Florida Hambook 2017
Florida Hambook 2017
Florida Hambook 2017
2017
FLORIDA
LAW ENFORCEMENT
HANDBOOK
MiamiDade County Edition
MIAMIDADE
POLICE DEPARTMENT
JUAN J. PEREZ
DIRECTOR
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Introduction
On behalf of the MiamiDade Police Department (MDPD), I am proud to
introduce the 2017 Edition of the Florida Law Enforcement
Handbook. The handbook is a select compilation of the most
frequently used state laws and procedures to assist our fellow law
enforcement community during daily activities. The handbook was
first produced by the MDPD Police Legal Bureau and distributed in
1975. The production of the handbook was recognized by the
National Association of Counties, as a recipient of the 1979 New
County Achievement Award. Today, the 42nd Edition of the
handbook continues to be a valuable source of information for the
many men and women who serve their communities tirelessly. It is
with great honor that I introduce the latest version of the Florida Law
Enforcement Handbook.
May this handbook be a source of reference that highlights the nobility of
policing and the dedication of those who serve our communities.
Sincerely wishing you a safe and productive year,
Juan J.
Perez,
Directo
r
MiamiDade Police
Department
Foreword
The 2017 Florida Law Enforcement Handbook contains a selection of procedural,
substantive and traffic laws compiled and edited for Florida law enforcement
officers, as well as a section of legal guidelines, written by Police Legal
Advisors. Included with your handbook is a CD containing the exact text of the
handbook for electronic reference, and a 2017 Florida Traffic Reference Guide
for use by officers enforcing Florida’s traffic laws.
Please recognize that this book contains only selected statutes. It is not an exhaustive
compilation of all the law. Although every effort has been made to ensure the
accuracy and completeness of the law and guidelines contained herein, no
express or implied guarantees, or warranties are made. The full text of the
Florida Statutes can be viewed on the official website of the Florida Legislature
at www.leg.state.fl.us. Similarly, the legal guidelines are just that – guidelines –
based upon principles of statutory interpretation and case law. Whenever a
procedural question arises regarding the application of a statute or the guidelines,
officers are encouraged and reminded to reference their agencies’ policies and
procedures, and seek supervisory assistance and legal guidance when
appropriate.
To further assist law enforcement officers, refer to the following new topics that have
been added to the Legal Guidelines Section of this 2017 edition of the Florida Law
Enforcement Handbook:
0 BodyWorn Cameras
1 Juveniles – Juvenile Interrogation
2 Juveniles – Public Records
3 Marchman Act
A new reference section has been added before the Substantive Laws (Crimes) Section,
called List of Chargeable Offenses.
Since the publication of the 2016 Florida Law Enforcement Handbook, there have been
some significant changes made to the law. Please reference the list below for the new
laws and those that have been amended.
NEW LAWS
§ 316.2069 Commercial megacycles
Vessels at risk of becoming derelict on waters of
§ 327.4107
this state
0 327.4108 Anchoring of vessels in anchoring limitation areas
1 327.45Protection zones for springs
Evidencing prejudice while committing offense
5888 775.0863 against person with mental or physical disability;
reclassification
§ 836.12 Threats
0 843.23Tampering with an electronic monitoring device
1 932.7061 Reporting seized property for forfeiture
Penalty for noncompliance with reporting
§ 932.7062
requirements
Interviews of victims, suspects, or defendants with autism or an autism spectrum
§ 943.0439
disorder
§ 943.1718 Body cameras; policies and procedures
DNA evidence collected in sexual offense
§ 943.326
investigations
§ 985.6865 Juvenile detention
AMENDED OR REENACTED LAWS
§ 39.01 Definitions
Mandatory reports of child abuse, abandonment, or
0 39.201neglect; mandatory reports of death; central abuse hotline
0 39.202
1 48.031
2 112.534
3 119.011
4 119.071
5 311.12
6 316.003
7 316.1303
8 316.193
Confidentiality of reports and records in cases of child abuse or neglect
Service of process generally; service of witness subpoenas
Failure to comply; official misconduct Definitions
General exemptions from inspection or copying of public records
Seaport security
Definitions
Traffic regulations to assist mobilityimpaired persons
Driving under the influence; penalties
Exemption of vehicles transporting certain persons
0 316.1964 who have disabilities from payment of parking fees
and penalties
1 316.235 Additional lighting equipment
Commercial motor vehicles; safety regulations;
0 316.302 transporters and shippers of hazardous materials; enforcement
1 316.303 Television receivers
2 316.515 Maximum width, height, length
3 316.605 Licensing of vehicles
Violations involving operation of motor vehicle in
0 316.6105 unsafe condition or without required equipment; procedure for
disposition
0 316.613
1 316.622
2 316.640
3 316.650
4 319.30
5 320.01
6 320.07
7 320.0848
Child restraint requirements
Farm labor vehicles
Enforcement
Traffic citations
Definitions; dismantling, destruction, change of identity of motor vehicle or mobile home; salvage
Definitions, general
Expiration of registration; renewal required; penalties
Persons who have disabilities; issuance of disabled parking permits; temporary permits; permits for
certain providers of transportation services to persons who have disabilities
0 320.38When nonresident exemption not allowed
1 322.031 Nonresident; when license required
0 322.051 Identification cards
1 322.14Licenses issued to drivers
Suspension of license; persons under 21 years of
§ 322.2616
age; right to review
Driving while license suspended, revoked,
§ 322.34
canceled, or disqualified
§ 327.33 Reckless or careless operation of vessel
Boating under the influence; penalties; “designated
§ 327.35
drivers.”
0 327.395 Boating safety identification cards
1 327.70Enforcement of this chapter and chapter 328
2 327.73Noncriminal infractions
3 328.07Hull identification number required
Penalties and violations; civil penalties for
0 379.401 noncriminal infractions; criminal penalties; suspension and forfeiture of
licenses and permits
Intentional killing or wounding of any species
0 379.411 designated as endangered, threatened, or of special concern; penalties
1 381.88Emergency allergy treatment
Compassionate use of lowTHC and medical
§ 381.986
cannabis
§ 394.462 Transportation
§ 394.463 Involuntary examination
Criteria for involuntary admissions, including protective custody,
emergency admission, and other involuntary assessment,
involuntary treatment, and
alternative involuntary assessment for minors, for
purposes of assessment and stabilization, and for
involuntary treatment
§ 397.6772 Protective custody without consent
§ 403.413 Florida Litter Law
§ 414.39 Fraud
§ 499.003 Definitions of terms used in this part
§ 499.005 Prohibited acts
§ 499.0051 Criminal acts
§ 538.03 Definitions; applicability
§ 538.04 Recordkeeping requirements; penalties
§ 538.06 Holding period
§ 538.08 Stolen goods; complaint for return
§ 538.09 Registration
§ 539.001 The Florida Pawnbroking Act
§ 546.10 Amusement games or machines
§ 552.113 Reports of thefts, illegal use, or illegal possession
Domestic violence; injunction; powers and duties of court and
clerk; petition; notice and hearing;
§ 741.31
§ 741.315
0 741.30temporary injunction; issuance of injunction; statewide verification system;
enforcement; public records exemption
Violation of an injunction for protection against domestic
violence
Recognition of foreign protection orders Penalties;
applicability of sentencing structures;
§ 775.082 mandatory minimum sentences for certain
0 775.082
1 775.0823
2 775.084
mandatory minimum sentences for certain reoffenders previously released
from prison
Violent offenses committed against law enforcement officers, correctional officers,
state attorneys, assistant state attorneys, justices, or judges
Violent career criminals; habitual felony offenders and habitual violent felony offenders;
threetime violent felony offenders; definitions; procedure; enhanced penalties or
mandatory minimum prison terms
0 775.085
1 775.0862
2 775.087
3 775.0877
4 775.13
5 775.15
6 775.21
7 775.25
8 775.261
9 782.04
Evidencing prejudice while committing offense; reclassification
Sexual offenses against students by authority figures; reclassification
Possession or use of weapon; aggravated battery; felony reclassification; minimum
sentence Criminal transmission of HIV; procedures; penalties
Registration of convicted felons, exemptions; penalties
Time limitations; general time limitations; exceptions
The Florida Sexual Predators Act Prosecutions for acts or
omissions
The Florida Career Offender Registration Act Murder
Murder; law enforcement officer, correctional
ᜀ Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ ĀĀĀԀȀȀ⠀Ā⤀Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ 0 784
.047
ᜀ Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ ĀĀĀԀȀȀ⠀Ā⤀Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ Ā ᜀ 1 784.0
485
Penalties for violating protective injunction against violators
Stalking; injunction; powers and duties of court and clerk; petition; notice and hearing;
temporary injunction; issuance of injunction; statewide verification system; enforcement
§ 790.18 Sale or transfer of arms to minors by dealers
Felons and delinquents; possession of firearms,
§ 790.23 ammunition, or electric weapons or devices
0 790.23ammunition, or electric weapons or devices unlawful
1 791.013 Testing and approval of sparklers; penalties
2 794.011 Sexual battery
3 794.022 Rules of evidence
4 794.075 Sexual predators; erectile dysfunction drugs
Renting space to be used for lewdness, assignation,
§ 796.06
or prostitution
§ 796.07 Prohibiting prostitution and related acts
Screening for HIV and sexually transmissible
§ 796.08
diseases; providing penalties
§ 798.02 Lewd and lascivious behavior
§ 810.02 Burglary
§ 812.014 Theft
Civil remedies; limitation on civil and criminal
§ 812.035
actions
Offenses against intellectual property; public
§ 815.04
records exemption
Controlled substance named or described in s.
§ 817.563
893.03; sale of substance in lieu thereof
§ 817.568 Criminal use of personal identification information
§ 817.58 Definitions
§ 817.611 Traffic in or possess counterfeit credit cards
Use of scanning device or reencoder to defraud;
§ 817.625
penalties
§ 831.30 Medicinal drugs; fraud in obtaining
manufacture, or deliver
Unlawful sale, manufacture, alteration, delivery,
0 831.311 uttering, or possession of counterfeitresistant prescription
blanks for controlled substances
1 838.014 Definitions
2 838.015 Bribery
Unlawful compensation or reward for official
§ 838.016
behavior
0 838.022 Official misconduct
1 838.22Bid tampering
2 856.015 Open house parties
Loitering or prowling by certain offenders in close
§ 856.022
proximity to children; penalty
Commercial transportation; penalty for use in
§ 860.065
commission of a felony
§ 893.02 Definitions
0 893.03Standards and schedules
1 893.033 Listed chemicals
2 893.04Pharmacist and practitioner
Practitioners and persons administering controlled
§ 893.05
substances in their absence
§ 893.07 Records
0 893.12Contraband; seizure, forfeiture, sale
1 893.13Prohibited acts; penalties
Trafficking; mandatory sentences; suspension or
23 893.135 reduction of sentences; conspiracy to engage in
0 893.135 reduction of sentences; conspiracy to engage in trafficking
Ownership, lease, rental, or possession for
0 893.1351 trafficking in or manufacturing a controlled substance
1 893.145 “Drug paraphernalia” defined
Use, possession, manufacture, delivery,
0 893.147 transportation, advertisement, or retail sale of drug paraphernalia
1 893.149 Unlawful possession of listed chemical
2 895.02Definitions
Civil investigative subpoenas; public records
§ 895.06
exemption
Florida Money Laundering Act; definitions;
§ 896.101
penalties; injunctions; seizure warrants; immunity
0 901.15When arrest by officer without warrant is lawful
1 903.047 Conditions of pretrial release
2 932.701 Short title; definitions
3 932.703 Forfeiture of contraband article; exceptions
4 932.704 Forfeiture proceedings
5 932.7055 Disposition of liens and forfeited property
6 943.053 Dissemination of criminal justice information; fees
Introduction, removal, or possession of certain
§ 944.47
articles unlawful; penalty
0 948.08Pretrial intervention program
1 951.22County detention facilities; contraband articles
0 985.11Fingerprinting and photographing
1 985.345 Delinquency pretrial intervention programs
2 1006.147 Bullying and harassment prohibited
Ivonne Duran
Police Legal Advisor Manager
Miami-Dade Police Department
Contributing Editor – 2017
Edition
Contents of the Handbook
The Handbook is divided into eight sections as listed below.
Each section is printed on a different color stock and is preceded by a table of contents.
The statutes and ordinances are arranged numerically within each section; the Handbook
is paginated at the bottom of the page. A comprehensive index appears in Section VIII.
Introduction (Cream) I.
Legal Guidelines (Cream) II.
State Procedural Laws (Green) III.
Civil Forfeitures (White) IV.
State Substantive Laws (Crimes)
V.
(Yellow)
State Traffic Laws (White) VI.
Ordinances (Green) VII.
Index (Yellow) VIII.
See detailed Table of Contents preceding each section, or the alphabetical index in
Section VIII, for further reference.
Legal Guidelines
Contents
ARREST
General
Probable Cause
Warrantless Arrest
Bondsmen
Diplomatic and Consular Officials
Foreign Nationals Loitering or
Prowling
BODYWORN CAMERAS CHILD
CUSTODY DISPUTES CIVIL
RIGHTS–FEDERAL LAW
Police Liability Under Federal Law Civil
Action for Deprivation of Rights
Conspiracy to Interfere with Civil Rights–Depriving Persons of Rights or
Privileges
Criminal Liability
Criminal Liability–Special Exceptions
COST RECOVERY
COURT ORDERS
COURT PROCEDURES
Complaints–Misdemeanors
Depositions
Discovery Obligations
DNA SAMPLES TAKEN FROM ARRESTEES
DOG ALERTS
DOG SNIFFS DURING TRAFFIC STOPS
DOMESTIC VIOLENCE
Enforcement of Injunctions
Recognition of Foreign Protection Orders–§ 741.315, Fla.
Stat.
DUI CHECKPOINTS – DRIVER’S REFUSAL TO OPEN WINDOW/DOOR
ELECTIONS ISSUES
ELEMENTS OF OFFENSES
ENFORCEMENT OF TRAFFIC LAWS ON PRIVATE PROPERTY
EVICTION OF TENANTS AND GUESTS: WHEN POLICE ACTION MAY BE
TAKEN
EVIDENCE
Intent––The Burden of Proof
FIREWORKS
FRAUD / IDENTIFY THEFT CASES
Conducting an Identification Confrontation
Photographic Displays
Lineups
INTERROGATION
Fifth Amendment Rights
JUVENILES
Procedures for Taking a Child Into Custody
Juvenile Interrogation
Truancy
Juvenile Traffic Offenders
MENTAL HEALTH ACT
MISSING PERSONS
PERSONS ON PROPERTY WITHOUT LEGAL CLAIM OR TITLE
POLICECITIZEN ENCOUNTERS
POLICE OFFICERS
REMOVAL OF MOTOR VEHICLES FROM PRIVATE PROPERTY
REPOSSESSION
Creditor SelfHelp
SEARCH AND SEIZURE
Consent to Search Shared Premises
Warrantless Search of Cell Phones Seized Incident to Arrest Entry of Premises
to Effect an Arrest
Search of Person/Premises Incident to Lawful Arrest Motor
Vehicles – Passengers on Traffic Stops
Motor Vehicles – Questioning and Requesting Identification From Passengers on
Traffic Stops
Motor Vehicles Search Incident to Lawful Arrest Motor Vehicles
Search Based Upon Probable Cause Motor Vehicles Search
Based Upon Consent
Pretext Seizures/Stops
Plain View Seizures
Consensual Encounters
Stop and Frisk
Protective Searches
SHOOTING INTO OR THROWING DEADLY MISSILES
SOVEREIGN CITIZENS
USE OF FORCE
Battery, Aggravated Battery and Murder
Legal Justification – Touching or the Use of Force
Arrest Situations
Statutory Authorization
Level of Force
“ Reasonable Use of Force” Department Rules and Training WEAPONS
Motor Vehicles Simple Possession of Weapon
ARREST
General
An “arrest” is the apprehension or taking into custody of an
alleged offender, in order that he may be brought into the proper court
to answer for a crime. Gustafson v. State , 243 So.2d 615
(Fla. 4th
DCA 1971) .
The elements of arrest are: (1) purpose and intention to effect arrest under real or
pretended authority; (2) actual or constructive seizure or detention of person to be
arrested by person having present power to control person arrested; (3) communication
by arresting officer to person whose arrest is sought of intention or propose then and
there to effect arrest; and (4) understanding of person whose arrest is sought that it is
intention of arresting officer then and there to arrest and detain him. Clark v. State, 322
So2d 635 (Fla. 3rd DCA 1975). An arrest is not complete until it has been communicated
to the person being arrested. Chaney v. State, 237 So.2d 281 (Fla. 4th DCA 1970).
All arrests must be predicated upon a probable cause belief that a crime has been
committed and that the subject in custody is the person who committed the crime. They
arresting officers must be able to clearly articulate the facts that led him/her to belive that
a crime was committed. The Arrest Affidavit must contain facts and details about the
crime; specifically it must contain the elements of the crime charged. The laws of arrest
are governed by Florida Statutes Section 901.
There are two forms of arrest, an arrest with a warrant and without a warrant.
Arrest with a warrant:
0 Criminal Warrant – an arrest warrant issued pursuant to a sworn affidavit and
signed by a judge.
0 Warrant for failure to appear in court – this warrant is issued by a
judge for failure by the defendant to appear in court. In
misdemeanor cases, these warrants are referred to as “bench
warrants.” In felony cases, these warrants are referred to as “alias
capias (AC) warrants.” In juvenile cases, these warrants are
referred to as “pickup orders.”
Arrest without a warrant – pursuant to § 901.15, a law
enforcement officer may
arrest a person without a warrant when:
0 The person has committed a felony or misdemeanor or violated a municipal or
county ordinance in the presence of the officer. An arrest for the commission
of a misdemeanor or the violation of a municipal or county ordinance shall be
made immediately or in fresh pursuit.
1 A felony has been committed and he or she reasonably believes that the person
committed it.
2 He or she reasonably believes that a felony has been or is being committed
and that the person to be arrested has committed or is committing it.
3 A warrant for the arrest has been issued and is held by another peace officer
for execution.
4 A violation of chapter 316 has been committed in the presence of the officer.
Such an arrest may be made immediately or in fresh pursuit. Any law
enforcement officer, upon receiving information relayed to him or her from a
fellow officer stationed on the ground or in the air that a driver of a vehicle
has violated chapter 316, may arrest the driver for violation of those laws
when reasonable
and proper identification of the vehicle and the violation has been communicated to
the arresting officer.
0 There is probable cause to believe that the person has committed a criminal
act according to § 790.233 or according to § 741.31 or § 784.047 which
violates an injunction for protection entered pursuant to § 741.30 or §
784.046, or a foreign protection order accorded full faith and credit pursuant
to § 741.315, over the objection of the petitioner, if necessary.
1 There is probable cause to believe that the person has committed an act of
domestic violence, as defined in § 741.28, or dating violence, as provided in §
784.046. The decision to arrest shall not require consent of the victim or
consideration of the relationship of the parties. It is the public policy of this
state to strongly discourage arrest and charges of both parties for domestic
violence or dating violence on each other and to encourage training of law
enforcement and prosecutors in these areas. A law enforcement officer who
acts in good faith and exercises due care in making an arrest under this
subsection, under § 741.31(4) or § 784.047, or pursuant to a foreign order of
protection accorded full faith and credit pursuant to § 741.315, is immune
from civil liability that otherwise might result by reason of his or her action.
2 There is probable cause to believe that the person has committed child abuse,
as defined in § 827.03, or has violated § 787.025, relating to luring or enticing
a child for unlawful purposes. The decision to arrest does not require consent
of the victim or consideration of the relationship of
the parties. It is the public policy of this state to protect abused children by
strongly encouraging the arrest and prosecution of persons who commit child
abuse. A law enforcement officer who acts in good faith and exercises due care
in making an arrest under this subsection is immune from civil liability that
otherwise might result by reason of his or her action.
0 There is probable cause to believe that the person has committed:
0 Any battery upon another person, as defined in § 784.03.
1 An act of criminal mischief or a graffitirelated offense as described in §
806.13.
2 A violation of a safety zone, security zone, regulated navigation area, or
naval vessel protection zone as described in § 327.461.
1 The officer has determined that he or she has probable cause to believe that a
misdemeanor has been committed, based upon a signed affidavit provided to
the officer by a law enforcement officer of the United States Government,
recognized as such by United States statute, or a United States military law
enforcement officer, recognized as such by the Uniform Code of Military
Justice or the United States Department of Defense Regulations, when the
misdemeanor was committed in the presence of the United States law
enforcement officer or the United States military law enforcement officer on
federal military property over which the state has maintained exclusive
jurisdiction for
such a misdemeanor.
0 (a) A law enforcement officer of the Florida National Guard, recognized as
such by the Uniform Code of Military Justice or the United States Department
of Defense Regulations, has probable cause to believe a felony was committed
on state military property or when a felony or misdemeanor was committed in
his or her presence on such property.
0 All law enforcement officers of the Florida National Guard shall
promptly surrender all persons arrested and charged with a felony to
the sheriff of the county within which the state military property is
located, and all persons arrested and charged with misdemeanors shall
be surrendered to the applicable authority as may be provided by law,
but otherwise to the sheriff of the county in which the state military
property is located. The Florida National Guard shall promptly notify
the applicable law enforcement agency of an arrest and the location of
the prisoner.
1 The Adjutant General, in consultation with the Criminal Justice
Standards and Training Commission, shall prescribe minimum training
standards for such law enforcement officers of the Florida National
Guard.
1 He or she is employed by the State of Florida as a law enforcement officer as
defined in § 943.10(1) or parttime law enforcement officer as defined in §
943.10(6), and:
0 He or she reasonably believes that a felony involving violence has been
or is being committed and that the
person to be arrested has committed or is committing the felony;
0 While engaged in the exercise of his or her state law enforcement duties,
the officer reasonably believes that a felony has been or is being
committed; or
1 A felony warrant for the arrest has been issued and is being held for
execution by another peace officer.
Notwithstanding any other provision of law, the authority of an officer
pursuant to this subsection is statewide. This subsection does not limit the
arrest authority conferred on such officer by any other provision of law.
0 There is probable cause to believe that the person has committed an act that
violates a condition of pretrial release provided in § 903.047 when the
original arrest was for an act of domestic violence as defined in § 741.28, or
when the original arrest was for an act of dating violence as defined in §
784.046.
1 There is probable cause to believe that the person has committed trespass in
a secure area of an airport when signs are posted in conspicuous areas of
the airport which notify that unauthorized entry into such areas constitutes a
trespass and specify the methods for gaining authorized access to such areas.
An arrest under this subsection may be made on or off airport premises. A
law enforcement officer who acts in good faith and exercises due care in
making an arrest under this subsection is immune from civil liability that
otherwise might result by reason of the law enforcement officer’s action.
0 There is probable cause to believe that the person has committed assault upon a law
enforcement officer, a firefighter, an emergency medical care provider, public transit
employees or agents, or other specified officers as set forth in § 784.07 or has committed
assault or battery upon any employee of a receiving facility as defined in § 394.455 who is
engaged in the lawful performance of his or her duties.
1 There is probable cause to believe that the person has committed a criminal act of sexual
cyberharassment as described in § 784.049.
Probable Cause
General
An arrest by a police officer pursuant to a warrant or a warrant exception must
always be based on “probable cause.” The officer must have probable cause to believe
that a particular statute has been violated by the subject, and that all the elements
enumerated in the statute are present, based on the totality of the circumstances. Probable
cause to make an arrest is a lesser standard than that required for a conviction, which is
“proof beyond a reasonable doubt.”
The determination of probable cause for an arrest is a layered concept, wherein the
officer can use all the factors and circumstances available at the time, “the totality of the
circumstances.” In Florida, probable cause for an arrest exists “… where the facts and
circumstances within their (the officers’) knowledge and of which they had reasonably
trustworthy
information are sufficient in themselves to warrant a man of reasonable caution in the
belief that an offense has been or is being committed.” Jenkins v. State, 978 So. 2d 116
(Fla. 2008).
Prearrest factors establishing probable cause may include the officer’s observations
(as well as those of fellow officers), information received from citizens (witness,
informants, victims, etc.) and physical evidence. The prearrest factors establishing
probable cause are the most important because these factors must establish probable
cause prior to making the formal arrest. While postarrest factors may be used in the
subsequent determination of “proof beyond a reasonable doubt,” probable cause for the
initial arrest must exist at the time of the arrest.
Guidelines
Once an officer has determined that probable cause exists and an arrest has been
made, it is equally important that the documentation of the incident and circumstances be
as complete and accurate as possible. The initial evaluation of whether probable cause for
the arrest exists will be made by a judge or an assistant state attorney based on a review
of the arrest affidavit. Therefore, it is critical that this document contain all the necessary
elements to establish probable cause. Officers should document all facts and evidence
that will lead the reviewer to the conclusion that probable cause exists for the arrest.
Avoid using broad conclusory statements. Additionally, a detailed arrest affidavit and
accompanying police report may serve to refresh an officer’s memory if court
proceedings take place after an extended period of time.
There can be serious consequences for both the officer and the
department if it is determined that there was no probable cause for an arrest. Charges
against the defendant would be dismissed, evidence may be suppressed (which may
affect other defendants), the officer and department may be the target of civil lawsuits
and the officer may face criminal charges.
Release of Arrestee
During the course of an investigation information may come to light subsequent to
the arrest that affects the probable cause determination. Probable cause to believe that the
defendant committed the crime may “evaporate” in light of new information uncovered in
the subsequent investigation. This may occur shortly after the arrest, or after an extended
period of time. Upon making a determination that probable cause for an arrest no longer
exists (which, depending on the circumstances, may require consultation with the
prosecutor or inhouse counsel), the arrestee should be immediately released. The
officer(s) should make every effort to return the individual to his/her pre arrest state by
transporting the arrestee to the original place of detention, releasing all personal property
impounded, etc. Accordingly, the arrestee should be given an explanation regarding the
circumstances relating to his/her release. Caution should be exercised in the release of
information if the investigation is continuing so as not to divulge any active criminal
investigative information. Individuals should be assisted in recovering their vehicle (if
one has been towed) and given any other reasonable assistance.
still retains its legal validity based on the facts known to the officer at the time of the
arrest. In all such cases, a detailed report must be prepared containing all pertinent
information. MiamiDade Police Department officers should refer to the MiamiDade
Police Department Manual, Chapter 18, Part 2, Prisoner Related Activities, III.,B.,
Safeguarding Against False Arrest.
Warrantless Arrest
A police officer may make a warrantless arrest if there is probable cause to believe
that a felony has been committed and the individual is the perpetrator of the crime. If the
crime involved is a misdemeanor, the officer may not ordinarily make a warrantless arrest
unless the crime was committed in his or her presence. Any complaining witness or
victim may file a complaint at any office of the State Attorney. See Legal Guidelines,
Court Procedures, Complaints, and Misdemeanors.
Upon evaluation, the State Attorney may file a direct information. If he or she does,
the Clerk of the Court will then issue an arrest warrant. However, the complaint will
probably be forwarded to the Clerk who will take the affidavit and administer the oath.
The Clerk will then issue a summons. The complainant is now entitled to a hearing before
a magistrate. The magistrate may issue a capias (warrant) if the party complained against
fails to appear.
There are a number of statutory exceptions to the above provisions concerning
misdemeanors. Some instances where a police officer may arrest without a warrant
(provided that there is probable cause) are:
0 Airport: Actions of trespass in a secure area of an airport when signs are posted
in conspicuous area of airport which notify that unauthorized entry into such
areas constitutes a trespass and specify the methods for gaining authorized access
to such areas. (Misdemeanor exception source § 901.15(14)).
1 Assault: An assault upon a law enforcement officer, a firefighter, an emergency
medical care provider, public transit employees or agents, or other specified
officers as set forth in § 784.07 or an assault or battery upon any employee of a
receiving facility as defined in § 394.455 who is engaged in the lawful
performance of their duties. (Misdemeanor exception source § 901.15(15)).
2 Battery: Any battery upon another person, as defined in § 784.03.
(Misdemeanor exception source § 901.15(9)(a)).
3 Child Abuse: An act of child abuse, as defined in § 827.03, Abuse, aggravated
abuse, and neglect of a child or has violated § 787.025, Luring or enticing a
child. (Misdemeanor exception source § 901.15(8)).
4 Criminal Mischief: An act of Criminal mischief as described in § 806.13.
(Misdemeanor exception source § 901.15(9)(b)).
5 Concealed Weapon: A criminal act according to § 790.01, Carrying concealed
weapons. (Misdemeanor exception source § 790.02).
6 Disorderly Conduct: Any acts of a breach of the peace or disorderly conduct as
defined in § 877.03 on the premises of a licensed establishment. (Misdemeanor
exception source § 509.143(2)).
7
Domestic Violence:
0 An act of domestic violence, as defined in § 741.28. (Misdemeanor exception
source § 901.15(7)).
1 A criminal act according to § 741.31, Violation of a domestic violence injunction.
(Misdemeanor exception source § 901.15(6)).
2 An act that violates a condition of pretrial release provided in § 903.047 when
the original arrest was for an act of domestic violence as defined in § 741.28.
(Misdemeanor exception source § 901.15(13)).
3 A criminal act according to § 790.235, Possession of firearm or ammunition
prohibited when person is subject to a domestic violence injunction.
(Misdemeanor exception source § 901.15(6)).
4 A criminal act according to § 784.047, Penalties for violating protective
injunctions, which violates: an injunction for protection entered pursuant to §
741.30. (Misdemeanor exception source § 901.15(6)).
5 A criminal act according to § 784.046, Action by victim of repeat violence,
sexual violence, or dating violence for protective injunction. (Misdemeanor
exception source § 901.15(6)).
6 Drugs: Possession of not more than 20 grams of cannabis according to §
893.13(6)(b). (Misdemeanor exception source
§ 893.13(6)(d)).
0 Graffiti: A Graffitirelated offense as described in § 806.13. (Misdemeanor
exception source § 901.15(9)(b)).
1 Loitering and Prowling: A criminal act according to § 856.021, Loitering and
Prowling. (Misdemeanor exception source § 856.031).
2 Protection Order: A foreign protection order accorded full faith and credit
pursuant to § 741.315, Recognition of foreign protection orders. (Misdemeanor
exception source § 901.15(6)).
3 Sexual Cyberharassment: There is probably cause to believe that the person has
committed a criminal act of sexual cyberharassment as described in § 784.049.
4 Stalking: Any violation of § 748.048, Stalking. (Misdemeanor exception source §
784.048(6)).
5 Theft: An act of retail theft, farm theft, or transit fair evasion as defined in §
812.015. (Misdemeanor exception source § 812.015).
6 Traffic: Any offense committed under the provision of Chapter 316, State Uniform
Traffic Control, or Chapter 322, Drivers’ Licenses, in connection with a crash
after investigation at the scene. (Misdemeanor exception source § 316.645).
7 Trespass: Any act of trespass on a campus or other facility of a school as defined
in § 810.097. (Misdemeanor exception source § 810.097(4)).
0 Vessel Safety: A violation of a safety zone, security zone, regulated navigation
area, or naval vessel protection zone as described in § 327.461. (Misdemeanor
exception source § 901.15(9)(c)).
Bondsmen
Bondsman Authority to Arrest
In Florida, bondsmen are licensed and regulated under Florida Statute § 648 and have
arrest powers pursuant to Florida Statutes
0 903.22 . A bondsman (also referred to as a “surety”) is legally considered to have
custody of a defendant (also referred to as a
“principal”) who has been released from law enforcement/corrections custody on bail. As
such, the bondsman has statutory authority to “recapture” a defendant whose bail has
been forfeited or when the bondsman surrenders the defendant to law enforcement
authorities. A bondsman may arrest a principal before or after the forfeiture of the bond.
Florida Statutes § 903.22
– § 903.29
. A bondsman may authorize a peace officer to make the arrest of a principal,
by endorsing the authorization on a certified copy of the bond. Prior to making an arrest
predicated on an endorsed authorization on a certified copy of a bond, officers should
verify the validity of the certified copy, as well the licensure and authority of the
bondsman.
Authority of OutofState Bondsman to Arrest
written. Florida Statutes § 648.30(3). Additionally, the power of an outofstate
bondsman is derived from federal case law and recognized by the Florida Supreme Court.
Register v. Barton , 75
So. 2d 187 (Fla.1954) . If a person arresting a principal is not
licensed under Florida law or by a foreign state, the arrest may be in violation of Florida
law. Officers confronted with an arrest of a principal effected by an outofstate
bondsman, should make inquires as to the licensure and authority of the outofstate
bondsman.
Use of Force by Bondsman
A bondsman may only use reasonable force in apprehending a fugitive (principal).
Reasonable force has been described as “… only that force that an ordinary, prudent, and
intelligent person with the surety’s (bondsman’s) knowledge would have believed
necessary in the circumstances to capture and surrender the principal”. Bondsmen have
no statutory, common law or case law authority to use deadly force in effecting a capture.
However, the use of deadly force will usually be considered “reasonable” when used “…
to overcome declared, open and armed resistance…” to an arrest. Buchanan v. State
,
927 So. 2d 209 (Fla. 5th DCA 2006) .
Armed Bondsman
Bondsmen have no authority under § 903 or § 648 to be armed. Accordingly, a
bondsman must possess a valid license under § 790.06 to carry a concealed weapon or
firearm. In situations where an officer encounters a bondsman who is armed and has a
license to carry a concealed weapon or firearm, he/she should
follow the routine procedure to verify that the concealed weapon or firearm
license is valid.
Diplomatic and Consular Officials
The information provided in this section are excerpts from the United
States Department of State, Office of Foreign Missions publication entitled,
Diplomatic and Consular Immunity: Guidance for Law Enforcement and
Judicial Authorities. It is published verbatim for the information and guidance
that it provides to law enforcement officers. This following information is a
brief summary on this topic, a complete copy of the publication can be
downloaded at: http://travel.state.gov/CNA.
International law requires that law enforcement authorities of the United States
extend certain privileges and immunities to members of foreign diplomatic missions and
consular posts. Most of these privileges and immunities are not absolute, and law
enforcement officers retain their fundamental responsibility to protect and police the
orderly conduct of persons in the United States. The following information is provided as
a guide to the categories of foreign mission personnel and the privileges and immunities
to which each is entitled. It explains how to identify (and verify the identity of) such
persons and furnishes guidance to assist law enforcement officers in the handling of
incidents involving foreign diplomatic and consular personnel.
What is diplomatic immunity?
jurisdiction of local courts and other authorities for both their official and, to a
large extent, their personal activities.
Basis of Immunity
The underlying concept of the special privileges and immunities accorded foreign
diplomatic and consular representatives is that foreign representatives can carry out their
duties effectively only if they are accorded a certain degree of insulation from the
application of standard law enforcement practices of the host country.
On a practical level, a failure of the authorities of the United States to fully respect
the immunities of foreign diplomatic and consular personnel may complicate diplomatic
relations between the United States and the other country concerned. It may also lead to
harsher treatment of U.S. personnel abroad, since the principle of reciprocity has, from
the most ancient times, been integral to diplomatic and consular relations.
It should be emphasized that even at its highest level, diplomatic immunity does not
exempt diplomatic officers from the obligation of conforming with national and local
laws and regulations. Diplomatic immunity is not intended to serve as a license for
persons to flout the law and purposely avoid liability for their actions. The purpose of
these privileges and immunities is not to benefit individuals but to ensure the efficient
and effective performance of their official missions on behalf of their governments. This
is a crucial point for law enforcement officers to understand in their dealings with
foreign diplomatic and consular personnel. While police officers are obliged, under
international customary and treaty law, to recognize the immunity
of the envoy, they must not ignore or condone the commission of crimes. As is explained in greater
detail below, adherence to police procedures in such cases is often essential in order for the United States
to formulate appropriate measures through diplomatic channels to deal with such offenders.
Categories of Persons Entitled to Privileges and Immunities
The staffs of diplomatic missions (embassies) are afforded the highest level of
privileges and immunities in the host country in order that they may effectively perform
their important duties. The following is a list of diplomatic categories:
Diplomatic Agents – enjoy the highest level of privileges and immunities. They
have complete personal inviolability, which means that they may not be handcuffed
(except in extraordinary circumstances), arrested, or detained; and neither their property
(including vehicles) nor residences may be entered or searched. Diplomatic agents also
enjoy complete immunity from the criminal jurisdiction of the host country’s courts and
thus cannot be prosecuted no matter how serious the offense unless their immunity is
waived. Family members forming part of the household of diplomatic agents enjoy
precisely the same privileges and immunities as do the sponsoring diplomatic agents.
Waivers
Always keep in mind that privileges and immunities are extended from one country
to another in order to permit their respective representatives to perform their duties
effectively; in a sense, it may be said the sending countries “own” these privileges
and immunities. Therefore, while the individual enjoying such immunities
may not waive them, the sending states can, and do. Police authorities should
never address the alleged commission of a crime by a person enjoying full
criminal immunity with the belief that there is no possibility that a prosecution
could result. The U.S. Department of State requests waivers of immunity in
every case where the prosecutor advises that, but for the immunity, charges
would be pursued. In serious cases, if a waiver is refused, the offender will be
expelled from the United States and the U.S. Department of State will request
that a warrant be issued and appropriate entries to the National Crime
Information Center (NCIC) database be made by the responsible jurisdiction.
The seeking of waiver of immunity is handled entirely via diplomatic
channels, but effective and informed police work becomes the basis of the
prosecutor’s decision and the foundation for the U.S. Department of State’s
waiver requests and any subsequent prosecutions or expulsions.
Members of Consular Posts (Normal and Special Bilateral)
Consular personnel perform a variety of functions of principal interest to
their respective sending countries (e.g., issuance of travel documents, attending
to the difficulties of their own nationals who are in the host country, and
generally promoting the commerce of the sending country). Countries have
long recognized the importance of consular functions to their overall relations,
but consular personnel generally do not have the principal role of providing
communication between the two countries — that function is performed by
diplomatic agents at embassies in capitals. The 1963 Vienna Convention on
Consular Relations grants a very limited level of privileges and immunities
to consular personnel assigned to consulates that are located outside of capitals.
There is a common misunderstanding that consular personnel have diplomatic status and
are entitled to diplomatic immunity.
Consular Officers
Consular officers are those members of consular posts who are recognized by both
the sending and the host country as fully authorized to perform the broad array of formal
consular functions. They have only official acts or functional immunity in respect of both
criminal and civil matters, and their personal inviolability is quite limited. Consular
officers may be arrested or detained pending trial only if the offense is a felony and that
the arrest is made pursuant to a decision by a competent judicial authority (e.g., a warrant
issued by an appropriate court). They can be prosecuted for misdemeanors, but remain at
liberty pending trial or other disposition of charges. Property of consular officers is not
inviolable. Consular officers are not obliged to provide evidence as witnesses in
connection with matters involving their official duties, to produce official documents, or
to provide expert witness testimony on the laws of the sending country. Absent a bilateral
agreement, the family members of consular officers enjoy no personal inviolability and
no jurisdictional immunity of any kind.
As indicated, official acts immunity pertains in numerous different circumstances. No
law enforcement officer, U.S. Department of State officer, diplomatic mission, or
consulate is authorized to determine whether a given set of circumstances constitutes an
official act. This is an issue which may only be
resolved by the court with subject matter jurisdiction over the alleged crime.
Thus, a person enjoying official acts immunity from criminal jurisdiction may be
charged with a crime and may, in this connection, always be required to appear
in court (in person or through counsel). At this point, however, such person may
assert as an affirmative defense that the actions complained of arose in
connection with the performance of official acts. If, upon examination of the
circumstances complained of, the court agrees, then the court is without
jurisdiction to proceed and the case must be dismissed. Law enforcement officers
are requested to contact the Department of State before arresting a consular
officer, or, if not possible, immediately after arrest.
Identification of Persons Entitled to Privileges and Immunities in the
United States
It is critical for a law enforcement officer to identify quickly and accurately
the status of any person asserting immunity. Numerous documents are associated
with foreign diplomats; only one provides an accurate indication of the status of
the holder. This section endeavors to explain the array of documents and clarify
for police officers which one may be relied upon.
Identification Cards Issued by the U.S. Department Of State
The only authoritative identification document is the identity card issued by the U.S.
Department of State, the U.S. Mission to the United Nations in the case of persons
accredited to the United Nations, and the American Institute in Taiwan for the employees
of TECRO or TECO. There are three types of identification cards: Diplomatic (blue
border for diplomats), Official (green border for
embassy employees and United Nations Permanent Mission support staff, and TECRO employees), and
Consular (red border for consular personnel and TECO employees). The identification cards are 3-7/16” x
2-3/16” and contain a photograph of the bearer. The bearer’s name, title, mission, city and state, date of
birth, identification number, and expiration date appear on the front of the card. The U.S. Department of
State seal appears on the back of the card. A brief statement of the bearer’s criminal immunity, if any, is
printed on the reverse side.
While this form of identification is generally to be relied upon, law enforcement authorities are
nonetheless urged to immediately seek verification in connection with any serious incident or in any case
where they have reason to doubt the validity of the card. Police officers should be alert to the fact that
newly arrived members of diplomatic and consular staffs may not yet have these official identity
documents and should contact the U.S. Department of State at (202) 647-1985 or (202) 647-1727 for
verification if confronted with such situations.
Handling Incidents General Procedures
Verifying Suspect Identify and Status
can be confirmed. In all cases, including those in which the suspect provides a U.S.
Department of Stateissued identification card, the law enforcement officer should verify
the suspect’s status by contacting the U.S. Department of State. Once the status is
verified, the officer should prepare his or her report, fully describing the details and
circumstances of the incident in accordance with normal police procedures.
Personal Inviolability and Questions Regarding Handcuffing
If the suspect enjoys personal inviolability, he or she may not be handcuffed, except
when that individual poses an immediate threat to safety, and may not be arrested or
detained. Once all pertinent information is obtained, that person must be released. A copy
of the incident report should be faxed or emailed as soon as possible to the U.S.
Department of State in Washington, D.C. Detailed documentation of incidents is essential
to enable the U.S. Department of State to carry out its policies.
Traffic Enforcement
Stopping a mission member or dependent and issuing a traffic citation for a moving
violation is permitted and does not constitute arrest or detention. However, the subject
may not be compelled to sign the citation. In all cases, officers should follow their
departmental guidelines and document the facts of the case fully. A copy of the citation
and any other documentation regarding the incident should be forwarded to the U.S.
Department of State as soon as possible.
For “must appear” offenses, the U.S. Department of State uses the citation and any
report as the basis for requesting an “express
waiver of immunity.” Individuals cited for prepayable offenses are given the
option of paying the fine or obtaining a waiver in order to contest the charge.
DUI and Other Serious Cases
In serious cases, e.g., DUI, personal injury, and accidents, officers on the scene
should make telephonic notification to the U.S. Department of State (using the
numbers provided on the reverse side of the Department of State driver’s license if
available). The officer should follow his or her department’s guidelines with respect
to the conduct of a field sobriety investigation. If appropriate, standardized field
sobriety testing should be offered and the results fully documented. The taking of
these tests may not be compelled. If the officer judges the individual too impaired to
drive safely, the officer should not permit the individual to continue to drive (even in
the case of diplomatic agents). Depending on the circumstances, there are several
options. The officer may, with the individual’s permission, take the individual to the
police station or other location where he or she may recover sufficiently to drive; the
officer may summon, or allow the individual to summon, a friend or relative to drive;
or the police officer may call a taxi for the individual. If appropriate, the police may
choose to provide the individual with transportation.
Driver History, Infractions, and “Point” Program
The U.S. Department of State’s Diplomatic Motor Vehicle Office maintains driver
histories on all its licensees and assesses points for moving violations. Drivers who
demonstrate a pattern
of bad driving habits or who commit an egregious offense such as DUI are subject to having their licenses
suspended or revoked as appropriate. This policy can be enforced effectively only if all driving infractions
(DUI, reckless driving, etc.) are reported promptly to the U.S. Department of State. It is U.S. Department of
State policy to assign “points” for driving infractions and to suspend the operator license of foreign
mission personnel who abuse the privilege of driving in the United States by repeatedly committing traffic
violations and demonstrating unsafe driving practices.
Property Inviolability and Vehicles
The property of a person enjoying full criminal immunity, including his or her
vehicle, may not be searched or seized. Such vehicles may not be impounded or “booted”
but may be towed the distance necessary to remove them from obstructing traffic or
endangering public safety. If a vehicle that is owned by a diplomat is suspected of being
stolen or used in the commission of a crime, occupants of the vehicle may be required to
present vehicle documentation to permit police verification of the vehicle’s status through
standard access to NLETS (use access code US). Should the vehicle prove to have been
stolen or to have been used by unauthorized persons in the commission of a crime, the
inviolability to which the vehicle would normally be entitled must be considered
temporarily suspended, and normal search of the vehicle and, if appropriate, its detention,
are permissible.
Vehicles registered to consular officials, including those with full criminal immunity,
and consulates are not inviolable and may be towed, impounded, or booted in accordance
with local
procedures. The U.S. Department of State should be notified if a consular vehicle has
been detained or impounded so that its Office of Foreign Missions can follow up with the
proper consular official or mission.
Foreign Nationals
In 1967, the United States ratified the Vienna Convention on Consular Relations.
Vienna Convention on Consular Relations, April 24, 1963, art. 36, 21 U.S.T. 77, T.I.A.S.
No. 6820. This treaty mandates that foreign nationals who are arrested or detained be
advised of their right to consult with members of their consulate or consular officials. In
some instances it is mandatory that the arresting or detaining authority notify the nearest
consular officials of the arrest or detention of the foreign national, regardless of the
national’s wishes. The provisions of this treaty must be applied to the arrest or detention
of foreign nationals who are signatories to the treaty regardless of whether the United
States extends diplomatic recognition to that nation, e.g., Cuba.
For purposes of consular notification, a foreign national is defined as any person who
is not a United States citizen. This includes resident aliens and foreign nationals illegally
in the United States. When a foreign national is arrested, officers should take the
following steps:
23 Determine the foreign national’s country. Normally, this is the country on whose
passport or other travel document the foreign national travels.
24 If the foreign national is from one of the countries with which the United States
has a bilateral agreement requiring
mandatory notification in the event of an arrest, the officer must immediately
notify the consulate or representative of the foreign national’s government.
0 If the foreign national is from a country with which the United States does not
have a bilateral agreement requiring mandatory notification, the officer must still offer
the arrestee the opportunity to have their consulate or interest section notified.
1 All foreign national arrestees must be afforded the option of consular notification,
regardless of whether the United States maintains diplomatic relations with their
countries. For example, if an Iraqi, Iranian or Cuban national is arrested, that arrestee
must be given the opportunity to have their respective interest sections in Washington,
D.C. notified.
2 Officers shall make written documentation of the notification of a consular
official if the foreign national is from a mandatory notification country. If the foreign
national is not from a mandatory notification country, the officer should document that
the foreign national was advised of his or her right to have a consular official notified,
and whether or not notification was made or refused by the foreign national.
3 Officers must realize that subjects still have to be advised of their Miranda rights
where appropriate. Advising foreign nationals of the right to have a consular official
notified of their arrest or detention, or the mandatory notification of a consular official,
must be done in addition to, and not as a substitute for, Miranda warnings.
Loitering or Prowling
General
Florida Statutes § 856.021
To prove loitering and prowling under section 856.021, Florida
Statutes , the State must show: 1) that the defendant loitered or
prowled in a place, at a time or in a manner not usual for lawabiding
individuals, and 2) that such loitering and prowling were under
circumstances that warrant a justifiable and reasonable alarm or
immediate concern for the safety of persons or property in the
vicinity. D.J.E. v. State
,
178 So.3d 78, 80 (Fla. 1st DCA 2015) . The
alarm is presumed if the defendant flees, conceals himself or any
object, or refuses to identify himself when law enforcement appears.
B.J. v. State , 951 So.2d 100, 102 (Fla. 4th DCA 2007)
.
To prove the first element, the State must establish that the defendant engaged in
incipient criminal behavior which lawabiding people do not usually engage in due to the
time, place, or manner of the conduct involved.
E.C. v. State
, 724 So.2d, 1243,
1244
(Fla. 4th DCA 1999) . A mere vaguely suspicious presence is insufficient to satisfy this
element. E.F. v. State
, 110 So.3d 101,
104 (Fla. 4th DCA 2013) In other words, the
defendant must engage in unusual and suspicious criminal conduct which comes close to,
but falls short of, actual commission or attempted commission of a substantive crime.
B.J. v. State ,
951 So.2d 100, 103 (Fla. 4th DCA 2007)
.
reasonably indicate that such a person has committed, is committing or is about to
commit a violation of the criminal laws of the state or a criminal ordinance of any
municipality or county.” Florida Statutes § 901.151.
Before making an arrest for loitering and prowling, consider the following:
0 If the information was received from a citizen, is it reliable (did the citizen
identify himself/herself; can the individual be contacted for additional details, etc…)?
1 Were both elements of the offense committed in your presence?
2 Did you advise the subject of his/her Miranda rights prior to questioning?
3 Did you afford the subject the opportunity to dispel any alarm or immediate
concern caused by the particular circumstances encountered?
BODYWORN CAMERAS
Pursuant to Florida Statutes Section 943.1718, exempts police bodyworn cameras
from the statutory prohibitions on interception of oral communications outlined in Florida
Statutes, Chapter 934, Security of Communications, surveillance. As a result, law
enforcement officers using bodyworn cameras as authorized by their agency are not
required to obtain consent of all parties to the communication prior to records.
Florida law requires that body-worn camera records be retained for a period of at least 90 days.
CHILD CUSTODY DISPUTES
Several scenarios present themselves to officers who are called to the scene of a child
custody dispute. Many factors must be taken into consideration by an officer prior to
making a decision in such a matter. The following is a synopsis of some of the more
frequently encountered situations when responding to a child custody dispute and
suggested courses of action for the officer.
No Court Ordered Custody / Married or Unmarried Parents—Officers may be
called to the scene where one parent is alleging that the other parent is attempting to
conceal the child from him or her, or flee the jurisdiction with the child. Even though
there is no court order determining rights to custody, § 787.03, Interference with
Custody, makes such an action a third degree felony.
If there is no court order determining custody, and one parent is attempting to leave
with the child, but not flee the jurisdiction, the responding officer should attempt to
maintain the status quo. That is, whoever has the child upon the officer’s arrival should
keep the child. When investigating such a case, the officer should ascertain the
destination of the parent who is leaving with the child so as to ensure that there is no
intended concealment of the child from the other parent which would violate § 787.03. It
is important to note that this statute does not apply to a parent who is the victim of any
act of domestic violence, believes that he or she is about to become a victim of an act of
domestic violence, or
believes that his or her action was necessary to preserve the child from danger to his or
her welfare and thereby seeks shelter from such acts or possible acts.
Court Ordered Custody / Married or Unmarried Parents— If one of the
parents has been awarded custody by a court order and the other parent is
attempting to conceal the child from the custodial parent or flee the jurisdiction
with the child, such concealing or removal contrary to the court order is a felony of
the third degree pursuant to § 787.04, Removing Minors from State or Concealing
Minors Contrary to State Agency Order or Court Order.
Child Custody Court Orders From Other States—An officer may not enforce a
court order issued by another state or jurisdiction unless the court order has been
domesticated, and a break order issued by a court in a MiamiDade County jurisdiction.
A domesticated order is evidenced by a signature of a MiamiDade County judge.
Conflicting Child Custody Court Orders From Different States—If one parent
has a court order from one state and the other parent has a conflicting order issued from a
local Florida court, the local order does not necessarily take precedence over the other
state’s order. Only one of the states can have jurisdiction and the responding officer
should maintain the status quo and contact the Police Legal Bureau for assistance.
“Break Orders”—If a respondent is refusing to release custody of a child pursuant to
a court order, the officer must have a break order to enter a structure to enforce the court
order. There can be no police enforcement unless there is a specific court order
directing the Department to take action coupled with a “break order” which
contains verbiage permitting law enforcement to use whatever force necessary to
gain access to the child(ren). Additionally, these orders do not authorize a party in
the custody dispute to commit any crimes, such as criminal mischief or trespass, to
obtain the child(ren). If a valid break order is presented and is to be executed by the
officer, the officer may seek the assistance of the MiamiDade Fire Department only
for the use of fire department equipment. MiamiDade Fire Department personnel
may not assist in executing the break order. Officers should contact the Police Legal
Bureau when presented with orders requesting police assistance in child custody
matters.
Leaving State With Child—It is a violation of § 787.04, Removing Minors
From State or Concealing Minors Contrary to State Agency Order or Court Order,
for a parent, whether custodial or noncustodial, to conceal the child from the other
parent or flee the state with the child in violation of a court order. However, if the
court order is silent as to whether a parent may take the child out of the state and a
parent leaves Florida with the child, it is probably a civil matter. The situation would
become a criminal offense only if investigation revealed that the circumstances and
destination indicated that parent and child would not be returning to the state and
their whereabouts were intended to remain unknown. Where a parent has been
awarded sole custody of a child and the other parent has no rights to the child,
including no visitation rights, the custodial parent is free to leave and travel or
relocate wherever he or she pleases.
Fleeing Jurisdiction With Child Via Ship Under United States or Foreign Flag
—Where the parent is fleeing the
jurisdiction with the child via a ship docked at the Port of Miami, regardless of whether
the ship is under a United States flag or foreign flag, a police officer has the authority to board
the ship to enforce a violation of state law. Additionally, the ship’s departure may be delayed
long enough to complete the investigation. This jurisdiction also extends to acts or omissions
occurring on a ship outside the jurisdiction of waters of the state under special circumstances
provided for in § 910.006, State Special Maritime Criminal Jurisdiction. This section also
provides that enforcement action be administered in a manner consistent with all other
federal laws and treaties, and with the cooperation of the master of the ship, if feasible. If a
crime occurs on the high seas, and the state chooses to exercise jurisdiction under § 910.006,
the Federal Bureau of Investigation should be contacted and advised of the circumstances of
the crime, as concurrent jurisdiction may possibly exist.
Domestic Violence Injunction—All provisions of a domestic violence
injunction are civil in nature except for those acts which violate § 741.31. The
violation by the respondent of a custody arrangement outlined in the
injunction will generally remain a civil matter unless one of the provisions in
§ 741.31 is violated in the process. If the officer determines that the
circumstances of the custody dispute are civil in nature, the officer should
maintain the status quo and document the incident on the appropriate report.
It is recommended that officers contact their agency legal advisor when presented
with a child custody order from a foreign country or with court orders from different
jurisdictions which are in apparent conflict with each other. Also, it is important that
officers closely review §§ 787.03787.04 prior to making an arrest pursuant to either
section because both contain knowledge and intent as elements of the crime. There are
exemptions from prosecution under these laws, some of which are briefly noted in
the paragraphs above.
CIVIL RIGHTS–FEDERAL LAW
Police Liability Under Federal Law
General
Whenever any individual interferes with another’s rights there is a possibility of civil
or criminal sanctions. The nature and extent of the protection that either the State or
Federal governments give to an individual’s rights is determined by statute and case law
of the particular jurisdiction.
The Federal law in this area has been termed “the Civil Rights Acts” but is actually
divided into two areas, civil and criminal, each with its own unique definitions.
Civil Action for Deprivation of Rights
Section 1983 of Title 42, U.S. Code
suit is entitled to recover such damages from a defendant who deprived him or her of his
or her civil rights.
“The only elements which need to be present in order to establish a claim for
damages under the Civil Rights Act are that the conduct complained of was engaged in
under color of state law, and that such conduct subjected the plaintiff to the deprivation of
rights, privileges, or immunities secured by the Constitution of the United States.”
Marshall v. Sawyer , 301 F.2d 639 (9th Cir. 1962)
.
If you act in your official capacity you are acting under color of state (or local) law,
and if your conduct results in the deprivation of any constitutionally guaranteed rights,
you could be liable not only for actual damages, but for punitive damages if the element
of malice is shown. Not only are improper acts committed under the color of law
actionable, but also any act pursuant to local custom or usage that deprives a person of
their federal constitutional rights.
You are not liable for those acts which are purely ministerial in nature, such as the
serving of warrants (search or arrest) pursuant to a court order unless you exceeded your
authority. If you arrest without probable cause, you could be liable. However, you will
not be held liable for enforcing any law that is later declared unconstitutional.
Even if the complainant was convicted in state court in connection with a
transgression (e.g., resisting arrest, burglary, or any crime incidental), this is not an
available defense which shields you from liability; defenses available are a matter of
Federal law and policy. States cannot create defenses to the
Federal Civil Rights Act. Good faith and probable cause are defenses under a charge of
false arrest brought under § 1983 and prevalent tort law.
The act complained of need not have been willfully committed for liability to attach,
nor is it necessary to prove specific intent to deprive the plaintiff of a federal right.
All causes of action arising out of § 1983 must be for those acts committed by the
officer under color of law, regulation, custom, or usage.
Conspiracy to Interfere with Civil Rights–Depriving Persons of Rights or Privileges
Section 1985 of Title 42, USC
0 “If two or more persons in any State or Territory conspire… for the purpose of
depriving, either directly or indirectly, any person or class of persons of the equal
protection of the laws, or of equal privileges and immunities under the laws…in any case
of conspiracy set forth in this section, if one or more persons engaged therein do, or cause
to be done, any act in furtherance of the object of such conspiracy, whereby another is
injured in his person or property, or deprived of having and exercising any right or
privilege of a citizen of the United States, the party so injured or deprived may have an
action for the recovery of damages, occasioned by such injury or deprivation, against any
one or more of the conspirators.”
This section deals with conspiracies to interfere with constitutionally guaranteed
rights. It differs from § 1983 in that it
sanctions conspiracies of either public officials or private persons. Conspiracy necessarily
involves two or more persons and a successful completion of the conspiracy is not
essential, but rather an overt act in furtherance of the conspiracy injuring a person or
depriving him or her of property or the exercise of any rights or privileges of a citizen of
the United States is compensable. There must also be an intentional or purposeful design
to deprive the citizen of any of his or her secured rights.
Criminal Liability
Section 242 of Title 18, USC
“Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully
subjects any person in any State, Territory, Commonwealth, Possession, or District to the
deprivation of any rights, privileges, or immunities secured or protected by the
Constitution or laws of the United States, or to different punishments, pains, or penalties,
on account of such person being an alien, or by reason of his color, or race, than are
prescribed for the punishment of citizens, shall be fined under this title or imprisoned not
more than one year, or both; and if bodily injury results from the acts committed in
violation of this section or if such acts include the use, attempted use, or threatened use of
a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not
more than ten years, or both; and if death results from the acts committed in violation of
this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual
abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be
fined under this title, or imprisoned for any term of years or for life, or both, or may be
sentenced to
death.”
Section 1983 is civil in nature and the remedies include money damages
(nominal, compensatory, and punitive), injunctions and declaratory judgments.
Title 18 deals with criminal sanctions for some of these same types of illegal
activities, and the courts read this section in conjunction with civil sanctions.
There are two ways you can be liable when your actions deprive a person of a right,
privilege, or immunity protected by the Constitution or laws of the United States:
0 If your actions are willful, i.e., you intentionally deprive somebody of his rights;
or
1 By willfully subjecting any person to a different punishment or penalty because
such person is an alien, or because of their race or color, other than is prescribed for the
punishment of citizens.
A violation of § 242 may subject the offender to a sentence of death, imprisonment, a
fine, or both imprisonment and a fine.
Examples of actionable deprivations under (1) above:
0 Arrest made without probable cause or an arrest warrant.
1 Illegal search and seizure.
2 Unlawful assault or battery.
3 Wrongful homicides.
In all of the above actions there must be an element of willfulness on the part of the
officer, but the fact that the defendant officer may not have been thinking in
constitutional terms is not material where his aim was not to enforce local law,
acts constitute a violation of the law. In the above example, the crime of burglary would not have been
committed absent intent. However, without legal authority, the crime of trespass occurred.
There are a number of special legal exceptions, exemptions, and defenses available in specific cases.
One example is a legally issued court order directing a law enforcement officer to search a designated
premise. Without permission or the authority of a judge, the entry of the premises, without the
permission of the owner, would constitute criminal trespass. The court order, therefore, is a legal
exception in this example.
The Controlled Substance Act is another special exception to the rule. There is a statutory provision
exempting law enforcement officers from prosecution for possession of a controlled substance when the
possession is part of a supervised investigation.
Therefore, any person or law enforcement officer who commits a prohibited act without a legal
exception, exemption or defense is subject to criminal prosecution.
If, in the course of an ongoing investigation, department members feel that activities that constitute
criminal violations are likely to occur, they should check with their supervisors and the Police Legal Bureau
for advice.
COST RECOVERY
COURT ORDERS
Recently officers in the field have been presented with legal documents upon arrival
at the scenes of landlord/tenant or child custody disputes. Officers have been asked to
take enforcement action with respect to these documents. These documents are usually
agreements drawn up between a landlord and tenant to delineate their rental agreement or
between parents delineating their custodial rights. Such documents are not court orders.
They are civil agreements which cannot be enforced by police officers.
Officers are reminded that they can only enforce court orders
that have been properly executed by Florida courts. However, this does
not apply to injunctions for protection from domestic violence.
Domestic violence injunctions issued by a foreign state must be
accorded full faith and credit by the courts of this State as is required
by federal law. See Section 741.315(2), Fla. Stat.
Additionally, officers are reminded that even when presented
with a valid Florida court order for child custody matters, the order
must contain “break order” language and/or other language
specifically authorizing law enforcement officers to take particular
action with respect to the matter. Typically, sample “break order”
language may read as follows: “Law enforcement officers are
authorized to use all necessary force to include breaking and
entering the residence located at [specific address is necessary here]
to remove the minor child and deliver said minor [minor’s name
stated here] to the custody of the Petitioner.” Additional information
regarding break orders can be found in this index under the topic of
“Child Custody Disputes.”
COURT PROCEDURES
Complaints–Misdemeanors
How a Citizen Can File a Misdemeanor Complaint
The complainant must appear in person at one of the offices of the State Attorney and
be prepared to give a statement and sign a complaint under oath. If a police report was
made, the report number should be given to the person taking the complaint at the State
Attorney’s Office at the time that the complaint is made.
Depositions
General
Department members should realize that when the department and/or individual
members are being sued, our attorneys must depose the officers concerned or any
witnesses involved in the action. When the officers are defendants, no subpoena is
necessary for their appearance at a deposition being conducted by our own attorneys. It is
in the interest of the officer to appear and render whatever assistance may be required to
the attorney representing the department.
If department personnel are subpoenaed by the plaintiff’s attorney, failure to appear
can result in the court imposing sanctions, such as striking any affirmative defenses, a
contempt of court charge and mandatory payment of expenses (attorney fees, cost of
court reporter, etc.). Failure to attend a deposition may subject departmental personnel to
disciplinary action by the department.
If a deposition will be inconvenient it can easily be postponed by phoning the
attorney asking for the deposition and arranging for a later time and date. Notice of
change is the police officer’s responsibility and must be given as far in advance as
possible.
At the Deposition
Officers who are giving a deposition should wait until they have been asked to
identify themselves for the reporter and, after giving their name and other pertinent
information, should state:
“I do not waive my right to read and sign this deposition.”
possession of a controlled substance, it is necessary to establish the existence of
the corpus delicti. Corpus delicti is the objective proof that a crime has been
committed. It is necessary that a Crime Lab Technician testify in court as to the
chemical composition of the contraband seized. Therefore, police officers should
ensure that the Crime Lab number or the name of the Crime Lab technician who ran
the chemical analysis is reported to the State Attorney’s Office prior to trial. This
will allow the State Attorney’s Office the opportunity to subpoena the lab technician.
Always bring marijuana to court for trial. Specifically, when you are subpoenaed to
attend a trial for possession of marijuana, you should have the evidence in your
possession prior to entering the courtroom.
Court Appearances
Many cases are dismissed because police officers do not appear in court. If an
officer is unable to appear as scheduled, he or she should make sure the State
Attorney’s Office is notified in sufficient time to seek a continuance.
Jury Duty
Pursuant to Florida Statutes § 40.013(2)(b), a sheriff or deputy sheriff is not eligible
to be a juror. Accordingly, all members of the department who are deputy sheriffs are
exempt from jury duty. Federal Court proceedings are different and law enforcement
officers are not automatically exempted from serving as Federal jurors.
In order to establish a uniform procedure for returning jury notices which have been
served on deputy sheriffs, any deputy
sheriff who receives a juror notice should promptly forward the same to Court Liaison. It
will be returned with an appropriate letter to the Clerk of Court indicating that the person
receiving the notice is a deputy sheriff and therefore, not eligible to serve as a juror.
This procedure will apply in both civil and criminal cases in Florida courts.
Subpoena Duces Tecum
Department members are advised that whenever they appear at depositions involving
a matter where either the State of Florida or MiamiDade County is a party and have with
them departmental records, said records shall not ordinarily be relinquished to opposing
counsel for inspection or copying. The use of such records should be limited to refreshing
the memory of the deponent.
The assistant state attorney, assistant county attorney, or other attorney appearing on
behalf of the State of Florida or MiamiDade County may consent to the production
and/or copying of departmental records. Under no circumstances are homicide reports or
reports pertaining to Internal Review investigations to be given to opposing counsel
without prior consultation with the Police Legal Bureau or other attorneys appearing on
behalf of MiamiDade County.
Opposing counsel should be advised to file appropriate motions for discovery and
production with the court having trial jurisdiction to obtain the original or copies of
departmental records.
Summons
Officers may be sued personally for damages arising out of the performance of their
duties. If the lawsuit is not answered properly within the required time, a default
judgment may be entered against the officer involved.
When a default judgment is entered as a result of the officer’s failure to give notice
regarding the lawsuit, the County is not required to indemnify the officers concerned.
This is because it was the officer’s negligence which prevented the County from
providing an Answer to the Summons and Complaint resulting in the default.
In order to be personally protected against civil suits arising out of the performance
of their duties, department members must forward any papers served upon them to the
Police Legal Bureau immediately for appropriate action. In addition, whenever there is a
followup of any kind, the Police Legal Bureau should be consulted.
Discovery Obligations
Once criminal charges have been filed against an individual, the State Attorney (and,
by extension, the police agency who brought the charges to the State Attorney’s Office)
is obligated to provide certain information to the defendant. Failure to comply with
discovery requirements may subject the State to a number of sanctions by the Court, from
the exclusion of evidence or testimony to the dismissal of charges.
The State’s first obligation in discovery is to provide the names
and addresses of all witnesses who have any information about the case. This includes
witnesses who will testify for the state and witnesses who will testify favorably for the
defendant (sometimes referred to as Brady material). In an auto theft case this includes
the owner of the vehicle and the person last in possession of the vehicle, if not the owner.
In a credit card fraud case, this includes the credit card holder. In a case involving
criminal use of personal identification information, this includes the person whose
personal information was used. In a check forgery case, it includes the bank account
holder, not just the bank teller who dealt with the defendant. All of these witnesses and
their contact information should be listed on the back of the pink copy of the arrest
affidavit, in addition to being included in the police report.
The State must also provide any written statements made by any witnesses on the
case. The term “statement” is specifically intended, by Rule 3.220 of the Florida Rules of
Criminal Procedure
, to include all police and investigative reports of any kind prepared
for and in conjunction with the case. The State must advise the defense of any tangible
papers or objects that were obtained from or belonged to the defendant. If any
information has been provided by a confidential informant, the State must disclose this.
The actual disclosure of the identity of the CI is something that would be decided by the
court at a later hearing; this is just an initial indication that a CI provided some
information in the case. If there has been electronic surveillance of the conversations or
premises of the defendant, the State must notify the defendant and provide any
documents relating to the surveillance. The State must also provide any documents
relating to search and seizure (e.g., search warrants, consent to search
forms) and reports or statements of any experts. The defense must be notified if the State
intends to use any tangible papers or objects that were not obtained from the defendant at
trial or in a hearing. Likewise, if there are any papers, objects or substances in the
possession of law enforcement that could be tested for DNA, the defense must be
notified.
A critical aspect of discovery is the prosecution’s obligation to advise the defense of
any statements made by a defendant or codefendant, whether oral, written or recorded.
This requirement is not limited only to inculpatory statements made by a defendant
(admissions or confessions), but includes any and all statements. “Statements” could be
the defendant’s explanation of what he or she says happened, their involvement or lack of
involvement in events that occurred, or perhaps a blanket denial of any involvement in
the crime. If a defendant’s statement is only oral and hasn’t been recorded in any way, the
State must provide a summary of the statement and provide the name of the person or
persons in whose presence the statement was made.
The State Attorney’s Office cannot turn over any of these required materials if they
are in the possession of the police agency and have not been provided. However, the
prosecution will be deemed to be in possession of (and know about), anything in the
police agency’s possession that is required to be turned over in discovery, and will be
held to account for anything that is not turned over. Therefore, it is imperative that all of
the required information be provided to the State Attorney’s Office at the time the case is
presented for prosecution or when the item is created or discovered, whichever occurs
first.
Testifying in Court
In a case tried by a jury, the jury is the trier of fact and decides the weight and
credibility of the evidence. At a bench trial, the judge performs these functions. A jury’s
or a judge’s decision as to the weight to be given to any particular evidence or the
credibility of any witness is controlled in large part by the demeanor of the witness
testifying. Absolute professionalism is the key and the following are some hints which
may affect the weight which the trier of fact will give your testimony:
0 Know your case. Complete familiarity with the facts of the case on which you are
testifying is a prime prerequisite. If you have read all your reports and are familiar with
the facts contained therein, defense counsel will be unable to confuse you on the facts in
your case. When an officer is unfamiliar with the case about which he is testifying, it is
usually apparent to the jury and the weight given to the officer’s testimony is thereby
diminished. If a question is asked by the defense attorney which you do not understand,
ask the attorney to repeat it or inform the court that you do not understand the question. If
you do not know the answer to the question, say so; do not try to bluff your way through
the question.
1 Personal appearance and attitude are very important and will affect the weight
given to your testimony by the jury. Employees should wear their police uniform, or
nonuniform attire of conservative color and design. When testifying do not chew gum or
fidget in your seat. Never be sarcastic or hostile when asked questions by the defense
attorney. You are impartial and are testifying as a disinterested witness whose sole
purpose is to help the trier of fact (jury) ascertain the truth. Always speak and act
with respect to the defense attorney and the court.
5888 Never lose self control or allow yourself to be badgered by the defense
attorney. Badgering is a common tactic used by defense lawyers to make the officer
appear aggressive and antagonistic. This takes the jury’s mind off the issues of the case.
If the defense attorney starts to scream at you, always maintain normal modulation in
your voice. The jury will be very quick to recognize the aggressor and their sympathy
will be with you.
5889 Always direct your attention to the person asking the question. When
answering, speak loudly and clearly and direct your answers back toward the jurors in a
jury trial, or toward the judge in a bench trial. When an objection is made, stop talking
and wait until the court rules on the objection. Never try to slip an answer in before the
court has made its ruling.
5890 Never volunteer information outside or beyond the answer to the question
that is asked of you. All you would be doing is providing the defense attorney with
additional material with which he can crossexamine you. Do not use slang or jargon
which the jury may not understand. Remember, you are a professional who is merely
trying to assist in finding the truth.
DNA SAMPLES TAKEN FROM ARRESTEES
In King
King,, the defendant was arrested on first and seconddegree assault
charges. After arrest, the defendant was placed in a Maryland facility and all
routine booking procedures associated with arrestees involved in violent crimes
were completed. This procedure also included taking a DNA mouth swab. The
results of the DNA swab were found to match DNA taken from a rape victim.
The defendant filed a motion to suppress, arguing that the Maryland DNA
collection law violated the Fourth
Fourth Amendment
Amendment.. The Maryland Court of
Appeals held that DNA identification of arrestees is impermissible and the U.S.
Supreme Court granted certiorari. In a 54 decision, the Supreme Court of the
United States reversed the ruling and held that DNA taken from the
United States reversed the ruling and held that DNA taken from the defendant defendant
was a lawful seizure, in compliance with the Fourth
Fourth Amendment ..
The Court listed four reasons supporting reversal: First, the Court considered DNA
testing a critical element in identifying an arrestee. The Court found DNA testing was
unmatched in identifying arrestees. “It is a common occurrence that people detained for
minor offenses can turn out to be the most devious and dangerous criminals.” King King, p.
, p.
1971. Accordingly, the Court found that DNA is similar to fingerprinting or
photographing an arrestee, which are all used for the identification of an arrestee. Second,
the Court also found DNA testing to be a useful resource for law enforcement to “know
the type of person who they are detaining.” Id.Id., p. 1964. Such knowledge allows law
, p. 1964. Such knowledge allows law
enforcement the ability to identify arrestees with prior violent or serious offenses, and act
accordingly. Third, the Court considered DNA testing as a future way to prevent risks to
law enforcement and society. Fourth, the Court considered DNA testing crucial for
arrestees with past history for committing violent or serious offenses. DNA testing may allow courts and
law enforcement to easily make an assessment of the dangerousness of an arrestee and determine what
legal actions need to be taken from there ( e.g., denying bond to arrestees that have proven to be
dangerous in the past).
The ruling in King, however, does not change current Florida DNA collection laws.
King approved, but did not mandate, the taking of DNA samples from those arrested for
serious or violent crimes.
DOG ALERTS
In Florida v. Jardines, the United States Supreme Court ruled that, although a police
officer may enter the curtilage of a house and knock on a front door like any private
citizen, the officer must first obtain a warrant to use a drugsniffing dog on the front
porch or curtilage of a home.
In Jardines, 133 S. Ct. 1409 (2013), the MiamiDade Police Department received a
Crime Stoppers tip that the home of Jardines was being used to grow marijuana. One
month later, a police detective went to the residence and observed that: there were no
vehicles in the driveway; the window blinds were closed with no activity inside the
house; and the air conditioning unit had been running constantly without switching off.
According to the detective in the case, in a hydroponics lab for growing marijuana, high
intensity light bulbs are used, which create heat. This causes the air conditioning unit to
run continuously without cycling off. Based on the aforementioned circumstances, a drug
detectiondog
was called to the scene to sniff the front door of the residence. The dog
positively alerted to the odor of narcotics. The detective then went up to the front
door for the first time and smelled marijuana. Consequently, the detective prepared
an affidavit and applied for a search warrant, which was issued by a magistrate. A
subsequent search confirmed that marijuana was being grown inside the home and
the defendant, Jardines, was arrested.
The United States Supreme Court based its decision in Jardines on the fact that
a police officer entered the curtilage and, thus, entered the private property of the
defendant with a drugsniffing dog. The Court observed that while license, invitation,
or permission traditionally exists for wanted or unwanted visitors to enter the
curtilage of a home to knock on the front door, to see a visitor “exploring the front
path with a metal detector or marching his bloodhound into the garden … would
inspire most of us towell, call the police.”
Jardines follows the reliance on the traditional notion of property rights recently
,
delineated in U.S. v. Jones 132 S. Ct. 945 (2012)
, in which the United States Supreme
Court found that law enforcement could not trespass on the property of a vehicle to place
a GPS tracking device without getting a [timely] warrant. The Court also discussed Kyllo
v. United States, in which the government, while committing no physical trespass, used
Kyllo v. United
a thermalimaging device to detect heat emanating from a private home.
States ,
533 U.S. 27, 121 S. Ct. 2038, 150 L.Ed.2d 94 (2001)
. In that case, the Court held
that the surveillance of a home is a search where “the Government uses a device that is
not in the general public use” to “explore details of the home that would previously have
been unknowable without
physical intrusion,” even when the government agent utilizes the device from a location
the agent could lawfully be. Likewise, in the Jardines case, although the government
agent could enter the curtilage like any private citizen, the use of a drug
detection dog is akin to an instrument not available to the general public and,
therefore, could not be used to explore details of the home otherwise
unknowable.
In another dog alert case, on February 19, 2013, the United States Supreme
Court reversed the Florida Supreme Court’s holding in Florida v. Harris,
ruling that the reliability of a drugdetection dog is based on whether all of the
facts surrounding the dog’s alert, viewed through the “lens of common sense,”
would make a reasonably prudent person think that the search would reveal
contraband or evidence of a crime. Florida v. Harris ,
133 S. Ct. 1050, 1058
(2013) . A court must make this evaluation based on the totality of
circumstances, rather than on rigid rules or brightline tests.
The facts of Harris are as follows: during a routine traffic stop for an expired license
plate, defendant Harris appeared nervous, was shaking, unable to sit still, breathing
rapidly, and had an open beer can. When Harris refused consent for a search of his truck,
the law enforcement officer retrieved his trained drugdetection dog for a “free air sniff.”
The dog alerted to the driver’s side door handle. Although a subsequent search of the
truck did not reveal the drugs for which the dog alerted, a significant amount of
methamphetamine ingredients were found. Harris was arrested.
While on bail, Harris was again stopped by the same officer for a broken tail light.
Once again, the dog alerted to the driver’s side door handle. This time, the search did not
reveal any drugs.
At a motion to suppress the evidence found during the first stop, neither the training
of the dog nor officer was an issue. Instead, defense counsel focused on the dog’s
certification and field performance, particularly in light of the dog’s alert during the
second stop, which did not reveal any drugs.
The trial court found that there was probable cause for the search and denied the
motion to suppress. Although the District Court of Appeals affirmed the trial court, the
Florida Supreme Court reversed, holding that the alert of a trained and certified drug
detection dog “is simply not enough” to constitute probable cause to search. The Florida
Supreme Court further required significantly more specific evidence, including,
particularly, the dog’s performance history in order to establish the reliability of the dog’s
alert as the basis for a probable cause search.
The United States Supreme Court found that the Florida Supreme Court’s opinion
had created a strict evidentiary checklist that was inconsistent with the “flexible, common
sense standard” of probable cause.
Harris , p. 1053 (citing
Illinois v. Gates , 462
U.S.
213,239, 103 S. Ct. 2317, 76 L.Ed.2d 527 (1983)) . In reversing the Florida Supreme
Court, the United States Supreme Court stressed that, in order to determine whether all
the facts regarding the dog’s alert would make a reasonably prudent person believe that
contraband or evidence of a crime was present, a court must simply consider the totality
of the circumstances.
Therefore, a dog’s certification or successful completion in a training program that
evaluates its proficiency in locating drugs can be, subject to any conflicting evidence,
sufficient to consider the dog’s alert as probable cause to search. Courts should evaluate
all proffered evidence to determine the circumstances constituting the basis of the alert’s
reliability. As the Court also noted, “[A] sniff is up to snuff when it meets that test.” Id.,
p. 1058.
Thus, to facilitate determination of the “totality of circumstances,” it is imperative to
document all circumstances surrounding a search, as well as maintain all records
regarding a drugdetection dog in accordance with department policy.
DOG SNIFFS DURING TRAFFIC STOPS
On April 21, 2015, the United States Supreme Court decided Rodriguez v. United
States, 135 S. Ct. 1609 (2015), holding that, without reasonable suspicion, the Fourth
Amendment prohibits police from prolonging a traffic stop to conduct a dog sniff.
In Rodriguez, an officer stopped the defendant after his vehicle swerved onto the
shoulder of a highway, in violation of state law. After checking Rodriguez’s driver’s
license, completing a records check, and issuing a warning ticket for driving on the
shoulder, the officer asked Rodriguez for permission to walk his narcotics dog around the
car; however, Rodriguez refused. The officer then instructed Rodriguez to exit the vehicle
and wait until a second officer arrived. That second officer arrived seven or eight minutes
later, at which time the first officer walked his dog around the vehicle and the dog
indicated the presence of drugs. As a result, the officers searched the vehicle and found a
large bag of methamphetamines inside.
Rodriguez was indicted on federal drug charges and moved to suppress the evidence
seized from the vehicle on the ground that
the police had prolonged the traffic stop, without reasonable suspicion, in order to
conduct the dog sniff.
The case was appealed up through the Supreme Court. The Supreme Court held that
police may detain someone in a traffic stop only as long as necessary to address the
traffic violation that justified the stop. “Authority for the seizure thus ends when tasks
tied to the traffic infraction are — or reasonably should have been — completed.”
Rodriguez, p. 1611.
Officers, however, may routinely check the driver’s license and insurance coverage,
and determine whether there are outstanding warrants against the driver since these
checks serve the same objective as enforcement of the traffic code — ensuring that
vehicles on the road are operated safely and reasonably. A warrant check makes it
possible to determine whether the apparent traffic violator is wanted for one or more
previous traffic offenses. Rodriguez, p. 1620.
As a result of this case, officers must not prolong a traffic stop for the purpose of
calling a drug dog, absent reasonable suspicion that illegal drugs are located inside the
vehicle. Officers are also reminded that they must be able to articulate their reasonable
suspicion on their police reports.
DOMESTIC VIOLENCE
Enforcement of Injunctions
Florida Statutes allow warrantless arrests when a police officer has probable cause to
believe that a person has committed an act
of domestic violence in violation of an injunction for protection against domestic
violence. “Domestic violence” means any assault, aggravated assault, battery, aggravated
battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false
imprisonment, or any criminal offense resulting in physical injury or death of one family
or household member by another who is or was residing in the same single dwelling unit.
§ 741.28(2), Fla. Stat.
In order for an arrest to be made, the police officer must ensure that the respondent
was properly served with the domestic violence injunction. In MiamiDade County, after
business hours and on weekends and holidays, officers can verify the validity and service
of an injunction by calling the MiamiDade Police Department Warrants Bureau. Since §
741.30 and § 901.15(6) and
0 are the enabling statutes, the statute number to be used on the arrest affidavit is §
741.31, a firstdegree misdemeanor. If no arrest is made, the officer must still advise any
victim of alleged domestic violence of the existence of a domestic violence center,
provide a copy of the F.D.L.E. notice of rights and remedies, and make a written police
report. See also
§ 901.15(6); § 901.15(7),
Fla. Stat.
Recognition of Foreign Protection Orders–§ 741.315, Fla.
Stat.
Federal law requires that injunctions for protection from domestic violence issued by
a foreign state must be accorded full faith and credit by the courts of this state. Law
enforcement officers in the State of Florida must enforce the injunctions as if they were
issued by a Florida court. A law enforcement officer
who receives a valid injunction for protection from domestic violence from another
state must serve that order on the respondent if the respondent has not yet been served,
and once it has been served, enforce all of its terms, except those relating to child
custody, visitation and support. In order for the provisions regarding child custody,
visitation and support to be enforced by the law enforcement officer, the petitioner must
have the foreign order domesticated. A “pickup order” or “order of bodily attachment”
may be enforced without domesticating the foreign order.
Before enforcing a foreign protection order, the law enforcement officer should
confirm the identities of the parties and review the order on its face to ensure that the
order has not expired. Full faith and credit does not condition enforcement of the foreign
protection order upon presenting the law enforcement officer with a certified or true copy
of the foreign protection order.
Prior to enforcing the foreign order for protection, the law enforcement officer must
use reasonable efforts to verify that the respondent has been served. Ways that service
may be verified include:
0 The petitioner states under oath that, to the best of the petitioner’s knowledge, the
respondent was served with the order of protection because the petitioner was present at
the time of service; the respondent told the petitioner that he or she was served; another
named person told the petitioner that the respondent was served; or the respondent told
the petitioner that he or she knows of the content of the order and the date of the return
hearing.
0 The respondent states under oath that he or she was or was not served with the
order.
Foreign orders for protection are valid for the period stated on the face of the order.
The absence of an expiration date is understood to mean that the order is valid and
enforceable until modified by the court.
It is a misdemeanor of the first degree for a person acting under
0 741.315 to intentionally provide to a law enforcement officer a foreign order for
protection knowing that such order is false or invalid, or to deny having been served with
such an order when that person has, in fact, been served.
DUI CHECKPOINTS – DRIVER’S REFUSAL TO OPEN WINDOW/DOOR
Recently, some incidents at roadside DUI checkpoints in Florida have sparked social
media discussions. The incidents involve a number of drivers driving up to a DUI
checkpoint and refusing to roll down their windows, open their doors, or even speak to
police officers. Additionally, these drivers are simply placing their driver’s license and
registration on the driverside window, along with the following, or similar, sign:
In light of these recent events, officers can lawfully order individuals at a roadside
checkpoint to open their window/door to present their driver’s license, registration, and
proof of insurance for inspection to ensure that each complies with Florida law. A driver
who fails to respond to an officer’s request for this documentation may be charged with
the offense of obstructing or opposing an officer. As always, officers should use their
discretion and consider issuing a warning before making any such arrest.
Officers can also lawfully order an individual to sign a citation for infractions
requiring a mandatory hearing (e.g., infraction that results in a crash that causes the death
or serious bodily injury of another, speeding in excess of 30 mph or more above the
speed limit, etc.) or any other criminal traffic violation pursuant to Chapter 316. If the
violation is not one of the violations specifically listed in Section 318.14(2), the
driver/individual cited does not have to sign the citation.
If police officers observe behavior that gives rise to reasonable suspicion that the
driver is impaired or otherwise involved in criminal activity, officers could lawfully and
reasonably conduct an investigation by requesting the individual to open the window or
step out of the vehicle.
ELECTIONS ISSUES
Can a Police Officer Be in a Polling Place During Voting Hours?
Police officers cannot be in a polling place except to vote or with the permission of
the precinct clerk. § 102.101, Fla. Stat.
Can the Media Be in a Polling Place During Voting Hours?
The media cannot be inside the polling place during voting hours. Members of the
media, along with their cameras, are permitted to be inside the polls to observe before the
polls open and again after they close. It is also an Elections Department policy to allow
media to stand in the doorway of a precinct and film voters voting, as long as ingress and
egress is not being obstructed by their presence and they don’t try to interview voters.
How Far From the Polling Place Must People Who Are Soliciting (e.g. Media
Conducting Exit Polls, Campaign Supporters Carrying Signs or Handing Out
Leaflets) Remain?
Florida Statutes Section 102.031(4)(a) mandates that voters may not be solicited
inside the polling place or within 100 feet of the polling place. The clerk or supervisor
shall designate the nosolicitation zone and mark the boundaries. NOTE: Exit
polling activities are EXEMPT from this rule pursuant to the ruling in
CBS
Broadcasting, Inc. v. Cobb, 470 F.Supp.2d 1365 (S.D. Fla. 2006) . Exitpolling
activities are permitted outside of the polling place. The term “exit poll” refers to the
collecting of data from a random sample of voters at a sample of polling places on
election day. Id. p. 1367.
Is Photography Permitted in the Polling Room or Early Voting Area?
No; photography is prohibited in the polling room or early voting area. § 102.031(5),
Fla. Stat.
Who is in Charge of a Precinct?
By statute, the Precinct Clerk is in charge over the Assistant Clerk, Poll workers, Poll
Inspectors, and Poll Deputy. Further, the Precinct Clerk is the person who makes
decisions regarding the precinct operations.
Can There Be Observers or Monitors in the Polling Place During the Time the Polls
Are Open?
Official poll watchers may be inside a polling room during voting hours. § 101.131,
Fla. Stat. Poll watchers may not interact with voters. A political committee formed for
the specific purpose of expressly advocating the passage or defeat of an issue on the
ballot, each political party, and each candidate may have one watcher in each polling
room or early voting area at one time during the election. To become an official poll
watcher, each political committee, each party and each candidate requesting poll
watchers must designate in writing, two weeks before the election, the names of their poll
watchers. The Supervisor of Elections must approve all poll watchers 7 days before early
voting begins and each precinct receives a list of the designated and approved poll
watchers for that precinct. Police officers, even when offduty, cannot be designated as
poll watchers.
Can Officers Who Ordinarily Work in a Building (e.g. Stephen P. Clark
Government Center) Remain There During Voting Hours When the Building is
Also Being Used as a Voting Precinct?
Officers can still work in the building, but should not be anywhere near the area
where the voting is taking place.
Does a Poll Deputy Have Arrest Powers?
A Poll Deputy is appointed as a special deputy sheriff on election day for the purpose
of maintaining order at the polls. However, a Poll Deputy has no arrest powers.
In Case of an Emergency Where the Polling Place Becomes Unavailable (e.g. There
is a Building Fire During the Time the Polls are Open), Can the Polling Flace be
Moved?
The Elections Supervisor must designate a new polling place and shall post a notice
at the old polling place advising the voters
of the new location. § 101.71(3), Fla. Stat.
Are Documents Regarding the Election and Election Procedures Public Record?
ELEMENTS OF OFFENSES
The following section includes outlines which list elements of various state offenses.
These outlines were developed from those elements listed in the Florida Standard Jury
Instructions for Criminal Cases. Facts establishing each of these elements must be
included in the arrest affidavit and proven later in court during the prosecution of the
defendant.
In the sections in the outlines with the parentheses ( ), the name of the defendant,
victim, alleged crime, property description, controlled substance, etc., should be entered
or used as applicable. Venue, the fact that the criminal offense occurred in a specified
county in order to prove jurisdiction, must always be alleged and proven. Because venue
is a required element for every offense, it is not separately listed in the outlines.
To prove the crimes listed in this section, the State must prove the following
elements beyond a reasonable doubt:
ASSAULT, § 784.011, Fla. Stat.
5888 (Defendant) intentionally and unlawfully threatened, either by word or
act, to do violence to (victim).
0 At the time (defendant) appeared to have the ability to carry out the threat.
1 The act of (defendant) created in the mind of (victim) a wellfounded fear that the
violence was about to take place.
ASSAULT OF LAW ENFORCEMENT OFFICER, ETC., §
784.07, Fla. Stat.
0 (Defendant) intentionally and unlawfully threatened, either by word or act, to do
violence to (victim).
1 At the time, (defendant) appeared to have the ability to carry out the threat.
2 The act of (defendant) created in the mind of (victim) a wellfounded fear that the
violence was about to take place.
3 (Victim) was at the time a (law enforcement officer, etc.)
4 (Defendant) knew (victim) was a (law enforcement officer,
etc.)
5 At the time of the assault (victim) was engaged in the lawful performance of his
or her duties.
AGGRAVATED ASSAULT, § 784.021, Fla. Stat.
0 (Defendant) intentionally and unlawfully threatened, either by word or act, to do
violence to (victim).
1 At the time (defendant) appeared to have the ability to carry out the threat.
23 The act of (defendant) created in the mind of (victim) a wellfounded fear that the
violence was about to take place.
Give 4a or 4b as applicable.
4.a. The assault was made with a deadly weapon.
b. The assault was made with a fully formed, conscious intent to commit (charged
crime) upon (victim).
If the circumstances were such as to ordinarily induce a wellfounded fear in the
mind of a reasonable person, then the victim may be found to have been in fear, and
actual fear on the part of the actual victim need not be shown.
If 4.a. is alleged, it is not necessary for the State to prove that the defendant had an
intent to kill.
A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely
to produce death or great bodily harm.
AGGRAVATED BATTERY, § 784.045, Fla. Stat.
1.a. (Defendant) intentionally touched or struck (victim) against his or her will; or
b. (Defendant) intentionally caused bodily harm to (victim).
2.a. (Defendant) in committing the battery knowingly or intentionally caused
23 great bodily harm to (victim); or
24 permanent disability to (victim); or
25 permanent disfigurement to (victim); or
b.(Defendant) in committing the battery used a deadly weapon.
A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely
to produce death or great bodily harm.
AGGRAVATED BATTERY (Pregnant Victim), § 784.045,
Fla. Stat.
25 (Defendant) in committing the battery knew or should have known that (victim)
was pregnant.
BATTERY, § 784.03, Fla. Stat.
1.a. (Defendant) intentionally touched or struck (victim) against his or her will; or
b. (Defendant) intentionally caused bodily harm to (victim).
FELONY BATTERY, § 784.041, Fla. Stat.
0 (Defendant) actually and intentionally touched or struck (victim) against [his]
[her] will; and
1 (Defendant) caused (victim) great bodily harm, permanent disability, or
permanent disfigurement.
BATTERY OF LAW ENFORCEMENT OFFICER, ETC., §
784.07, Fla. Stat.
1. (Defendant) intentionally
a. touched or struck (victim) against his or her will; or b. caused
bodily harm to (victim)
0 (Victim) was a (law enforcement officer, etc.)
1 (Defendant) knew (victim) was a (law enforcement officer,
etc.)
2 (Victim) was engaged in the lawful performance of his or her duties when the
battery was committed against him or her.
BURGLARY, § 810.02, Fla.
Stat.
0 (Defendant) entered a [structure] [conveyance] owned by or in the possession of
(person alleged).
1 At the time of entering the [structure] [conveyance], (defendant) had the intent to
commit [(the crime alleged)] [an offense other than burglary or trespass] in that
[structure] [conveyance].
The offense intended cannot be trespass or burglary.
Element 3 only applies if defendant meets his or her burden of production that he or
she had an invitation or license to enter, or that the premises were open to the public.
See State v. Hicks, 421 So. 2d 510 (Fla. 1982)
, and
State v. Waters, 436 So. 2d 66 (Fla.
1983).
0 [(Defendant) was not [licensed] [invited] to enter the [structure] [conveyance].]
[The premises were not open to the public at the time of the entering.]
NOTE:
23 If the [license] [invitation] to enter was obtained by (defendant’s) trick or fraud or
deceit, then the [license] [invitation] to enter was not valid.
24 If (defendant) entered premises that were open to the public, but then entered an
area of the premises that [he] [she] knew or should have known was not open to
the public, (defendant) committed a burglary if [he] [she] entered that nonpublic
area with the intent to commit [(the crime alleged)] [an offense other than
burglary or trespass] in that nonpublic area.
25The jury may infer that (defendant) had the intent to commit a crime inside a
[structure] [conveyance] if the [entering] [attempted entering] of the [structure]
[conveyance] was done stealthily and without the consent of the owner or
occupant.
26 The entry necessary need not be the whole body of the defendant. It is sufficient
if the defendant, with the intent to commit a crime, extends any part of [his] [her]
body into the [structure] [conveyance].
Jury Instructions given if the information or indictment charges remaining with
the intent to commit an offense:
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Proof of possession of stolen property.
Proof of possession by an accused of property recently stolen by means of a burglary,
unless satisfactorily explained, may justify a conviction of burglary if the circumstances
of the burglary and of the possession of the stolen property convince you beyond a
reasonable doubt that the defendant committed the burglary.
Definitions:
23 810.011(1), Fla. Stat.
“Structure” means any building of any kind, either temporary or permanent, that has
a roof over it, and the enclosed space of ground and outbuildings immediately
surrounding that structure.
23 810.011(3), Fla. Stat.
“Conveyance” means any motor vehicle, ship, vessel, railroad car, trailer, aircraft or
sleeping car; and to enter a conveyance includes taking apart any portion of the
conveyance.
Burglary enhancements:
With an assault.
If the jury finds the (defendant) guilty of burglary, they must also determine if the
State has proved beyond a reasonable doubt whether, in the course of committing the
burglary, (defendant) assaulted any person. An assault is an intentional and unlawful
threat, either by word or act, to do violence to another, at a time when the defendant
appeared to have the ability to carry out the threat and [his] [her] act created a well
founded fear in the other person that the violence was about to take place.
With a battery.
If the jury finds (defendant) guilty of burglary, they must also determine if the State
has proved beyond a reasonable doubt whether, in the course of committing the burglary,
(defendant) battered any person. A battery is an actual and intentional touching or
striking of another person against that person’s will or the intentional causing of bodily
harm to another person.
While armed.
If the jury finds (defendant) guilty of burglary, they must also determine if the State
has proved beyond a reasonable doubt whether, in the course of committing the burglary,
(defendant) was armed or armed [himself] [herself] within the [structure] [conveyance]
with [explosives] [a dangerous weapon].
Definitions .
If the jury finds (defendant) guilty of burglary, they must also determine if the State
has proved beyond a reasonable doubt whether the [structure] [conveyance] [entered]
[remained in] was a dwelling.
Definitions. As applicable.
“Dwelling” means a building [or conveyance] of any kind, whether such building [or
conveyance] is temporary or permanent, mobile or immobile, which has a roof over it and
is designed to be occupied by people lodging therein at night, together with the enclosed
space of ground and outbuildings immediately surrounding it. For purposes of burglary, a
“dwelling” includes an attached porch or attached garage.
Human being in structure or conveyance.
If the jury finds (defendant) guilty of burglary, they must also determine if the State
has proved beyond a reasonable doubt whether, in the course of committing the burglary,
there was another human being in the [structure] [conveyance], at the time [he] [she]
[entered] [remained in] the [structure] [conveyance].
Offense intended is theft of a controlled substance.
If the jury finds (defendant) guilty of burglary, they must also determine whether the
State has proved beyond a reasonable
doubt that the offense intended to be committed therein was theft of a controlled
substance. Pursuant to Florida law, (name of controlled substance) is a controlled
substance. A theft occurs when a person knowingly and unlawfully obtains or uses or
endeavors to obtain or use the property of the victim and does so with the intent to,
either temporarily or permanently, deprive the victim of his or her right to the
property or any benefit from it or to appropriate the property of the victim to his or
her own use or to the use of any person not entitled to it.
Dwelling or structure with use of motor vehicle or damage.
If the jury finds (defendant) guilty of burglary, they must also determine if the State
has proved beyond a reasonable doubt whether, in the course of committing the burglary,
(defendant) entered a [dwelling] [structure] and
23 used a motor vehicle as an instrumentality, other than merely as a getaway
vehicle, to assist in committing the offense, and thereby damaged the [dwelling]
[structure].
or
0 caused damage to the [dwelling] [structure] [property within the [dwelling]
[structure]], in excess of $1,000.
Authorized emergency vehicle.
If the jury finds (defendant) guilty of burglary, they must also determine if the State
has proved beyond a reasonable doubt whether the conveyance [entered] [remained in]
was an authorized emergency vehicle.
Definitions: See § 316.003, Fla. Stat.
An “authorized emergency vehicle” is a vehicle of the fire department
(fire patrol), police vehicles, and such ambulances and emergency vehicles of
municipal departments, public service corporations operated by private
corporations, the Department of Environmental Protection, the Department of
Health, the Department of Transportation, and the Department of Corrections
as are designated or authorized by their respective department or the chief of
police of an incorporated city or any sheriff of a county.
State of emergency.
The definitions of structure, dwelling, and conveyance are different for counties
where a state of emergency has been declared under chapter 252. See § 810.011(1), (2),
and (3), Fla. Stat.
If the jury finds (defendant) guilty of burglary, they must also determine if the State
has proved beyond a reasonable doubt whether
23 the burglary was committed within a county that was subject to a state of
emergency that had been declared by the governor under chapter 252, the “State
Emergency Management Act,”
and
23 the perpetration of the burglary was facilitated by conditions arising from the
emergency.
Definitions:
The term “conditions arising from the emergency” means civil unrest, power
outages, curfews, voluntary or mandatory
evacuations, or a reduction in the presence of or response time for first responders or
homeland security personnel.
§ 810.011(4), Fla. Stat.
An act is committed “in the course of committing” if it occurs in the attempt to
commit the offense or in flight after the attempt or commission.
CARRYING A CONCEALED [WEAPON] [FIREARM], §
790.01, Fla. Stat.
23 (Defendant) knowingly carried on or about [his] [her] person [a firearm] [a
weapon] [an electric weapon or device].
24 The [firearm] [weapon] [electric weapon or device] was concealed from the
ordinary sight of another person.
Ensor v. State, 403 So. 2d 349 (Fla. 1981) ; Dorelus v. State, 747 So. 2d 368 (Fla.
1999) .
The term “on or about [his] [her] person” means physically on the person or
readily accessible to [him] [her].
The term “ordinary sight of another person” means the casual and ordinary
observation of another in the normal associations of life. A [firearm] [weapon] need not
be completely hidden for you to find that it was concealed. However, a [firearm]
[weapon] is not concealed if, although not fully exposed, its status as a [firearm]
[weapon] is detectable by ordinary observation.
Definitions. As applicable. § 790.001, Fla. Stat.
A “concealed weapon” means any dirk, metallic knuckles, slungshot, billie, tear gas
gun, chemical weapon or device, or
other deadly weapon carried on or about a person in such manner as to conceal the
weapon from the ordinary sight of another person.
0 v. State, 826 So. 2d 465 (Fla. 5th DCA 2002) ; Cook v. Crosby, 914 So. 2d 490
(Fla. 1st DCA 2005) .
A “deadly weapon” is any instrument which will likely cause death or great bodily
harm when used in the ordinary and usual manner contemplated by its design and
construction. An object can be a deadly weapon if its sole modern use is to cause great
bodily harm. An object not designed for use as a weapon may nonetheless be a deadly
weapon if its use, intended use, or threatened use by the defendant was in a manner likely
to inflict death or great bodily harm.
“Electric weapon or device” means any device which, through the application or
use of electrical current, is designed, redesigned, used, or intended to be used for
offensive or defensive purposes, the destruction of life, or the infliction of injury.
A “firearm” means any weapon [including a starter gun] which will, is designed to,
or may readily be converted to expel a projectile by the action of an explosive; [the frame
or receiver of any such weapon;] [any firearm muffler or firearm silencer;] [any
destructive device;] [any machine gun]. [The term “firearm” does not include an antique
firearm unless the antique firearm is used in the commission of a crime. An antique
firearm is (insert definition in 790.001(1), Fla. Stat.] [A destructive device is (insert
definition in § 790.001(4), Fla. Stat.]
CRIMINAL MISCHIEF, § 806.13(1)(2), Fla. Stat.
0 (Defendant) injured or damaged [real] [personal] property.
1 The property injured or damaged belonged to (person alleged).
2 The injury or damage was done willfully and maliciously.
NOTE: Among the means by which property can be injured or damaged under the
law is the placement of graffiti on it or other acts of vandalism to it.
Definitions:
“Willfully” means intentionally, knowingly, and purposely.
“Maliciously” means wrongfully, intentionally, without legal justification or excuse,
and with the knowledge that injury or damage will or may be caused to another person or
the property of another person.
DEALING IN STOLEN PROPERTY
(FENCING), §
812.019(1), Fla. Stat.
0 (Defendant) [trafficked in] [endeavored to traffic in] (property alleged).
1 (Defendant) knew or should have known that (property alleged) was stolen.
INFERERENCES:
23 Proof of possession of recently stolen property, unless satisfactorily explained,
gives rise to an inference that the person in possession of the property knew or
should have known that the property had been stolen.
§ 812.022(2), Fla. Stat.
768 Proof of the purchase or sale of stolen property at a price substantially
below the fair market value, unless satisfactorily explained, gives rise to an
inference that the person buying or selling the property knew or should have
known that the property had been stolen. § 812.022(3), Fla. Stat.
769 Proof of the purchase or sale of stolen property by a dealer in property, out
of the regular course of business or without the usual indicia of ownership other
than mere possession, unless satisfactorily explained, gives rise to an inference
that the person buying or selling the property knew or should have known that it
had been stolen. § 812.022(4), Fla. Stat.
770 Proof that a dealer who regularly deals in used property possesses stolen
property, upon which a name and phone number of a person other than the offeror
of the property are conspicuously displayed, gives rise to an inference that the
dealer possessing the property knew or should have known that the property was
stolen. § 812.022(5), Fla. Stat.
771 Proof that a person was in possession of a stolen motor vehicle and that
the ignition mechanism of the motor vehicle had been bypassed or the steering
wheel locking mechanism had been broken or bypassed, unless satisfactorily
explained, gives rise to an inference that the person in possession of the stolen
motor vehicle knew or should have known that the motor vehicle had been stolen.
§ 812.022(6), Fla. Stat.
Definitions:
§ 812.012(3), Fla. Stat.
property, including things growing on, affixed to and found in land; tangible or
intangible personal property, including rights, privileges, interests, and
claims; and services.
§§ 812.012(6), 812.028(3), Fla. Stat.
“Stolen property” means property that has been the subject of any criminally
wrongful taking or if the property has not been stolen, that it was offered for sale to
(defendant) as stolen property.
§ 812.012(7), Fla. Stat.
DEALING IN STOLEN PROPERTY (ORGANIZING), §
812.019(2), Fla.Stat.
0 (Defendant) [initiated] [organized] [planned] [financed] [directed] [managed]
[supervised] the theft of (property alleged).
1 (Defendant) trafficked in the (property alleged).
INFERERENCES:
0 Proof of possession of recently stolen property, unless satisfactorily explained,
gives rise to an inference that the person in possession of the property knew or
should have known that the property had been stolen.
§ 812.022(2), Fla. Stat.
1 Proof of the purchase or sale of stolen property at a price
substantially below the fair market value, unless satisfactorily explained, gives rise to an
inference that the person buying or selling the property knew or should have known
that the property had been stolen. § 812.022(3), Fla. Stat.
0 Proof of the purchase or sale of stolen property by a dealer in property, out of the
regular course of business or without the usual indicia of ownership other than mere
possession, unless satisfactorily explained, gives rise to an inference that the person
buying or selling the property knew or should have known that it had been stolen. §
812.022(4), Fla. Stat.
1 Proof that a dealer who regularly deals in used property possesses stolen property,
upon which a name and phone number of a person other than the offeror of the
property are conspicuously displayed, gives rise to an inference that the dealer
possessing the property knew or should have known that the property was stolen. §
812.022(5), Fla. Stat.
2 Proof that a person was in possession of a stolen motor vehicle and that the ignition
mechanism of the motor vehicle had been bypassed or the steering wheel locking
mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to
an inference that the person in possession of the stolen motor vehicle knew or should
have known that the motor vehicle had been stolen. § 812.022(6), Fla. Stat.
Definitions:
§ 812.012(3), Fla.Stat.
“Property” means anything of value, and includes:
0 real property, including things growing on, affixed to and
found in land;
0 tangible or intangible personal property, including rights, privileges, interests, and
claims; and
1 services.
§§ 812.012(6), 812.028(3), Fla. Stat.
“Stolen property” means property that has been the subject of any criminally
wrongful taking or if the property has not been stolen, that it was offered for sale to
(defendant) as stolen property.
§ 812.012(7), Fla. Stat.
“Traffic” means:
̀̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ̀̀ЀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ? Ȁ̀⠀⤀ĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ0 to sell, transfer, distribute,
dispense or otherwise dispose of property; and
̀̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ̀̀ЀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ? Ȁ̀⠀⤀ĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ1 to buy, receive, possess,
obtain control of or use property with the intent to sell, transfer, distribute,
dispense or otherwise dispose of that property.
HUMAN TRAFFICKING, § 787.06(3), Fla. Stat.
§ 787.06(2)(d), Fla. Stat.
“Human trafficking” means [transporting] [soliciting] [recruiting] [harboring]
[providing] [enticing] [maintaining] [or] [obtaining] another person for the purpose of
exploitation of that person through:
a. [coercion for labor or services].
b. [coercion for commercial sexual activity].
c. [coercion for labor or services of any individual who is an unauthorized alien].
d. [coercion for commercial sexual activity of any individual who is an unauthorized
alien].
e. [coercion for labor or services who does so by the transfer or transport of any
individual from outside Florida to within Florida].
f. [coercion for commercial sexual activity who does so by the transfer or transport of
any individual from outside Florida to within Florida].
§ 787.06(2)(a), Fla. Stat.
“Coercion” means:
0 Using or threatening to use physical force against any person;
1 Restraining, isolating, or confining or threatening to restrain, isolate, or confine
any person without lawful authority and against her or his will;
2 Using lending or other credit methods to establish a debt by any person when
labor or services are pledged as a security for the
debt, if the value of the labor or services as reasonably assessed is not applied toward the
liquidation of the debt, the length and nature of the labor or services are not respectively
limited and defined;
0 Destroying, concealing, removing, confiscating, withholding, or possessing any
actual or purported passport, visa, or other immigration document, or any other actual or
purported government identification document, of any person;
1 Causing or threatening to cause financial harm to any person;
2 Enticing or luring any person by fraud or deceit; or
3 Providing a controlled substance as outlined in Schedule [I]
0 of Florida Statute 893.03
to any person for the purpose of:
a. [using coercion for labor or services].
b. [using coercion for commercial sexual activity].
c. [using coercion for labor or services of any individual who is an unauthorized
alien].
d. [using coercion for commercial sexual activity of any individual who is an
unauthorized alien].
e. [using coercion for labor or services who does so by the transfer or transport of
any individual from outside Florida to within Florida].
f. [using coercion for commercial sexual activity who does so by the transfer or
transport of any individual from outside Florida to within Florida].
(Name of controlled substance) is a Schedule [I] [II] drug
within Florida Statute
893.03.
§ 787.06(2)(b), Fla. Stat.
“Commercial sexual activity” means:
a. (name of chapter 796 crime). (Name of chapter 796 crime) is defined as (insert
definition of Chapter 796 crime).
b. An attempt to commit (name of chapter 796 crime) is defined as (insert
definition of attempt in Instruction 5.1 and then define the Chapter 796 crime).
c. “Sexually explicit performance” means an act or show, whether public or
private, that is live, photographed, recorded, or videotaped and intended to arouse or
satisfy the sexual desires or appeal to the prurient interest.
d. the production of pornography.
0.0787.06(2)(c), Fla. Stat. Insert definition of loan sharking from
1 687.071 Fla. Stat. Insert explanation of the statute of frauds from § 725.01 Fla. Stat.
“Financial harm” includes [extortionate extension of credit] [loan sharking]
[employment contracts that violate the statute of frauds].
§ 787.06(2)(e), Fla. Stat.
“Labor” means work of economic or financial value.
§ 787.06(2)(f), Fla. Stat.
§ 787.06(2)(g), Fla. Stat.
“Obtain” means, in relation to labor or services, to secure performance thereof.
§ 787.06(2)(h), Fla. Stat.
“Services” means any act committed at the behest of, under the supervision of, or for
the benefit of another. [The term includes, but is not limited to [forced marriage]
[servitude] [the removal of organs].]
§ 787.06(2)(j), Fla. Stat. See 8 U.S.C. s. 1324a(h)(3).
“Unauthorized alien” means an alien who is not authorized under federal law to be
employed in the United States.
§ 787.06(2)(k), Fla. Stat.
“Venture” means any group of two or more individuals associated in fact, whether
or not a legal entity.
Enhanced penalty. § 787.06(3)(g) and (h), Fla. Stat. Give if applicable but only in
cases where the exploitation involves commercial sexual activity.
Enhanced penalty. § 787.06(3)(g) and (h), Fla. Stat. Give if applicable.
If the defendant had a reasonable opportunity to observe (victim), the State does not
need to prove that the defendant knew that (victim) had not attained the age of [15][18]
years.
ORGANIZED FRAUD, 817.034(4)(a)1,2,3, Fla. Stat.
0 (Defendant) engaged in a scheme to defraud.
1 (Defendant) thereby obtained [property] [(specify property if alleged in the
information)].
Definitions:
“Scheme to Defraud” means a systematic, ongoing course of conduct with intent to
defraud one or more persons, or with intent to obtain property from one or more persons
by false or fraudulent
pretenses, representations, or promises or willful misrepresentations of a future act.
“Obtain” means to temporarily or permanently deprive any person of the right to
property or a benefit therefrom, or to appropriate the property to one’s own use or to the
use of any other person not entitled thereto.
“Property” means anything of value, and includes:
̀̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ̀̀Ȁ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀ
ᜀĀᜀĀᜀĀᜀĀᜀĀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ0 Real property, including things
growing on, affixed to, or found in land;
̀̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ̀̀Ȁ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀ
ᜀĀᜀĀᜀĀᜀĀᜀĀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ1 Tangible or intangible personal
property, including rights, privileges, interests, and claims; and
̀̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ̀̀Ȁ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀ
ᜀĀᜀĀᜀĀᜀĀᜀĀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ2 Services.
determine a minimum value. If the minimum value of the property cannot be determined,
you must find the value is less than $20,000.
“Willful” means intentional, purposeful, and with knowledge.
POSSESSION OF BURGLARY TOOLS, § 810.06, Fla. Stat.
1. (Defendant) intended to commit a burglary or trespass.
0 (Defendant) had in [his] [her] possession a [tool] [machine] [implement] that [he]
[she] intended to use, or allow to be used, in the commission of the burglary or trespass.
1 (Defendant) did some overt act toward the commission of a burglary or trespass.
SHOOTING OR THROWING MISSILES IN DWELLING, §
790.19, Fla.Stat.
0 (Defen
dant)
[shot a
firearm
].
[threw
a
missile]
[hurled or projected a stone or other hard substance that would produce death or
great bodily harm].
1 [He] [She] did so [at] [within] [into]
[a public or private building, occupied or unoccupied]. [a public or
private bus].
[a train, locomotive, railway car, caboose, cable railway car, street railway car,
monorail car, or vehicle of any kind that
was being used or occupied by any person].
[a boat, vessel, ship, or barge lying in or plying the waters of this state].
[an aircraft flying through the air space of this state]. 3. The act
was done wantonly or maliciously. Definitions:
RESISTING OFFICER WITH VIOLENCE, § 843.01, Fla.
Stat.
NOTE: An issue arises when the State charges that the defendant resisted more than
one officer in one count. Under the current law, a defendant can commit only one count
of Resisting With Violence even if several officers are involved in the same event. See
Wallace v. State, 724 So. 2d 1176 (Fla. 1998). One possible remedy for this problem
would be to instruct:
0 (Defendant) knowingly and willfully [resisted] [obstructed] [opposed] (victim) by
[offering to do [him] [her] violence] [doing violence to [him] [her]].
1 At the time, (victim) was engaged in the [execution of legal
process] [lawful execution of a legal duty].
0 At the time, (victim) was [an officer] [a person legally authorized to execute
process].
1 At the time, (Defendant) knew (victim) was [an officer] [a person legally
authorized to execute process].
Definition:
“Offering” to do violence means threatening to do violence.
Walker v. State, 965 So. 2d 1281 (Fla. 2nd DCA 2007).
RESISTING OFFICER WITHOUT VIOLENCE, § 843.02,
Fla. Stat.
NOTE: An issue arises when the State charges that the defendant resisted Officer X
or Officer Y. Under the current law, a defendant can commit only one count of Resisting
Without Violence even if several officers are involved in the same event. See Wallace v.
State, 724 So. 2d 1176 (Fla. 1998).
0 (Defendant) [resisted] [obstructed] [opposed] (victim).
1 At the time, (victim) was engaged in the [execution of legal process] [lawful
execution of a legal duty].
2 At the time, (victim) was [an officer] [a person legally authorized to execute
process].
3 At the time, (defendant) knew (victim) was [an officer] [a person legally
authorized to execute process].
RETAIL THEFT, § 812.015(1), Fla.Stat.
1. (Defendant) knowingly:
Give a, b, c, or d as applicable.
a. [took possession of or carried away merchandise].
b. [altered or removed a label or price tag from merchandise].
c. [transferred merchandise from one container to another].
d. [removed a shopping cart from a merchant’s premises].
0 [He] [She] intended to deprive the merchant of possession, use, benefit, or full
retail value of the [merchandise] [shopping cart].
Definitions:
“Knowingly” means an act done voluntarily and intentionally and not because of
mistake or accident or other innocent reason. (Devitt & Blackmar — Federal Jury
Practice and Instructions, Sec. 16.07)
ROBBERY, § 812.13, Fla. Stat.
̀̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀĀĀȀЀȀ̀⠀Ā⤀Ā
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀԀȀȀ⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ0 (Defendant) took the (money
or property described in charge) from the person or custody of (person alleged).
̀̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀĀĀȀЀȀ̀⠀Ā⤀Ā
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀԀȀȀ⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ1 Force, violence, assault, or
putting in fear was used in the course of the taking.
̀̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀĀĀȀЀȀ̀⠀Ā⤀Ā
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀԀȀȀ⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ2 The property taken was of
some value.
̀̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀĀĀȀЀȀ̀⠀Ā⤀Ā
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀԀȀȀ⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ3 The taking was with the
intent to permanently or temporarily [deprive (victim) of [his] [her] right to the property
or any benefit from it] [appropriate the property of (victim) to [his] [her] own use or to
the use of any person not entitled to it].
Definitions:
Assault. § 784.011 Fla. Stat.
An “assault” is an intentional and unlawful threat, either by word or act, to do
violence to a victim, when it appears the person making the threat has the ability to carry
out the threat, and the act creates in the mind of the victim a wellfounded fear that
violence is about to take place.
“ Fear”
Smithson v. State, 689 So. 2d 1226 (Fla. 5th DCA 1997)
.
If the circumstances were such as to ordinarily induce fear in the mind of a
reasonable person, then the victim may be found to
have been in fear, and actual fear on the part of the victim need not be shown.
In the course of the taking.
“In the course of the taking” means that the act occurred prior to, contemporaneous
with, or subsequent to the taking of the property and that the act and the taking of the
property constitute a continuous series of acts or events.
Afterthought. DeJesus v. State, 98 So. 3d 105 (Fla. 2d DCA 2012)
.
If the jury finds that the taking of property occurred as an afterthought to the use of
force or violence against the victim, the taking does not constitute robbery but may still
constitute theft.
Title to property. .
In order for a taking of property to be robbery, it is not necessary that the person
robbed be the actual owner of the property. It is sufficient if the victim has the custody of
the property at the time of the offense.
Force.
The taking must be by the use of force or violence or by assault so as to overcome the
resistance of the victim, or by putting the victim in fear so that the victim does not resist.
The law does not require that the victim of robbery resist to any particular extent or that
the victim offer any actual physical resistance if the circumstances are such that the
victim is placed in fear of death or great bodily harm if he or she does resist. But unless
prevented by fear, there must be some resistance to make the taking one done
by force or violence.
Victim unconscious.
It is also robbery if a person, with intent to take the property from a victim,
administers any substance to another so that the victim becomes unconscious and then
takes the property from the person or custody of the victim.
Taking.
In order for a taking by force, violence, or putting in fear to be robbery, it is not
necessary that the taking be from the person of the victim. It is sufficient if the property
taken is under the actual control of the victim so that it cannot be taken without the use of
force, violence, or intimidation directed against the victim.
With a firearm.
A “firearm” means any weapon [including a starter gun] which will, is designed to,
or may readily be converted to expel a projectile by the action of an explosive; [the frame
or receiver of any such weapon;] [any firearm muffler or firearm silencer;] [any
destructive device;] [any machine gun]. [The term “firearm” does not include an antique
firearm unless the antique firearm is used in the commission of a crime. An antique
firearm is (insert definition in § 790.001(1), Fla. Stat.)] [A destructive device is (insert
definition in § 790.001(4), Fla. Stat.)]
With a deadly weapon.
A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely
to produce death or great bodily harm.
A “weapon” is defined to mean any object that could be used
to cause death or inflict serious bodily harm.
ROBBERY (HOMEINVASION), § 812.135, Fla. Stat.
(Defendant) entered the dwelling of (victim).
23
At the time (defendant) entered the dwelling, [he] [she] intended to commit robbery.
24
While inside the dwelling, (defendant) did commit robbery. A robbery consists of the following:
25
(Defendant) took money or property from the person or custody of another.
0
Force, violence, assault, or putting in fear was used in the course of the taking.
1
The property taken was of some value.
2
[appropriate the property of another to [his] [her] own use or to the use of any person not entitled to it].
Definitions:
Assault. § 784.011 Fla. Stat. Give if applicable.
An “assault” is defined as an intentional and unlawful threat, either by word or act, to do violence to a victim, when it appears the person making
the threat has the ability to carry out the threat, and the act creates in the mind of the victim a wellfounded fear that violence is about to take place.
Fear. Give if applicable. Smithson v. State, 689 So. 2d 1226
(Fla. 5th DCA 1997).
In the course of the taking.
“In the course of the taking” means that the act occurred prior to, contemporaneous
with, or subsequent to the taking of the property and that the act and the taking of the
property constitute a continuous series of acts or events.
Afterthought. DeJesus v. State, 98 So. 3d 105 (Fla. 2d DCA 2012)
.
If the jury finds that the taking of property occurred as an afterthought to the use of
force or violence against (victim), the taking does not constitute robbery but may still
constitute theft.
Title to property.
In order for a taking of property to be robbery, it is not necessary that the person
robbed be the actual owner of the property. It is sufficient if the victim has the custody of
the property at the time of the offense.
Force.
The taking must be by the use of force or violence or by assault so as to overcome the
resistance of the victim, or by putting the victim in fear so that the victim does not resist.
The law does not require that the victim of robbery resist to any particular extent or that
the victim offer any actual physical resistance if the
circumstances are such that the victim is placed in fear of death or great bodily harm if he
or she does resist. But unless prevented by fear, there must be some resistance to
make the taking one done by force or violence.
Victim unconscious.
It is also robbery if a person, with intent to take the property from a victim,
administers any substance to another so that the victim becomes unconscious and then
takes the property from the person or custody of the victim.
Taking.
In order for a taking by force, violence, or putting in fear to be robbery, it is not
necessary that the taking be from the person of the victim. It is sufficient if the property
taken is under the actual control of the victim so that it cannot be taken without the use of
force, violence, or intimidation directed against the victim.
Dwelling. Jacobs v. State, 41 So. 3d 1004 (Fla. 1st DCA 2010).
A “firearm”means any weapon [including a starter gun] which
will, is designed to, or may readily be converted to expel a projectile by
the action of an explosive; [the frame or receiver of any such weapon;]
[any firearm muffler or firearm silencer;] [any destructive device;] [any
machine gun]. [The term “firearm” does not include an antique firearm
unless the antique firearm is used in the commission of a crime. An
antique firearm is (insert definition in § 790.001(1), Fla. Stat.)]
Deadly weapon.
A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely
to produce death or great bodily harm.
Weapon.
A “weapon” is defined to mean any object that could be used to cause death or
inflict serious bodily harm.
ROBBERY BY SUDDEN SNATCHING, § 812.131, Fla. Stat.
0 (Defendant) took the (money or property described in charge) from the person of
(person alleged).
1 The property taken was of some value.
2 The taking was with the intent to permanently or temporarily deprive (victim) or
the owner of [his] [her] right to the property.
3 In the course of the taking, (victim) was or became aware of the taking.
In the course of the taking means that the act occurred prior to, contemporaneous
with, or subsequent to the taking of the property and that the act and the taking of the
property constitute a continuous series of acts or events.
Force or resistance.
It is not necessary for the State to prove that the defendant used any amount of force
beyond that effort necessary to obtain possession of the money or other property, that
there was any resistance offered by the victim or that there was any injury to the victim’s
person.
Title to property.
In order for a taking to be Robbery by Sudden Snatching, it is not necessary that the
person robbed be the actual owner of the property. It is sufficient if the victim has
possession of the property at the time of the offense.
Enhanced penalty. Give if applicable.
If the jury finds the defendant guilty of the crime of Robbery by Sudden Snatching,
they must further determine beyond a reasonable doubt if in the course of committing the
Robbery by Sudden Snatching the defendant carried some kind of weapon. An act is in
the course of committing a Robbery by Sudden Snatching if it occurs in an attempt to
commit Robbery by Sudden Snatching or in fleeing after the attempt or commission.
With a firearm.
If the jury finds that the defendant carried a firearm in the course of committing the
Robbery by Sudden Snatching, they should find [him] [her] guilty of Robbery by Sudden
Snatching with a firearm.
A firearm means any weapon (including a starter gun) which will, is designed to, or
may readily be converted to expel a
projectile by the action of an explosive; the frame or receiver of any such weapon; any
firearm muffler or firearm silencer; any destructive device; or any machine gun. [The
term firearm does not include an antique firearm unless the antique firearm is used in the
commission of a crime.] See Section 790.001(1), Fla. Stat., for definition of antique
firearm.
A “weapon” is defined to mean any object that could be used to cause death or
inflict serious bodily harm.
With a deadly weapon.
If the jury finds that the defendant carried a (deadly weapon described in charge) in
the course of committing the Robbery by Sudden Snatching, and that the (deadly weapon
described in charge) was a deadly weapon, they should find [him] [her] guilty of Robbery
by Sudden Snatching with a deadly weapon.
A weapon is a deadly weapon if it is any object that is used or threatened to be used
in a way likely to produce death or great bodily harm.
ENFORCEMENT OF TRAFFIC LAWS ON PRIVATE PROPERTY
Officers are often called upon to investigate motor vehicle crashes or take
enforcement action relating to traffic offenses or parking violations on property that is
privately owned. In general, officers may conduct traffic enforcement on all roads on
which the public has the right to travel. This includes public roads and highways, as well
as on quasipublic property (property that is privately owned but “used” by the public).
Rarely can traffic
enforcement occur on purely private property. A few exceptions exist (i.e.
, DUI
and handicap parking). Goldstein v. State , 223
So. 2d. 354 (Fla. Ed DCA 1969) ; §
316.1959, Fla. Stat. (2208).
In Florida, the sheriff’s office shall enforce all of the traffic laws of the state on all
the streets, highways and elsewhere throughout the county wherever “the public has the
right to travel by motor vehicle.” Florida Statutes § 316.640(2)(a). The plain language of
the statute makes no distinction between public and private property. In fact, private
property owners who own property on which the public is invited to travel (“quasi
public” property) are required to install and maintain uniform traffic control devices at
appropriate locations in accordance with the Department of Transportation standards.
Florida Statutes § 316.0747(2) . Accordingly, officers may enforce traffic laws at such
locations, including enforcement of violations related to official traffic control devices
(i.e., stop signs, posted speed limits, etc.).
The determination of whether “the public has a right to travel by motor vehicle” on
private property must be factually assessed by the officer after consideration of factors
such as, but not limited to: (1) if there is limited access to the area; (2) if entry can only
be made after contacting a resident; or (3) by the specific use of the location (i.e.,
business, residential), etc. AGO 75123; AGO 8384. For example, the public does not
have the right to travel through gated communities where guests are admitted only after
receiving authority from a property owner or resident. These properties are considered
purely private and officers may not enforce traffic laws therein.
A county, however, may exercise jurisdiction over any private
road or roads controlled by private entities if a written agreement has been entered into between the
county and the entity (i.e., homeowners association). Florida Statutes § 316.0747(2). Prior to
enforcing traffic laws within a gated community, officers must confirm that such an
agreement exists and is current.
EVICTION OF TENANTS AND GUESTS: WHEN POLICE ACTION MAY BE
TAKEN
Police officers frequently are called to disturbances arising out of landlord and tenant
disputes. Landlords usually take a strong position regarding their legal rights in these
disputes, and may often demand that the responding officers take some action, usually
eviction of the tenant. It is important that officers faced with these situations have a
general knowledge of what action, if any, officers can take.
The Florida Residential Landlord and Tenant Act governs most of the traditionally
recognized rental arrangements for dwellings, such as those for apartments, town homes,
duplexes, and single family housing units. §§
83.4083.682, Fla. Stat. In tenancy
situations covered by the Act, the only means by which a landlord can legally recover
possession of the dwelling unit without the consent of the tenant (evict the tenant) is to
maintain an action for possession in the county court of the county where the premises is
located. § 83.59, Fla. Stat.
If this action is successful, a writ of possession will be issued
to the sheriff, who is authorized to put the landlord in possession after a prescribed notice
period. §
83.62, Fla. Stat. A
lawful eviction can be accomplished only by a law
enforcement officer acting pursuant to a civil writ of
possession. Any other action by law enforcement that causes the ouster of a tenant,
whether it involves physical removal or causing the tenant to leave out of fear of arrest, is
likely to be considered wrongful eviction.
There are three categories of residential or sleeping accommodations from which
persons may be removed by law enforcement officers after they have been told to leave
by the operator of the premises. The first class involves hotels and motels. § 509.141, Fla.
Stat. The initial determination that a law enforcement officer should make is whether the
premises concerned qualify as the type of premises to which the laws authorizing arrest
under Florida Statutes § 509.141
apply. If a landlord claims that the premises qualify as a
“public lodging establishment” (hotel or motel), the premises must consist of “any unit,
group of units, dwelling, building or group of buildings within a single complex of
buildings, which is rented to guests more than three times in a calendar year for periods
of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held
out to the public as a place regularly rented to guests.” § 509.013(4)(a), Fla. Stat.
This
definition of “public lodging establishment” specifically excludes dormitories, hospitals,
nursing homes, sanitariums, or places renting four units or less, unless advertised as
regularly rented to guests. Other exclusions apply as well. § 509.013(4)(b), Fla. Stat.
If the premises clearly qualifies under the applicable law, a law enforcement officer
should next consider the relationship between owner/operator and the person whose
arrest and removal is sought. If the guest is in “transient occupancy”, both parties (the
owner/operator and the guest) must intend that the occupancy was
to be temporary. §
509.013(12), Fla. Stat. There is a rebuttable presumption that a
tenancy is a “transient occupancy” if the dwelling unit occupied by the guest is not the
sole residence of the guest.
Conversely, there is a presumption that a guest is not in “transient occupancy” if the
dwelling unit is the sole residence of the guest. For example, even if an establishment
qualifies as a “public lodging establishment,” if the dwelling unit is the sole residence of
the guest, as evidenced by lack of a permanent address elsewhere, receipt of mail at the
address of the dwelling unit, or identification such as a driver license reflecting the
address of the dwelling unit, the guest is not in “transient occupancy,” and the provisions
authorizing the arrest and removal of undesirable guests from such establishments do not
apply. Such facts indicate a landlord/tenant situation, which must be resolved with a civil
action for eviction.
When the tenancy of the guest meets the “transience” requirements, an arrest can be
made for refusing to vacate the premises after properly being directed to do so by the
owner. There must be probable cause that the premises involved and the particular
guest’s status both qualify under the applicable provisions, and that the guest refused to
depart after being notified by the owner/operator. If an officer cannot determine and
articulate facts that establish that all of the foregoing factors are satisfied, no probable
cause for an arrest pursuant to Florida Statutes § 509.141
exists.
The second type of living arrangement from which law enforcement officers may
remove persons are residency facilities, whether public or private, when the occupancy is
incidental to the
provision of medical, geriatric, educational, counseling, religious, or similar services. §
83.42(1), Fla. Stat. When making an arrest, the appropriate charge at such locations is §
810.08, Trespass After Warning. If the situation is resolved with no arrest (i.e., the person
leaves the premises after the officer gives a warning), a police report should still be
completed. The report should not be titled “Eviction.”
Recreational vehicle parks are the third and final type of residential or sleeping
accommodations from which persons may be removed by law enforcement officers. §
513.13, Fla. Stat. For a premises to qualify as a recreational vehicle park, it must be set
aside and offered for the parking of five or more recreational vehicles or tents. §
513.01(10), Fla. Stat. If the premises qualifies, a similar analysis to that described above
must be conducted to determine whether an arrest is authorized under
Florida Statutes §
513.13 .
Remember, the point at which a “guest” ceases to be a transient visitor and becomes
a resident, requiring the management to utilize the eviction process, is not clearly defined.
Therefore, a careful examination of the particular lodging establishment and the living
arrangement in question should be made to determine whether any action should be taken
by law enforcement or whether the situation must be handled in civil court with an action
for eviction. Before taking action, be sure that enough articulable facts exist to justify a
probable cause arrest. It may be advisable, instead, to write a police report and advise the
complainant to ask the State Attorney’s Office to file the case rather than to risk a bad
arrest.
Law enforcement officers are also encouraged to consult a
Legal Advisor if in doubt as to whether an arrest is appropriate since the specific facts in
each situation can result in a complicated analysis. Officers must be aware that potential
liability exists when an arrest is made in what should be a civil matter governed by the
Florida Residential Landlord and Tenant Act.
EVIDENCE
Intent––The Burden of Proof
When we speak of “intent” we are talking about a state of mind, something that is
rarely subject to direct proof but which may be inferred from the facts surrounding the
events.
“Intent,” as associated with criminal statutes, is usually broken down into three
categories.
23 Specific intent–This element is embodied within the language of a statute
delineating a particular crime. Specific intent in such cases is an essential element of the
crime which must be alleged and proved, e.g., entering with intent to commit a felony;
assault with intent to rape. In order to convict, the trier of fact (judge or jury) must find
such specific intent beyond a reasonable doubt.
24 General intent–General intent crimes are characterized by the doing of a particular
act which is prohibited by law. In such cases the perpetrator intends to do this particular
act and the evidence must show beyond a reasonable doubt that the act was committed.
No specific intent need be alleged or proved by the state. Robbery
an example of a general intent crime. Aggravated assault is another good example. The mere doing of
the act (except in selfdefense) is the offense.
0 No intent–It is this kind of offense that is most familiar to the average
citizen. A citizen may commit this kind of offense without being aware that he or
she has done any particular act. Many examples are found in the everyday type of
traffic offense, e.g., disobeying a red light; stop sign; speeding, etc. Lack of intent to
do the act is no defense, and the state need not prove any intent whatsoever.
Categorically, “intent” is immaterial.
A great deal could be written on the law of intent, but generally the observant police
officer can develop the element of intent from relatively insignificant bits and pieces
when, in fact, the criminal intent is present. Example: Possession of a clean hash pipe
leaves much to be desired in the way of proof that is possessed with the intent to smoke
contraband substances. But, a trace of hash residue in the pipe is evidence of intent.
To convict a defendant of possession of burglary tools, the state must prove not only
that the defendant intended to commit burglary or trespass while those tools were in his
possession, but that the defendant actually intended to use those tools to perpetrate the
crime. Burke v. State
, 672 So. 2d 829 (Fla. 1st
DCA 1995) . An overt act toward the
commission of the crime is necessary to prove intent, mere possession of a tool is not
enough.
The Florida appellate courts have set out the rule that where a statute describes the
doing of an act as criminal without specifically requiring criminal intent, it is not
necessary for the State to prove that the commission of such act was accompanied
by criminal intent. It is only when the criminal intent is required as an
element of
the offense that the question of “guilty knowledge” may
become pertinent in the State’s case.
FIREWORKS
It is unlawful for any person, firm, copartnership or corporation to
offer for sale, expose for sale, sell at retail, use, or explode any fireworks
without first obtaining a permit from the Board of County
Commissioners. § 791.02, Fla. Stat.
Such a violation is a misdemeanor of
the first degree. §
791.06, Fla. Stat. However, mere possession of
fireworks is not a criminal offense.
Fireworks are defined to include any combustible or explosive composition or
substance or combination of substances prepared for the purpose of producing a visible or
audible effect by combustion, explosion, deflagration, or detonation. Fireworks include
blank cartridges and toy cannons in which explosives are used, the type of balloons which
require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles,
dago bombs, and any fireworks containing any explosives or flammable compound or any
tablets or other device containing any explosive substance. § 791.01(4)(a), Fla. Stat.
The
term “Fireworks” does not include sparklers approved by the Division of the State Fire
Marshal, toy pistols, toy canes, toy guns, or other devices in which paper caps containing
twentyfive hundredths grains or less of explosive compound are used, providing they are
so constructed that the hand cannot come in contact with the cap when in place for the
explosion; and toy pistol paper caps which contain less than twenty hundredths grains of
explosive mixture,
the sale and use of which shall be permitted at all times. § 791.01(4)(b), Fla. Stat.
Furthermore, “Fireworks” does not include the following novelties and trick
noisemakers: snakes or glow worms, smoke devices, and trick noisemakers. § 791.01(4)
(c), Fla. Stat. Before taking any enforcement action, refer to the complete statutory
definitions of these novelties and trick
noisemakers in § 791.01, Florida Statutes at http://www.flsenate.gov/Statutes.
The law requires police officers to seize, take, remove or cause to be removed at the
expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale,
stored, or held in violation of Chapter 791. 791.05, Fla. Stat. However, “[i]t may not be
necessary, or legal, to seize all products in one location observed to engage in instances
choose to only seize those items involved in an illegal transaction or exposed for sale in
an illegal manner. Seizing an entire stock of product may be improper as an enforcement
enforcement site.” See the Division of State Fire Marshal’s helpful pamphlet titled,
“Fireworks and Sparkler Enforcement
Law Enforcement and Inspections Guide,” at http://www.myfloridacfo.com/sfm/pdf/
Fireworks_Enforcement_Guide_2004_text.pdf.
The regulatory staff of the Division of State Fire Marshal is available to render
guidance and assistance if necessary. Officers having any questions regarding fireworks
may contact the Regulatory Licensing Section at (850) 4133172.
FRAUD / IDENTIFY THEFT CASES
Officers responding to incidents of fraud or identify theft:
0 Advise the victim to:
Place a fraud alert on their credit file by contacting one or all three credit
bureaus: Equifax 18005256285/ Experian 18883973742/ TransUnion
18006807289.
Monitor their financial accounts for unusual activity.
Exercise their right to a free copy of their credit report from various credit
resources.
23 Refer the victim to FTC.GOV or IC3.GOV for additional information and
resources.
24 Responding officers should not take possession of original documents
pertaining to the reported incident.
FREEDOM OF RELIGION AND ANIMAL SACRIFICES
The Free Exercise Clause of the First Amendment to the United States Constitution
provides that Congress shall make no law respecting an establishment of religion or
prohibiting the free exercise thereof. The Florida Constitution prohibits the Florida
Legislature from doing the same as well. In the case of Lukumi Babalu Aye Inc. v.
Hialeah, 508 U.S. 520 (1993), the U.S. Supreme Court found that the City of Hialeah
ordinances aimed at stopping the practice of animal sacrifices were contrary to the
constitutional principles of the Free Exercise Clause. In that case, the City of Hialeah
enacted ordinances that specifically banned
certain practices of the Santeria religion. The Court stated that legislators may not devise
practices. The Court found that the laws enacted by the City of Hialeah were contrary to
constitutional principles and were therefore void.
The Florida Legislature codified this principal creating the Humane Slaughter Act,
which specifically states that the handling, preparation, and ritual slaughter of livestock is
not a crime. § 828.22, Fla. Stat.
When an officer arrives on the scene and determines that animals were killed during
a religious ritual, the following actions may be taken, if probable cause exists:
0 The officer could determine whether the crime of unnecessary and excessive
noise has been violated. This crime is a misdemeanor and must occur in the
officer’s presence.
MiamiDade County Ordinance Section 2128 states in part: It shall be unlawful
unreasonably loud, excessive, unnecessary or unusual noise. The following acts,
among others, are declared to be unreasonably loud, excessive, unnecessary or
unusual noises in violation of this section, but this enumeration shall not be
deemed to be exclusive, namely:
0 Animals, birds, etc. The owning, harboring, possessing or keeping of any dog,
animal or bird which causes frequent, habitual or long continued noise which is
plainly audible at a distance of one hundred (100) feet from the building,
structure or yard in which the dog, animal or bird is located.
instrument or device for the purpose of attracting attention by creation of any
display or advertisement of merchandise.
24 Shouting. Any unreasonably loud, boisterous or raucous shouting in any
residential area.
24 The officer could determine whether parking violations due to a large gathering
have been violated.
MiamiDade County Ordinance Section 30388.10 states: No person shall park
any vehicle upon a street, in such a manner or under such conditions as to leave
available less than 10 feet of the width of the roadway for free movement of
vehicular traffic.
In order to protect religious freedom, officers must be mindful of the religious rights
of all individuals, including practices involving the humane slaughter of animals, prior to
effecting arrests pursuant to Florida Statutes § 828.12, Cruelty to animals.
HABITUAL TRAFFIC OFFENDERS
Pursuant to Sec. 322.264, Fla. Stat., a “habitual traffic offender” is defined as any
convictions for certain offenses detailed within the statute within a fiveyear period. The
driver’s license of any person meeting the criterion of
a “habitual traffic offender” is subject to mandatory revocation by the Department of
Highway Safety and Motor Vehicles for a minimum of five years. § 322.27(5)(a), Fla.
Stat. Any person whose driver’s license has been revoked pursuant to the habitual traffic
offender statute, and who drives any motor vehicle upon the highways of this state while
such license is revoked, is guilty of a felony of the third degree. § 322.34(5), Fla. Stat.
The revocation remains in effect until the driver/offender applies for a reinstatement
of their license with the Florida Department of Highway Safety and Motor Vehicles.
Therefore, the revocation is still valid past the fiveyear minimum period if the offender
Blandin v. State, 976 So. 2d 1201, 1202 (Fla. 2d DCA 2008), the Court held that, even
after five years, the driver was only “eligible to be relicensed,” but relicensing was not
automatic. Because the driver never petitioned to be relicensed, the driver’s license
remained revoked and his conviction for driving while license revoked was proper.
The MiamiDade County State Attorney’s Office has requested that officers be
reminded that an arrest form needs to be completed along with the citation in order for
the charge to be prosecuted. Additionally, as with any felony arrest, a prefile conference
must be scheduled.
HANDICAPPED PARKING VIOLATIONS
When conducting an investigation or responding to a complaint of a motor vehicle
unlawfully stopping, standing, or parked in a space legally designated and marked as a
lawful parking space, garage, storage lot, or other safe place. If the operator of the vehicle
is present, the officer may require the person to remove the unauthorized vehicle from the
parking space. Additionally, the officer shall charge the operator or other person in
charge of the vehicle in violation with a noncriminal traffic infraction. § 316.1955, Fla.
Stat. The unusual language contained in this statute requires that law enforcement
Florida Legislature amended the statute, substituting “shall” for “is authorized to,”
evidencing their intent that enforcing these violations is mandatory.
person’s disabled parking permit and driver’s license or state identification card when
investigating the possibility of a violation of this section. If such a request is refused, the
person in charge of the vehicle may be charged with resisting an officer without violence,
as provided in Florida Statutes § 843.02.
IDENTIFICATION AND LINEUPS
Lineups and Confrontations
NOTE: The Florida Department of Law Enforcement, the Florida Sheriffs
Association and the Florida Prosecuting Attorneys Association have developed and
endorsed standards for Florida state and local law enforcement agencies in dealing with
photographic or live lineups in eyewitness identification. (Issued June 15, 2011)
Consequently, law enforcement agencies in Florida are currently developing their own
policies based upon these standards which must be filed with the state attorney’s office in
the circuit in which the agency is located. The discussion below remains current and is
intended to supplement agency policy.
A properly conducted witnesssuspect confrontation is a valuable investigative
technique which “is consistent with good police work.” U.S. v. Sanchez, 422 F.2d 1198
(2nd Cir. 1970). The Courts permit this type of identification, which generally occurs
within a few hours after the offense, based on the rationale that an immediate
confrontation permits the police to determine whether they have the actual offender and,
if not, to continue their search for him and promptly release the innocent person. U.S. ex
rel. Cummings v. Zelker, 455 F.2d 714 (2nd Cir. 1972), cert. denied, 406 U.S. 927
(1972). Thus, if a suspect is apprehended shortly after a crime has been committed, it is
proper to return the suspect to the crime scene and allow the witnesses or victim an
opportunity to make an identification or, where it is more convenient to do so, the suspect
may be brought to the police station where the confrontation can be conducted.
Returning a suspect to the crime scene or bringing him or her to the police station
presupposes the officer has probable cause to arrest the suspect. If an officer only has a
reasonable suspicion
that a suspect is the offender, the suspect may not be removed from the location where he
or she was stopped. Florida’s “Stop and Frisk” Statute does not permit an expanded
detention on less than probable cause. § 901.151, Fla. Stat.
However, the police may
arrange to have the witnesses brought to the suspect for a confrontation provided this can
be done in a reasonably brief time.
If a witness or victim has been seriously injured and is hospitalized, an arrested
subject may be brought to the hospital for identification purposes.
Stovall v. Denno ,
388
U.S. 293 (1967)
. Similarly, if the suspect is found at a hospital where he or she is being
treated, the witness or victim may be taken there for a confrontation.
Conducting an Identification Confrontation
1. Suggestiveness of Police Conduct
When conducting an identification confrontation, the officer must take care not to
make any comments to a witness concerning the police opinion of the guilt or innocence
of the subject. Additionally, the circumstances surrounding the witness observation must
not be overly suggestive of the suspect’s guilt. The central issue is whether the procedure
is so “unnecessarily suggestive and conducive to irreparable mistaken identification” that
the Due Process rights of the suspect are denied. Stovall, p. 302.
2. Time Constraint
There is no hard and fast rule that specifies the maximum time
allowed after the offense to conduct a confrontation. There is authority in Florida for
allowing up to four days. See Ashford v. State, 274 So. 2d 517 (Fla. 1973). However,
absent some great need or unusual circumstances, it is suggested that, in the vast majority
of cases, the observation of the suspect should not be conducted more than four hours
after the crime occurred.
3. Right to Have Counsel Present
Factors to Consider
When considering whether an identification should be conducted, the officer must
remember that the key consideration is the likelihood of a misidentification by the
witness or victim. Consider the following factors in evaluating the situation.
23 The opportunity of the witness to view the criminal at the time of the crime.
24 The accuracy of the witness’ prior description of the suspect.
25 The length of time between the crime and the identification confrontation.
Once the decision is made to conduct the confrontation, the officer should consider
the following additional factors when
evaluating the reliability of any identification.
256 The witness’ degree of attention during the viewing.
257 The certainty demonstrated by the witness.
Additional Guidelines
23 Do not allow several witnesses to observe a suspect at the same time. Separate
them and do not allow them to discuss the suspect or overhear another witness’
comments during identification.
24 Take good notes at the confrontation. Record any statement made by the witness
at the time of the observation.
25 If relevant, engage the suspect in conversation so the witness may hear him speak.
If the suspect refuses, make a note of the refusal.
26 Nothing in this section is intended to suggest that the officer may not escort the
victim or witness around the area where the crime occurred in an effort to locate the
offender.
Photographic Displays
“Despite the hazards of initial identification by photograph, this procedure has been
used widely and effectively in criminal law enforcement…We are unwilling to prohibit
its employment, either in the exercise of our supervisory power or, still less, as a matter
of constitutional requirement.” Simmons v. United States, 390 U.S. 377, 384 (1968). As
with the witnesssuspect identification confrontation, this procedure allows the police to
determine if a suspect is the offender and, if not, to continue their search and
release the innocent subject.
Any challenge to the use of a photo display will be evaluated in the light of all
attendant circumstances. The photoidentification procedures will only be considered
impermissibly suggestive where all circumstances indicate the identification is unreliable.
M.J.S. v. State, 386 So. 2d 323 (Fla. 2d DCA 1980).
0 Procedure
a. Conduct of the display
0.0Note the conditions of the crime scene at the time when the witness
viewed the suspect. Include length of observation, lighting, distance
from the suspect, alertness of witness, etc.;
0.1 Show the photos to the witness by himself or herself and away from
other witnesses;
0.2 Say or do nothing which might indicate who the suspect is;
0.3 Have the witness initial the photograph that he or she identifies; and
0.4 Preserve the display for possible use at trial.
There is no mandatory minimum number of photos to be used in a display, but at
least six should be considered. Ensure the photos used are of similar appearing subjects.
b. Relevant factors
When evaluating the reliability of an identification, consider the following:
i. Manner in which the identification was conducted;
0 Opportunity of the witness to observe the offense;
1 Any previous identification by the witness of another person;
2 Any previous identification by the witness of the suspect;
3 Previous failure of the witness to identify suspect, and
4 Lapse of time between the offense and the identification.
23 Right to counsel
A suspect has no right to counsel at a photographic display regardless of whether the
indictment, United States v. Ash, 413 U.S. 300 (1973).
Lineups
The Supreme Court has recognized that the lineup is an integral part of the police
effort to correctly identify an offender and has said, “We have no doubt that compelling
the accused merely to exhibit his person for observation by a prosecution witness prior to
significance.” United States v. Wade, 388 U.S. 218, 222 (1967).
Further, a suspect in custody may be presented in lineups concerning other crimes for
which he has not been charged. United States v. Thomas, 543 F.2d 1226 (8th Cir. 1976);
cert.
denied 97 S. Ct. 764.
1. Conducting the lineup
When conducting the lineup, the following procedure should be employed:
a. Advise the suspect of his right to counsel, if necessary. (See #2, infra). Do not
proceed until the suspect has either intelligently waived his right to counsel or has
counsel present.
b. Photograph the lineup for possible use at trial. If feasible, videotape or record the
proceedings.
c. Ensure nothing is said by police officials which would indicate who the suspect is.
d. Ensure nothing in the lineup obviously points to the suspect as the person to be
identified.
e. Keep witnesses separated and do not allow them to converse or overhear one
another.
f. Advise the witness that he or she is under no obligation to answer defense
counsel’s questions.
2. Right to Counsel
The Supreme Court has ruled that a postindictment lineup is a “critical stage” in
criminal proceedings which necessitates the presence of counsel on the defendant’s
behalf. Wade, p. 236. The rationale is fairly obvious. A defendant without counsel, who
believes his lineup was unduly prejudicial, may not wish to take the stand for other
defense reasons. “Moreover, any protestations by the suspect of the fairness of the lineup,
made at trial, are
likely to be in vain; the jury’s choice is between the accused’s unsupported version and
that of the police officers present.” Wade, p. 231.
Preindictment lineups are not a critical stage and, thus, there is no right to counsel.
Ashford v. State, 274 So. 2d 517 (Fla. 1973)
The common ideal which links the landmark pretrial identification cases is that the
jury should be allowed to exercise its duty to weigh the evidence, taking into
consideration the suggestiveness of the procedure.
Due process will only intervene to exclude the identification when there is a high
danger of misidentification. Baxter v. State, 355 So. 2d 1234, 1237 (Fla. 2d DCA 1978)
;
cert denied 365 So. 2d 709
. Further, where an outofcourt identification was the result of
undue police influence, an incourt identification may be excluded because the
independent ability of the witness to remember the defendant is fatally tainted. Wade, p.
231; Smith v. State, 362 So. 2d 417 (Fla. 1st DCA 1978).
The police officer must ensure that any identification proceeding is conducted in as
neutral an atmosphere as possible. By doing so, not only are the rights of the defendant
protected, but also the case will not be jeopardized by a fatally deficient identification.
INTERROGATION
Fifth Amendment Rights
General
“[T]he prosecution may not use statements whether exculpatory or inculpatory,
stemming from custodial interrogation of the defendant unless it demonstrates the use
of procedural safeguards effective to secure the privilege against selfincrimination.”
Miranda v. Arizona, 384 U.S. 436, 444 (1966).
Police officers of all ranks should make an effort to understand what the Miranda
decision really means in terms of its application to police procedures.
First consider what is “custodial interrogation.”
0 “Custodial” means in custody of law enforcement officers or otherwise deprived
of freedom of action in any significant way.
1 “Interrogation” is express questioning and also any words or actions on the part of
the police that the police should know are reasonably likely to elicit an incriminating
response from the suspect.
There are two notable exceptions to this proposition:
0 When a “police dominated atmosphere” exists.
1 When a law enforcement officer uses a harsh “accusatorial” tone when speaking to,
or in the presence of, an accused.
The U.S. Supreme Court held that the “police dominated atmosphere” prevailed
when Reyes Orozco was questioned in his own bedroom reference a shooting. While
Orozco’s bedroom was not “the isolated setting of the police station,” the atmosphere was
nonetheless coercive in nature, and Miranda warnings should have been given. Orozco v.
Texas, 394 U.S. 324 (1969).
Where the officer is very accusatory or persistently confronts
the suspect with evidence of his guilt, the argument is strengthened that “custody”
existed.
When an accused has invoked his right to have counsel present during custodial
interrogation, questioning by police must be terminated until counsel has been made
available or until the accused initiates further communication. Coming back to the
accused the following day after he has invoked his right to counsel and giving him his
Miranda rights again cannot validate a confession if the accused has neither initiated the
communication nor spoken to counsel in the time between the first meeting and the
second. Edwards v. Arizona, 451 U.S. 477, 482 (1981).
When Miranda warnings are NOT required:
23 During the typical traffic stop, including DUI, i.e., until “custodial interrogation”
commences.
24 During a typical “stop and frisk.”
25 During ordinary field or “on the scene” investigations, e.g., for questions like:
“What happened here?” or “Did anyone see what happened to the gun?”
26 During street encounters when the subject has reason to believe that he or she is
free to leave.
27 During voluntary appearances at police headquarters where the subject has no
reason to believe that he or she is not free to leave.
28 During interviews at the subject’s home or office when the subject has no reason
to believe that he or she is not free to terminate the interview and dismiss the officers.
0 During interviews in stores, restaurants, or other places of public accommodations
when the subject has no reason to believe he or she is not free to leave.
1 Generally, when a subject is confined in a hospital, but not under arrest—
exception: suspect in pain and under sedation.
2 When the interrogator is not a law enforcement officer, e.g., department store
security officer.
3 When the questions are routine in nature, e.g., name, address, etc., and not
calculated to elicit incriminating evidence.
ALWAYS:
0 Read the full Miranda warning from a prepared text or card —no matter how
familiar the defendant claims he or she is with the rights. The card or prepared text will
ensure that you don’t forget anything and will make for better courtroom presentation.
1 If possible, obtain the waiver and statement in writing.
2 Be prepared to carry the burden of proof that the waiver was voluntary, knowing,
intelligent, and free of coercion. Fortunately, this is a judicial determination and the
standard is that of preponderance of the evidence and not proof beyond reasonable doubt.
DO NOT:
Offer the subject any inducement to cooperate in the interview. Despite your good
intentions, most defense attorneys know how to exploit this and the court will resolve the
issue of voluntariness against you.
Offer the subject assurances as to what will happen during any phase of the case.
Special Exception
If a statement is made that was voluntary and not coerced, but the Miranda warning
was not read, it may be used at trial under special circumstances.
Harris v. New York, 401 U.S. 222 (1971) held that when a defendant takes the
stand to testify in his or her own defense, he or she may be impeached by prior
statements even if the statement had been ruled inadmissible (on technical grounds) when
originally offered by the prosecutor.
JUVENILES
Juvenile Procedures
Procedures for Taking a Child Into Custody
A law enforcement officer may take a delinquent child into custody pursuant to a
court order or for committing a violation of law.
A law enforcement officer has authority to take a child into custody under the same
circumstances and in the same manner as if the child were an adult.
A child can be taken into custody for a misdemeanor only if committed in the
presence of the officer. The same exceptions apply as for an adult; e.g., retail theft.
The officer can take a child into custody for a felony offense if
he or she has reason to believe that a felony was committed and that the child is the
offender. The arresting authority shall immediately notify the district school
superintendent, of the superintendent’s designee, of the school district with educational
jurisdiction of the child. § 985.101(1)(b), Fla. Stat.
If the child’s life or health is in such danger that he or she must be removed from his
or her surroundings, the officer may take him or her into custody. Likewise, if an officer
reasonably believes a child to have been abandoned, abused, or neglected, the officer may
take that child into custody. In such situations, the child will normally be alleged to be
dependent rather than delinquent.
A child may be taken into custody by a law enforcement officer who has probable
cause to believe that the child is in violation of the conditions of the child’s community
control, home detention, or aftercare supervision, or has absconded from
commitment.
§
985.101(1)(d), Fla. Stat .
A child may also be taken into custody for failing to appear at a court hearing after
being properly noticed. §
985.101(1)(c),
Fla. Stat.
Juvenile Interrogation
There is no constitutional requirement that police notify a juvenile’s parents prior to
questioning the juvenile. What is clear, however, at least in the context of custodial
interrogation, is that if a juvenile indicates to police that he or she does not wish to speak
to them until he or she has had an opportunity to speak with parents, the questioning must
cease. B.P. v. State, 815 So.2d 728
(Fla. 5th DCA 2002). The voluntariness of the defendant’s confession is determined by
an examination of the totality of the circumstances surrounding the confession.
Ramirez
v. State , 739
So.2d 568 (Fla.1999) . For a juvenile’s confession, the relevant
circumstances include: (a) the manner in which the police administered Miranda rights,
(b) the juvenile’s age, experience, education, background, and intelligence, (c) whether
the juvenile had an opportunity to speak with his/her parents before confessing, and (d)
whether the juvenile executed a written waiver of the Miranda rights prior to making the
confession. Francis v. State, 857 So.2d 1002 (Fla. App. Dist. 2003).
Truancy
The Florida Legislature has clearly stated that truancy and poor school performance
have a direct relationship to juvenile delinquency and destructive behavior and that a
disproportionate percentage of juvenile crime occurs when juveniles should be in school.
However, truancy is NOT a crime. Florida law requires all children to attend school,
unless a child attains the age of 16 and files a formal declaration of intent to terminate
enrollment with the school board.
Florida Statutes § 984.13 authorizes a law enforcement officer to take a child into
custody when the officer has reasonable grounds to believe that the child is absent from
school without authorization or is suspended or expelled and is not in the presence of his
or her parent or legal guardian for the purpose of delivering the child without
unreasonable delay to the appropriate school system site. A “school system site” includes,
but is not limited to, a center approved by the superintendent of schools for
the purpose of counseling students and referring them back to the school system or an
approved alternative to a suspension or expulsion program. If a student is suspended or
expelled from school without assignment to an alternative school placement, the law
enforcement officer shall deliver the child to the parent or legal guardian, to a location
determined by the parent or guardian, or to a designated truancy interdiction site until the
parent or guardian can be located.
Since the legislative intent of this statute is to keep children in school, police
enforcement necessitates the identification of children strictly by age. If an officer has
reasonable suspicion to believe a child is of school age and is truant from school, the
officer may stop and question the child. Accordingly, it is necessary that an officer
observe that a child appears to be of school age, that it is a school day, and that the
observation occurs at a time when schools are in session.
The search incident to arrest exception to the warrant requirement does not apply to
taking a truant child into custody because truancy is not a crime and is not an arrest. L.C.
v. State, 23 So. 3d 1215 (Fla. 3d DCA 2009). However, if there is reasonable suspicion
that the truant is carrying a dangerous weapon, the truant should be frisked for weapons
prior to being delivered to the appropriate school system site. If the frisk produces
evidence leading to a conclusion that there is probable cause for arrest, then the
procedures for juvenile arrests should be followed. Officers shall document incidents of
truancy on the Juvenile Truancy Violation Form and forward copies of the form as
indicated on the form.
Juvenile Traffic Offenders
A juvenile traffic offender is a child who violates a provision of chapter 316, Florida
Statutes, or a local ordinance that supplements chapter 316.
The court of original traffic jurisdiction (the County court) must transfer to the
Juvenile Division, Circuit Court, a juvenile charged with any felony traffic offense.
The traffic summons procedure should be followed in routine offenses if there are no
serious circumstances involved.
In any of the above situations, the same procedures that apply to adults are to be
utilized except that a child is not to be placed in any vehicle with an arrested adult unless
the adult is involved in the same offense or transaction with the child.
A bond can be required in the same manner as if the child was an adult.
Other Juvenile Offenders – Delinquency
If it is determined that the child taken into custody will not be placed into detention
care, the child may be released to:
0 A parent, guardian, or legal custodian; or
1 Any responsible adult.
An officer may conduct a criminal history check on such an individual. If the person
has a prior felony, drug trafficking, child abuse, or prostitution conviction, that person is
not considered a “responsible adult.” § 985.211, Fla. Stat.
The person accepting custody from the officer must agree to bring the child to court
upon direction of the court. If possible, obtain consent from a person representing the best
interest of the juvenile (e.g., parent, guardian, legal custodian, adult relative, or attorney)
before the taking of a statement from a child. Prior to any questioning, the juvenile will
be requested to sign an MDPD Miranda Warning form, and if persons representing the
best interest of the juvenile are present, they shall be requested to cosign as witnesses,
indicating that the waiver of the child’s rights has been free and voluntary.
If the matter is serious enough that the child may be taken into custody, the parents or
attorney should be involved at every step of the process, if possible.
As with juvenile traffic offenders, the child may not be placed in any vehicle with an
arrested adult unless the adult is involved in the same offense or transaction with the
child. § 985.212(3), Fla. Stat.
All juveniles charged with committing felonies as well as those charged with the 13
enumerated offenses in § 985.212 must be fingerprinted. Police may also fingerprint for
crimes not listed in § 985.212.
Interrogation of a juvenile may be conducted at a police facility, but the atmosphere
must be nonintimidating; e.g., uniform officers, weapons, holding cells, police radios,
and excessive numbers of police personnel should not be visible. Consent of the person
representing the best interests of the child, e.g., parent, guardian, legal custodian, or
attorney, is desirable, but not essential if the child is capable of understanding his rights
and the significance of waiving his rights. Factors to be considered in this regard include
age, marital status, education, and intellectual level.
Interrogations must be for a reasonable length of time. Consideration should be given
to, and notation made of, the length of time held before interrogation, reasons for delay,
breaks, and rest periods.
Detention of Juveniles
A. Juvenile Traffic Offenders.
After notice is given to the parents, guardian, or responsible adult relation, the child
may be given a notice to appear and (1) released into the custody of the parent, etc.; (2)
released on bond;
0 referred to a medical facility if necessary; or, (4) if a felony has been committed
and the child cannot be released on bail, delivered to a Department of Juvenile Justice
intake officer.
0 Other Juvenile Offenders.
Factors enumerated in § 985.215 that a law enforcement officer should consider in
deciding whether to detain a child include whether the child has been charged with a
capital, life, first degree, or second degree felony, or a felony of the third degree which is
a crime of violence; an offense involving the use of a firearm; any violation of chapter
893 that is a second or third degree felony; or any third degree felony that is not a crime
of violence, and the child has a record of law violations prior to court hearings as well as
a record of failure to appear at court hearings.
If the officer makes the determination that the child should be held in custody and
not released, the officer should then deliver the child to the county Juvenile Assessment
Center.
Under no circumstances will a juvenile be initially detained in an adult facility.
A report will be filed by the officer taking custody of the child, within 24 hours if the
child was detained or within one week if the child was released, with the intake officer.
The report will state the reasons for taking the child into custody.
Regardless of the above procedures, if there is a circuit court order to take the child
into custody and to detain him or her, the order must be followed and executed as
provided by law. The child should be taken to the county Juvenile Assessment Center
which will arrange for placement in detention. If a certain detention home is specified in
the order, the child should be taken directly to the counselor at the detention home. A
written report regarding the authority to apprehend the child is still required.
If the intake counselor at the Juvenile Assessment Center decides to detain the child,
the court is required to have a detention hearing within twentyfour hours, excluding
Sunday and holidays. The officer’s report will probably be admissible in evidence at the
hearing. His or her presence, therefore, would not be required as a general rule.
C. Dependent Children.
A law enforcement officer may take a child into custody if he or she has reasonable
grounds to believe the child has been abandoned, abused, or neglected or is in immediate
danger. The
officer should deliver the child to a protective investigator, who shall then determine if
the child needs to be placed in a shelter or released.
LAW ENFORCEMENT OFFICERS’ PERSONAL
INFORMATION
In the case of Brayshaw v. City of Tallahassee
,
709 F. Supp. 2d 1244 (2010)
, the
court found that Florida
Statute § 843.17 was unconstitutional. Under § 843.17, any
person who maliciously publishes a law enforcement officer’s residence address or
telephone number without authorization from the officer’s employing agency, with intent
to obstruct, intimidate, hinder or interrupt said law enforcement officer’s official duties,
could be charged with a first degree misdemeanor. The court found that § 843.17
impeded free speech because simply publishing an officer’s phone number or address,
even with intent to intimidate, did not constitute a true threat against the officer.
Police Officer’s Personal Cellular Phones
Today almost everyone has a personal cellular (cell) phone that they carry around all
day, both on and off duty. Accordingly, an attorney can issue a subpoena for an officer’s
personal cell phone records if there exists reason to believe the device might contain
information relevant to the case (public records).
In a case that was decided in New Mexico, the court held that “an officer was an arm
of the State and the officer’s private phone records were within the possession, custody
and control of the State, making them subject to disclosure.” State of New Mexico v.
Marty Ortiz, 146 N.M. 873 (N.M. Ct. App. 2009). In the Ortiz case, the defense’s
theory was that the officer was working with a confidential informant and spoke to the
informant on his personal cell phone prior to initiating a traffic stop of the defendant’s
vehicle. The defense was alleging that the stop was pretextual and lacked probable cause.
The attorney needed the officer’s cell phone information, GPS, etc. to show proof that the
officer made the stop because he and the informant were “out to get” his client. The
defense attorney further argued that the officer did not have an expectation of privacy
concerning his cell phone records while on duty, on patrol, in a marked unit, during an
emergency or arrest situation. The appellate court agreed with the defense and found that
the officer’s personal phone records were relevant and ordered the officer to turn over his
phone. Although this case only affects officers in New Mexico, it can be considered
persuasive authority in any state where there is currently no case law on this subject, such
as Florida.
Recently, in MiamiDade County, defense attorneys have been asking police officers
questions during testimony regarding the use or nonuse of personal cell phones on duty.
During cross
examination, the officers are being asked questions such as: Do you own a cell phone?
Do you carry it with you at all times? Does your cell phone have the capability of
recording video and/or audio? Does your cell phone have a camera? When the officer
responds in the affirmative to these questions, the followup line of questioning becomes:
Why didn’t you videotape the incident that you are testifying about today? Why didn’t
you take any pictures to use as evidence? Wouldn’t your case be stronger had you taken a
video or photographs? Why didn’t you tape my client’s statements? How does the jury
know what really happened that day? In response to these questions, remember to remain
professional and emphasize your training, experience and written reports.
Officers who choose to carry a personal cell phone while on duty are encouraged to
familiarize themselves with their Department’s standard operating procedures.
In addition, officers should be aware that the public can access their personal
information via social media sites. It is very easy to search the internet and view a
Facebook page, Twitter account, etc. Officers should ensure that their accounts are
private and take the necessary steps to protect their personal information.
MARCHMAN ACT
Florida’s Substance Abuse Impairment Act governs the voluntary and involuntary
commitment and treatment for substance abuse. See Fla. Stat. §§ 397.301 to 397.998. The
act is also known as the Hal S. Marchman Alcohol and Other Drug Services Act or the
Marchman Act.
The Act permits a person to be admitted for assessment or treatment for substance
abuse against his or her will in various ways, according to specified procedures and
criteria. Generally, a law enforcement officer may have someone placed in protective
custody if he or she exhibits a need for treatment (1) in a public place or (2) in a way that
attracts the officer’s attention. See Florida Statutes § 397.677.
Basis for Commitment: Pursuant to Florida Statute § 397.675, a person meets the
criteria for involuntary admission if there is good faith reason to believe that the person is
substance abuse impaired or has a cooccurring mental health disorder and, because of
such impairment or disorder:
0 Has lost the power of selfcontrol with respect to substance abuse; and
1 (a) Is in need of substance abuse services and, by reason of substance abuse
impairment, his or her judgment has been so impaired that he or she is
incapable of appreciating his or her need for such services and of making a
rational decision in that regard, although mere refusal to receive such services
does not constitute evidence of lack of judgment with respect to his or her need
for such services; or
0 Without care or treatment, is likely to suffer from neglect or refuse to
care for himself or herself; that such neglect or refusal poses a real and
present threat of substantial harm to his or her wellbeing; and that it is
not apparent that such harm may be avoided through the help of willing
family members or friends or the provision of other services, or there is
substantial
likelihood that the person has inflicted, or threatened to or attempted to
inflict, or, unless admitted, is likely to inflict, physical harm on himself,
herself, or another.
Procedure for Placement: If a person does not consent to assistance, a law
enforcement officer, after giving consideration to that refusal and the person’s expressed
wishes, may take the person to a hospital or a licensed detoxification or addiction
receiving facility (against the person’s will, but without using unreasonable force). In this
situation, the officer may also detain the person (adults only) in a municipal or county jail
or other appropriate detention facility. Such a detention is not considered an arrest. The
officer in charge of the detention facility must notify the nearest appropriate licensed
service provider of the detention within the first eight hours. The facility must arrange
transportation to an appropriate provider with an available bed. An attending physician
must assess persons in protective custody within the first 72 hours to determine the need
for further services. The law enforcement officer must notify the nearest relative of the
person placed in protective custody unless the person is an adult who requests no
notification. Fla. Stat. § 397.6772.
A law enforcement officer acting in good faith when placing someone in protective
custody cannot be held criminally or civilly liable for false imprisonment. Fla. Stat. §
397.6775.
MENTAL HEALTH ACT
FLORIDA STATUTES § 394.463(2)(a)2. provides a law enforcement officer with
the ability to take a person who meets the criteria for involuntary examination (more
commonly referred
to as a “Baker Act”) into custody and deliver him or her to an appropriate or the nearest
receiving facility. One criterion is when a person whose behavior, when seen by an
officer, leads that officer to believe the person is mentally ill and will be a danger to
himself or herself or the community if he or she does not receive any care or treatment.
See § 394.463(1) for the complete definition of involuntary examination criteria. An
officer who takes a person fitting the involuntary examination criteria to a DCF
designated receiving facility must then write a report detailing the circumstances under
which the person was taken into custody. Officers should note that the taking of persons
into custody pursuant to the involuntary examination criteria does not constitute an arrest.
MISSING PERSONS
Missing Person Cases
The initial response to a missing child/adult report is the most crucial aspect of the
entire investigation. Immediate actions taken at first response may determine whether the
child/adult is quickly and safely returned. The following information is to be used as a
guide to assist uniformed officers during their preliminary reporting and investigation of
missing persons:
When to write a report on Missing Person Cases:
A report should be prepared when a missing person adult has been determined to be:
0 A person who is absent under circumstances inconsistent with
wellestablished patterns of behavior (i.e. missing under unexplained circumstances
from their normal residence or any other location that the person is reasonably
expected to be at) and/or is an apparent victim of foul play; e.g., extreme deviation
from character or routine, victim’s vehicle found abandoned, victim’s residence
discovered ransacked.
0 A person who is unaccounted for and who is of diminished mental capacity or suffers
from a mental illness (irreversible deterioration of intellectual faculties such as:
Alzheimer’s disease, dementia) or has a medical condition that without proper care or
medication substantially affects their physical safety or is otherwise potentially life
threatening, even if the absence is known to be voluntary in nature.
1 A person who is unaccounted for and that has demonstrated a potential for suicide.
2 Any incident or circumstance that would lead a reasonable person to believe that
another person may be missing and in danger.
3 There is NO waiting period and there is NO specific length of time that needs to pass
in order to complete a missing persons report. In addition, once the call for service has
been dispatched, the information regarding the missing person shall be transmitted for
inclusion within the Florida Crime Information Center and the National Crime
Information Center (FCIC/NCIC) databases within two hours.
A report should NOT be prepared when:
0 An arrest warrant or pickup order for violation of law has
been issued absent of unusual circumstances.
0 The person is 18 years or older and has voluntarily left.
1 The reporter is the landlord or employer of the person, unless strong suspicion of
foul play exists.
Missing Person – Juvenile
When interviewing a person making a report regarding a missing juvenile:
0 Confirm that the child is missing. Ask the following questions:
0 Who last saw the child and when?
1 Is there a custody order in place?
2 What are the circumstances of the disappearance?
3 Based on the age and developmental stage, where and how far would the child
travel?
4 Obtain all identifying information and a complete physical description,
including clothing, etc.
5 Obtain current photos.
6 Begin the search for the child, including those areas that family or friends have
already searched.
7 If it is a witnessed abduction, a “Be On the LookOut” (BOLO) broadcast
should be distributed immediately. Provide detailed information on subject(s),
vehicle, etc. and activate an AMBER ALERT.
0 Protect the Scene it could become a crime scene.
0 K9 and Aviation should be requested when applicable and a complete area
canvass must be conducted.
Amber Alert
The Florida “AMBER ALERT” is a program that is designed to broadcast critical
information of a missing or abducted child believed to be in danger, using the Emergency
Alert System (EAS), via commercial radio and television, road signs and other means.
This is a government program managed by the FDLE. To activate an AMBER ALERT
the following five (5) criteria must be met:
0 The child must be under 18yearsofage.
1 There must be a clear indication of an abduction.
2 The law enforcement agency’s preliminary investigation must conclude that the
child’s life is in danger.
3 There must be a detailed description of the child, abductor and/or vehicle to
broadcast to the public.
4 The activation must be recommended by the local law enforcement agency of
jurisdiction.
AMBER ALERT is not to be used for runaways or family abductions unless
investigation determines the child’s life is in immediate danger.
Missing Child Alert
The Florida Missing Child Alert was established in 2003 to provide law enforcement
with a tool to quickly disseminate information when a child is missing and believed to be
in lifethreatening danger, but there is no indication that the child has been abducted.
The Missing Child Alert is a mediafocused emergency broadcast designed to engage
the public in the search for the missing child.
A Missing Child Alert may evolve into an AMBER Alert if the law enforcement
investigation later reveals an indication that the child has been abducted. In these
instances, the Missing Child Alert can serve as a mechanism to begin releasing
information to the public while law enforcement continues to investigate the cause of the
disappearance.
To activate a Missing Child Alert, the following four (4)
criteria must be met:
0 The child must be under 18yearsofage.
1 The law enforcement agency’s preliminary investigation must conclude that the
child’s life is in danger.
2 Descriptive information and a photograph of the child must be available.
3 The agency of jurisdiction must approve the issuance of the Missing Child Alert.
Missing Persons–Escapees
Juveniles and adults who run away from a secure detention,
residential commitment, or court ordered facility, imposed by the court for criminal
purposes and/or criminal adjudication are considered escapees and NOT a missing
person. The escape scenario extends to lawful transportation to and/or from any such
secure facility or residential commitment facility (FSS 944.40). The affected investigative
entity would be responsible for the escapee investigation.
Adults being treated in a medical facility, such as a hospital, who walk away from
their treatment or discharged against medical advice are NOT missing persons, absent
other additional exigent circumstances such as a medically endangered person or a Baker
Act.
Missing Persons–Elderly Adult & Juvenile
pattern approximating concentric circles. More extensive searches shall approximate a
grid pattern with supervisors assigning officers to particular areas.
0 Officers involved in search activities shall note the locations they searched and
provide same information to the primary investigating officer.
1 Officers shall rely on their training and experience to identify locations where a
stalls, storage cabinets, safes, garbage/refuse containers, maintenance/utility closets,
sills/ledges, swimming pools, garages, storage sheds, all manner of motor vehicles
including their storage areas (trunks), trees/shrubbery/landscaping, bodies of water,
culverts, sewers, vacant lots, alleys, construction sites, and abandoned buildings.
2 Every effort shall be made to incorporate redundancy into a search, such as having a
already been searched.
Always conduct a background check through FCIC/NCIC on
3
the missing person to determine if an outstanding warrant or hold exists. If so,
then the individual is a fugitive and NOT a missing person unless there are other
exigent circumstances and/or strong suspicion of foul play exists.
Silver Alert
The Florida “SILVER ALERT” is a statewide initiative based on the Amber Alert
System. The initiative attempts to involve the public in locating a cognitively impaired
driver who has gotten lost. The SILVER ALERT is designed to broadcast critical
broadcast using the Emergency Alert System (EAS) via commercial radio, television,
road signs, etc.
Enforcement.
To activate a SILVER ALERT the following criteria must be met:
0 The person must be 60yearsold and older; or,
1 The person must be 18 to 59yearsold and law enforcement has determined the
missing person lacks the capacity to consent and that the use of dynamic message
signs may be the only possible way to rescue the missing person.
2 The person must have an irreversible deterioration of intellectual faculties (e.g.,
Alzheimer’s disease or dementia) that has been verified by law enforcement.
3 The person must be traveling by motor vehicle with an
identified license plate number or other vehicle information that has been verified
by law enforcement.
PERSONS ON PROPERTY WITHOUT LEGAL CLAIM OR TITLE
Increasingly, officers are responding to calls where owners of residences discover
persons occupying a dwelling that is vacant, and who claim to be legitimate lessees. The
persons occupying the property may have evidence that indicates that they actually leased
the property (a signed lease, payment receipts, etc.). However, the facts may reveal that
the person that leased them the property is not the owner or his/her agent, and had no
right or authority to lease the property. This is a criminal matter. A fraud report must be
prepared for the people who were fraudulently leased the property, who typically have
lost the money they put down for the usual first and last month rent and a security
deposit. A fraud and/or burglary report must be prepared for the true homeowner, who
may have suffered property damage and was deprived the use and income from the
property. In this scenario, the Economic Crimes Bureau (ECB) should be immediately
advised to conduct further investigation and to preserve evidence.
Depending upon the facts of each case, it may or may not be appropriate to use the
trespass after warning statute to remove the persons that leased the property, as no
legitimate landlord tenant relationship exists. Officers must remain mindful that the
warning to depart must be given by the actual owner, the true lessee, or by a person
authorized by the actual owner or true lessee of the premises, in the presence of the
officer, and that the party so
warned refuses to depart.
The final scenario is outright criminal when there is probable cause to believe that the
occupants of the property are trespassing on the property, or have committed a burglary,
i.e. broke the lock box containing the keys, changed the locks and moved in. They may
even be using the residence to commit other crimes, such as dealing narcotics,
prostitution, etc. In this type of instance, additional investigation may be prudent prior to
making an arrest.
As the scenarios described above are usually very complicated and fact dependent,
officers are encouraged to consult with their legal advisors for additional guidance as
needed.
POLICECITIZEN ENCOUNTERS
There are three levels of policecitizen encounters. The first level is called a
“consensual encounter” or a “policecitizen encounter.” A consensual encounter involves
only minimal police contact, and during this encounter a citizen may either voluntarily
comply with a police officer’s requests or choose to ignore them. A citizen is free to
leave at any point in time during a consensual encounter, and the encounter is not
considered a seizure under the Fourth Amendment . United States v. Mendenhall
, 446
U.S. 544 (1980) . Even though there is no specific rule for defining a consensual
encounter, a significant characteristic of this type of encounter is that the officer cannot
hinder or restrict the person’s freedom to leave or freedom to refuse to answer inquiries.
Popple v. State, 626 So.2d 185 (Fla. 1993). An example of a consensual encounter
would be an officer asking an individual in the parking lot of a store for her name and
identification. The police officer
could also ask additional questions such as, “how did the bumper of your car get
damaged?” Provided that the individual felt free to leave and under no obligation to
provide identification or answer the officer’s questions, the encounter would likely be
considered consensual.
The second level is an investigatory stop, which is also commonly known as a “Terry
Stop.” During an investigatory stop, a police officer may reasonably detain a citizen
temporarily if the officer has reasonable suspicion that the person has committed, is
committing, or is about to commit a crime. § 901.151, Fla. Stat.
Factors to be considered
include the time of day, location, suspect’s physical appearance, suspect’s behavior, or
anything unusual that suggests criminal activity. This type of encounter triggers an
individual’s Fourth Amendment
rights, and therefore requires a wellfounded suspicion
of criminal activity. Mere suspicion does not support this type of encounter. An example
of an investigatory stop would be a stop initiated by a police officer of an individual
dressed in all black at night, wearing a knit cap in the summer, carrying a backpack with
a crowbar in hand, found lurking outside of a closed convenience store.
The third level of policecitizen encounters involves the general rule that Fourth
Amendment seizures are reasonable only if based on probable cause to believe that the
individual has committed a crime. Bailey v. United States
, 133 S. Ct. 1031 (2013)
; §
901.151, Fla. Stat.
When determining whether an encounter is considered a consensual encounter or a
seizure under the Fourth Amendment, courts use a “totality of the circumstances”
analysis in which they
ask whether a “reasonable person” would conclude that he or she was free to end the
encounter at any time and depart.
PUBLIC RECORDS
It is the policy of the State of Florida that all state, county, and municipal records are
open for personal inspection and copying by any person. Providing access to public
records is a duty of each agency. § 119.01(1), Fla. Stat.
Furthermore, the law provides
that every person who has custody of a public record shall permit the record to be
inspected and copied by any person desiring to do so, at any reasonable time, under
reasonable conditions, and under supervision by the custodian of the public records.
§
119.07(1), Fla. Stat.
A person who requests copies of records or asks to inspect records
must be acknowledged promptly and the request must be responded to in good faith. A
good faith response includes making reasonable efforts to determine from other officers
or employees within the Department whether such a record exists and, if so, the location
at which the record can be accessed. § 119.07(1)(c), Fla. Stat.
“Public records” means all
documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data
processing software, or other material, regardless of the physical form, characteristics, or
means of transmission, made or received pursuant to law or ordinance or in connection
with the transaction of official business by any agency. § 119.011(12), Fla. Stat.
All public records should be open for personal inspection and copying by any person
unless there is a specific statutory provision making a particular record, or portion of a
record,
exempt from public disclosure or confidential. “Exemption” or “exempt” means a
provision of general law which provides that a specified record or meeting, or portion
thereof, is not subject to the access requirements of § 119.07(1), Fla. Stat, § 286.011, Fla.
Stat., or Art. I, § 24, Fla. Const.
§
119.011(8), Fla. Stat.
A person who has custody of a public record (records custodian) who asserts that an
exemption applies to a part of such record must redact that portion of the record to which
an exemption has been asserted and validly applies, and must provide the remainder of
the record for inspection and copying. § 119.07(1)(d), Fla. Stat. “Redact”
means to
conceal from a copy of an original public record, or to conceal from an electronic image
that is available for public viewing, that portion of the record containing exempt or
confidential information. § 119.011(13), Fla. Stat.
If the records custodian contends that
all or part of the record is exempt from inspection and copying, the records custodian
must state the basis of the exemption, including the statutory citation to an exemption
created by statute. § 119.07(1) (e), Fla. Stat.
If requested by the person seeking to inspect
or copy the record, the records custodian must state in writing and with particularity the
reasons for the conclusion that the record is exempt or confidential. § 119.07(1)(f), Fla.
Stat.
A person who requests copies of records or asks to inspect records should not be
required to provide identification nor should that person be asked why he or she needs the
records. Curry v. State, 811 So. 2d 736, 742 (Fla. 4th DCA 2002). Furthermore, a
person who only requests copies of records or asks to inspect records should not be
required to sign a visitor log or required to sign or complete any type of public records
request form.
However, if a person seeks entry beyond a front desk into an access controlled law
enforcement facility, the Departmental entity’s Standard Operating Procedures should
apply.
For example, should someone approach a front desk and only request to view the
visitor log, front desk personnel must acknowledge the request and allow the person to
see the log after it has been reviewed for any exempt or confidential information and the
corresponding redactions are made. Again, this person should not be required to sign a
visitor log or be required to sign or complete any type of public records request form.
Most of the time, the information in the visitor log would be open for personal inspection
and copying unless the log includes social security numbers (§ 119.071(5)(a), Fla. Stat.
or
a notation that a visitor was a sexual battery victim (§ 119.071(2)(h), Fla. Stat
etc. In that
case, such information must be redacted before the record is presented to the requestor.
Also, if redactions are made all specific statutory exemptions claimed should be noted on
the copy of the visitor log shown to or provided to the requestor.
Occasionally, front desk personnel may note someone’s driver’s license number on a
visitor log. The Office of the Attorney General for Florida has published an opinion
stating that, “A driver’s license number is “personal information” within the scope of
section 119.0712(2), Fla. Stat. and is confidential as it is held and maintained in a “motor
vehicle record” by the Florida Department of Highway Safety and Motor Vehicles. This
information continues to be confidential in the hands of local law enforcement for
permissible uses within the scope of the statute and federal provisions. However, the
statute does not reach to records created by local law enforcement which may contain
such
personal information.” Op. Att’y Gen. Fla. 1010 (2010). Meaning a person’s driver’s
license number is confidential, but law enforcement can use the driver’s license number
for legitimate law enforcement purposes. For these reasons, a driver’s license number
included in agency’s report or log is not confidential or exempt from disclosure and
copying.
The Office of the Attorney General for Florida has published a very helpful booklet
to provide guidance on public records issues. It is titled: Public Records: A Guide for
Law Enforcement Agencies, 2012 Edition and available at myfloridalegal.com.
Public Records of Juvenile Offenders
The Florida Legislature recently revised the laws pertaining to the criminal history
information of juveniles, who have not been adjudicated delinquent of a felony or who
have been found only to have committed misdemeanor offenses. The Legislature made
certain criminal history information relating to a juvenile confidential and exempt from
public record under s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the State
Constitution under ss. 985.04 and 943.053, Florida Statutes.
The Legislature found that was is in the best interest of the public that individuals
with juvenile misdemeanor records are given the opportunity to become contributing
members of society. Furthermore, it found that the presence of an arrest or a
misdemeanor record and certain criminal history information relating to a juvenile’s past
creates an unnecessary barrier to individuals becoming productive members of society,
thus frustrating the rehabilitative purpose of the juvenile system.
Accordingly, the criminal history information relating to a juvenile compiled by the
Criminal Justice Information Program, all information obtained in the discharge of an
official duty by any judge, any employee of the court, any authorized agent of the
department, the Florida Commission on Offender Review, the Department of
Corrections, the juvenile justice circuit boards, any law enforcement agent, or any
licensed professional or licensed community agency representative participating in the
assessment or treatment of a juvenile is confidential and exempt from s. 119.07(1) and s.
24(a), Art. I of the State Constitution, unless such juvenile has been:
a. Taken into custody by a law enforcement officer for a violation of law
which, if committed by an adult, would be
a felony;
0 Charged with a violation of law which, if committed by an adult, would be a
felony;
1 Found to have committed an offense which, if committed by an adult, would be a
felony; or
2 Transferred to adult court pursuant to part X of chapter 985.
§ 943.053 and § 985.04, Fla. Stat.
RECORDING POLICE OFFICERS
Law enforcement officers are seeing an increased frequency of citizens using various
recording devices, such as traditional cameras and video cameras or cellular telephones
with camera and video capabilities, to openly record and document police in the
performance of their duties. Recordings are made of traffic
stops, arrests, public events or any citizen encounter, whether on a sidewalk, roadway or
public park. Many of these recordings and encounters with police are published on social
medial sites or even sold to news outlets.
The First Amendment to the United States Constitution, provides the basis for the
public’s right to record law enforcement officers while performing their duties. It protects
the right to gather information about what government officials do on public property, in
a form that can readily be disseminated and to record matters of public interest. See,
Smith v. City of Cumming , 212 F.3d 1332 (11th Cir. 2000)
Glik v. Cunniffe , 655
and
F.3d 78 (1st Cir. 2011)
. Therefore, peaceful recording by citizens in a public space that
does not interfere with the officer’s performance of their duties, is lawful and
permitted.
In light of these cases, numerous courts have affirmed that citizens have a
Constitutional right to photograph, videotape, or record police officers while they
perform their official duties in public. Specifically, the First Amendment
protects the
right to gather information about what public officials do on public property, and
specifically, a right to record matters of public interest. See
Blackston v. Alabama , 30
F.3d 117, 120 (11th Cir. 1994) (finding that plaintiffs’ interest in filming public meetings
is protected by the First Amendment).
However, courts have also ruled that this First Amendment right is subject to
“reasonable time, place, and manner” restrictions. Thus, although an individual has a
First Amendment right to record police officers, the right to record can also be limited by
reasonable restrictions. For example, an officer may order a citizen to stop recording (or
take reasonable measures to
stop the recording) where the recording would pose an articulable safety risk to the
officer or others, or materially interfere with the officer’s duties. In these scenarios,
officers will need to use extreme caution in determining whether a citizen’s actions are so
egregious as to limit this right.
As recording devices become more prevalent in our society, citizens will continue to
record police officers with increasing frequency. Officers performing their duties in
public should realize that they have no expectation of privacy and must always assume
that they are being recorded while performing their duties. In this regard, officers are
reminded that the mere act of photographing, videotaping, or recording a police officer in
public should not result in an arrest for obstruction of justice and, likewise, officers
should not attempt to destroy the recording device or footage of the event. Furthermore, if
a cell phone is seized or impounded incident to arrest, it is unconstitutional to search
through the device without first obtaining a search warrant or written consent to search.
Officers are also reminded to exercise significant restraint when dealing with citizens
who are recording, especially since it appears that courts will continue to side with
citizens by holding that there is a wellestablished right to record police actions in public.
Florida Statutes § 934.03, commonly known as the Florida Wiretap Statute, only
applies to a recording situation where the person being recorded 1) has an actual
expectation of privacy and
0 where society recognizes that the expectation is reasonable. Consent to record a
conversation is not required, if there is no expectation of privacy. Furthermore, where
there is no
expectation of privacy, Florida Statutes § 934.03
does not apply.
REMOVAL OF MOTOR VEHICLES FROM PRIVATE PROPERTY
Except in rare instances, law enforcement agencies have no jurisdiction relating to
unwanted vehicles on private property. The complainant should be advised that if he or
she wants the offending vehicle removed, the complainant must summon the wrecker and
that the department has no authority or jurisdiction in such cases.
However, law enforcement officers may tow away vehicles that are in violation of
MiamiDade County Code Sections 30388.31.1, Parking prohibited for display for sale,
and 3319.1, Display of vehicles for sale. A violation of these sections is not an
arrestable offense. Essentially, unless the property is properly zoned for that type of
business and the vendor is duly licensed to transact such business, officers may have a
vehicle towed if it is parked on a public or private street, public rightofway, parking lot,
vacant lot or private property for the principal purpose of displaying the vehicle or other
personal property thereon for sale. Section 3319.1 allows for the display of a vehicle for
sale in a residential district if the vehicle is on private property, has a valid state license
plate displayed or a valid registration affixed to the rear window. In a residential district,
no more than one vehicle may be displayed for sale on private property at any given time
on the premises and no more than two vehicles may be displayed for sale on the premises
in one calendar year.
Section 30388.15 of the MiamiDade County Code prohibits
the parking of a vehicle upon any public street or public rightofway for the principle
purpose of: (1) displaying the vehicle for sale; (2) washing, greasing or repairing such
vehicle, except repairs necessary in an emergency; (3) displaying advertising; (4) selling
merchandise from such vehicle except in a duly established market place, or when so
authorized or licensed under the ordinances of this County; or (5) storage, or as junkage
or dead storage for more than twentyfour hours.
Section 30202 of the MiamiDade County Code defines a vehicle as “every device,
in, upon, or by which any person or property is or may be transported or drawn upon a
highway, excepting devices used exclusively upon stationary rails or tracks. The term
shall include, but is not limited to, boats mounted on trailers, recreational vehicles and
motor homes.”
Any vehicle in violation of sections 30388.31.1 and 30388.15 shall be towed if not
removed by the owner. The owner of the vehicle cannot be arrested for the violation,
however, all violations of these sections shall be punishable by a fine of one hundred
dollars for the first vehicle on the first offense and five hundred dollars per vehicle for
each additional vehicle and any repeat violation.
REPOSSESSION
Creditor SelfHelp
Can the creditor lawfully resort to selfhelp in reclaiming property that is the subject
of a “retain title” sales contract before the entry of judgment requiring the return of the
property by the
buyer?
The controlling statute on this point is from the Uniform Commercial Code and is
codified under Florida law as § 679.609. This statute gives a secured party after a default
the right to take possession of the collateral. In taking possession a secured party may
proceed without judicial process if this can be done without breach of the peace. Without
removal, a secured party may render equipment unusable, and may dispose of collateral
on the debtor’s premises under § 679.610.
Selfhelp repossessions are lawful if they can be accomplished without a breach of
In Northside Motors, the Florida Supreme Court discussed what constituted a breach of
the peace. The great majority of courts find unauthorized entries into the debtor’s
residence to be breaches of the peace, and many find entry into his or her place of
business or garage to be such a breach. As one moves from the residential threshold to
becomes more tenuous. We have found no case which holds that the repossession of an
automobile from a driveway or a public street (absent other circumstances, such as the
debtor’s physical objection bars repossession even from a public street.
identification card issued by their employer when on duty. § 493.6111, Fla. Stat.
professional
repossessors make it a point to advise the police departments having jurisdiction of their
intention to repossess a certain automobile (or other property). However, prior notice of a
sheriff’s department, having jurisdiction over the location from which the property was
repossessed, be notified within two hours of the repossession. § 493.6118(1)(u)5., Fla.
Stat. Failure to do so is a first degree misdemeanor. As earlier stated, absent a writ of
replevin or other court order entitling the creditor to the assistance of the sheriff, there
can be no repossession over the express objection of the debtor, even where it might
involve taking or removing an automobile from a public street. If the debtor is not present
and the creditor can remove the vehicle either from the street or from the driveway
without incident, he may lawfully do so. Police officers who observe such an operation
would be entitled to demand strict proof of identity and purported authority. In the case of
a dispute or confrontation regarding a repossession occurring on public property, if the
vehicle has already been attached to the towing vehicle, is on the repossession vehicle, or
is driven (or about to be driven) by an employee of the recovery agency, the repossession
is lawful and the police officer should leave the vehicle in the possession of the
repossesser. However, if there is a dispute or confrontation regarding a repossession from
private property, and the vehicle is still physically located on private property, this
constitutes a breach of the peace and the repossesser cannot lawfully take the vehicle.
SEARCH AND SEIZURE
The Fourth Amendment to the U.S. Constitution
and Article I
Section 12 , of the
Florida Constitution govern the law of search and seizure in the State of Florida. The
penalty for an unlawful seizure is “suppression of the evidence,” and in addition, under
the “fruit of the poisonous tree doctrine,” Wong Sun v. United States, 371 U.S. 471
(1963), evidence which is discovered as a result of information gained by the unlawful
seizure will also be suppressed. Any search or seizure not based upon a warrant is
considered unreasonable unless an exception exists, e.g., consent, exigent circumstances,
vehicle search, stop and frisk, etc. The burden of proving any such warrantless search and
seizure is always on the government. Therefore, a warrant is recommended when
practicable, and a detailed report should always be written whenever a warrantless search
or seizure is effectuated.
Consent to Search Shared Premises
The United States Supreme Court held that police could conduct a warrantless search
with the consent of an occupant who possesses common authority over the premises even
if another occupant has objected to the search but is physically absent from the premises
due to a lawful detention or arrest. Fernandez v. California, 134 S. Ct. 1126, 1130
(2014).
This is further expanded upon in Georgia v. Rudolph ,
126 S. Ct. 1515 (2006)
where
the United States Supreme Court held that a warrantless search was unreasonable as to a
defendant who was physically present and expressly refused to consent. In Georgia, the
defendant’s estranged wife gave police permission to search the marital residence for
items of drug use after defendant, who was also present, had unequivocally refused to
give consent. The
Supreme Court held that consent given by one occupant is not valid in the face of the
refusal of another physically present occupant. However, in United States v. Matlock
,
415 S. Ct. 988 (1974) , entry made
with the permissibility of one co
occupant in the
other’s absence was authorized.
Warrantless Search of Cell Phones Seized Incident to Arrest
The U.S. Supreme Court recently held in Riley v. California, 134 S. Ct. 2473
(2014), that although a cell phone can be seized as part of a search incident to arrest,
the information contained in the cell phone, absent exigent circumstances, cannot be
viewed or accessed in any way without a warrant. This holding is the same as the
Florida Supreme Court’s holding in Smallwood v. State, 113 So. 3d 724, (Fla. 2013).
In Smallwood, the defendant was arrested pursuant to a warrant for armed robbery.
The defendant’s phone was seized by the arresting officer during a search incident to
arrest. After placing the defendant securely in a police vehicle, the arresting officer
accessed data on the phone. Just before trial, the officer told the prosecutor about the
evidence he had seen on the phone, and the prosecutor obtained a warrant to view those
images. Those images included pictures of a gun matching the description of the gun
used in the robbery and money bundled the same way as the stolen money. The defendant
filed a motion to suppress, arguing that cell phones mandated a higher level of privacy
interests and could not be accessed even during a search incident to arrest without a
warrant prior to the initial search.
Applying the reasoning in Arizona v. Gant, 556 U.S. 332
(2009), the Florida Supreme Court held that “while the searchincidenttoarrest warrant
exception is still clearly valid, once an arrestee is physically separated from any possible
weapon or destructible evidence, this exception no longer applies. Smallwood, p. 21.
Accordingly, it is unconstitutional to search a cell phone as part of a search incident to
arrest when the search is not needed for officer safety and there are no exigent
circumstances. Such a warrantless search constitutes a violation of the Fourth
Amendment prohibition against unreasonable searches and seizures.
Entry of Premises to Effect an Arrest
“Entering one’s home without legal authority and neglect to give the occupants
notice have been condemned by the law and the common custom of this country and
England from time immemorial,” Benefield v. State, 160 So. 2d 706 (Fla. 1964).
The police officer who is required in the course of duty to enter upon the premises of
another for the purpose of executing a search warrant or effecting an arrest with or
without warrant is, in most instances, required to give notice of his office and the purpose
of his presence.
Florida Statutes § 901.19(1) provides:
“If a peace officer fails to gain admittance after he or she has announced his or her
authority and purpose in order to make an arrest either by warrant or when authorized
to make an arrest for a felony without a warrant, the officer may use all necessary and
reasonable force to enter any building or property where the person to be arrested is or is
reasonably believed to be.”
Florida courts recognize several exceptions to this announcement requirement,
including instances where officers believe that persons within are in imminent peril of
bodily harm, or where officers believe that persons within are engaged in activities which
indicate that an escape or destruction of evidence is being attempted or would be
attempted. Benefield v. State
,
160 So. 2d 706 (Fla. 1964)
.
The preceding statute is only applicable for arrests with a warrant and for warrantless
arrests due to exigent circumstances or in hot pursuit. The ruling in
Payton v. New York ,
445 U.S. 573 (1980) prohibits
warrantless and nonconsensual entries into a
suspect’s home in order to make a routine felony arrest. An arrest warrant for the
person coupled with reasonable grounds to believe the person is in the residence is
necessary to effect an arrest of the person in his residence. If the suspect to be arrested is
believed to be located at a third party’s residence, an arrest warrant as well as a search
warrant is required. Steagald v. United States, 451 U.S. 204 (1981).
Generally, Florida case law prohibits an officer from forcibly entering a private
residence to effect an arrest for a misdemeanor, even if the crime is committed in the
officer’s presence. Ortiz v. State, 600 So. 2d 530 (Fla. 3d DCA 1992).
There is no single definition describing all situations that may constitute “exigent
circumstances.” However, any situation in which articulable facts exist which indicate
that the safety of officers or other persons will be jeopardized, or that escape or flight will
be likely if an arrest is not made without delay, may constitute exigent circumstances. On
the other hand, inconvenience, manpower shortages, or administrative obstacles
to procuring a warrant would not be recognized as exigent circumstances.
Entry of Premises to Execute Search Warrant
Florida Statutes § 933.09 provides:
“The officer may break open any outer door, inner door or window of a house, or any
part of a house or anything therein, to execute the warrant, if after due notice of the
officer’s authority and purpose he or she is refused admittance to said house or
access to anything therein.”
The officer should note that exceeding his or her authority or exercising it with
unnecessary severity in the execution of the search warrant is a misdemeanor. § 933.17,
Fla. Stat.
Noknock warrants are without legal effect in Florida. State v. Bamber, 630 So. 2d
1048 (Fla. 1994). The determination of whether or not it is reasonable for police to enter
without knocking and announcing their authority must be evaluated at the time of entry.
Florida recognized four exceptions to the knock and announce rule; (1) where the person
within already knows of the officer’s purpose and authority; (2) where officers are
justified in the belief that the persons within are in imminent peril of bodily harm; (3)
where an officer’s peril would have been increased had the officer demanded entrance
and stated purpose; (4) where officers believe that persons within are engaged in
activities which indicate that an escape or destruction of evidence is being attempted or
would be attempted.
Search of Person/Premises Incident to Lawful Arrest
When a lawful arrest is made without a warrant, an officer may search the person
arrested and the area within his or her immediate control, which means the area
immediately surrounding the person where the person might gain possession of a weapon
or evidence which can be destroyed. Chimel v. California, 395 U.S. 752 (1969).
Any containers carried by the person arrested may also be searched contemporaneous
to the person’s arrest. After an inhouse arrest, officers may “look into” closets or other
places immediately adjoining the place of arrest from where an attack could be launched,
without probable cause or reasonable suspicion.
Officers may also conduct a protective sweep of the rest of the premises after an in
home arrest if there is reasonable suspicion based on articulable facts that the area to be
swept harbors an individual posing a danger to those on the arrest scene, but in no event
no longer than is necessary to dispel the suspicion or complete the arrest and depart the
premises. Maryland v. Buie, 494 U.S. 325 (1990). Such a protective sweep is not a full
search of the premises, but only a cursory inspection of those spaces where a person may
be found. However, officers may still seize items of evidence during the sweep pursuant
to the plain view doctrine.
If the suspect is arrested outside his or her premises, you may not take him or her
inside the premises in order to search the inside of the premises. A protective sweep of a
home, incident to an arrest occurring just outside that home requires that the officers have
articulable facts, not a mere hunch, that would warrant a reasonable belief that the rooms
they intended to search harbored
a dangerous individual posing a threat to those on the arrest scene. Mestral v. State, 16
So. 3d 1015 (Fla. 3d DCA 2009). In Mestral, a warrantless protective sweep of the
defendant’s home following his detention in his front yard was found to be impermissible
because the officers entered the home as part of a routine procedure and not based on any
articulable facts which would warrant a reasonable belief that there was a dangerous
person in the home.
It is still possible to obtain a valid consent to search the premises. The better
practice is to secure the premises, obtain a search warrant, return to the scene, execute
the search warrant, and conduct the search.
If you anticipate making an arrest at a subject’s home, office, or other premises and
you want to conduct a complete search of the entire premises after the arrest, you
should first obtain a valid search warrant.
Motor Vehicles – Passengers on Traffic Stops
In Arizona v. Johnson, 555 U.S. 323 (2009), the U.S. Supreme Court held that,
during a lawful traffic stop, all passengers are “seized” from the moment a car is stopped
by the police. The Court stated that “[t]he temporary seizure of driver and passengers
ordinarily continues, and remains reasonable, for the duration of the stop.” The Court also
found that, during a traffic stop, passengers are not free to terminate their encounter with
police and cannot leave the scene of a traffic stop.
It is up to the discretion of the officer to allow any passengers to remain in the car, to
order them out of the car, or to otherwise
control them for safety purposes.
However, officers are advised that other factors such as handcuffs, detention in a
police vehicle, and a lengthy stop could result in an “arrest,” which may ultimately be
found to have occurred without probable cause.
Motor Vehicles – Questioning and Requesting Identification From Passengers on
Traffic Stops
A “Terry stop” – named after the landmark case of Terry v. Ohio, 392 U.S. 1 (1968)
– is a brief detention of a person based on reasonable suspicion of involvement in
criminal activity, which is less than the probable cause required for an arrest and search
incident to arrest. Reasonable suspicion depends on the totality of the circumstances, and
both federal and state law require that officers be able to articulate the specific facts that
support their reasonable suspicion.
The Supreme Court has long viewed the typical traffic stop to “resemble, in duration
and atmosphere, the kind of brief detention authorized in Terry
.”
Berkemer
v.
McCarty , 468 U.S. 420
(1984) . Like the reasonable suspicion that criminal activity is
afoot in the Terry context, the detection of a traffic violation permits officers to effect a
limited seizure of the driver and any passengers consistent with the Fourth Amendment.
Based on the above, officers are reminded that during a traffic stop, they may ask any
passenger for identification or to identify himself/herself. However, refusing to provide
identification or refusing to identify oneself is not a crime in Florida unless there is
probable cause that the person has committed, is committing, or
is about to commit a crime (in which case, the passenger could be charged with Resisting
Officer Without Violence). Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S.
177 (2004). Accordingly, officers may not arrest a passenger solely on the failure to
identify himself/herself.
Motor Vehicles Search Incident to Lawful Arrest
The passenger compartment of a motor vehicle and any open, closed, or locked
containers found therein may be searched incident to a lawful arrest of an occupant. New
York v. Belton, 453 U.S. 454 (1981). Similarly, an officer may search the vehicle’s
passenger compartment incident to arrest even when the officer does not make contact
with the subject until he or she has already left the vehicle. Thornton v. U.S., 541 U.S.
615 (2004). This premise was expounded upon in 2009 when the Supreme Court of the
United States imposed new limitations on a police officer’s ability to search a vehicle
incident to arrest. Arizona v. Gant, 556 U.S. 332 (2009).
In Gant, the Court held that police may search the passenger compartment of a
vehicle incident to a recent occupant’s arrest only if it is reasonable to believe that the
arrestee might access the vehicle at the time of the search or that the vehicle contains
evidence related to the arrest. In the case, police officers who had prior knowledge that
Gant had an outstanding warrant for driving with a suspended license observed him be
hind the wheel of a motor vehicle. Officers watched Gant park at the end of the drive
way, get out of his car, and shut the door. He was then arrested and handcuffed 10to12
feet away from his car. After placing Gant in the back of a patrol car, two officers
searched his car and
discovered a bag of cocaine in the pocket of a jacket on the backseat. Officers charged
Gant with drug related offenses.
The trial court held that the search was permissible as a search incident to arrest, and
Gant was convicted. The Arizona Supreme Court reversed, finding that the search of
Gant’s car was unreasonable because the justifications permitting a search incident to
arrest (protection of officers and preservation of evidence) no longer exist when the
arrestee is handcuffed, secured in the back of a patrol car and under the supervision of an
officer. The United States Supreme Court granted certiorari (review) and agreed with the
decision of the Arizona Supreme Court finding the search unreasonable.
In reaching its decision, the Supreme Court considered well established case law
regarding searches incident to arrest and vehicle searches. Chimel v. California, 395
U.S. 752 (1969); New York v. Belton, 453 U.S. 454 (1981). Under Chimel, police may
search incident to arrest only the space within an arrestee’s “immediate control,” meaning
“the area from within which he might gain possession of a weapon or destructible
evidence.” Chimel at 763. This limiting definition “ensures that the scope of a search
incident to arrest is commensurate with its purposes of protecting arresting officers and
safeguarding any evidence” related to the arrest that an arrestee might conceal or destroy.
Id.
The Court then considered the Chimel rule in the context of an automobile search. In
Belton, a lone police officer stopped a speeding car containing four occupants. Upon
establishing probable cause that the occupants had committed a drug offense (e.g., smell
of marijuana, plain view of envelop marked “Supergold”), the officer ordered the
occupants out of the vehicle,
separated them, placed them under arrest, patted them down, and searched the vehicle.
The officer did not handcuff the arrestees and they remained in proximity to the subject
vehicle. The Supreme Court upheld this search ruling that when an officer lawfully
arrests “the occupant of an automobile, he may, as a contemporaneous incident of that
arrest, search the passenger compartment of the automobile” and any containers therein,
based in large part on the assumption that the items within the passenger compartment of
a vehicle are generally within the arrestee’s immediate reach. Belton at 460.
The Court’s ruling in the Gant case serves to reconcile the above principles of Fourth
Amendment law and narrow the scope of a search of a vehicle incident to arrest.
Accordingly, police are authorized to search a vehicle incident to a recent occupant’s
arrest only when the arrestee is unsecured and within reaching distance of the
passenger compartment at the time of the search. Further, a vehicle search is also
justified incident to a lawful arrest when it is reasonable to believe that evidence relevant
to the arrest might be found in the vehicle.
In order to conduct a search of a vehicle incident to arrest, officers must be able to
clearly articulate facts indicating that:
0 the arrestee could have accessed the vehicle at the time of the search; or
1 that evidence of the offense (i.e., drugs, stolen property, etc) for which the
subject was arrested might be found therein.
Officers are reminded that this holding does not modify the principles governing
search incident to arrest of a person or vehicle inventory searches following arrest.
In addition, no search may be made of the trunk incident to the same arrest unless
there is independent probable cause or a lawful inventory search is conducted pursuant to
the passenger compartment.
Motor Vehicles Search Based Upon Probable Cause
If there is probable cause that a vehicle contains fruits or instrumentalities of a crime,
or contraband, the entire vehicle, including any locked or unlocked containers, may be
searched. California v. Acevedo, 500 U.S. 565 (1991); U.S. v. Ross, 456 U.S. 798
(1982); Carroll v U.S., 267 U.S. 132 (1925).
0 A vehicle not on private property can be searched without a warrant if the search
warrant) that the vehicle contains the items sought.
1 The scope of a warrantless search of a vehicle based on probable cause that the
vehicle contains the items sought is the same as that of a vehicle search pursuant to a
warrant, that is, all areas or containers in the vehicle that may contain the articles sought
may be examined.
If probable cause exists that a container within the vehicle contains contraband or
2
evidence, the police may, under the Fourth Amendment, conduct a warrantless search for
that container, and if located within the vehicle, may then search that container. Probable
cause that contraband or evidence may be found in a specific container would not permit
a general search of the entire
vehicle, unless such information leads to a reasonable belief that contraband or evidence
may be located otherwise within the vehicle. California v. Acevedo, 500 US 565 (1991).
0 Once a motor vehicle has been lawfully stopped, an officer may order the driver
and/or any passenger(s) to exit the vehicle. Pennsylvania v. Mimms, 434 U.S. 106
(1997); Maryland v. Wilson, 519 U.S. 408 (1997). Any pat down or search of the driver
and/or passenger(s) must still be based on reasonable suspicion or probable cause. A
police officer conducting a lawful traffic stop may order a passenger who has left the
stopped vehicle to return to and remain in the vehicle until completion of the stop. U.S. v.
Williams, 419 F.3d 1029 (9th Cir. 2005).
Motor Vehicles Search Based Upon Consent
The United States Supreme Court has held a search to be lawful when police receive
general consent to search a vehicle for narcotics, and thereupon, without specific
permission, open closed containers found in the vehicle that might reasonably hold the
object of their search. Florida v. Jimeno, 500 U.S. 248 (1991).
The object of such a search must reasonably be susceptible of being found within
such containers, and the officer must have expressed what the object of the search is to
the person giving consent.
General consent to search a vehicle would ordinarily not extend to locked containers,
nor to the trunk of a vehicle. You must make it clear that you intend to search a person’s
trunk in order for valid consent to be given. Officers should use plain language (i.e., “Can
I search your vehicle?”) when requesting consent to search and
avoid phrases which can subsequently be misinterpreted.
Consent must always be freely, voluntarily, and knowingly given, and cannot be the
product of any duress or coercion. It is the state’s burden to prove the legality of consent,
so the circumstances surrounding the consent should always be included in the police
report for future reference.
Pretext Seizures/Stops
The United States Supreme Court has ruled that a police officer, having probable
cause to stop a vehicle for any traffic violation, may do so even if the officer has an
ulterior motive for making the stop. Whren v. United States, 517 U.S. 806 (1996). This
holding applies to all traffic stops, whether or not the officer is in a marked or unmarked
vehicle. In Whren, the officers were in plain clothes in an unmarked car patrolling an
area of high drug activity.
Plain View Seizures
While there are many complex and disputed issues concerning “plain view,” there are
some clear principles which can be followed in determining whether a “plain view”
seizure of an item will be proper.
Under the plain view doctrine, a police officer may properly seize evidence or
contraband without a warrant if (1) an officer makes a lawful initial intrusion into an area
and is lawfully in a position from which to view an object; and (2) the object’s
incriminating character is immediately apparent, that is, the
officer has probable cause to believe the object is evidence of a crime or contraband.
Minnesota v. Dickerson , 508 U.S. 366
(1993) ; Horton v. California
, 496 U.S. 128
(1990) .
If these two factors are present, and the officer is already lawfully inside a
constitutionally protected area, the item may immediately be seized without a warrant. If
the officer is outside of the protected area at a lawful vantage point, the observation and
surrounding probable cause merely supply the officer with grounds to secure a warrant to
enter and seize the object unless the entry can be justified under some other exception to
the warrant requirement.
Consensual Encounters
The stop of a person is a seizure, but all citizen contacts are not stops which
implicate the Fourth Amendment.
A person is seized (stopped) when a reasonable person in his or her position would
believe he or she was not free to terminate the encounter and go about his or her
business.
In order to implicate the Fourth Amendment, the stop must be due to physical force
of the officer or a submission to lawful authority at the command of the officer.
Officers must be aware that a show of authority, including something as slight as
ordering a person to remove their hands from their pockets will convert a consensual
encounter into a stop requiring articuable suspicion.
A citizen or consensual encounter is not a stop, and typically occurs when an officer
approaches a person and asks if the person
is willing to speak with him or her. No reasonable suspicion or probable cause is needed
to approach someone in a consensual encounter.
However, as there is no reasonable suspicion or probable cause to hold the
individual, the individual is free to terminate the encounter and leave. The person does
not have to speak with the police, should he or she choose not to.
If, on the other hand, reasonable suspicion to detain the person is developed as a
result of the consensual encounter, the officer may continue the investigation, and if
probable cause is developed, the officer may make an arrest.
If an encounter is later viewed to be a stop (a seizure of the person), then the stop
must be justified under the Fourth Amendment or else the fruit of the poisonous tree
doctrine applies, and all evidence produced as a result of that illegal stop will be
suppressed.
Stop and Frisk
General
The Florida Stop and Frisk Law, § 901.151(2) and (5) Florida Statutes, reads in part:
0 “Whenever any law enforcement officer of this state encounters any person under
circumstances which reasonably indicate that such person has committed, is
committing, or is about to commit a violation of the criminal laws of this state, or the
criminal ordinances of any municipality, or of any county, the officer may temporarily
detain such person for the purpose of
ascertaining the identity of the person temporarily detained and circumstances
surrounding the person’s presence abroad which led the officer to believe that the person
had committed, was committing, or was about to commit a criminal offense.”
23 “Whenever any law enforcement officer authorized to detain temporarily any
person under the provisions of subsection
768 has probable cause to believe that any person whom the officer has temporarily
detained, or is about to detain temporarily, is armed with a dangerous weapon and
therefore offers a threat to the safety of the officer or any other person, the officer may
search such person so temporarily detained only to the extent necessary to disclose, and
for the purpose of disclosing the presence of such weapon.” Note: Although the statute
says “probable cause,” case law only requires “reasonable suspicion.”
A. Application.
automobiles. You may have the subject get out of the automobile prior to questioning.
You are not required to give the Miranda warnings prior to using your stop and frisk
procedure, but it will become necessary to give warnings thereafter if a formal arrest is
made and the subject interrogated.
Be publicrelations conscious. If you allow the subject to go free, be sure to explain
your reasons for the stop and frisk.
B. Decision to Make a Stop
including:
Finding the subject in an outofthe ordinary place; e.g.,
0 Standing in a darkened doorway in an alley;
1 Subject is found in a place not usually frequented at that particular hour of the day
or night;
2 The subject fits the description on a bulletin and/or you have knowledge of his or
her criminal record;
3 The subject sees you and tries to hide or generally makes suspicious movements;
4 You notice something odd about the subject’s clothing or his or her vehicle;
5 The subject exhibits any strange behavior.
The Supreme Court has recently decided that flight at the sight of the police in a high
crime area in and of itself constitutes sufficient articulable factors to establish reasonable
suspicion for
an investigative detention under the Fourth Amendment. Illinois v. Wardlow, 528 U.S.
119 (2000).
Remember that you are looking for circumstances which “reasonably indicate” that a
person has committed, is committing, or is about to commit a violation of a criminal law
or ordinance.
You must not act upon the basis of a hunch. Make use of your knowledge,
experience and training as a police officer. The stop and frisk law does not allow an
officer to detain and frisk a person for a suspected violation of noncriminal statutes or
ordinances.
Once you have decided that a stop is appropriate under the circumstances, you should
announce your authority and identify yourself. At that point you may ask for the name
and address of the person and an explanation of his or her actions.
C. Decision to Frisk
These are considerations, among others, to aid you in making a decision to frisk:
0 Is the subject able to give a reasonable account of his or her presence in the area?
1 Is he or she able to show you satisfactory identification?
2 Is he or she “visibly shaken” by your investigation?
3 Does the suspected crime involve the use of weapons?
4 Does anything about his or her behavior or attitude create further suspicion?
5 Are there bulges indicative of concealed weapons?
0 The availability of backup officers and the number of suspects detained.
NOTE: This law is designed for your protection. Your safety should be your first
concern.
Having stopped a subject for temporary questioning, any combination of the above
circumstances could provide the additional articulable factors necessary to establish
reasonable suspicion that the subject is armed and dangerous which would then allow you
to make a patdown (frisk).
D. Length of Detention
If at any time after the onset of the temporary detention authorized by this section,
probable cause for the arrest of subject appears, the subject may be arrested.
If, after inquiry into the circumstances which prompted the temporary detention, no
probable cause for the arrest of subject appears, he or she must be released.
If a valid frisk uncovers an illegal firearm or weapon (§
790.01), place the subject under arrest. Then, incident to the arrest, you may make a
complete search of the suspect’s person. At this time, if you wish to question him or her
further, you must give Miranda rights.
If, in the course of a patdown for the weapons, you should detect narcotics or other
contraband, whose contour or mass makes its identity and criminality immediately
apparent to you based on your experience and training, you may seize the object.
Minnesota v. Dickerson, 508 U.S. 366 (1993)
(referred to as the Plain Feel Doctrine).
F. Testifying in Court
If the “stop” leads to a court appearance, you should use your experience and training
as a police officer to testify as to why you took action. You must also be able to testify as
to why those circumstances look peculiar to police officers if, in fact, they appear
ordinary to the average person on the street.
There are certain points that must be brought out in your testimony to show that the
stop and frisk was in compliance with the law–the circumstances leading you to believe
that:
0A crime had been, was being, or was about to be committed;
1The suspect was or might be armed;
Protective Searches
A decision of the U.S. Supreme Court has clarified the authority of police officers to
conduct limited protective searches of the area around a person, in addition to a
protective frisk of the person, for weapons, when grounds exist that indicate that the
person may be dangerous and have access to a weapon. Michigan v. Long, 463 U.S.
1032 (1983). The decision expands principles previously stated by the Supreme Court in
decisions commonly referred to under the heading of “stop and frisk” cases. See Terry v.
Ohio , 392 U.S. 1 (1968) ; Adams v. Williams , 407 U.S. 143 (1972)
.
The U.S. Supreme Court reversed the decision of the Michigan Supreme Court,
holding that the limited search of the vehicle passenger compartment conducted by the
police officer was proper, and remanding that portion of the Michigan case which found
the seizure of the marijuana from the trunk to be improper for reconsideration in light of
the fact that the initial search was proper. In finding that the protective search conducted
by the officer was valid, the Supreme Court recognized the dangers inherent in roadside
encounters between the police and suspects, and that the danger to officers can arise from
the presence of weapons known by the suspect to be in the area of the encounter, as well
as those concealed on the person of the suspect.
Therefore, when officers possess “a reasonable belief based on specific and
articulable facts which, taken together with the rational inferences from those facts,
reasonably warrant the officer in believing that the suspect is dangerous and the suspect
may gain immediate control of weapons,” a protective search may extend to the
passenger compartment of a vehicle recently occupied by the subject, limited to those
areas where a weapon could be concealed. Michigan v. Long, 463 U.S. at 1049, quoting
Terry v. Ohio, 392 U.S. 1, 21 (1968). The facts of this case
convinced the Supreme Court that the officer did have a reasonable belief that Long
could have posed a danger if allowed to reenter his car. The Court noted the erratic
driving behavior exhibited by Long, his appearance of being under the influence of some
substance and initial refusal to respond to demands to produce a license and registration,
the observation of the knife in the car he was about to reenter, along with the late hour
and remote setting, in finding that the search was reasonable. However, at the same time
they approved the search, the Supreme Court also stated that they were not authorizing
vehicle searches for every investigative stop, but only in those instances where articulable
facts exist to support the search, and only when the search is for weapons.
SHOOTING INTO OR THROWING DEADLY MISSILES
Pursuant to Florida Statutes § 790.19
– Shooting into or throwing deadly missiles
into dwellings, public or private buildings, occupied or not occupied; vessels, aircraft,
buses, railroad cars, streetcars, or other vehicles – an individual shall be guilty of a
seconddegree felony if he or she:
0 Shoots at, within, or into any occupied or unoccupied public or private building
(i.e., there is still a victim if a shot is fired into an unoccupied house or room); or
DCA 1984), the Court found that a grapefruit thrown with sufficient force to
break the windshield of a moving and occupied truck would produce death or
great bodily harm.
Conversely: in H. H. v. State
,
773 So. 2d 122 (Fla. 4th DCA 2000)
, the Court
held that a glass or plastic bottle filled with liquid and thrown by a child,
would not support conviction for shooting or throwing a missile, where the
object did not come close to hitting the officer on his motorcycle and there was
no other evidence that appellant intended it to do so.
The above statute also applies to:
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ4 Vehicles of any kind,
but only if such vehicle is being used or occupied by a person;
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ5 Boats, vessels, ships,
or barges in Florida waters (whether occupied or unoccupied); and
ᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ6 Aircraft flying
through Florida airspace.
NOTE: “Wantonly” means consciously and intentionally, with reckless indifference
to consequences and with the knowledge that damage is likely to be done to some person.
“Maliciously” means wrongfully, intentionally, without legal justification or excuse, and
with the knowledge that injury or damage will or may be caused to another person or the
property of another person. State v. Kettell, 980 So.2d 1061 (Fla. 2008).
SOVEREIGN CITIZENS
Sovereign citizens are antigovernmental networks of loosely
affiliated individuals who believe that they are exempt from federal, state and local
government laws. The sovereign citizen’s ideology challenges the legitimacy of
government. The most common beliefs of sovereign citizens are:
0 All government is illegitimate.
1 Even though they physically reside in the U.S., they are separate or “sovereign”
from the U.S. and do not have to answer to any government authority, including
courts, taxing entities, motor vehicle departments, or law enforcement.
2 They are members of another system of government, either common law,
township, Kingdom of Heaven, etc., that do not answer to any U.S. laws or codes.
3 They have an absolute right to freely travel without having to obey traffic or any
other laws.
4 Infringing on their “rights” is considered an act of war.
Since this ideology is merely a movement, there is no essential hierarchy. However,
there are recruiters, organizers and facilitators that guide new believers through the
tedious and profuse paperwork necessary for establishing their new identity in the
sovereign belief. This paperwork is often presented to law enforcement during
encounters, in an effort to distract the officers. Unfortunately, this distraction has given
them the few seconds needed to engage in violent attacks and confrontations with law
enforcement. Nationwide trends have shown an increase in violent confrontations with
law enforcement, many resulting in death.
Sovereign citizens are also known for using tactics to try to
intimidate law enforcement officers, attorneys and judges. One of their tactics is known
as “paper terrorism,” wherein individuals file bogus liens, and tax forms against law
enforcement officers, attorneys and judges. This tactic floods the court system with
paperwork and causes unnecessary stress on those involved.
Suggestions for Law Enforcement Officers: The following suggestions are based
upon prior law enforcement interactions with sovereign citizens (USE CAUTION):
0 Prior to making contact with a suspected sovereign citizen, request backup.
1 Be alert of the possible presence of concealed weapons.
2 Photograph and seize any fraudulent items.
3 If the subject becomes agitated or hostile, attempt to postpone the confrontation
until additional units arrive, or to a future date and location.
4 If a bodyworn camera is currently taping the incident, advising the subject of this
may deescalate the situration.
5 Due to a strong adherence to their beliefs, arguing political philosophy or legal
interpretations with the subject may only further agitate the subject.
6 Following an encounter with a sovereign citizen, it is suggested that the responding
officers periodically check for possible liens placed on their personal homes.
Officers who come into contact with a sovereign citizen are advised to notify their
local intelligence unit.
USE OF FORCE
Florida Statutes chapter 776, Justifiable Use of Force, proscribes the lawful use of
force for use by law enforcement officers in making arrests and the lawful use of force
for use by civilians in defense of themselves, others and property.
When a person unlawfully and forcefully enters or attempts to enter a dwelling,
residence or occupied vehicle, or removes, or attempts to remove another against that
persons will from the above locations, the law affords the property owner a degree of
protection regarding his or her legal ability to use force. A property owner who uses
defensive force likely to cause death or great bodily harm is presumed to have acted in
reasonable fear of imminent death or great bodily harm when an intruder is found within
or entering the above locations. Further, a person who unlawfully and by force enters or
attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be
doing so with the intent to commit an unlawful act involving force or violence. §
776.013, Fla. Stat.
A person who is not engaged in an unlawful activity and who is attacked in any place
where he or she has a right to be has no duty to retreat, and has the right to stand his or
her ground and meet force with force, including the use of deadly force if warranted. Id.
Florida law provides immunity from criminal prosecution and civil actions to an
individual who uses force as permitted in chapter 776, unless the force was used against a
law enforcement officer acting in the performance of his or her official duties.
§ 776.032,
Fla. Stat.
Battery, Aggravated Battery and Murder
Florida Statutes § 784.03, provides alternative definitions of battery:
23 The actual and intentional touching or striking of another person (“against the
victim’s will”); or
24 the intentional causation of bodily harm to the victim.
As a general rule, the crime of battery occurs whenever one person (“the
perpetrator”) touches or injures the victim without legal excuse or justification.
If, while committing a battery, the perpetrator used a deadly weapon, or if he or she
seriously injured the victim, the perpetrator may be charged with aggravated battery. If
the victim dies of the injuries inflicted on him during an aggravated battery, the
perpetrator can be charged with murder or manslaughter. A periodic review of Florida
Statutes chapters 782 and 784 is recommended.
Legal Justification – Touching or the Use of Force
There are three major exceptions to the general rule that one may not legally touch or
injure another person:
0 Consent (expressed, implied, emergency);
1 SelfDefense; and
2 Arrest.
The consent may be expressed or implied. An example of express consent would be a
situation in which a person accused of
shoplifting protests his or her innocence and asks the store manager or responding officer
to search him or her for the item alleged to have been stolen. In order to serve as
justification for touching, the victim’s consent must have been freely given.
Consent to be touched may be implied from a person’s actions, or implied as a matter
of law from the circumstances. One common situation in which consent is implied as a
matter of law from the circumstances is when the person touched is mentally or
physically incapable of giving actual consent and it is assumed that most people in his or
her position would have consented. For example, when a police officer carries an
unconscious person from a position of peril, such as a burning building, the victim’s
consent will usually be implied as a matter of law, and the police officer will not be held
to have committed a battery.
If touching or force varies in scope or intensity from the consent given or implied, a
battery has occurred unless some other justification exists for the physical contact. For
example, it would be generally implied that an unconscious person has consented to
mouthtomouth resuscitation if it was reasonably believed to have been necessary to
save one’s life. If, however, after having restored the victim’s breathing, the rescuer
kissed the person on the forehead, the rescuer would have committed a battery. The
victim’s consent to being kissed will not be implied, absent special circumstances,
because it was not necessary to the victim’s wellbeing.
Another legal justification for touching or injuring another person is selfdefense.
Any person may use nonlethal force when and to the extent that he or she reasonably
believes that such force is necessary to defend himself or herself or another person from
the unlawful use of force by a third person. The use of deadly force by a private citizen is
justified only if the citizen reasonably believes that such force is necessary to prevent
great bodily harm (to himself or another person) or, to prevent the commission of a
forcible felony. § 776.012, Fla. Stat.
The third major exception to the general rule that a person must not touch or injure
another person exists for police officers in the performance of their lawful duties. As a
general rule, a police officer may cause whatever physical contact or use whatever non
lethal force is necessary to carry out his or her lawful duties. However, all reasonable
alternatives should be exhausted or be clearly ineffective prior to the application of force.
Arrest Situations
The individual who commits a criminal act waives any right to freedom at the time of
the arrest. Since, in a number of cases, the arrestee does not voluntarily consent to be
taken into custody, resistance is often encountered. The police officer faces the choice of
either letting the subject remain at large or applying the necessary force to effectuate a
lawful arrest. The job of bringing the subject before the magistrate may include: (1)
applying handcuffs; (2) placing the subject in a police vehicle; (3) transporting the
subject to a jail facility; and (4) turning the subject over to the custody of jail personnel.
In all these situations there is the possibility that the subject will use various types of
force to neutralize the efforts of the police officer.
Statutory Authorization
Florida Statutes § 776.05 defines the legal levels of force that law enforcement
officers may use in the normal course of their duties. It should be emphasized that when
consent or an emergency is not present, and there is no probable cause to make an arrest,
nonconsensual touching by police may constitute a crime, and may also result in civil
liability. When probable cause for arrest does exist, criminal liability may still occur if
the limits set out by Florida Statutes § 776.05
are exceeded.
Therefore, it is important that officers understand this section of the law thoroughly.
If too little force is used in any arrest situation, the officer may be injured and the subject
may escape; if too much force is used, the officer may incur civil and criminal liability.
Florida Statutes § 776.05 is reproduced in full:
“A law enforcement officer or any person whom the officer has summoned or
directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest
because of resistance or threatened resistance to the arrest. The officer is justified in the
use of any force:
0 Which he or she reasonably believes to be necessary to defend himself or herself or
another from bodily harm while making the arrest;
1 When necessarily committed in retaking felons who have escaped; or
2 When necessarily committed in arresting felons fleeing from justice. However, this
subsection shall not constitute a defense in any civil action for damages brought for the
wrongful
use of deadly force unless the use of deadly force was necessary to prevent the arrest
from being defeated by such flight and, when feasible, some warning had been given,
and:
23 The officer reasonably believes that the fleeing felon poses a threat of death or
serious physical harm to the officer or others; or
24 The officer reasonably believes that the fleeing felon has committed a crime
person.”
The police officer is specially trained to handle violent confrontations, and is not
expected to retreat. Of course, if the odds are overwhelmingly against the officer on the
scene, it is always prudent to make a retreat until reinforcements arrive. But, there is no
legal duty to desist and retreat when an arrest is appropriate and can be done in an
effective manner.
The second sentence of § 776.05 talks about the justified use of force in the
performance of police duties. Technically, this means that whenever any physical injury
or damage occurs as a result of the intentional, legal, official act of police officers, no
crime will occur since the use of force was “justified.” But, a detailed reading of the
second sentence is required since an officer exceeding the law on use of force may find
that his or her actions were not “justified.” If the force was unjustified, a crime results
and/or the officer may be subject to civil liability.
The first clause of the second sentence states that the law enforcement officer “… is
justified in the use of any force….”
This refers to all types of force from pushing, up to and including the use of a firearm
which results in death. Officers should be
aware that the Department Manual, is more restrictive than the state statute. The use of
deadly force is authorized in only a limited number of situations. Use of deadly force in
situations other than those listed in the Department Manual may result in disciplinary
action against the officer.
The second sentence of the section continues that an officer is justified in the use of
any force “…which he or she reasonably believes to be necessary to defend himself or
herself or another from bodily harm while making the arrest…,” Two particular key
phrases must be considered: (1) “… reasonably believes…” and (2) “necessary.”
In each situation where any type of force is used, the officer is constantly receiving
data from his or her surroundings. That data includes many characteristics of the subject
such as size, demeanor, past history of arrests, threats, presence of associates of the
subject, bystanders, etc. Based on all these facts the officer is constantly forming and
reforming a belief as to how much force is necessary to effect an arrest.
The necessary force a police officer must use to take a perpetrator into custody,
prevent bodily injury, prevent property damage or prevent the escalation of a potentially
volatile situation should be evaluated by the totality of the circumstances. Many factors
will determine the necessary use of force required to safely enforce the law. Officer
safety, the safety of the community and the safety of the perpetrator must be a primary
consideration in the decision to use force.
The word “necessary” also includes the skill level of the officer. It is assumed that
police officers have training that is
above that of the average population. While a few citizens may have a higher level of
expertise in the use of the martial arts and weapons, the police are better trained and able
to effect arrests with a lower level of force. The officer may use only that force which is
necessary to effect the arrest. At the beginning of an arrest situation, it may appear to the
officers that minimal force is necessary. But, the actions of the subject may, within a very
short time, indicate that much more force is necessary. Naturally, that necessarily higher
level of force would be justified.
The officer is allowed to use “necessary” force to protect himself or herself or others
from bodily harm. This includes the protection of fellow officers as well as innocent third
parties. The same use of force may also be used when “necessarily committed in retaking
felons who have escaped.” The use of force “when necessarily committed in arresting
felons fleeing from justice” was amended in the 1987 legislative session to reflect the
strict guidelines imposed by the U.S. Supreme Court in Tennessee v. Garner, 471 U.S. 1
(1985). The amendment requires that the officer either reasonably believes that the
fleeing felon poses a threat of death or serious bodily harm to the officer or others, or the
officer reasonably believes that a fleeing felon has committed a crime involving the
infliction or threatened infliction of serious physical harm to another person before use of
force can be justified in arresting fleeing felons. These last two phrases would include the
initial warrant or warrantless arrest of felons, as well as individuals who have escaped
from immediate custody after any arrest has been effected.
An individual who escapes from the custody of a police officer (even after the arrest
for a misdemeanor) would commit a felony
by committing the escape.
Level of Force
In a majority of cases, only some type of physical force will be “necessary” to effect
placing of a hand on the subject’s shoulder and directing his or her hands behind the back
for handcuffing. It may escalate up to the physical pinning of the subject while handcuffs
are applied, use of fists, use of an electronic control device, or use of a firearm. In all
cases the statute indicates that only “necessary force” is justified. Any force more than
that which is “necessary” would be unjustified and a criminal act by the police officer
would occur.
In a criminal case against a police officer where he or she is charged with battery
based upon an allegation of unjustifiable use of force, the State has the burden of proving
that the physical acts of the officer were unjustified. In a civil lawsuit against a police
officer based upon the same allegation, the Plaintiff has the same burden. The defense
must show that the officer’s use of force was justified and lawful.
“Reasonable Use of Force” Department Rules and Training
The legal structure that has been created in Florida Statutes chapter 776 takes into
consideration the complex conditions under which law enforcement officers must work.
The phrases “reasonably believes,” indicates that no liability can result when the officer,
based on his or her training and experience, believes that a certain level of force was
necessary to effect the arrest or
protect other individuals. When the officer is mistaken, but still had a belief based on
reason, his actions would be justified.
There are two sources for the reasonable belief that a particular action is necessary:
(1) facts of the unique situation; and (2) the officer’s experience. The facts of each
situation are always different. The lighting conditions, the actions and demeanor of the
subject, the time of day, the location, etc., may be different from one situation to another.
In one case, it may be necessary to draw a weapon and fire within seconds after arrival,
while in another situation, a light touching of the subject’s shoulder or verbal commands
may be sufficient. But, the training that the officer receives (along with experience that
has been incorporated into various department manuals) is a fairly constant factor.
Training and established procedures constitute a standard for actions that can be
assumed by the officer to be “reasonable and necessary.” Whenever procedures have
been followed by an officer, the presumption is that the officer acted “reasonably.”
The use of deadly force by a police officer is justified when it is reasonably necessary
to defend himself or herself or others from bodily harm, to effect an arrest of a violent
felon, or to prevent a forcible felony. The use of deadly force is not reasonably necessary
using force against animals at a scene. All MiamiDade police officers should become
familiar with Florida Statutes chapter 776 and with the Departmental Manual. Familiarity
with these provisions will reduce the likelihood that the officer will inadvertently use
more force than allowed by law.
WEAPONS
Firearms–Security Guards and Business Premises
The proprietor of a business may keep or carry a firearm concealed or unconcealed
on his business premises. §
790.25, Fla. Stat. The
same rule is applicable to his
employees pursuant to their employment. This statute however, does not exempt security
guards from obtaining a class “G” license as required by § 493.6115, Fla. Stat.
“Business
premises” means the area under the exclusive control or management of the particular
business, including the parking lot. However, such premises would not include the entire
parking lot of a shopping center unless a security company is employed by the shopping
center management to patrol the entire lot. Guards employed by individual businesses
may not carry firearms without first obtaining a class “G” license.
Strictly speaking, a security guard may not wear a firearm going to and from his or
her work assignments. Remember, however, that it is lawful for a person to possess a
weapon or firearm when traveling by private conveyance provided the weapon is securely
encased and not in the person’s manual possession, or not readily accessible for
immediate use. See Florida Statutes § 790.001(16) and (17) for definitions.
The issuance of a license to operate a guard service by the Secretary of State does not
carry with it any “blanket” permit with respect to firearms. Permits are issued to
individuals by the Secretary of State pursuant to applicable sections of the Florida
Statutes.
Any violation of Florida Statutes chapter 493,
except §
493.6405, is punishable as a misdemeanor of the first degree. §
493.6120, Fla. Stat.
Weapons in Motor Vehicles
Officers who encounter a concealed firearm in a personal conveyance should first
determine if the person has a concealed weapons permit and, if not, whether the weapon
was securely
encased or otherwise not readily accessible for immediate use.
Simple Possession of Weapon
There is no penalty for mere possession of a deadly weapon. The carrying of a
concealed weapon or firearm without a concealed weapons permit is a violation of
Florida Statutes § 790.01
.
Exhibition of a weapon, in a rude, careless, angry or threatening manner, not in
necessary selfdefense, is punishable as a misdemeanor of the first degree as provided in
Florida Statutes § 790.10
.
Florida Statutes § 790.053, the law governing the open carrying of weapons, has been
significantly revised effective June 17, 2011. The intent of this revision is to allow
persons who have obtained a concealed weapon or firearm license to openly carry
firearms in the State.
Revised subsection (2) now states, “It is not a violation of this section for a person
licensed to carry a concealed firearm as provided in s. 790.06(1), and who is lawfully
carrying a firearm in a concealed manner, to briefly and openly display the firearm to the
ordinary sight of another person, unless the firearm is intentionally displayed in an
angry or threatening manner, not in necessary selfdefense.” Moreover, subsection
(12) (b) states, “A person licensed under this section shall not be prohibited from
carrying or storing a firearm in a vehicle for lawful purposes.” (Emphasis Added)
State Procedural Laws
Contents
CHAPTER 30 SHERIFFS
30.231. Sheriffs’ fees for service of summons, subpoenas, and executions
CHAPTER 39 PROCEEDINGS RELATING TO CHILDREN
39.01. Definitions
39.401. Taking a child alleged to be dependent into custody; law enforcement
officers and authorized agents of the department
39.906. Referral to centers and notice of rights
CHAPTER 48 PROCESS AND SERVICE OF PROCESS
48.031. Service of process generally; service of witness subpoenas
CHAPTER 90 EVIDENCE CODE
112.19. Law enforcement, correctional, and correctional probation officers; death
benefits
112.532. Law enforcement officers’ and correctional officers’ rights
112.533. Receipt and processing of complaints
112.534. Failure to comply; official misconduct
CHAPTER 117 NOTARIES PUBLIC
117.10. Law enforcement and correctional officers; administration of oaths
CHAPTER 119 PUBLIC RECORDS
119.011. Definitions
119.07. Inspection and copying of records; photographing public records; fees;
exemptions
119.071. General exemptions from inspection or copying of public records
CHAPTER 901 ARRESTS
901.01. Judicial officers have committing authority
901.02. Issuance of arrest warrants
901.04. Direction and execution of warrant
901.09. When summons shall be issued
901.11. Effect of not answering summons
901.15. When arrest by officer without warrant is lawful
901.1505. Federal law enforcement officers; powers
901.151. Stop and Frisk Law
901.16. Method of arrest by officer by a warrant
901.17. Method of arrest by officer without warrant
901.18. Officer may summon assistance
901.19. Right of officer to break into building
901.20. Use of force to effect release of person making arrest detained in building
901.21. Search of person arrested
901.211. Strip searches of persons arrested; body cavity search
901.215. Search of person arrested for identifying device indicating a medical
disability
901.22. Arrest after escape or rescue
901.24. Right of person arrested to consult attorney
901.245. Interpreter services for deaf persons
901.25. Fresh pursuit; arrest outside jurisdiction
901.252. Authority to patrol municipally owned or leased property and facilities
outside municipal limits; taking into custody outside territorial jurisdiction
901.26. Arrest and detention of foreign nationals
901.28. Notice to appear for misdemeanors or violations of municipal or county
ordinances; effect on authority to conduct search
901.29. Authorization to take person to medical facility
901.31. Failure to obey written promise to appear
901.35. Financial responsibility for medical expenses
CHAPTER 903 BAIL
903.22. Arrest of principal by surety before forfeiture
CHAPTER 914 WITNESSES; CRIMINAL PROCEEDINGS
914.15. Law enforcement officers; nondisclosure of personal information
CHAPTER 921 SENTENCE
921.241. Felony judgments; fingerprints and social security
number required in record
CHAPTER 933 SEARCH AND INSPECTION WARRANTS
933.01. Persons competent to issue search warrant
933.02. Grounds for issuance of search warrant
933.03. Destruction of obscene prints and literature
933.04. Affidavits
933.05. Issuance in blank prohibited
933.06. Sworn application required before issuance
933.07. Issuance of search warrants
933.08. Search warrants to be served by officers mentioned therein
933.09. Officer may break open door, etc., to execute warrant
933.10. Execution of search warrant during day or night
933.101. Service on Sunday
933.11. Duplicate to be delivered when warrant served
933.12. Return and inventory
933.13. Copy of inventory shall be delivered upon request
933.14. Return of property taken under search warrant
933.15. Obstruction of service or execution of search warrant; penalty
933.16. Maliciously procuring search warrant to be issued; penalty
933.17. Exceeding authority in executing search warrant; penalty
933.18. When warrant may be issued for search of private dwelling
933.19. Searches and seizures of vehicles carrying contraband or illegal
intoxicating liquors or merchandise
933.20. “Inspection warrant”; definition
933.27. Refusal to permit authorized inspection; penalty
933.28. Maliciously causing issuance of inspection warrant; penalty
CHAPTER 943 DEPARTMENT OF LAW ENFORCEMENT
943.0439. Interviews of victims, suspects, or defendants with autism or an autism
spectrum disorder
943.053. Dissemination of criminal justice information; fees
943.10. Definitions; ss. 943.085943.255
943.1718. Body cameras; policies and procedures
943.326. DNA evidence collected in sexual offense investigations
CHAPTER 984 CHILDREN AND FAMILIES IN NEED OF SERVICES
984.13. Taking into custody a child alleged to be from a family in need of services
or to be a child in need of services
CHAPTER 985 JUVENILE JUSTICE;
INTERSTATE
COMPACT ON JUVENILES
985.04. Oaths; records; confidential information
985.101. Taking a child into custody
985.11. Fingerprinting and photographing
985.115. Release or delivery from custody
985.12. Civil citation
985.25. Detention intake
985.275. Detention of escapee or absconder on authority of the department
985.345. Delinquency pretrial intervention programs
985.6865. Juvenile detention
985.721. Escapes from secure detention or residential commitment facility
RULES OF CRIMINAL PROCEDURE
Rule 3.121. Arrest Warrant
Rule 3.125. Notice to Appear
CHAPTER 30
SHERIFFS
30.231. Sheriffs’ fees for service of summons, subpoenas, and executions.
23 The sheriffs of all counties of the state in civil cases shall charge fixed,
nonrefundable fees for service of process, according to the following schedule:
5888 All summons or writs except executions: $40 for each summons or writ to be
served.
5889 All writs except executions requiring a levy or seizure of property: $50 in
addition to the $40 fee as stated in paragraph (a).
5890 Witness subpoenas: $40 for each witness to be served.
5891 Executions:
5888 Forty dollars for processing each writ of execution, regardless of the number of
persons involved.
5889 Fifty dollars for each levy.
a. A levy is considered made when any property or any portion of the property listed
or unlisted in the instructions for levy is seized, or upon demand of the sheriff the writ is
satisfied by the defendant in lieu of seizure. Seizure requires that the sheriff take actual
possession, if practicable, or, alternatively, constructive possession of the property by
order of the court.
b. When the instructions are for levy upon real property, a levy fee is required for
each parcel described in the instructions.
c. When the instructions are for levy based upon personal
property, one fee is allowed, unless the property is seized at different locations,
conditional upon all of the items being advertised collectively and the sale being held at a
single location. However, if the property seized cannot be sold at one location during the
same sale as advertised, but requires separate sales at different locations, the sheriff may
then impose a levy fee for the property and sale at each location.
0 Forty dollars for advertisement of sale under process.
1 Forty dollars for each sale under process.
2 Forty dollars for each deed, bill of sale, or satisfaction of judgment.
5888 For levying on property and for the seizure of persons, the sheriff shall be
allowed anticipated expenses necessary for the execution of the process directing such
levy or seizure and for the safekeeping of property and persons in the custody of the
sheriff. A reasonable cost deposit to cover said fees and expenses in connection with the
requested services shall be deposited in advance, by the party requesting the service, with
the officer requested to perform the service.
5889 The party requesting service of process must furnish to the sheriff the original
process, a certified copy of the process, or an electronic copy of the process, which was
signed and certified by the clerk of court, and sufficient copies to be served on the parties
receiving the service of process. The party requesting service of process shall provide the
sheriff with the best known address where the person may be served. Failure to perfect
service at the address provided does not excuse the sheriff from his or her duty to
exercise due diligence in locating the person to be served.
5888 All fees collected under paragraphs (1)(a), (b), (c), and (d) shall be
nonrefundable and shall be earned when each original request or service of process is
made.
5889 All fees collected under the provisions of this section shall be paid monthly
into the fine and forfeiture fund of the county.
5890 Fees under this section chargeable to the state or its agencies shall be those
fees that were effective under this section on June 30, 2009.
CHAPTER 39
PROCEEDINGS RELATING TO CHILDREN
39.01. Definitions.
When used in this chapter, unless the context otherwise requires:
0 “Abandoned” or “abandonment” means a situation in which the parent or legal
custodian of a child or, in the absence of a parent or legal custodian, the caregiver, while
being able, has made no significant contribution to the child’s care and maintenance or
has failed to establish or maintain a substantial and positive relationship with the child, or
both. For purposes of this subsection, “establish or maintain a substantial and positive
relationship” includes, but is not limited to, frequent and regular contact with the child
through frequent and regular visitation or frequent and regular communication to or with
the child, and the exercise of parental rights and responsibilities. Marginal efforts and
incidental or token visits or communications are not sufficient to establish or maintain a
substantial and positive relationship with a child. A man’s acknowledgement of paternity
of the child does not limit the period of time considered in determining whether the child
was abandoned. The term does not include a surrendered newborn infant as described in
s. 383.50, a “child in need of services” as defined in chapter 984, or a “family in need of
services” as defined in chapter 984. The incarceration, repeated incarceration, or
extended incarceration of a parent, legal custodian, or caregiver responsible for a child’s
welfare may support a finding of abandonment.
1 “Abuse” means any willful act or threatened act that results
in any physical, mental, or sexual abuse, injury, or harm that causes or is likely to cause
the child’s physical, mental, or emotional health to be significantly impaired. Abuse of a
child includes acts or omissions. Corporal discipline of a child by a parent or legal
custodian for disciplinary purposes does not in itself constitute abuse when it does not
result in harm to the child.
0 “Addictions receiving facility” means a substance abuse service provider as
defined in chapter 397.
1 “Adjudicatory hearing” means a hearing for the court to determine whether or not
the facts support the allegations stated in the petition in dependency cases or in
termination of parental rights cases.
2 “Adult” means any natural person other than a child.
3 “Adoption” means the act of creating the legal relationship between parent and
child where it did not exist, thereby declaring the child to be legally the child of the
adoptive parents and their heir at law, and entitled to all the rights and privileges and
subject to all the obligations of a child born to the adoptive parents in lawful wedlock.
4 “Juvenile sexual abuse” means any sexual behavior by a child which occurs
without consent, without equality, or as a result of coercion. For purposes of this
subsection, the following definitions apply:
0 “Coercion” means the exploitation of authority or the use of bribes, threats of
force, or intimidation to gain cooperation or compliance.
1 “Equality” means two participants operating with the same
level of power in a relationship, neither being controlled nor coerced by the other.
0 “Consent” means an agreement, including all of the following:
5888 Understanding what is proposed based on age, maturity, developmental level,
functioning, and experience.
5889 Knowledge of societal standards for what is being proposed.
5890 Awareness of potential consequences and alternatives.
5891 Assumption that agreement or disagreement will be accepted equally.
5892 Voluntary decision.
5893 Mental competence.
Juvenile sexual behavior ranges from noncontact sexual behavior such as making
obscene phone calls, exhibitionism, voyeurism, and the showing or taking of lewd
photographs to varying degrees of direct sexual contact, such as frottage, fondling, digital
penetration, rape, fellatio, sodomy, and various other sexually aggressive acts.
0 “Arbitration” means a process whereby a neutral third person or panel, called an
arbitrator or an arbitration panel, considers the facts and arguments presented by the
parties and renders a decision which may be binding or nonbinding.
1 “Authorized agent” or “designee” of the department means an employee,
volunteer, or other person or agency determined by the state to be eligible for state
funded risk management coverage,
which is assigned or designated by the department to perform duties or exercise powers
under this chapter.
0 “Caregiver” means the parent, legal custodian, permanent guardian, adult
household member, or other person responsible for a child’s welfare as defined in
subsection (47).
1 “Case plan” means a document, as described in s. 39.6011, prepared by the
department with input from all parties. The case plan follows the child from the provision
of voluntary services through any dependency, foster care, or termination of parental
rights proceeding or related activity or process.
2 “Child” or “youth” means any unmarried person under the age of 18 years who
has not been emancipated by order of the court.
3 “Child protection team” means a team of professionals established by the
Department of Health to receive referrals from the protective investigators and protective
supervision staff of the department and to provide specialized and supportive services to
the program in processing child abuse, abandonment, or neglect cases. A child protection
team shall provide consultation to other programs of the department and other persons
regarding child abuse, abandonment, or neglect cases.
4 “Child who has exhibited inappropriate sexual behavior” means a child who has
been found by the department or the court to have committed an inappropriate sexual act.
5 “Child who is found to be dependent” means a child who, pursuant to this chapter,
is found by the court:
5888 To have been abandoned, abused, or neglected by the
child’s parent or parents or legal custodians;
0 To have been surrendered to the department, the former Department of Health
and Rehabilitative Services, or a licensed childplacing agency for purpose of adoption;
1 To have been voluntarily placed with a licensed childcaring agency, a licensed
childplacing agency, an adult relative, the department, or the former Department of
Health and Rehabilitative Services, after which placement, under the requirements of this
chapter, a case plan has expired and the parent or parents or legal custodians have failed
to substantially comply with the requirements of the plan;
2 To have been voluntarily placed with a licensed childplacing agency for the
purposes of subsequent adoption, and a parent or parents have signed a consent pursuant
to the Florida Rules of Juvenile Procedure;
3 To have no parent or legal custodians capable of providing supervision and care;
4 To be at substantial risk of imminent abuse, abandonment, or neglect by the
parent or parents or legal custodians; or
5 To have been sexually exploited and to have no parent, legal custodian, or
responsible adult relative currently known and capable of providing the necessary and
appropriate supervision and care.
0 “Child support” means enforced under chapter 61 and monetary support for the
care, education of a child.
a courtordered obligation,
0 409.2551409.2597, for maintenance, training, and
0 “Circuit” means any of the 20 judicial circuits as set forth in s. 26.021.
1 “Comprehensive assessment” or “assessment” means the gathering of information
for the evaluation of a child’s and caregiver’s physical, psychiatric, psychological, or
mental health; developmental delays or challenges; and educational, vocational, and
social condition and family environment as they relate to the child’s and caregiver’s need
for rehabilitative and treatment services, including substance abuse treatment services,
mental health services, developmental services, literacy services, medical services, family
services, and other specialized services, as appropriate.
2 “Concurrent planning” means establishing a permanency goal in a case plan that
uses reasonable efforts to reunify the child with the parent, while at the same time
establishing another goal that must be one of the following options:
5888 Adoption when a petition for termination of parental rights has been filed or
will be filed;
5889 Permanent guardianship of a dependent child under s. 39.6221;
5890 Permanent placement with a fit and willing relative under s. 39.6231; or
5891 Placement in another planned permanent living arrangement under s. 39.6241.
0 “Court,” unless otherwise expressly stated, means the circuit court assigned to
exercise jurisdiction under this chapter.
0 “Department” means the Department of Children and Families.
1 “Diligent efforts by a parent” means a course of conduct which results in a
meaningful change in the behavior of a parent that reduces risk to the child in the child’s
home to the extent that the child may be safely placed permanently back in the home as set
forth in the case plan.
2 “Diligent efforts of social service agency” means reasonable efforts to provide
social services or reunification services made by any social service agency that is a party to a
case plan.
3 “Diligent search” means the efforts of a social service agency to locate a parent or
prospective parent whose identity or location is unknown, initiated as soon as the social
service agency is made aware of the existence of such parent, with the search progress
reported at each court hearing until the parent is either identified and located or the court
excuses further search.
4 “Disposition hearing” means a hearing in which the court determines the most
appropriate protections, services, and placement for the child in dependency cases.
5 “Expedited termination of parental rights” means proceedings wherein a case plan
with the goal of reunification is not being offered.
6 “False report” means a report of abuse, neglect, or abandonment of a child to the
central abuse hotline, which report is maliciously made for the purpose of:
5888 Harassing, embarrassing, or harming another person;
0 Personal financial gain for the reporting person;
1 Acquiring custody of a child; or
2 Personal benefit for the reporting person in any other private dispute involving a
child.
The term “false report” does not include a report of abuse, neglect, or abandonment
of a child made in good faith to the central abuse hotline.
0 “Family” means a collective body of persons, consisting of a child and a parent,
legal custodian, or adult relative, in which:
1024 The persons reside in the same house or living unit; or
1025 The parent, legal custodian, or adult relative has a legal responsibility by
blood, marriage, or court order to support or care for the child.
0 “Foster care” means care provided a child in a foster family or boarding home,
group home, agency boarding home, child care institution, or any combination thereof.
1 “Harm” to a child’s health or welfare can occur when any
person:
5888 Inflicts or allows to be inflicted upon the child physical, mental, or emotional
injury. In determining whether harm has occurred, the following factors must be
considered in evaluating any physical, mental, or emotional injury to a child: the age of
the child; any prior history of injuries to the child; the location of the injury on the body
of the child; the multiplicity of the injury; and the type of trauma inflicted. Such injury
includes, but is not limited to:
0 Willful acts that produce the following specific injuries: a. Sprains,
dislocations, or cartilage damage.
b. Bone or skull fractures.
c. Brain or spinal cord damage.
d. Intracranial hemorrhage or injury to other internal organs. e. Asphyxiation,
suffocation, or drowning.
f. Injury resulting from the use of a deadly weapon. g. Burns or
scalding.
h. Cuts, lacerations, punctures, or bites. i.
Permanent or temporary disfigurement.
j. Permanent or temporary loss or impairment of a body part or function.
As used in this subparagraph, the term “willful” refers to the intent to perform an
action, not to the intent to achieve a result or to cause an injury.
0 Purposely giving a child poison, alcohol, drugs, or other substances that
substantially affect the child’s behavior, motor coordination, or judgment or that result in
sickness or internal injury. For the purposes of this subparagraph, the term “drugs” means
prescription drugs not prescribed for the child or not administered as prescribed, and
controlled substances as outlined in Schedule I or Schedule II of s. 893.03.
child’s age or mental or physical condition, so
that the child is unable to care for the child’s own needs or another’s basic needs or is
unable to exercise good judgment in responding to any kind of physical or emotional
crisis.
5888 Inappropriate or excessively harsh disciplinary action that is likely to
result in physical injury, mental injury as defined in this section, or emotional injury. The
significance of any injury must be evaluated in light of the following factors: the age of
the child; any prior history of injuries to the child; the location of the injury on the body
of the child; the multiplicity of the injury; and the type of trauma inflicted. Corporal
discipline may be considered excessive or abusive when it results in any of the following
or other similar injuries:
a. Sprains, dislocations, or cartilage damage.
b. Bone or skull fractures.
c. Brain or spinal cord damage.
d. Intracranial hemorrhage or injury to other internal organs.
e. Asphyxiation, suffocation, or drowning.
f. Injury resulting from the use of a deadly weapon.
g. Burns or scalding.
h. Cuts, lacerations, punctures, or bites.
i. Permanent or temporary disfigurement.
j. Permanent or temporary loss or impairment of a body part or function.
k. Significant bruises or welts.
0 Commits, or allows to be committed, sexual battery, as defined in chapter 794, or
lewd or lascivious acts, as defined in chapter 800, against the child.
1 Allows, encourages, or forces the sexual exploitation of a child, which includes
allowing, encouraging, or forcing a child to:
0 Solicit for or engage in prostitution; or
1 Engage in a sexual performance, as defined by chapter 827.
1024.0 Exploits a child, or allows a child to be exploited, as provided in s. 450.151.
1024.1 Abandons the child. Within the context of the definition of “harm,” the
term “abandoned the child” or “abandonment of the child” means a situation in which the
parent or legal custodian of a child or, in the absence of a parent or legal custodian, the
caregiver, while being able, has made no significant contribution to the child’s care and
maintenance or has failed to establish or maintain a substantial and positive relationship
with the child, or both. For purposes of this paragraph, “establish or maintain a
substantial and positive relationship” includes, but is not limited to, frequent and regular
contact with the child through frequent and regular visitation or frequent and regular
communication to or with the child, and the exercise of parental rights and
responsibilities. Marginal efforts and incidental or token visits or communications are not
sufficient to establish or maintain a substantial and positive relationship with a child. The
term “abandoned” does not include a surrendered newborn infant as described in s.
383.50, a child in need of services as defined in chapter 984, or a family in need of
services as defined in chapter
0 The incarceration, repeated incarceration, or extended
incarceration of a parent, legal custodian, or caregiver responsible for a child’s welfare
may support a finding of abandonment.
5888 Neglects the child. Within the context of the definition of “harm,” the term
“neglects the child” means that the parent or other person responsible for the child’s
welfare fails to supply the child with adequate food, clothing, shelter, or health care,
although financially able to do so or although offered financial or other means to do so.
However, a parent or legal custodian who, by reason of the legitimate practice of
religious beliefs, does not provide specified medical treatment for a child may not be
considered abusive or neglectful for that reason alone, but such an exception does not:
0 Eliminate the requirement that such a case be reported to the department;
1 Prevent the department from investigating such a case; or
2 Preclude a court from ordering, when the health of the child requires it, the
provision of medical services by a physician, as defined in this section, or treatment by a
duly accredited practitioner who relies solely on spiritual means for healing in accordance
with the tenets and practices of a wellrecognized church or religious organization.
0 Exposes a child to a controlled substance or alcohol. Exposure to a controlled
substance or alcohol is established by:
0 A test, administered at birth, which indicated that the child’s blood, urine, or
meconium contained any amount of alcohol or a controlled substance or metabolites of
such substances, the presence of which was not the result of medical treatment
administered to the mother or the newborn infant; or
0 “Institutional child abuse or neglect” means situations of known or suspected
child abuse or neglect in which the person allegedly perpetrating the child abuse or
neglect is an employee of a private school, public or private day care center, residential
home, institution, facility, or agency or any other person at such institution responsible
for the child’s care as defined in subsection (47).
1 “Judge” means the circuit judge exercising jurisdiction pursuant to this chapter.
2 “Legal custody” means a legal status created by a court which vests in a custodian
of the person or guardian, whether an agency or an individual, the right to have physical
custody of the child and the right and duty to protect, nurture, guide, and discipline the
child and to provide him or her with food, shelter, education, and ordinary medical,
dental, psychiatric, and psychological care.
3 “Licensed childcaring agency” means a person, society, association, or agency
licensed by the department to care for, receive, and board children.
4 “Licensed childplacing agency” means a person, society, association, or
institution licensed by the department to care for, receive, or board children and to place
children in a licensed childcaring institution or a foster or adoptive home.
5 “Licensed health care professional” means a physician licensed under chapter
458, an osteopathic physician licensed under chapter 459, a nurse licensed under part I of
chapter 464, a physician assistant licensed under chapter 458 or chapter 459, or a dentist
licensed under chapter 466.
0 “Likely to injure oneself” means that, as evidenced by violent or other actively
selfdestructive behavior, it is more likely than not that within a 24hour period the child will
attempt to commit suicide or inflict serious bodily harm on himself or herself.
1 “Likely to injure others” means that it is more likely than not that within a 24
hour period the child will inflict serious and unjustified bodily harm on another person.
2 “Mediation” means a process whereby a neutral third person called a mediator
acts to encourage and facilitate the resolution of a dispute between two or more parties. It is
an informal and nonadversarial process with the objective of helping the disputing parties
reach a mutually acceptable and voluntary agreement. The role of the mediator includes, but
is not limited to, assisting the parties in identifying issues, fostering joint problem solving,
and exploring settlement alternatives.
3 “Medical neglect” means the failure to provide or the failure to allow needed care
as recommended by a health care practitioner for a physical injury, illness, medical condition,
or impairment, or the failure to seek timely and appropriate medical care for a serious health
problem that a reasonable person would have recognized as requiring professional medical
attention. Medical neglect does not occur if the parent or legal guardian of the child has made
reasonable attempts to obtain necessary health care services or the immediate health condition
giving rise to the allegation of neglect is a known and expected complication of the child’s
diagnosis or treatment and:
0 The recommended care offers limited net benefit to the
child and the morbidity or other side effects of the treatment may be considered to be
greater than the anticipated benefit; or
5888 The parent or legal guardian received conflicting medical recommendations
for treatment from multiple practitioners and did not follow all recommendations.
0 “Mental injury” means an injury to the intellectual or psychological capacity of a
child as evidenced by a discernible and substantial impairment in the ability to function
within the normal range of performance and behavior.
1 “Necessary medical treatment” means care which is necessary within a reasonable
degree of medical certainty to prevent the deterioration of a child’s condition or to
alleviate immediate pain of a child.
2 “Neglect” occurs when a child is deprived of, or is allowed to be deprived of,
necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an
environment when such deprivation or environment causes the child’s physical, mental,
or emotional health to be significantly impaired or to be in danger of being significantly
impaired. The foregoing circumstances shall not be considered neglect if caused
primarily by financial inability unless actual services for relief have been offered to and
rejected by such person. A parent or legal custodian legitimately practicing religious
beliefs in accordance with a recognized church or religious organization who thereby
does not provide specific medical treatment for a child may not, for that reason alone, be
considered a negligent parent or legal custodian; however, such an exception does not
preclude a court from ordering the following services to be provided, when the health of
the child so requires:
0 “Next of kin” means an adult relative of a child who is the child’s brother, sister,
grandparent, aunt, uncle, or first cousin.
1 “Office” means the Office of Adoption and Child Protection within the Executive
Office of the Governor.
2 “Other person responsible for a child’s welfare” includes the child’s legal
guardian or foster parent; an employee of any school, public or private child day care
center, residential home, institution, facility, or agency; a law enforcement officer
employed in any facility, service, or program for children that is operated or contracted
by the Department of Juvenile Justice; or any other person legally responsible for the
child’s welfare in a residential setting; and also includes an adult sitter or relative
entrusted with a child’s care. For the purpose of departmental investigative jurisdiction,
this definition does not include the following persons when they are acting in an official
capacity: law enforcement officers, except as otherwise provided in this subsection;
employees of municipal or county detention facilities; or employees of the Department of
Corrections.
0 “Outofhome” means a placement outside of the home of the parents or a parent.
1 “Parent” means a woman who gives birth to a child and a man whose consent to
the adoption of the child would be required under s. 63.062(1). If a child has been legally
adopted, the term “parent” means the adoptive mother or father of the child. For purposes
of this chapter only, when the phrase “parent or legal custodian” is used, it refers to rights
or responsibilities of the parent and, only if there is no living parent with intact parental
rights, to the rights or responsibilities of the legal custodian who has assumed the role of
the parent. The term does not include an individual whose parental relationship to the
child has been legally terminated, or an alleged or prospective parent, unless:
̀̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀȀ̀⠀⤀ĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀᜀĀᜀȀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ0 The parental status falls within the
terms of s. 39.503(1) or s. 63.062(1); or
̀̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀĀЀȀ̀⠀⤀ĀᜀĀᜀĀᜀ
ĀᜀĀᜀĀᜀĀᜀĀᜀȀȀ̀⠀⤀ĀᜀĀᜀĀᜀĀᜀĀᜀĀᜀ1 Parental status is applied for the
purpose of determining whether the child has been abandoned.
0 “Participant,” for purposes of a shelter proceeding, dependency proceeding, or
termination of parental rights proceeding, means any person who is not a party but who
should receive notice of hearings involving the child, including the actual custodian of
the child, the foster parents or the legal custodian of the child, identified prospective
parents, and any other person whose participation may be in the best interest of the child.
A communitybased agency under contract with the department to provide protective
services may be designated as a participant at the discretion of the court. Participants may
be granted leave by the court to be heard without the necessity of filing a motion to
intervene.
0 “Party” means the parent or parents of the child, the petitioner, the department,
the guardian ad litem or the representative of the guardian ad litem program when the
program has been appointed, and the child. The presence of the child may be excused by
order of the court when presence would not be in the child’s best interest. Notice to the
child may be excused by order of the court when the age, capacity, or other condition of
the child is such that the notice would be meaningless or detrimental to the child.
1 “Permanency goal” means the living arrangement identified for the child to return
to or identified as the permanent living arrangement of the child. Permanency goals
applicable under this chapter, listed in order of preference, are:
0 Reunification;
1 Adoption when a petition for termination of parental rights has been or will be
filed;
2 Permanent guardianship of a dependent child under s. 39.6221;
3 Permanent placement with a fit and willing relative under s. 39.6231; or
4 Placement in another planned permanent living arrangement under s. 39.6241.
The permanency goal is also the case plan goal. If concurrent case planning is being
used, reunification may be pursued at the same time that another permanency goal is
pursued.
0 “Permanency plan” means the plan that establishes the placement intended to
serve as the child’s permanent home.
1 “Permanent guardian” means the relative or other adult in a permanent
guardianship of a dependent child under s. 39.6221.
2 “Permanent guardianship of a dependent child” means a legal relationship that a
court creates under s. 39.6221 between a child and a relative or other adult approved by
the court which is intended to be permanent and selfsustaining through the transfer of
parental rights with respect to the child relating to protection, education, care and control
of the person, custody of the person, and decisionmaking on behalf of the child.
3 “Physical injury” means death, permanent or temporary disfigurement, or
impairment of any bodily part.
4 “Physician” means any licensed physician, dentist, podiatric physician, or
optometrist and includes any intern or resident.
5 “Preliminary screening” means the gathering of preliminary information to be
used in determining a child’s need for further evaluation or assessment or for referral for
other substance abuse services through means such as psychosocial interviews; urine and
breathalyzer screenings; and reviews of available educational, delinquency, and
dependency records of the child.
6 “Present danger” means a significant and clearly observable family condition that
is occurring at the current moment and is already endangering or threatening to endanger
the child. Present danger threats are conspicuous and require that an
immediate protective action be taken to ensure the child’s safety.
actions of the protective investigation function.
0 “Protective supervision” means a legal status in dependency cases which permits
the child to remain safely in his or her own home or other nonlicensed placement under
the supervision of an agent of the department and which must be reviewed by the court
during the period of supervision.
1 “Qualified professional” means a physician or a physician assistant licensed under
chapter 458 or chapter 459; a psychiatrist licensed under chapter 458 or chapter 459; a
psychologist as defined in s. 490.003(7) or a professional licensed under chapter 491; or a
psychiatric nurse as defined in s. 394.455.
2 “Relative” means a grandparent, greatgrandparent, sibling, first cousin, aunt,
uncle, greataunt, greatuncle, niece, or nephew, whether related by the whole or half
blood, by affinity, or by adoption. The term does not include a stepparent.
3 “Reunification services” means social services and other supportive and
rehabilitative services provided to the parent of the child, to the child, and, where
appropriate, to the relative placement, nonrelative placement, or foster parents of the
child, for the purpose of enabling a child who has been placed in outofhome care to
safely return to his or her parent at the earliest possible time. The health and safety of the
child shall be the paramount goal of social services and other supportive and
rehabilitative services. The services shall promote the child’s need for physical,
developmental, mental, and emotional health and a safe, stable, living environment; shall
promote family autonomy; and shall strengthen family life, whenever possible.
4 “Safety plan” means a plan created to control present or
impending danger using the least intrusive means appropriate to protect a child when a
parent, caregiver, or legal custodian is unavailable, unwilling, or unable to do so.
0 “Secretary” means the Secretary of Children and Families.
1 “Sexual abuse of a child” for purposes of finding a child to be dependent means
one or more of the following acts:
0 Any penetration, however slight, of the vagina or anal opening of one person by
the penis of another person, whether or not there is the emission of semen.
1 Any sexual contact between the genitals or anal opening of one person and the
mouth or tongue of another person.
2 Any intrusion by one person into the genitals or anal opening of another person,
including the use of any object for this purpose, except that this does not include any act
intended for a valid medical purpose.
3 The intentional touching of the genitals or intimate parts, including the breasts,
genital area, groin, inner thighs, and buttocks, or the clothing covering them, of either the
child or the perpetrator, except that this does not include:
0 Any act which may reasonably be construed to be a normal caregiver
responsibility, any interaction with, or affection for a child; or
1 Any act intended for a valid medical purpose.
0 The intentional masturbation of the perpetrator’s genitals in the presence of a
child.
0 The intentional exposure of the perpetrator’s genitals in the presence of a child, or
any other sexual act intentionally perpetrated in the presence of a child, if such exposure
or sexual act is for the purpose of sexual arousal or gratification, aggression, degradation,
or other similar purpose.
1 The sexual exploitation of a child, which includes the act of a child offering to
engage in or engaging in prostitution, or the act of allowing, encouraging, or forcing a
child to:
0 Solicit for or engage in prostitution;
1 Engage in a sexual performance, as defined by chapter 827;
or
0 Participate in the trade of human trafficking as provided in s. 787.06(3)(g).
0 “Shelter” means a placement with a relative or a nonrelative, or in a licensed
home or facility, for the temporary care of a child who is alleged to be or who has been
found to be dependent, pending court disposition before or after adjudication.
1 “Shelter hearing” means a hearing in which the court determines whether
probable cause exists to keep a child in shelter status pending further investigation of the
case.
2 “Sibling” means:
0 A child who shares a birth parent or legal parent with one or more other children;
or
1 A child who has lived together in a family with one or more other children whom
he or she identifies as siblings.
0 “Social service agency” means the department, a licensed childcaring agency, or
a licensed childplacing agency.
1 “Social worker” means any person who has a bachelor’s, master’s, or doctoral
degree in social work.
2 “Substance abuse” means using, without medical reason, any psychoactive or
moodaltering drug, including alcohol, in such a manner as to induce impairment
resulting in dysfunctional social behavior.
3 “Substantial compliance” means that the circumstances which caused the creation
of the case plan have been significantly remedied to the extent that the wellbeing and
safety of the child will not be endangered upon the child’s remaining with or being
returned to the child’s parent.
4 “Taken into custody” means the status of a child immediately when temporary
physical control over the child is attained by a person authorized by law, pending the
child’s release or placement.
5 “Temporary legal custody” means the relationship that a court creates between a
child and an adult relative of the child, legal custodian, agency, or other person approved
by the court until a more permanent arrangement is ordered. Temporary legal custody
confers upon the custodian the right to have temporary physical custody of the child and
the right and duty to protect, nurture, guide, and discipline the child and to provide the
child with food, shelter, and education, and ordinary medical, dental, psychiatric, and
psychological care, unless these rights and duties are otherwise enlarged or limited by the
court order establishing the temporary legal custody relationship.
0 “Victim” means any child who has sustained or is threatened with physical,
mental, or emotional injury identified in a report involving child abuse, neglect, or
abandonment, or childonchild sexual abuse.
39.201. Mandatory reports of child abuse, abandonment, or neglect; mandatory
reports of death; central abuse hotline.
0 (a) Any person who knows, or has reasonable cause to suspect, that a child is
abused, abandoned, or neglected by a parent, legal custodian, caregiver, or other person
responsible for the child’s welfare, as defined in this chapter, or that a child is in need of
supervision and care and has no parent, legal custodian, or responsible adult relative
immediately known and available to provide supervision and care shall report such
knowledge or suspicion to the department in the manner prescribed in subsection (2).
0 Any person who knows, or who has reasonable cause to suspect, that a child is
abused by an adult other than a parent, legal custodian, caregiver, or other person
responsible for the child’s welfare, as defined in this chapter, shall report such knowledge
or suspicion to the department in the manner prescribed in subsection (2).
1 Any person who knows, or has reasonable cause to suspect, that a child is the
victim of childhood sexual abuse or the victim of a known or suspected juvenile sexual
offender, as defined in this chapter, shall report such knowledge or suspicion to the
department in the manner prescribed in subsection (2).
2 Reporters in the following occupation categories are
required to provide their names to the hotline staff:
23 Physician, osteopathic physician, medical examiner, chiropractic physician, nurse,
or hospital personnel engaged in the admission, examination, care, or treatment of
persons;
24 Health or mental health professional other than one listed in subparagraph 1.;
25 Practitioner who relies solely on spiritual means for healing;
26 School teacher or other school official or personnel;
27 Social worker, day care center worker, or other professional child care, foster
care, residential, or institutional worker;
28 Law enforcement officer; or
29 Judge.
The names of reporters shall be entered into the record of the report, but shall be held
confidential and exempt as provided in s. 39.202.
0 A professional who is hired by or enters into a contract with the department for
the purpose of treating or counseling any person, as a result of a report of child abuse,
abandonment, or neglect, is not required to again report to the central abuse hotline the
abuse, abandonment, or neglect that was the subject of the referral for treatment.
1 An officer or employee of the judicial branch is not required to again provide
notice of reasonable cause to suspect child abuse, abandonment, or neglect when that
child is currently being investigated by the department, there is an existing dependency
case, or the matter has previously been reported to the department, provided there is
reasonable cause to believe the information is already known to the department. This
paragraph applies only when the information has been provided to the officer or
employee in the course of carrying out his or her official duties.
0 Nothing in this chapter or in the contracting with communitybased care providers
for foster care and related services as specified in s. 409.987 shall be construed to remove
or reduce the duty and responsibility of any person, including any employee of the
communitybased care provider, to report a suspected or actual case of child abuse,
abandonment, or neglect or the sexual abuse of a child to the department’s central abuse
hotline.
1 An officer or employee of a law enforcement agency is not required to provide
notice to the department of reasonable cause to suspect child abuse by an adult other than
a parent, legal custodian, caregiver, or other person responsible for the child’s welfare
when the incident under investigation by the law enforcement agency was reported to law
enforcement by the Central Abuse Hotline through the electronic transfer of the report or
call. The department’s Central Abuse Hotline is not required to electronically transfer
calls and reports received pursuant to paragraph (2)(b) to the county sheriff’s office if the
matter was initially reported to the department by the county sheriff’s office or another
law enforcement agency. This paragraph applies only when the information related to the
alleged child abuse has been provided to the officer or employee of a law enforcement
agency or Central Abuse Hotline employee in the course of carrying out his or her
official duties.
0 (a) Each report of known or suspected child abuse, abandonment, or neglect by a
parent, legal custodian, caregiver, or other person responsible for the child’s welfare as
defined in this chapter, except those solely under s. 827.04(3), and each report that a child
is in need of supervision and care and has no parent, legal custodian, or responsible adult
relative immediately known and available to provide supervision and care shall be made
immediately to the department’s central abuse hotline. Such reports may be made on the
single statewide tollfree telephone number or via fax, webbased chat, or webbased
report. Personnel at the department’s central abuse hotline shall determine if the report
received meets the statutory definition of child abuse, abandonment, or neglect. Any
report meeting one of these definitions shall be accepted for the protective investigation
pursuant to part III of this chapter. Any call received from a parent or legal custodian
seeking assistance for himself or herself which does not meet the criteria for being a
report of child abuse, abandonment, or neglect may be accepted by the hotline for
response to ameliorate a potential future risk of harm to a child. If it is determined by a
child welfare professional that a need for community services exists, the department shall
refer the parent or legal custodian for appropriate voluntary community services.
0 Each report of known or suspected child abuse by an adult other than a parent,
legal custodian, caregiver, or other person responsible for the child’s welfare, as defined
in this chapter, shall be made immediately to the department’s central abuse hotline. Such
reports may be made on the single statewide tollfree telephone number or via fax, web
based chat, or webbased report. Such reports or calls shall be immediately electronically
transferred to the appropriate county sheriff’s office by the central abuse hotline.
0 Reports involving juvenile sexual abuse or a child who has exhibited
inappropriate sexual behavior shall be made and received by the department. An alleged
incident of juvenile sexual abuse involving a child who is in the custody of or protective
supervision of the department shall be reported to the department’s central abuse hotline.
0 The central abuse hotline shall immediately electronically transfer the report or
call to the county sheriff’s office. The department shall conduct an assessment and assist
the family in receiving appropriate services pursuant to s. 39.307, and send a written
report of the allegation to the appropriate county sheriff’s office within 48 hours after the
initial report is made to the central abuse hotline.
1 The department shall ensure that the facts and results of any investigation of child
sexual abuse involving a child in the custody of or under the protective supervision of the
department are made known to the court at the next hearing or included in the next report
to the court concerning the child.
0 If the report is of an instance of known or suspected child abuse, abandonment, or
neglect that occurred out of state and the alleged perpetrator and the child alleged to be a
victim live out of state, the central abuse hotline shall not accept the report or call for
investigation, but shall transfer the information on the report to the appropriate state.
1 If the report is of an instance of known or suspected child abuse involving
impregnation of a child under 16 years of age by
a person 21 years of age or older solely under s. 827.04(3), the report shall be made
immediately to the appropriate county sheriff’s office or other appropriate law
enforcement agency. If the report is of an instance of known or suspected child abuse
solely under s. 827.04(3), the reporting provisions of this subsection do not apply to
health care professionals or other persons who provide medical or counseling services to
pregnant children when such reporting would interfere with the provision of medical
services.
0 Reports involving known or suspected institutional child abuse or neglect shall be
made and received in the same manner as all other reports made pursuant to this section.
1 Reports involving surrendered newborn infants as described in s. 383.50 shall be
made and received by the department.
0 If the report is of a surrendered newborn infant as described in s. 383.50 and there
is no indication of abuse, neglect, or abandonment other than that necessarily entailed in
the infant having been left at a hospital, emergency medical services station, or fire
station, the department shall provide to the caller the name of a licensed childplacing
agency on a rotating basis from a list of licensed childplacing agencies eligible and
required to accept physical custody of and to place newborn infants left at a hospital,
emergency medical services station, or fire station. The report shall not be considered a
report of abuse, neglect, or abandonment solely because the infant has been left at a
hospital, emergency medical services station, or fire station pursuant to s. 383.50.
1 If the call, fax, webbased chat, or webbased report includes indications of abuse
or neglect beyond that necessarily entailed in
the infant having been left at a hospital, emergency medical services station, or fire
station, the report shall be considered as a report of abuse, neglect, or abandonment and
shall be subject to the requirements of s. 39.395 and all other relevant provisions of this
chapter, notwithstanding any provisions of chapter 383.
0 Hotline counselors shall receive periodic training in encouraging reporters to
provide their names when reporting abuse, abandonment, or neglect. Callers shall be
advised of the confidentiality provisions of s. 39.202. The department shall secure and
install electronic equipment that automatically provides to the hotline the number from
which the call or fax is placed or the Internet protocol (IP) address from which the report
is received. This number shall be entered into the report of abuse, abandonment, or
neglect and become a part of the record of the report, but shall enjoy the same
confidentiality as provided to the identity of the reporter pursuant to s. 39.202.
1 The department shall voicerecord all incoming or outgoing calls that are received
or placed by the central abuse hotline which relate to suspected or known child abuse,
neglect, or abandonment. The department shall maintain an electronic copy of each fax
and webbased report. The recording or electronic copy of each fax and webbased report
shall become a part of the record of the report but, notwithstanding s. 39.202, shall be
released in full only to law enforcement agencies and state attorneys for the purpose of
investigating and prosecuting criminal charges pursuant to s. 39.205, or to employees of
the department for the purpose of investigating and seeking administrative penalties
pursuant to s. 39.206. Nothing in this paragraph shall prohibit the use of the recordings,
the electronic
copies of faxes, and webbased reports by hotline staff for quality assurance and training.
0 1. The department shall update the web form used for reporting child abuse,
abandonment, or neglect to:
a. Include qualifying questions in order to obtain necessary information required to
assess need and a response.
b. Indicate which fields are required to submit the report.
c. Allow a reporter to save his or her report and return to it at a later time.
0 The report shall be made available to the counselors in its entirety as needed to
update the Florida Safe Families Network or other similar systems.
0 The department shall conduct a study to determine the feasibility of using text and
short message service formats to receive and process reports of child abuse,
abandonment, or neglect to the central abuse hotline.
0 Any person required to report or investigate cases of suspected child abuse,
abandonment, or neglect who has reasonable cause to suspect that a child died as a result
of child abuse, abandonment, or neglect shall report his or her suspicion to the
appropriate medical examiner. The medical examiner shall accept the report for
investigation and shall report his or her findings, in writing, to the local law enforcement
agency, the appropriate state attorney, and the department. Autopsy reports maintained by
the medical examiner are not subject to the confidentiality requirements provided for in s.
39.202.
0 The department shall operate and maintain a central abuse hotline to receive all
reports made pursuant to this section in writing, via fax, via webbased reporting, via
webbased chat, or through a single statewide tollfree telephone number, which any
person may use to report known or suspected child abuse, abandonment, or neglect at any
hour of the day or night, any day of the week. The department shall promote public
awareness of the central abuse hotline through communitybased partner organizations
and public service campaigns. The central abuse hotline is the first step in the safety
assessment and investigation process. The central abuse hotline shall be operated in such
a manner as to enable the department to:
23 Immediately identify and locate prior reports or cases of child abuse,
abandonment, or neglect through utilization of the department’s automated tracking
system.
24 Monitor and evaluate the effectiveness of the department’s program for reporting
and investigating suspected abuse, abandonment, or neglect of children through the
development and analysis of statistical and other information.
25 Track critical steps in the investigative process to ensure compliance with all
requirements for any report of abuse, abandonment, or neglect.
26 Maintain and produce aggregate statistical reports monitoring patterns of child
abuse, child abandonment, and child neglect. The department shall collect and analyze
childonchild sexual abuse reports and include the information in aggregate statistical
reports. The department shall collect and analyze, in separate statistical reports, those
reports of child abuse and sexual
abuse which are reported from or occurred on the campus of any Florida College System
institution, state university, or nonpublic college, university, or school, as defined in s.
1000.21 or s. 1005.02.
Serve as a resource for the evaluation, management, and planning of preventive and
remedial services for children who have been subject to abuse, abandonment, or neglect.
Initiate and enter into agreements with other states for the purpose of gathering and
sharing information contained in reports on child maltreatment to further enhance
programs for the protection of children.
The department shall be capable of receiving and investigating, 24 hours a day, 7
days a week, reports of known or suspected child abuse, abandonment, or neglect and
reports that a child is in need of supervision and care and has no parent, legal custodian,
or responsible adult relative immediately known and available to provide supervision and
care. If it appears that the immediate safety or wellbeing of a child is endangered, that
the family may flee or the child will be unavailable for purposes of conducting a child
protective investigation, or that the facts otherwise so warrant, the department shall
commence an investigation immediately, regardless of the time of day or night. In all
other child abuse, abandonment, or neglect cases, a child protective investigation shall be
commenced within 24 hours after receipt of the report. In an institutional investigation,
the alleged perpetrator may be represented by an attorney, at his or her own expense, or
accompanied by another person, if the person or the attorney executes an affidavit of
understanding with the department and agrees to comply with the confidentiality
provisions of s. 39.202. The absence of an attorney or other person does not prevent the
department from proceeding with other aspects of the investigation, including interviews
with other persons. In institutional child abuse cases when the institution is not operating
and the child cannot otherwise be located, the investigation shall commence immediately
upon the resumption of operation. If requested by a state attorney or local law
enforcement agency, the department shall furnish all investigative reports to that agency.
Information in the central abuse hotline may not be used for employment screening,
except as provided in s. 39.202(2)(a) and
or s. 402.302(15). Information in the central abuse hotline and the department’s
automated abuse information system may be used by the department, its authorized
agents or contract providers, the Department of Health, or county agencies as part of the
licensure or registration process pursuant to ss. 402.301402.319 and ss. 409.175
409.176. Pursuant to s. 39.202(2)(q), the information in the central abuse hotline may
also be used by the Department of Education for purposes of educator certification
discipline and review.
On an ongoing basis, the department’s quality assurance program shall review calls,
fax reports, and webbased reports to the hotline involving three or more unaccepted
reports on a single child, where jurisdiction applies, in order to detect such things as
harassment and situations that warrant an investigation because of the frequency or
variety of the source of the reports. A component of the quality assurance program shall
analyze unaccepted reports to the hotline by identified relatives as a part of the review of
screened out calls. The Program Director for Family Safety may
refer a case for investigation when it is determined, as a result of this review, that an
investigation may be warranted.
39.202. Confidentiality of reports and records in cases of child abuse or
neglect.
In order to protect the rights of the child and the child’s parents or other persons
responsible for the child’s welfare, all records held by the department concerning reports
of child abandonment, abuse, or neglect, including reports made to the central abuse
hotline and all records generated as a result of such reports, shall be confidential and
exempt from the provisions of s. 119.07(1) and shall not be disclosed except as
specifically authorized by this chapter. Such exemption from s. 119.07(1) applies to
information in the possession of those entities granted access as set forth in this section.
Except as provided in subsection (4), access to such records, excluding the name of
the reporter which shall be released only as provided in subsection (5), shall be granted
only to the following persons, officials, and agencies:
Employees, authorized agents, or contract providers of the department, the
Department of Health, the Agency for Persons with Disabilities, the Office of Early
Learning, or county agencies responsible for carrying out:
Child or adult protective investigations;
Ongoing child or adult protective services;
Early intervention and prevention services;
Healthy Start services;
Licensure or approval of adoptive homes, foster homes, child care facilities, facilities
licensed under chapter 393, family day care homes, providers who receive school
readiness funding under part VI of chapter 1002, or other homes used to provide for the
care and welfare of children; or
Services for victims of domestic violence when provided by certified domestic
violence centers working at the department’s request as case consultants or with shared
clients.
Also, employees or agents of the Department of Juvenile Justice responsible for the
provision of services to children, pursuant to chapters 984 and 985.
Criminal justice agencies of appropriate jurisdiction.
The state attorney of the judicial circuit in which the child resides or in which the
alleged abuse or neglect occurred.
The parent or legal custodian of any child who is alleged to have been abused,
abandoned, or neglected, and the child, and their attorneys, including any attorney
representing a child in civil or criminal proceedings. This access shall be made available
no later than 30 days after the department receives the initial report of abuse, neglect, or
abandonment. However, any information otherwise made confidential or exempt by law
shall not be released pursuant to this paragraph.
Any person alleged in the report as having caused the abuse, abandonment, or neglect
of a child. This access shall be made available no later than 30 days after the department
receives the initial report of abuse, abandonment, or neglect and, when the alleged
perpetrator is not a parent, shall be limited to information
involving the protective investigation only and shall not include any information relating
to subsequent dependency proceedings. However, any information otherwise made
confidential or exempt by law shall not be released pursuant to this paragraph.
A court upon its finding that access to such records may be necessary for the
determination of an issue before the court; however, such access shall be limited to
inspection in camera, unless the court determines that public disclosure of the
information contained therein is necessary for the resolution of an issue then pending
before it.
A grand jury, by subpoena, upon its determination that access to such records is
necessary in the conduct of its official business.
Any appropriate official of the department or the Agency for Persons with
Disabilities who is responsible for:
Administration or supervision of the department’s program for the prevention,
investigation, or treatment of child abuse, abandonment, or neglect, or abuse, neglect, or
exploitation of a vulnerable adult, when carrying out his or her official function;
Taking appropriate administrative action concerning an employee of the department
or the agency who is alleged to have perpetrated child abuse, abandonment, or neglect, or
abuse, neglect, or exploitation of a vulnerable adult; or
Employing and continuing employment of personnel of the department or the agency.
Any person authorized by the department who is engaged in the use of such records
or information for bona fide research,
statistical, or audit purposes. Such individual or entity shall enter into a privacy and
security agreement with the department and shall comply with all laws and rules
governing the use of such records and information for research and statistical purposes.
Information identifying the subjects of such records or information shall be treated as
confidential by the researcher and shall not be released in any form.
The Division of Administrative Hearings for purposes of any administrative
challenge.
Any appropriate official of a Florida advocacy council investigating a report of
known or suspected child abuse, abandonment, or neglect; the Auditor General or the
Office of Program Policy Analysis and Government Accountability for the purpose of
conducting audits or examinations pursuant to law; or the guardian ad litem for the child.
Employees or agents of an agency of another state that has comparable jurisdiction to
the jurisdiction described in paragraph
(a).
The Public Employees Relations Commission for the sole purpose of obtaining
evidence for appeals filed pursuant to s. 447.207. Records may be released only after
deletion of all information which specifically identifies persons other than the employee.
Employees or agents of the Department of Revenue responsible for child support
enforcement activities.
Any person in the event of the death of a child determined to be a result of abuse,
abandonment, or neglect. Information
identifying the person reporting abuse, abandonment, or neglect shall not be released.
Any information otherwise made confidential or exempt by law shall not be released
pursuant to this paragraph.
An employee of the local school district who is designated as a liaison between the
school district and the department pursuant to an interagency agreement required under s.
39.0016 and the principal of a public school, private school, or charter school where the
child is a student. Information contained in the records which the liaison or the principal
determines are necessary for a school employee to effectively provide a student with
educational services may be released to that employee.
An employee or agent of the Department of Education who is responsible for the
investigation or prosecution of misconduct by a certified educator.
Staff of a children’s advocacy center that is established and operated under s.
39.3035.
A physician licensed under chapter 458 or chapter 459, a psychologist licensed under
chapter 490, or a mental health professional licensed under chapter 491 engaged in the
care or treatment of the child.
Persons with whom the department is seeking to place the child or to whom
placement has been granted, including foster parents for whom an approved home study
has been conducted, the designee of a licensed residential group home described in s.
39.523, an approved relative or nonrelative with whom a child is placed pursuant to s.
39.402, preadoptive parents for whom a favorable preliminary adoptive home study has
been conducted,
adoptive parents, or an adoption entity acting on behalf of preadoptive or adoptive
parents.
The department may release to professional persons such information as is necessary
for the diagnosis and treatment of the child or the person perpetrating the abuse or
neglect.
Notwithstanding any other provision of law, when a child under investigation or
supervision of the department or its contracted service providers is determined to be
missing, the following shall apply:
The department may release the following information to the public when it believes
the release of the information is likely to assist efforts in locating the child or to promote
the safety or wellbeing of the child:
The name of the child and the child’s date of birth;
A physical description of the child, including at a minimum the height, weight, hair
color, eye color, gender, and any identifying physical characteristics of the child; and
A photograph of the child.
With the concurrence of the law enforcement agency primarily responsible for
investigating the incident, the department may release any additional information it
believes likely to assist efforts in locating the child or to promote the safety or wellbeing
of the child.
The law enforcement agency primarily responsible for investigating the incident may
release any information received from the department regarding the investigation, if it
believes the
release of the information is likely to assist efforts in locating the child or to promote the
safety or wellbeing of the child.
The good faith publication or release of this information by the department, a law
enforcement agency, or any recipient of the information as specifically authorized by this
subsection shall not subject the person, agency or entity releasing the information to any
civil or criminal penalty. This subsection does not authorize the release of the name of the
reporter, which may be released only as provided in subsection (5).
The name of any person reporting child abuse, abandonment, or neglect may not be
released to any person other than employees of the department responsible for child
protective services, the central abuse hotline, law enforcement, the child protection team,
or the appropriate state attorney, without the written consent of the person reporting. This
does not prohibit the subpoenaing of a person reporting child abuse, abandonment, or
neglect when deemed necessary by the court, the state attorney, or the department,
provided the fact that such person made the report is not disclosed. Any person who
reports a case of child abuse or neglect may, at the time he or she makes the report,
request that the department notify him or her that a child protective investigation
occurred as a result of the report. Any person specifically listed in s. 39.201(1) who
makes a report in his or her official capacity may also request a written summary of the
outcome of the investigation. The department shall mail such a notice to the reporter
within 10 days after completing the child protective investigation.
All records and reports of the child protection team of the Department of Health are
confidential and exempt from the
provisions of ss. 119.07(1) and 456.057, and shall not be disclosed, except, upon request,
to the state attorney, law enforcement, the department, and necessary professionals, in
furtherance of the treatment or additional evaluative needs of the child, by order of the
court, or to health plan payors, limited to that information used for insurance
reimbursement purposes.
The department shall make and keep reports and records of all cases under this
chapter and shall preserve the records pertaining to a child and family until the child who
is the subject of the record is 30 years of age, and may then destroy the records.
Within 90 days after the child leaves the department’s custody, the department shall
give a notice to the person having legal custody of the child, or to the young adult who
was in the department’s custody, which specifies how the records may be obtained.
The department may adopt rules regarding the format, storage, retrieval, and release
of such records.
A person who knowingly or willfully makes public or discloses to any unauthorized
person any confidential information contained in the central abuse hotline is subject to
the penalty provisions of s. 39.205. This notice shall be prominently displayed on the first
sheet of any documents released pursuant to this section.
39.203. Immunity from liability in cases of child abuse, abandonment,
or neglect.
(a) Any person, official, or institution participating in good faith in any act authorized
or required by this chapter, or reporting
in good faith any instance of child abuse, abandonment, or neglect to the department or
any law enforcement agency, shall be immune from any civil or criminal liability which
might otherwise result by reason of such action.
Except as provided in this chapter, nothing contained in this section shall be deemed
to grant immunity, civil or criminal, to any person suspected of having abused,
abandoned, or neglected a child, or committed any illegal act upon or against a child.
(a) No resident or employee of a facility serving children may be subjected to reprisal
or discharge because of his or her actions in reporting abuse, abandonment, or neglect
pursuant to the requirements of this section.
Any person making a report under this section shall have a civil cause of action for
appropriate compensatory and punitive damages against any person who causes
detrimental changes in the employment status of such reporting party by reason of his or
her making such report. Any detrimental change made in the residency or employment
status of such person, including, but not limited to, discharge, termination, demotion,
transfer, or reduction in pay or benefits or work privileges, or negative evaluations within
a prescribed period of time shall establish a rebuttable presumption that such action was
retaliatory.
39.205. Penalties relating to reporting of child abuse, abandonment,
or neglect.
A person who is required to report known or suspected child abuse, abandonment, or
neglect and who knowingly and willfully fails to do so, or who knowingly and willfully
prevents
another person from doing so, commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. A judge subject to discipline pursuant to
s. 12, Art. V of the Florida Constitution
shall not be subject to criminal prosecution when
the information was received in the course of official duties.
Unless the court finds that the person is a victim of domestic violence or that other
mitigating circumstances exist, a person who is 18 years of age or older and lives in the
same house or living unit as a child who is known or suspected to be a victim of child
abuse, neglect of a child, or aggravated child abuse, and knowingly and willfully fails to
report the child abuse commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Any Florida College System institution, state university, or nonpublic college,
university, or school, as defined in s. 1000.21 or s. 1005.02, whose administrators
knowingly and willfully, upon receiving information from faculty, staff, or other
institution employees, fail to report known or suspected child abuse, abandonment, or
neglect committed on the property of the university, college, or school, or during an event
or function sponsored by the university, college, or school, or who knowingly and
willfully prevent another person from doing so, shall be subject to fines of $1 million for
each such failure.
A Florida College System institution subject to a fine shall be assessed by the State
Board of Education.
A state university subject to a fine shall be assessed by the Board of Governors.
A nonpublic college, university, or school subject to a fine shall be assessed by the
Commission for Independent Education.
Any Florida College System institution, state university, or nonpublic college,
university, or school, as defined in s. 1000.21 or s. 1005.02, whose law enforcement
agency fails to report known or suspected child abuse, abandonment, or neglect
committed on the property of the university, college, or school, or during an event or
function sponsored by the university, college, or school, shall be subject to fines of $1
million for each such failure assessed in the same manner as subsection (3).
Any Florida College System institution, state university, or nonpublic college,
university, or school, as defined in s. 1000.21 or s. 1005.02, shall have the right to
challenge the determination that the institution acted knowingly and willfully under
subsection
or subsection (4) in an administrative hearing pursuant to s.
120.57; however, if it is found that actual knowledge and information of known or
suspected child abuse was in fact received by the institution’s administrators and was not
reported, a presumption of a knowing and willful act will be established.
A person who knowingly and willfully makes public or discloses any confidential
information contained in the central abuse hotline or in the records of any child abuse,
abandonment, or neglect case, except as provided in this chapter, commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
The department shall establish procedures for determining whether a false report of
child abuse, abandonment, or neglect has been made and for submitting all identifying
information relating
to such a report to the appropriate law enforcement agency and shall report annually to
the Legislature the number of reports referred.
If the department or its authorized agent has determined during the course of its
investigation that a report is a false report, the department may discontinue all
investigative activities and shall, with the consent of the alleged perpetrator, refer the
report to the local law enforcement agency having jurisdiction for an investigation to
determine whether sufficient evidence exists to refer the case for prosecution for filing a
false report as defined in s. 39.01. During the pendency of the investigation, the
department must notify the local law enforcement agency of, and the local law
enforcement agency must respond to, all subsequent reports concerning children in that
same family in accordance with s. 39.301. If the law enforcement agency believes that
there are indicators of abuse, abandonment, or neglect, it must immediately notify the
department, which must ensure the safety of the children. If the law enforcement agency
finds sufficient evidence for prosecution for filing a false report, it must refer the case to
the appropriate state attorney for prosecution.
A person who knowingly and willfully makes a false report of child abuse,
abandonment, or neglect, or who advises another to make a false report, is guilty of a
felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. Anyone
making a report who is acting in good faith is immune from any liability under this
subsection.
The State Board of Education shall adopt rules to implement this section as it relates
to Florida College System institutions; the Commission for Independent Education shall
adopt rules to implement this section as it relates to nonpublic colleges, universities, and
schools; and the Board of Governors shall adopt regulations to implement this section as
it relates to state universities.
39.301. Initiation of protective investigations.
Upon receiving a report of known or suspected child abuse, abandonment, or neglect,
or that a child is in need of supervision and care and has no parent, legal custodian, or
responsible adult relative immediately known and available to provide supervision and
care, the central abuse hotline shall determine if the report requires an immediate onsite
protective investigation. For reports requiring an immediate onsite protective
investigation, the central abuse hotline shall immediately notify the department’s
designated district staff responsible for protective investigations to ensure that an onsite
investigation is promptly initiated. For reports not requiring an immediate onsite
protective investigation, the central abuse hotline shall notify the department’s designated
district staff responsible for protective investigations in sufficient time to allow for an
investigation. At the time of notification, the central abuse hotline shall also provide
information to district staff on any previous report concerning a subject of the present
report or any pertinent information relative to the present report or any noted earlier
reports.
[NOTE: If the parent, adult household member or other person responsible for the
child does not allow access to the child, the child protective investigator shall seek
assistance from law enforcement and if necessary seek an order of the court through the
Child Welfare Legal Services attorney. Florida Administrative
Rule 65C29.003(3)(e).]
(a) The department shall immediately forward allegations of criminal conduct to the
municipal or county law enforcement agency of the municipality or county in which the
alleged conduct has occurred.
As used in this subsection, the term “criminal conduct” means:
A child is known or suspected to be the victim of child abuse, as defined in s. 827.03,
or of neglect of a child, as defined in s. 827.03.
A child is known or suspected to have died as a result of abuse or neglect.
A child is known or suspected to be the victim of aggravated child abuse, as defined
in s. 827.03.
A child is known or suspected to be the victim of sexual battery, as defined in s.
827.071, or of sexual abuse, as defined in s. 39.01.
A child is known or suspected to be the victim of institutional child abuse or neglect,
as defined in s. 39.01, and as provided for in s. 39.302(1).
A child is known or suspected to be a victim of human trafficking, as provided in s.
787.06.
Upon receiving a written report of an allegation of criminal conduct from the
department, the law enforcement agency shall review the information in the written
report to determine whether a criminal investigation is warranted. If the law enforcement
agency accepts the case for criminal investigation, it shall coordinate its investigative
activities with the department, whenever feasible. If the law enforcement agency does not
accept the case for criminal investigation, the agency shall notify the department in
writing.
The local law enforcement agreement required in s. 39.306 shall describe the specific
local protocols for implementing this section.
[Subsections (3) – (22) intentionally omitted.]
39.304. Photographs, medical examinations, X rays, and medical treatment
of abused, abandoned, or neglected child.
(a) Any person required to investigate cases of suspected child abuse, abandonment,
or neglect may take or cause to be taken photographs of the areas of trauma visible on a
child who is the subject of a report. Any child protection team that examines a child who
is the subject of a report must take, or cause to be taken, photographs of any areas of
trauma visible on the child. Photographs of physical abuse injuries, or duplicates thereof,
shall be provided to the department for inclusion in the investigative file and shall
become part of that file. Photographs of sexual abuse trauma shall be made part of the
child protection team medical record.
If the areas of trauma visible on a child indicate a need for a medical examination, or
if the child verbally complains or otherwise exhibits distress as a result of injury through
suspected child abuse, abandonment, or neglect, or is alleged to have been sexually
abused, the person required to investigate may cause the
child to be referred for diagnosis to a licensed physician or an emergency department in a
hospital without the consent of the child’s parents or legal custodian. Such examination
may be performed by any licensed physician or an advanced registered nurse practitioner
licensed pursuant to part I of chapter 464. Any licensed physician, or advanced registered
nurse practitioner licensed pursuant to part I of chapter 464, who has reasonable cause to
suspect that an injury was the result of child abuse, abandonment, or neglect may
authorize a radiological examination to be performed on the child without the consent of
the child’s parent or legal custodian.
Consent for any medical treatment shall be obtained in the following manner.
1. Consent to medical treatment shall be obtained from a parent or legal custodian of
the child; or
2. A court order for such treatment shall be obtained.
If a parent or legal custodian of the child is unavailable and his or her whereabouts
cannot be reasonably ascertained, and it is after normal working hours so that a court
order cannot reasonably be obtained, an authorized agent of the department shall have the
authority to consent to necessary medical treatment for the child. The authority of the
department to consent to medical treatment in this circumstance shall be limited to the
time reasonably necessary to obtain court authorization.
If a parent or legal custodian of the child is available but refuses to consent to the
necessary treatment, a court order shall be required unless the situation meets the
definition of an emergency in s. 743.064 or the treatment needed is related to
suspected abuse, abandonment, or neglect of the child by a parent or legal custodian. In
such case, the department shall have the authority to consent to necessary medical
treatment. This authority is limited to the time reasonably necessary to obtain court
authorization.
In no case shall the department consent to sterilization, abortion, or termination of
life support.
Any facility licensed under chapter 395 shall provide to the department, its agent, or
a child protection team that contracts with the department any photograph or report on
examinations made or X rays taken pursuant to this section, or copies thereof, for the
purpose of investigation or assessment of cases of abuse, abandonment, neglect, or
exploitation of children.
Any photograph or report on examinations made or X rays taken pursuant to this
section, or copies thereof, shall be sent to the department as soon as possible and shall be
preserved in permanent form in records held by the department.
The county in which the child is a resident shall bear the initial costs of the
examination of the allegedly abused, abandoned, or neglected child; however, the parents
or legal custodian of the child shall be required to reimburse the county for the costs of
such examination, other than an initial forensic physical examination as provided in s.
960.28, and to reimburse the department for the cost of the photographs taken pursuant to
this section. A medical provider may not bill a child victim, directly or indirectly, for the
cost of an initial forensic physical examination.
39.306. Child protective investigations; working agreements with local law
enforcement.
The department shall enter into agreements with the jurisdictionally responsible
county sheriffs’ offices and local police departments that will assume the lead in
conducting any potential criminal investigations arising from allegations of child abuse,
abandonment, or neglect. The written agreement must specify how the requirements of
this chapter will be met. For the purposes of such agreement, the jurisdictionally
responsible law enforcement entity is authorized to share Florida criminal history and
local criminal history information that is not otherwise exempt from s. 119.07(1) with the
district personnel, authorized agent, or contract provider directly responsible for the child
protective investigation and emergency child placement. The agencies entering into such
agreement must comply with s. 943.0525. Criminal justice information provided by such
law enforcement entity shall be used only for the purposes specified in the agreement and
shall be provided at no charge. Notwithstanding any other provision of law, the
Department of Law Enforcement shall provide to the department electronic access to
Florida criminal justice information which is lawfully available and not exempt from s.
119.07(1), only for the purpose of child protective investigations and emergency child
placement. As a condition of access to such information, the department shall be required
to execute an appropriate user agreement addressing the access, use, dissemination, and
destruction of such information and to comply with all applicable laws and regulations,
and rules of the Department of Law Enforcement.
39.3068. Reports of medical neglect.
Upon receiving a report alleging medical neglect, the department or sheriff’s office shall
assign the case to a child protective investigator who has specialized training in addressing
medical neglect or working with medically complex children if such investigator is available.
If a child protective investigator with specialized training is not available, the child protective
investigator shall consult with department staff with such expertise.
The child protective investigator who has interacted with the child and the child’s family
shall promptly contact and provide information to the child protection team. The child
protection team shall assist the child protective investigator in identifying immediate
responses to address the medical needs of the child with the priority of maintaining the child
in the home if the parents will be able to meet the needs of the child with additional services.
The child protective investigator and the child protection team must use a familycentered
approach to assess the capacity of the family to meet those needs. A familycentered
approach is intended to increase independence on the part of the family, accessibility to
programs and services within the community, and collaboration between families and their
service providers. The ethnic, cultural, economic, racial, social, and religious diversity of
families must be respected and considered in the development and provision of services.
The child shall be evaluated by the child protection team as soon as practicable. If the
child protection team reports that medical neglect is substantiated, the department shall
convene a case staffing which shall be attended, at a minimum, by the child protective
investigator; department legal staff; and representatives
from the child protection team that evaluated the child, Children’s Medical Services, the
Agency for Health Care Administration, the communitybased care lead agency, and any
providers of services to the child. However, the Agency for Health Care Administration
is not required to attend the staffing if the child is not Medicaid eligible. The staffing
shall consider, at a minimum, available services, given the family’s eligibility for
services; services that are effective in addressing conditions leading to medical neglect
allegations; and services that would enable the child to safely remain at home. Any
services that are available and effective shall be provided.
39.401. Taking a child alleged to be dependent into custody; law enforcement
officers and authorized agents of the department.
(1) A child may only be taken into custody:
Pursuant to the provisions of this part, based upon sworn testimony, either before or
after a petition is filed; or
By a law enforcement officer, or an authorized agent of the department, if the officer
or authorized agent has probable cause to support a finding:
That the child has been abused, neglected, or abandoned, or is suffering from or is in
imminent danger of illness or injury as a result of abuse, neglect, or abandonment;
That the parent or legal custodian of the child has materially violated a condition of
placement imposed by the court; or
That the child has no parent, legal custodian, or responsible
adult relative immediately known and available to provide supervision and care.
If the law enforcement officer takes the child into custody, that officer shall:
(a) Release the child to:
The parent or legal custodian of the child;
A responsible adult approved by the court when limited to temporary emergency
situations;
A responsible adult relative or the adoptive parent of the child’s sibling who shall be
given priority consideration over a nonrelative placement when this is in the best interests
of the child; or
A responsible adult approved by the department; or
Deliver the child to an authorized agent of the department, stating the facts by reason
of which the child was taken into custody and sufficient information to establish probable
cause that the child is abandoned, abused, or neglected, or otherwise dependent. For such
a child for whom there is also probable cause to believe he or she has been sexually
exploited, the law enforcement officer shall deliver the child to the department.
For cases involving allegations of abandonment, abuse, or neglect, or other
dependency cases, within 3 days after such release or within 3 days after delivering the
child to an authorized agent of the department, the law enforcement officer who took the
child into custody shall make a full written report to the department.
If the child is taken into custody by, or is delivered to, an authorized agent of the
department, the agent shall review the facts supporting the removal with an attorney
representing the department. The purpose of the review is to determine whether there is
probable cause for the filing of a shelter petition.
If the facts are not sufficient, the child shall immediately be returned to the custody
of the parent or legal custodian.
If the facts are sufficient and the child has not been returned to the custody of the
parent or legal custodian, the department shall file the petition and schedule a hearing,
and the attorney representing the department shall request that a shelter hearing be held
within 24 hours after the removal of the child. While awaiting the shelter hearing, the
authorized agent of the department may place the child in licensed shelter care or may
release the child to a parent or legal custodian or responsible adult relative or the adoptive
parent of the child’s sibling who shall be given priority consideration over a licensed
placement, or a responsible adult approved by the department if this is in the best
interests of the child. Placement of a child which is not in a licensed shelter must be
preceded by a criminal history records check as required under s. 39.0138. In addition,
the department may authorize placement of a housekeeper/homemaker in the home of a
child alleged to be dependent until the parent or legal custodian assumes care of the child.
When a child is taken into custody pursuant to this section, the department shall
request that the child’s parent, caregiver, or legal custodian disclose the names,
relationships, and addresses of all parents and prospective parents and all next of kin of
the child, so far as are known.
Judicial review and approval is required within 24 hours after placement for all
nonrelative placements. A nonrelative placement must be for a specific and
predetermined period of time, not to exceed 12 months, and shall be reviewed by the
court at least every 6 months. If the nonrelative placement continues for longer than 12
months, the department shall request the court to establish permanent guardianship or
require that the nonrelative seek licensure as a foster care provider within 30 days after
the court decision. Failure to establish permanent guardianship or obtain licensure does
not require the court to change a child’s placement unless it is in the best interest of the
child to do so.
39.906. Referral to centers and notice of rights.
48.031. Service of process generally; service of witness subpoenas.
(a) Service of original process is made by delivering a copy of it to the person to be
served with a copy of the complaint, petition, or other initial pleading or paper or by
leaving the copies at his or her usual place of abode with any person residing therein who
is 15 years of age or older and informing the person of their contents. Minors who are or
have been married shall be served as provided in this section.
An employer, when contacted by an individual authorized to serve process, shall
allow the authorized individual to serve an employee in a private area designated by the
employer. An employer who fails to comply with this paragraph commits a noncriminal
violation, punishable by a fine of up to $1,000.
(a) Substitute service may be made on the spouse of the person to be served at any
place in the county, if the cause of action is not an adversary proceeding between the
spouse and the person to be served, if the spouse requests such service, and if the spouse
and person to be served are residing together in the same dwelling.
Substitute service may be made on an individual doing business as a sole
proprietorship at his or her place of business, during regular business hours, by serving
the person in charge of the business at the time of service if two attempts to serve the
owner have been made at the place of business.
(a) The service of process of witness subpoenas, whether in criminal cases or civil
actions, shall be made as provided in subsection (1). However, service of a subpoena on a
witness in a civil traffic case, a criminal traffic case, a misdemeanor case, or a second
degree or third degree felony may be made by United States mail directed to the witness
at the last known address, and the service must be mailed at least 7 days prior to the date
of the witness’s required appearance. Failure of a witness to appear in response to a
subpoena served by United States mail that is not certified may not be grounds for
finding the witness in contempt of court.
A criminal witness subpoena commanding the witness to appear for a court
appearance may be posted by a person authorized to serve process at the witness’s
residence if three attempts to serve the subpoena, made at different times of the day or
night on different dates, have failed. A criminal witness subpoena commanding the
witness to appear for a deposition may be posted by a person authorized to serve process
at the witness’s residence if one attempt to serve the subpoena has failed. The subpoena
must be posted at least 5 days before the date of the witness’s required appearance.
(a) Service of a criminal witness subpoena upon a law enforcement officer or upon
any federal, state, or municipal employee called to testify in an official capacity in a
criminal case may be made as provided in subsection (1) or by delivery to a designated
supervisory or administrative employee at the witness’s place of employment if the
agency head or highest ranking official at the witness’s place of employment has
designated such employee to accept such service. However, no
such designated employee is required to accept service:
For a witness who is no longer employed by the agency at that place of employment;
If the witness is not scheduled to work prior to the date the witness is required to
appear; or
If the appearance date is less than 5 days from the date of service.
The agency head or highest ranking official at the witness’s place of employment
may determine the days of the week and the hours that service may be made at the
witness’s place of employment.
Service may also be made in accordance with subsection (3) provided that the person
who requests the issuance of the criminal witness subpoena shall be responsible for
mailing the subpoena in accordance with that subsection and for making the proper return
of service to the court.
A person serving process shall place, on the first page of at least one of the processes
served, the date and time of service and his or her identification number and initials for
all service of process. The person serving process shall list on the returnofservice form
all initial pleadings delivered and served along with the process. The person requesting
service or the person authorized to serve the process shall file the returnofservice form
with the court.
(a) If the only address for a person to be served which is discoverable through public
records is a private mailbox, a virtual office, or an executive office or mini suite,
substitute service may
be made by leaving a copy of the process with the person in charge of the private
mailbox, virtual office, or executive office or mini suite, but only if the process server
determines that the person to be served maintains a mailbox, a virtual office, or an
executive office or mini suite at that location.
For purposes of this subsection, the term “virtual office” means an office that
provides communications services, such as telephone or facsimile services, and address
services without providing dedicated office space, and where all communications are
routed through a common receptionist. The term “executive office or mini suite” means
an office that provides communications services, such as telephone and facsimile
services, a dedicated office space, and other supportive services, and where all
communications are routed through a common receptionist.
A gated residential community, including a condominium association or a
cooperative, shall grant unannounced entry into the community, including its common
areas and common elements, to a person who is attempting to serve process on a
defendant or witness who resides within or is known to be within the community.
CHAPTER 90
EVIDENCE CODE
90.91. Photographs of property wrongfully taken; use in prosecution,
procedure; return of property to owner.
In any prosecution for a crime involving the wrongful taking of property, a
photograph of the property alleged to have been wrongfully taken may be deemed
competent evidence of such property and may be admissible in the prosecution to the
same extent as if such property were introduced as evidence. Such photograph shall bear
a written description of the property alleged to have been wrongfully taken, the name of
the owner of the property, the location where the alleged wrongful taking occurred, the
name of the investigating law enforcement officer, the date the photograph was taken,
and the name of the photographer. Such writing shall be made under oath by the
investigating law enforcement officer, and the photograph shall be identified by the
signature of the photographer. Upon the filing of such photograph and writing with the
law enforcement authority or court holding such property as evidence, the property may
be returned to the owner from whom the property was taken.
CHAPTER 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL
PROVISIONS
112.19. Law enforcement, correctional, and correctional probation
officers; death benefits.
(1) Whenever used in this section, the term:
As a result of the officer’s response to what is reasonably believed to be an
emergency;
At the scene of a traffic accident to which the officer has responded; or
While the officer is enforcing what is reasonably believed to be a traffic law or
ordinance.
This sum is in addition to any sum provided for in paragraph (a). Notwithstanding
any other provision of law, in no case shall the amount payable under this subsection be
less than the actual amount stated therein.
If a law enforcement, correctional, or correctional probation officer, while engaged in
the performance of the officer’s law enforcement duties, is unlawfully and intentionally
killed or dies as a result of such unlawful and intentional act, the sum of $150,000, as
adjusted pursuant to paragraph (j), shall be paid as provided in this section.
Notwithstanding any other provision of law, in no case shall the amount payable under
this subsection be less than the actual amount stated therein.
Such payments, pursuant to the provisions of paragraphs (a), (b), and (c), whether
secured by insurance or not, shall be made to the beneficiary designated by such law
enforcement, correctional, or correctional probation officer in writing, signed by the
officer and delivered to the employer during the officer’s lifetime. If no such designation
is made, then it shall be paid to the officer’s surviving child or children and spouse in
equal portions, and if there is no surviving child or spouse, then to the officer’s parent or
parents. If a beneficiary is not designated and there is no surviving child, spouse, or
parent, then it shall be paid to the officer’s estate.
Such payments, pursuant to the provisions of paragraphs (a), (b), and (c), are in
addition to any workers’ compensation or pension benefits and are exempt from the
claims and demands of
creditors of such law enforcement, correctional, or correctional probation officer.
If a fulltime law enforcement, correctional, or correctional probation officer who is
certified pursuant to chapter 943 and employed by a state agency is killed in the line of
duty while the officer is engaged in the performance of law enforcement duties or as a
result of an assault against the officer under riot conditions:
The sum of $1,000 shall be paid, as provided for in paragraph (d), toward the funeral
and burial expenses of such officer. Such benefits are in addition to any other benefits to
which employee beneficiaries and dependents are entitled under the Workers’
Compensation Law or any other state or federal statutes; and
The officer’s employing agency may pay up to $5,000 directly toward the venue
expenses associated with the funeral and burial services of such officer.
Any political subdivision of the state that employs a fulltime law enforcement
officer as defined in s. 943.10(1) or a fulltime correctional officer as defined in s.
943.10(2) who is killed in the line of duty on or after July 1, 1993, as a result of an act of
violence inflicted by another person while the officer is engaged in the performance of
law enforcement duties or as a result of an assault against the officer under riot conditions
shall pay the entire premium of the political subdivision’s health insurance plan for the
employee’s surviving spouse until remarried, and for each dependent child of the
employee until the child reaches the age of majority or until the end of the calendar year
in which the child
reaches the age of 25 if:
At the time of the employee’s death, the child is dependent upon the employee for
support; and
The surviving child continues to be dependent for support, or the surviving child is a
fulltime or parttime student and is dependent for support.
1. Any employer who employs a fulltime law enforcement, correctional, or
correctional probation officer who, on or after January 1, 1995, suffers a catastrophic
injury, as defined in s. 440.02, Florida Statutes 2002, in the line of duty shall pay the
entire premium of the employer’s health insurance plan for the injured employee, the
injured employee’s spouse, and for each dependent child of the injured employee until
the child reaches the age of majority or until the end of the calendar year in which the
child reaches the age of 25 if the child continues to be dependent for support, or the child
is a fulltime or parttime student and is dependent for support. The term “health
insurance plan” does not include supplemental benefits that are not part of the basic
group health insurance plan. If the injured employee subsequently dies, the employer
shall continue to pay the entire health insurance premium for the surviving spouse until
remarried, and for the dependent children, under the conditions outlined in this
paragraph. However:
a. Health insurance benefits payable from any other source shall reduce benefits
payable under this section.
b. It is unlawful for a person to willfully and knowingly make, or cause to be made,
or to assist, conspire with, or urge another to make, or cause to be made, any false,
fraudulent, or misleading
oral or written statement to obtain health insurance coverage as provided under this
paragraph. A person who violates this subsubparagraph commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083.
c. In addition to any applicable criminal penalty, upon conviction for a violation as
probation officer or other beneficiary who receives or seeks to receive health insurance
benefits under this paragraph shall forfeit the right to receive such health insurance
benefits, and shall reimburse the employer for all benefits paid due to the fraud or other
adjudication is withheld.
In order for the officer, spouse, and dependent children to be eligible for such
insurance coverage, the injury must have occurred as the result of the officer’s response
to fresh pursuit, the officer’s response to what is reasonably believed to be an emergency,
or an unlawful act perpetrated by another. Except as otherwise provided herein, nothing
in this paragraph shall be construed to limit health insurance coverage for which the
officer, spouse, or dependent children may otherwise be eligible, except that a person
who qualifies under this section shall not be eligible for the health insurance subsidy
provided under chapter 121, chapter 175, or chapter 185.
The Bureau of Crime Prevention and Training within the Department of Legal
Affairs shall adopt rules necessary to implement paragraphs (a), (b), and (c).
Any payments made pursuant to paragraph (a), paragraph (b), or paragraph (c) shall
consist of the statutory amount adjusted to reflect price level changes since the effective
date of this act. The Bureau of Crime Prevention and Training shall by rule adjust the
statutory amount based on the Consumer Price Index for All Urban Consumers published
by the United States Department of Labor. Adjustment shall be made July 1 of each year
using the most recent month for which data are available at the time of the adjustment.
(3) 1If a law enforcement, correctional, or correctional probation officer is
accidentally killed as specified in paragraph
(2)(b) on or after June 22, 1990, or unlawfully and intentionally killed as specified in
paragraph (2)(c) on or after July 1, 1980, the state shall waive certain educational
expenses that the child or spouse of the deceased officer incurs while obtaining a career
certificate, an undergraduate education, or a postgraduate education. The amount waived
by the state shall be an amount equal to the cost of tuition and matriculation and
registration fees for a total of 120 credit hours. The child or spouse may attend a state
career center, a Florida College System institution, or a state university. The child or
spouse may attend any or all of the institutions specified in this subsection, on either a
fulltime or parttime basis. The benefits provided to a child under this subsection shall
continue until the child’s 25th birthday. The benefits provided to a spouse under this
subsection must commence within 5 years after the death occurs, and entitlement thereto
shall continue until the 10th anniversary of that death.
Upon failure of any child or spouse benefited by the provisions of this subsection to
comply with the ordinary and
minimum requirements of the institution attended, both as to discipline and scholarship,
the benefits shall be withdrawn as to the child or spouse and no further moneys may be
expended for the child’s or spouse’s benefits so long as such failure or delinquency
continues.
Only a student in good standing in his or her respective institution may receive the
benefits thereof.
A child or spouse receiving benefits under this subsection must be enrolled according
to the customary rules and requirements of the institution attended.
(a) The employer of such law enforcement, correctional, or correctional probation
officer is liable for the payment of the sums specified in this section and is deemed self
insured, unless it procures and maintains, or has already procured and maintained,
insurance to secure such payments. Any such insurance may cover only the risks
indicated in this section, in the amounts indicated in this section, or it may cover those
risks and additional risks and may be in larger amounts. Any such insurance shall be
placed by such employer only after public bid of such insurance coverage which
coverage shall be awarded to the carrier making the lowest best bid.
Payment of benefits to beneficiaries of state employees, or of the premiums to cover
the risk, under the provisions of this section shall be paid from existing funds otherwise
appropriated to the department employing the law enforcement, correctional, or
correctional probation officers.
The State Board of Education shall adopt rules and procedures, and the Board of
Governors shall adopt regulations
and procedures, as are appropriate and necessary to implement the educational benefits
provisions of this section.
Notwithstanding any provision of this section to the contrary, the death benefits
provided in paragraphs (2)(c) and (g) shall also be applicable and paid in cases where an
officer received bodily injury prior to July 1, 1993, and subsequently died on or after July
intentional act, or an act of violence inflicted by another, or an assault on the officer
under riot conditions. Payment of such benefits shall be in accordance with provisions of
this section. Nothing in this provision shall be construed to limit death benefits for which
those individuals listed in paragraph (2)(d) may otherwise be eligible.
112.532. Law enforcement officers’ and correctional officers’
rights.
All law enforcement officers and correctional officers employed by or appointed to a
privileges:
RIGHTS OF LAW ENFORCEMENT OFFICERS AND
CORRECTIONAL OFFICERS WHILE UNDER INVESTIGATION.—Whenever a law
interrogation by members of his or her agency for any reason that could lead to
conducted under the following conditions:
The interrogation shall be conducted at a reasonable hour,
preferably at a time when the law enforcement officer or correctional officer is on duty,
unless the seriousness of the investigation is of such a degree that immediate action is
required.
The interrogation shall take place either at the office of the command of the
investigating officer or at the office of the local precinct, police unit, or correctional unit
in which the incident allegedly occurred, as designated by the investigating officer or
agency.
The law enforcement officer or correctional officer under investigation shall be
informed of the rank, name, and command of the officer in charge of the investigation,
the interrogating officer, and all persons present during the interrogation. All questions
directed to the officer under interrogation shall be asked by or through one interrogator
during any one investigative interrogation, unless specifically waived by the officer under
investigation.
The law enforcement officer or correctional officer under investigation must be
informed of the nature of the investigation before any interrogation begins, and he or she
must be informed of the names of all complainants. All identifiable witnesses shall be
interviewed, whenever possible, prior to the beginning of the investigative interview of
the accused officer. The complaint, all witness statements, including all other existing
subject officer statements, and all other existing evidence, including, but not limited to,
incident reports, GPS locator information, and audio or video recordings relating to the
incident under investigation, must be provided to each officer who is the subject of the
complaint before the beginning of any investigative interview of that officer. An officer,
after being informed of the right to review witness
statements, may voluntarily waive the provisions of this paragraph and provide a
voluntary statement at any time.
Interrogating sessions shall be for reasonable periods and shall be timed to allow for
such personal necessities and rest periods as are reasonably necessary.
The law enforcement officer or correctional officer under interrogation may not be
subjected to offensive language or be threatened with transfer, dismissal, or disciplinary
action. A promise or reward may not be made as an inducement to answer any questions.
The formal interrogation of a law enforcement officer or correctional officer,
including all recess periods, must be recorded on audio tape, or otherwise preserved in
such a manner as to allow a transcript to be prepared, and there shall be no unrecorded
questions or statements. Upon the request of the interrogated officer, a copy of any
recording of the interrogation session must be made available to the interrogated officer
no later than 72 hours, excluding holidays and weekends, following said interrogation.
If the law enforcement officer or correctional officer under interrogation is under
arrest, or is likely to be placed under arrest as a result of the interrogation, he or she shall
be completely informed of all his or her rights before commencing the interrogation.
At the request of any law enforcement officer or correctional officer under
investigation, he or she has the right to be represented by counsel or any other
representative of his or her choice, who shall be present at all times during the
interrogation
whenever the interrogation relates to the officer’s continued fitness for law enforcement
or correctional service.
Notwithstanding the rights and privileges provided by this part, this part does not
limit the right of an agency to discipline or to pursue criminal charges against an officer.
COMPLAINT REVIEW BOARDS.—A complaint review board shall be composed
of three members: One member selected by the chief administrator of the agency or unit;
one member selected by the aggrieved officer; and a third member to be selected by the
other two members. Agencies or units having more than 100 law enforcement officers or
correctional officers shall utilize a fivemember board, with two members being selected
by the administrator, two members being selected by the aggrieved officer, and the fifth
member being selected by the other four members. The board members shall be law
enforcement officers or correctional officers selected from any state, county, or municipal
agency within the county. There shall be a board for law enforcement officers and a
board for correctional officers whose members shall be from the same discipline as the
aggrieved officer. The provisions of this subsection shall not apply to sheriffs or deputy
sheriffs.
CIVIL SUITS BROUGHT BY LAW ENFORCEMENT OFFICERS OR
CORRECTIONAL OFFICERS.—Every law enforcement officer or correctional officer
shall have the right to bring civil suit against any person, group of persons, or
organization or corporation, or the head of such organization or corporation, for damages,
either pecuniary or otherwise, suffered during the performance of the officer’s official
duties, for abridgment of the officer’s civil rights arising out of the officer’s
performance of official duties, or for filing a complaint against the officer which the
person knew was false when it was filed. This section does not establish a separate civil
action against the officer’s employing law enforcement agency for the investigation and
processing of a complaint filed under this part.
(a) NOTICE OF DISCIPLINARY ACTION.—A dismissal, demotion, transfer,
reassignment, or other personnel action that might result in loss of pay or benefits or that
might otherwise be considered a punitive measure may not be taken against any law
enforcement officer or correctional officer unless the law enforcement officer or
correctional officer is notified of the action and the reason or reasons for the action before
the effective date of the action.
Notwithstanding s. 112.533(2), whenever a law enforcement officer or correctional
officer is subject to disciplinary action consisting of suspension with loss of pay,
demotion, or dismissal, the officer or the officer’s representative shall, upon request, be
provided with a complete copy of the investigative file, including the final investigative
report and all evidence, and with the opportunity to address the findings in the report with
the employing law enforcement agency before imposing disciplinary action consisting of
suspension with loss of pay, demotion, or dismissal. The contents of the complaint and
investigation shall remain confidential until such time as the employing law enforcement
agency makes a final determination whether or not to issue a notice of disciplinary action
consisting of suspension with loss of pay, demotion, or dismissal. This paragraph does
not provide law enforcement officers with a property interest or expectancy of continued
employment,
employment, or appointment as a law enforcement officer.
The running of the limitations period is tolled during the time that any criminal
investigation or prosecution is pending in connection with the act, omission, or other
allegation of misconduct.
If the investigation involves an officer who is incapacitated or otherwise unavailable, the
running of the limitations period is tolled during the period of incapacitation or
unavailability.
In a multijurisdictional investigation, the limitations period may be extended for a period
of time reasonably necessary to facilitate the coordination of the agencies involved.
The running of the limitations period may be tolled for emergencies or natural disasters
during the time period wherein the Governor has declared a state of emergency within the
jurisdictional boundaries of the concerned agency.
The running of the limitations period is tolled during the time that the officer’s
compliance hearing proceeding is continuing beginning with the filing of the notice of
violation and a request for a hearing and ending with the written determination of the
compliance review panel or upon the violation being remedied by the agency.
An investigation against a law enforcement officer or correctional officer may be
reopened, notwithstanding the limitations period for commencing disciplinary action,
demotion, or dismissal, if:
Significant new evidence has been discovered that is likely to affect the outcome of the
investigation.
The evidence could not have reasonably been discovered in
the normal course of investigation or the evidence resulted from the predisciplinary
response of the officer.
Any disciplinary action resulting from an investigation that is reopened pursuant to
this paragraph must be completed within 90 days after the date the investigation is
reopened.
112.533. Receipt and processing of complaints.
(a) Every law enforcement agency and correctional agency shall establish and put
into operation a system for the receipt, investigation, and determination of complaints
received by such agency from any person, which shall be the procedure for investigating
a complaint against a law enforcement and correctional officer and for determining
whether to proceed with disciplinary action or to file disciplinary charges,
notwithstanding any other law or ordinance to the contrary. When law enforcement or
correctional agency personnel assigned the responsibility of investigating the complaint
prepare an investigative report or summary, regardless of form, the person preparing the
report shall, at the time the report is completed:
Verify pursuant to s. 92.525 that the contents of the report are true and accurate
based upon the person’s personal knowledge, information, and belief.
Include the following statement, sworn and subscribed to pursuant to s. 92.525:
“I, the undersigned, do hereby swear, under penalty of perjury, that, to the best of my
personal knowledge, information, and belief, I have not knowingly or willfully deprived,
or allowed another to deprive, the subject of the investigation of any of the
rights contained in ss. 112.532 and 112.533, Florida Statutes.”
This subsection does not apply to any public record which is exempt from public
disclosure pursuant to chapter 119. For the purposes of this subsection, an investigation
shall be considered active as long as it is continuing with a reasonable, good faith
anticipation that an administrative finding will be made in the foreseeable future. An
investigation shall be presumed to be inactive if no finding is made within 45 days after
the complaint is
filed.
Notwithstanding other provisions of this section, the complaint and information shall
be available to law enforcement agencies, correctional agencies, and state attorneys in the
conduct of a lawful criminal investigation.
A law enforcement officer or correctional officer has the right to review his or her
official personnel file at any reasonable time under the supervision of the designated
records custodian. A law enforcement officer or correctional officer may attach to the file
a concise statement in response to any items included in the file identified by the officer
as derogatory, and copies of such items must be made available to the officer.
Any person who is a participant in an internal investigation, including the
complainant, the subject of the investigation and the subject’s legal counsel or a
representative of his or her choice, the investigator conducting the investigation, and any
witnesses in the investigation, who willfully discloses any information obtained pursuant
to the agency’s investigation, including, but not limited to, the identity of the officer
under investigation, the nature of the questions asked, information revealed, or
documents furnished in connection with a confidential internal investigation of an
agency, before such complaint, document, action, or proceeding becomes a public record
as provided in this section commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083. However, this subsection does not limit a law
enforcement or correctional officer’s ability to gain access to information under
paragraph (2)(a). Additionally, a sheriff, police chief, or other head of a law enforcement
agency, or his or her designee, is not precluded by this section from acknowledging the
existence of a complaint and the fact that an investigation is underway.
112.534. Failure to comply; official misconduct.
If any law enforcement agency or correctional agency, including investigators in its
internal affairs or professional standards division, or an assigned investigating supervisor,
intentionally fails to comply with the requirements of this part, the following procedures
apply. For purposes of this section, the term “law enforcement officer” or “correctional
officer” includes the officer’s representative or legal counsel, except in application of
paragraph (d).
The law enforcement officer or correctional officer shall advise the investigator of
the intentional violation of the requirements of this part which is alleged to have
occurred. The officer’s notice of violation is sufficient to notify the investigator of the
requirements of this part which are alleged to have been violated and the factual basis of
each violation.
If the investigator fails to cure the violation or continues the violation after being
notified by the law enforcement officer or correctional officer, the officer shall request
the agency head or his or her designee be informed of the alleged intentional violation.
Once this request is made, the interview of the officer shall cease, and the officer’s
refusal to respond to further investigative questions does not constitute insubordination or
any similar type of policy violation.
Thereafter, within 3 working days, a written notice of violation and request for a
compliance review hearing shall be
filed with the agency head or designee which must contain sufficient information to
identify the requirements of this part which are alleged to have been violated and the
factual basis of each violation. All evidence related to the investigation must be preserved
for review and presentation at the compliance review hearing. For purposes of
confidentiality, the compliance review panel hearing shall be considered part of the
original investigation.
Unless otherwise remedied by the agency before the hearing, a compliance review
hearing must be conducted within 10 working days after the request for a compliance
review hearing is filed, unless, by mutual agreement of the officer and agency or for
extraordinary reasons, an alternate date is chosen. The panel shall review the
circumstances and facts surrounding the alleged intentional violation. The compliance
review panel shall be made up of three members: one member selected by the agency
head, one member selected by the officer filing the request, and a third member to be
selected by the other two members. The review panel members shall be law enforcement
officers or correctional officers who are active from the same law enforcement discipline
as the officer requesting the hearing. Panel members may be selected from any state,
county, or municipal agency within the county in which the officer works. The
compliance review hearing shall be conducted in the county in which the officer works.
It is the responsibility of the compliance review panel to determine whether or not the
investigator or agency intentionally violated the requirements provided under this part. It
may hear evidence, review relevant documents, and hear argument before
making such a determination; however, all evidence received shall be strictly limited to
the allegation under consideration and may not be related to the disciplinary charges
pending against the officer. The investigative materials are considered confidential for
purposes of the compliance review hearing and determination.
The officer bears the burden of proof to establish that the violation of this part was
intentional. The standard of proof for such a determination is by a preponderance of the
evidence. The determination of the panel must be made at the conclusion of the hearing,
in writing, and filed with the agency head and the officer.
If the alleged violation is sustained as intentional by the compliance review panel, the
agency head shall immediately remove the investigator from any further involvement
with the investigation of the officer. Additionally, the agency head shall direct an
investigation be initiated against the investigator determined to have intentionally
violated the requirements provided under this part for purposes of agency disciplinary
action. If that investigation is sustained, the sustained allegations against the investigator
shall be forwarded to the Criminal Justice Standards and Training Commission for review
as an act of official misconduct or misuse of position.
(a) All the provisions of s. 838.022 shall apply to this part.
(b) The provisions of chapter 120 do not apply to this part.
CHAPTER 117
NOTARIES PUBLIC
117.10. Law enforcement and correctional officers;
administration of oaths.
For purposes of this section, the term “reliable electronic means” means the signing
and transmission of a document through means compliant with criminal justice
information system security measures. Such signing and transmission must be made by
an affiant to an officer authorized to administer oaths under subsection (2) under
circumstances that indicate that the document was submitted by the affiant.
Law enforcement officers, correctional officers, and correctional probation officers,
as defined in s. 943.10, and traffic accident investigation officers and traffic infraction
enforcement officers, as described in s. 316.640, are authorized to administer oaths by
reliable electronic means or in the physical presence of an affiant when engaged in the
performance of official duties. Sections 117.01, 117.04, 117.045, 117.05, and 117.103 do
not apply to this section. An officer may not notarize his or her own signature.
An oath administered pursuant to this section is an acceptable method of verification
as provided under s. 92.525.
CHAPTER 119
PUBLIC RECORDS
119.011. Definitions.
As used in this chapter, the term:
The name, sex, age, and address of a person arrested or of the victim of a crime
except as provided in s. 119.071(2)(h).
The time, date, and location of the incident and of the arrest.
The crime charged.
Criminal intelligence information shall be considered “active” as long as it is related
to intelligence gathering conducted with a reasonable, good faith belief that it will lead to
detection of ongoing or reasonably anticipated criminal activities.
Criminal investigative information shall be considered “active” as long as it is related
to an ongoing investigation which is continuing with a reasonable, good faith anticipation
of securing an arrest or prosecution in the foreseeable future.
In addition, criminal intelligence and criminal investigative information shall be
considered “active” while such information is directly related to pending prosecutions or
appeals. The word “active” shall not apply to information in cases which are barred from
prosecution under the provisions of s. 775.15 or other statute of limitation.
[Remainder intentionally omitted.]
119.07. Inspection and copying of records; photographing public records;
fees; exemptions.
(a) Every person who has custody of a public record shall permit the record to be
inspected and copied by any person desiring to do so, at any reasonable time, under
reasonable conditions, and under supervision by the custodian of the public records.
A custodian of public records or a person having custody of public records may
designate another officer or employee of the agency to permit the inspection and copying
of public records, but must disclose the identity of the designee to the person requesting
to inspect or copy public records.
A custodian of public records and his or her designee must acknowledge requests to
inspect or copy records promptly and respond to such requests in good faith. A good faith
response includes making reasonable efforts to determine from other
officers or employees within the agency whether such a record exists and, if so, the
location at which the record can be accessed.
A person who has custody of a public record who asserts that an exemption applies to
a part of such record shall redact that portion of the record to which an exemption has
been asserted and validly applies, and such person shall produce the remainder of such
record for inspection and copying.
If the person who has custody of a public record contends that all or part of the
record is exempt from inspection and copying, he or she shall state the basis of the
exemption that he or she contends is applicable to the record, including the statutory
citation to an exemption created or afforded by statute.
If requested by the person seeking to inspect or copy the record, the custodian of
public records shall state in writing and with particularity the reasons for the conclusion
that the record is exempt or confidential.
[Remainder intentionally omitted.]
119.071. General exemptions from inspection or copying of public records.
[Intentionally omitted.]
AGENCY INVESTIGATIONS.—
paragraph.
salary, benefits, discipline, discharge, employee performance, evaluation, or other related
activities are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until a
finding is made relating to probable cause, the investigation of the complaint becomes
inactive, or the complaint or other record is made part of the official record of any
hearing or court proceeding.
a. This exemption does not affect any function or activity of the Florida Commission
on Human Relations.
b. Any state or federal agency that is authorized to have access to such complaints or
records by any provision of law shall be granted such access in the furtherance of such
agency’s statutory duties.
If an alleged victim chooses not to file a complaint and requests that records of the
complaint remain confidential, all records relating to an allegation of employment
discrimination are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the
State Constitution.
1. The following criminal intelligence information or criminal investigative
information is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
Constitution:
a. Any information that reveals the identity of the victim of the crime of child abuse
as defined by chapter 827 or that reveals the identity of a person under the age of 18 who
is the victim of the crime of human trafficking proscribed in s. 787.06(3)(a).
b. Any information that may reveal the identity of a person who is a victim of any
sexual offense, including a sexual offense proscribed in s. 787.06(3)(b), (d), (f), or (g),
chapter 794, chapter
796, chapter 800, chapter 827, or chapter 847.
c. A photograph, videotape, or image of any part of the body of the victim of a sexual
offense prohibited under s. 787.06(3)(b), (d), (f), or (g), chapter 794, chapter 796, chapter
800, s. 810.145, chapter 827, or chapter 847, regardless of whether the photograph,
videotape, or image identifies the victim.
Criminal investigative information and criminal intelligence information made
confidential and exempt under this paragraph may be disclosed by a law enforcement
agency:
a. In the furtherance of its official duties and responsibilities.
b. For print, publication, or broadcast if the law enforcement agency determines that
such release would assist in locating or identifying a person that such agency believes to
be missing or endangered. The information provided should be limited to that needed to
identify or locate the victim and not include the sexual nature of the offense committed
against the person.
c. To another governmental agency in the furtherance of its official duties and
responsibilities.
This exemption applies to such confidential and exempt criminal intelligence
information or criminal investigative information held by a law enforcement agency
before, on, or after the effective date of the exemption.
This paragraph is subject to the Open Government Sunset Review Act in accordance
with s. 119.15, and shall stand repealed on October 2, 2020, unless reviewed and saved
from repeal through reenactment by the Legislature.
Any criminal intelligence information or criminal investigative information that
reveals the personal assets of the victim of a crime, other than property stolen or
destroyed during the commission of the crime, is exempt from s. 119.07(1) and s. 24(a),
Art. I of the State Constitution.
1. Any document that reveals the identity, home or employment telephone number,
home or employment address, or personal assets of the victim of a crime and identifies
that person as the victim of a crime, which document is received by any agency that
regularly receives information from or concerning the victims of crime, is exempt from s.
119.07(1) and s. 24(a), Art. I of the State Constitution. Any information not otherwise
held confidential or exempt from s. 119.07(1) which reveals the home or employment
telephone number, home or employment address, or personal assets of a person who has
been the victim of sexual battery, aggravated child abuse, aggravated stalking,
harassment, aggravated battery, or domestic violence is exempt from s. 119.07(1) and s.
24(a), Art. I of the State Constitution, upon written request by the victim, which must
include official verification that an applicable crime has occurred. Such information shall
cease to be exempt 5 years after the receipt of the written request. Any state or federal
agency that is authorized to have access to such documents by any provision of law shall
be granted such access in the furtherance of such agency’s statutory duties,
notwithstanding this section.
a. Any information in a videotaped statement of a minor who is alleged to be or who
is a victim of sexual battery, lewd acts, or other sexual misconduct proscribed in chapter
800 or in s. 794.011, s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s.
847.0133, or s. 847.0145, which reveals that minor’s identity, including, but not limited
to, the minor’s face; the minor’s home, school, church, or employment telephone number;
the minor’s home, school, church, or employment address; the name of the minor’s
school, church, or place of employment; or the personal assets of the minor; and which
identifies that minor as the victim of a crime described in this subparagraph, held by a
law enforcement agency, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
of the State Constitution. Any governmental agency that is authorized to have access to
such statements by any provision of law shall be granted such access in the furtherance of
the agency’s statutory duties, notwithstanding the provisions of this section.
b. A public employee or officer who has access to a videotaped statement of a minor
who is alleged to be or who is a victim of sexual battery, lewd acts, or other sexual
misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s.
847.0125, s. 847.013, s. 847.0133, or s. 847.0145 may not willfully and knowingly
disclose videotaped information that reveals the minor’s identity to a person who is not
assisting in the investigation or prosecution of the alleged offense or to any person other
than the defendant, the defendant’s attorney, or a person specified in an order entered by
the court having jurisdiction of the alleged offense. A person who violates this provision
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
1. A complaint of misconduct filed with an agency against an agency employee and
all information obtained pursuant to an investigation by the agency of the complaint of
misconduct is
confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
until the investigation ceases to be active, or until the agency provides written notice to
the employee who is the subject of the complaint, either personally or by mail, that the
agency has either:
a. Concluded the investigation with a finding not to proceed with disciplinary action
or file charges; or
b. Concluded the investigation with a finding to proceed with disciplinary action or
file charges.
Subparagraph 1. is subject to the Open Government Sunset Review Act in
accordance with s. 119.15 and shall stand repealed on October 2, 2018, unless reviewed
and saved from repeal through reenactment by the Legislature.
(l) 1. As used in this paragraph, the term:
a. “Body camera” means a portable electronic recording device that is worn on a law
enforcement officer’s body and that records audio and video data in the course of the
officer performing his or her official duties and responsibilities.
b. “Law enforcement officer” has the same meaning as provided in s. 943.10.
c. “Personal representative” means a parent, a courtappointed guardian, an attorney,
or an agent of, or a person holding a power of attorney for, a person recorded by a body
camera. If a person depicted in the recording is deceased, the term also means the
personal representative of the estate of the deceased person; the deceased person’s
surviving spouse, parent, or adult child; the deceased person’s attorney or agent; or the
parent or guardian of a
surviving minor child of the deceased. An agent must possess written authorization of the
recorded person to act on his or her behalf.
A body camera recording, or a portion thereof, is confidential and exempt from s.
119.07(1) and s. 24(a), Art. I of the State Constitution if the recording:
a. Is taken within the interior of a private residence;
b. Is taken within the interior of a facility that offers health care, mental health care,
or social services; or
c. Is taken in a place that a reasonable person would expect to be private.
Notwithstanding subparagraph 2., a body camera recording may be disclosed by a
law enforcement agency:
a. In furtherance of its official duties and responsibilities; or
b. To another governmental agency in the furtherance of its official duties and
responsibilities.
A body camera recording, or a portion thereof, shall be disclosed by a law
enforcement agency:
a. To a person recorded by a body camera; however, a law enforcement agency may
disclose only those portions that are relevant to the person’s presence in the recording;
b. To the personal representative of a person recorded by a body camera; however, a
law enforcement agency may disclose only those portions that are relevant to the
represented person’s presence in the recording;
c. To a person not depicted in a body camera recording if the recording depicts a
place in which the person lawfully resided, dwelled, or lodged at the time of the
recording; however, a law enforcement agency may disclose only those portions that
record the interior of such a place.
d. Pursuant to a court order.
I. In addition to any other grounds the court may consider in determining whether to
order that a body camera recording be disclosed, the court shall consider whether:
Disclosure is necessary to advance a compelling interest;
In any proceeding regarding the disclosure of a body camera recording, the law
enforcement agency that made the recording
shall be given reasonable notice of hearings and shall be given an opportunity to
participate.
A law enforcement agency must retain a body camera recording for at least 90 days.
The exemption provided in subparagraph 2. applies retroactively.
This exemption does not supersede any other public records exemption that existed
before or is created after the effective date of this exemption. Those portions of a
recording which are protected from disclosure by another public records exemption shall
continue to be exempt or confidential and exempt.
This paragraph is subject to the Open Government Sunset Review Act in accordance
with s. 119.15 and shall stand repealed on October 2, 2020, unless reviewed and saved
from repeal through reenactment by the Legislature.
(3) SECURITY.—
1. As used in this paragraph, the term “security system plan” includes all:
a. Records, information, photographs, audio and visual presentations, schematic
diagrams, surveys, recommendations, or consultations or portions thereof relating directly
to the physical security of the facility or revealing security systems;
b. Threat assessments conducted by any agency or any private entity;
c. Threat response plans;
d. Emergency evacuation plans;
e. Sheltering arrangements; or
f. Manuals for security personnel, emergency equipment, or security training.
2. A security system plan or portion thereof for:
a. Any property owned by or leased to the state or any of its political subdivisions; or
b. Any privately owned or leased property
held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of
the State Constitution. This exemption is remedial in nature, and it is the intent of the
Legislature that this exemption apply to security system plans held by an agency before,
on, or after the effective date of this paragraph.
Information made confidential and exempt by this paragraph may be disclosed:
a. To the property owner or leaseholder;
b. In furtherance of the official duties and responsibilities of the agency holding the
information;
c. To another local, state, or federal agency in furtherance of that agency’s official
duties and responsibilities; or
d. Upon a showing of good cause before a court of competent jurisdiction.
1. Building plans, blueprints, schematic drawings, and diagrams, including draft,
preliminary, and final formats, which depict the internal layout and structural elements of
a building,
arena, stadium, water treatment facility, or other structure owned or operated by an
agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
This exemption applies to building plans, blueprints, schematic drawings, and
diagrams, including draft, preliminary, and final formats, which depict the internal layout
and structural elements of a building, arena, stadium, water treatment facility, or other
structure owned or operated by an agency before, on, or after the effective date of this
act.
Information made exempt by this paragraph may be disclosed:
a. To another governmental entity if disclosure is necessary for the receiving entity to
perform its duties and responsibilities;
b. To a licensed architect, engineer, or contractor who is performing work on or
related to the building, arena, stadium, water treatment facility, or other structure owned
or operated by an agency; or
c. Upon a showing of good cause before a court of competent jurisdiction.
The entities or persons receiving such information shall maintain the exempt status of
the information.
1. Building plans, blueprints, schematic drawings, and diagrams, including draft,
preliminary, and final formats, which depict the internal layout or structural elements of
an attractions and recreation facility, entertainment or resort complex, industrial complex,
retail and service development, office development, or hotel or motel development,
which records are held by an agency
are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
This exemption applies to any such records held by an agency before, on, or after the
effective date of this act.
Information made exempt by this paragraph may be disclosed to another
governmental entity if disclosure is necessary for the receiving entity to perform its duties
and responsibilities; to the owner or owners of the structure in question or the owner’s
legal representative; or upon a showing of good cause before a court of competent
jurisdiction.
This paragraph does not apply to comprehensive plans or site plans, or amendments
thereto, which are submitted for approval or which have been approved under local land
development regulations, local zoning regulations, or developmentofregionalimpact
review.
As used in this paragraph, the term:
a. “Attractions and recreation facility” means any sports, entertainment, amusement,
or recreation facility, including, but not limited to, a sports arena, stadium, racetrack,
tourist attraction, amusement park, or parimutuel facility that:
I. For singleperformance facilities:
Provides singleperformance facilities; or
Provides more than 10,000 permanent seats for spectators.
II. For serialperformance facilities:
Provides parking spaces for more than 1,000 motor vehicles; or
Provides more than 4,000 permanent seats for spectators.
b. “Entertainment or resort complex” means a theme park comprised of at least 25
acres of land with permanent exhibitions and a variety of recreational activities, which
has at least 1 million visitors annually who pay admission fees thereto, together with any
lodging, dining, and recreational facilities located adjacent to, contiguous to, or in close
proximity to the theme park, as long as the owners or operators of the theme park, or a
parent or related company or subsidiary thereof, has an equity interest in the lodging,
dining, or recreational facilities or is in privity therewith. Close proximity includes an
area within a 5mile radius of the theme park complex.
c. “Industrial complex” means any industrial, manufacturing, processing,
distribution, warehousing, or wholesale facility or plant, as well as accessory uses and
structures, under common ownership that:
I. Provides onsite parking for more than 250 motor vehicles;
Encompasses 500,000 square feet or more of gross floor area; or
Occupies a site of 100 acres or more, but excluding wholesale facilities or plants that
primarily serve or deal onsite with the general public.
d. “Retail and service development” means any retail, service, or wholesale business
establishment or group of establishments which deals primarily with the general public
onsite and is operated under one common property ownership, development plan, or
management that:
I. Encompasses more than 400,000 square feet of gross floor area; or
II. Provides parking spaces for more than 2,500 motor vehicles.
e. “Office development” means any office building or park operated under common
ownership, development plan, or management that encompasses 300,000 or more square
feet of gross floor area.
f. “Hotel or motel development” means any hotel or motel development that
accommodates 350 or more units.
(4) AGENCY PERSONNEL INFORMATION.—
1. The social security numbers of all current and former agency employees which are
held by the employing agency are confidential and exempt from s. 119.07(1) and s. 24(a),
Art. I of the State Constitution.
The social security numbers of current and former agency employees may be
disclosed by the employing agency:
a. If disclosure of the social security number is expressly required by federal or state
law or a court order.
b. To another agency or governmental entity if disclosure of the social security
number is necessary for the receiving agency or entity to perform its duties and
responsibilities.
c. If the current or former agency employee expressly consents in writing to the
disclosure of his or her social security number.
1. Medical information pertaining to a prospective, current, or former officer or
employee of an agency which, if disclosed,
would identify that officer or employee is exempt from s. 119.07(1) and s. 24(a), Art. I of
the State Constitution. However, such information may be disclosed if the person to
whom the information pertains or the person’s legal representative provides written
permission or pursuant to court order.
a. Personal identifying information of a dependent child of a current or former officer
or employee of an agency, which dependent child is insured by an agency group
insurance plan, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
For purposes of this exemption, “dependent child” has the same meaning as in s.
409.2554.
b. This exemption is remedial in nature and applies to such personal identifying
information held by an agency before, on, or after the effective date of this exemption.
Any information revealing undercover personnel of any criminal justice agency is
exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
1. For purposes of this paragraph, the term “telephone numbers” includes home
telephone numbers, personal cellular telephone numbers, personal pager telephone
numbers, and telephone numbers associated with personal communications devices.
a. I. The home addresses, telephone numbers, social security numbers, dates of birth,
and photographs of active or former sworn or civilian law enforcement personnel,
including correctional and correctional probation officers, personnel of the Department of
Children and Families whose duties include the investigation of abuse, neglect,
exploitation, fraud, theft, or other
criminal activities, personnel of the Department of Health whose duties are to support the
investigation of child abuse or neglect, and personnel of the Department of Revenue or
local governments whose responsibilities include revenue collection and enforcement or
child support enforcement; the home addresses, telephone numbers, social security
numbers, photographs, dates of birth, and places of employment of the spouses and
children of such personnel; and the names and locations of schools and day care facilities
attended by the children of such personnel are exempt from s. 119.07(1).
The names of the spouses and children of active or former sworn or civilian law
enforcement personnel and the other specified agency personnel identified in subsub
subparagraph (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
Constitution.
Subsubsubparagraph (II) is subject to the Open Government Sunset Review Act in
accordance with s. 119.15, and shall stand repealed on October 2, 2018, unless reviewed
and saved from repeal through reenactment by the Legislature.
IV. The home addresses, telephone numbers, dates of birth, and photographs of
current or former nonsworn investigative personnel of the Department of Financial
Services whose duties include the investigation of fraud, theft, workers’ compensation
coverage requirements and compliance, other related criminal activities, or state
regulatory requirement violations; the names, home addresses, telephone numbers, dates
of birth, and places of employment of the spouses and children of such personnel; and the
names and locations of schools and day care facilities attended by the children of such
personnel are exempt from s. 119.07(1)
and s. 24(a), Art. I of the State Constitution. This subsubsubparagraph is subject to the
Open Government Sunset Review Act in accordance with s. 119.15 and shall stand
repealed on October 2, 2021, unless reviewed and saved from repeal through reenactment
by the Legislature.
b. The home addresses, telephone numbers, dates of birth, and photographs of
firefighters certified in compliance with s. 633.408; the home addresses, telephone
numbers, photographs, dates of birth, and places of employment of the spouses and
children of such firefighters; and the names and locations of schools and day care
facilities attended by the children of such firefighters are exempt from s. 119.07(1).
c. The home addresses, dates of birth, and telephone numbers of current or former
justices of the Supreme Court, district court of appeal judges, circuit court judges, and
county court judges; the home addresses, telephone numbers, dates of birth, and places of
employment of the spouses and children of current or former justices and judges; and the
names and locations of schools and day care facilities attended by the children of current
or former justices and judges are exempt from s. 119.07(1).
d. I. The home addresses, telephone numbers, social security numbers, dates of birth,
and photographs of current or former state attorneys, assistant state attorneys, statewide
prosecutors, or assistant statewide prosecutors; the home addresses, telephone numbers,
social security numbers, photographs, dates of birth, and places of employment of the
spouses and children of current or former state attorneys, assistant state attorneys,
statewide prosecutors, or assistant statewide prosecutors; and the names and locations of
schools and day care facilities attended by the
children of current or attorneys, statewide prosecutors are exempt the State Constitution.
former state attorneys, assistant state prosecutors, or assistant statewide from s.
119.07(1) and s. 24(a), Art. I of
The names of the spouses and children of current or former state attorneys, assistant
state attorneys, statewide prosecutors, or assistant statewide prosecutors are exempt from
s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
Subsubsubparagraph (II) is subject to the Open Government Sunset Review Act in
accordance with s. 119.15, and shall stand repealed on October 2, 2018, unless reviewed
and saved from repeal through reenactment by the Legislature.
e. The home addresses, dates of birth, and telephone numbers of general magistrates,
special magistrates, judges of compensation claims, administrative law judges of the
Division of Administrative Hearings, and child support enforcement hearing officers; the
home addresses, telephone numbers, dates of birth, and places of employment of the
spouses and children of general magistrates, special magistrates, judges of compensation
claims, administrative law judges of the Division of Administrative Hearings, and child
support enforcement hearing officers; and the names and locations of schools and day
care facilities attended by the children of general magistrates, special magistrates, judges
of compensation claims, administrative law judges of the Division of Administrative
Hearings, and child support enforcement hearing officers are exempt from s. 119.07(1)
and s. 24(a), Art. I of the State Constitution if the general magistrate, special magistrate,
judge of compensation claims, administrative law judge of the Division of Administrative
Hearings, or child support hearing
officer provides a written statement that the general magistrate, special magistrate, judge
of compensation claims, administrative law judge of the Division of Administrative
Hearings, or child support hearing officer has made reasonable efforts to protect such
information from being accessible through other means available to the public.
f. The home addresses, telephone numbers, dates of birth, and photographs of current
or former human resource, labor relations, or employee relations directors, assistant
directors, managers, or assistant managers of any local government agency or water
management district whose duties include hiring and firing employees, labor contract
negotiation, administration, or other personnelrelated duties; the names, home addresses,
telephone numbers, dates of birth, and places of employment of the spouses and children
of such personnel; and the names and locations of schools and day care facilities attended
by the children of such personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of the
State Constitution.
g. The home addresses, telephone numbers, dates of birth, and photographs of current
or former code enforcement officers; the names, home addresses, telephone numbers,
dates of birth, and places of employment of the spouses and children of such personnel;
and the names and locations of schools and day care facilities attended by the children of
such personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
h. The home addresses, telephone numbers, places of employment, dates of birth, and
photographs of current or former guardians ad litem, as defined in s. 39.820; the names,
home addresses, telephone numbers, dates of birth, and places of
employment of the spouses and children of such persons; and the names and locations of
schools and day care facilities attended by the children of such persons are exempt from
s. 119.07(1) and s. 24(a), Art. I of the State Constitution, if the guardian ad litem provides
a written statement that the guardian ad litem has made reasonable efforts to protect such
information from being accessible through other means available to the public.
i. The home addresses, telephone numbers, dates of birth, and photographs of current
or former juvenile probation officers, juvenile probation supervisors, detention
superintendents, assistant detention superintendents, juvenile justice detention officers I
and II, juvenile justice detention officer supervisors, juvenile justice residential officers,
juvenile justice residential officer supervisors I and II, juvenile justice counselors,
juvenile justice counselor supervisors, human services counselor administrators, senior
human services counselor administrators, rehabilitation therapists, and social services
counselors of the Department of Juvenile Justice; the names, home addresses, telephone
numbers, dates of birth, and places of employment of spouses and children of such
personnel; and the names and locations of schools and day care facilities attended by the
children of such personnel are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
Constitution.
j. I. The home addresses, telephone numbers, dates of birth, and photographs of
current or former public defenders, assistant public defenders, criminal conflict and civil
regional counsel, and assistant criminal conflict and civil regional counsel; the home
addresses, telephone numbers, dates of birth, and places of employment of the spouses
and children of such defenders or
counsel; and the names and locations of schools and day care facilities attended by the
children of such defenders or counsel are exempt from s. 119.07(1) and s. 24(a), Art. I of
the State Constitution.
The names of the spouses and children of the specified agency personnel identified in
subsubsubparagraph (I) are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
Constitution. This subsubsubparagraph is subject to the Open Government Sunset
Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2019,
unless reviewed and saved from repeal through reenactment by the Legislature.
k. The home addresses, telephone numbers, and photographs of current or former
investigators or inspectors of the Department of Business and Professional Regulation;
the names, home addresses, telephone numbers, and places of employment of the spouses
and children of such current or former investigators and inspectors; and the names and
locations of schools and day care facilities attended by the children of such current or
former investigators and inspectors are exempt from s. 119.07(1) and s. 24(a), Art. I of
the State Constitution if the investigator or inspector has made reasonable efforts to
protect such information from being accessible through other means available to the
public. This subsubparagraph is subject to the Open Government Sunset Review Act in
accordance with s. 119.15 and shall stand repealed on October 2, 2017, unless reviewed
and saved from repeal through reenactment by the Legislature.
l. The home addresses and telephone numbers of county tax collectors; the names,
home addresses, telephone numbers, and places of employment of the spouses and
children of such tax
collectors; and the names and locations of schools and day care facilities attended by the
children of such tax collectors are exempt from s. 119.07(1) and s. 24(a), Art. I of the
State Constitution if the county tax collector has made reasonable efforts to protect such
information from being accessible through other means available to the public. This sub
subparagraph is subject to the Open Government Sunset Review Act in accordance with
s. 119.15 and shall stand repealed on October 2, 2017, unless reviewed and saved from
repeal through reenactment by the Legislature.
m. The home addresses, telephone numbers, dates of birth, and photographs of
current or former personnel of the Department of Health whose duties include, or result
in, the determination or adjudication of eligibility for social security disability benefits,
the investigation or prosecution of complaints filed against health care practitioners, or
the inspection of health care practitioners or health care facilities licensed by the
Department of Health; the names, home addresses, telephone numbers, dates of birth, and
places of employment of the spouses and children of such personnel; and the names and
locations of schools and day care facilities attended by the children of such personnel are
exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if the personnel
have made reasonable efforts to protect such information from being accessible through
other means available to the public. This subsubparagraph is subject to the Open
Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on
October 2, 2019, unless reviewed and saved from repeal through reenactment by the
Legislature.
n. The home addresses, telephone numbers, dates of birth, and
photographs of current or former impaired practitioner consultants who are retained by an
agency or current or former employees of an impaired practitioner consultant whose
duties result in a determination of a person’s skill and safety to practice a licensed
profession; the names, home addresses, telephone numbers, dates of birth, and places of
employment of the spouses and children of such consultants or their employees; and the
names and locations of schools and day care facilities attended by the children of such
consultants or employees are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
Constitution if a consultant or employee has made reasonable efforts to protect such
information from being accessible through other means available to the public. This sub
subparagraph is subject to the Open Government Sunset Review Act in accordance with
s. 119.15 and shall stand repealed on October 2, 2020, unless reviewed and saved from
repeal through reenactment by the Legislature.
o. The home addresses, telephone numbers, dates of birth, and photographs of current
or former emergency medical technicians or paramedics certified under chapter 401; the
names, home addresses, telephone numbers, dates of birth, and places of employment of
the spouses and children of such emergency medical technicians or paramedics; and the
names and locations of schools and day care facilities attended by the children of such
emergency medical technicians or paramedics are exempt from s. 119.07(1) and s. 24(a),
Art. I of the State Constitution if the emergency medical technicians or paramedics have
made reasonable efforts to protect such information from being accessible through other
means available to the public. This subsubparagraph is subject to the Open Government
Sunset Review
Act in accordance with s. 119.15 and shall stand repealed on October 2, 2021, unless
reviewed and saved from repeal through reenactment by the Legislature.
p. The home addresses, telephone numbers, dates of birth, and photographs of current
or former personnel employed in an agency’s office of inspector general or internal audit
department whose duties include auditing or investigating waste, fraud, abuse, theft,
exploitation, or other activities that could lead to criminal prosecution or administrative
discipline; the names, home addresses, telephone numbers, dates of birth, and places of
employment of spouses and children of such personnel; and the names and locations of
schools and day care facilities attended by the children of such personnel are exempt
from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if the personnel have made
reasonable efforts to protect such information from being accessible through other means
available to the public. This subsubparagraph is subject to the Open Government Sunset
Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2021,
unless reviewed and saved from repeal through reenactment by the Legislature.
An agency that is the custodian of the information specified in subparagraph 2. and
that is not the employer of the officer, employee, justice, judge, or other person specified
in subparagraph 2. shall maintain the exempt status of that information only if the officer,
employee, justice, judge, other person, or employing agency of the designated employee
submits a written request for maintenance of the exemption to the custodial agency.
The exemptions in this paragraph apply to information held
by an agency before, on, or after the effective date of the exemption.
Except as otherwise expressly provided in this paragraph, this paragraph is subject to
the Open Government Sunset Review Act in accordance with s. 119.15, and shall stand
repealed on October 2, 2017, unless reviewed and saved from repeal through reenactment
by the Legislature.
[Remainder intentionally omitted.]
CHAPTER 901
ARRESTS
901.01. Judicial officers have committing authority.
Each state judicial officer is a conservator of the peace and has committing authority
to issue warrants of arrest, commit offenders to jail, and recognize them to appear to
answer the charge. He or she may require sureties of the peace when the peace has been
substantially threatened or disturbed.
901.02. Issuance of arrest warrants.
A judge, upon examination of the complaint and proofs submitted, if satisfied that
probable cause exists for the issuance of an arrest warrant for any crime committed
within the judge’s jurisdiction, shall thereupon issue an arrest warrant signed by the judge
with the judge’s name of office.
The court may issue a warrant for the defendant’s arrest when all of the following
circumstances apply:
A complaint has been filed charging the commission of a misdemeanor only.
The summons issued to the defendant has been returned unserved.
The conditions of subsection (1) are met.
A judge may electronically sign an arrest warrant if the requirements of subsection
(1) or subsection (2) are met and the judge, based on an examination of the complaint and
proofs submitted, determines that the complaint:
Bears the affiant’s signature, or electronic signature if the complaint was submitted
electronically.
Is supported by an oath or affirmation administered by the judge or other person
authorized by law to administer oaths.
If submitted electronically, is submitted by reliable electronic means.
An arrest warrant shall be deemed to be issued by a judge at the time the judge
affixes the judge’s signature or electronic signature to the warrant. As used in this
section, the term “electronic signature” has the same meaning as provided in s. 933.40.
901.04. Direction and execution of warrant.
Warrants shall be directed to all sheriffs of the state. A warrant shall be executed only
by the sheriff of the county in which the arrest is made unless the arrest is made in fresh
pursuit, in which event it may be executed by any sheriff who is advised of the existence
of the warrant. An arrest may be made on any day and at any time of the day or night.
901.09. When summons shall be issued.
When the complaint is for an offense that the trial court judge is empowered to try
summarily, the trial court judge shall issue a summons instead of a warrant, unless she or
he reasonably believes that the person against whom the complaint was made will not
appear upon a summons, in which event the trial court judge shall issue a warrant.
When the complaint is for a misdemeanor that the trial court judge is not empowered
to try summarily, the trial court judge shall issue a summons instead of a warrant if she or
he reasonably believes that the person against whom the complaint was made will appear
upon a summons.
The summons shall set forth substantially the nature of the offense and shall
command the person against whom the complaint was made to appear before the trial
court judge at a stated time and place.
901.11. Effect of not answering summons.
Failure to appear as commanded by a summons without good cause is an indirect
criminal contempt of court and may be punished by a fine of not more than $100. When a
person fails to appear as commanded by a summons, the trial court judge shall issue a
warrant. If the trial court judge acquires reason to believe that the person summoned will
not appear as commanded after issuing a summons, the trial court judge may issue a
warrant.
901.15. When arrest by officer without warrant is lawful.
A law enforcement officer may arrest a person without a warrant when:
The person has committed a felony or misdemeanor or violated a municipal or
county ordinance in the presence of the officer. An arrest for the commission of a
misdemeanor or the violation of a municipal or county ordinance shall be made
immediately or in fresh pursuit.
A felony has been committed and he or she reasonably believes that the person
committed it.
He or she reasonably believes that a felony has been or is being committed and that
the person to be arrested has committed or is committing it.
A warrant for the arrest has been issued and is held by another peace officer for
execution.
A violation of chapter 316 has been committed in the presence of the officer. Such an
arrest may be made immediately or in fresh pursuit. Any law enforcement officer, upon
receiving information relayed to him or her from a fellow officer stationed on the ground
or in the air that a driver of a vehicle has violated chapter 316, may arrest the driver for
violation of those laws when reasonable and proper identification of the vehicle and the
violation has been communicated to the arresting officer.
There is probable cause to believe that the person has committed a criminal act
according to s. 790.233 or according to s. 741.31 or s. 784.047 which violates an
injunction for protection entered pursuant to s. 741.30 or s. 784.046, or a foreign
protection
order accorded full faith and credit pursuant to s. 741.315, over the objection of the
petitioner, if necessary.
There is probable cause to believe that the person has committed an act of domestic
violence, as defined in s. 741.28, or dating violence, as provided in s. 784.046. The
decision to arrest shall not require consent of the victim or consideration of the
relationship of the parties. It is the public policy of this state to strongly discourage arrest
and charges of both parties for domestic violence or dating violence on each other and to
encourage training of law enforcement and prosecutors in these areas. A law enforcement
officer who acts in good faith and exercises due care in making an arrest under this
subsection, under s. 741.31(4) or s. 784.047, or pursuant to a foreign order of protection
accorded full faith and credit pursuant to s. 741.315, is immune from civil liability that
otherwise might result by reason of his or her action.
There is probable cause to believe that the person has committed child abuse, as
defined in s. 827.03, or has violated s. 787.025, relating to luring or enticing a child for
unlawful purposes. The decision to arrest does not require consent of the victim or
consideration of the relationship of the parties. It is the public policy of this state to
protect abused children by strongly encouraging the arrest and prosecution of persons
who commit child abuse. A law enforcement officer who acts in good faith and exercises
due care in making an arrest under this subsection is immune from civil liability that
otherwise might result by reason of his or her action.
There is probable cause to believe that the person has committed:
Any battery upon another person, as defined in s. 784.03.
An act of criminal mischief or a graffitirelated offense as described in s. 806.13.
A violation of a safety zone, security zone, regulated navigation area, or naval vessel
protection zone as described in s. 327.461.
The officer has determined that he or she has probable cause to believe that a
misdemeanor has been committed, based upon a signed affidavit provided to the officer
by a law enforcement officer of the United States Government, recognized as such by
United States statute, or a United States military law enforcement officer, recognized as
such by the Uniform Code of Military Justice or the United States Department of Defense
Regulations, when the misdemeanor was committed in the presence of the United States
law enforcement officer or the United States military law enforcement officer on federal
military property over which the state has maintained exclusive jurisdiction for such a
misdemeanor.
(a) A law enforcement officer of the Florida National Guard, recognized as such by
the Uniform Code of Military Justice or the United States Department of Defense
Regulations, has probable cause to believe a felony was committed on state military
property or when a felony or misdemeanor was committed in his or her presence on such
property.
All law enforcement officers of the Florida National Guard shall promptly surrender
all persons arrested and charged with a felony to the sheriff of the county within which
the state military
property is located, and all persons arrested and charged with misdemeanors shall be
surrendered to the applicable authority as may be provided by law, but otherwise to the
sheriff of the county in which the state military property is located. The Florida National
Guard shall promptly notify the applicable law enforcement agency of an arrest and the
location of the prisoner.
The Adjutant General, in consultation with the Criminal Justice Standards and
Training Commission, shall prescribe minimum training standards for such law
enforcement officers of the Florida National Guard.
He or she is employed by the State of Florida as a law enforcement officer as defined
in s. 943.10(1) or parttime law enforcement officer as defined in s. 943.10(6), and:
He or she reasonably believes that a felony involving violence has been or is being
committed and that the person to be arrested has committed or is committing the felony;
While engaged in the exercise of his or her state law enforcement duties, the officer
reasonably believes that a felony has been or is being committed; or
A felony warrant for the arrest has been issued and is being held for execution by
another peace officer.
Notwithstanding any other provision of law, the authority of an officer pursuant to
this subsection is statewide. This subsection does not limit the arrest authority conferred
on such officer by any other provision of law.
There is probable cause to believe that the person has committed an act that violates
a condition of pretrial release
provided in s. 903.047 when the original arrest was for an act of domestic violence as
defined in s. 741.28, or when the original arrest was for an act of dating violence as
defined in s. 784.046.
There is probable cause to believe that the person has committed trespass in a secure
area of an airport when signs are posted in conspicuous areas of the airport which notify
that unauthorized entry into such areas constitutes a trespass and specify the methods for
gaining authorized access to such areas. An arrest under this subsection may be made on
or off airport premises. A law enforcement officer who acts in good faith and exercises
due care in making an arrest under this subsection is immune from civil liability that
otherwise might result by reason of the law enforcement officer’s action.
There is probable cause to believe that the person has committed assault upon a law
enforcement officer, a firefighter, an emergency medical care provider, public transit
employees or agents, or other specified officers as set forth in s. 784.07 or has committed
assault or battery upon any employee of a receiving facility as defined in s. 394.455 who
is engaged in the lawful performance of his or her duties.
There is probable cause to believe that the person has committed a criminal act of
sexual cyberharassment as described in s. 784.049.
901.1505. Federal law enforcement officers; powers.
As used in this section, the term “federal law enforcement officer” means a person
who is employed by the Federal Government as a fulltime law enforcement officer as
defined by
the applicable provisions of the United States Code, who is empowered to effect an arrest
for violations of the United States Code, who is authorized to carry firearms in the
performance of her or his duties, and who has received law enforcement training
equivalent to that prescribed in s. 943.13.
Every federal law enforcement officer has the following authority:
To make a warrantless arrest of any person who has committed a felony or
misdemeanor as defined by state statute, which felony or misdemeanor involves violence,
in the presence of the officer while the officer is engaged in the exercise of her or his
federal law enforcement duties. If the officer reasonably believes that such a felony or
misdemeanor as defined by state statute has been committed in her or his presence, the
officer may make a warrantless arrest of any person whom she or he reasonably believes
to have committed such felony or misdemeanor.
To use any force which the officer reasonably believes to be necessary to defend
herself or himself or another from bodily harm while making the arrest or any force
necessarily committed in arresting any felon fleeing from justice when the officer
reasonably believes either that the fleeing felon poses a threat of death or serious physical
harm to the officer or others or that the fleeing felon has committed a crime involving the
infliction or threatened infliction of serious physical harm to another person.
To conduct a warrantless search incident to the arrest, as provided in s. 901.21, and
to conduct any other constitutionally permissible search pursuant to the officer’s lawful
duties.
To possess firearms; and to seize weapons in order to protect herself or himself from
attack, prevent the escape of an arrested person, or assure the subsequent lawful custody
of the fruits of a crime or the articles used in the commission of a crime, as provided in s.
901.21.
901.151. Stop and Frisk Law.
This section may be known and cited as the “Florida Stop and Frisk Law.”
Whenever any law enforcement officer of this state encounters any person under
circumstances which reasonably indicate that such person has committed, is committing,
or is about to commit a violation of the criminal laws of this state or the criminal
ordinances of any municipality or county, the officer may temporarily detain such person
for the purpose of ascertaining the identity of the person temporarily detained and the
circumstances surrounding the person’s presence abroad which led the officer to believe
that the person had committed, was committing, or was about to commit a criminal
offense.
No person shall be temporarily detained under the provisions of subsection (2) longer
than is reasonably necessary to effect the purposes of that subsection. Such temporary
detention shall not extend beyond the place where it was first effected or the immediate
vicinity thereof.
If at any time after the onset of the temporary detention authorized by subsection (2),
probable cause for arrest of person shall appear, the person shall be arrested. If, after an
inquiry into the circumstances which prompted the temporary detention, no
probable cause for the arrest of the person shall appear, the person shall be released.
Whenever any law enforcement officer authorized to detain temporarily any person
under the provisions of subsection (2) has probable cause to believe that any person
whom the officer has temporarily detained, or is about to detain temporarily, is armed
with a dangerous weapon and therefore offers a threat to the safety of the officer or any
other person, the officer may search such person so temporarily detained only to the
extent necessary to disclose, and for the purpose of disclosing, the presence of such
weapon. If such a search discloses such a weapon or any evidence of a criminal offense it
may be seized.
No evidence seized by a law enforcement officer in any search under this section
shall be admissible against any person in any court of this state or political subdivision
thereof unless the search which disclosed its existence was authorized by and conducted
in compliance with the provisions of subsections (2)
(5).
901.16. Method of arrest by officer by a warrant.
A peace officer making an arrest by a warrant shall inform the person to be arrested
of the cause of arrest and that a warrant has been issued, except when the person flees or
forcibly resists before the officer has an opportunity to inform the person, or when giving
the information will imperil the arrest. The officer need not have the warrant in his or her
possession at the time of arrest but on request of the person arrested shall show it to the
person as soon as practicable.
901.17. Method of arrest by officer without warrant.
A peace officer making an arrest without a warrant shall inform the person to be
arrested of the officer’s authority and the cause of arrest except when the person flees or
forcibly resists before the officer has an opportunity to inform the person or when giving
the information will imperil the arrest.
901.18. Officer may summon assistance.
A peace officer making a lawful arrest may command the aid of persons she or he
deems necessary to make the arrest. A person commanded to aid shall render assistance
as directed by the officer. A person commanded to aid a peace officer shall have the same
authority to arrest as that peace officer and shall not be civilly liable for any reasonable
conduct in rendering assistance to that officer.
901.19. Right of officer to break into building.
If a peace officer fails to gain admittance after she or he has announced her or his
authority and purpose in order to make an arrest either by a warrant or when authorized to
make an arrest for a felony without a warrant, the officer may use all necessary and
reasonable force to enter any building or property where the person to be arrested is or is
reasonably believed to be.
When any of the implements, devices, or apparatus commonly used for gambling
purposes are found in any house, room, booth, or other place used for the purpose of
gambling, a peace officer shall seize and hold them subject to the discretion of the court,
to be used as evidence, and afterwards they shall be
publicly destroyed in the presence of witnesses under order of the court to that effect.
901.20. Use of force to effect release of person making arrest detained
in building.
A peace officer may use any reasonable force to liberate himself or herself or another
person from detention in a building entered for the purpose of making a lawful arrest.
901.21. Search of person arrested.
When a lawful arrest is effected, a peace officer may search the person arrested and
the area within the person’s immediate presence for the purpose of:
Protecting the officer from attack;
Preventing the person from escaping; or
Discovering the fruits of a crime.
A peace officer making a lawful search without a warrant may seize all instruments,
articles, or things discovered on the person arrested or within the person’s immediate
control, the seizure of which is reasonably necessary for the purpose of:
Protecting the officer from attack;
Preventing the escape of the arrested person; or
Assuring subsequent lawful custody of the fruits of a crime or of the articles used in
the commission of a crime.
901.211. Strip searches of persons arrested; body cavity
search.
901.215. Search of person arrested for identifying device indicating a
medical disability.
Every law enforcement officer, sheriff, deputy sheriff, or other arresting officer shall,
when arresting any person who appears to be inebriated, intoxicated, or not in control of
his or her physical functions, examine such person to ascertain whether or not the person
is wearing a medicalert bracelet or necklace or has upon his or her person some other
visible identifying device which would specifically delineate a medical disability which
would account for the actions of such person. Any arresting officer who does, in fact,
discover such identifying device upon such person shall take immediate steps to aid the
afflicted person in receiving medication or other treatment for his or her disability.
901.22. Arrest after escape or rescue.
If a person lawfully arrested escapes or is rescued, the person from whose custody
she or he escapes or was rescued or any other officer may immediately pursue and retake
the person arrested without a warrant at any time and in any place.
901.24. Right of person arrested to consult attorney.
A person arrested shall be allowed to consult with any attorney entitled to practice in
this state, alone and in private at the place of custody, as often and for such periods of
time as is reasonable.
901.245. Interpreter services for deaf persons.
In the event that a person who is deaf is arrested and taken into custody for an alleged
violation of a criminal law of this state, the services of a qualified interpreter shall be
sought prior to interrogating such deaf person. If the services of a qualified interpreter
cannot be obtained, the arresting officer may interrogate or take a statement from such
person provided such interrogation and the answers thereto shall be in writing. The
interrogation and the answers thereto shall be preserved and turned over to the court in
the event such person is tried for the alleged offense.
901.25. Fresh pursuit; arrest outside jurisdiction.
The term “fresh pursuit” as used in this act shall include fresh pursuit as defined by
the common law and also the pursuit of a person who has committed a felony or who is
reasonably suspected of having committed a felony. It shall also include the pursuit of a
person suspected of having committed a supposed felony, though no felony has actually
been committed, if there is reasonable ground for believing that a felony has been
committed. It shall also include the pursuit of a person who has violated a county or
municipal ordinance or chapter 316 or has committed a misdemeanor.
Any duly authorized state, county, or municipal arresting officer is authorized to
arrest a person outside the officer’s jurisdiction when in fresh pursuit. Such officer shall
have the same authority to arrest and hold such person in custody outside his or her
jurisdiction, subject to the limitations hereafter set forth, as has any authorized arresting
state, county, or municipal officer
of this state to arrest and hold in custody a person not arrested in fresh pursuit.
If an arrest is made in this state by an officer outside the county within which his or
her jurisdiction lies, the officer shall immediately notify the officer in charge of the
jurisdiction in which the arrest is made. Such officer in charge of the jurisdiction shall,
along with the officer making the arrest, take the person so arrested before a trial court
judge of the county in which the arrest was made without unnecessary delay.
The employing agency of the state, county, or municipal officer making an arrest on
fresh pursuit shall be liable for all actions of said officer in the same fashion that it is
liable for the officer’s acts made while making an arrest within his or her jurisdiction.
The officer making an arrest on fresh pursuit shall be fully protected with respect to
pension, retirement, workers’ compensation, and other such benefits just as if the officer
had made an arrest in his or her own jurisdiction.
or facilities, may take the person into custody and detain the person in a reasonable
manner and for a reasonable time. The law enforcement officer employed by the
municipality shall immediately call a law enforcement officer with jurisdiction over the
property or facility on which the violation occurred after detaining a person under this
subsection.
A law enforcement officer employed by a municipality who detains a person under
subsection (1) is not civilly or criminally liable for false arrest, false imprisonment, or
unlawful detention on the basis of any reasonable actions taken in compliance with
subsection (1).
901.26. Arrest and detention of foreign nationals.
Failure to provide consular notification under the Vienna Convention on Consular
Relations or other bilateral consular conventions shall not be a defense in any criminal
proceeding against any foreign national and shall not be cause for the foreign national’s
discharge from custody.
901.28. Notice to appear for misdemeanors or violations of municipal or
county ordinances; effect on authority to conduct search.
The issuance of a notice to appear shall not be construed to affect a law enforcement
officer’s authority to conduct an otherwise lawful search, as provided by law.
901.29. Authorization to take person to medical facility.
Even though a notice to appear is issued, a law enforcement
officer shall be authorized to take a person to a medical facility for such care as
appropriate.
901.31. Failure to obey written promise to appear.
Any person who willfully fails to appear before any court or judicial officer as
required by a written notice to appear shall be fined not more than the fine of the
principal charge or imprisoned up to the maximum sentence of imprisonment of the
principal charge, or both, regardless of the disposition of the charge upon which the
person was originally arrested. Nothing in this section shall interfere with or prevent the
court from exercising its power to punish for contempt.
901.35. Financial responsibility for medical expenses.
Notwithstanding any other provision of law, the responsibility for paying the
expenses of medical care, treatment, hospitalization, and transportation for any person ill,
wounded, or otherwise injured during or at the time of arrest for any violation of a state
law or a county or municipal ordinance is the responsibility of the person receiving such
care, treatment, hospitalization, and transportation. The provider of such services shall
seek reimbursement for the expenses incurred in providing medical care, treatment,
hospitalization, and transportation from the following sources in the following order:
From an insurance company, health care corporation, or other source, if the prisoner
is covered by an insurance policy or subscribes to a health care corporation or other
source for those expenses.
From the person receiving the medical care, treatment, hospitalization, or
transportation.
From a financial settlement for the medical care, treatment, hospitalization, or
transportation payable or accruing to the injured party.
Upon a showing that reimbursement from the sources listed in subsection (1) is not
available, the costs of medical care, treatment, hospitalization, and transportation shall be
paid:
From the general fund of the county in which the person was arrested, if the arrest
was for violation of a state law or county ordinance; or
From the municipal general fund, if the arrest was for violation of a municipal
ordinance.
The responsibility for payment of such medical costs shall exist until such time as an
arrested person is released from the custody of the arresting agency.
An arrested person who has health insurance, subscribes to a health care corporation,
or receives health care benefits from any other source shall assign such benefits to the
health care provider.
CHAPTER 903
BAIL
903.22. Arrest of principal by surety before forfeiture.
A surety may arrest the defendant before a forfeiture of the bond for the purpose of
surrendering the defendant or the surety may authorize a peace officer to make the arrest
by endorsing the authorization on a certified copy of the bond.
CHAPTER 914
WITNESSES; CRIMINAL PROCEEDINGS
914.15. Law enforcement officers; nondisclosure of personal information.
Any law enforcement officer of the state or of any political subdivision thereof who
provides information relative to a criminal investigation or in proceedings preliminary to
a criminal case may refuse, unless ordered by the court, to disclose his or her residence
address, home telephone number, or any personal information concerning the officer’s
family. Any law enforcement officer who testifies as a witness in a criminal case may
refuse to disclose personal information concerning his or her family unless it is
determined by the court that such evidence is relevant to the case.
CHAPTER 921
SENTENCE
921.241. Felony judgments; fingerprints and social security number required
in record.
At the time a defendant is found guilty of a felony, the judge shall cause the
defendant’s fingerprints to be taken.
Every judgment of guilty or not guilty of a felony shall be in writing, signed by the
judge, and recorded by the clerk of the court. The judge shall cause to be affixed to every
written judgment of guilty of a felony, in open court, in the presence of such judge, and at
the time the judgment is rendered, the fingerprints of the defendant against whom such
judgment is rendered. Such fingerprints shall be affixed beneath the judge’s signature to
such judgment. Beneath such fingerprints shall be appended a certificate to the following
effect:
“I hereby certify that the above and foregoing fingerprints on this judgment are the
fingerprints of the defendant, __________, and that they were placed thereon by said
defendant in my presence, in open court, this the __________ day of __________,
(year).”
Such certificate shall be signed by the judge, whose signature thereto shall be
followed by the word “Judge.”
Any such written judgment of guilty of a felony, or a certified copy thereof, shall be
admissible in evidence in the several courts of this state as prima facie evidence that the
fingerprints appearing thereon and certified by the judge as aforesaid are the fingerprints
of the defendant against whom such
judgment of guilty of a felony was rendered.
933.01. Persons competent to issue search warrant.
A search warrant authorized by law may be issued by any judge, including the
committing judge of the trial court having jurisdiction where the place, vehicle, or thing
to be searched may be.
933.02. Grounds for issuance of search warrant.
Upon proper affidavits being made, a search warrant may be issued under the
provisions of this chapter upon any of the following grounds:
When the property shall have been stolen or embezzled in violation of law;
When any property shall have been used:
As a means to commit any crime;
In connection with gambling, gambling implements and appliances; or
In violation of s. 847.011 or other laws in reference to obscene prints and literature;
When any property constitutes evidence relevant to proving that a felony has been
committed;
When any property is being held or possessed:
In violation of any of the laws prohibiting the manufacture, sale, and transportation
of intoxicating liquors;
In violation of the fish and game laws;
In violation of the laws relative to food and drug; or
In violation of the laws relative to citrus disease pursuant to s. 581.184; or
When the laws in relation to cruelty to animals, as provided in chapter 828, have
been or are violated in any particular building or place.
This section also applies to any papers or documents used as a means of or in aid of
the commission of any offense against the laws of the state.
933.03. Destruction of obscene prints and literature.
All obscene prints and literature, or other things mentioned in s. 847.011 found by an
officer in executing a search warrant, or produced or brought into court, shall be safely
kept so long as is necessary for the purpose of being used as evidence in any case, and as
soon as may be afterwards, shall be destroyed by order of the court before whom the case
is brought.
933.04. Affidavits.
933.05. Issuance in blank prohibited.
A search warrant cannot be issued except upon probable cause supported by affidavit
or affidavits, naming or describing the person, place, or thing to be searched and
particularly describing the property or thing to be seized; no search warrant shall be
issued in blank, and any such warrant shall be returned within 10 days after issuance
thereof.
933.06. Sworn application required before issuance.
The judge must, before issuing the warrant, have the application of some person for
said warrant duly sworn to and subscribed, and may receive further testimony from
witnesses or supporting affidavits, or depositions in writing, to support the application.
The affidavit and further proof, if same be had or required, must set forth the facts
tending to establish the grounds of the application or probable cause for believing that
they exist.
933.07. Issuance of search warrants.
The judge, upon examination of the application and proofs submitted, if satisfied that
probable cause exists for the issuing of the search warrant, shall thereupon issue a search
warrant signed by him or her with his or her name of office, to any sheriff and the
sheriff’s deputies or any police officer or other person authorized by law to execute
process, commanding the officer or person forthwith to search the property described in
the warrant or the person named, for the property specified, and to bring the property and
any person arrested in connection therewith before the judge or some other court having
jurisdiction of the offense.
Notwithstanding any other provisions of this chapter, the Department of Agriculture
and Consumer Services, based on
grounds specified in s. 933.02(4)(d), may obtain a search warrant authorized by this
chapter for an area in size up to and including the full extent of the county in which the
search warrant is issued. The judge issuing such search warrant shall conduct a court
proceeding prior to the issuance of such search warrant upon reasonable notice and shall
receive, hear, and determine any objections by property owners to the issuance of such
search warrant. Such search warrant may be served by employees or authorized
contractors of the Department of Agriculture and Consumer Services. Such search
warrant may be made returnable at any time up to 6 months from the date of issuance.
A judge may electronically sign a search warrant if the requirements of subsection
(1) or subsection (2) are met and the judge, based on an examination of the application
and proofs submitted, determines that the application:
Bears the affiant’s signature, or electronic signature if the application was submitted
electronically.
Is supported by an oath or affirmation administered by the judge or other person
authorized by law to administer oaths.
If submitted electronically, is submitted by reliable electronic means.
A search warrant shall be deemed to be issued by a judge at the time the judge affixes
the judge’s signature or electronic signature to the warrant. As used in this section, the
term “electronic signature” has the same meaning as provided in s. 933.40.
933.08. Search warrants to be served by officers mentioned
therein.
The search warrant shall in all cases be served by any of the officers mentioned in its
direction, but by no other person except in aid of the officer requiring it, said officer
being present and acting in its execution.
933.09. Officer may break open door, etc., to execute warrant.
The officer may break open any outer door, inner door or window of a house, or any
part of a house or anything therein, to execute the warrant, if after due notice of the
officer’s authority and purpose he or she is refused admittance to said house or access to
anything therein.
933.10. Execution of search warrant during day or night.
A search warrant issued under this chapter may, if expressly authorized in such
warrant by the judge, be executed by being served either in the daytime or in the
nighttime, as the exigencies of the occasion may demand or require.
933.101. Service on Sunday.
933.11. Duplicate to be delivered when warrant served.
All search warrants shall be issued in duplicate. The duplicate shall be delivered to
the officer with the original warrant, and when the officer serves the warrant, he or she
shall deliver a copy
to the person named in the warrant, or in his or her absence to some person in charge of,
or living on the premises. When property is taken under the warrant the officer shall
deliver to such person a written inventory of the property taken and receipt for the same,
specifying the same in detail, and if no person is found in possession of the premises
where such property is found, shall leave the said receipt on the premises.
933.12. Return and inventory.
Upon the return of the warrant the officer shall attach thereto or thereon a true
inventory of the property taken under the warrant, and at the foot of the inventory shall
verify the same by affidavit taken before some officer authorized to administer oaths, or
before the issuing officer, said verification to be to the following effect:
I, A. B., the officer by whom the warrant was executed, do swear that the above
inventory contains a true and detailed account of all the property taken by me on said
warrant.
933.13. Copy of inventory shall be delivered upon request.
The judge to whom the warrant is returned, upon the request of any claimant or any
person from whom said property is taken, or the officer who executed the search warrant,
shall deliver to said applicant a true copy of the inventory of the property mentioned in
the return on said warrant.
933.14. Return of property taken under search warrant.
If it appears to the judge before whom the warrant is
returned that the property or papers taken are not the same as that described in the
warrant, or that there is no probable cause for believing the existence of the grounds upon
which the warrant was issued, or if it appears to the judge before whom any property is
returned that the property was secured by an “unreasonable” search, the judge may order
a return of the property taken; provided, however, that in no instance shall contraband
such as slot machines, gambling tables, lottery tickets, tally sheets, rundown sheets, or
other gambling devices, paraphernalia and equipment, or narcotic drugs, obscene prints
and literature be returned to anyone claiming an interest therein, it being the specific
intent of the Legislature that no one has any property rights subject to be protected by any
constitutional provision in such contraband; provided, further, that the claimant of said
contraband may upon sworn petition and proof submitted by him or her in the circuit
court of the county where seized, show that said contraband articles so seized were held,
used or possessed in a lawful manner, for a lawful purpose, and in a lawful place, the
burden of proof in all cases being upon the claimant. The sworn affidavit or complaint
upon which the search warrant was issued or the testimony of the officers showing
probable cause to search without a warrant or incident to a legal arrest, and the finding of
such slot machines, gambling tables, lottery tickets, tally sheets, rundown sheets, scratch
sheets, or other gambling devices, paraphernalia, and equipment, including money used
in gambling or in furtherance of gambling, or narcotic drugs, obscene prints and
literature, or any of them, shall constitute prima facie evidence of the illegal possession of
such contraband and the burden shall be upon the claimant for the return thereof, to show
that such contraband was lawfully acquired, possessed, held, and
used.
No intoxicating liquor seized on any warrant from any place other than a private
dwelling house shall be returned, but the same may be held for such other and further
proceedings which may arise upon a trial of the cause, unless it shall appear by the sworn
petition of the claimant and proof submitted by him or her that said liquors so seized were
held, used or possessed in a lawful manner, and in lawful place, or by a permit from the
proper federal or state authority, the burden of proof in all cases being upon the claimant.
The sworn affidavit or complaint upon which the search warrant was issued and the
finding of such intoxicating liquor shall constitute prima facie evidence of the illegal
possession of such liquor, and the burden shall be upon the claimant for the return
thereof, to show that such liquor was lawfully acquired, possessed, held, and used.
No pistol or firearm taken by any officer with a search warrant or without a search
warrant upon a view by the officer of a breach of the peace shall be returned except
pursuant to an order of a trial court judge.
If no cause is shown for the return of any property seized or taken under a search
warrant, the judge shall order that the same be impounded for use as evidence at any trial
of any criminal or penal cause growing out of the having or possession of said property,
but perishable property held or possessed in violation of law may be sold where the same
is not prohibited, as may be directed by the court, or returned to the person from whom
taken. The judge to whom said search warrant is returned shall file the same with the
inventory and sworn return in the proper office, and if the original affidavit and proofs
upon which the warrant was
issued are in his or her possession, he or she shall apply to the officer having the same
and the officer shall transmit and deliver all of the papers, proofs, and certificates to the
proper office where the proceedings are lodged.
933.15. Obstruction of service or execution of search warrant;
penalty.
Whoever shall knowingly and willfully obstruct, resist, or oppose any officer or
person aiding such officer, in serving or attempting to serve or execute any search
warrant, or shall assault, beat or wound any person or officer, or his or her deputies or
assistants, knowing him or her to be such an officer or person so authorized, shall be
guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
933.16. Maliciously procuring search warrant to be issued; penalty.
Any person who maliciously and without probable cause procures a search warrant to
be issued and executed shall be guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
933.17. Exceeding authority in executing search warrant; penalty.
Any officer who in executing a search warrant willfully exceeds his or her authority
or exercises it with unnecessary severity, shall be guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
933.18. When warrant may be issued for search of private dwelling.
No search warrant shall issue under this chapter or under any other law of this state to
search any private dwelling occupied as such unless:
It is being used for the unlawful sale, possession, or manufacture of intoxicating
liquor;
Stolen or embezzled property is contained therein;
It is being used to carry on gambling;
It is being used to perpetrate frauds and swindles;
The law relating to narcotics or drug abuse is being violated therein;
A weapon, instrumentality, or means by which a felony has been committed, or
evidence relevant to proving said felony has been committed, is contained therein;
One or more of the following child abuse offenses is being committed there:
Interference with custody, in violation of s. 787.03.
Commission of an unnatural and lascivious act with a child, in violation of s. 800.02.
Exposure of sexual organs to a child, in violation of s. 800.03.
It is in part used for some business purpose such as a store, shop, saloon, restaurant,
hotel, boardinghouse, or lodginghouse;
It is being used for the unlawful sale, possession, or purchase of wildlife, saltwater
products, or freshwater fish being unlawfully kept therein;
The laws in relation to cruelty to animals, as provided in chapter 828, have been or
are being violated therein; or
An instrumentality or means by which sexual cyberharassment has been committed
in violation of s. 784.049, or evidence relevant to proving that sexual cyberharassment
has been committed in violation of s. 784.049, is contained therein.
If, during a search pursuant to a warrant issued under this section, a child is
discovered and appears to be in imminent danger, the law enforcement officer conducting
such search may remove the child from the private dwelling and take the child into
protective custody pursuant to chapter 39. The term “private dwelling” shall be construed
to include the room or rooms used and occupied, not transiently but solely as a residence,
in an apartment house, hotel, boardinghouse, or lodginghouse. No warrant shall be issued
for the search of any private dwelling under any of the conditions hereinabove mentioned
except on sworn proof by affidavit of some creditable witness that he or she has reason to
believe that one of said conditions exists, which affidavit shall set forth the facts on
which such reason for belief is based.
933.19. Searches and seizures of vehicles carrying contraband or illegal
intoxicating liquors or merchandise.
The provisions of the opinion rendered by the Supreme Court of the United States on
March 2, 1925, in that certain cause
wherein George Carroll and John Kiro were plaintiffs in error and the United States was
defendant in error, reported in 267 United States Reports, beginning at page 132, relative
to searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or
merchandise, and construing the Fourth Amendment to
the Constitution of the United
States , are adopted as the statute law of the state applicable to searches and seizures under
s. 12, Art. I of the State Constitution, when searches and seizures shall be made by any
duly authorized and constituted bonded officer of this state exercising police authority in
the enforcement of any law of the state relative to the unlawful transportation or hauling
of intoxicating liquors or other contraband or illegal drugs or merchandise prohibited or
made unlawful or contraband by the laws of the state.
The same rules as to admissibility of evidence and liability of officers for illegal or
unreasonable searches and seizures as were laid down in said case by the Supreme Court
of the United States shall apply to and govern the rights, duties and liabilities of officers
and citizens in the state under the like provisions of the Florida Constitution relating to
searches and seizures.
All points of law decided in the aforesaid case relating to the construction or
interpretation of the provisions of the Constitution of the United States relative to
searches and seizures of vehicles carrying contraband or illegal intoxicating liquors or
merchandise shall be taken to be the law of the state enacted by the Legislature to govern
and control such subject.
933.20. “Inspection warrant”; definition.
As used in ss. 933.20933.30, “inspection warrant” means an
order in writing, in the name of the people, signed by a person competent to issue search
warrants pursuant to s. 933.01, and directed to a state or local official, commanding him
or her to conduct an inspection required or authorized by state or local law or rule relating
to municipal or county building, fire, safety, environmental, animal control, land use,
plumbing, electrical, health, minimum housing, or zoning standards.
933.27. Refusal to permit authorized inspection; penalty.
Any person who willfully refuses to permit an inspection authorized by a warrant
issued pursuant to this act is guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
933.28. Maliciously causing issuance of inspection warrant; penalty.
Any person who maliciously, or with knowledge that cause to issue an inspection
warrant does not exist, causes the issuance of an inspection warrant by executing a
supporting affidavit or by directing or requesting another to execute a supporting
affidavit, or who maliciously causes an inspection warrant to be executed and served for
purposes other than defined in this act, is guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
CHAPTER 943
DEPARTMENT OF LAW ENFORCEMENT
943.0439. Interviews of victims, suspects, or defendants with autism or
an autism spectrum disorder.
A law enforcement officer, a correctional officer, or another public safety official
shall, upon the request of an individual diagnosed with autism or an autism spectrum
disorder or his or her parent or guardian, make a good faith effort to ensure that a
psychiatrist, psychologist, mental health counselor, special education instructor, clinical
social worker, or related professional is present at all interviews of the individual. The
professional must have experience treating, teaching, or assisting patients or clients who
have been diagnosed with autism or an autism spectrum disorder or related
developmental disability or must be certified in special education with a concentration
focused on persons with autism or an autism spectrum disorder. All expenses related to
the attendance of the professional at interviews shall be borne by the requesting parent,
guardian, or individual. If the individual is a victim, the defendant shall reimburse the
victim for all expenses related to the attendance of the professional at the interview, in
addition to other restitution or penalties provided by law, upon conviction of the offense
of which the individual is a victim. Failure to have a professional as defined by this
subsection present at the time of the interview is not a basis for suppression of the
statement or the contents of the interview or for a cause of action against the law
enforcement officer or agency. This subsection applies to such an individual who is the
victim, a suspect, or a defendant formally accused of a crime.
Each law enforcement agency must ensure that appropriate policies are developed
which implement this section and that training is provided to its law enforcement and
correctional officers based on those policies.
943.053. Dissemination of criminal justice information; fees.
The Department of Law Enforcement shall disseminate criminal justice information
only in accordance with federal and state laws, regulations, and rules.
Criminal justice information derived from federal criminal justice information
systems or criminal justice information systems of other states shall not be disseminated
in a manner inconsistent with the rules instituted by the National Crime Prevention and
Privacy Compact, as approved and ratified in s. 943.0543, or with other applicable laws
or rules.
(a) Criminal history information relating to an adult, compiled by the Criminal
Justice Information Program from intrastate sources shall be available on a priority basis
to criminal justice agencies for criminal justice purposes free of charge. After providing
the program with all known personal identifying information, persons in the private
sector and noncriminal justice agencies may be provided criminal history information
upon tender of fees as established in this subsection and in the manner prescribed by rule
of the Department of Law Enforcement.
1. Criminal history information relating to a juvenile compiled by the Criminal
Justice Information Program from intrastate sources shall be released as provided in this
section. Such information is confidential and exempt from s. 119.07(1)
and s. 24(a), Art. I of the State Constitution, unless such juvenile has been:
a. Taken into custody by a law enforcement officer for a violation of law which, if
committed by an adult, would be a felony;
b. Charged with a violation of law which, if committed by an adult, would be a
felony;
c. Found to have committed an offense which, if committed by an adult, would be a
felony; or
d. Transferred to adult court pursuant to part X of chapter 985,
and provided the criminal history record has not been expunged or sealed under any
law applicable to such record.
This paragraph is subject to the Open Government Sunset Review Act in accordance
with s. 119.15 and shall stand repealed on October 2, 2021, unless reviewed and saved
from repeal through reenactment by the Legislature.
1. Criminal history information relating to juveniles, including criminal history
information consisting in whole or in part of information that is confidential and exempt
under paragraph (b), shall be available to:
a. A criminal justice agency for criminal justice purposes on a priority basis and free
of charge;
b. The person to whom the record relates, or his or her attorney;
c. The parent, guardian, or legal custodian of the person to whom the record relates,
provided such person has not reached
the age of majority, been emancipated by a court, or been legally married; or
d. An agency or entity specified in s. 943.0585(4) or s. 943.059(4), for the purposes
specified therein, and to any person within such agency or entity who has direct
responsibility for employment, access authorization, or licensure decisions.
After providing the program with all known personal identifying information, the
criminal history information relating to a juvenile which is not confidential and exempt
under this subsection may be released to the private sector and noncriminal justice
agencies not specified in s. 943.0585(4) or s. 943.059(4) in the same manner as provided
in paragraph (a). Criminal history information relating to a juvenile which is not
confidential and exempt under this subsection is the entire criminal history information
relating to a juvenile who satisfies any of the criteria listed in subsubparagraphs (b)1.a.
d., except for any portion of such juvenile’s criminal history record which has been
expunged or sealed under any law applicable to such record.
All criminal history information relating to juveniles, other than that provided to
criminal justice agencies for criminal justice purposes, shall be provided upon tender of
fees as established in this subsection and in the manner prescribed by rule of the
Department of Law Enforcement.
The fee for access to criminal history information by the private sector or a
noncriminal justice agency shall be assessed without regard to the size or category of
criminal history record information requested.
The fee per record for criminal history information provided
pursuant to this subsection and s. 943.0542 is $24 per name submitted, except that the fee
for the guardian ad litem program and vendors of the Department of Children and
Families, the Department of Juvenile Justice, the Agency for Persons with Disabilities,
and the Department of Elderly Affairs shall be $8 for each name submitted; the fee for a
state criminal history provided for application processing as required by law to be
performed by the Department of Agriculture and Consumer Services shall be $15 for
each name submitted; and the fee for requests under s. 943.0542, which implements the
National Child Protection Act, shall be $18 for each volunteer name submitted. The state
offices of the Public Defender shall not be assessed a fee for Florida criminal history
information or wanted person information.
Criminal justice information provided by the Department of Law Enforcement shall
be used only for the purpose stated in the request.
Notwithstanding the provisions of s. 943.0525, and any user agreements adopted
pursuant thereto, and notwithstanding the confidentiality of sealed records as provided for
in s. 943.059, the department shall make online access to Florida criminal justice
information available to each judge in the state courts system for the purpose of assisting
judges in their caserelated decisionmaking responsibilities. Such online access shall be
provided without charge to the state courts system. Sealed records received by the courts
under this section remain confidential and exempt from the provisions of s. 119.07(1).
The information provided pursuant to this section shall not take the place of any
information required to be provided to the courts by any other agency or entity.
Information provided under this section shall be
used only for the official court business for which it was requested and may not be further
disseminated.
Notwithstanding any other provision of law, the department shall provide to the
Department of Revenue access to Florida criminal history records that are not exempt
from disclosure under chapter 119, and to such information as may be lawfully available
from other states via the National Law Enforcement Telecommunications System, for the
purpose of locating subjects who owe or potentially owe support, as defined in s.
409.2554, or to whom such obligation is owed pursuant to Title IVD of the Social
Security Act. Such information may be provided to child support enforcement authorities
in other states for these specific purposes.
Notwithstanding any other provision of law, the department shall provide to each
office of the public defender online access to criminal records of this state which are not
exempt from disclosure under chapter 119 or confidential under law. Such access shall be
used solely in support of the duties of a public defender as provided in s. 27.51 or of any
attorney specially assigned as authorized in s. 27.53 in the representation of any person
who is determined indigent as provided in s. 27.52. The costs of establishing and
maintaining such online access shall be borne by the office to which the access has been
provided.
Notwithstanding s. 943.0525, and any user agreements adopted pursuant thereto, and
notwithstanding the confidentiality of sealed records as provided for in s. 943.059 and
juvenile records as provided for in paragraph (3)(b), the sheriff of any county that has
contracted with a private entity to operate a county detention facility pursuant to s.
951.062 shall provide that
private entity, in a timely manner, copies of the Florida criminal history records for its
inmates. The sheriff may assess a charge for the Florida criminal history records pursuant
to chapter 119. Sealed records and confidential juvenile records received by the private
entity under this section remain confidential and exempt from s. 119.07(1).
Notwithstanding s. 943.0525, and any user agreements adopted pursuant thereto, and
notwithstanding the confidentiality of sealed records as provided for in s. 943.059 and
juvenile records as provided for in paragraph (3)(b), the Department of Corrections shall
provide, in a timely manner, copies of the Florida criminal history records for inmates
housed in a private state correctional facility to the private entity under contract to
operate the facility pursuant to s. 944.105. The department may assess a charge for the
Florida criminal history records pursuant to chapter 119. Sealed records and confidential
juvenile records received by the private entity under this section remain confidential and
exempt from s. 119.07(1).
Notwithstanding s. 943.0525 and any user agreements adopted pursuant thereto, and
notwithstanding the confidentiality of sealed records as provided for in s. 943.059 or of
juvenile records as provided for in paragraph (3)(b), the Department of Juvenile Justice or
any other state or local criminal justice agency may provide copies of the Florida criminal
history records for juvenile offenders currently or formerly detained or housed in a
contracted juvenile assessment center or detention facility or serviced in a contracted
treatment program and for employees or other individuals who will have access to these
facilities, only to the entity under direct contract with the Department of Juvenile
Justice to operate these facilities or programs pursuant to s. 985.688. The criminal justice
agency providing such data may assess a charge for the Florida criminal history records
pursuant to chapter 119. Sealed records and confidential juvenile records received by the
private entity under this section remain confidential and exempt from s. 119.07(1).
Information provided under this section shall be used only for the criminal justice
purpose for which it was requested and may not be further disseminated.
A criminal justice agency that is authorized under federal rules or law to conduct a
criminal history background check on an agency employee who is not certified by the
Criminal Justice Standards and Training Commission under s. 943.12 may submit to the
department the fingerprints of the noncertified employee to obtain state and national
criminal history information. The fingerprints shall be retained and entered in the
statewide automated biometric identification system authorized by s. 943.05 and shall be
available for all purposes and uses authorized for arrest fingerprint submissions entered in
the statewide automated biometric identification system pursuant to s. 943.051. The
department shall search all arrest fingerprint submissions received pursuant to s. 943.051
against the fingerprints retained in the statewide automated biometric identification
system pursuant to this section. In addition to all purposes and uses authorized for arrest
fingerprint submissions for which submitted fingerprints may be used, any arrest record
that is identified with the retained employee fingerprints must be reported to the
submitting employing agency.
Notwithstanding any other provision of law, when a
criminal history check or a duty to disclose the absence of a criminal history check is
mandated by state law, or when a privilege or benefit is conferred by state law in return
for exercising an option of conducting a criminal history check, the referenced criminal
history check, whether it is an initial or renewal check, shall include a Florida criminal
history provided by the department as set forth in this section. Such Florida criminal
history information may be provided by a private vendor only if that information is
directly obtained from the department for each request. When a national criminal history
check is required or authorized by state law, the national criminal history check shall be
submitted by and through the department in the manner established by the department for
such checks, unless otherwise required by federal law. The fee for criminal history
information as established by state law or, in the case of national checks, by the Federal
Government, shall be borne by the person or entity submitting the request, or as provided
by law. Criminal history information provided by any other governmental entity of this
state or any private entity shall not be substituted for criminal history information
provided by the department when the criminal history check or a duty to disclose the
absence of a criminal history check is required by statute or is made a condition of a
privilege or benefit by law. When fingerprints are required or permitted to be used as a
basis for identification in conducting such a criminal history check, the fingerprints must
be taken by a law enforcement agency employee, a government agency employee, a
qualified electronic fingerprint service provider, or a private employer. Fingerprints taken
by the subject of the criminal history check may not be accepted or used for the purpose
of identification in conducting the criminal history check.
(a) For the department to accept an electronic fingerprint submission from:
A private vendor engaged in the business of providing electronic fingerprint
submission; or
A private entity or public agency that submits the fingerprints of its own employees,
volunteers, contractors, associates, or applicants for the purpose of conducting a required
or permitted criminal history background check,
the vendor, entity, or agency submitting the fingerprints must enter into an agreement
with the department that, at a minimum, obligates the vendor, entity, or agency to comply
with certain specified standards to ensure that all persons having direct or indirect
responsibility for verifying identification, taking fingerprints, and electronically
submitting fingerprints are qualified to do so and will ensure the integrity and security of
all personal information gathered from the persons whose fingerprints are submitted.
Such standards shall include, but need not be limited to, requiring that:
All persons responsible for taking fingerprints and collecting personal identifying
information from the persons being fingerprinted to meet current written state and federal
guidelines for identity verification and for recording legible fingerprints;
The department and the Federal Bureau of Investigation’s technical standards for the
electronic submission of fingerprints are satisfied;
The fingerprint images electronically submitted satisfy the
department’s and the Federal Bureau of Investigation’s quality standards; and
A person may not take his or her own fingerprints for submission to the department.
The requirement for entering into an agreement with the department for this purpose
does not apply to criminal justice agencies.
The agreement with the department must require the vendor, entity, or agency to
collect from the person or entity on whose behalf the fingerprints are submitted the fees
prescribed by state and federal law for processing the fingerprints for a criminal history
check. The agreement must provide that such fees be timely remitted to the department
by a payment mechanism approved by the department. If requested by the vendor, entity,
or agency, and with the approval of the department, such fees may be timely remitted to
the department by a vendor, entity, or agency upon receipt of an invoice for such fees
from the department. Failure of a vendor, entity, or agency to pay the amount due on a
timely basis or as invoiced by the department may result in the refusal by the department
to accept future fingerprint submissions until all fees due and owing are paid.
Notwithstanding any other law, the department shall provide to the Sexually Violent
Predator Program within the Department of Children and Families online access to the
arrest notification program through the Florida Criminal Justice Network to be used
solely in support of the duties of the Department of Children and Families as provided in
s. 394.926(4).
943.10. Definitions; ss. 943.085943.255.
The following words and phrases as used in ss. 943.085943.255 are defined as
follows:
“Law enforcement officer” means any person who is elected, appointed, or employed
full time by any municipality or the state or any political subdivision thereof; who is
vested with authority to bear arms and make arrests; and whose primary responsibility is
the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or
highway laws of the state. This definition includes all certified supervisory and command
personnel whose duties include, in whole or in part, the supervision, training, guidance,
and management responsibilities of fulltime law enforcement officers, parttime law
enforcement officers, or auxiliary law enforcement officers but does not include support
personnel employed by the employing agency.
“Correctional officer” means any person who is appointed or employed full time by
the state or any political subdivision thereof, or by any private entity which has
contracted with the state or county, and whose primary responsibility is the supervision,
protection, care, custody, and control, or investigation, of inmates within a correctional
institution; however, the term “correctional officer” does not include any secretarial,
clerical, or professionally trained personnel.
“Correctional probation officer” means a person who is employed full time by the
state whose primary responsibility is the supervised custody, surveillance, and control of
assigned inmates, probationers, parolees, or community controllees within institutions of
the Department of Corrections or within the
community. The term includes supervisory personnel whose duties include, in whole or
in part, the supervision, training, and guidance of correctional probation officers, but
excludes management and administrative personnel above, but not including, the
probation and parole regional administrator level.
“Employing agency” means any agency or unit of government or any municipality or
the state or any political subdivision thereof, or any agent thereof, which has
constitutional or statutory authority to employ or appoint persons as officers. The term
also includes any private entity which has contracted with the state or county for the
operation and maintenance of a nonjuvenile detention facility.
“Commission” means the Criminal Justice Standards and Training Commission.
“Parttime law enforcement officer” means any person employed or appointed less
than full time, as defined by an employing agency, with or without compensation, who is
vested with authority to bear arms and make arrests and whose primary responsibility is
the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or
highway laws of the state.
“Parttime correctional officer” means any person who is employed or appointed less
than full time, as defined by the employing or appointing agency, with or without
compensation, whose responsibilities include the supervision, protection, care, custody,
and control of inmates within a correctional institution.
“Auxiliary law enforcement officer” means any person employed or appointed, with
or without compensation, who aids
or assists a fulltime or parttime law enforcement officer and who, while under the direct
supervision of a fulltime or parttime law enforcement officer, has the authority to arrest
and perform law enforcement functions.
“Auxiliary correctional officer” means any person employed or appointed, with or
without compensation, who aids or assists a fulltime or parttime correctional officer and
who, while under the supervision of a fulltime or parttime correctional officer, has the
same authority as a fulltime or parttime correctional officer for the purpose of providing
supervision, protection, care, custody, and control of inmates within a correctional
institution or a county or municipal detention facility.
“Private criminal justice training school” means any private school, corporation, or
institution, for profit or not for profit, devoted wholly or in part to instruction, by
correspondence or otherwise, in criminal justice services, administration, training, and
education, which awards any type of certificate, diploma, degree, or recognition for
attendance, graduation, study, or participation to students, enrollees, or participants. This
definition applies to all such schools operating wholly or in part within the state,
including those chartered, incorporated, or formed outside the state.
“Support personnel” means any person employed or appointed by an employing
agency who is not an officer or, as specified by the commission, other professional
employee in the criminal justice system.
“Program” means the Criminal Justice Professionalism Program of the Department of
Law Enforcement.
“Head of the department” means the Governor and Cabinet, as provided for in ss.
20.201 and 20.03(4).
“Officer” means any person employed or appointed as a fulltime, parttime, or
auxiliary law enforcement officer, correctional officer, or correctional probation officer.
“Public criminal justice training school” means any academy operated by an
employing agency that is certified by the commission to conduct criminal justice training
courses.
“Criminal justice training school” means any private or public criminal justice
training school certified by the commission.
“Training center director” means a fulltime salaried employee of a criminal justice
training school who is responsible for the scheduling and general management of
criminal justice courses and supervision and evaluation of criminal justice instructors.
“Auxiliary correctional probation officer” means any person employed or appointed,
with or without compensation, who aids or assists a fulltime or parttime correctional
probation officer and who, while under the supervision of a fulltime or parttime
correctional probation officer, has the same authority as a fulltime or parttime
correctional probation officer for the purpose of providing supervision of offenders in the
community.
“Parttime correctional probation officer” means a person who is employed less than
full time by the state whose primary responsibility is the supervised custody, surveillance,
and control of assigned inmates, probationers, parolees, or community
controllees within institutions of the Department of Corrections or in the community.
“Diverse population” means members of a cultural group with common origins,
customs, and styles of living. This definition includes both ethnic and religious
minorities.
“Criminal justice executive” includes executives of law enforcement, correctional,
and correctional probation agencies.
943.1718. Body cameras; policies and procedures.
(1) As used in this section, the term:
“Body camera” means a portable electronic recording device that is worn on a law
enforcement officer’s person that records audio and video data of the officer’s law
enforcementrelated encounters and activities.
“Law enforcement agency” means an agency that has a primary mission of
preventing and detecting crime and enforcing the penal, criminal, traffic, and motor
vehicle laws of the state and in furtherance of that primary mission employs law
enforcement officers as defined in s. 943.10.
“Law enforcement officer” has the same meaning as provided in s. 943.10.
A law enforcement agency that permits its law enforcement officers to wear body
cameras shall establish policies and procedures addressing the proper use, maintenance,
and storage of body cameras and the data recorded by body cameras. The policies and
procedures must include:
General guidelines for the proper use, maintenance, and storage of body cameras.
Any limitations on which law enforcement officers are permitted to wear body
cameras.
Any limitations on lawenforcementrelated encounters and activities in which law
enforcement officers are permitted to wear body cameras.
General guidelines for the proper storage, retention, and release of audio and video
data recorded by body cameras.
A law enforcement agency that permits its law enforcement officers to wear body
cameras shall:
Ensure that all personnel who wear, use, maintain, or store body cameras are trained
in the law enforcement agency’s policies and procedures concerning them.
Ensure that all personnel who use, maintain, store, or release audio or video data
recorded by body cameras are trained in the law enforcement agency’s policies and
procedures.
Retain audio and video data recorded by body cameras in accordance with the
requirements of s. 119.021, except as otherwise provided by law.
Perform a periodic review of actual agency body camera practices to ensure
conformity with the agency’s policies and procedures.
Chapter 934 does not apply to body camera recordings made by law enforcement
agencies that elect to use body cameras.
943.326. DNA evidence collected in sexual offense
investigations.
A sexual offense evidence kit, or other DNA evidence if a kit is not collected, must
be submitted to a member of the statewide criminal analysis laboratory system under s.
943.32 for forensic testing within 30 days after:
Receipt of the evidence by a law enforcement agency if a report of the sexual offense
is made to the law enforcement agency; or
A request to have the evidence tested is made to the medical provider or the law
enforcement agency by:
The alleged victim;
The alleged victim’s parent, guardian, or legal representative, if the alleged victim is
a minor; or
The alleged victim’s personal representative, if the alleged victim is deceased.
An alleged victim or, if applicable, the person representing the alleged victim under
subparagraph (1)(b)2. or 3. must be informed of the purpose of submitting evidence for
testing and the right to request testing under subsection (1) by:
A medical provider conducting a forensic physical examination for purposes of a
sexual offense evidence kit; or
A law enforcement agency that collects other DNA evidence associated with the
sexual offense if a kit is not collected under paragraph (a).
A collected sexual offense evidence kit must be retained in a secure, environmentally safe
manner until the prosecuting agency has approved its destruction.
By January 1, 2017, the department and each laboratory within the statewide criminal
analysis laboratory system, in coordination with the Florida Council Against Sexual
Violence, shall adopt and disseminate guidelines and procedures for the collection,
submission, and testing of DNA evidence that is obtained in connection with an alleged
sexual offense. The timely submission and testing of sexual offense evidence kits is a core
public safety issue. Testing of sexual offense evidence kits must be completed no later than
120 days after submission to a member of the statewide criminal analysis laboratory system.
The guidelines and procedures must include the requirements of this section, standards
for how evidence is to be packaged for submission, what evidence must be submitted to a
member of the statewide criminal analysis laboratory system, and timeframes for when the
evidence must be submitted, analyzed, and compared to DNA databases.
The testing requirements of this section are satisfied when a member of the statewide
criminal analysis laboratory system tests the contents of the sexual offense evidence kit in an
attempt to identify the foreign DNA attributable to a suspect. If a sexual offense evidence kit
is not collected, the laboratory may receive and examine other items directly related to the
crime scene, such as clothing or bedding or personal items left behind by the suspect. If
probative information is obtained from the testing of the sexual offense evidence kit, the
examination of other evidence should be based on the potential evidentiary value to the case
and
determined through cooperation among the investigating agency, the laboratory, and the
prosecutor.
(5) A violation of this section does not create:
A cause of action or a right to challenge the admission of evidence.
A cause of action for damages or any other relief.
CHAPTER 984
CHILDREN AND FAMILIES IN NEED OF SERVICES
984.13. Taking into custody a child alleged to be from a family in need of
services or to be a child in need of services.
(1) A child may be taken into custody:
By a law enforcement officer when the officer has reasonable grounds to believe that
the child has run away from his or her parents, guardian, or other legal custodian.
By a law enforcement officer when the officer has reasonable grounds to believe that
the child is absent from school without authorization or is suspended or expelled and is
not in the presence of his or her parent or legal guardian, for the purpose of delivering the
child without unreasonable delay to the appropriate school system site. For the purpose of
this paragraph, “school system site” includes, but is not limited to, a center approved by
the superintendent of schools for the purpose of counseling students and referring them
back to the school system or an approved alternative to a suspension or expulsion
program. If a student is suspended or expelled from school without assignment to an
alternative school placement, the law enforcement officer shall deliver the child to the
parent or legal guardian, to a location determined by the parent or guardian, or to a
designated truancy interdiction site until the parent or guardian can be located.
Pursuant to an order of the circuit court based upon sworn testimony before or after a
petition is filed under s. 984.15.
By a law enforcement officer when the child voluntarily agrees to or requests
services pursuant to this chapter or
placement in a shelter.
(2) The person taking the child into custody shall:
Release the child to a parent, guardian, legal custodian, or responsible adult relative
or to a departmentapproved familyinneedofservices and childinneedofservices
provider if the person taking the child into custody has reasonable grounds to believe the
child has run away from a parent, guardian, or legal custodian; is truant; or is beyond the
control of the parent, guardian, or legal custodian; following such release, the person
taking the child into custody shall make a full written report to the intake office of the
department within 3 days; or
Deliver the child to the department, stating the facts by reason of which the child was
taken into custody and sufficient information to establish probable cause that the child is
from a family in need of services.
If the child is taken into custody by, or is delivered to, the department, the
appropriate representative of the department shall review the facts and make such further
inquiry as necessary to determine whether the child shall remain in custody or be
released. Unless shelter is required as provided in s. 984.14(1), the department shall:
Release the child to his or her parent, guardian, or legal custodian, to a responsible
adult relative, to a responsible adult approved by the department, or to a department
approved familyinneedofservices and childinneedofservices provider; or
Authorize temporary services and treatment that would allow the child alleged to be
from a family in need of services to
remain at home.
CHAPTER 985
JUVENILE JUSTICE; INTERSTATE COMPACT ON
JUVENILES
985.04. Oaths; records; confidential information.
(a) Except as provided in subsections (2), (3), (6), and (7) and s. 943.053, all
information obtained under this chapter in the discharge of official duty by any judge,
any employee of the court, any authorized agent of the department, the Florida
Commission on Offender Review, the Department of Corrections, the juvenile justice
circuit boards, any law enforcement agent, or any licensed professional or licensed
community agency representative participating in the assessment or treatment of a
juvenile is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
Constitution. This exemption applies to information obtained before, on, or after the
effective date of this exemption.
Such confidential and exempt information may be disclosed only to the authorized
personnel of the court, the department and its designees, the Department of Corrections,
the Florida Commission on Offender Review, law enforcement agents, school
superintendents and their designees, any licensed professional or licensed community
agency representative participating in the assessment or treatment of a juvenile, and
others entitled under this chapter to receive that information, or upon order of the court.
Within each county, the sheriff, the chiefs of police, the district school
superintendent, and the department shall enter into an interagency agreement for the
purpose of sharing information about juvenile offenders among all parties. The
agreement must
specify the conditions under which summary criminal history information is to be made
available to appropriate school personnel, and the conditions under which school records
are to be made available to appropriate department personnel. Such agreement shall
require notification to any classroom teacher of assignment to the teacher’s classroom of
a juvenile who has been placed in a probation or commitment program for a felony
offense. The agencies entering into such agreement must comply with s. 943.0525, and
must maintain the confidentiality of information that is otherwise exempt from s.
119.07(1), as provided by law.
(a) 1. Notwithstanding any other provisions of this chapter, the name, photograph,
address, and crime or arrest report of a child:
a. Taken into custody by a law enforcement officer for a violation of law which, if
committed by an adult, would be a felony;
b. Charged with a violation of law which, if committed by an adult, would be a
felony;
c. Found to have committed an offense which, if committed by an adult, would be a
felony; or
d. Transferred to adult court pursuant to part X of this chapter,
are not considered confidential and exempt from s. 119.07(1) solely because of the
child’s age.
A public records custodian may choose not to electronically publish on the
custodian’s website the arrest or booking photographs of a child which are not
confidential and exempt
under this section or otherwise restricted from publication by law; however, this
subparagraph does not restrict public access to records as provided by s. 119.07.
This subsection is subject to the Open Government Sunset Review Act in accordance
with s. 119.15 and shall stand repealed on October 2, 2021, unless reviewed and saved
from repeal through reenactment by the Legislature.
A law enforcement agency may release a copy of the juvenile offense report to the
victim of the offense. However, information gained by the victim under this chapter,
including the next of kin of a homicide victim, regarding any case handled in juvenile
court, must not be revealed to any outside party, except as is reasonably necessary in
pursuit of legal remedies.
(a) Notwithstanding any other provision of this section, when a child of any age is
taken into custody by a law enforcement officer for an offense that would have been a
felony if committed by an adult, or a crime of violence, the law enforcement agency must
notify the superintendent of schools that the child is alleged to have committed the
delinquent act.
Notwithstanding paragraph (a) or any other provision of this section, when a child of
any age is formally charged by a state attorney with a felony or a delinquent act that
would be a felony if committed by an adult, the state attorney shall notify the
superintendent of the child’s school that the child has been charged with such felony or
delinquent act. The information obtained by the superintendent of schools under this
section must be released within 48 hours after receipt to appropriate school personnel,
including the principal of the school of the child and
the director of transportation. The principal must immediately notify the child’s
immediate classroom teachers, the child’s assigned bus driver, and any other school
personnel whose duties include direct supervision of the child. Upon notification, the
principal is authorized to begin disciplinary actions under s. 1006.09(1)(4).
The superintendent must notify the other school personnel whose duties include
direct supervision of the child of the disposition of the charges against the child.
The department shall disclose to the school superintendent the presence of any child
in the care and custody or under the jurisdiction or supervision of the department who has
a known history of criminal sexual behavior with other juveniles; is alleged to have
committed juvenile sexual abuse as defined in s. 39.01; or has pled guilty or nolo
contendere to, or has been found to have committed, a violation of chapter 794, chapter
796, chapter 800, s. 827.071, or s. 847.0133, regardless of adjudication. Any employee of
a district school board who knowingly and willfully discloses such information to an
unauthorized person commits a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
Authorized agents of the department may administer oaths and affirmations.
(a) Records maintained by the department, including copies of records maintained by
the court, which pertain to a child found to have committed a delinquent act which, if
committed by an adult, would be a crime specified in s. 435.04 may not be destroyed
under this section for 25 years after the youth’s final
referral to the department, except in cases of the death of the child. Such records,
however, shall be sealed by the court for use only in meeting the screening requirements
for personnel in s. 402.3055 and the other sections cited above, or under departmental
rule; however, current criminal history information must be obtained from the
Department of Law Enforcement in accordance with s. 943.053. The information shall be
released to those persons specified in the above cited sections for the purposes of
complying with those sections. The court may punish by contempt any person who
releases or uses the records for any unauthorized purpose.
Sexual offender and predator registration information as required in ss. 775.21,
943.0435, 944.606, 944.607, 985.481, and 985.4815 is a public record pursuant to s.
119.07(1) and as otherwise provided by law.
(a) Records in the custody of the department regarding children are not open to
inspection by the public. Such records may be inspected only upon order of the Secretary
of Juvenile Justice or his or her authorized agent by persons who have sufficient reason
and upon such conditions for their use and disposition as the secretary or his or her
authorized agent deems proper. The information in such records may be disclosed only to
other employees of the department who have a need therefor in order to perform their
official duties; to other persons as authorized by rule of the department; and, upon
request, to the Department of Corrections. The secretary or his or her authorized agent
may permit properly qualified persons to inspect and make abstracts from records for
statistical purposes under whatever conditions upon their use and disposition the
secretary or his or
her authorized agent deems proper, provided adequate assurances are given that
children’s names and other identifying information will not be disclosed by the applicant.
The destruction of records pertaining to children committed to or supervised by the
department pursuant to a court order, which records are retained until a child reaches the
age of 24 years or until a serious or habitual delinquent child reaches the age of 26 years,
shall be subject to chapter 943.
Criminal history information made available to governmental agencies by the
Department of Law Enforcement or other criminal justice agencies shall not be used for
any purpose other than that specified in the provision authorizing the releases.
985.101. Taking a child into custody.
A child may be taken into custody under the following circumstances:
Pursuant to an order of the circuit court issued under this chapter, based upon sworn
testimony, either before or after a petition is filed.
For a delinquent act or violation of law, pursuant to Florida law pertaining to a lawful
arrest. If such delinquent act or violation of law would be a felony if committed by an
adult or involves a crime of violence, the arresting authority shall immediately notify the
district school superintendent, or the superintendent’s designee, of the school district with
educational jurisdiction of the child. Such notification shall include other education
providers such as the Florida School for the Deaf and the Blind, university developmental
research schools, and private
elementary and secondary schools. The information obtained by the superintendent of
schools pursuant to this section must be released within 48 hours after receipt to
appropriate school personnel, including the principal of the child’s school, or as
otherwise provided by law. The principal must immediately notify the child’s immediate
classroom teachers. Information provided by an arresting authority under this paragraph
may not be placed in the student’s permanent record and shall be removed from all
school records no later than 9 months after the date of the arrest.
By a law enforcement officer for failing to appear at a court hearing after being
properly noticed.
By a law enforcement officer who has probable cause to believe that the child is in
violation of the conditions of the child’s probation, nonsecure detention, postcommitment
probation, or conditional release supervision; has absconded from nonresidential
commitment; or has escaped from residential commitment.
Nothing in this subsection shall be construed to allow the detention of a child who
does not meet the detention criteria in part V.
Except in emergency situations, a child may not be placed into or transported in any
police car or similar vehicle that at the same time contains an adult under arrest, unless
the adult is alleged or believed to be involved in the same offense or transaction as the
child.
When a child is taken into custody as provided in this section, the person taking the
child into custody shall attempt to notify the parent, guardian, or legal custodian of the
child. The
person taking the child into custody shall continue such attempt until the parent,
guardian, or legal custodian of the child is notified or the child is delivered to the
department under ss. 985.14 and 985.145, whichever occurs first. If the child is delivered
to the department before the parent, guardian, or legal custodian is notified, the
department shall continue the attempt to notify until the parent, guardian, or legal
custodian of the child is notified. Following notification, the parent or guardian must
provide identifying information, including name, address, date of birth, social security
number, and driver license number or identification card number of the parent or
guardian to the person taking the child into custody or the department.
Taking a child into custody is not an arrest except for the purpose of determining
whether the taking into custody or the obtaining of any evidence in conjunction therewith
is lawful.
985.11. Fingerprinting and photographing.
(a) A child who is charged with or found to have committed an offense that would be
a felony if committed by an adult shall be fingerprinted and the fingerprints must be
submitted to the Department of Law Enforcement as provided in s. 943.051(3)(a).
Unless the child is issued a civil citation or is participating in a similar diversion
program pursuant to s. 985.12, a child who is charged with or found to have committed
one of the following offenses shall be fingerprinted, and the fingerprints shall be
submitted to the Department of Law Enforcement as provided in s. 943.051(3)(b):
1. Assault, as defined in s. 784.011.
Battery, as defined in s. 784.03.
Carrying a concealed weapon, as defined in s. 790.01(1).
Unlawful use of destructive devices or bombs, as defined in s. 790.1615(1).
Neglect of a child, as defined in s. 827.03(1)(e).
Assault on a law enforcement officer, a firefighter, or other specified officers, as
defined in s. 784.07(2)(a).
Open carrying of a weapon, as defined in s. 790.053.
Exposure of sexual organs, as defined in s. 800.03.
Unlawful possession of a firearm, as defined in s. 790.22(5).
Petit theft, as defined in s. 812.014.
Cruelty to animals, as defined in s. 828.12(1).
Arson, resulting in bodily harm to a firefighter, as defined in s. 806.031(1).
Unlawful possession or discharge of a weapon or firearm at a schoolsponsored event
or on school property as defined in s. 790.115.
A law enforcement agency may fingerprint and photograph a child taken into custody
upon probable cause that such child has committed any other violation of law, as the
agency deems appropriate. Such fingerprint records and photographs shall be retained by
the law enforcement agency in a separate file, and these records and all copies thereof
must be marked “Juvenile Confidential.” These records are not available for public
disclosure and inspection under s. 119.07(1) except as provided in
943.053 and 985.04(2), but shall be available to other law enforcement agencies, criminal
justice agencies, state attorneys, the courts, the child, the parents or legal custodians of
the child, their attorneys, and any other person authorized by the court to have access to
such records. In addition, such records may be submitted to the Department of Law
Enforcement for inclusion in the state criminal history records and used by criminal
justice agencies for criminal justice purposes. These records may, in the discretion of the
court, be open to inspection by anyone upon a showing of cause. The fingerprint and
photograph records shall be produced in the court whenever directed by the court. Any
photograph taken pursuant to this section may be shown by a law enforcement officer to
any victim or witness of a crime for the purpose of identifying the person who committed
such crime.
The court shall be responsible for the fingerprinting of any child at the disposition
hearing if the child has been adjudicated or had adjudication withheld for any felony in
the case currently before the court.
If the child is not referred to the court, or if the child is found not to have committed
a violation of law, the court may, after notice to the law enforcement agency involved,
order the originals and copies of the fingerprints and photographs destroyed. Unless
otherwise ordered by the court, if the child is found to have committed an offense which
would be a felony if it had been committed by an adult, then the law enforcement agency
having custody of the fingerprint and photograph records shall retain the originals and
immediately thereafter forward adequate duplicate copies to the court along with the
written offense report relating to the matter for which the child was taken into custody.
Except as otherwise provided by this subsection, the clerk of the court, after the
disposition hearing on the case, shall forward duplicate copies of the fingerprints and
photographs, together with the child’s name, address, date of birth, age, and sex, to:
The sheriff of the county in which the child was taken into custody, in order to
maintain a central child identification file in that county.
The law enforcement agency of each municipality having a population in excess of
50,000 persons and located in the county of arrest, if so requested specifically or by a
general request by that agency.
This section does not prohibit the fingerprinting or photographing of child traffic
violators. All records of such traffic violations shall be kept in the full name of the
violator and shall be open to inspection and publication in the same manner as adult
traffic violations. This section does not apply to the photographing of children by the
Department of Juvenile Justice or the Department of Children and Families.
985.115. Release or delivery from custody.
A child taken into custody shall be released from custody as soon as is reasonably
possible.
Unless otherwise ordered by the court under s. 985.255 or s. 985.26, and unless there
is a need to hold the child, a person taking a child into custody shall attempt to release the
child as follows:
To the child’s parent, guardian, or legal custodian or, if the
child’s parent, guardian, or legal custodian is unavailable, unwilling, or unable to provide
supervision for the child, to any responsible adult. Prior to releasing the child to a
responsible adult, other than the parent, guardian, or legal custodian, the person taking
the child into custody may conduct a criminal history background check of the person to
whom the child is to be released. If the person has a prior felony conviction, or a
conviction for child abuse, drug trafficking, or prostitution, that person is not a
responsible adult for the purposes of this section. The person to whom the child is
released shall agree to inform the department or the person releasing the child of the
child’s subsequent change of address and to produce the child in court at such time as the
court may direct, and the child shall join in the agreement.
Contingent upon specific appropriation, to a shelter approved by the department or to
an authorized agent.
If the child is believed to be suffering from a serious physical condition which
requires either prompt diagnosis or prompt treatment, to a law enforcement officer who
shall deliver the child to a hospital for necessary evaluation and treatment.
If the child is believed to be mentally ill as defined in s. 394.463(1), to a law
enforcement officer who shall take the child to a designated public receiving facility as
defined in s. 394.455 for examination under s. 394.463.
If the child appears to be intoxicated and has threatened, attempted, or inflicted
physical harm on himself or herself or another, or is incapacitated by substance abuse, to
a law enforcement officer who shall deliver the child to a hospital,
addictions receiving facility, or treatment resource.
If available, to a juvenile assessment center equipped and staffed to assume custody
of the child for the purpose of assessing the needs of the child in custody. The center may
then release or deliver the child under this section with a copy of the assessment.
Upon taking a child into custody, a law enforcement officer may deliver the child, for
temporary custody not to exceed 6 hours, to a secure booking area of a jail or other
facility intended or used for the detention of adults, for the purpose of fingerprinting or
photographing the child or awaiting appropriate transport to the department or as
provided in s. 985.13(2), provided no regular sight and sound contact between the child
and adult inmates or trustees is permitted and the receiving facility has adequate staff to
supervise and monitor the child’s activities at all times.
Nothing in this section or s. 985.13 shall prohibit the proper use of law enforcement
diversion programs. Law enforcement agencies may initiate and conduct diversion
programs designed to divert a child from the need for department custody or judicial
handling. Such programs may be cooperative projects with local community service
agencies.
985.12. Civil citation.
There is established a juvenile civil citation process for the purpose of providing an
efficient and innovative alternative to custody by the Department of Juvenile Justice for
children who commit nonserious delinquent acts and to ensure swift and appropriate
consequences. The department shall encourage and
assist in the implementation and improvement of civil citation programs or other similar
diversion programs around the state. The civil citation or similar diversion program shall
be established at the local level with the concurrence of the chief judge of the circuit,
state attorney, public defender, and the head of each local law enforcement agency
involved. The program may be operated by an entity such as a law enforcement agency,
the department, a juvenile assessment center, the county or municipality, or another entity
selected by the county or municipality. An entity operating the civil citation or similar
diversion program must do so in consultation and agreement with the state attorney and
local law enforcement agencies. Under such a juvenile civil citation or similar diversion
program, a law enforcement officer, upon making contact with a juvenile who admits
having committed a misdemeanor, may choose to issue a simple warning or inform the
child’s guardian or parent of the child’s infraction, or may issue a civil citation or require
participation in a similar diversion program, and assess up to 50 community service
hours, and require participation in intervention services as indicated by an assessment of
the needs of the juvenile, including family counseling, urinalysis monitoring, and
substance abuse and mental health treatment services. A copy of each citation issued
under this section shall be provided to the department, and the department shall enter
appropriate information into the juvenile offender information system. Use of the civil
citation or similar diversion program is not limited to firsttime misdemeanors and may
be used in up to two subsequent misdemeanors. If an arrest is made, a law enforcement
officer must provide written documentation as to why an arrest was warranted. At the
conclusion of a juvenile’s civil citation program or similar
diversion program, the agency operating the program shall report the outcome to the
department. The issuance of a civil citation is not considered a referral to the department.
The department shall develop guidelines for the civil citation program which include
intervention services that are based upon proven civil citation or similar diversion
programs within the state.
Upon issuing such citation, the law enforcement officer shall send a copy to the
county sheriff, state attorney, the appropriate intake office of the department, or the
community service performance monitor designated by the department, the parent or
guardian of the child, and the victim.
The child shall report to the community service performance monitor within 7
working days after the date of issuance of the citation. The work assignment shall be
accomplished at a rate of not less than 5 hours per week. The monitor shall advise the
intake office immediately upon reporting by the child to the monitor, that the child has in
fact reported and the expected date upon which completion of the work assignment will
be accomplished.
If the child fails to report timely for a work assignment, complete a work assignment,
or comply with assigned intervention services within the prescribed time, or if the
juvenile commits a subsequent misdemeanor, the law enforcement officer shall issue a
report alleging the child has committed a delinquent act, at which point a juvenile
probation officer shall process the original delinquent act as a referral to the department
and refer the report to the state attorney for review.
At the time of issuance of the citation by the law enforcement officer, such officer
shall advise the child that the child has the option to refuse the citation and to be referred
to the intake office of the department. That option may be exercised at any time before
completion of the work assignment.
985.25. Detention intake.
The department shall receive custody of a child who has been taken into custody
from the law enforcement agency or court and shall review the facts in the law
enforcement report or probable cause affidavit and make such further inquiry as may be
necessary to determine whether detention care is appropriate.
During the period of time from the taking of the child into custody to the date of the
detention hearing, the initial decision as to the child’s placement into secure or nonsecure
detention care shall be made by the department under ss. 985.24 and 985.245(1).
The department shall base the decision whether to place the child into secure or
nonsecure detention care on an assessment of risk in accordance with the risk assessment
instrument and procedures developed by the department under s. 985.245. However, a
child charged with possessing or discharging a firearm on school property in violation of
s. 790.115 shall be placed in secure detention care. A child who has been taken into
custody on three or more separate occasions within a 60day period shall be placed in
secure detention care until the child’s detention hearing.
If the final score on the child’s risk assessment instrument indicates detention care is
appropriate, but the department
otherwise determines the child should be released, the department shall contact the state
attorney, who may authorize release.
If the final score on the risk assessment instrument indicates detention is not
appropriate, the child may be released by the department in accordance with ss. 985.115
and 985.13.
Under no circumstances shall the department or the state attorney or law enforcement
officer authorize the detention of any child in a jail or other facility intended or used for
the detention of adults, without an order of the court.
The arresting law enforcement agency shall complete and present its investigation of
an offense to the appropriate state attorney’s office within 8 days after placement of the
child in secure detention. The investigation shall include, but is not limited to, police
reports and supplemental police reports, witness statements, and evidence collection
documents. The failure of a law enforcement agency to complete and present its
investigation within 8 days shall not entitle a juvenile to be released from secure
detention or to a dismissal of any charges.
985.275. Detention of escapee or absconder on authority of the department.
If an authorized agent of the department has reasonable grounds to believe that any
delinquent child committed to the department has escaped from a residential commitment
facility or from being lawfully transported thereto or therefrom, or has absconded from a
nonresidential commitment facility, the agent shall notify law enforcement and, if the
offense would require notification under chapter 960, notify the victim. The agent shall
make every reasonable effort as permitted within existing resources provided to the
department to locate the delinquent child, and the child may be returned to the facility or,
if it is closer, to a detention center for return to the facility. However, a child may not be
held in detention longer than 24 hours, excluding Saturdays, Sundays, and legal holidays,
unless a special order so directing is made by the judge after a detention hearing resulting
in a finding that detention is required based on the criteria in s. 985.255. The order shall
state the reasons for such finding. The reasons shall be reviewable by appeal or in habeas
corpus proceedings in the district court of appeal.
Any sheriff or other law enforcement officer, upon the request of the secretary of the
department or duly authorized agent, shall take a child who has escaped from a
residential commitment facility or from being lawfully transported thereto or therefrom,
or has absconded from a nonresidential commitment facility, into custody and deliver the
child to the appropriate juvenile probation officer.
985.345. Delinquency pretrial intervention programs.
(a) Notwithstanding any other law, a child who is charged with a felony of the second
or third degree for purchase or possession of a controlled substance under chapter 893;
tampering with evidence; solicitation for purchase of a controlled substance; or obtaining
a prescription by fraud, and who has not previously been adjudicated for a felony, is
eligible for voluntary admission into a delinquency pretrial substance abuse education
and treatment intervention program, including a treatmentbased drug court program
established pursuant to s. 397.334, approved by the
chief judge or alternative sanctions coordinator of the circuit to the extent that funded
programs are available, for a period based on the program requirements and the treatment
services that are suitable for the offender, upon motion of either party or the court’s own
motion. However, if the state attorney believes that the facts and circumstances of the
case suggest the child’s involvement in the dealing and selling of controlled substances,
the court shall hold a preadmission hearing. If the state attorney establishes by a
preponderance of the evidence at such hearing that the child was involved in the dealing
and selling of controlled substances, the court shall deny the child’s admission into a
delinquency pretrial intervention program.
While enrolled in a delinquency pretrial intervention program authorized by this
subsection, a child is subject to a coordinated strategy developed by a drug court team
under s. 397.334(4). The coordinated strategy may include a protocol of sanctions that
may be imposed upon the child for noncompliance with program rules. The protocol of
sanctions may include, but is not limited to, placement in a substance abuse treatment
program offered by a licensed service provider as defined in s. 397.311 or serving a
period of secure detention under this chapter. The coordinated strategy must be provided
in writing to the child before the child agrees to enter the pretrial treatmentbased drug
court program or other pretrial intervention program. A child whose charges are
dismissed after successful completion of the treatmentbased drug court program, if
otherwise eligible, may have his or her arrest record and plea of nolo contendere to the
dismissed charges expunged under s. 943.0585.
At the end of the delinquency pretrial intervention period,
the court shall consider the recommendation of the state attorney and the program
administrator as to disposition of the pending charges. The court shall determine, by
written finding, whether the child has successfully completed the delinquency pretrial
intervention program. Notwithstanding the coordinated strategy developed by a drug
court team pursuant to s. 397.334(4), if the court finds that the child has not successfully
completed the delinquency pretrial intervention program, the court may order the child to
continue in an education, treatment, or drug testing program if resources and funding are
available or order that the charges revert to normal channels for prosecution. The court
may dismiss the charges upon a finding that the child has successfully completed the
delinquency pretrial intervention program.
(a) Notwithstanding any other law, a child who has been identified as having a
mental illness and who has not been previously adjudicated for a felony is eligible for
voluntary admission into a delinquency pretrial mental health court intervention program,
established pursuant to s. 394.47892, approved by the chief judge of the circuit, for a
period to be determined by the court, based on the clinical needs of the child, upon
motion of either party or the court’s own motion if the child is charged with:
A misdemeanor;
A nonviolent felony, as defined in s. 948.01(8);
Resisting an officer with violence under s. 843.01, if the law enforcement officer and
state attorney consent to the child’s participation;
Battery on a law enforcement officer under s. 784.07, if the
law enforcement officer and state attorney consent to the child’s participation; or
Aggravated assault, if the victim and state attorney consent to the child’s
participation.
At the end of the delinquency pretrial mental health court intervention period, the
court shall consider the recommendation of the state attorney and the program
administrator as to disposition of the pending charges. The court shall determine, by
written finding, whether the child has successfully completed the program. If the court
finds that the child has not successfully completed the program, the court may order the
child to continue in an education, treatment, or monitoring program if resources and
funding are available or order that the charges revert to normal channels for prosecution.
The court may dismiss the charges upon a finding that the child has successfully
completed the program.
A child whose charges are dismissed after successful completion of the delinquency
pretrial mental health court intervention program, if otherwise eligible, may have his or
her criminal history record for such charges expunged under s. 943.0585.
Any entity, whether public or private, providing pretrial substance abuse education,
treatment intervention, drug testing, or a mental health court program under this section
must contract with the county or appropriate governmental entity, and the terms of the
contract must include, but need not be limited to, the requirements established for private
entities under s. 948.15(3). It is the intent of the Legislature that public or private entities
providing substance abuse education and treatment intervention programs involve the
active participation of parents, schools, churches, businesses, law enforcement agencies,
and the department or its contract providers.
985.6865. Juvenile detention.
The Legislature finds that various counties and the Department of Juvenile Justice
have engaged in a multitude of legal proceedings regarding detention cost sharing for
juveniles. Such litigation has largely focused on how the Department of Juvenile Justice
calculates the detention costs that the counties are responsible for paying, leading to the
overbilling of counties for a period of years. Additionally, litigation pending in 2016 is a
financial burden on the taxpayers of this state.
It is the intent of the Legislature that all counties that are not fiscally constrained
counties and that have pending administrative or judicial claims or challenges file a
notice of voluntary dismissal with prejudice to dismiss all actions pending on or before
February 1, 2016, against the state or any state agency related to juvenile detention cost
sharing. Furthermore, all counties that are not fiscally constrained shall execute a release
and waiver of any existing or future claims and actions arising from detention cost share
prior to the 20162017 fiscal year. The department may not seek reimbursement from
counties complying with this subsection for any underpayment for any costsharing
requirements before the 20162017 fiscal year.
As used in this section, the term:
“Detention care” means secure detention and respite beds
for juveniles charged with a domestic violence crime.
“Fiscally constrained county” means a county within a rural area of opportunity as
designated by the Governor pursuant to s. 288.0656 or each county for which the value of
a mill will raise no more than $5 million in revenue, based on the certified school taxable
value certified pursuant to s. 1011.62(4)(a)1.a., from the previous July 1.
“Total shared detention costs” means the amount of funds expended by the
department for the costs of detention care for the prior fiscal year. This amount includes
the most recent actual certify forward amounts minus any funds it expends on detention
care for juveniles residing in fiscally constrained counties or out of state.
(a) Notwithstanding s. 985.686 and for the 20162017 state fiscal year, each county
that is not a fiscally constrained county that has taken the action fulfilling the intent of
this legislation as described in subsection (2) shall pay to the department its annual
percentage share of $42.5 million. By June 1, 2016, the department shall calculate and
provide to each county that is not a fiscally constrained county its annual percentage
share by dividing the total number of detention days for juveniles residing in that county
for the most recently completed 12month period by the total number of detention days
for juveniles in all counties that are not fiscally constrained counties during the same
period. Beginning July 1, 2016, each such county shall pay to the department its annual
percentage share of $42.5 million, which shall be paid in 12 equal payments due on the
first day of each month. The state shall pay the remaining actual costs of detention care.
This paragraph expires June 30, 2017.
Notwithstanding s. 985.686, for the 20172018 fiscal year, and each fiscal year
thereafter, each county that is not a fiscally constrained county and that has taken the
action fulfilling the intent of this section as described in subsection (2) shall pay its
annual percentage share of 50 percent of the total shared detention costs. By July 15,
2017, and each year thereafter, the department shall calculate and provide to each county
that is not a fiscally constrained county its annual percentage share by dividing the total
number of detention days for juveniles residing in the county for the most recently
completed 12month period by the total number of detention days for juveniles in all
counties that are not fiscally constrained counties during the same period. The annual
percentage share of each county that is not a fiscally constrained county must be
multiplied by 50 percent of the total shared detention costs to determine that county’s
share of detention costs. Beginning August 1, each such county shall pay to the
department its share of detention costs, which shall be paid in 12 equal payments due on
the first day of each month. The state shall pay the remaining actual costs of detention
care.
985.721. Escapes from secure detention or residential commitment
facility.
An escape from:
Rule 3.121. Arrest Warrant.
Issuance.—An arrest warrant, when issued, shall:
(1) be in writing and in the name of the State of Florida;
(2) set forth substantially the nature of the offense;
command that the person against whom the complaint was made be arrested and
brought before a judge;
specify the name of the person to be arrested or, if the name is unknown to the judge,
designate the person by any name or description by which the person can be identified
with reasonable certainty, and include a photograph if reasonably available;
state the date when issued and the county where issued;
be signed by the judge with the title of the office; or, may be electronically signed by
the judge if the arrest warrant bears the affiant’s signature, or electronic signature, is
supported by an oath or affirmation administered by the judge, or other person authorized
by law to administer oaths, and, if submitted electronically, is submitted by reliable
electronic means; and
for offenses where a right to bail exists, set the amount of bail or other conditions of
release, and the return date.
Amendment.—No arrest warrant shall be dismissed nor shall any person in custody
be discharged because of any defect as to form in the warrant; but the warrant may be
amended by the judge to remedy such defect.
Rule 3.125. Notice to Appear.
the officer has reason to believe that the continued liberty of the accused constitutes
an unreasonable risk of bodily injury to the accused or others;
the accused has no ties with the jurisdiction reasonably sufficient to assure the
accused’s appearance or there is substantial risk that the accused will refuse to respond to
the notice;
the officer has any suspicion that the accused may be wanted in any jurisdiction; or
it appears that the accused previously has failed to respond to a notice or a summons
or has violated the conditions of any
pretrial release program.
By Booking Officer.—If the arresting officer does not issue notice to appear because
of one of the exceptions listed in subdivision (b) and takes the accused to police
headquarters, the booking officer may issue notice to appear if the officer determines that
there is a likelihood that the accused will appear as directed, based on a reasonable
investigation of the accused’s:
residence and length of residence in the community;
family ties in the community;
employment record;
character and mental condition;
past record of convictions; or
past history of appearance at court proceedings.
How and When Served.—If notice to appear is issued, it shall be prepared in
quadruplicate. The officer shall deliver 1 copy of the notice to appear to the arrested
person and the person, to secure release, shall give a written promise to appear in court by
signing the 3 remaining copies: 1 to be retained by the officer and 2 to be filed with the
clerk of the court. These 2 copies shall be sworn to by the arresting officer before a
notary public or a deputy clerk. If notice to appear is issued under subdivision (b), the
notice shall be issued immediately upon arrest. If notice to appear is issued under
subdivision (c), the notice shall be issued immediately upon completion of the
investigation. The arresting officer or other duly authorized official then shall release
from custody the person arrested.
Copy to the Clerk of the Court.—With the sworn notice to appear, the arresting
officer shall file with the clerk a list of witnesses and their addresses and a list of tangible
evidence in the cause. One copy shall be retained by the officer and 2 copies shall be filed
with the clerk of the court.
Copy to State Attorney.—The clerk shall deliver 1 copy of the notice to appear and
schedule of witnesses and evidence filed therewith to the state attorney.
Contents.—If notice to appear is issued, it shall contain the:
(1) name and address of the accused;
(2) date of offense;
offense(s) charged—by statute and municipal ordinance if applicable;
counts of each offense;
time and place that the accused is to appear in court;
name and address of the trial court having jurisdiction to try the offense(s) charged;
name of the arresting officer;
name(s) of any other person(s) charged at the same time;
and
signature of the accused.
Failure to Appear.—If a person signs a written notice to appear and fails to respond
to the notice to appear, a warrant of arrest shall be issued under rule 3.121.
Traffic Violations Excluded.—Nothing contained herein shall prevent the operation
of a traffic violations bureau, the issuance of citations for traffic violations, or any
procedure under chapter 316, Florida Statutes.
Rules and Regulations.—Rules and regulations of procedure governing the exercise
of authority to issue notices to appear shall be established by the chief judge of the
circuit.
Procedure by Court.
When the accused appears before the court under the requirements of the notice to
appear, the court shall advise the defendant as set forth in rule 3.130(b), and the
provisions of that rule shall apply. The accused at such appearance may elect to waive the
right to counsel and trial and enter a plea of guilty or nolo contendere by executing the
waiver form contained on the notice to appear, and the court may enter judgment and
sentence in the cause.
In the event the defendant enters a plea of not guilty, the court may set the cause for
jury or nonjury trial on the notice to appear under the provisions of rules 3.140 and 3.160.
When the court sets a trial date by the court, the clerk shall, without further praecipe,
issue witness subpoenas to the law enforcement officer who executed the notice to appear
and to the witnesses whose names and addresses appear on the list filed by the officer,
requiring their attendance at trial.
[Remainder intentionally omitted.]
Civil Forfeiture
Contents
FORFEITURE LAW – A BRIEF SUMMARY
CIVIL FORFEITURE GUIDELINES
I. Mechanics of Forfeiture
CHAPTER 932 PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE
LAW
932.701. Short title; definitions
932.704. Forfeiture proceedings
932.705. Law enforcement trust funds; Department of Highway Safety and Motor
Vehicles deposits
932.7055. Disposition of liens and forfeited property
932.706. Forfeiture training requirements
932.7061. Reporting seized property for forfeiture
932.7062. Penalty for noncompliance with reporting requirements
FORFEITURE LAW – A BRIEF SUMMARY
Factors to Establish Probable Cause – Under “Totality of the Circumstances”
The presence of any contraband: i.e., narcotics, illegally obtained prescription drugs,
adulterated drugs, stolen property in vicinity of $: i.e., same container, safe,
room, house, motor vehicle, on claimant or in any area related to claimant,
room, house, motor vehicle.
Large amount of $ itself.
Large amount of $ and claimant has bank accounts where $ could have been
deposited.
“Marked” bills commingled with seized $.
Preponderance of bills are small denominations from street sales.
Narcotics dog alert to $ and/or to area where $ is located.
Distinctive packaging of $ with rubber bands.
Distinctive packaging of $ in “quick count” bundles.
Distinctive packaging of $ with duct tape or foil.
Distinctive packaging of $ with substance in attempt to mask narcotics odor, i.e.,
fabric softener sheets, axle grease, pepper, coffee, fish, detergent, feces, etc.
$ which is not found with or near, but smells like any masking ingredient, or any
substance indicating where $ had been hidden, i.e., gasoline odor.
$ in dirty or other bad condition, indicating prior unusual location such as burial
ground.
Unusual container for $, i.e., diaper bag, “Crown Royale” bag, duffle bag.
Unusual location for $, i.e., motor vehicle trunk, wheel well, hub cap, gas tank,
person’s socks, taped or bound to legs or middle, hidden in private area.
False or hidden compartment in motor vehicle, boat or structure.
$ which was printed after the date that $ was alleged to have been accumulated or
saved.
Ledgers, documents, or markings on packaging of $, indicating narcotics sales or $
laundering.
Fingerprints on $ packaging or narcotics or money laundering ledgers.
Narcotics paraphernalia: baggies, rolling paper, pipes, razor, heat sealer, scales
(Ohaus or electronic).
Firearms legally or illegally obtained or carried in vicinity of illegal activities.
Claimant gives nonexistent address or address where he/she is not known to reside.
Physical proximity of $ to firearms and paraphernalia.
Radar detector.
Paper and recovered numbers.
Cell phones and recovered numbers.
$ counting machines.
Surveillance cameras.
Barred and heavy metal doors.
Heavy tinting on motor vehicle windows, windows in businesses and residences.
Claimant has numerous safe deposit boxes.
Persons acting as lookouts.
Admissions, confessions.
Conflicting or inconsistent stories as to source of $, intended use or destination of $, or
other related facts from witnesses and claimant.
Denial of knowledge of $, oral or written.
Denial of ownership of $, oral or written.
Claimant’s extreme nervousness.
Claimant flees police.
Claimant physical abandonment of the $ or other property.
Claimant refuses to consent to search under unusual circumstances, i.e., police respond to
crime scene where claimant or relative is a victim.
Inability or refusal by claimant to provide corroborative information which claimant
makes about the $.
Claimant or witnesses make statements which are not
believable or factually impossible on their face.
Third party’s inability or refusal to corroborate claimant’s explanation of source or
intended use of the $.
Inability or refusal of claimant to state the amount of $ being claimed.
Lack of documentation for source and/or intended use of $.
Claimant’s alleged legitimate business as source of $ does not exist, or does
not/cannot account for amount of $.
Claimant has no documented or reported employment or income is inconsistently low
in comparison to amount of $.
Claimant filed no state sales tax for business, sales tax reports which are inconsistent
with amount of income claimed and/or amount of $ seized.
Claimant filed no federal income tax returns, or income tax returns are inconsistent
with amount of income claimed and/or amount of $ seized.
Claimant does not have government, professional, or regulatory licenses required for
alleged business.
Claimant’s lifestyle (home, home furnishings, electronic equipment, motor vehicle) is
not consistent with documented or reported income.
Claimant’s immigration status is illegal or nonconforming.
Claimant uses or used false information or aka’s.
Prior police contact with claimant or other related to the claimant or the seizure, or at
the place of the seizure: arrests, convictions, forfeitures, probation, other
seizures of property.
Police contact with claimant or others related to claimant or the seizure, or at the
place of the seizure: arrests, convictions, forfeitures, probation, other seizures
of property after the seizure.
Claimant was driving, flying, taking a train along a known narcotics route, or was at
a known narcotics location.
City, country, area where $ is seized, or where claimant or $ was from or going to, is
known source, location or distribution point for drugs, money laundering or
other illegal activities.
Transmitting $ within or into or out of Florida in violation of Florida money
transmitter law (chapter 560).
Transmitting $ within or into Florida in violation of any federal law, or the law of
any other state or foreign country, including failure to make lawful
declarations.
Structuring or “smurfing,” multiple deposits of under $10,000 to avoid state and
federal reporting.
From Florida Forfeiture Handbook – 2005 edition Secher/Swain
2005 Matthew Bender & Company, Inc., a member of the LexisNexis Group
CIVIL FORFEITURE GUIDELINES
I. Mechanics of Forfeiture
Forfeiture in Florida involves the seizure by and ultimate transfer of ownership to a
law enforcement agency of real or personal property used or attempted to be used in
criminal activity, or which represents the proceeds or is purchased from the proceeds of
illegal activity. Forfeiture seeks to accomplish the following law enforcement goals: to
deprive criminals of their illgotten gains; to prevent the further illicit use of property;
and to deter illegal behavior. Forfeiture is a civil remedy made available to law
enforcement agencies pursuant to the Florida Contraband Forfeiture Act (“the Act”), as
contained in §§ 932.701 932.7062, Florida Statutes.
The Act provides that contraband as defined in the statute, may be seized by a law
enforcement agency based upon probable cause and thereupon forfeited through a civil
court proceeding, or trial, upon proof beyond a reasonable doubt (equivalent to the
standard required in a criminal case). Such a trial must be held before a jury unless
waived by the claimant to the property. Real property seizures differ from personal
property seizures as described below.
The Act now requires law enforcement agencies to apply for an exparte order of
probable cause within ten business days of every seizure (in addition to any request by a
claimant for an adversarial preliminary hearing). A ruling of “no probable cause” requires
the agency to return the property within five days.
A law enforcement agency is strictly required
to proceed
against seized property by filing a Complaint/Petition for Forfeiture within 45 days of
seizure in the jurisdiction wherein the seizure or the predicate offense(s) occurred. The
filing of the complaint/petition initiates an “in rem” civil action, wherein the seizing
agency is the plaintiff/petitioner, and the property itself is the defendant. A person
claiming an interest in the property is known as the claimant, and must answer the
complaint/petition pursuant to the Florida Rules of Civil Procedure upon service by the
seizing agency.
The Act also requires that all persons known to the seizing agency to have an interest
in the property be sent notice by certified mail within five (5) working days of the seizure
that they are entitled to an Adversarial Preliminary Hearing, which must be held within
ten (10) days from the receipt of any request for such a hearing. The courts have found
that any tardiness in sending the notice violates due process, and requires that the seized
property be returned. The purpose of the hearing is to prevent improvident seizures by
having the court make an early determination as to whether probable cause exists that the
seized property constitutes contraband. A finding by the court that probable cause does
not exist subjects the seizing agency to court costs and attorney’s fees up to $2,000.
Typically, the seizing officer is called upon to testify at the Adversarial Preliminary
Hearing, and should be prepared to face crossexamination by the claimant’s defense
counsel. Notice must be afforded to all known owners or lienholders, as well as to any
person in possession of property when seized. Persons in possession of property when
seized may participate at the Adversarial Preliminary Hearing, regardless of their
ownership interest.
Even if a seizing agency meets it burden at trial of proving beyond a reasonable
doubt that seized property constitutes contraband, there are two statutory defenses
available to a claimant under the Act, either as an innocent owner or a bona fide
lienholder. It is the seizing agency’s burden to disprove these defenses by a
preponderance of the evidence (the greater weight of the evidence). The seizing agency
must prove that an owner either knew, or should have known after reasonable inquiry,
that his or her property was being employed or was likely to be employed in criminal
activity. Similarly, the seizing agency must prove that any bona fide lienholder, at the
time the lien was made, had actual knowledge that the property was being employed or
was likely to be employed in criminal activity.
Once a forfeiture action has been timely initiated by filing a civil complaint/petition
within 45 days of seizure, no other action to recover any interest in the property may be
maintained. Such prohibited actions would include a replevin or similar action filed in
civil court or a motion for return of property filed in a related criminal case. As in all civil
cases, full discovery may be taken by the claimant, and officers should be prepared to
collect requested material and be deposed as required.
Forfeiture is a civil matter controlled by statute and proceeds independent of any
criminal proceedings. However, the Act now requires an arrest of the owner of the
property seized with the following exceptions:
The owner cannot be identified after a diligent search, or the person in possession of
the property denies ownership and the owner of the property cannot be
identified by means that are available to the employee or agent of the seizing
agency at the time of the seizure;
The owner of the property is a fugitive from justice or is deceased;
An individual who does not own the property is arrested for a criminal offense that
forms the basis for determining that the property is a contraband article under
s. 932.701 and the owner of the property had actual knowledge of the criminal
activity;
The owner of the property agrees to be a confidential informant as defined in s.
914.28; or
The property is a monetary instrument.
Since forfeiture is considered “quasicriminal” in nature, Fourth Amendment
search and
seizure issues are relevant and may be independently considered within the civil
forfeiture action and even as early as the Adversarial Preliminary Hearing. A finding that
property was illegally seized would thereupon result in its suppression as evidence in the
forfeiture case.
II. Forfeiture of Narcotics Related Currency
Currency, or other means of exchange, which was used, attempted to be used, or
intended to be used in violation of any provision of chapter 893 (drug abuse and control)
may be seized and forfeited provided a nexus can be shown between the currency and
narcotics activity, although the use of the currency does not have to be traced to a specific
narcotics transaction. Sometimes the nexus is obvious, such as when currency is found in
close proximity to illegal narcotics or has visible residue
adhering to the bills or the bills’ packaging, or was actually used to consummate a drug
deal. Many times, however, no drugs are present but the totality of the circumstances still
indicates that the money has a nexus to drug dealing.
Just such circumstantial evidence was used to successfully prosecute a forfeiture
action by the MiamiDade Police Department involving the seizure of $142,795 by
MiamiDade Police Officers. In Lobo v. Metro
Dade Police Dept., 505 So.2d 621 (3rd
DCA 1987) , the court found
probable
cause for seizure based on the totality of the
circumstances, including the large amount of currency itself, the packaging of the money
in a duffel bag in stacks secured with rubber bands (quick count bundles), conflicting
statements as to the source of the currency, and an alert on the money by a trained
narcotics detection dog. It should be noted that an alert by a trained narcotics detection
dog is significant in a drug money case and provides evidence that currency was in
recent, close or actual proximity to drugs, or had been just before packaging. An alert is
not caused by any innocent environmental contamination of currency by cocaine residue
on circulated U.S. currency, as frequently alleged by the media. See, U.S. v. $22,474.00
in U.S. Currency,
246 F.3d 1212 (9th Cir. 2000) . This global contamination theory,
which states in essence that a dog alert is not probative of probable cause because a high
percentage of circulated U.S. currency is contaminated with drug residue, was soundly
rejected by the Eleventh Circuit Court of Appeals, citing studies by Drs. Furton and Rose
which demonstrated that narcotics detection dogs alert to the odor of methyl benzoate, a
byproduct of street cocaine, and not otherwise to generally circulated currency. United
States v. $242,484, 389 F.
3d 1149, at fn. 910 (11th Cir. 2004). For further reference see: “Identification of Odor
Signature Chemicals in Cocaine”, by Kenneth G. Furton, et al., Journal of
Chromatographic Science, Vol. 40, pg. 147, March 2002; and U.S. v. Funds in the
Amount of $30,670.00, 403 F.3d 448, at 462 (7th Cir. 2005).
Much evidentiary value and impact stem from the visual impression that
circumstantial factors may create. Therefore, every effort should be made to document
the currency appearance prior to moving it or disturbing the packaging or wrappings. The
containers or wrappings in which the currency is stored may also be significant,
especially if they are not used to store or transport currency as a usual business practice.
A person who is qualified through training and experience to render an expert opinion
regarding the practices employed by drug traffickers should be able to opine that the
currency was used in illegal narcotics activity.
Circumstantial evidence to support a forfeiture seizure will, of course, vary from
incident to incident. Therefore, it is a mistake in any case to rely on any one significant
piece of evidence, and fail to preserve and use all of the small pieces of evidence that
when combined add up to a totality of circumstances. Interviewing and documenting all
witnesses at the time of the seizure as to the source and intended use of seized currency,
and the witnesses’ activities surrounding the seizure, is essential to building your case.
Immediate follow up to attempt to substantiate the information provided by witnesses is
also important, since information provided in these cases is often inaccurate, conflicting,
or not capable of being substantiated.
Other factors which appellate courts have considered
significant in determining that currency is subject to forfeiture include: notations such as
names and numbers found on wrappers or narcotics, unusual containers for money (i.e.,
diaper bags, gas tanks), odorous masking substances or wrappings (i.e., duct tape, dryer
sheets, coffee, axle grease), drug paraphernalia, firearms, and scales. It is important to
note that all evidence collected and presented at the time of the court’s probable cause
determination is admissible, which includes evidence and statements at the time of
seizure and all followup investigative information.
III. Forfeiture of Real and Personal Property
The Florida Contraband Forfeiture Act broadly provides for the seizure of any real or
personal property which was used or attempted to be used in any way as an
instrumentality in the commission of, or used or attempted to be used to facilitate the
commission of, a felony, or which constitutes the proceeds of a felony. Personal property
may be seized based on probable cause in the same manner as all other 4th Amendment
seizures. Examples of personal property that can be seized include vehicles, boats, and
airplanes, as well as money, jewelry, tools, computers, or records.
The seizure and forfeiture of real property, however, differs extensively. Real
property canot be seized except by order of court or the filing of a “lis pendens” after a
civil forfeiture action is filed, which serves as a claim against the property. Moreover,
under Florida law, a person’s primary residence, or homestead, is exempt from seizure
(although federal law may still allow for its seizure). Any questions concerning a
forfeiture matter should be directed to the Legal Bureau’s Forfeiture Section or the on
call
Legal Advisor.
IV. Sharing in the Proceeds of Federal Forfeitures
The United States Attorney General may authorize a transfer of an equitable share in
a federal forfeiture to a state or local law enforcement agency. Comprehensive Crime
Control Act of 1984, Pub. L. No. 98473, 98 Stat. 1837
(1984). Consequently, state and
local law enforcement agencies have the ability to share in the proceeds of a federal
forfeiture action when they assist in a seizure or investigation arising out of violations of
laws enforced by federal law enforcement agencies.
The following Department of Justice Agencies participate in the sharing program:
The Federal Bureau of Investigation; Drug Enforcement Administration; and
Immigration and Naturalization Service (now Homeland Security). Additionally, the
United States Park Police, United States Marshalls Service, United States Attorneys
Offices, and the United States Postal Inspection Service participate in the forfeiture
program, although they do not directly adopt state and local seizures.
The following agencies previously under the Department of Treasury have also
participated in a similar sharing program administered by the Department of Treasury (it
is still unclear how the newly created Department of Homeland Security will affect the
way these agencies participate): United States Customs Service (now Homeland
Security), Internal Revenue Service Criminal Investigation Division, United States Secret
Service (now Homeland Security), Bureau of Alcohol, Tobacco, Firearms and Explosives
(now a Department of Justice Agency), and the United States Coast Guard.
State and local agencies are not automatically entitled to share in the proceeds of a
federal forfeiture. An application must be made using the DAG71 for Justice
Department agencies and Form TDF9222.46 when the seizure was made by a Treasury
Department agency, at present Homeland Security agencies are still accepting the
Treasury form. These forms are available from the field offices of the various federal
agencies or from the Police Legal Bureau. Officers who assist any federal agency in an
investigation, even if merely making a traffic stop that results in the seizure of property,
should consult the Police Legal Bureau’s Forfeiture Section so that an application for a
share of any seized property may be made if appropriate.
The officer assisting in the seizure should complete the application for federal
sharing. Questions concerning the completion of the application form should be directed
to the Police Legal Bureau or the concerned federal agency. The sharing request must be
presented to the Police Legal Bureau for processing and certification of legal sufficiency.
The Police Legal Bureau will then forward the request to the appropriate federal agency.
There are strict time restrictions on the submission of federal sharing applications.
Applications must be submitted to the proper federal agency within 60 calendar days of
the seizure resulting from joint investigations and 30 calendar days for adopted seizures.
Consequently, the original sharing request should be received by the Police Legal Bureau
within 7 calendar days of the seizure. Late applications may result in the sharing request
being denied by the concerned federal agency and the loss of substantial funds that would
have gone to the Law Enforcement Trust Fund.
Therefore, every effort should be made to ensure there are no delays in the processing of
the sharing request.
A separate application usually must be submitted for each seizure resulting from an
investigation. For example, if an investigation results in the seizure of currency, an
automobile, and 20 pieces of jewelry, a separate application must be submitted for the
currency, automobile and the jewelry. The 20 pieces of jewelry can be submitted on one
application provided they were all part of a single seizure.
It should be noted that federal sharing is based on the net proceeds of federally
forfeited property, which can be affected by many variables, e.g. administrative and
maintenance costs associated with the forfeiture, upkeep of property, unfavorable judicial
rulings, return of the property, etc. Additionally, the percentage of the proceeds requested
may not be the percentage received. The exercise of sharing authority is discretionary by
the federal government. Consequently, the amount shared may be substantially less than
the amount seized.
A more detailed explanation of procedures and restrictions on federal equitable
sharing can be found in the Department of Treasury’s “Guide to Equitable Sharing for
Foreign Countries and Federal, State and Local Law Enforcement Agencies,” and the
Department of Justice’s “A Guide to Equitable Sharing of Federally Forfeited Property
for State and Local Law Enforcement Agencies.”
CHAPTER 932
PROVISIONS SUPPLEMENTAL TO CRIMINAL
PROCEDURE LAW
932.701. Short title; definitions.
Sections 932.701932.7062 shall be known and may be cited as the “Florida
Contraband Forfeiture Act.”
As used in the Florida Contraband Forfeiture Act:
(a) “Contraband article” means:
Any motor vehicle used during the course of committing an offense in violation of s.
322.34(9)(a).
Any photograph, film, or other recorded image, including an image recorded on
videotape, a compact disc, digital tape, or fixed disk, that is recorded in violation of s.
810.145 and is
possessed for the purpose of amusement, entertainment, sexual arousal, gratification, or
profit, or for the purpose of degrading or abusing another person.
Any real property, including any right, title, leasehold, or other interest in the whole
of any lot or tract of land, which is acquired by proceeds obtained as a result of Medicaid
fraud under s. 409.920 or s. 409.9201; any personal property, including, but not limited
to, equipment, money, securities, books, records, research, negotiable instruments, or
currency; or any vessel, aircraft, item, object, tool, substance, device, weapon, machine,
or vehicle of any kind in the possession of or belonging to any person which is acquired
by proceeds obtained as a result of Medicaid fraud under s. 409.920 or s. 409.9201.
Any personal property, including, but not limited to, any vehicle, item, object, tool,
device, weapon, machine, money, security, book, or record, that is used or attempted to
be used as an instrumentality in the commission of, or in aiding and abetting in the
commission of, a person’s third or subsequent violation of s. 509.144, whether or not
comprising an element of the offense.
“Bona fide lienholder” means the holder of a lien perfected pursuant to applicable
law.
“Promptly proceed” means to file the complaint within 45 days after seizure.
“Complaint” is a petition for forfeiture filed in the civil division of the circuit court
by the seizing agency requesting the court to issue a judgment of forfeiture.
“Person entitled to notice” means any owner, entity, bona
fide lienholder, or person in possession of the property subject to forfeiture when seized,
who is known to the seizing agency after a diligent search and inquiry.
“Adversarial preliminary hearing” means a hearing in which the seizing agency is
required to establish probable cause that the property subject to forfeiture was used in
violation of the Florida Contraband Forfeiture Act.
“Forfeiture proceeding” means a hearing or trial in which the court or jury
determines whether the subject property shall be forfeited.
“Claimant” means any party who has proprietary interest in property subject to
forfeiture and has standing to challenge such forfeiture, including owners, registered
owners, bona fide lienholders, and titleholders.
932.702. Unlawful to transport, conceal, or possess contraband articles or
to acquire real or personal property with contraband proceeds; use of vessel,
motor vehicle, aircraft, other personal property, or real property.
It is unlawful:
To transport, carry, or convey any contraband article in, upon, or by means of any
vessel, motor vehicle, or aircraft.
To conceal or possess any contraband article.
To use any vessel, motor vehicle, aircraft, other personal property, or real property to
facilitate the transportation, carriage, conveyance, concealment, receipt, possession,
purchase, sale, barter, exchange, or giving away of any contraband article.
To conceal, or possess, or use any contraband article as an instrumentality in the
commission of or in aiding or abetting in the commission of any felony or violation of the
Florida Contraband Forfeiture Act.
To acquire real or personal property by the use of proceeds obtained in violation of
the Florida Contraband Forfeiture Act.
932.703. Forfeiture of contraband article; exceptions.
(a) A contraband article, vessel, motor vehicle, aircraft, other personal property, or
real property used in violation of any provision of the Florida Contraband Forfeiture Act,
or in, upon, or by means of which any violation of the Florida Contraband Forfeiture Act
has taken or is taking place, may be seized and shall be forfeited subject to the Florida
Contraband Forfeiture Act. A seizure may occur only if the owner of the property is
arrested for a criminal offense that forms the basis for determining that the property is a
contraband article under s. 932.701, or one or more of the following circumstances apply:
The owner of the property cannot be identified after a diligent search, or the person in
possession of the property denies ownership and the owner of the property cannot be
identified by means that are available to the employee or agent of the seizing agency at
the time of the seizure;
The owner of the property is a fugitive from justice or is deceased;
An individual who does not own the property is arrested for a criminal offense that
forms the basis for determining that the property is a contraband article under s. 932.701
and the owner of
the property had actual knowledge of the criminal activity. Evidence that an owner
received written notification from a law enforcement agency and acknowledged receipt
of the notification in writing, that the seized asset had been used in violation of the
Florida Contraband Forfeiture Act on a prior occasion by the arrested person, may be
used to establish actual knowledge;
The owner of the property agrees to be a confidential informant as defined in s.
914.28. The seizing agency may not use the threat of property seizure or forfeiture to
coerce the owner of the property to enter into a confidential informant agreement. The
seizing agency shall return the property to the owner if criminal charges are not filed
against the owner and the active criminal investigation ends or if the owner ceases being
a confidential informant, unless the agency includes the final forfeiture of the property as
a component of the confidential informant agreement; or
The property is a monetary instrument. For purposes of this subparagraph, the term
“monetary instrument” means coin or currency of the United States or any other country;
a traveler’s check; a personal check; a bank check; a cashier’s check; a money order; a
bank draft of any country; an investment security or negotiable instrument in bearer form
or in other form such that title passes upon delivery; a prepaid or stored value card or
other device that is the equivalent of money and can be used to obtain cash, property, or
services; or gold, silver, or platinum bullion or coins.
After property is seized pursuant to the Florida Contraband Forfeiture Act, regardless
of whether the civil complaint has been filed, all settlements must be personally approved
by the head of
the law enforcement agency that seized the property. If the agency head is unavailable
and a delay would adversely affect the settlement, approval may be given by a
subordinate of the agency head who is designated to grant such approval.
If at least 90 days have elapsed since the initial seizure of the property and the seizing
agency has failed to locate the owner after making a diligent effort, the seized property is
deemed a contraband article that is subject to forfeiture under the Florida Contraband
Forfeiture Act.
1. The seizing agency may not use the seized property for any purpose until the rights
to, interest in, and title to the seized property are perfected in accordance with the Florida
Contraband Forfeiture Act. This section does not prohibit use or operation necessary for
reasonable maintenance of seized property. Reasonable efforts shall be made to maintain
seized property in such a manner as to minimize loss of value.
Unless otherwise expressly agreed to in writing by the parties, the agency seeking
forfeiture of the seized property is responsible for any damage to the property and any
storage fees or maintenance costs applicable to the property. If more than one agency
seeks forfeiture of the property, the division of liability under this subparagraph may be
governed by the terms of an agreement between the agencies.
(a) When a seizure of property is made under the Florida Contraband Forfeiture Act,
the seizing agency shall apply, within 10 business days after the date of the seizure, to a
court of competent jurisdiction for an order determining whether probable cause exists
for the seizure of the property. The application for the
probable cause determination must be accompanied by a sworn affidavit and may be filed
electronically by reliable electronic means.
(b) The court must determine whether:
The owner was arrested under paragraph (1)(a), and if not, whether an exception to
the arrest requirement specified in paragraph (1)(a) applies; and
Probable cause exists for the property seizure under the Florida Contraband
Forfeiture Act.
If the court finds that the requirements specified in paragraph (1)(a) were satisfied
and that probable cause exists for the seizure, the forfeiture may proceed as set forth in
the Florida Contraband Forfeiture Act, and no additional probable cause determination is
required unless the claimant requests an adversarial preliminary hearing as set forth in the
act. Upon such a finding, the court shall issue a written order finding probable cause for
the seizure and order the property held until the issue of a determination of title is
resolved pursuant to the procedures defined in the act.
If the court finds that the requirements in paragraph (1)(a) were not satisfied or that
probable cause does not exist for the seizure, any forfeiture hold, lien, lis pendens, or
other civil encumbrance must be released within 5 days.
The court may seal any portion of the application and the record of any proceeding
under the Florida Contraband Forfeiture Act which is exempt or confidential and exempt
from s. 119.07(1) and s. 24(a), Art. I of the State Constitution or may otherwise be
sealed pursuant to Rule 2.420, Florida Rules of Judicial Administration.
(a) Personal property may be seized at the time of the violation or subsequent to the
violation, if the person entitled to notice is notified at the time of the seizure or by
certified mail, return receipt requested, that there is a right to an adversarial preliminary
hearing after the seizure to determine whether probable cause exists to believe that such
property has been or is being used in violation of the Florida Contraband Forfeiture Act.
Seizing agencies shall make a diligent effort to notify the person entitled to notice of the
seizure. Notice provided by certified mail must be mailed within 5 working days after the
seizure and must state that a person entitled to notice may request an adversarial
preliminary hearing within 15 days after receiving such notice. When a postseizure,
adversarial preliminary hearing as provided in this section is desired, a request must be
made in writing by certified mail, return receipt requested, to the seizing agency. The
seizing agency shall set and notice the hearing, which must be held within 10 days after
the request is received or as soon as practicable thereafter.
Real property may not be seized or restrained, other than by lis pendens, subsequent
to a violation of the Florida Contraband Forfeiture Act until the persons entitled to notice
are afforded the opportunity to attend the preseizure adversarial preliminary hearing. A
lis pendens may be obtained by any method authorized by law. Notice of the adversarial
preliminary hearing shall be by certified mail, return receipt requested. The purpose of
the adversarial preliminary hearing is to determine whether probable cause exists to
believe that such property has been used in
violation of the Florida Contraband Forfeiture Act. The seizing agency shall make a
diligent effort to notify any person entitled to notice of the seizure. The preseizure
adversarial preliminary hearing provided herein shall be held within 10 days of the filing
of the lis pendens or as soon as practicable.
When an adversarial preliminary hearing is held, the court shall review the verified
affidavit and any other supporting documents and take any testimony to determine
whether there is probable cause to believe that the property was used, is being used, was
attempted to be used, or was intended to be used in violation of the Florida Contraband
Forfeiture Act. If probable cause is established, the court shall authorize the seizure or
continued seizure of the subject contraband. A copy of the findings of the court shall be
provided to any person entitled to notice.
If the court determines that probable cause exists to believe that such property was
used in violation of the Florida Contraband Forfeiture Act, the court shall order the
property restrained by the least restrictive means to protect against disposal, waste, or
continued illegal use of such property pending disposition of the forfeiture proceeding.
The court may order the claimant to post a bond or other adequate security equivalent to
the value of the property.
Neither replevin nor any other action to recover any interest in such property shall be
maintained in any court, except as provided in this act; however, such action may be
maintained if forfeiture proceedings are not initiated within 45 days after the date of
seizure. However, if good cause is shown, the court may extend the aforementioned
prohibition to 60 days.
In any incident in which possession of any contraband article defined in s. 932.701(2)
(a) constitutes a felony, the vessel, motor vehicle, aircraft, other personal property, or real
property in or on which such contraband article is located at the time of seizure shall be
contraband subject to forfeiture. It shall be presumed in the manner provided in s.
90.302(2) that the vessel, motor vehicle, aircraft, other personal property, or real property
in which or on which such contraband article is located at the time of seizure is being
used or was attempted or intended to be used in a manner to facilitate the transportation,
carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange,
or giving away of a contraband article defined in s. 932.701(2).
The court shall order the forfeiture of any other property of a claimant, excluding
lienholders, up to the value of any property subject to forfeiture under this section if any
of the property described in this section:
Cannot be located;
Has been transferred to, sold to, or deposited with, a third
party;
Has been placed beyond the jurisdiction of the court;
Has been substantially diminished in value by any act or omission of the person in
possession of the property; or
Has been commingled with any property which cannot be divided without difficulty.
(a) Property may not be forfeited under the Florida Contraband Forfeiture Act unless
the seizing agency establishes
by a preponderance of the evidence that the owner either knew, or should have known
after a reasonable inquiry, that the property was being employed or was likely to be
employed in criminal activity.
A bona fide lienholder’s interest that has been perfected in the manner prescribed by
law prior to the seizure may not be forfeited under the Florida Contraband Forfeiture Act
unless the seizing agency establishes by a preponderance of the evidence that the
lienholder had actual knowledge, at the time the lien was made, that the property was
being employed or was likely to be employed in criminal activity. If a lienholder’s
interest is not subject to forfeiture under the requirements of this section, such interest
shall be preserved by the court by ordering the lienholder’s interest to be paid as provided
in s. 932.7055.
Property titled or registered between husband and wife jointly by the use of the
conjunctives “and,” “and/or,” or “or,” in the manner prescribed by law prior to the
seizure, may not be forfeited under the Florida Contraband Forfeiture Act unless the
seizing agency establishes by a preponderance of the evidence that the coowner either
knew or had reason to know, after reasonable inquiry, that such property was employed
or was likely to be employed in criminal activity.
A vehicle that is rented or leased from a company engaged in the business of renting
or leasing vehicles, which vehicle was rented or leased in the manner prescribed by law
prior to the seizure, may not be forfeited under the Florida Contraband Forfeiture Act,
and no fine, penalty, or administrative charge, other than reasonable and customary
charges for towing and storage, shall be imposed by any governmental agency on the
company which rented or leased the vehicle, unless the seizing agency establishes by
preponderance of the evidence that the renter or lessor had actual knowledge, at the time
the vehicle was rented or leased, that the vehicle was being employed or was likely to be
employed in criminal activity. When a vehicle that is rented or leased from a company
engaged in the business of renting or leasing vehicles is seized under the Florida
Contraband Forfeiture Act, upon learning the address or phone number of the company,
the seizing law enforcement agency shall, as soon as practicable, inform the company
that the vehicle has been seized and is available for the company to take possession upon
payment of the reasonable and customary charges for towing and storage.
Any interest in, title to, or right to property titled or registered jointly by the use of
the conjunctives “and,” “and/or,” or “or” held by a coowner, other than property held
jointly between husband and wife, may not be forfeited unless the seizing agency
establishes by a preponderance of the evidence that the coowner either knew, or had
reason to know, after reasonable inquiry, that the property was employed or was likely to
be employed in criminal activity. When the interests of each culpable coowner are
forfeited, any remaining coowners shall be afforded the opportunity to purchase the
forfeited interest in, title to, or right to the property from the seizing law enforcement
agency. If any remaining coowner does not purchase such interest, the seizing agency
may hold the property in coownership, sell its interest in the property, liquidate its
interest in the property, or dispose of its interest in the property in any other reasonable
manner.
It is an affirmative defense to a forfeiture proceeding that
the nexus between the property sought to be forfeited and the commission of any
underlying violation was incidental or entirely accidental. The value of the property
sought to be forfeited in proportion to any other factors must not be considered in any
determination as to this affirmative defense.
932.704. Forfeiture proceedings.
It is the policy of this state that law enforcement agencies shall utilize the provisions
of the Florida Contraband Forfeiture Act to deter and prevent the continued use of
contraband articles for criminal purposes while protecting the proprietary interests of
innocent owners and lienholders and to authorize such law enforcement agencies to use
the proceeds collected under the Florida Contraband Forfeiture Act as supplemental
funding for authorized purposes. The potential for obtaining revenues from forfeitures
must not override fundamental considerations such as public safety, the safety of law
enforcement officers, or the investigation and prosecution of criminal activity. It is also
the policy of this state that law enforcement agencies ensure that, in all seizures made
under the Florida Contraband Forfeiture Act, their officers adhere to federal and state
constitutional limitations regarding an individual’s right to be free from unreasonable
searches and seizures, including, but not limited to, the illegal use of stops based on a
pretext, coerciveconsent searches, or a search based solely upon an individual’s race or
ethnicity.
In each judicial circuit, all civil forfeiture cases shall be heard before a circuit court
judge of the civil division, if a civil division has been established. The Florida Rules of
Civil Procedure shall govern forfeiture proceedings under the Florida
Contraband Forfeiture Act unless otherwise specified under the Florida Contraband
Forfeiture Act.
Any trial on the ultimate issue of forfeiture shall be decided by a jury, unless such
right is waived by the claimant through a written waiver or on the record before the court
conducting the forfeiture proceeding.
The seizing agency shall promptly proceed against the contraband article by filing a
complaint in the circuit court within the jurisdiction where the seizure or the offense
occurred, paying a filing fee of at least $1,000 and depositing a bond of $1,500 to the
clerk of the court. Unless otherwise expressly agreed to in writing by the parties, the bond
shall be payable to the claimant if the claimant prevails in the forfeiture proceeding and
in any appeal.
(a) The complaint shall be styled, “In RE: FORFEITURE OF” (followed by the name
or description of the property). The complaint shall contain a brief jurisdictional
statement, a description of the subject matter of the proceeding, and a statement of the
facts sufficient to state a cause of action that would support a final judgment of forfeiture.
The complaint must be accompanied by a verified supporting affidavit.
If no person entitled to notice requests an adversarial preliminary hearing, as
provided in s. 932.703(3)(a), the court, upon receipt of the complaint, shall review the
complaint and the verified supporting affidavit to determine whether there was probable
cause for the seizure. Upon a finding of probable cause, the court shall enter an order
showing the probable cause finding.
The court shall require any claimant who desires to contest
the forfeiture to file and serve upon the attorney representing the seizing agency any
responsive pleadings and affirmative defenses within 20 days after receipt of the
complaint and probable cause finding.
(a) If the property is required by law to be titled or registered, or if the owner of the
property is known in fact to the seizing agency, or if the seized property is subject to a
perfected security interest in accordance with the Uniform Commercial Code, chapter
679, the attorney for the seizing agency shall serve the forfeiture complaint as an original
service of process under the Florida Rules of Civil Procedure and other applicable law to
each person having an ownership or security interest in the property. The seizing agency
shall also publish, in accordance with chapter 50, notice of the forfeiture complaint once
each week for 2 consecutive weeks in a newspaper of general circulation, as defined in s.
165.031, in the county where the seizure occurred.
The complaint must, in addition to stating that which is required by s. 932.703(3)(a)
and (b), as appropriate, describe the property; state the county, place, and date of seizure;
state the name of the law enforcement agency holding the seized property; and state the
name of the court in which the complaint will be filed.
The seizing agency shall be obligated to make a diligent search and inquiry as to the
owner of the subject property, and if, after such diligent search and inquiry, the seizing
agency is unable to ascertain any person entitled to notice, the actual notice requirements
by mail shall not be applicable.
When the claimant and the seizing law enforcement agency
agree to settle the forfeiture action prior to the conclusion of the forfeiture proceeding,
the settlement agreement shall be reviewed, unless such review is waived by the claimant
in writing, by the court or a mediator or arbitrator agreed upon by the claimant and the
seizing law enforcement agency. If the claimant is unrepresented, the settlement
agreement must include a provision that the claimant has freely and voluntarily agreed to
enter into the settlement without benefit of counsel.
Upon proof beyond a reasonable doubt that the contraband article was being used in
violation of the Florida Contraband Forfeiture Act, the court shall order the seized
property forfeited to the seizing law enforcement agency. The final order of forfeiture by
the court shall perfect in the law enforcement agency right, title, and interest in and to
such property, subject only to the rights and interests of bona fide lienholders, and shall
relate back to the date of seizure.
(a) When the claimant prevails at the conclusion of the forfeiture proceeding, if the
seizing agency decides not to appeal, the seized property shall be released immediately to
the person entitled to possession of the property as determined by the court. Under such
circumstances, the seizing agency shall not assess any towing charges, storage fees,
administrative costs, or maintenance costs against the claimant with respect to the seized
property or the forfeiture proceeding.
When the claimant prevails at the conclusion of the forfeiture proceeding, any
decision to appeal must be made by the chief administrative official of the seizing
agency, or his or her designee. The trial court shall require the seizing agency to pay to
the claimant the reasonable loss of value of the seized property
when the claimant prevails at trial or on appeal and the seizing agency retained the seized
property during the trial or appellate process. The trial court shall also require the seizing
agency to pay to the claimant any loss of income directly attributed to the continued
seizure of incomeproducing property during the trial or appellate process. If the claimant
prevails on appeal, the seizing agency shall immediately release the seized property to the
person entitled to possession of the property as determined by the court, pay any cost as
assessed by the court, and may not assess any towing charges, storage fees,
administrative costs, or maintenance costs against the claimant with respect to the seized
property or the forfeiture proceeding.
The court shall award reasonable attorney’s fees and costs, up to a limit of $2,000, to
the claimant at the close of the adversarial preliminary hearing if the court makes a
finding of no probable cause. When the claimant prevails, at the close of forfeiture
proceedings and any appeal, the court shall award reasonable trial attorney’s fees and
costs to the claimant if the court finds that the seizing agency has not proceeded at any
stage of the proceedings in good faith or that the seizing agency’s action which
precipitated the forfeiture proceedings was a gross abuse of the agency’s discretion. The
court may order the seizing agency to pay the awarded attorney’s fees and costs from the
appropriate contraband forfeiture trust fund. Nothing in this subsection precludes any
party from electing to seek attorney’s fees and costs under chapter 57 or other applicable
law.
(a) The Department of Law Enforcement, in consultation with the Florida Sheriffs
Association and the Florida Police Chiefs Association, shall develop guidelines and
training
procedures to be used by state and local law enforcement agencies and state attorneys in
implementing the Florida Contraband Forfeiture Act. At least annually, each state or local
law enforcement agency that seizes property for the purpose of forfeiture shall review
such seizures, any settlements, and any forfeiture proceedings initiated by the law
enforcement agency to determine whether they comply with the Florida Contraband
Forfeiture Act and the guidelines adopted under this subsection. If the review suggests
deficiencies, the state or local law enforcement agency shall promptly take action to
comply with the Florida Contraband Forfeiture Act.
The determination as to whether an agency will file a civil forfeiture action is the sole
responsibility of the head of the agency or his or her designee.
The determination as to whether to seize currency must be made by supervisory
personnel. The agency’s legal counsel must be notified as soon as possible after a
determination is made.
The employment, salary, promotion, or other compensation of any law enforcement
officer may not be dependent on the ability of the officer to meet a quota for seizures.
A seizing agency shall adopt and implement written policies, procedures, and
training to ensure compliance with all applicable legal requirements regarding seizing,
maintaining, and the forfeiture of property under the Florida Contraband Forfeiture Act.
When property is seized for forfeiture, the probable cause supporting the seizure
must be promptly reviewed by supervisory personnel. The seizing agency’s legal counsel
must be notified as
soon as possible of all seizures and shall conduct a review to determine whether there is
legal sufficiency to proceed with a forfeiture action.
Each seizing agency shall adopt and implement written policies and procedures
promoting the prompt release of seized property as may be required by the act or by
agency determination when there is no legitimate basis for holding seized property. To
help ensure that property is not wrongfully held after seizure, each law enforcement
agency must adopt written policies and procedures ensuring that all asserted claims of
interest in seized property are promptly reviewed for potential validity.
The settlement of any forfeiture action must be consistent with the Florida
Contraband Forfeiture Act and the policy of the seizing agency.
Law enforcement agency personnel involved in the seizure of property for forfeiture
shall receive basic training and continuing education as required by the Florida
Contraband Forfeiture Act. Each agency shall maintain records demonstrating each law
enforcement officer’s compliance with this requirement. Among other things, the training
must address the legal aspects of forfeiture, including, but not limited to, search and
seizure and other constitutional considerations.
932.705. Law enforcement trust funds; Department of Highway
Safety and Motor Vehicles deposits.
(a) There is created the Law Enforcement Trust Fund into which the Department of
Highway Safety and Motor Vehicles may deposit revenues received as a result of
criminal proceedings
or forfeiture proceedings, other than revenues deposited into the department’s Federal
Law Enforcement Trust Fund under paragraph (b).
1. There is created the Federal Law Enforcement Trust Fund into which the
Department of Highway Safety and Motor Vehicles may deposit receipts and revenues
received as a result of federal criminal, administrative, or civil forfeiture proceedings and
receipts and revenues received from federal assetsharing programs. The trust fund is
exempt from the service charges imposed by s. 215.20.
Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance
in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of
that year and shall be available for carrying out the purposes of the trust fund.
Each trust fund listed in subsection (1) which is subject to termination pursuant to the
provisions of s. 19(f)(2), Art. III of the State Constitution shall be reviewed prior to its
scheduled termination as provided in s. 215.3206(1) and (2).
932.7055. Disposition of liens and forfeited property.
When a seizing agency obtains a final judgment granting forfeiture of real property
or personal property, it may elect to:
Retain the property for the agency’s use;
Sell the property at public auction or by sealed bid to the highest bidder, except for
real property which should be sold in a commercially reasonable manner after appraisal
by listing on the market; or
Salvage, trade, or transfer the property to any public or nonprofit organization.
Notwithstanding subsection (1), a seizing agency must destroy any image and the
medium on which the image is recorded, including, but not limited to, a photograph,
video tape, diskette, compact disc, or fixed disk made in violation of s. 810.145 when the
image and the medium on which it is recorded is no longer needed for an official
purpose. The agency may not sell or retain any image.
If the forfeited property is subject to a lien preserved by the court as provided in s.
932.703(7)(b), the agency shall:
Sell the property with the proceeds being used towards satisfaction of any liens; or
Have the lien satisfied prior to taking any action authorized by subsection (1).
The proceeds from the sale of forfeited property shall be disbursed in the following
priority:
Payment of the balance due on any lien preserved by the court in the forfeiture
proceedings.
Payment of the cost incurred by the seizing agency in connection with the storage,
maintenance, security, and forfeiture of such property.
Payment of court costs incurred in the forfeiture proceeding.
1
Notwithstanding any other provision of this subsection, and for
the 20162017 fiscal year only, the funds in a special law enforcement trust fund
established by the governing body of a municipality may be expended to reimburse the
general fund of the municipality for moneys advanced from the general fund to the
special law enforcement trust fund before October 1, 2001. This paragraph expires July 1,
2017.
(a) If the seizing agency is a county or municipal agency, the remaining proceeds
shall be deposited in a special law enforcement trust fund established by the board of
county commissioners or the governing body of the municipality. Such proceeds and
interest earned therefrom shall be used for school resource officer, crime prevention, safe
neighborhood, drug abuse education and prevention programs, or for other law
enforcement purposes, which include defraying the cost of protracted or complex
investigations, providing additional equipment or expertise, purchasing automated
external defibrillators for use in law enforcement vehicles, and providing matching funds
to obtain federal grants. The proceeds and interest may not be used to meet normal
operating expenses of the law enforcement agency.
These funds may be expended upon request by the sheriff to the board of county
commissioners or by the chief of police to the governing body of the municipality,
accompanied by a written certification that the request complies with the provisions of
this subsection, and only upon appropriation to the sheriff’s office or police department
by the board of county commissioners or the governing body of the municipality.
An agency or organization, other than the seizing agency, that wishes to receive such
funds shall apply to the sheriff or chief of police for an appropriation and its application
shall be
accompanied by a written certification that the moneys will be used for an authorized
purpose. Such requests for expenditures shall include a statement describing anticipated
recurring costs for the agency for subsequent fiscal years. An agency or organization that
receives money pursuant to this subsection shall provide an accounting for such moneys
and shall furnish the same reports as an agency of the county or municipality that
receives public funds. Such funds may be expended in accordance with the following
procedures:
Such funds may be used only for school resource officer, crime prevention, safe
neighborhood, drug abuse education, or drug prevention programs or such other law
enforcement purposes as the board of county commissioners or governing body of the
municipality deems appropriate.
Such funds shall not be a source of revenue to meet normal operating needs of the
law enforcement agency.
Any local law enforcement agency that acquires at least $15,000 pursuant to the
Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than
25 percent of such proceeds for the support or operation of any drug treatment, drug
abuse education, drug prevention, crime prevention, safe neighborhood, or school
resource officer program or programs. The local law enforcement agency has the
discretion to determine which program or programs will receive the designated proceeds.
Notwithstanding the drug abuse education, drug treatment, drug prevention, crime
prevention, safe neighborhood, or school resource officer minimum expenditures or
donations, the sheriff and the board of county commissioners or the chief of police and
the governing body of the municipality may agree to expend or donate such funds over a
period of years if the expenditure or donation of such minimum amount in any given
fiscal year would exceed the needs of the county or municipality for such program or
programs. The minimum requirement for expenditure or donation of forfeiture proceeds
established in this 2subparagraph does not preclude expenditures or donations in excess of
that amount.
If the seizing agency is a state agency, all remaining proceeds shall be deposited into
the General Revenue Fund. However, if the seizing agency is:
The Department of Law Enforcement, the proceeds accrued pursuant to the
provisions of the Florida Contraband Forfeiture Act shall be deposited into the Forfeiture
and Investigative Support Trust Fund as provided in s. 943.362 or into the department’s
Federal Law Enforcement Trust Fund as provided in s. 943.365, as applicable.
The Division of Alcoholic Beverages and Tobacco, the proceeds accrued pursuant to
the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and
Tobacco Trust Fund or into the department’s Federal Law Enforcement Trust Fund as
provided in s. 561.027, as applicable.
The Department of Highway Safety and Motor Vehicles, the proceeds accrued
pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Department
of Highway Safety and Motor Vehicles Law Enforcement Trust Fund as provided in s.
932.705(1)(a) or into the department’s Federal Law Enforcement Trust Fund as provided
in s. 932.705(1)(b), as applicable.
The Fish and Wildlife Conservation Commission, the proceeds accrued pursuant to the
provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game
Trust Fund as provided in ss. 379.338, 379.339, and 379.3395 or into the Marine Resources
Conservation Trust Fund as provided in s. 379.337.
A state attorney’s office acting within its judicial circuit, the proceeds accrued pursuant to
the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State
Attorney’s Forfeiture and Investigative Support Trust Fund to be used for the investigation of
crime and prosecution of criminals within the judicial circuit.
A school board security agency employing law enforcement officers, the proceeds
accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be
deposited into the School Board Law Enforcement Trust Fund.
One of the State University System police departments acting within the jurisdiction of
its employing state university, the proceeds accrued pursuant to the provisions of the Florida
Contraband Forfeiture Act shall be deposited into that state university’s appropriate local
account.
The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to
the Florida Contraband Forfeiture Act shall be deposited into the General Inspection Trust
Fund or into the department’s Federal Law Enforcement Trust Fund as provided in s.
570.205, as applicable.
The Department of Military Affairs, the proceeds accrued from federal forfeiture sharing
pursuant to 21 U.S.C. ss. 881(e)(1)
and (3), 18 U.S.C. s. 981(e)(2), and 19 U.S.C. s. 1616a shall be deposited into the
Armory Board Trust Fund and used for purposes authorized by such federal provisions
based on the department’s budgetary authority or into the department’s Federal Law
Enforcement Trust Fund as provided in s. 250.175, as applicable.
The Medicaid Fraud Control Unit of the Department of Legal Affairs, the proceeds
accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be
deposited into the Department of Legal Affairs Grants and Donations Trust Fund to be
used for investigation and prosecution of Medicaid fraud, abuse, neglect, and other
related cases by the Medicaid Fraud Control Unit.
The Division of Investigative and Forensic Services in the Department of Financial
Services, the proceeds accrued under the Florida Contraband Forfeiture Act shall be
deposited into the Insurance Regulatory Trust Fund to be used for the purposes of arson
suppression, arson investigation, and the funding of antiarson rewards.
The Division of Investigative and Forensic Services of the Department of Financial
Services, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be
deposited into the Insurance Regulatory Trust Fund as provided in s. 626.9893 or into the
Department of Financial Services’ Federal Law Enforcement Trust Fund as provided in s.
17.43, as applicable.
If more than one law enforcement agency is acting substantially to effect the
forfeiture, the court having jurisdiction over the forfeiture proceedings shall, upon
motion, equitably
distribute all proceeds and other property among the seizing agencies.
Upon the sale of any motor vehicle, vessel, aircraft, real property, or other property
requiring a title, the appropriate agency shall issue a title certificate to the purchaser.
Upon the request of any law enforcement agency which elects to retain titled property
after forfeiture, the appropriate state agency shall issue a title certificate for such property
to said law enforcement agency.
Neither the law enforcement agency nor the entity having budgetary control over the
law enforcement agency shall anticipate future forfeitures or proceeds therefrom in the
adoption and approval of the budget for the law enforcement agency.
932.706. Forfeiture training requirements.
932.7061. Reporting seized property for forfeiture.
Every law enforcement agency shall submit an annual
report to the Department of Law Enforcement indicating whether the agency has seized
or forfeited property under the Florida Contraband Forfeiture Act. A law enforcement
agency receiving or expending forfeited property or proceeds from the sale of forfeited
property in accordance with the Florida Contraband Forfeiture Act shall submit a
completed annual report by October 10 documenting the receipts and expenditures. The
report shall be submitted in an electronic form, maintained by the Department of Law
Enforcement in consultation with the Office of Program Policy Analysis and Government
Accountability, to the entity that has budgetary authority over such agency and to the
Department of Law Enforcement. The annual report must, at a minimum, specify the
type, approximate value, court case number, type of offense, disposition of property
received, and amount of any proceeds received or expended.
The Department of Law Enforcement shall submit an annual report to the Office of
Program Policy Analysis and Government Accountability compiling the information and
data in the annual reports submitted by the law enforcement agencies. The annual report
shall also contain a list of law enforcement agencies that have failed to meet the reporting
requirements and a summary of any action taken against the noncomplying agency by the
office of Chief Financial Officer.
The law enforcement agency and the entity having budgetary control over the law
enforcement agency may not anticipate future forfeitures or proceeds therefrom in the
adoption and approval of the budget for the law enforcement agency.
932.7062. Penalty for noncompliance with reporting
requirements.
A seizing agency that fails to comply with the reporting requirements in s. 932.7061
is subject to a civil fine of $5,000, to be determined by the Chief Financial Officer and
payable to the General Revenue Fund. However, such agency is not subject to the fine if,
within 60 days after receipt of written notification from the Department of Law
Enforcement of noncompliance with the reporting requirements of the Florida
Contraband Forfeiture Act, the agency substantially complies with those requirements.
The Department of Law Enforcement shall submit any substantial noncompliance to the
office of Chief Financial Officer, which shall be responsible for the enforcement of this
section.
State Substantive Laws (Crimes)
MiamiDade County CJIS Offense Listing
We would like to thank MiamiDade County State Attorney Katherine Fernandez
Rundle’s office for providing us with this list that includes local, county and state
criminal offenses. This list is a compilation of chargeable offenses and includes statute
numbers and subsections to assist officers in selecting the appropriate charges on arrest
forms. This list is updated on a regular basis and can be located at http://miamisao.com/
under the “publications” tab.
State Substantive Laws (Crimes)
Contents
CHAPTER 24 STATE LOTTERIES
24.116. Unlawful purchase of lottery tickets; penalty
24.117. Unlawful sale of lottery tickets; penalty
24.118. Other prohibited acts; penalties
CHAPTER 39 PROCEEDINGS RELATING TO CHILDREN
39.205. Penalties relating to reporting of child abuse, abandonment, or neglect
CHAPTER 82 FORCIBLE ENTRY AND UNLAWFUL DETAINER
82.045. Remedy for unlawful detention by a transient occupant of residential
property
CHAPTER 95 LIMITATIONS OF ACTIONS; ADVERSE POSSESSION
95.18. Real property actions; adverse possession without color of title
CHAPTER 210 TAX ON TOBACCO PRODUCTS
210.18. Penalties for tax evasion; reports by sheriffs
210.1801. Exempt cigarettes for members of recognized Indian tribes
CHAPTER 311 SEAPORT PROGRAMS AND FACILITIES
311.12. Seaport security
CHAPTER 323 WRECKER OPERATORS
323.002. County and municipal wrecker operator systems; penalties for operation
outside of system
CHAPTER 327 VESSEL SAFETY
327.02. Definitions
327.30. Collisions, accidents, and casualties
327.302. Accident report forms
327.33. Reckless or careless operation of vessel
327.34. Incapacity of operator
327.35. Boating under the influence; penalties; “designated drivers”
327.352. Tests for alcohol, chemical substances, or controlled substances; implied
consent; refusal
327.35215. Penalty for failure to submit to test
327.355. Operation of vessels by persons under 21 years of age who have
consumed alcoholic beverages
327.36. Mandatory adjudication; prohibition against accepting
plea to lesser included offense
327.38. Skiing prohibited while intoxicated or under influence of drugs
327.39. Personal watercraft regulated
327.395. Boating safety identification cards
327.4107. Vessels at risk of becoming derelict on waters of this state
327.4108. Anchoring of vessels in anchoring limitation areas
327.42. Mooring to or damaging of uniform waterway markers prohibited
327.44. Interference with navigation; relocation or removal; recovery of costs
327.45. Protection zones for springs
327.46. Boatingrestricted areas
327.461. Safety zones, security zones, regulated navigation areas, and naval vessel
protection zones; prohibited entry; penalties
327.50. Vessel safety regulations; equipment and lighting requirements
327.54. Liveries; safety regulations; penalty
327.56. Safety and marine sanitation equipment inspections; qualified
327.58. Jurisdiction
327.65. Muffling devices
327.66. Carriage of gasoline on vessels
327.70. Enforcement of this chapter and chapter 328
327.72. Penalties
327.73. Noncriminal infractions
327.74. Uniform boating citations
CHAPTER 328 VESSELS: TITLE CERTIFICATES; LIENS; REGISTRATION
328.03. Certificate of title required
328.05. Crimes relating to certificates of title to, or other indicia of ownership of,
vessels; penalties
328.07. Hull identification number required
328.13. Manufacturer’s statement of origin to be furnished
328.46. Operation of registered vessels
328.48. Vessel registration, application, certificate, number, decal, duplicate
certificate
328.52. Special manufacturers’ and dealers’ number
328.54. Federal numbering system adopted
328.56. Vessel registration number
328.58. Reciprocity of nonresident or alien vessels
328.60. Military personnel; registration; penalties
328.62. Only authorized number to be used
328.64. Change of interest and address
328.78. Crimes relating to registration decals; penalties
CHAPTER 329 AIRCRAFT: TITLE; REGISTRATION; LIENS
329.01. Recording instruments affecting civil aircraft
329.10. Aircraft registration
329.11. Aircraft identification numbers; penalties
CHAPTER 339 TRANSPORTATION FINANCE AND PLANNING
339.28. Willful and malicious damage to boundary marks, guideposts, lampposts,
etc. on transportation facility
CHAPTER 365 USE OF TELEPHONES AND FACSIMILE MACHINES
365.16. Obscene or harassing telephone calls
365.172. Emergency communications number “E911”
CHAPTER 379 FISH AND WILDLIFE CONSERVATION
379.305. Rules and regulations; penalties
379.3762. Personal possession of wildlife
noncriminal infractions; criminal penalties; suspension and forfeiture of
licenses and permits
379.4015. Nonnative and captive wildlife penalties
379.411. Intentional killing or wounding of any species designated as endangered,
threatened, or of special concern; penalties
379.412. Penalties for feeding wildlife and freshwater fish
CHAPTER 381 PUBLIC HEALTH: GENERAL PROVISIONS
381.00787. Tattooing prohibited; penalty
381.88. Emergency allergy treatment
381.986. Compassionate use of lowTHC and medical cannabis
381.987. Public records exemption for personal identifying information in the
compassionate use registry
CHAPTER 384 SEXUALLY TRANSMISSIBLE DISEASES
384.24. Unlawful acts
384.287. Screening for sexually transmissible disease
384.34. Penalties
CHAPTER 386 PARTICULAR CONDITIONS AFFECTING PUBLIC HEALTH
386.041. Nuisances injurious to health
386.051. Nuisances injurious to health, penalty
CHAPTER 390 TERMINATION OF PREGNANCIES
390.01112. Termination of pregnancies during viability
CHAPTER 394 MENTAL HEALTH
394.462. Transportation
394.463. Involuntary examination
CHAPTER 397 SUBSTANCE ABUSE SERVICES
397.677. Protective custody; circumstances justifying
397.6771. Protective custody with consent
397.6772. Protective custody without consent
397.6775. Immunity from liability
CHAPTER 403 ENVIRONMENTAL CONTROL
403.413. Florida Litter Law
CHAPTER 406 MEDICAL EXAMINERS; DISPOSITION OF HUMAN
REMAINS
406.11. Examinations, investigations, and autopsies
406.12. Duty to report; prohibited acts
CHAPTER 413 VOCATIONAL REHABILITATION
413.08. Rights and responsibilities of an individual with a disability; use of a
service animal; prohibited
discrimination in public employment, public accommodations, and housing
accommodations; penalties
CHAPTER 414 FAMILY SELFSUFFICIENCY
414.39. Fraud
CHAPTER 415 ADULT PROTECTIVE SERVICES
415.102. Definitions of terms used in ss. 415.101415.113
415.103. Central abuse hotline
415.111. Criminal penalties
CHAPTER 456 HEALTH PROFESSIONS AND OCCUPATIONS: GENERAL
PROVISIONS
456.065. Unlicensed practice of a health care profession; intent; cease and desist
notice; penalties; enforcement; citations; fees; allocation and disposition of
moneys collected
456.066. Prosecution of criminal violations
456.067. Penalty for giving false information
CHAPTER 457 ACUPUNCTURE
457.116. Prohibited acts; penalty
CHAPTER 458 MEDICAL PRACTICE
458.327. Penalty for violations
458.3475. Anesthesiologist assistants
CHAPTER 459 OSTEOPATHIC MEDICINE
459.013. Penalty for violations
459.023. Anesthesiologist assistants
CHAPTER 493 PRIVATE INVESTIGATIVE, PRIVATE SECURITY, AND
REPOSSESSION SERVICES
493.6115. Weapons and firearms
493.6120. Violations; penalty
CHAPTER 499 FLORIDA DRUG AND COSMETIC ACT
499.001. Florida Drug and Cosmetic Act; short title
499.002. Purpose, administration, and enforcement of and exemption from this part
499.003. Definitions of terms used in this part
499.005. Prohibited acts
499.0051. Criminal acts
499.0054. Advertising and labeling of drugs, devices, and cosmetics; exemptions
499.61. Definitions
499.62. License or permit required of manufacturer, distributor, dealer, or
purchaser of ether
499.64. Issuance of licenses and permits; prohibitions
499.65. Possession of ether without license or permit prohibited; confiscation and
disposal; exceptions
499.66. Maintenance of records and sales of ether by manufacturers, distributors,
and dealers; inspections
499.67. Maintenance of records by purchasers; inspections
499.68. Reports of thefts, illegal use, or illegal possession
499.69. Possession in or near residential housing prohibited; legal entitlement to
possession of premises not a defense
499.75. Penalties
499.77. Exceptions
499.78. County and municipal ordinances
CHAPTER 506 STAMPED OR MARKED CONTAINERS
AND BASKETS
506.502. Definitions
506.508. Illegal use of dairy cases, egg baskets, poultry boxes, or bakery containers
506.509. Possession of shopping carts, laundry carts, dairy cases, egg baskets,
poultry boxes, or bakery containers
506.513. Illegal use of shopping carts and laundry carts
506.514. Unlawful removal of dairy cases
506.515. Unlawful removal of egg baskets, poultry boxes, or bakery containers
506.518. Penalty
506.519. Scope of ss. 506.501506.519
509.144. Prohibited handbill distribution in a public lodging establishment;
penalties
509.151. Obtaining food or lodging with intent to defraud; penalty
509.161. Rules of evidence in prosecutions
509.162. Theft of personal property; detaining and arrest of violator; theft by
employee
CHAPTER 538 SECONDHAND DEALERS AND SECONDARY METALS
RECYCLERS 349
538.03. Definitions; applicability
538.04. Recordkeeping requirements; penalties
538.05. Inspection of records and premises of secondhand dealers
538.06. Holding period
538.07. Penalty for violation of chapter
538.08. Stolen goods; complaint for return
538.09. Registration
538.15. Certain acts and practices prohibited
538.17. Local regulation of secondhand dealers
538.18. Definitions
538.19. Records required; limitation of liability
538.20. Inspection of regulated metals property and records
538.21. Hold notice
538.22. Exemptions
538.23. Violations and penalties
538.235. Method of payment
538.24. Stolen regulated metals property; petition for return
538.25. Registration
538.26. Certain acts and practices prohibited
CHAPTER 539 PAWNBROKING
539.001. The Florida Pawnbroking Act
539.002. Applicability
539.003. Confidentiality
CHAPTER 540 COMMERCIAL DISCRIMINATION
546.10. Amusement games or machines
CHAPTER 550 PARIMUTUEL WAGERING
550.3615. Bookmaking on the grounds of a permitholder; penalties; reinstatement;
duties of track employees; penalty; exceptions
CHAPTER 552 MANUFACTURE, DISTRIBUTION, AND USE OF EXPLOSIVES
552.081. Definitions
552.091. License or permit required of manufacturer
distributor, dealer, user, or
blaster of explosives
552.101. Possession without license prohibited; exceptions
552.111. Maintenance of records and sales of explosives by manufacturer
distributors and dealers; inspections
552.112. Maintenance of records by users; inspection
552.113. Reports of thefts, illegal use, or illegal possession
552.114. Sale, labeling, and disposition of explosives; unlawful possession
552.12. Transportation of explosives without license prohibited; exceptions
552.22. Penalties
552.24. Exceptions
552.241. Limited exemptions
CHAPTER 560 MONEY SERVICES BUSINESSES
560.103. Definitions
560.125. Unlicensed activity; penalties
CHAPTER 562 BEVERAGE LAW: ENFORCEMENT
562.01. Possession of untaxed beverages
562.02. Possession of beverage not permitted to be sold under license
562.03. Storage on licensed premises
562.06. Sale only on licensed premises
562.061. Misrepresentation of beverages sold on licensed premises
562.07. Illegal transportation of beverages
562.15. Unlawful possession; unpaid taxes
562.16. Possession of beverages upon which tax is unpaid
562.18. Possession of beverage upon which federal tax unpaid
562.23. Conspiracy to violate Beverage Law; penalty
562.27. Seizure and forfeiture
562.28. Possession of beverages in fraud of Beverage Law
562.29. Raw materials and personal property; seizure and forfeiture
562.30. Possession of beverage prima facie evidence; exception
562.32. Moving or concealing beverage with intent to defraud state of tax; penalty
562.33. Beverage and personal property; seizure and forfeiture
562.34. Containers; seizure and forfeiture
562.35. Conveyance; seizure and forfeiture
562.36. Beverage on conveyance prima facie evidence; proviso
562.38. Report of seizures
562.41. Searches; penalty
control prohibited; penalties; rule of evidence
562.452. Curb service of intoxicating liquor prohibited
562.453. Curb drinking of intoxicating liquor prohibited
562.454. Vendors to be closed in time of riot
562.455. Adulterating liquor; penalty
562.48. Minors patronizing, visiting, or loitering in a dance hall
562.50. Habitual drunkards; furnishing intoxicants to, after notice
CHAPTER 588 LEGAL FENCES AND LIVESTOCK AT LARGE
588.24. Penalty
CHAPTER 603 FRUITS AND VEGETABLES
603.161. Sales certificates, work orders to accompany certain fruit
CHAPTER 713 LIENS, GENERALLY
713.68. Liens for hotels, apartment houses, roominghouses, boardinghouses, etc.
713.69. Unlawful to remove property upon which lien has accrued
CHAPTER 741 MARRIAGE; DOMESTIC VIOLENCE
741.28. Domestic violence; definitions
violence
741.29. Domestic violence; investigation of incidents; notice to victims of legal
rights and remedies; reporting
741.30. Domestic violence; injunction; powers and duties of court and clerk;
petition; notice and hearing; temporary injunction; issuance of injunction;
statewide verification system; enforcement; public records exemption
741.31. Violation of an injunction for protection against domestic violence
741.315. Recognition of foreign protection orders
CHAPTER 775 DEFINITIONS; GENERAL PENALTIES; REGISTRATION OF
CRIMINALS 406
775.012. General purposes
775.021. Rules of construction
775.08. Classes and definitions of offenses
775.081. Classifications of felonies and misdemeanors
775.084. Violent career criminals; habitual felony offenders
and habitual violent felony offenders; threetime violent felony offenders;
definitions; procedure; enhanced penalties or mandatory minimum prison
terms
775.0844. White Collar Crime Victim Protection Act
775.0845. Wearing mask while committing offense; reclassification
775.0846. Possession of bulletproof vest while committing certain offenses
775.0847. Possession or promotion of certain images of child pornography;
reclassification
775.085. Evidencing prejudice while committing offense; reclassification
775.0861. Offenses against persons on the grounds of religious institutions;
reclassification
775.0862. Sexual offenses against students by authority figures; reclassification
775.0863. Evidencing prejudice while committing offense against person with
mental or physical disability; reclassification
775.087. Possession or use of weapon; aggravated battery; felony reclassification;
minimum sentence
775.0875. Unlawful taking, possession, or use of law enforcement officer’s
firearm; crime reclassification; penalties
penalties
775.089. Restitution
775.13. Registration of convicted felons, exemptions; penalties
775.15. Time limitations; general time limitations; exceptions
775.16. Drug offenses; additional penalties
775.21. The Florida Sexual Predators Act
775.215. Residency restriction for persons convicted of certain sex offenses
775.25. Prosecutions for acts or omissions
775.261. The Florida Career Offender Registration Act
CHAPTER 776 JUSTIFIABLE USE OF FORCE
776.012. Use or threatened use of force in defense of person
776.013. Home protection; use or threatened use of deadly force; presumption of
fear of death or great bodily harm
776.031. Use or threatened use of force in defense of property
776.032. Immunity from criminal prosecution and civil action for justifiable use or
threatened use of force
776.041. Use or threatened use of force by aggressor
776.05. Law enforcement officers; use of force in making an arrest
776.051. Use or threatened use of force in resisting arrest or making an arrest or
in the execution of a legal duty;
prohibition
776.06. Deadly force by a law enforcement or correctional officer
776.07. Use of force to prevent escape
776.08. Forcible felony
776.09. Retention of records pertaining to persons found to be acting in lawful self
defense; expunction of criminal history records
CHAPTER 777 PRINCIPAL; ACCESSORY; ATTEMPT; SOLICITATION;
CONSPIRACY
777.011. Principal in first degree
777.03. Accessory after the fact
777.04. Attempts, solicitation, and conspiracy
777.201. Entrapment
CHAPTER 782 HOMICIDE
782.02. Justifiable use of deadly force
782.03. Excusable homicide
782.035. Abrogation of commonlaw rule of evidence known as “yearandaday
rule”
782.04. Murder
782.051. Attempted felony murder
782.065. Murder; law enforcement officer, correctional officer, correctional
probation officer
782.07. Manslaughter; aggravated manslaughter of an elderly person or disabled
adult; aggravated manslaughter of a child; aggravated manslaughter of an
officer, a firefighter, an emergency medical technician, or a paramedic
782.071. Vehicular homicide
782.072. Vessel homicide
782.08. Assisting selfmurder
782.081. Commercial exploitation of selfmurder
782.09. Killing of unborn child by injury to mother
782.11. Unnecessary killing to prevent unlawful act
CHAPTER 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE
784.011. Assault
784.021. Aggravated assault
784.03. Battery; felony battery
784.041. Felony battery; domestic battery by strangulation
784.045. Aggravated battery
784.046. Action by victim of repeat violence, sexual violence, or dating violence
for protective injunction; dating violence investigations, notice to victims,
and reporting; pretrial release violations; public records exemption
784.047. Penalties for violating protective injunction against violators
784.048. Stalking; definitions; penalties
784.0485. Stalking; injunction; powers and duties of court and clerk; petition;
notice and hearing; temporary injunction; issuance of injunction; statewide
verification system; enforcement
784.0487. Violation of an injunction for protection against stalking or
cyberstalking
784.049. Sexual cyberharassment
784.05. Culpable negligence
784.062. Misuse of laser lighting devices
784.078. Battery of facility employee by throwing, tossing, or expelling certain
fluids or materials
784.08. Assault or battery on persons 65 years of age or older;
reclassification of offenses; minimum sentence
784.081. Assault or battery on specified officials or employees; reclassification of
offenses
784.082. Assault or battery by a person who is being detained in a prison, jail, or
other detention facility upon visitor or other detainee; reclassification of
offenses
784.085. Battery of child by throwing, tossing, projecting, or expelling certain
fluids or materials
CHAPTER 787 KIDNAPPING; FALSE IMPRISONMENT; LURING OR
ENTICING A CHILD; CUSTODY OFFENSES
787.01. Kidnapping; kidnapping of child under age 13, aggravating circumstances
787.02. False imprisonment; false imprisonment of child under age 13, aggravating
circumstances
787.025. Luring or enticing a child
787.03. Interference with custody
787.04. Removing minors from state or concealing minors contrary to state agency
order or court order
787.06. Human trafficking
787.07. Human smuggling
787.29. Human trafficking public awareness signs
CHAPTER 790 WEAPONS AND FIREARMS
790.001. Definitions
790.01. Unlicensed carrying of concealed weapons or concealed firearms
790.015. Nonresidents who are United States citizens and hold a concealed
weapons license in another state; reciprocity
790.02. Officer to arrest without warrant and upon probable cause
790.051. Exemption from licensing requirements; law enforcement officers
790.052. Carrying concealed firearms; offduty law enforcement officers
790.053. Open carrying of weapons
790.054. Prohibited use of selfdefense weapon or device against law enforcement
officer; penalties
790.06. License to carry concealed weapon or firearm
790.061. Judges and justices; exceptions from licensure provisions
790.062. Members and veterans of United States Armed Forces; exceptions from
licensure provisions
790.0655. Purchase and delivery of handguns; mandatory waiting period;
exceptions; penalties
790.07. Persons engaged in criminal offense, having weapons
790.08. Taking possession of weapons and arms; reports; disposition; custody
790.09. Manufacturing or selling metallic knuckles
790.10. Improper exhibition of dangerous weapons or firearms
790.15. Discharging firearm in public or on residential property
790.151. Using firearm while under the influence of alcoholic beverages, chemical
substances, or controlled substances; penalties
790.153. Tests for impairment or intoxication; right to refuse
790.16. Discharging machine guns; penalty
injury to another; penalty
790.174. Safe storage of firearms required
790.175. Transfer or sale of firearms; required warnings; penalties
790.18. Sale or transfer of arms to minors by dealers
790.19. Shooting into or throwing deadly missiles into dwellings, public or private
buildings, occupied or not
occupied; vessels, aircraft, buses, railroad cars, streetcars, or other vehicles
790.22. Use of BB guns, air or gasoperated guns, or electric weapons or devices
by minor under 16; limitation; possession of firearms by minor under 18
prohibited; penalties
790.221. Possession of shortbarreled rifle, shortbarreled shotgun, or machine gun;
penalty
790.225. Ballistic selfpropelled knives; unlawful to manufacture, sell, or possess;
forfeiture; penalty
790.23. Felons and delinquents; possession of firearms, ammunition, or electric
weapons or devices unlawful
790.233. Possession of firearm or ammunition prohibited when person is subject to
an injunction against committing acts of domestic violence, stalking, or
cyberstalking; penalties
790.235. Possession of firearm or ammunition by violent career criminal unlawful;
penalty
790.24. Report of medical treatment of certain wounds; penalty for failure to report
790.25. Lawful ownership, possession, and use of firearms and other weapons
790.27. Alteration or removal of firearm serial number or possession, sale, or
delivery of firearm with serial number altered or removed prohibited;
penalties
790.29. Paramilitary training; teaching or participation prohibited
790.335. Prohibition of registration of firearms; electronic records
CHAPTER 791 SALE OF FIREWORKS
791.01. Definitions
791.013. Testing and approval of sparklers; penalties
791.02. Sale of fireworks regulated; rules and regulations
791.05. Seizure of illegal fireworks
791.055. Restrictions upon storage of sparklers
791.06. Penalties
CHAPTER 794 SEXUAL BATTERY
794.005. Legislative findings and intent as to basic charge of sexual battery
794.011. Sexual battery
794.0115. Dangerous sexual felony offender; mandatory sentencing
794.02. Commonlaw presumption relating to age abolished
794.021. Ignorance or belief as to victim’s age no defense
794.022. Rules of evidence
794.023. Sexual battery by multiple perpetrators; reclassification of offenses
794.024. Unlawful to disclose identifying information
794.027. Duty to report sexual battery; penalties
794.03. Unlawful to publish or broadcast information identifying sexual offense
victim
794.05. Unlawful sexual activity with certain minors
794.075. Sexual predators; erectile dysfunction drugs
794.08. Female genital mutilation
CHAPTER 796 PROSTITUTION
796.001. Offenses by adults involving minors; intent
796.04. Forcing, compelling, or coercing another to become a prostitute
796.05. Deriving support from the proceeds of prostitution
796.06. Renting space to be used for lewdness, assignation, or prostitution
796.07. Prohibiting prostitution and related acts
796.08. Screening for HIV and sexually transmissible diseases; providing penalties
CHAPTER 798 ADULTERY
798.02. Lewd and lascivious behavior
CHAPTER 800 LEWDNESS; INDECENT EXPOSURE
800.02. Unnatural and lascivious act
800.03. Exposure of sexual organs
800.04. Lewd or lascivious offenses committed upon or in the presence of persons
less than 16 years of age
800.09. Lewd or lascivious exhibition in the presence of an employee
CHAPTER 806 ARSON AND CRIMINAL MISCHIEF
806.01. Arson
806.031. Arson resulting in injury to another; penalty
806.10. Preventing or obstructing extinguishment of fire
806.101. False alarms of fires
806.111. Fire bombs
806.13. Criminal mischief; penalties; penalty for minor
806.14. Art works in public buildings; willful damage; unauthorized removal;
penalties
CHAPTER 810 BURGLARY AND TRESPASS
810.011. Definitions
810.02. Burglary
810.06. Possession of burglary tools
810.061. Impairing or impeding telephone or power to a
dwelling; facilitating or furthering a burglary; penalty 810.07. Prima
facie evidence of intent
810.08. Trespass in structure or conveyance
810.09. Trespass on property other than structure or conveyance
810.095. Trespass on school property with firearm or other weapon prohibited
810.097. Trespass upon grounds or facilities of a school; penalties; arrest
810.0975. School safety zones; definition; trespass prohibited; penalty
810.10. Posted land; removing notices unlawful; penalty
810.11. Placing signs adjacent to highways; penalty
810.115. Breaking or injuring fences
810.12. Unauthorized entry on land; prima facie evidence of trespass
810.14. Voyeurism prohibited; penalties
810.145. Video voyeurism
CHAPTER 812 THEFT, ROBBERY, AND RELATED CRIMES
812.012. Definitions
812.014. Theft
812.0145. Theft from persons 65 years of age or older;
reclassification of offenses
812.0147. Unlawful possession or use of a fifth wheel
812.017. Use of a fraudulently obtained or false receipt
812.019. Dealing in stolen property
812.0191. Dealing in property paid for in whole or in part by the Medicaid program
812.0195. Dealing in stolen property by use of the Internet
812.022. Evidence of theft or dealing in stolen property
812.025. Charging theft and dealing in stolen property
812.028. Defenses precluded
812.032. Supplemental fine
812.035. Civil remedies; limitation on civil and criminal actions
812.037. Construction of ss. 812.012812.037
vessel dealers, repair shops, parking lots, public garages, towing and storage
facilities
812.062. Notification to owner and law enforcement agency initiating stolen motor
vehicle report upon recovery of stolen vehicle
812.13. Robbery
812.131. Robbery by sudden snatching
812.133. Carjacking
812.135. Homeinvasion robbery
812.14. Trespass and larceny with relation to utility fixtures; theft of utility
services
812.145. Theft of copper or other nonferrous metals
812.15. Unauthorized reception of communications services; penalties
812.155. Hiring, leasing, or obtaining personal property or equipment with the
intent to defraud; failing to return hired or leased personal property or
equipment; rules of evidence
812.16. Operating chop shops; definitions; penalties; restitution; forfeiture
CHAPTER 815 COMPUTERRELATED CRIMES
815.03. Definitions
815.04. Offenses against intellectual property; public records exemption
815.06. Offenses against users of computers, computer systems, computer
networks, and electronic devices
815.061. Offenses against public utilities
815.07. This chapter not exclusive
CHAPTER 817 FRAUDULENT PRACTICES
817.011. Definition
817.02. Obtaining property by false personation
817.025. Home or private business invasion by false personation; penalties
817.034. Florida Communications Fraud Act
817.037. Fraudulent refunds
817.233. Burning to defraud the insurer
817.234. False and fraudulent insurance claims
817.2341. False or misleading statements or supporting documents; penalty
817.235. Personal property; removing or altering identification marks
817.236. False and fraudulent motor vehicle insurance application
817.2361. False or fraudulent proof of motor vehicle insurance
817.28. Fraudulent obtaining of property by gaming
817.32. Fraudulent operation of coinoperated devices
817.33. Manufacture, etc., of slugs to be used in coinoperated devices prohibited
817.355. Fraudulent creation or possession of admission ticket
817.361. Sale or transfer of multiuse tickets
817.412. Sale of used goods as new; penalty
817.413. Sale of used motor vehicle goods as new; penalty
817.414. Sale of counterfeit security signs and decals
817.481. Credit or purchases; obtaining illicitly
817.482. Possessing or transferring device for theft of telecommunications service;
concealment of destination of telecommunications service
817.4821. Cellular telephone counterfeiting offenses
817.483. Transmission or publication of information regarding schemes, devices,
means, or methods for theft of communication services
817.487. Telephone caller identification systems
817.49. False reports of commission of crimes; penalty
817.50. Fraudulently obtaining goods or services from a health care provider; false
reports of a communicable disease
817.52. Obtaining vehicles with intent to defraud, failing to return hired vehicle, or
tampering with mileage device of hired vehicle
817.53. False charges for radio and television repairs and
parts; penalty
817.535. Unlawful filing of false documents or records against real or personal
property
817.545. Mortgage fraud
817.562. Fraud involving a security interest
817.5621. Unlawful subleasing of a motor vehicle
817.568. Criminal use of personal identification information
817.5685. Unlawful possession of the personal identification information of
another person
817.569. Criminal use of a public record or public records information; providing
false information; penalties
817.58. Definitions
817.59. False statement as to financial condition or identity
817.60. Theft; obtaining credit card through fraudulent means
817.61. Fraudulent use of credit cards
817.611. Traffic in or possess counterfeit credit cards
817.612. Expired or revoked credit cards
817.62. Fraud by person authorized to provide goods or services
817.625. Use of scanning device or reencoder to defraud; penalties
817.631. Possession and transfer of creditcardmaking equipment
817.64. Receipt of money, etc., obtained by fraudulent use of credit cards
817.645. Alteration of credit card invoice; penalties
817.646. Credit card lists prohibited; penalty
817.65. Defenses not available
817.66. Presumptions
817.67. Penalties
817.68. Part II not exclusive
817.685. Credit card transaction records
CHAPTER 823 PUBLIC NUISANCES
823.02. Building bonfires
823.041. Disposal of bodies of dead animals; penalty
823.12. Smoking in elevators unlawful; penalty
823.13. Places where obscene materials are illegally kept, sold, or used declared a
public nuisance; drivein theaters, films visible from public streets or public
places
CHAPTER 825 ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY
PERSONS AND DISABLED ADULTS
825.101. Definitions
825.102. Abuse, aggravated abuse, and neglect of an elderly person or disabled
adult; penalties
825.1025. Lewd or lascivious offenses committed upon or in the presence of an
elderly person or disabled person
825.103. Exploitation of an elderly person or disabled adult; penalties
825.104. Knowledge of victim’s age
CHAPTER 826 BIGAMY; INCEST
826.01. Bigamy; punishment
826.02. Exceptions
826.03. Knowingly marrying husband or wife of another
826.04. Incest
CHAPTER 827 ABUSE OF CHILDREN
827.01. Definitions
827.03. Abuse, aggravated abuse, and neglect of a child; penalties
827.035. Newborn infants
827.04. Contributing to the delinquency or dependency of a child; penalty
827.06. Nonsupport of dependents
827.071. Sexual performance by a child; penalties
827.10. Unlawful desertion of a child
CHAPTER 828 ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE
PROTECTION
828.02. Definitions
828.05. Killing an injured or diseased domestic animal
828.073. Animals found in distress
828.08. Penalty for exposing poison
828.12. Cruelty to animals
828.122. Fighting or baiting animals; offenses; penalties
828.123. Killing dog or cat with intent of selling or giving away pelt; possession,
sale, or importation of pelt with intent of selling or giving away; penalty
828.1231. Sale of garments or items of clothing containing dog or cat fur
prohibited; sale of pelt of any dog or cat prohibited; penalty
828.125. Killing or aggravated abuse of horses or cattle; offenses; penalties
828.126. Sexual activities involving animals
water, or exercise; abandonment of animals
828.1615. Prohibiting artificial coloring and sale of certain animals
CHAPTER 831 FORGERY AND COUNTERFEITING
831.01. Forgery
831.02. Uttering forged instruments
831.031. Evidence
831.032. Offenses involving forging or counterfeiting private labels
831.033. Forging or counterfeiting private labels; destruction; forfeiture
831.08. Possessing certain forged notes, bills, checks, or drafts
831.09. Uttering forged bills, checks, drafts, or notes
831.11. Bringing into the state forged bank bills, checks, drafts, or notes
831.15. Counterfeiting coin; having 10 or more such coins in possession with
intent to utter
831.16. Having fewer than 10 counterfeit coins in possession with intent to utter
831.18. Making or possessing instruments for forging bills
831.19. Making or having instruments for counterfeiting coin
831.20. Counterfeit bills and counterfeiters’ tools to be seized
831.21. Forging or counterfeiting doctor’s certificate of
examination
831.31. Counterfeit controlled substance; sale, manufacture, delivery, or possession
with intent to sell, manufacture, or deliver
831.311. Unlawful sale, manufacture, alteration, delivery, uttering, or possession
of counterfeitresistant prescription blanks for controlled substances
CHAPTER 832 VIOLATIONS INVOLVING CHECKS AND DRAFTS
832.05. Giving worthless checks, drafts, and debit card orders; penalty; duty of
drawee; evidence; costs; complaint form
832.07. Prima facie evidence of intent; identity
832.09. Suspension of driver license after warrant or capias is issued in worthless
check case
CHAPTER 836 DEFAMATION; LIBEL; THREATENING LETTERS AND
SIMILAR OFFENSES
836.01. Punishment for libel
836.05. Threats; extortion
836.10. Written threats to kill or do bodily injury; punishment
836.11. Publications which tend to expose persons to hatred, contempt, or ridicule
prohibited
836.12. Threats
CHAPTER 837 PERJURY
837.011. Definitions
837.012. Perjury when not in an official proceeding
837.02. Perjury in official proceedings
837.021. Perjury by contradictory statements
837.05. False reports to law enforcement authorities
837.055. False information to law enforcement during investigation
837.06. False official statements
CHAPTER 838 BRIBERY; MISUSE OF PUBLIC OFFICE
838.014. Definitions
838.015. Bribery
838.016. Unlawful compensation or reward for official behavior
838.021. Corruption by threat against public servant
838.022. Official misconduct
838.12. Bribery in athletic contests
838.15. Commercial bribe receiving
838.16. Commercial bribery
838.21. Disclosure or use of confidential criminal justice information
838.22. Bid tampering
838.23. Restitution and community service
CHAPTER 839 OFFENSES BY PUBLIC OFFICERS AND EMPLOYEES
839.11. Extortion by officers of the state
839.13. Falsifying records
839.19. Failure to execute process generally
839.20. Refusal to execute criminal process
839.21. Refusal to receive prisoner
839.23. Officer taking insufficient bail
839.24. Penalty for failure to perform duty required of officer
839.26. Misuse of confidential information
CHAPTER 843 OBSTRUCTING JUSTICE
843.01. Resisting officer with violence to his or her person
843.02. Resisting officer without violence to his or her person
843.021. Unlawful possession of a concealed handcuff key
843.025. Depriving officer of means of protection or communication
843.03. Obstruction by disguised person
843.06. Neglect or refusal to aid peace officers
843.08. False personation
843.081. Prohibited use of certain lights; penalty
843.085. Unlawful use of badges or other indicia of authority
843.09. Escape through voluntary action of officer
843.10. Escape by negligence of officer
843.11. Conveying tools into jail to aid escape; forcible rescue
843.12. Aiding escape
843.13. Aiding escape of juvenile inmates of correctional institutions
843.14. Compounding felony
843.15. Failure of defendant on bail to appear
843.16. Unlawful to install or transport radio equipment using assigned frequency
of state or law enforcement officers; definitions; exceptions; penalties
843.165. Unauthorized transmissions to and interference with governmental and
associated radio frequencies prohibited; penalties; exceptions
843.167. Unlawful use of police communications; enhanced penalties
843.18. Boats; fleeing or attempting to elude a law enforcement officer
843.19. Offenses against police dogs, fire dogs, SAR dogs, or police horses
843.20. Harassment of participant of neighborhood crime watch program
prohibited; penalty; definitions
843.21. Depriving crime victim of medical care
843.22. Traveling across county lines with intent to commit a burglary
843.23. Tampering with an electronic monitoring device
CHAPTER 847 OBSCENITY
847.001. Definitions
847.002. Child pornography prosecutions
847.0137. Transmission of pornography by electronic device or equipment
prohibited; penalties
847.0138. Transmission of material harmful to minors to a minor by electronic
device or equipment prohibited; penalties
847.0139. Immunity from civil liability for reporting child pornography,
transmission of child pornography, or any image, information, or data
harmful to minors to a minor in this state
847.0141. Sexting; prohibited acts; penalties
847.0145. Selling or buying of minors; penalties
847.0147. Obscene telephone service prohibited; penalty
847.02. Confiscation of obscene material
847.03. Officer to seize obscene material
847.06. Obscene matter; transportation into state prohibited; penalty
847.07. Wholesale promotion of obscene materials; penalties
847.08. Hearings for determination of probable cause
847.09. Legislative intent
847.202. Video movie; official rating of motion picture
CHAPTER 849 GAMBLING
849.01. Keeping gambling houses, etc.
849.02. Agents or employees of keeper of gambling house
849.03. Renting house for gambling purposes
849.04. Permitting minors and persons under guardianship to gamble
849.05. Prima facie evidence
849.07. Permitting gambling on billiard or pool table by holder of license
849.08. Gambling
849.085. Certain pennyante games not crimes; restrictions
849.09. Lottery prohibited; exceptions
849.091. Chain letters, pyramid clubs, etc., declared a lottery; prohibited; penalties
849.10. Printing lottery tickets, etc., prohibited
849.11. Plays at games of chance by lot
849.14. Unlawful to bet on result of trial or contest of skill, etc.
849.141. Bowling tournaments exempted from chapter
849.15. Manufacture, sale, possession, etc., of slot machines or devices prohibited
849.16. Machines or devices which come within provisions of law defined
849.17. Confiscation of machines by arresting officer
849.23. Penalty for violations of ss. 849.15849.22
849.231. Gambling devices; manufacture, sale, purchase or
possession unlawful
849.232. Property right in gambling devices; confiscation
849.233. Penalty for violation of s. 849.231
849.235. Possession of certain gambling devices; defense
849.25. “Bookmaking” defined; penalties; exceptions
849.36. Seizure and forfeiture of property used in the violation of lottery and
gambling statutes
CHAPTER 856 DRUNKENNESS; OPEN HOUSE PARTIES; LOITERING;
PROWLING; DESERTION
856.011. Disorderly intoxication
856.015. Open house parties
856.021. Loitering or prowling; penalty
856.022. Loitering or prowling by certain offenders in close proximity to children;
penalty
856.031. Arrest without warrant
CHAPTER 859 POISONS; ADULTERATED DRUGS
859.01. Poisoning food or water
859.02. Selling certain poisons by registered pharmacists and others
859.04. Provisions concerning poisons
CHAPTER 860 OFFENSES CONCERNING AIRCRAFT, MOTOR VEHICLES,
VESSELS, AND RAILROADS
860.03. Intoxicated servant of common carrier
860.04. Riding or attempting to ride on a railroad train with intent to ride free
860.05. Unauthorized person interfering with railroad train, cars, or engines
860.065. Commercial transportation; penalty for use in commission of a felony
860.08. Interference with railroad signals prohibited; penalty
860.09. Interference with railroad track and other equipment prohibited; penalties
860.091. Violations of s. 860.05, s. 860.08, or s. 860.09 resulting in death; penalty
860.11. Injuring railroad structures; driving cattle on tracks
860.121. Crimes against railroad vehicles; penalties
860.13. Operation of aircraft while intoxicated or in careless or reckless manner;
penalty
860.14. Motor vehicle parts and accessories; records of certain purchases
860.145. Airbag Antitheft Act
860.146. Fake airbags; junkfilled airbag compartment
860.16. Aircraft piracy; penalty
860.17. Tampering with or interfering with motor vehicles or trailers
860.20. Outboard motors; identification numbers
CHAPTER 861 OFFENSES RELATED TO PUBLIC ROADS, TRANSPORT, AND
WATERS
861.01. Obstructing highway
861.011. Obstructing transportation facility
861.02. Obstructing watercourse
861.021. Obstructing channels; misdemeanor
861.08. Obstructing county and settlement roads
861.09. Certain vehicles prohibited from using hardsurfaced roads
CHAPTER 870 AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES
870.01. Affrays and riots
870.02. Unlawful assemblies
870.03. Riots and routs
870.04. Specified officers to disperse riotous assembly
870.043. Declaration of emergency
870.044. Automatic emergency measures
870.048. Violations
870.05. When killing excused
870.06. Unauthorized military organizations
CHAPTER 871 DISTURBING RELIGIOUS AND OTHER
ASSEMBLIES
871.01. Disturbing schools and religious and other assemblies
871.015. Unlawful protests
CHAPTER 872 OFFENSES CONCERNING DEAD BODIES AND GRAVES
872.02. Injuring or removing tomb or monument; disturbing contents of grave or
tomb; penalties
872.06. Abuse of a dead human body; penalty
CHAPTER 874 CRIMINAL GANG ENFORCEMENT AND PREVENTION
874.03. Definitions
874.045. Arrest and prosecution under other provisions
874.05. Causing, encouraging, soliciting, or recruiting criminal gang membership
874.08. Criminal gang activity and recruitment; forfeiture
874.10. Directing the activities of a criminal gang
874.11. Electronic communication
874.12. Identification documents; unlawful possession or creation
CHAPTER 876 CRIMINAL ANARCHY, TREASON, AND OTHER CRIMES
AGAINST PUBLIC ORDER
876.11. Public place defined
876.12. Wearing mask, hood, or other device on public way
876.13. Wearing mask, hood, or other device on public property
876.14. Wearing mask, hood, or other device on property of another
876.15. Wearing mask, hood, or other device at demonstration or meeting
876.155. Applicability; ss. 876.12876.15
876.16. Sections 876.11876.15; exemptions
876.37. Sabotage prevention law; definitions
876.38. Intentional injury to or interference with property
876.40. Attempts
876.41. Conspirators
876.43. Unlawful entry on property
876.44. Questioning and detaining suspected persons
876.52. Public mutilation of flag
CHAPTER 877 MISCELLANEOUS CRIMES
877.03. Breach of the peace; disorderly conduct
877.08. Coinoperated vending machines and parking meters; defined; prohibited
acts, penalties
877.111. Inhalation, ingestion, possession, sale, purchase, or transfer of harmful
chemical substances; penalties
877.112. Nicotine products and nicotine dispensing devices; prohibitions for
minors; penalties; civil fines; signage
requirements; preemption
877.13. Educational institutions or school boards; penalty for disruption
877.15. Failure to control or report dangerous fire
877.18. Identification card or document purporting to contain applicant’s age or
date of birth; penalties for failure to comply with requirements for sale or
issuance
CHAPTER 893 DRUG ABUSE PREVENTION AND CONTROL
893.02. Definitions
893.03. Standards and schedules
893.033. Listed chemicals
893.04. Pharmacist and practitioner
893.08. Exceptions
893.09. Enforcement
893.10. Burden of proof; photograph or video recording of evidence
893.101. Legislative findings and intent
893.105. Testing and destruction of seized substances
893.12. Contraband; seizure, forfeiture, sale
893.13. Prohibited acts; penalties
893.146. Determination of paraphernalia
893.147. Use, possession, manufacture, delivery, transportation, advertisement, or
retail sale of drug paraphernalia
893.149. Unlawful possession of listed chemical
893.1495. Retail sale of ephedrine and related compounds
893.20. Continuing criminal enterprise
CHAPTER 895 OFFENSES CONCERNING RACKETEERING AND ILLEGAL
DEBTS
895.02. Definitions
895.06. Civil investigative subpoenas; public records exemption
CHAPTER 896 OFFENSES RELATED TO FINANCIAL TRANSACTIONS
896.101. Florida Money Laundering Act; definitions; penalties; injunctions; seizure
warrants; immunity
896.104. Structuring transactions to evade reporting or registration requirements
prohibited
896.105. Penalty provisions not applicable to law enforcement
896.106. Fugitive disentitlement
CHAPTER 901 ARRESTS
903.047. Conditions of pretrial release
CHAPTER 914 WITNESSES; CRIMINAL PROCEEDINGS
914.22. Tampering with or harassing a witness, victim, or informant; penalties
914.23. Retaliating against a witness, victim, or informant
914.24. Civil action to restrain harassment of a victim or witness
CHAPTER 918 CONDUCT OF TRIAL
918.13. Tampering with or fabricating physical evidence
918.16. Sex offenses; testimony of person under age 16 or
who has an intellectual disability; testimony of victim; courtroom cleared;
exceptions
CHAPTER 934 SECURITY OF COMMUNICATIONS; SURVEILLANCE
934.03. Interception and disclosure of wire, oral, or electronic communications
prohibited
934.215. Unlawful use of a twoway communications device
934.425. Installation of tracking devices or tracking applications; exceptions;
penalties
934.43. Criminal disclosure of subpoena, order, or authorization
934.50. Searches and seizure using a drone
CHAPTER 937 MISSING PERSON INVESTIGATIONS
937.0201. Definitions
937.021. Missing child and missing adult reports
937.022. Missing Endangered Persons Information Clearinghouse
937.028. Fingerprints; missing persons
CHAPTER 944 STATE CORRECTIONAL SYSTEM
944.40. Escapes; penalty
944.47. Introduction, removal, or possession of certain articles unlawful; penalty
CHAPTER 948 PROBATION AND
COMMUNITY
CONTROL
948.08. Pretrial intervention program
CHAPTER 951 COUNTY AND MUNICIPAL PRISONERS
951.22. County detention facilities; contraband articles
951.221. Sexual misconduct between detention facility employees and inmates;
penalties
CHAPTER 1006 SUPPORT FOR LEARNING
1006.135. Hazing prohibited at schools with any of grades 6
12
1006.145. Disturbing school functions; penalty
1006.147. Bullying and harassment prohibited
CHAPTER 24
STATE LOTTERIES
24.116. Unlawful purchase of lottery tickets; penalty.
No person who is less than 18 years of age may purchase a lottery ticket; however,
this shall not prohibit the purchase of a lottery ticket for the purpose of making a gift to a
minor.
No officer or employee of the department or any relative living in the same
household with such officer or employee may purchase a lottery ticket.
No officer or employee of any vendor under contract with the department for a major
procurement, relative living in the same household with such officer or employee, or
immediate supervisor of such officer or employee may purchase a lottery ticket if the
officer or employee is involved in the direct provision of goods or services to the
department or has access to information made confidential by the department.
Any person who violates this section is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
24.117. Unlawful sale of lottery tickets; penalty.
Any person who knowingly:
Sells a state lottery ticket when not authorized by the department or this act to engage
in such sale;
Sells a state lottery ticket to a minor; or
Sells a state lottery ticket at any price other than that
established by the department;
is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083.
24.118. Other prohibited acts; penalties.
ticket to another to present for payment;
With intent to defraud, falsely makes, alters, forges, passes, or counterfeits a state
lottery ticket; or
Files with the department a claim for payment based upon facts alleged by the
claimant which facts are untrue and known by the claimant to be untrue when the claim is
made;
is guilty of a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
BREACH OF CONFIDENTIALITY.—Any person who, with intent to defraud or
with intent to provide a financial or other advantage to himself, herself, or another,
knowingly and willfully discloses any information relating to the lottery designated as
confidential and exempt from the provisions of s. 119.07(1) pursuant to this act is guilty
of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
UNLAWFUL REPRESENTATION.—
Any person who uses pointofsale materials issued by the department or otherwise
holds himself or herself out as a retailer without being authorized by the department to
act as a retailer is guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
Any person who without being authorized by the department in writing uses the term
“Florida Lottery,” “State Lottery,” “Florida State Lottery,” or any similar term in the title
or name of any charitable or commercial enterprise, product, or service is guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
CHAPTER 39
PROCEEDINGS RELATING TO CHILDREN
39.205. Penalties relating to reporting of child abuse, abandonment,
or neglect.
A person who is required to report known or suspected child abuse, abandonment, or
neglect and who knowingly and willfully fails to do so, or who knowingly and willfully
prevents another person from doing so, commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084. A judge subject to discipline
pursuant to s. 12, Art. V of
the Florida Constitution shall not be subject to criminal
prosecution when the information was received in the course of official duties.
Unless the court finds that the person is a victim of domestic violence or that other
mitigating circumstances exist, a person who is 18 years of age or older and lives in the
same house or living unit as a child who is known or suspected to be a victim of child
abuse, neglect of a child, or aggravated child abuse, and knowingly and willfully fails to
report the child abuse commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Any Florida College System institution, state university, or nonpublic college,
university, or school, as defined in s. 1000.21 or s. 1005.02, whose administrators
knowingly and willfully, upon receiving information from faculty, staff, or other
institution employees, fail to report known or suspected child abuse, abandonment, or
neglect committed on the property of the university, college, or school, or during an event
or function
sponsored by the university, college, or school, or who knowingly and willfully prevent
another person from doing so, shall be subject to fines of $1 million for each such failure.
A Florida College System institution subject to a fine shall be assessed by the State
Board of Education.
A state university subject to a fine shall be assessed by the Board of Governors.
A nonpublic college, university, or school subject to a fine shall be assessed by the
Commission for Independent Education.
Any Florida College System institution, state university, or nonpublic college,
university, or school, as defined in s. 1000.21 or s. 1005.02, whose law enforcement
agency fails to report known or suspected child abuse, abandonment, or neglect
committed on the property of the university, college, or school, or during an event or
function sponsored by the university, college, or school, shall be subject to fines of $1
million for each such failure assessed in the same manner as subsection (3).
Any Florida College System institution, state university, or nonpublic college,
university, or school, as defined in s. 1000.21 or s. 1005.02, shall have the right to
challenge the determination that the institution acted knowingly and willfully under
subsection
or subsection (4) in an administrative hearing pursuant to s.
120.57; however, if it is found that actual knowledge and information of known or
suspected child abuse was in fact received by the institution’s administrators and was not
reported, a presumption of a knowing and willful act will be established.
A person who knowingly and willfully makes public or
discloses any confidential information contained in the central abuse hotline or in the
records of any child abuse, abandonment, or neglect case, except as provided in this
chapter, commits a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
The department shall establish procedures for determining whether a false report of
child abuse, abandonment, or neglect has been made and for submitting all identifying
information relating to such a report to the appropriate law enforcement agency and shall
report annually to the Legislature the number of reports referred.
If the department or its authorized agent has determined during the course of its
investigation that a report is a false report, the department may discontinue all
investigative activities and shall, with the consent of the alleged perpetrator, refer the
report to the local law enforcement agency having jurisdiction for an investigation to
determine whether sufficient evidence exists to refer the case for prosecution for filing a
false report as defined in s. 39.01. During the pendency of the investigation, the
department must notify the local law enforcement agency of, and the local law
enforcement agency must respond to, all subsequent reports concerning children in that
same family in accordance with s. 39.301. If the law enforcement agency believes that
there are indicators of abuse, abandonment, or neglect, it must immediately notify the
department, which must ensure the safety of the children. If the law enforcement agency
finds sufficient evidence for prosecution for filing a false report, it must refer the case to
the appropriate state attorney for prosecution.
A person who knowingly and willfully makes a false report
of child abuse, abandonment, or neglect, or who advises another to make a false report, is
guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
Anyone making a report who is acting in good faith is immune from any liability under
this subsection.
The State Board of Education shall adopt rules to implement this section as it relates
to Florida College System institutions; the Commission for Independent Education shall
adopt rules to implement this section as it relates to nonpublic colleges, universities, and
schools; and the Board of Governors shall adopt regulations to implement this section as
it relates to state universities.
CHAPTER 82
FORCIBLE ENTRY AND UNLAWFUL DETAINER
82.045. Remedy for unlawful detention by a transient occupant of
residential property.
As used in this section, the term “transient occupant” means a person whose
residency in a dwelling intended for residential use has occurred for a brief length of
time, is not pursuant to a lease, and whose occupancy was intended as transient in nature.
Factors that establish that a person is a transient occupant include, but are not limited
to:
The person does not have an ownership interest, financial interest, or leasehold
interest in the property entitling him or her to occupancy of the property.
The person does not have any property utility subscriptions.
The person does not use the property address as an address of record with any
governmental agency, including, but not limited to, the Department of Highway Safety
and Motor Vehicles or the supervisor of elections.
The person does not receive mail at the property.
The person pays minimal or no rent for his or her stay at the property.
The person does not have a designated space of his or her own, such as a room, at the
property.
The person has minimal, if any, personal belongings at the property.
8. The person has an apparent permanent residence elsewhere.
Minor contributions made for the purchase of household goods, or minor contributions
towards other household expenses, do not establish residency.
A transient occupant unlawfully detains a residential property if the transient occupant
remains in occupancy of the residential property after the party entitled to possession of the
property has directed the transient occupant to leave.
Any law enforcement officer may, upon receipt of a sworn affidavit of the party entitled
to possession that a person who is a transient occupant is unlawfully detaining residential
property, direct a transient occupant to surrender possession of residential property. The
sworn affidavit must set forth the facts, including the applicable factors listed in paragraph (1)
(a), which establish that a transient occupant is unlawfully detaining residential property.
A person who fails to comply with the direction of the law enforcement officer to
surrender possession or occupancy violates s. 810.08. In any prosecution of a violation of s.
810.08 related to this section, whether the defendant was properly classified as a transient
occupant is not an element of the offense, the state is not required to prove that the defendant
was in fact a transient occupant, and the defendant’s status as a permanent resident is not an
affirmative defense.
A person wrongfully removed pursuant to this subsection has a cause of action for
wrongful removal against the person who requested the removal, and may recover injunctive
relief and compensatory damages. However, a wrongfully removed person
does not have a cause of action against the law enforcement officer or the agency
employing the law enforcement officer absent a showing of bad faith by the law
enforcement officer.
A party entitled to possession of a dwelling has a cause of action for unlawful
detainer against a transient occupant pursuant to s. 82.04. The party entitled to possession
is not required to notify the transient occupant before filing the action. If the court finds
that the defendant is not a transient occupant but is instead a tenant of residential property
governed by part II of chapter 83, the court may not dismiss the action without first
allowing the plaintiff to give the transient occupant the notice required by that part and to
thereafter amend the complaint to pursue eviction under that part.
CHAPTER 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION
95.18. Real property actions; adverse possession without color of title.
When the possessor has been in actual continued possession of real property for 7
years under a claim of title exclusive of any other right, but not founded on a written
instrument, judgment, or decree, or when those under whom the possessor claims meet
these criteria, the property actually possessed is held adversely if the person claiming
adverse possession:
Paid, subject to s. 197.3335, all outstanding taxes and matured installments of special
improvement liens levied against the property by the state, county, and municipality
within 1 year after entering into possession;
Made a return, as required under subsection (3), of the property by proper legal
description to the property appraiser of the county where it is located within 30 days after
complying with paragraph (a); and
Has subsequently paid, subject to s. 197.3335, all taxes and matured installments of
special improvement liens levied against the property by the state, county, and
municipality for all remaining years necessary to establish a claim of adverse possession.
For the purpose of this section, property is deemed to be possessed if the property has
been:
(a) Protected by substantial enclosure; or
(b) Cultivated, maintained, or improved in a usual manner.
A person claiming adverse possession under this section must make a return of the
property by providing to the property appraiser a uniform return on a form provided by
the Department of Revenue. The return must include all of the following:
The name and address of the person claiming adverse possession.
The date that the person claiming adverse possession entered into possession of the
property.
A full and complete legal description of the property that is subject to the adverse
possession claim.
A notarized attestation clause that states:
Dates of payment by the possessor of all outstanding taxes and matured installments
of special improvement liens levied against the property by the state, county, or
municipality under paragraph (1)(a).
The following notice provision at the top of the first page, printed in at least 12point
uppercase and boldfaced type:
THIS RETURN DOES NOT CREATE ANY INTEREST ENFORCEABLE BY
LAW IN THE DESCRIBED PROPERTY.
The property appraiser shall refuse to accept a return if it does not comply with this
subsection. The executive director of the Department of Revenue is authorized, and all
conditions are deemed met, to adopt emergency rules under ss. 120.536(1) and 120.54(4)
for the purpose of implementing this subsection. The emergency rules shall remain in
effect for 6 months after adoption and may be renewed during the pendency of
procedures to adopt rules addressing the subject of the emergency rules.
Upon the submission of a return, the property appraiser
shall:
Send, via regular mail, a copy of the return to the owner of record of the property that
is subject to the adverse possession claim, as identified by the property appraiser’s
records.
Inform the owner of record that, under s. 197.3335, any tax payment made by the
owner of record before April 1 following the year in which the tax is assessed will have
priority over any tax payment made by an adverse possessor.
Add a notation at the beginning of the first line of the legal description on the tax roll
that an adverse possession claim has been submitted.
Maintain the return in the property appraiser’s records.
(a) If a person makes a claim of adverse possession under
this section against a portion of a parcel of property identified by a unique parcel
identification number in the property appraiser’s records:
The person claiming adverse possession shall include in the return submitted under
subsection (3) a full and complete legal description of the property sufficient to enable
the property appraiser to identify the portion of the property subject to the adverse
possession claim.
The property appraiser may refuse to accept the return if the portion of the property
subject to the claim cannot be identified by the legal description provided in the return,
and the person claiming adverse possession must obtain a survey of the portion of the
property subject to the claim in order to submit the return.
Upon submission of the return, the property appraiser shall follow the procedures
under subsection (4), and may not create a unique parcel identification number for the
portion of property subject to the claim.
The property appraiser shall assign a fair and just value to the portion of the property,
as provided in s. 193.011, and provide this value to the tax collector to facilitate tax
payment under s. 197.3335(3).
(a) If a person makes a claim of adverse possession under this section against
property to which the property appraiser has not assigned a parcel identification number:
The person claiming adverse possession must include in the return submitted under
subsection (3) a full and complete legal description of the property which is sufficient to
enable the
property appraiser to identify the property subject to the adverse possession claim.
The property appraiser may refuse to accept a return if the property subject to the
claim cannot be identified by the legal description provided in the return, and the person
claiming adverse possession must obtain a survey of the property subject to the claim in
order to submit the return.
(b) Upon submission of the return, the property appraiser shall:
Assign a parcel identification number to the property and assign a fair and just value
to the property as provided in s. 193.011;
Add a notation at the beginning of the first line of the legal description on the tax roll
that an adverse possession claim has been submitted; and
Maintain the return in the property appraiser’s records.
A property appraiser must remove the notation to the legal description on the tax roll
that an adverse possession claim has been submitted and shall remove the return from the
property appraiser’s records if:
The person claiming adverse possession notifies the property appraiser in writing that
the adverse possession claim is withdrawn;
The owner of record provides a certified copy of a court order, entered after the date
the return was submitted to the property appraiser, establishing title in the owner of
record;
The property appraiser receives a certified copy of a
recorded deed, filed after the date of the submission of the return, from the person
claiming adverse possession to the owner of record transferring title of property along
with a legal description describing the same property subject to the adverse possession
claim; or
The owner of record or the tax collector provides to the property appraiser a receipt
demonstrating that the owner of record has paid the annual tax assessment for the
property subject to the adverse possession claim during the period that the person is
claiming adverse possession.
The property appraiser shall include a clear and obvious notation in the legal
description of the parcel information of any public searchable property database
maintained by the property appraiser that an adverse possession return has been
submitted to the property appraiser for a particular parcel.
A person who occupies or attempts to occupy a residential structure solely by claim
of adverse possession under this section prior to making a return as required under
subsection (3), commits trespass under s. 810.08.
A person who occupies or attempts to occupy a residential structure solely by claim
of adverse possession under this section and offers the property for lease to another
commits theft under s. 812.014.
CHAPTER 210
TAX ON TOBACCO PRODUCTS
210.18. Penalties for tax evasion; reports by sheriffs.
Any person who possesses or transports any unstamped packages of cigarettes upon
the public highways, roads, or streets in the state for the purpose of sale; or who sells or
offers for sale unstamped packages of cigarettes in violation of the provisions of this part;
or who willfully attempts in any manner to evade or defeat any tax imposed by this part,
or the payment thereof, is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083. Any person who has been convicted of a violation
of any provision of the cigarette tax law and who is thereafter convicted of a further
violation of the cigarette tax law is, upon conviction of such further offense, guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Except as otherwise provided in this section, any person who fails, neglects, or
refuses to comply with, or violates the provisions of, this part or the rules adopted by the
division under this part commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083. Any person who has been convicted of a violation
of any provision of the cigarette tax law and who is thereafter convicted of a further
violation of the cigarette tax law is, upon conviction of such further offense, guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who falsely or fraudulently makes, forges, alters, or counterfeits any
stamp prescribed by the division under
the provisions of this part; or causes or procures to be falsely or fraudulently made,
forged, altered, or counterfeited any such stamp; or knowingly and willfully utters,
purchases, passes or tenders as true any such false, altered, or counterfeited stamp; or,
with the intent to defraud the state, fails to comply with any other requirement of this part
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(a) Any person or corporation that owns or is in possession of any cigarettes upon
which a tax is imposed by the cigarette law, or would be imposed if such cigarettes were
manufactured in or brought into this state in accordance with the regulatory provisions of
the cigarette law, and upon which such tax has not been paid is, in addition to the fines
and penalties otherwise provided in the cigarette law, personally liable for the amount of
the tax imposed on such cigarettes; and the division may collect such tax from such
person or corporation by suit or by restitution if the taxpayer is convicted, found guilty,
or pleads nolo contendere or guilty to any crime under this chapter. This paragraph is
applicable even if adjudication is withheld.
This subsection does not apply to a manufacturer or distributor licensed under the
cigarette law, to a state bonded warehouse, or to a person possessing not in excess of
three cartons of such cigarettes, which cigarettes were purchased by such possessor
outside the state in accordance with the laws of the place where purchased and brought
into this state by such possessor. The burden of proof that such cigarettes were purchased
outside the state and in accordance with the laws of the place where purchased shall in all
cases be upon the possessor of such cigarettes.
(a) All cigarettes on which taxes are imposed by the cigarette law, or would be
imposed if such cigarettes were manufactured in or brought into this state in accordance
with the regulatory provisions of such law, which are found in the possession or custody
or within the control of any person for the purpose of being sold or removed by him or
her in fraud of the cigarette law or with design to evade payment of such taxes may be
seized by the division or any supervisor, sheriff, deputy sheriff, or other law enforcement
agent and shall be forfeited to the state.
This subsection does not apply to a person possessing not in excess of three cartons
of cigarettes, which cigarettes were purchased by such possessor outside the state in
accordance with the laws of the place where purchased and brought into this state by such
possessor.
(a) Every person, firm, or corporation, other than a licensee under the provisions of
this part, who possesses, removes, deposits, or conceals, or aids in the possessing,
removing, depositing, or concealing of, any unstamped cigarettes is presumed to have
knowledge that they have not been taxed and commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
This section does not apply to a person possessing not in excess of three cartons of
such cigarettes purchased by such possessor outside the state in accordance with the laws
of the place where purchased and brought into this state by such possessor. The burden of
proof that such cigarettes were purchased outside the state and in accordance with the
laws of the place where purchased shall in all cases be upon the possessor of such
cigarettes.
Any sheriff, deputy sheriff, police officer, or state law enforcement officer, upon the
seizure of any unstamped cigarettes under this section, shall promptly report such seizure
to the division or its representative, together with a description of all such unstamped
cigarettes seized, so that the state may be kept informed as to the size and magnitude of
the illicit cigarette business. The division shall keep records showing the number of
seizures and seized cigarettes reported to, or seized by, the division.
(a) It is unlawful for any person to conspire with any other person or persons to do
any act in violation of the provisions of this part, when any one or more of such persons
does or commits any act to effect the object of the conspiracy.
(b) Any person who violates the provisions of this subsection:
A person who holds a permit, other than a retail permit, under the provisions of this
chapter and who violates this subsection commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084, and is subject to the imposition of
fines and additional penalties as follows:
1.2. [Intentionally omitted.]
For purposes of this subsection, any counterfeit cigarettes seized by the division shall
be destroyed.
The division shall create a tollfree number for reporting violations of this part. Upon
a determination that a violation has occurred, the informant who provided the information
that led to the determination shall be paid a reward of up to 50 percent of the fine levied
and paid under this section. A notice must be conspicuously displayed in every location
where cigarettes are sold which contains the following provision in conspicuous type:
“ NOTICE TO CUSTOMER: FLORIDA LAW PROHIBITS THE POSSESSION OR
SALE OF UNSTAMPED CIGARETTES. REPORT VIOLATIONS TO (TOLLFREE
NUMBER). YOU MAY BE ELIGIBLE FOR A CASH REWARD.” This notice must be
provided at the expense of the retail dealer.
210.1801. Exempt cigarettes for members of recognized
Indian tribes.
Notwithstanding any provision of this chapter to the contrary, a member of an Indian
tribe recognized in this state who purchases cigarettes on an Indian reservation for his or
her own use is exempt from paying a cigarette tax and surcharge. However, such member
purchasing cigarettes outside of an Indian reservation or a nontribal member purchasing
cigarettes on an Indian reservation is not exempt from paying the cigarette tax or
surcharge when purchasing cigarettes within this state. Accordingly, the tax and
surcharge shall apply to all cigarettes sold on an Indian reservation to a nontribal
member, and evidence of such tax or surcharge shall be by means of an affixed cigarette
tax and surcharge stamp.
In order to ensure an adequate quantity of cigarettes on Indian reservations which
may be purchased by tribal members who are exempt from the cigarette tax and
surcharge, the division shall provide recognized Indian tribes within this state with
Indiantaxandsurchargeexemption coupons as set forth in this section. A reservation
cigarette seller shall present such Indiantaxandsurchargeexemption coupons to a
wholesale dealer licensed in this state in order to purchase stamped cigarettes that are
exempt from the imposition of the cigarette tax and surcharge. A tribal member may
purchase cigarettes that are exempt from the cigarette tax and surcharge from a
reservation cigarette seller even though such cigarettes have an affixed cigarette taxand
surcharge stamp.
(a) An Indian tribe may purchase cigarettes for its own official use from a wholesale
dealer without payment of the cigarette tax and surcharge to the extent that the Indian tribe
provides the wholesale dealer with Indiantaxandsurchargeexemption coupons entitling the
Indian tribe to purchase such quantities of cigarettes as allowed by each Indiantaxand
surchargeexemption coupon without paying the cigarette tax and surcharge.
A tribal member may purchase cigarettes for his or her own use without payment of the
cigarette tax and surcharge if the tribal member makes such purchase on a qualified
reservation.
A reservation cigarette seller may purchase cigarettes for resale without payment of the
cigarette tax from a wholesale dealer licensed pursuant to this chapter:
If the reservation cigarette seller brings the cigarettes or causes them to be delivered onto
a qualified reservation for resale on the reservation;
To the extent that the reservation cigarette seller provides the wholesale dealer with
Indiantaxandsurchargeexemption coupons entitling the reservation cigarette seller to
purchase such quantities of cigarettes as allowed on each Indiantaxandsurcharge
exemption coupon without paying the cigarette tax and surcharge; and
If the cigarettes are affixed with a cigarette tax and surcharge stamp.
A wholesale dealer may not collect the cigarette tax and
surcharge from any purchaser if the purchaser gives the dealer Indiantaxandsurcharge
exemption coupons that entitle the purchaser to purchase such quantities of cigarettes as
allowed on each such Indiantaxandsurchargeexemption coupon without paying the
cigarette tax and surcharge.
A wholesale dealer who has one or more Indiantaxandsurchargeexemption
coupons may file a claim for a refund with respect to any cigarette tax previously paid on
cigarettes that the wholesale dealer sold without collecting the tax because the dealer
accepted an Indiantaxandsurchargeexemption coupon from a purchaser pursuant to
this section.
If an Indian tribe enters into an agreement with the state and the Legislature approves
such agreement regarding the sale and distribution of cigarettes on the tribe’s reservation,
the terms of the agreement take precedence over the provisions of this section and exempt
the tribe from the tax and surcharge if the tax and surcharge are specifically addressed in
the agreement. The sale or distribution, including transportation, of any cigarettes to the
tribe’s reservation shall be in accordance with the provisions of the agreement. The
agreement must provide for revenue sharing between the tribe and the state relating to the
imposition and collection of the taxes imposed by ss. 210.02 and 210.30 and the
surcharges imposed by ss. 210.011 and 210.276 and must, at a minimum, provide for the
state to receive as revenue sharing from the tribe the full amounts of the surcharges
imposed by ss. 210.011 and 210.276.
CHAPTER 311
SEAPORT PROGRAMS AND FACILITIES
311.12. Seaport security.
(1) SECURITY STANDARDS.—
A seaport may implement security measures that are more stringent, more extensive,
or supplemental to the applicable federal security regulations, including federal facility
security assessment requirements under 33 C.F.R. s. 105.305.
The provisions of s. 790.251 are not superseded, preempted, or otherwise modified in
any way by the provisions of this section.
(2) SECURITY PLAN.—
Each seaport listed in s. 311.09 shall adopt and maintain a security plan specific to
that seaport which provides for a secure seaport infrastructure that promotes the safety
and security of state residents and visitors and the flow of legitimate trade and travel.
Each seaport shall periodically revise the seaport’s security plan based on the
seaport’s ongoing assessment of security risks, the risks of terrorist activities, and the
specific and identifiable needs of the seaport for ensuring that the seaport is in substantial
compliance with applicable federal security regulations, including federal facility security
assessment requirements under 33 C.F.R. s. 105.305.
SECURE AND RESTRICTED AREAS.—Each seaport listed in s. 311.09 must
clearly designate in seaport security plans,
and clearly identify with appropriate signs and markers on the premises of a seaport, all
secure and restricted areas as defined by 33 C.F.R. part 105.
1. All seaport employees and other persons working at the seaport who have regular
access to secure or restricted areas must comply with federal access control regulations as
prescribed in this section.
All persons and objects in secure and restricted areas are subject to search by a sworn
statecertified law enforcement officer, a Class D seaport security officer certified under
Maritime Transportation Security Act of 2002 guidelines, or an employee of the seaport
security force certified under the Maritime Transportation Security Act of 2002
guidelines.
Persons found in these areas without the proper permission are subject to the trespass
provisions of ss. 810.08 and 810.09.
The seaport must provide clear notice of the prohibition against possession of
concealed weapons and other contraband material on the premises of the seaport. Any
person in a restricted area who has in his or her possession a concealed weapon, or who
operates or has possession or control of a vehicle in or upon which a concealed weapon is
placed or stored, commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083. This paragraph does not apply to activeduty certified federal or
state law enforcement personnel or persons so designated by the seaport director in
writing.
During a period of high terrorist threat level, as designated by the United States
Department of Homeland Security, the management or controlling authority of the port
may temporarily
designate any part of the seaport property as a secure or restricted area. The duration of
such designation is limited to the period in which the high terrorist threat level is in effect
or a port emergency exists.
(4) ACCESS TO SECURE AND RESTRICTED AREAS.—
Any person seeking authorization for unescorted access to secure and restricted areas
of a seaport must possess a valid federal Transportation Worker Identification Credential
(TWIC).
A seaport may not charge a fee for the administration or production of any access
control credential that requires or is associated with a fingerprintbased background
check, in addition to the fee for the federal TWIC. Beginning July 1, 2013, a seaport may
not charge a fee for a seaportspecific access credential issued in addition to the federal
TWIC, except under the following circumstances:
The individual seeking to gain secured access is a new hire as defined under 33
C.F.R. part 105; or
The individual has lost or misplaced his or her federal TWIC.
(5) ADVISORY COMMITTEE.—
There is created the Seaport Security Advisory Committee, which shall be under the
direction of the Florida Seaport Transportation and Economic Development Council.
The committee shall consist of the following members:
Five or more port security directors appointed by the council chair shall serve as
voting members. The council chair shall
designate one member of the committee to serve as committee chair.
A designee from the United States Coast Guard shall serve ex officio as a nonvoting
member.
A designee from United States Customs and Border Protection shall serve ex officio
as a nonvoting member.
Two representatives from local law enforcement agencies providing security services
at a Florida seaport shall serve ex officio as nonvoting members.
The committee shall meet at the call of the chair but at least annually. A majority of
the voting members constitutes a quorum for the purpose of transacting business of the
committee, and a vote of the majority of the voting members present is required for
official action by the committee.
The committee shall provide a forum for discussion of seaport security issues,
including, but not limited to, matters such as national and state security strategy and
policy, actions required to meet current and future security threats, statewide cooperation
on security issues, and security concerns of the state’s maritime industry.
(6) GRANT PROGRAM.—
323.002. County and municipal wrecker operator systems; penalties for
operation outside of system.
(1) As used in this section, the term:
“Authorized wrecker operator” means any wrecker operator who has been designated
as part of the wrecker operator system established by the governmental unit having
jurisdiction over the scene of a wrecked or disabled vehicle.
“Unauthorized wrecker operator” means any wrecker operator who has not been
designated as part of the wrecker operator system established by the governmental unit
having jurisdiction over the scene of a wrecked or disabled vehicle.
“Wrecker operator system” means a system for the towing or removal of wrecked,
disabled, or abandoned vehicles, similar to the Florida Highway Patrol wrecker operator
system described in s. 321.051(2), under which a county or municipality contracts with
one or more wrecker operators for the towing or removal of wrecked, disabled, or
abandoned vehicles from accident scenes, streets, or highways. A wrecker operator
system shall include using a method for apportioning the towing assignments among the
eligible wrecker operators through the creation of geographic zones, a rotation schedule,
or a combination of these methods.
In any county or municipality that operates a wrecker operator system:
It is unlawful for an unauthorized wrecker operator or its
employees or agents to monitor police radio for communications between patrol field
units and the dispatcher in order to determine the location of a wrecked or disabled
vehicle for the purpose of driving by the scene of such vehicle in a manner described in
paragraph (b) or paragraph (c). Any person who violates this paragraph commits a
noncriminal violation, punishable as provided in s. 775.083, and the person’s wrecker,
tow truck, or other motor vehicle that was used during the offense may be immediately
removed and impounded pursuant to subsection (3).
It is unlawful for an unauthorized wrecker operator to drive by the scene of a
wrecked or disabled vehicle before the arrival of an authorized wrecker operator, initiate
contact with the owner or operator of such vehicle by soliciting or offering towing
services, and tow such vehicle. Any person who violates this paragraph commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083,
and the person’s wrecker, tow truck, or other motor vehicle that was used during the
offense may be immediately removed and impounded pursuant to subsection (3).
When an unauthorized wrecker operator drives by the scene of a wrecked or disabled
vehicle and the owner or operator initiates contact by signaling the wrecker operator to
stop and provide towing services, the unauthorized wrecker operator must disclose in
writing to the owner or operator of the vehicle his or her full name and driver license
number, that he or she is not the authorized wrecker operator who has been designated as
part of the wrecker operator system, that the motor vehicle is not being towed for the
owner’s or operator’s insurance company or lienholder, whether he or she has in effect an
insurance policy
providing at least $300,000 of liability insurance and at least $50,000 of onhook cargo
insurance, and the maximum charges for towing and storage which will apply before the
vehicle is connected to the towing apparatus. The unauthorized wrecker operator must
also provide a copy of the disclosure to the owner or operator in the presence of a law
enforcement officer if such officer is at the scene of a motor vehicle accident. Any person
who violates this paragraph commits a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083, and the person’s wrecker, tow truck, or other motor
vehicle that was used during the offense may be immediately removed and impounded
pursuant to subsection (3).
At the scene of a wrecked or disabled vehicle, it is unlawful for a wrecker operator to
falsely identify himself or herself as being part of the wrecker operator system. Any
person who violates this paragraph commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083, and the person’s wrecker, tow truck,
or other motor vehicle that was used during the offense may be immediately removed and
impounded pursuant to subsection (3).
(a) A law enforcement officer from any local governmental agency or state law
enforcement agency may cause to be immediately removed and impounded from the
scene of a wrecked or disabled vehicle, at the unauthorized wrecker operator’s expense,
any wrecker, tow truck, or other motor vehicle that is used in violation of any provision
of subsection (2). The impounded wrecker, tow truck, or other motor vehicle must be
stored at an authorized law enforcement impound yard. The unauthorized wrecker
operator shall be assessed a cost recovery
fine as provided in paragraph (b) by the authority that ordered the immediate removal and
impoundment of the wrecker, tow truck, or other motor vehicle. A wrecker, tow truck, or
other motor vehicle that is removed and impounded pursuant to this section may not be
released from an impound or towing and storage facility before a release form is
completed by the authority that ordered the immediate removal and impoundment of the
wrecker, tow truck, or other motor vehicle which verifies that the cost recovery fine has
been paid to the authority. The vehicle must remain impounded until the fine is paid or
until the vehicle is sold at public sale pursuant to s. 713.78.
Notwithstanding any other provision of law, the unauthorized wrecker operator, upon
retrieval of the wrecker, tow truck, or other motor vehicle removed or impounded
pursuant to this section, and in addition to any other penalties that may be imposed for
noncriminal violations, shall pay a cost recovery fine of $500 for a first violation of
subsection (2), or a fine of $1,000 for each subsequent violation of subsection (2), to the
authority that ordered the immediate removal and impoundment of the wrecker, tow
truck, or other motor vehicle. Cost recovery funds collected under this subsection shall be
retained by the authority that ordered the removal and impoundment of the wrecker, tow
truck, or other motor vehicle and may be used only for the enforcement, investigation,
prosecution, and training related to towing violations and crimes involving motor
vehicles.
Notwithstanding any other provision of law and in addition to the cost recovery fine
required by this subsection, a person who violates any provision of subsection (2) shall
pay the fees associated with the removal and storage of the unauthorized
wrecker, tow truck, or other motor vehicle.
This section does not prohibit, or in any way prevent, the owner or operator of a
vehicle involved in an accident or otherwise disabled from contacting any wrecker
operator for the provision of towing services, whether the wrecker operator is an
authorized wrecker operator or not.
CHAPTER 327
VESSEL SAFETY
327.02. Definitions.
As used in this chapter and in chapter 328, unless the context clearly requires a
different meaning, the term:
“Airboat” means a vessel that is primarily designed for use in shallow waters and
powered by an internal combustion engine with an airplanetype propeller mounted
above the stern and used to push air across a set of rudders.
“Alien” means a person who is not a citizen of the United States.
“Boating accident” means a collision, accident, or casualty involving a vessel in or
upon, or entering into or exiting from, the water, including capsizing, collision with
another vessel or object, sinking, personal injury, death, disappearance of a person from
on board under circumstances that indicate the possibility of death or injury, or property
damage to any vessel or dock.
“Canoe” means a light, narrow vessel with curved sides and with both ends pointed.
A canoelike vessel with a transom may not be excluded from the definition of a canoe if
the width of its transom is less than 45 percent of the width of its beam or it has been
designated as a canoe by the United States Coast Guard.
“Commercial parasailing” means providing or offering to provide, for consideration,
any activity involving the towing of a person by a motorboat if:
One or more persons are tethered to the towing vessel;
The person or persons ascend above the water; and
The person or persons remain suspended under a canopy, chute, or parasail above the
water while the vessel is underway.
The term does not include ultralight glider towing conducted under rules of the
Federal Aviation Administration governing ultralight vehicles as defined in 14 C.F.R.
part 103.
(6) “Commercial vessel” means:
A vessel primarily engaged in the taking or landing of saltwater fish or saltwater
products or freshwater fish or freshwater products, or a vessel licensed pursuant to s.
379.361 from which commercial quantities of saltwater products are harvested, from
within and without the waters of this state for sale to the consumer or to a retail or
wholesale dealer.
Any other vessel, except a recreational vessel as defined in this section.
“Commission” means the Fish and Wildlife Conservation Commission.
“Dealer” means a person authorized by the Department of Revenue to buy, sell,
resell, or otherwise distribute vessels. Such person must have a valid sales tax certificate
of registration issued by the Department of Revenue and a valid commercial or
occupational license required by any county, municipality, or political subdivision of the
state in which the person operates.
“Division” means the Division of Law Enforcement of the Fish and Wildlife
Conservation Commission.
“Documented vessel” means a vessel for which a valid
certificate of documentation is outstanding pursuant to 46 C.F.R.
part 67 .
“Floating structure” means a floating entity, with or without accommodations built
thereon, which is not primarily used as a means of transportation on water but which
serves purposes or provides services typically associated with a structure or other
improvement to real property. The term includes, but is not limited to, an entity used as a
residence, place of business or office with public access; a hotel or motel; a restaurant or
lounge; a clubhouse; a meeting facility; a storage or parking facility; or a mining
platform, dredge, dragline, or similar facility or entity represented as such. Floating
structures are expressly excluded from the definition of the term “vessel” provided in this
section. Incidental movement upon water or resting partially or entirely on the bottom
does not, in and of itself, preclude an entity from classification as a floating structure.
“Florida Intracoastal Waterway” means the Atlantic Intracoastal Waterway, the
Georgia state line north of Fernandina to Miami; the Port Canaveral lock and canal to the
Atlantic Intracoastal Waterway; the Atlantic Intracoastal Waterway, Miami to Key West;
the Okeechobee Waterway, Stuart to Fort Myers; the St. Johns River, Jacksonville to
Sanford; the Gulf Intracoastal Waterway, Anclote to Fort Myers; the Gulf Intracoastal
Waterway, Carrabelle to Tampa Bay; Carrabelle to Anclote open bay section, using the
Gulf of Mexico; the Gulf Intracoastal Waterway, Carrabelle to the Alabama state line
west of Pensacola; and the Apalachicola, Chattahoochee, and Flint Rivers in Florida.
“Homemade vessel” means a vessel built after October 31,
1972, for which a federal hull identification number is not required to be assigned by the
manufacturer pursuant to federal law, or a vessel constructed or assembled before
November 1, 1972, by an entity other than a licensed manufacturer for its own use or the
use of a specific person. A vessel assembled from a manufacturer’s kit or constructed
from an unfinished manufactured hull is considered to be a homemade vessel if such a
vessel is not required to have a hull identification number assigned by the United States
Coast Guard. A rebuilt or reconstructed vessel may not be construed to be a homemade
vessel.
“Kiteboarding” or “kitesurfing” means an activity in which a kiteboard or surfboard
is tethered to a kite so as to harness the power of the wind and propel the board across a
body of water. For purposes of this subsection, the term “kite” has the same meaning as
used in 14 C.F.R. part 101.
“Houseboat” means a vessel that is used primarily as a residence for at least 21 days
during any 30day period in a county of this state if such residential use of the vessel is to
the preclusion of its use as a means of transportation.
“Length” means the measurement from end to end over the deck parallel to the
centerline, excluding sheer.
“Lien” means a security interest that is reserved or created by a written agreement
recorded with the Department of Highway Safety and Motor Vehicles pursuant to s.
328.15 and that secures payment or performance of an obligation and is generally valid
against third parties.
“Lienholder” means a person holding a security interest in
a vessel, which interest is recorded with the Department of Highway Safety and Motor
Vehicles pursuant to s. 328.15.
(19) “Liveaboard vessel” means:
A vessel used solely as a residence and not for navigation;
A vessel represented as a place of business or a professional or other commercial
enterprise; or
A vessel for which a declaration of domicile has been filed pursuant to s. 222.17.
A commercial fishing boat is expressly excluded from the term “liveaboard vessel.”
“Livery vessel” means a vessel leased, rented, or chartered to another for
consideration.
“Manufactured vessel” means a vessel built after October 31, 1972, for which a
federal hull identification number is required pursuant to federal law, or a vessel
constructed or assembled before November 1, 1972, by a duly licensed manufacturer.
“Marina” means a licensed commercial facility that provides secured public
moorings or dry storage for vessels on a leased basis. A commercial establishment
authorized by a licensed vessel manufacturer as a dealership is considered a marina for
nonjudicial sale purposes.
“Marine sanitation device” means equipment, other than a toilet, for installation on
board a vessel which is designed to receive, retain, treat, or discharge sewage, and any
process to treat such sewage. Marine sanitation device Types I, II, and III shall be
defined as provided in 33 C.F.R. part 159.
Manufactured and used primarily for noncommercial purposes; or
Leased, rented, or chartered to a person for his or her noncommercial use.
“Registration” means a state operating license on a vessel which is issued with an
identifying number, an annual certificate of registration, and a decal designating the year
for which a registration fee is paid.
“Resident” means a citizen of the United States who has established residence in this
state and has continuously resided in this state for 1 year and in one county for the 6
months immediately preceding the initiation of a vessel titling or registration action.
“Sailboat” means a vessel whose sole source of propulsion is the wind.
“Sustained wind speed” means a wind speed determined by averaging the observed
wind speed rounded up to the nearest mile per hour over a 2minute period.
“Unclaimed vessel” means an undocumented vessel, including its machinery,
rigging, and accessories, which is in the physical possession of a marina, garage, or repair
shop for repairs, improvements, or other work with the knowledge of the vessel owner
and for which the costs of such services have been unpaid for more than 90 days after the
date written notice of the completed work is given by the marina, garage, or repair shop
to the vessel owner.
“Vessel” is synonymous with boat as referenced in s. 1(b), Art. VII of the State
Constitution and includes every description of watercraft, barge, and airboat, other than a
seaplane on the water, used or capable of being used as a means of transportation on
water.
“Waters of this state” means any navigable waters of the United States within the
territorial limits of this state, the marginal sea adjacent to this state and the high seas
when navigated as a part of a journey or ride to or from the shore of this state, and all the
inland lakes, rivers, and canals under the jurisdiction of this state.
327.30. Collisions, accidents, and casualties.
It is the duty of the operator of a vessel involved in a collision, accident, or other
casualty, so far as he or she can do so without serious danger to the operator’s own
vessel, crew, and passengers, if any, to render to other persons affected by the
collision, accident, or other casualty such assistance as is practicable and necessary in
order to save them from or minimize any danger caused by the collision, accident, or
other casualty, and also to give his or her name, address, and identification of his or her
vessel in writing to any person injured and to the owner of any property damaged in the
collision, accident, or other casualty. The operator of a vessel involved in an accident
with an unattended vessel shall take all reasonable steps to locate and notify the owner or
person in charge of such vessel of the accident, furnishing to such owner his or her name,
address, and registration number and reporting as required under this section.
In the case of collision, accident, or other casualty involving a vessel in or upon or
entering into or exiting from the water, including capsizing, collision with another vessel
or object, sinking, personal injury requiring medical treatment beyond immediate first
aid, death, disappearance of any person from on board under circumstances which
indicate the possibility of death or injury, or damage to any vessel or other property in an
apparent aggregate amount of at least $2,000, the operator shall without delay, by the
quickest means available give notice of the accident to one of the following agencies: the
Division of Law Enforcement of the Fish and Wildlife Conservation Commission; the
sheriff of the county within which the accident occurred; or the police chief of the
municipality within which the accident occurred, if applicable.
The statutory duty of a person to make a report or give information to a law
enforcement officer making a written report relating to an accident does not extend to
information that would violate the privilege of such person against selfincrimination.
Each coroner or other official performing like functions, upon learning of the death of a
person in his or her jurisdiction as a result of a boating accident, shall immediately notify the
nearest office of the Department of Law Enforcement.
It is unlawful for a person operating a vessel involved in an accident or injury to leave the
scene of the accident or injury without giving all possible aid to all persons involved and
making a reasonable effort to locate the owner or persons affected and subsequently
complying with and notifying the appropriate law enforcement official as required under this
section. Any person who violates this subsection with respect to an accident resulting in
personal injury commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. Any person who violates this subsection with respect to an accident
resulting in property damage only commits a misdemeanor of the second degree, punishable
as provided in s. 775.082 or s. 775.083.
Any law enforcement officer who investigates a boating collision or accident may arrest
or cite the operator of any vessel involved in the accident or collision when, based upon
personal investigation, the officer has probable cause to believe that the operator has
committed any offense in connection with the accident or collision.
327.302. Accident report forms.
The commission shall prepare and, upon request, supply to police departments, sheriffs,
and other appropriate agencies or individuals forms for accident reports as required in this
chapter, suitable with respect to the persons required to make such reports
and the purposes to be served. The forms must call for sufficiently detailed information to
disclose, with reference to a boating accident, the cause and conditions existing at the
time of the accident and the persons and vessels involved. Accident report forms may call
for the policy numbers of liability insurance and the names of carriers covering any
vessel involved in an accident required to be reported under this chapter.
Every accident report required to be made in writing must be made on the appropriate
form approved by the commission and must contain all the information required therein
unless not available. Notwithstanding any other provisions of this section, an accident
report produced electronically by a law enforcement officer must, at a minimum, contain
the same information as is required on those forms approved by the commission.
327.33. Reckless or careless operation of vessel.
It is unlawful to operate a vessel in a reckless manner. A person who operates any
vessel, or manipulates any water skis, aquaplane, or similar device, in willful or wanton
disregard for the safety of persons or property at a speed or in a manner as to endanger, or
likely to endanger, life or limb, or damage the property of, or injure a person is guilty of
reckless operation of a vessel. Reckless operation of a vessel includes, but is not limited
to, a violation of s. 327.331(6). A person who violates this subsection commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
A person who operates any vessel upon the waters of this state shall operate the
vessel in a reasonable and prudent manner, having regard for other waterborne traffic,
posted speed and wake
restrictions, and all other attendant circumstances so as not to endanger the life, limb, or
property of another person outside the vessel or to endanger the life, limb, or property of
another person due to vessel overloading or excessive speed. The failure to operate a
vessel in a manner described in this subsection constitutes careless operation. However,
vessel wake and shoreline wash resulting from the reasonable and prudent operation of a
vessel, absent negligence, does not constitute damage or endangerment to property. A
person who violates this subsection commits a noncriminal violation as defined in s.
775.08.
Each person operating a vessel upon the waters of this state shall comply with the
navigation rules.
A person who violates the navigation rules and the violation results in a boating
accident causing serious bodily injury as defined in s. 327.353 or death, but the violation
does not constitute reckless operation of a vessel, commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
A person who violates the navigation rules and the violation does not constitute
reckless operation of a vessel commits a noncriminal violation as defined in s. 775.08,
punishable as provided in s. 327.73.
Law enforcement vessels may deviate from the navigational rules when such
diversion is necessary to the performance of their duties and when such deviation may be
safely accomplished.
Unless otherwise provided in this chapter, the ascertainment of fault in vessel
operations and boating accidents shall be
determined according to the navigation rules.
327.34. Incapacity of operator.
It is unlawful for the owner of any vessel or any person having such in charge or in
control to authorize or knowingly permit the same to be operated by any person who by
reason of physical or mental disability is incapable of operating such vessel under the
prevailing circumstances. Nothing in this section shall be construed to prohibit operation
of boats by paraplegics who are licensed to operate motor vehicles on the highways.
327.35. Boating under the influence; penalties; “designated drivers.”
A person is guilty of the offense of boating under the influence and is subject to
punishment as provided in subsection
if the person is operating a vessel within this state and:
The person is under the influence of alcoholic beverages, any chemical substance set
forth in s. 877.111, or any substance controlled under chapter 893, when affected to the
extent that the person’s normal faculties are impaired;
The person has a bloodalcohol level of 0.08 or more grams of alcohol per 100
milliliters of blood; or
The person has a breathalcohol level of 0.08 or more grams of alcohol per 210 liters
of breath.
(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person
who is convicted of a violation of subsection (1) shall be punished:
1. By a fine of:
a. Not less than $500 or more than $1,000 for a first conviction.
b. Not less than $1,000 or more than $2,000 for a second conviction; and
2. By imprisonment for:
a. Not more than 6 months for a first conviction.
b. Not more than 9 months for a second conviction.
1. Any person who is convicted of a third violation of this section for an offense that
occurs within 10 years after a prior conviction for a violation of this section commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who is convicted of a third violation of this section for an offense that
occurs more than 10 years after the date of a prior conviction for a violation of this
section shall be punished by a fine of not less than $2,000 or more than $5,000 and by
imprisonment for not more than 12 months.
Any person who is convicted of a fourth or subsequent violation of this section,
regardless of when any prior conviction for a violation of this section occurred, commits
a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
However, the fine imposed for such fourth or subsequent violation may not be less
than $2,000.
(3) Any person:
Who is in violation of subsection (1);
Who operates a vessel; and
Who, by reason of such operation, causes or contributes to causing:
Damage to the property or person of another commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
Serious bodily injury to another, as defined in s. 327.353, commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
The death of any human being commits BUI manslaughter, and commits:
a. A felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
b. A felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, if:
I. At the time of the accident, the person knew, or should have known, that the
accident occurred; and
The person failed to give information and render aid as required by s. 327.30.
This subsubparagraph does not require that the person knew that the accident
resulted in injury or death.
Any person who is convicted of a violation of subsection
and who has a bloodalcohol level or breathalcohol level of 0.15 or higher, or any person
who is convicted of a violation of
subsection (1) and who at the time of the offense was accompanied in the vessel by a
person under the age of 18 years, shall be punished:
(a) By a fine of:
Not less than $1,000 or more than $2,000 for a first conviction.
Not less than $2,000 or more than $4,000 for a second conviction.
Not less than $4,000 for a third or subsequent conviction.
(b) By imprisonment for:
Not more than 9 months for a first conviction.
Not more than 12 months for a second conviction.
For the purposes of this subsection, only the instant offense is required to be a
violation of subsection (1) by a person who has a bloodalcohol level or breathalcohol
level of 0.15 or higher.
In addition to any sentence or fine, the court shall place any offender convicted of
violating this section on monthly reporting probation and shall require attendance at a
substance abuse course specified by the court; and the agency conducting the course may
refer the offender to an authorized service provider for substance abuse evaluation and
treatment, in addition to any sentence or fine imposed under this section. The offender
shall assume reasonable costs for such education, evaluation, and treatment, with
completion of all such education, evaluation, and treatment being a condition of reporting
probation. Treatment resulting from a psychosocial evaluation may not be waived
without a supporting
psychosocial evaluation conducted by an agency appointed by the court and with access
to the original evaluation. The offender shall bear the cost of this procedure. The term
“substance abuse” means the abuse of alcohol or any substance named or described in
Schedules IV of s. 893.03.
With respect to any person convicted of a violation of subsection (1), regardless of
any other penalty imposed:
For the first conviction, the court shall place the defendant on probation for a period
not to exceed 1 year and, as a condition of such probation, shall order the defendant to
participate in public service or a community work project for a minimum of 50 hours.
The court must also, as a condition of probation, order the impoundment or
immobilization of the vessel that was operated by or in the actual control of the defendant
or any one vehicle registered in the defendant’s name at the time of impoundment or
immobilization, for a period of 10 days or for the unexpired term of any lease or rental
agreement that expires within 10 days. The impoundment or immobilization must not
occur concurrently with the incarceration of the defendant. The impoundment or
immobilization order may be dismissed in accordance with paragraph (e) or paragraph
(f). The total period of probation and incarceration may not exceed 1 year.
For the second conviction for an offense that occurs within a period of 5 years after
the date of a prior conviction for violation of this section, the court shall order
imprisonment for not less than 10 days. The court must also, as a condition of probation,
order the impoundment or immobilization of the vessel that was operated by or in the
actual control of the defendant or any one vehicle registered in the defendant’s name at
the time of
impoundment or immobilization, for a period of 30 days or for the unexpired term of any
lease or rental agreement that expires within 30 days. The impoundment or
immobilization must not occur concurrently with the incarceration of the defendant. The
impoundment or immobilization order may be dismissed in accordance with paragraph
(e) or paragraph (f). At least 48 hours of confinement must be consecutive.
For the third or subsequent conviction for an offense that occurs within a period of 10
years after the date of a prior conviction for violation of this section, the court shall order
imprisonment for not less than 30 days. The court must also, as a condition of probation,
order the impoundment or immobilization of the vessel that was operated by or in the
actual control of the defendant or any one vehicle registered in the defendant’s name at
the time of impoundment or immobilization, for a period of 90 days or for the unexpired
term of any lease or rental agreement that expires within 90 days. The impoundment or
immobilization must not occur concurrently with the incarceration of the defendant. The
impoundment or immobilization order may be dismissed in accordance with paragraph
(e) or paragraph (f). At least 48 hours of confinement must be consecutive.
The court must at the time of sentencing the defendant issue an order for the
impoundment or immobilization of a vessel. Within 7 business days after the date that the
court issues the order of impoundment, and once again 30 business days before the actual
impoundment or immobilization of the vessel, the clerk of the court must send notice by
certified mail, return receipt requested, to the registered owner of each vessel, if the
registered owner is a person other than the defendant, and to each person of
record claiming a lien against the vessel.
A person who owns but was not operating the vessel when the offense occurred may
submit to the court a police report indicating that the vessel was stolen at the time of the
offense or documentation of having purchased the vessel after the offense was committed
from an entity other than the defendant or the defendant’s agent. If the court finds that the
vessel was stolen or that the sale was not made to circumvent the order and allow the
defendant continued access to the vessel, the order must be dismissed and the owner of
the vessel will incur no costs. If the court denies the request to dismiss the order of
impoundment or immobilization, the petitioner may request an evidentiary hearing.
A person who owns but was not operating the vessel when the offense occurred, and
whose vessel was stolen or who purchased the vessel after the offense was committed
directly from the defendant or the defendant’s agent, may request an evidentiary hearing
to determine whether the impoundment or immobilization should occur. If the court finds
that either the vessel was stolen or the purchase was made without knowledge of the
offense, that the purchaser had no relationship to the defendant other than through the
transaction, and that such purchase would not circumvent the order and allow the
defendant continued access to the vessel, the order must be dismissed and the owner of
the vessel will incur no costs.
All costs and fees for the impoundment or immobilization, including the cost of
notification, must be paid by the owner of the vessel or, if the vessel is leased or rented,
by the person leasing or renting the vessel, unless the impoundment or immobilization
order is dismissed.
The person who owns a vessel that is impounded or immobilized under this
paragraph, or a person who has a lien of record against such a vessel and who has not
requested a review of the impoundment pursuant to paragraph (e) or paragraph (f), may,
within 10 days after the date that person has knowledge of the location of the vessel, file
a complaint in the county in which the owner resides to determine whether the vessel was
wrongfully taken or withheld from the owner or lienholder. Upon the filing of a
complaint, the owner or lienholder may have the vessel released by posting with the court
a bond or other adequate security equal to the amount of the costs and fees for
impoundment or immobilization, including towing or storage, to ensure the payment of
the costs and fees if the owner or lienholder does not prevail. When the bond is posted
and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate
releasing the vessel. At the time of release, after reasonable inspection, the owner or
lienholder must give a receipt to the towing or storage company indicating any loss or
damage to the vessel or to the contents of the vessel.
A defendant, in the court’s discretion, may be required to serve all or any portion of a
term of imprisonment to which the defendant has been sentenced pursuant to this section
in a residential alcoholism treatment program or a residential drug abuse treatment
program. Any time spent in such a program must be credited by the court toward the term
of imprisonment.
For the purposes of this section, any conviction for a violation of s. 316.193, a
previous conviction for the violation of former s. 316.1931, former s. 860.01, or former s.
316.028, or a previous conviction outside this state for driving under the influence,
driving while intoxicated, driving with an unlawful bloodalcohol level, driving with an
unlawful breathalcohol level, or any other similar alcoholrelated or drugrelated traffic
offense, is also considered a previous conviction for violation of this section.
A conviction under this section does not bar any civil suit for damages against the
person so convicted.
A person who is arrested for a violation of this section may not be released from
custody:
Until the person is no longer under the influence of alcoholic beverages, any
chemical substance set forth in s. 877.111, or any substance controlled under chapter 893
and affected to the extent that his or her normal faculties are impaired;
Until the person’s bloodalcohol level or breathalcohol level is less than 0.05; or
Until 8 hours have elapsed from the time the person was arrested.
Notwithstanding any other provision of this section, for any person convicted of a
violation of subsection (1), in addition to the fines set forth in subsections (2) and (4), an
additional fine of $60 shall be assessed and collected in the same manner as the fines set
forth in subsections (2) and (4). All fines collected under this subsection shall be remitted
by the clerk of the court to the Department of Revenue for deposit into the Brain and
Spinal Cord Injury Program Trust Fund and used for the purposes set forth in s. 381.79,
after 5 percent is deducted therefrom by the clerk of the court for administrative costs.
It is the intent of the Legislature to encourage boaters to
have a “designated driver” who does not consume alcoholic beverages.
327.352. Tests for alcohol, chemical substances, or controlled
substances; implied consent; refusal.
(a) 1. The Legislature declares that the operation of a vessel is a privilege that must
be exercised in a reasonable manner. In order to protect the public health and safety, it is
essential that a lawful and effective means of reducing the incidence of boating while
impaired or intoxicated be established. Therefore, any person who accepts the privilege
extended by the laws of this state of operating a vessel within this state is, by so operating
such vessel, deemed to have given his or her consent to submit to an approved chemical
test or physical test including, but not limited to, an infrared light test of his or her breath
for the purpose of determining the alcoholic content of his or her blood or breath if the
person is lawfully arrested for any offense allegedly committed while the person was
operating a vessel while under the influence of alcoholic beverages. The chemical or
physical breath test must be incidental to a lawful arrest and administered at the request
of a law enforcement officer who has reasonable cause to believe such person was
operating the vessel within this state while under the influence of alcoholic beverages.
The administration of a breath test does not preclude the administration of another type of
test. The person shall be told that his or her failure to submit to any lawful test of his or
her breath will result in a civil penalty of $500, and shall also be told that if he or she
refuses to submit to a lawful test of his or her breath and he or she has been previously
fined for refusal to submit to any lawful test of his or her breath, urine, or blood, he
or she commits a misdemeanor in addition to any other penalties. The refusal to submit to
a chemical or physical breath test upon the request of a law enforcement officer as
provided in this section is admissible into evidence in any criminal proceeding.
Any person who accepts the privilege extended by the laws of this state of operating
a vessel within this state is, by so operating such vessel, deemed to have given his or her
consent to submit to a urine test for the purpose of detecting the presence of chemical
substances as set forth in s. 877.111 or controlled substances if the person is lawfully
arrested for any offense allegedly committed while the person was operating a vessel
while under the influence of chemical substances or controlled substances. The urine test
must be incidental to a lawful arrest and administered at a detention facility or any other
facility, mobile or otherwise, which is equipped to administer such tests at the request of
a law enforcement officer who has reasonable cause to believe such person was operating
a vessel within this state while under the influence of chemical substances or controlled
substances. The urine test shall be administered at a detention facility or any other
facility, mobile or otherwise, which is equipped to administer such test in a reasonable
manner that will ensure the accuracy of the specimen and maintain the privacy of the
individual involved. The administration of a urine test does not preclude the
administration of another type of test. The person shall be told that his or her failure to
submit to any lawful test of his or her urine will result in a civil penalty of $500, and shall
also be told that if he or she refuses to submit to a lawful test of his or her urine and he or
she has been previously fined for refusal to submit to any lawful test of his or her breath,
urine, or blood, he
or she commits a misdemeanor in addition to any other penalties. The refusal to submit to
a urine test upon the request of a law enforcement officer as provided in this section is
admissible into evidence in any criminal proceeding.
1. The bloodalcohol level must be based upon grams of alcohol per 100 milliliters of
blood. The breathalcohol level must be based upon grams of alcohol per 210 liters of
breath.
An analysis of a person’s breath, in order to be considered valid under this section,
must have been performed substantially according to methods approved by the
Department of Law Enforcement. Any insubstantial differences between approved
techniques and actual testing procedures in any individual case do not render the test or
test results invalid.
The Alcohol Testing Program within the Department of Law Enforcement is
responsible for the regulation of the operation, inspection, and registration of breath test
instruments utilized under the driving and boating under the influence provisions and
related provisions located in this chapter and chapters 316 and
The program is responsible for the regulation of the individuals who operate, inspect, and
instruct on the breath test instruments utilized in the driving and boating under the
influence provisions and related provisions located in this chapter and chapters 316 and
322. The program is further responsible for the regulation of blood analysts who conduct
blood testing to be utilized under the driving and boating under the influence provisions
and related provisions located in this chapter and chapters 316 and 322. The program
shall:
a. Establish uniform criteria for the issuance of permits to
breath test operators, agency inspectors, instructors, blood analysts, and instruments.
b. Have the authority to permit breath test operators, agency inspectors, instructors,
blood analysts, and instruments.
c. Have the authority to discipline and suspend, revoke, or renew the permits of
breath test operators, agency inspectors, instructors, blood analysts, and instruments.
d. Establish uniform requirements for instruction and curricula for the operation and
inspection of approved instruments.
e. Have the authority to specify one approved curriculum for the operation and
inspection of approved instruments.
f. Establish a procedure for the approval of breath test operator and agency inspector
classes.
g. Have the authority to approve or disapprove breath test instruments and
accompanying paraphernalia for use pursuant to the driving and boating under the
influence provisions and related provisions located in this chapter and chapters 316 and
322.
h. With the approval of the executive director of the Department of Law
Enforcement, make and enter into contracts and agreements with other agencies,
organizations, associations, corporations, individuals, or federal agencies as are
necessary, expedient, or incidental to the performance of duties.
i. Issue final orders which include findings of fact and conclusions of law and which
constitute final agency action for the purpose of chapter 120.
j. Enforce compliance with the provisions of this section
through civil or administrative proceedings.
k. Make recommendations concerning any matter within the purview of this section,
this chapter, chapter 316, or chapter 322.
l. Promulgate rules for the administration and implementation of this section,
including definitions of terms.
m. Consult and cooperate with other entities for the purpose of implementing the
mandates of this section.
n. Have the authority to approve the type of blood test utilized under the driving and
boating under the influence provisions and related provisions located in this chapter and
chapters 316 and 322.
o. Have the authority to specify techniques and methods for breath alcohol testing
and blood testing utilized under the driving and boating under the influence provisions
and related provisions located in this chapter and chapters 316 and 322.
p. Have the authority to approve repair facilities for the approved breath test
instruments, including the authority to set criteria for approval.
Nothing in this section shall be construed to supersede provisions in this chapter and
chapters 316 and 322. The specifications in this section are derived from the power and
authority previously and currently possessed by the Department of Law Enforcement and
are enumerated to conform with the mandates of chapter 99379, Laws of Florida.
Any person who accepts the privilege extended by the laws of this state of operating
a vessel within this state is, by operating
such vessel, deemed to have given his or her consent to submit to an approved blood test
for the purpose of determining the alcoholic content of the blood or a blood test for the
purpose of determining the presence of chemical substances or controlled substances as
provided in this section if there is reasonable cause to believe the person was operating a
vessel while under the influence of alcoholic beverages or chemical or controlled
substances and the person appears for treatment at a hospital, clinic, or other medical
facility and the administration of a breath or urine test is impractical or impossible. As
used in this paragraph, the term “other medical facility” includes an ambulance or other
medical emergency vehicle. The blood test shall be performed in a reasonable manner.
Any person who is incapable of refusal by reason of unconsciousness or other mental or
physical condition is deemed not to have withdrawn his or her consent to such test. Any
person who is capable of refusal shall be told that his or her failure to submit to such a
blood test will result in a civil penalty of $500 and that a refusal to submit to a lawful test
of his or her blood, if he or she has previously been fined for refusal to submit to any
lawful test of his or her breath, urine, or blood, is a misdemeanor. The refusal to submit
to a blood test upon the request of a law enforcement officer shall be admissible in
evidence in any criminal proceeding.
If the arresting officer does not request a chemical or physical breath test of the
person arrested for any offense allegedly committed while the person was operating a
vessel while under the influence of alcoholic beverages or controlled substances, the
person may request the arresting officer to have a chemical or physical test made of the
arrested person’s breath or a
test of the urine or blood for the purpose of determining the alcoholic content of the
person’s blood or breath or the presence of chemical substances or controlled substances;
and, if so requested, the arresting officer shall have the test performed.
1. The tests determining the weight of alcohol in the defendant’s blood or breath shall
be administered at the request of a law enforcement officer substantially in accordance
with rules of the Department of Law Enforcement. However, the failure of a law
enforcement officer to request the withdrawal of blood does not affect the admissibility
of a test of blood withdrawn for medical purposes.
Only a physician, certified paramedic, registered nurse, licensed practical nurse, other
personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory
director, supervisor, technologist, or technician, acting at the request of a law
enforcement officer, may withdraw blood for the purpose of determining its alcoholic
content or the presence of chemical substances or controlled substances therein.
However, the failure of a law enforcement officer to request the withdrawal of blood does
not affect the admissibility of a test of blood withdrawn for medical purposes.
The person tested may, at his or her own expense, have a physician, registered nurse,
other personnel authorized by a hospital to draw blood, or duly licensed clinical
laboratory director, supervisor, technologist, or technician, or other person of his or her
own choosing administer an independent test in addition to the test administered at the
direction of the law enforcement officer for the purpose of determining the amount of
alcohol in the person’s blood or breath or the presence of chemical
substances or controlled substances at the time alleged, as shown by chemical analysis of
his or her blood or urine, or by chemical or physical test of his or her breath. The failure
or inability to obtain an independent test by a person does not preclude the admissibility
in evidence of the test taken at the direction of the law enforcement officer. The law
enforcement officer shall not interfere with the person’s opportunity to obtain the
independent test and shall provide the person with timely telephone access to secure the
test, but the burden is on the person to arrange and secure the test at the person’s own
expense.
Upon the request of the person tested, full information concerning the results of the
test taken at the direction of the law enforcement officer shall be made available to the
person or his or her attorney. Full information is limited to the following:
a. The type of test administered and the procedures followed.
b. The time of the collection of the blood or breath sample analyzed.
c. The numerical results of the test indicating the alcohol content of the blood and
breath.
d. The type and status of any permit issued by the Department of Law Enforcement
which was held by the person who performed the test.
e. If the test was administered by means of a breath testing instrument, the date of
performance of the most recent required inspection of such instrument.
Full information does not include manuals, schematics, or software of the instrument
used to test the person or any other
material that is not in the actual possession of the state. Additionally, full information
does not include information in the possession of the manufacturer of the test instrument.
A hospital, clinical laboratory, medical clinic, or similar medical institution or
physician, certified paramedic, registered nurse, licensed practical nurse, other personnel
authorized by a hospital to draw blood, or duly licensed clinical laboratory director,
supervisor, technologist, or technician, or other person assisting a law enforcement
officer does not incur any civil or criminal liability as a result of the withdrawal or
analysis of a blood or urine specimen, or the chemical or physical test of a person’s
breath pursuant to accepted medical standards when requested by a law enforcement
officer, regardless of whether or not the subject resisted administration of the test.
The results of any test administered pursuant to this section for the purpose of
detecting the presence of any controlled substance shall not be admissible as evidence in
a criminal prosecution for the possession of a controlled substance.
Notwithstanding any provision of law pertaining to the confidentiality of hospital
records or other medical records, information relating to the alcoholic content of the
blood or breath or the presence of chemical substances or controlled substances in the
blood obtained pursuant to this section shall be released to a court, prosecuting attorney,
defense attorney, or law enforcement officer in connection with an alleged violation of s.
327.35 upon request for such information.
327.35215. Penalty for failure to submit to test.
A person who is lawfully arrested for an alleged violation of s. 327.35 and who
refuses to submit to a blood test, breath test, or urine test pursuant to s. 327.352 is subject
to a civil penalty of $500.
When a person refuses to submit to a blood test, breath test, or urine test pursuant to
s. 327.352, a law enforcement officer who is authorized to make arrests for violations of
this chapter shall file with the clerk of the court, on a form provided by the department, a
certified statement that probable cause existed to arrest the person for a violation of s.
327.35 and that the person refused to submit to a test as required by s. 327.352. Along
with the statement, the officer must also submit a sworn statement on a form provided by
the department that the person has been advised of both the penalties for failure to submit
to the blood, breath, or urine test and the procedure for requesting a hearing.
A person who has been advised of the penalties pursuant to subsection (2) may,
within 30 days afterwards, request a hearing before a county court judge. A request for a
hearing tolls the period for payment of the civil penalty, and, if assessment of the civil
penalty is sustained by the hearing and any subsequent judicial review, the civil penalty
must be paid within 30 days after final disposition. The clerk of the court shall notify the
department of the final disposition of all actions filed under this section.
It is unlawful for any person who has not paid a civil penalty imposed pursuant to
this section, or who has not requested a hearing with respect to the civil penalty, within
30 calendar days
after receipt of notice of the civil penalty to operate a vessel upon the waters of this state.
Violation of this subsection is a misdemeanor of the first degree, punishable as provided
in s. 775.082 or s. 775.083.
Moneys collected by the clerk of the court pursuant to this section shall be disposed
of in the following manner:
If the arresting officer was employed or appointed by a state law enforcement
agency, the moneys shall be deposited into the Marine Resources Conservation Trust
Fund and used to directly enhance the ability of law enforcement officers to perform law
enforcement functions on state waters.
If the arresting officer was employed or appointed by a county or municipal law
enforcement agency, the moneys shall be deposited into the law enforcement trust fund of
that agency.
327.353. Blood test for impairment or intoxication in cases of death or serious
bodily injury; right to use reasonable force.
(a) If a law enforcement officer has probable cause to believe that a vessel operated
by a person under the influence of alcoholic beverages, any chemical substances, or any
controlled substances has caused the death or serious bodily injury of a human being, a
law enforcement officer shall require the person operating or in actual physical control of
the vessel to submit to a test of the person’s blood for the purpose of determining the
alcoholic content thereof or the presence of chemical substances as set forth in s. 877.111
or any substance controlled under chapter 893. The law enforcement officer may use
reasonable
force if necessary to require the person to submit to the administration of the blood test.
The blood test shall be performed in a reasonable manner. Notwithstanding s. 327.352,
the testing required by this paragraph need not be incidental to a lawful arrest of the
person.
The term “serious bodily injury” means an injury to any person, including the
operator, which consists of a physical condition that creates a substantial risk of death,
serious personal disfigurement, or protracted loss or impairment of the function of any
bodily member or organ.
(a) Only a physician, certified paramedic, registered nurse, licensed practical nurse,
other personnel authorized by a hospital to draw blood, or duly licensed clinical
laboratory director, supervisor, technologist, or technician, acting at the request of a law
enforcement officer, may withdraw blood for the purpose of determining the alcoholic
content thereof or the presence of chemical substances or controlled substances therein.
However, the failure of a law enforcement officer to request the withdrawal of blood
shall not affect the admissibility of a test of blood withdrawn for medical purposes.
A chemical analysis of the person’s blood to determine the alcoholic content thereof
must have been performed substantially in accordance with methods approved by the
Department of Law Enforcement and by an individual possessing a valid permit issued
by the department for this purpose. The Department of Law Enforcement may approve
satisfactory techniques or methods, ascertain the qualifications and competence of
individuals to conduct such analyses, and issue permits that are subject to termination or
revocation at the discretion of the
department. Insubstantial differences between approved methods or techniques and actual
testing procedures, or any insubstantial defects concerning the permit issued by the
department, in any individual case, do not render the test or test results invalid.
A hospital, clinical laboratory, medical clinic, or similar medical institution or
physician, certified paramedic, registered nurse, licensed practical nurse, other personnel
authorized by a hospital to draw blood, or duly licensed clinical laboratory director,
supervisor, technologist, or technician, or other person assisting a law enforcement
officer shall not incur any civil or criminal liability as a result of the withdrawal or
analysis of a blood specimen pursuant to accepted medical standards when requested by a
law enforcement officer, regardless of whether or not the subject resisted administration
of the test.
(a) Any criminal charge resulting from the incident giving rise to the officer’s
demand for testing shall be tried concurrently with a charge of any violation arising out
of the same incident, unless, in the discretion of the court, such charges should be tried
separately. If the charges are tried separately, the fact that the person refused, resisted,
obstructed, or opposed testing is admissible at the trial of the criminal offense which gave
rise to the demand for testing.
The results of any test administered pursuant to this section for the purpose of
detecting the presence of any controlled substance are not admissible as evidence in a
criminal prosecution for the possession of a controlled substance.
Notwithstanding any provision of law pertaining to the confidentiality of hospital
records or other medical records,
information relating to the alcoholic content of the blood or the presence of chemical
substances or controlled substances in the blood obtained pursuant to this section shall be
released to a court, prosecuting attorney, defense attorney, or law enforcement officer in
connection with an alleged violation of s. 327.35 upon request for such information.
327.354. Presumption of impairment; testing methods.
It is unlawful and punishable as provided in s. 327.35 for any person who is under the
influence of alcoholic beverages or controlled substances, when affected to the extent that
the person’s normal faculties are impaired or to the extent that the person is deprived of
full possession of normal faculties, to operate any vessel within this state. Such normal
faculties include, but are not limited to, the ability to see, hear, walk, talk, judge
distances, drive an automobile, make judgments, act in emergencies, and, in general,
normally perform the many mental and physical acts of daily life.
At the trial of any civil or criminal action or proceeding arising out of acts alleged to
have been committed by any person while operating a vessel while under the influence of
alcoholic beverages or controlled substances, when affected to the extent that the
person’s normal faculties were impaired or to the extent that he or she was deprived of
full possession of his or her normal faculties, the results of any test administered in
accordance with s. 327.352 or s. 327.353 and this section are admissible into evidence
when otherwise admissible, and the amount of alcohol in the person’s blood or breath at
the time alleged, as shown by chemical analysis of the person’s blood, or by chemical or
physical test of the person’s breath, gives rise to the following presumptions:
If there was at that time a bloodalcohol level or breathalcohol level of 0.05 or less,
it is presumed that the person was not under the influence of alcoholic beverages to the
extent that his or her normal faculties were impaired.
If there was at that time a bloodalcohol level or breathalcohol level in excess of
0.05 but less than 0.08, that fact does not give rise to any presumption that the person was
or was not under the influence of alcoholic beverages to the extent that his or her normal
faculties were impaired but may be considered with other competent evidence in
determining whether the person was under the influence of alcoholic beverages to the
extent that his or her normal faculties were impaired.
If there was at that time a bloodalcohol level or breathalcohol level of 0.08 or
higher, that fact is prima facie evidence that the person was under the influence of
alcoholic beverages to the extent that his or her normal faculties were impaired. Any
person who operates a vessel and who has a bloodalcohol level or breathalcohol level of
0.08 or higher is guilty of operating a vessel with an unlawful bloodalcohol level or
breathalcohol level.
The presumptions provided in this subsection do not limit the introduction of any
other competent evidence bearing upon the question of whether the person was under the
influence of alcoholic beverages to the extent that his or her normal faculties were
impaired.
A chemical analysis of a person’s blood to determine
alcoholic content or a chemical or physical test of a person’s breath, in order to be
considered valid under this section, must have been performed substantially in
accordance with methods approved by the Department of Law Enforcement and by an
individual possessing a valid permit issued by the department for this purpose.
Insubstantial differences between approved techniques and actual testing procedures or
insubstantial defects concerning the permit issued by the department, in any individual
case, do not render the test or test results invalid. The Department of Law Enforcement
may approve satisfactory techniques or methods, ascertain the qualifications and
competence of individuals to conduct such analyses, and issue permits subject to
termination or revocation in accordance with rules adopted by the department.
Any person charged with a violation of s. 327.35 is entitled to trial by jury according
to the Florida Rules of Criminal Procedure.
An affidavit containing the results of any test of a person’s blood or breath to
determine its alcohol content, as authorized by s. 327.352 or s. 327.353, is admissible in
evidence under the exception to the hearsay rule in s. 90.803(8) for public records and
reports. The affidavit is admissible without further authentication and is presumptive
proof of the results of an authorized test to determine alcohol content of the blood or
breath if the affidavit discloses:
The type of test administered and the procedures followed;
The time of the collection of the blood or breath sample analyzed;
The numerical results of the test indicating the alcohol content of the blood or breath;
The type and status of any permit issued by the Department of Law Enforcement
which was held by the person who performed the test; and
If the test was administered by means of a breath testing instrument, the date of
performance of the most recent required maintenance on such instrument.
The Department of Law Enforcement shall provide a form for the affidavit.
Admissibility of the affidavit does not abrogate the right of the person tested to subpoena
the person who administered the test for examination as an adverse witness at a civil or
criminal trial or other proceeding.
327.355. Operation of vessels by persons under 21 years of age who have
consumed alcoholic beverages.
(a) Notwithstanding s. 327.35, it is unlawful for a person under the age of 21 who has
a breathalcohol level of 0.02 or higher to operate or be in actual physical control of a
vessel.
A law enforcement officer who has probable cause to believe that a vessel is being
operated by or is in the actual physical control of a person who is under the age of 21
while under the influence of alcoholic beverages or who has any breathalcohol level may
lawfully detain such a person and may request that person to submit to a test to determine
his or her breathalcohol level. If the person under the age of 21 refuses to submit to such
testing, the law enforcement officer shall warn the person that failure to submit to the
breath test will result in the required
performance of 50 hours of public service and that his or her vessel operating privilege
will be suspended until the public service is performed. Failure or refusal to submit to a
breath test after this warning is a violation of this section.
Any person under the age of 21 who accepts the privilege extended by the laws of
this state of operating a vessel upon the waters of this state, by so operating such vessel,
is deemed to have expressed his or her consent to the provisions of this section.
A breath test to determine breathalcohol level pursuant to this section may be
conducted as authorized by s. 316.1932 or s. 327.352, or by a preliminary alcohol
screening test device listed in the United States Department of Transportation’s
conformingproduct list of evidential breathmeasurement devices. The reading from
such a device is admissible in evidence in any trial or hearing.
A violation of this section is a noncriminal infraction, and being detained pursuant to
this section does not constitute an arrest. This section does not bar prosecution under s.
327.35, and the penalties provided herein shall be imposed in addition to any other
penalty provided for boating under the influence or for refusal to submit to testing.
A person convicted of a violation of subsection (1) shall be ordered by the court to:
Participate in public service or a community work project for a minimum of 50
hours;
Refrain from operating any vessel until the 50 hours of public service or community
work has been performed; and
Enroll in, attend, and successfully complete, at his or her own expense, a classroom
or online boating safety course that meets minimum standards established by commission
rule.
For the purposes of this section, “conviction” means a finding of guilt or the
acceptance of a plea of guilty or nolo contendere, regardless of whether or not
adjudication was withheld. Notwithstanding the provisions of s. 948.01, no court may
suspend, defer, or withhold imposition of sentence for any violation of this section. Any
person who operates any vessel on the waters of this state while his or her vessel
operating privilege is suspended pursuant to this section commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083.
327.36. Mandatory adjudication; prohibition against accepting plea
to lesser included offense.
Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or
withhold adjudication of guilt or imposition of sentence for any violation of s. 327.35, for
manslaughter resulting from the operation of a vessel, or for vessel homicide.
(a) No trial judge may accept a plea of guilty to a lesser offense from a person who is
charged with a violation of s. 327.35, manslaughter resulting from the operation of a
vessel, or vessel homicide and who has been given a breath or blood test to determine
blood or breath alcohol content, the results of which show a bloodalcohol level or
breathalcohol level of 0.15 or more.
A trial judge may not accept a plea of guilty to a lesser
offense from a person charged with a felony violation of s. 327.35, manslaughter
resulting from the operation of a vessel, or vessel homicide.
327.37. Water skis, parasails, aquaplanes, kiteboarding, kitesurfing, and
moored ballooning regulated.
(a) A person may not operate a vessel on any waters of this state towing a person on
water skis, or an aquaplane, or similar device unless there is in such vessel a person, in
addition to the operator, in a position to observe the progress of the person being towed,
or the vessel is equipped with a wideangle rear view mirror mounted in such manner as
to permit the operator of the vessel to observe the progress of the person being towed.
This subsection does not apply to class A motorboats operated by the person being towed
and designed to be incapable of carrying the operator in the motorboat.
A person may not operate a vessel on any waters of this state towing a person
attached to a parasail or similar device unless there is a person in the vessel, in addition to
the operator, in a position to observe the progress of the person being towed. A wide
angle rear view mirror is not acceptable for this purpose.
(a) A person may not engage in water skiing, parasailing, aquaplaning, or any similar
activity at any time between the hours from onehalf hour after sunset to onehalf hour
before sunrise.
A person may not engage in water skiing, parasailing, aquaplaning, or any similar
activity unless such person is wearing a noninflatable personal flotation device currently
approved by the United States Coast Guard and used in accordance with the
United States Coast Guard approval label.
The provisions of subsections (1) and (2) do not apply to a performer engaged in a
professional exhibition or a person preparing to participate or participating in an official
regatta, boat race, marine parade, tournament, or exhibition held pursuant to s. 327.48.
A person may not operate or manipulate any vessel, tow rope, or other device by
which the direction or location of water skis, parasail, aquaplane, innertube, sled, or
similar device may be affected or controlled, in such a way as to cause the water skis,
parasail, aquaplane, innertube, sled, or similar device or any person thereon to collide or
strike against or be likely to collide or strike against any vessel, bridge, wharf, pier, dock,
buoy, platform, piling, channel marker, or other object, except slalom buoys, ski jumps,
or like objects used normally in competitive or recreational skiing.
A person may not operate any vessel towing a parasail or engage in parasailing or
moored ballooning within 100 feet of the marked channel of the Florida Intracoastal
Waterway or within 2 miles of the boundary of any airport unless otherwise permitted
under federal law.
A person may not engage in kiteboarding or kitesurfing within an area that extends 1
mile in a direct line along the centerline of an airport runway and that has a width
measuring onehalf mile unless otherwise permitted under federal law.
327.375. Commercial parasailing.
The operator of a vessel engaged in commercial parasailing
shall ensure that the provisions of this section and s. 327.37 are met.
The owner or operator of a vessel engaged in commercial parasailing may not offer
or provide for consideration any parasailing activity unless the owner or operator first
obtains and maintains in full force and effect a liability insurance policy from an
insurance carrier licensed in this state or approved by the Office of Insurance Regulation
or an eligible surplus lines insurer. Such policy must provide bodily injury liability
coverage in the amounts of at least $1 million per occurrence and $2 million annual
aggregate. Proof of insurance must be available for inspection at the location where
commercial parasailing is offered or provided for consideration, and each customer who
requests such proof shall be provided with the insurance carrier’s name and address and
the insurance policy number.
The operator of a vessel engaged in commercial parasailing must have a current and
valid license issued by the United States Coast Guard authorizing the operator to carry
passengers for hire. The license must be appropriate for the number of passengers carried
and the displacement of the vessel. The license must be carried on the vessel and be
available for inspection while engaging in commercial parasailing activities.
A vessel engaged in commercial parasailing must be equipped with a functional VHF
marine transceiver and a separate electronic device capable of providing access to
National Weather Service forecasts and current weather conditions.
(a) Commercial parasailing is prohibited if the current observed wind conditions in
the area of operation include a
sustained wind speed of more than 20 miles per hour; if wind gusts are 15 miles per hour
higher than the sustained wind speed; if the wind speed during gusts exceeds 25 miles per
hour; if rain or heavy fog results in reduced visibility of less than 0.5 mile; or if a known
lightning storm comes within 7 miles of the parasailing area.
The operator of the vessel engaged in commercial parasailing shall use all available
means to determine prevailing and forecasted weather conditions and record this
information in a weather log each time passengers are to be taken out on the water. The
weather log must be available for inspection at all times at the operator’s place of
business.
A person or operator who violates this section commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
327.38. Skiing prohibited while intoxicated or under influence of
drugs.
No person shall manipulate any water skis, aquaplane, or similar device from a
vessel while intoxicated or under the influence of any narcotic drug, barbiturate, or
marijuana, to the extent that the person’s normal faculties are impaired.
327.39. Personal watercraft regulated.
A person may not operate a personal watercraft unless each person riding on or being
towed behind such vessel is wearing a personal flotation device, other than an inflatable
device, currently approved by the United States Coast Guard and used in
accordance with the United States Coast Guard approval label.
327.395. Boating safety identification cards.
A person born on or after January 1, 1988, may not operate a vessel powered by a
motor of 10 horsepower or greater unless such person has in his or her possession aboard
the vessel
photographic identification and a boater safety identification card issued by the
commission, or a stateissued identification card or driver license indicating possession
of the boater safety identification card, which shows that he or she has:
Completed a commissionapproved boater education course that meets the minimum
8hour instruction requirement established by the National Association of State Boating
Law Administrators;
Passed a course equivalency examination approved by the commission; or
Passed a temporary certificate examination developed or approved by the
commission.
Any person may obtain a boater safety identification card by complying with the
requirements of this section.
Any commissionapproved boater education or boater safety course, course
equivalency examination developed or approved by the commission, or temporary
certificate examination developed or approved by the commission must include a
component regarding diving vessels, awareness of divers in the water, diversdown
warning devices, and the requirements of s. 327.331.
The commission may appoint liveries, marinas, or other persons as its agents to
administer the course, course equivalency examination, or temporary certificate
examination and issue identification cards under guidelines established by the
commission. An agent must charge the $2 examination fee, which must be forwarded to
the commission with proof of passage of the
examination and may charge and keep a $1 service fee.
An identification card issued to a person who has completed a boating education
course or a course equivalency examination is valid for life. A card issued to a person
who has passed a temporary certification examination is valid for 12 months from the
date of issuance.
A person is exempt from subsection (1) if he or she:
Is licensed by the United States Coast Guard to serve as master of a vessel.
Operates a vessel only on a private lake or pond.
Is accompanied in the vessel by a person who is exempt from this section or who
holds an identification card in compliance with this section, is 18 years of age or older,
and is attendant to the operation of the vessel and responsible for the safe operation of the
vessel and for any violation that occurs during the operation of the vessel.
Is a nonresident who has in his or her possession proof that he or she has completed a
boater education course or equivalency examination in another state which meets or
exceeds the requirements of subsection (1).
Is operating a vessel within 90 days after the purchase of that vessel and has
available for inspection aboard that vessel a bill of sale meeting the requirements of s.
328.46(1).
Is operating a vessel within 90 days after completing the requirements of paragraph
(1)(a) or paragraph (1)(b) and has a photographic identification card and a boater
education certificate
available for inspection as proof of having completed a boater education course. The
boater education certificate must provide, at a minimum, the student’s first and last name,
the student’s date of birth, and the date that he or she passed the course examination.
(g) Is exempted by rule of the commission.
A person who operates a vessel in violation of subsection
commits a noncriminal infraction, punishable as provided in s. 327.73.
The commission shall design forms and adopt rules to administer this section. Such
rules shall include provision for educational and other public and private entities to offer
the course and administer examinations.
The commission shall institute and coordinate a statewide program of boating safety
instruction and certification to ensure that boating courses and examinations are available
in each county of the state.
The commission is authorized to establish and to collect a $2 examination fee to
cover administrative costs.
The commission is authorized to adopt rules pursuant to chapter 120 to implement
the provisions of this section.
This section may be cited as the “Osmany ‘Ozzie’ Castellanos Boating Safety
Education Act.”
327.4107. Vessels at risk of becoming derelict on waters of this state.
To prevent vessels in neglected or deteriorating condition
from reaching a likely and foreseeable state of disrepair, a vessel that is at risk of
becoming derelict pursuant to subsection (2) may not anchor on, moor on, or occupy the
waters of this state.
An officer of the commission or of a law enforcement agency specified in s. 327.70
may determine that a vessel is at risk of becoming derelict if any of the following
conditions exist:
The vessel is taking on or has taken on water without an effective means to dewater.
Spaces on the vessel that are designed to be enclosed are incapable of being sealed
off or remain open to the elements for extended periods of time.
The vessel has broken loose or is in danger of breaking loose from its anchor.
The vessel is left or stored aground unattended in such a state that would prevent the
vessel from getting underway, is listing due to water intrusion, or is sunk or partially
sunk.
A person who anchors or moors a vessel at risk of becoming derelict on the waters of
this state or allows such a vessel to occupy such waters commits a noncriminal infraction,
punishable as provided in s. 327.73.
The penalty under this section is in addition to other penalties provided by law.
This section does not apply to a vessel that is moored to a private dock or wet slip
with the consent of the owner for the purpose of receiving repairs.
327.4108. Anchoring of vessels in anchoring limitation areas.
The following densely populated urban areas, which have narrow state waterways,
residential docking facilities, and significant recreational boating traffic, are designated
as anchoring limitation areas:
The section of Middle River lying between Northeast 21st Court and the Intracoastal
Waterway in Broward County.
Sunset Lake in MiamiDade County.
The sections of Biscayne Bay in MiamiDade County lying between:
Rivo Alto Island and Di Lido Island.
San Marino Island and San Marco Island.
San Marco Island and Biscayne Island.
To promote the public’s use and enjoyment of the designated waterway, except as
provided in subsections (3) and
(4), a person may not anchor a vessel at any time during the period between onehalf hour
after sunset and onehalf hour before sunrise in an anchoring limitation area.
Notwithstanding subsection (2), a person may anchor a vessel in an anchoring
limitation area:
If the vessel suffers a mechanical failure that poses an unreasonable risk of harm to
the vessel or the persons onboard unless the vessel anchors. The vessel may anchor for 3
business days or until the vessel is repaired, whichever occurs first.
If imminent or existing weather conditions in the vicinity of the vessel pose an
unreasonable risk of harm to the vessel or the persons onboard unless the vessel anchors.
The vessel may anchor until weather conditions no longer pose such risk. During a
hurricane or tropical storm, weather conditions are deemed to no longer pose an
unreasonable risk of harm when the hurricane or tropical storm warning affecting the area
has expired.
During events described in s. 327.48 or other special events, including, but not
limited to, public music performances, local government waterfront activities, or
fireworks displays. A vessel may anchor for the lesser of the duration of the special event
or 3 days.
(4) This section does not apply to:
Vessels owned or operated by a governmental entity for law enforcement,
firefighting, military, or rescue purposes.
Construction or dredging vessels on an active job site.
Vessels actively engaged in commercial fishing.
Vessels engaged in recreational fishing if the persons onboard are actively tending
hook and line fishing gear or nets.
(a) As used in this subsection, the term “law enforcement officer or agency” means
an officer or agency authorized to enforce this section pursuant to s. 327.70.
A law enforcement officer or agency may remove a vessel from an anchoring
limitation area and impound the vessel for up to 48 hours, or cause such removal and
impoundment, if the vessel operator, after being issued a citation for a violation of this
section:
Anchors the vessel in violation of this section within 12 hours after being issued the
citation; or
Refuses to leave the anchoring limitation area after being directed to do so by a law
enforcement officer or agency.
A law enforcement officer or agency acting under this subsection to remove or
impound a vessel, or to cause such removal or impoundment, shall be held harmless for
any damage to the vessel resulting from such removal or impoundment unless the
damage results from gross negligence or willful misconduct.
A contractor performing removal or impoundment services at the direction of a law
enforcement officer or agency pursuant to this subsection must:
Be licensed in accordance with United States Coast Guard regulations, as applicable.
Obtain and carry a current policy issued by a licensed insurance carrier in this state to
insure against any accident, loss, injury, property damage, or other casualty caused by or
resulting from the contractor’s actions.
Be properly equipped to perform such services.
327.42. Mooring to or damaging of uniform waterway markers
prohibited.
No person shall moor or fasten a vessel to a lawfully placed uniform waterway
marker, except in case of emergency or with the written consent of the marker’s owner.
No person shall willfully damage, alter, or move a lawfully placed uniform waterway
marker.
327.44. Interference with navigation; relocation or removal; recovery of costs.
(1) As used in this section, the term:
“Gross negligence” means conduct so reckless or wanting in care that it constitutes a
conscious disregard or indifference to the safety of the property exposed to such conduct.
“Willful misconduct” means conduct evidencing carelessness or negligence of such a
degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show
an intentional and substantial disregard of the interests of the vessel owner.
No person shall anchor, operate, or permit to be anchored, except in case of
emergency, or operated a vessel or carry on any prohibited activity in a manner which
shall unreasonably or
unnecessarily constitute a navigational hazard or interfere with another vessel. Anchoring
under bridges or in or adjacent to heavily traveled channels shall constitute interference if
unreasonable under the prevailing circumstances.
The commission, officers of the commission, and any law enforcement agency or
officer specified in s. 327.70 are authorized and empowered to relocate, remove, or cause
to be relocated or removed a vessel that unreasonably or unnecessarily constitutes a
navigational hazard or interferes with another vessel. The commission, officers of the
commission, or any other law enforcement agency or officer acting under this subsection
to relocate, remove, or cause to be relocated or removed a vessel that unreasonably or
unnecessarily constitutes a navigational hazard or interferes with another vessel shall be
held harmless for all damages to the vessel resulting from such relocation or removal
unless the damage results from gross negligence or willful misconduct.
327.45. Protection zones for springs.
As used in this section, the term “navigable waters of the United States” means the
waters of the United States, including the territorial seas, as referenced in the Clean
Water Act, 33 U.S.C. ss. 1251 et seq., and the federal rules and regulations promulgated
thereunder.
The commission may establish by rule protection zones that restrict the speed and
operation of vessels to protect and prevent harm to springs. This harm includes negative
impacts to water quality, water quantity, hydrology, wetlands, and aquatic and wetland
dependent species.
When developing a protection zone, the commission shall do so in consultation and
coordination with the water management district, the Department of Environmental
Protection, and the governing bodies of the county and municipality, if applicable, in
which the zone is located. If the zone includes navigable waters of the United States, the
commission shall additionally coordinate with the United States Coast Guard and the
United States Army Corps of Engineers.
Any individual who operates a vessel in violation of a spring protection zone rule
adopted pursuant to this section shall be charged on a uniform boating citation as
provided in s. 327.74
and is subject to the penalties provided in s. 327.73(1)(y).
(5) Restrictions in a protection zone do not apply:
To law enforcement, firefighting, or rescue personnel operating a vessel in the course
of performing their official duties; or
In emergency situations. However, the emergency operation of a vessel must be a
reasonable response given the circumstances.
The commission is responsible for the posting and maintenance of regulatory
markers identifying protection zones.
The commission may adopt rules to implement this section.
327.46. Boatingrestricted areas.
Boatingrestricted areas, including, but not limited to, restrictions of vessel speeds
and vessel traffic, may be established on the waters of this state for any purpose
necessary to protect the safety of the public if such restrictions are necessary based on
boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion,
or other navigational hazards.
The commission may establish boatingrestricted areas by rule pursuant to chapter
120.
Municipalities and counties have the authority to establish the following boating
restricted areas by ordinance:
An ordinance establishing an idle speed, no wake boatingrestricted area, if the area
is:
a. Within 500 feet of any boat ramp, hoist, marine railway, or
other launching or landing facility available for use by the general boating public on
waterways more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine
railway, or other launching or landing facility available for use by the general boating
public on waterways not exceeding 300 feet in width.
b. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells
motor fuel to the general boating public on waterways more than 300 feet in width or
within 300 feet of the fuel pumps or dispensers at any licensed terminal facility that sells
motor fuel to the general boating public on waterways not exceeding 300 feet in width.
c. Inside or within 300 feet of any lock structure.
An ordinance establishing a slow speed, minimum wake boatingrestricted area if the
area is:
a. Within 300 feet of any bridge fender system.
b. Within 300 feet of any bridge span presenting a vertical clearance of less than 25
feet or a horizontal clearance of less than
feet.
On a creek, stream, canal, or similar linear waterway if the waterway is less than 75
feet in width from shoreline to shoreline.
On a lake or pond of less than 10 acres in total surface area.
3. An ordinance establishing a vesselexclusion zone if the area
is:
a. Designated as a public bathing beach or swim area.
structure.
Municipalities and counties have the authority to establish by ordinance the
following other boatingrestricted areas:
An ordinance establishing an idle speed, no wake boatingrestricted area, if the area
is within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a
narrow channel or fairway, or such other area if an intervening obstruction to visibility
may obscure other vessels or other users of the waterway.
An ordinance establishing a slow speed, minimum wake, or numerical speed limit
boatingrestricted area if the area is:
a. Within 300 feet of a confluence of water bodies presenting a blind corner, a bend
in a narrow channel or fairway, or such other area if an intervening obstruction to
visibility may obscure other vessels or other users of the waterway.
b. Subject to unsafe levels of vessel traffic congestion.
Each such boatingrestricted area shall be developed in consultation and coordination
with the governing body of the county or municipality in which the boatingrestricted
area is located and, when the boatingrestricted area is to be on the navigable waters of
the United States, with the United States Coast Guard and the United States Army Corps
of Engineers.
It is unlawful for any person to operate a vessel in a
prohibited manner or to carry on any prohibited activity, as defined in this chapter, within
a boatingrestricted area which has been clearly marked by regulatory markers as
authorized under this chapter.
Restrictions in a boatingrestricted area established pursuant to this section shall not
apply in the case of an emergency or to a law enforcement, firefighting, or rescue vessel
owned or operated by a governmental entity.
327.461. Safety zones, security zones, regulated navigation areas, and naval
vessel protection zones; prohibited entry; penalties.
(a) A person may not knowingly operate a vessel, or authorize the operation of a
vessel, in violation of the restrictions of a safety zone, security zone, regulated navigation
area, or naval vessel protection zone as defined in and established pursuant to 33 C.F.R.
part 165.
The intent of this section is to provide for state and local law enforcement agencies to
operate in federally designated exclusion zones specified in paragraph (a). State and local
law enforcement personnel may enforce these zones at the request of a federal authority if
necessary to augment federal law enforcement efforts and if there is a compelling need to
protect the residents and infrastructure of this state. Requests for state and local law
enforcement personnel to enforce these zones must be made to the Department of Law
Enforcement through the Florida Mutual Aid Plan described in s. 23.1231.
A person who knowingly operates a vessel, or authorizes
the operation of a vessel, in violation of the restrictions of such a safety zone, security
zone, regulated navigation area, or naval vessel protection zone commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.
A person who continues to operate, or authorize the operation of, a vessel in violation
of the restrictions of such a safety zone, security zone, regulated navigation area, or naval
vessel protection zone after being warned against doing so, or who refuses to leave or
otherwise cease violating the restrictions of such a safety zone, security zone, regulated
navigation area, or naval vessel protection zone after having been ordered to do so by a
law enforcement officer or by competent military authority, commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who knowingly enters a safety zone, security zone, regulated navigation
area, or naval vessel protection zone by swimming, diving, wading, or other similar
means commits a misdemeanor of the first degree, punishable as provided in s. 775.082
or s. 775.083.
A person who remains within or reenters such a safety zone, security zone, regulated
navigation area, or naval vessel protection zone after being warned not to do so, or who
refuses to leave or otherwise cease violating such a safety zone, security zone, regulated
navigation area, or naval vessel protection zone after having been ordered to do so by a
law enforcement officer or by competent military authority, commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Each incursion into such a safety zone, security zone, regulated navigation area, or
naval vessel protection zone is considered a separate offense.
An entry into such a safety zone, security zone, regulated navigation area, or naval
vessel protection zone that has been authorized by the captain of the port or the captain’s
designee is not a violation of this section.
327.50. Vessel safety regulations; equipment and lighting requirements.
(a) The owner and operator of every vessel on the waters of this state shall carry,
store, maintain, and use safety equipment in accordance with current United States Coast
Guard safety equipment requirements as specified in the Code of Federal Regulations,
unless expressly exempted by the department.
A person may not operate a vessel less than 26 feet in length on the waters of this
state unless every person under 6 years of age on board the vessel is wearing a personal
flotation device currently approved by the United States Coast Guard and used in
accordance with the United States Coast Guard approval label while such vessel is
underway. For the purpose of this section, “underway” means at all times except when a
vessel is anchored, moored, made fast to the shore, or aground.
No person shall operate a vessel on the waters of this state unless said vessel is
equipped with properly serviceable lights and shapes required by the navigation rules.
The use of sirens or flashing, occulting, or revolving lights on any vessel is
prohibited, except as expressly provided in the
navigation rules or annexes thereto.
327.54. Liveries; safety regulations; penalty.
A livery may not knowingly lease, hire, or rent a vessel to any person:
When the number of persons intending to use the vessel exceeds the number
considered to constitute a maximum safety load for the vessel as specified on the
authorized persons capacity plate of the vessel.
When the horsepower of the motor exceeds the capacity of the vessel.
When the vessel does not contain the required safety equipment required under s.
327.50.
When the vessel is not seaworthy.
When the vessel is equipped with a motor of 10 horsepower or greater, unless the
livery provides prerental or preride instruction that includes, but need not be limited to:
Operational characteristics of the vessel to be rented.
Safe vessel operation and vessel rightofway.
The responsibility of the vessel operator for the safe and proper operation of the
vessel.
Local characteristics of the waterway where the vessel will be operated.
Any person delivering the information specified in this paragraph must have
successfully completed a boater safety
course approved by the National Association of State Boating Law Administrators and
this state.
Unless the livery displays boating safety information in a place visible to the renting
public. The commission shall prescribe by rule pursuant to chapter 120, the contents and
size of the boating safety information to be displayed.
A livery may not knowingly lease, hire, or rent any vessel powered by a motor of 10
horsepower or greater to any person who is required to comply with s. 327.395, unless
such person presents to the livery photographic identification and a valid boater safety
identification card as required under s. 327.395(1), or meets the exemption provided
under s. 327.395(6)(f).
If a vessel is unnecessarily overdue, the livery shall notify the proper authorities.
(a) A livery may not knowingly lease, hire, or rent a personal watercraft to any
person who is under 18 years of age.
A livery may not knowingly lease, hire, or rent a personal watercraft to any person
who has not received instruction in the safe handling of personal watercraft, in
compliance with rules established by the commission pursuant to chapter 120.
Any person receiving instruction in the safe handling of personal watercraft pursuant
to a program established by rule of the commission must provide the livery with a written
statement attesting to the same.
A livery may not lease, hire, or rent any personal watercraft or offer to lease, hire, or
rent any personal watercraft unless the livery first obtains and carries in full force and
effect a policy
from a licensed insurance carrier in this state, insuring against any accident, loss, injury,
property damage, or other casualty caused by or resulting from the operation of the
personal watercraft. The insurance policy shall provide coverage of at least $500,000 per
person and $1 million per event. The livery must have proof of such insurance available
for inspection at the location where personal watercraft are being leased, hired, or rented,
or offered for lease, hire, or rent, and shall provide to each renter the insurance carrier’s
name and address and the insurance policy number.
Any person convicted of violating this section commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
327.56. Safety and marine sanitation equipment
inspections; qualified.
No officer shall board any vessel to make a safety or marine sanitation equipment
inspection if the owner or operator is not aboard. When the owner or operator is aboard,
an officer may board a vessel with consent or when the officer has probable cause or
knowledge to believe that a violation of a provision of this chapter has occurred or is
occurring. An officer may board a vessel when the operator refuses or is unable to display
the safety or marine sanitation equipment required by law, if requested to do so by a law
enforcement officer, or when the safety or marine sanitation equipment to be inspected is
permanently installed and is not visible for inspection unless the officer boards the vessel.
Inspection of floating structures for compliance with this section shall be as provided
in s. 403.091.
327.58. Jurisdiction.
The safety regulations included under this chapter shall apply to all vessels, except as
specifically excluded, operating upon the waters of this state.
327.65. Muffling devices.
The exhaust of every internal combustion engine used on any vessel operated on the
waters of this state shall be effectively muffled by equipment so constructed and used as
to muffle the noise of the exhaust in a reasonable manner. The use of cutouts is
prohibited, except for vessels competing in a regatta or official boat race, and for such
vessels while on trial runs.
(a) Any county wishing to impose additional noise pollution and exhaust regulations
on vessels may, pursuant to s. 327.60(2), adopt by county ordinance the following
regulations:
No person shall operate or give permission for the operation of any vessel on the
waters of any county or on a specified portion of the waters of any county, including the
Florida Intracoastal Waterway, which has adopted the provisions of this section in such a
manner as to exceed the following sound levels at a distance of 50 feet from the vessel:
for all vessels, a maximum sound level of 90 dB A.
Any person who refuses to submit to a sound level test when requested to do so by a
law enforcement officer is guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
The following words and phrases, when used in this section,
shall have the meanings respectively assigned to them in this subsection.
“dB A” means the composite abbreviation for the Aweighted sound level and the
unit of sound level, the decibel.
“Sound level” means the Aweighted sound pressure level measured with fast
response using an instrument complying with the specification for sound level meters of
the American National Standards Institute, Inc., or its successor bodies, except that only a
weighting and fast dynamic response need be provided.
327.66. Carriage of gasoline on vessels.
(1) (a) A person shall not:
Possess or operate any vessel that has been equipped with tanks, bladders, drums, or
other containers designed or intended to hold gasoline, or install or maintain such
containers in a vessel, if such containers do not conform to federal regulations or have not
been approved by the United States Coast Guard by inspection or special permit.
Transport any gasoline in an approved portable container when the container is in a
compartment that is not ventilated in strict compliance with United States Coast Guard
regulations pertaining to ventilation of compartments containing gasoline tanks.
A person who violates paragraph (a) commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
(a) Gasoline possessed or transported in violation of this
section and all containers holding such gasoline are declared to be a public nuisance. A
law enforcement agency discovering gasoline possessed or transported in violation of
paragraph (1)(a) shall abate the nuisance by removing the gasoline and containers from
the vessel and from the waters of this state. A law enforcement agency that removes
gasoline or containers pursuant to this subsection may elect to:
Retain the property for the agency’s own use;
Transfer the property to another unit of state or local government;
Donate the property to a charitable organization; or
Sell the property at public sale pursuant to s. 705.103.
327.70. Enforcement of this chapter and chapter 328.
This chapter and chapter 328 shall be enforced by the Division of Law Enforcement
of the Fish and Wildlife Conservation Commission and its officers, the sheriffs of the
various counties and their deputies, municipal police officers, and any other law
enforcement officer as defined in s. 943.10, all of whom may order the removal of vessels
deemed to be an interference or a hazard to public safety, enforce the provisions of this
chapter and chapter 328, or cause any inspections to be made of all vessels in accordance
with this chapter and chapter 328.
(a) Upon demonstrated compliance with the safety equipment carriage and use
requirements of this chapter during a safety inspection initiated by a law enforcement
officer, the operator of a vessel shall be issued a safety inspection decal signifying that
the vessel is deemed to have met the safety equipment carriage and use requirements of
this chapter at the time and location of such inspection. The safety inspection decal, if
displayed, must be located within 6 inches of the inspected vessel’s properly displayed
vessel registration decal. For nonmotorized vessels that are not required to be registered,
the safety inspection decal, if displayed, must be located above the waterline on the
forward half of the port side of the vessel.
If a vessel properly displays a valid safety inspection decal created or approved by
the division, a law enforcement officer may not stop the vessel for the sole purpose of
inspecting the vessel for compliance with the safety equipment carriage and use
requirements of this chapter unless there is reasonable suspicion that a violation of a
safety equipment carriage or use requirement has occurred or is occurring. This
subsection does not restrict a law enforcement officer from stopping a vessel for any
other lawful purpose.
(a) Noncriminal violations of the following statutes may be enforced by a uniform
boating citation mailed to the registered
owner of an unattended vessel anchored, aground, or moored on the waters of this state:
Section 327.33(3)(b), relating to navigation rules.
Section 327.44, relating to interference with navigation.
Section 327.50(2), relating to required lights and shapes.
Section 327.53, relating to marine sanitation.
Section 328.48(5), relating to display of decal.
Section 328.52(2), relating to display of number.
Section 327.4107, relating to vessels at risk of becoming derelict.
Citations issued to livery vessels under this subsection shall be the responsibility of
the lessee of the vessel if the livery has included a warning of this responsibility as a part
of the rental agreement and has provided to the agency issuing the citation the name,
address, and date of birth of the lessee when requested by that agency. The livery is not
responsible for the payment of citations if the livery provides the required warning and
lessee information.
A noncriminal violation of s. 327.4108 may be enforced by a uniform boating
citation issued to the operator of a vessel unlawfully anchored in an anchoring limitation
area.
Such officers shall have the power and duty to issue such orders and to make such
investigations, reports, and arrests in connection with any violation of the provisions of
this chapter and chapter 328 as are necessary to effectuate the intent and purpose
of this chapter and chapter 328.
The Fish and Wildlife Conservation Commission or any other law enforcement
agency may make any investigation necessary to secure information required to carry out
and enforce the provisions of this chapter and chapter 328.
327.72. Penalties.
Any person failing to comply with the provisions of this chapter or chapter 328 not
specified in s. 327.73 or not paying the civil penalty specified in s. 327.73 within 30
days, except as otherwise provided in this chapter or chapter 328, commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
327.73. Noncriminal infractions.
Violations of the following provisions of the vessel laws of this state are noncriminal
infractions:
Section 328.46, relating to operation of unregistered and unnumbered vessels.
Section 328.48(4), relating to display of number and possession of registration
certificate.
Section 328.48(5), relating to display of decal.
Section 328.52(2), relating to display of number.
Section 328.54, relating to spacing of digits and letters of identification number.
Section 328.60, relating to military personnel and
registration of vessels.
Section 328.72(13), relating to operation with an expired registration.
Section 327.33(2), relating to careless operation.
Section 327.37, relating to water skiing, aquaplaning, parasailing, and similar
activities.
Section 327.44, relating to interference with navigation.
Violations relating to boatingrestricted areas and speed
limits:
Established by the commission or by local governmental authorities pursuant to s.
327.46.
Speed limits established pursuant to s. 379.2431(2).
Section 327.48, relating to regattas and races.
Section 327.50(1) and (2), relating to required safety equipment, lights, and shapes.
Section 327.65, relating to muffling devices.
Section 327.33(3)(b), relating to a violation of navigation
rules:
That does not result in an accident; or
That results in an accident not causing serious bodily injury or death, for which the
penalty is:
a. For a first offense, up to a maximum of $250.
b. For a second offense, up to a maximum of $750.
c. For a third or subsequent offense, up to a maximum of $1,000.
Section 327.39(1), (2), (3), and (5), relating to personal watercraft.
Section 327.53(1), (2), and (3), relating to marine sanitation.
Section 327.53(4), (5), and (7), relating to marine sanitation, for which the civil
penalty is $250.
Section 327.395, relating to boater safety education.
Section 327.52(3), relating to operation of overloaded or overpowered vessels.
Section 327.331, relating to diversdown warning devices, except for violations
meeting the requirements of s. 327.33.
Section 327.391(1), relating to the requirement for an adequate muffler on an airboat.
Section 327.391(3), relating to the display of a flag on an airboat.
Section 253.04(3)(a), relating to carelessly causing seagrass scarring, for which the
civil penalty upon conviction is:
For a first offense, $50.
For a second offense occurring within 12 months after a prior conviction, $250.
For a third offense occurring within 36 months after a prior conviction, $500.
For a fourth or subsequent offense occurring within 72
months after a prior conviction, $1,000.
Section 327.45, relating to protection zones for springs, for which the penalty is:
For a first offense, $50.
For a second offense occurring within 12 months after a prior conviction, $250.
For a third offense occurring within 36 months after a prior conviction, $500.
For a fourth or subsequent offense occurring within 72 months after a prior
conviction, $1,000.
Section 327.4108, relating to the anchoring of vessels in anchoring limitation areas,
for which the penalty is:
For a first offense, up to a maximum of $50.
For a second offense, up to a maximum of $100.
For a third or subsequent offense, up to a maximum of $250.
Section 327.4107, relating to vessels at risk of becoming derelict on waters of this
state, for which the civil penalty is:
For a first offense, $50.
For a second offense occurring 30 days or more after a first offense, $100.
For a third or subsequent offense occurring 30 days or more after a previous offense,
$250.
Any person cited for a violation of any provision of this subsection shall be deemed
to be charged with a noncriminal
infraction, shall be cited for such an infraction, and shall be cited to appear before the
county court. The civil penalty for any such infraction is $50, except as otherwise
provided in this section. Any person who fails to appear or otherwise properly respond to
a uniform boating citation shall, in addition to the charge relating to the violation of the
boating laws of this state, be charged with the offense of failing to respond to such
citation and, upon conviction, be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083. A written warning to this effect shall
be provided at the time such uniform boating citation is issued.
(2) Any person cited for an infraction under this section may:
Post a bond, which shall be equal in amount to the applicable civil penalty; or
Sign and accept a citation indicating a promise to appear.
The officer may indicate on the citation the time and location of the scheduled
hearing and shall indicate the applicable civil penalty.
Any person who willfully refuses to post a bond or accept and sign a summons is
guilty of a misdemeanor of the second degree.
Any person charged with a noncriminal infraction under this section may:
Pay the civil penalty, either by mail or in person, within 30 days of the date of
receiving the citation; or,
If he or she has posted bond, forfeit bond by not appearing
at the designated time and location.
If the person cited follows either of the above procedures, he or she shall be deemed
to have admitted the noncriminal infraction and to have waived the right to a hearing on
the issue of commission of the infraction. Such admission shall not be used as evidence in
any other proceedings. If a person who is cited for a violation of s. 327.395 can show a
boating safety identification card issued to that person and valid at the time of the
citation, the clerk of the court may dismiss the case and may assess a dismissal fee of up
to $10. If a person who is cited for a violation of s. 328.72(13) can show proof of having
a registration for that vessel which was valid at the time of the citation, the clerk may
dismiss the case and may assess the dismissal fee.
(5)(11) [Intentionally omitted.]
327.74. Uniform boating citations.
The commission shall prepare, and supply to every law enforcement agency in this
state which enforces the laws of this state regulating the operation of vessels, an
appropriate form boating citation containing a notice to appear (which shall be issued in
prenumbered books with citations in quintuplicate) and meeting the requirements of this
chapter or any laws of this state regulating boating, which form shall be consistent with
the state’s county court rules and the procedures established by the commission.
Courts, enforcement agencies, and the commission are jointly responsible to account
for all uniform boating citations in accordance with the procedures promulgated by the
commission.
Every law enforcement officer, upon issuing a boating citation to an alleged violator
of any provision of the boating laws of this state or any boating ordinance of any
municipality, shall deposit the original and one copy of such boating citation with a court
having jurisdiction over the alleged offense or with its traffic violations bureau within 5
days after issuance to the violator.
The chief administrative officer of every law enforcement agency shall require the
return to him or her of the commission record copy of every boating citation issued by an
officer under his or her supervision to an alleged violator of any boating law or ordinance
and all copies of every boating citation which has been spoiled or upon which any entry
has been made and not issued to an alleged violator.
Upon the deposit of the original and one copy of such boating citation with a court
having jurisdiction over the alleged offense or with its traffic violations bureau as
aforesaid, the original or copy of such boating citation may be disposed of only by trial in
the court or other official action by a judge of the court, including forfeiture of the bail, or
by the deposit of sufficient bail with, or payment of a fine to, the traffic violations bureau
by the person to whom such boating citation has been issued by the law enforcement
officer.
The chief administrative officer shall transmit, on a form approved by the
commission, the commission record copy of the uniform boating citation to the
commission within 5 days after submission of the original and one copy to the court. A
copy of such transmittal shall also be provided to the court having jurisdiction for
accountability purposes.
It is unlawful and official misconduct for any law enforcement officer or other officer
or public employee to dispose of a boating citation or copies thereof or of the record of
the issuance of the same in a manner other than as required in this section.
Such citations shall not be admissible evidence in any trial.
If a uniform boating citation has not been issued with respect to a criminal boating
offense, and the prosecution is by affidavit, information, or indictment, the prosecutor
shall direct the arresting officer to prepare a citation. In the absence of an arresting
officer, the prosecutor shall prepare the citation. For the purpose of this subsection, the
term “arresting officer” means the law enforcement officer who apprehended or took into
custody the alleged offender.
Upon final disposition of any alleged offense for which a uniform boating citation
has been issued, the court shall, within 10 days, certify said disposition to the
commission.
CHAPTER 328
VESSELS: TITLE CERTIFICATES; LIENS;
REGISTRATION
328.03. Certificate of title required.
Each vessel that is operated, used, or stored on the waters of this state must be titled
by this state pursuant to this chapter, unless it is:
A vessel operated, used, or stored exclusively on private lakes and ponds;
A vessel owned by the United States Government;
A nonmotorpowered vessel less than 16 feet in length;
A federally documented vessel;
A vessel already covered by a registration number in full force and effect which was
awarded to it pursuant to a federally approved numbering system of another state or by
the United States Coast Guard in a state without a federally approved numbering system,
if the vessel is not located in this state for a period in excess of 90 consecutive days;
A vessel from a country other than the United States temporarily used, operated, or
stored on the waters of this state for a period that is not in excess of 90 days;
An amphibious vessel for which a vehicle title is issued by the Department of
Highway Safety and Motor Vehicles;
A vessel used solely for demonstration, testing, or sales promotional purposes by the
manufacturer or dealer; or
A vessel owned and operated by the state or a political subdivision thereof.
A person shall not operate, use, or store a vessel for which a certificate of title is required
unless the owner has received from the Department of Highway Safety and Motor Vehicles a
valid certificate of title for such vessel. However, such vessel may be operated, used, or
stored for a period of up to 180 days after the date of application for a certificate of title while
the application is pending.
A person shall not sell, assign, or transfer a vessel titled by the state without delivering to
the purchaser or transferee a valid certificate of title with an assignment on it showing the
transfer of title to the purchaser or transferee. A person shall not purchase or otherwise
acquire a vessel required to be titled by the state without obtaining a certificate of title for the
vessel in his or her name. The purchaser or transferee shall, within 30 days after a change in
vessel ownership, file an application for a title transfer with the county tax collector. An
additional $10 fee shall be charged against the purchaser or transferee if he or she files a title
transfer application after the 30day period. The county tax collector shall be entitled to retain
$5 of the additional amount.
A certificate of title is prima facie evidence of the ownership of the vessel. A certificate
of title is good for the life of the vessel so long as the certificate is owned or held by the legal
holder. If a titled vessel is destroyed or abandoned, the owner, with the consent of any
recorded lienholders, shall, within 30 days after the destruction or abandonment, surrender to
the department for cancellation any and all title documents. If a titled vessel is insured and the
insurer has paid the owner for the total loss of the
vessel, the insurer shall obtain the title to the vessel and, within 30 days after receiving
the title, forward the title to the Department of Highway Safety and Motor Vehicles for
cancellation. The insurer may retain the certificate of title when payment for the loss was
made because of the theft of the vessel.
The Department of Highway Safety and Motor Vehicles shall provide labeled places
on the title where the seller’s price shall be indicated when a vessel is sold and where a
selling dealer shall record his or her valid sales tax certificate of registration number.
(a) The Department of Highway Safety and Motor Vehicles shall charge a fee of
$5.25 for issuing each certificate of title. The tax collector shall be entitled to retain $3.75
of the fee.
Beginning July 1, 1996, the Department of Highway Safety and Motor Vehicles shall
use security procedures, processes, and materials in the preparation and issuance of each
certificate of title to prohibit, to the extent possible, a person’s ability to alter, counterfeit,
duplicate, or modify the certificate.
The Department of Highway Safety and Motor Vehicles shall charge a fee of $4 in
addition to that charged in subsection
for each initial certificate of title issued for a vessel previously registered outside this
state.
The Department of Highway Safety and Motor Vehicles shall make regulations
necessary and convenient to carry out the provisions of this chapter.
328.05. Crimes relating to certificates of title to, or other indicia of
ownership of, vessels; penalties.
It is unlawful for any person to procure or attempt to procure a certificate of title or
duplicate certificate of title to a vessel, or to pass or attempt to pass a certificate of title or
duplicate certificate of title to a vessel or any assignment thereof, if such person knows or
has reason to believe that such vessel is stolen. Any person who violates any provision of
this subsection is guilty of a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
It is unlawful for any person, knowingly and with intent to defraud, to have in his or
her possession, sell, offer to sell, counterfeit, or supply a blank, forged, fictitious,
counterfeit, stolen, or fraudulently or unlawfully obtained certificate of title, duplicate
certificate of title, registration, bill of sale, or other indicia of ownership of a vessel or to
conspire to do any of the foregoing. Any person who violates any provision of this
subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
It is unlawful:
To alter or forge any certificate of title to a vessel or any assignment thereof or any
cancellation of any lien on a vessel.
To retain or use such certificate, assignment, or cancellation knowing that it has been
altered or forged.
To use a false or fictitious name, give a false or fictitious address, or make any false
statement in any application or affidavit required under the provisions of this chapter or
in a bill of sale or sworn statement of ownership or otherwise commit a fraud in any
application.
To knowingly obtain goods, services, credit, or money by means of an invalid,
duplicate, fictitious, forged, counterfeit, stolen, or unlawfully obtained certificate of title,
registration, bill of sale, or other indicia of ownership of a vessel.
To knowingly obtain goods, services, credit, or money by means of a certificate of
title to a vessel which certificate is required by law to be surrendered to the department.
Any person who violates any provision of this subsection is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A violation
of any provision of this subsection with respect to any vessel shall constitute such vessel
as contraband which may be seized by a law enforcement agency, or the division, and
which shall be subject to forfeiture pursuant to ss. 932.701932.704.
This section is not exclusive of any other penalties prescribed by any existing or
future laws for the larceny or unauthorized taking of vessels, but is supplementary
thereto.
328.07. Hull identification number required.
No person shall operate, use, or store on the waters of this state a vessel the
construction of which began after October 31, 1972, for which the department has issued
a certificate of title or which is required by law to be registered, unless the vessel displays
the assigned hull identification number affixed by the manufacturer as required by the
United States Coast Guard or by the department for a homemade vessel or other vessel
for which a hull identification number is not required by the United States Coast Guard.
The hull identification number must be carved,
burned, stamped, embossed, or otherwise permanently affixed to the outboard side of the
transom or, if there is no transom, to the outermost starboard side at the end of the hull
that bears the rudder or other steering mechanism, above the waterline of the vessel in
such a way that alteration, removal, or replacement would be obvious and evident. The
characters of the hull identification number must be no less than 12 in number and no less
than onefourth inch in height.
No person shall operate, use, or store on the waters of this state a vessel the
construction of which was completed before November 1, 1972, for which the
department has issued a certificate of title or which is required by law to be registered,
unless the vessel displays a hull identification number. The hull identification number
shall be clearly imprinted in the transom or on the hull by stamping, impressing, or
marking with pressure. In lieu of imprinting, the hull identification number may be
displayed on a plate in a permanent manner. A vessel for which the manufacturer has
provided no hull identification number or a homemade vessel shall be assigned a hull
identification number by the department which shall be affixed to the vessel pursuant to
this section.
(a) No person, firm, association, or corporation shall destroy, remove, alter, cover, or
deface the hull identification number or hull serial number, or plate bearing such number,
of any vessel, except to make necessary repairs which require the removal of the hull
identification number and immediately upon completion of such repairs shall reaffix the
hull identification number in accordance with subsection (2).
If any of the hull identification numbers required by the
United States Coast Guard for a vessel manufactured after October 31, 1972, do not exist
or have been altered, removed, destroyed, covered, or defaced or the real identity of the
vessel cannot be determined, the vessel may be seized as contraband property by a law
enforcement agency or the division, and shall be subject to forfeiture pursuant to ss.
932.701932.7062. Such vessel may not be sold or operated on the waters of the state
unless the division receives a request from a law enforcement agency providing adequate
documentation or is directed by written order of a court of competent jurisdiction to issue
to the vessel a replacement hull identification number which shall thereafter be used for
identification purposes. No vessel shall be forfeited under the Florida Contraband
Forfeiture Act when the owner unknowingly, inadvertently, or neglectfully altered,
removed, destroyed, covered, or defaced the vessel hull identification number.
(a) It is unlawful for any person to knowingly possess, manufacture, sell or exchange,
offer to sell or exchange, supply in blank, or give away any counterfeit manufacturer’s
vessel hull identification number plate or decal or any manufacturer’s vessel hull
identification plate or decal which is assigned to another vessel to be used for the purpose
of identification of any vessel; to authorize, direct, aid in exchange, or give away such
counterfeit manufacturer’s vessel hull identification number plate or decal or any
manufacturer’s vessel hull identification number plate or decal which is assigned to
another vessel; or to conspire to do any of the foregoing. However, nothing in this
subsection shall be applicable to any approved hull identification number plate or decal
issued as a replacement by the manufacturer, the
department, or another state.
It is unlawful for any person to knowingly buy, sell, offer for sale, receive, dispose
of, conceal, or have in his or her possession any vessel or part thereof on which the
assigned identification number has been altered, removed, destroyed, covered, or defaced
or maintain such vessel in any manner which conceals or misrepresents the true identity
of the vessel.
Any person who violates any provision of this subsection is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
The failure to have the hull identification number clearly displayed in compliance
with this section shall be probable cause for any Division of Law Enforcement officer or
other authorized law enforcement officer to make further inspection of the vessel in
question to ascertain the true identity thereof.
Each vessel manufactured after the effective date of this act for sale in the state shall
have a hull identification number displayed prior to sale or delivery for sale in accordance
with the regulations set forth in 33 C.F.R. part 181. The hull identification number shall
not be altered or replaced by the manufacturer or manufacturer’s representative for the
purpose of upgrading the model year of a vessel after being offered for sale or delivered
to any dealer.
No person or firm shall assign the same hull identification number to more than one
vessel.
328.13. Manufacturer’s statement of origin to be furnished.
Any person selling a new vessel in this state shall furnish a manufacturer’s statement
of origin to the purchaser of the vessel. The statement shall be signed and dated by an
authorized representative of the manufacturer and shall indicate the complete name and
address of the purchaser. The statement shall provide a complete description of the
vessel, which shall include, but is not limited to, the hull identification number, hull
length, hull material, type of propulsion, and model year of the vessel. The statement of
origin shall be in English or accompanied by an English translation if the vessel was
purchased outside the United States, and shall contain as many assignments thereon as
may be necessary to show title in the name of the purchaser.
It is unlawful for a vessel manufacturer, manufacturer’s representative, or dealer to
issue a manufacturer’s certificate of origin describing a vessel, knowing that such
description is false or that the vessel described does not exist or for any person to obtain
or attempt to obtain such manufacturer’s certificate of origin knowing the description is
false or having reason to believe the vessel does not exist. Any person who violates any
provision of this subsection is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
328.46. Operation of registered vessels.
Every vessel that is required to be registered and that is being operated, used, or
stored on the waters of this state shall be registered and numbered within 30 days after
purchase by the owner except as specifically exempt. During this 30day period, the
operator is required to have aboard the vessel and available for inspection a bill of sale.
The bill of sale for the vessel shall serve
as the temporary certificate of number that is required by federal law and must contain
the following information:
Make of the vessel.
Length of the vessel.
Type of propulsion.
Hull identification number.
A statement declaring Florida to be the state where the vessel is principally used.
Name of the purchaser.
Address of the purchaser, including ZIP code.
Signature of the purchaser.
Name of the seller.
Signature of the seller.
Date of the sale of the vessel. The date of sale shall also serve as the date of issuance
of the temporary certificate of number.
Notice to the purchaser and operator that the temporary authority to use the vessel on
the waters of this state is invalid after 30 days following the date of sale of the vessel.
No person shall operate, use, or store or give permission for the operation, use, or
storage of any such vessel on such waters unless:
Such vessel is registered within 30 days after purchase by the owner and numbered
with the identifying number set forth in
the certificate of registration, displayed:
In accordance with s. 328.48(4), except, if the vessel is an airboat, the registration
number may be displayed on each side of the rudder; or
In accordance with 33 C.F.R. s. 173.27, or with a federally approved numbering
system of another state; and
The certificate of registration or temporary certificate of number awarded to such
vessel is in full force and effect.
328.48. Vessel registration, application, certificate, number, decal, duplicate
certificate.
(a) The owner of each vessel required by this law to pay a registration fee and secure
an identification number shall file an application with the county tax collector. The
application shall provide the owner’s name and address; residency status; personal or
business identification; and a complete description of the vessel, and shall be
accompanied by payment of the applicable fee required in s. 328.72. An individual
applicant must provide a valid driver license or identification card issued by this state or
another state or a valid passport. A business applicant must provide a federal employer
identification number, if applicable, verification that the business is authorized to conduct
business in the state, or a Florida city or county business license or number. Registration
is not required for any vessel that is not used on the waters of this state.
For purposes of registration, the owner may establish proof of ownership of the
vessel by submitting with his or her application an executed bill of sale, a builder’s
contract, a
manufacturer’s statement of origin, a federal marine document, or any other document
acceptable to the Department of Highway Safety and Motor Vehicles and presented at the
time of registration to the agency issuing the registration certificate.
Each vessel operated, used, or stored on the waters of this state must be registered as
a commercial vessel or recreational vessel as defined in s. 327.02, unless it is:
A vessel operated, used, and stored exclusively on private lakes and ponds;
A vessel owned by the United States Government;
A vessel used exclusively as a ship’s lifeboat; or
A nonmotorpowered vessel less than 16 feet in length or a nonmotorpowered
canoe, kayak, racing shell, or rowing scull, regardless of length.
The Department of Highway Safety and Motor Vehicles shall issue certificates of
registration and numbers for city, county, and stateowned vessels, charging only the
service fees required in s. 328.72(7) and (8), provided the vessels are used for purposes
other than recreation.
Each certificate of registration issued shall state among other items the numbers
awarded to the vessel, the hull identification number, the name and address of the owner,
and a description of the vessel, except that certificates of registration for vessels
constructed or assembled by the owner registered for the first time shall state all the
foregoing information except the hull identification number. The numbers shall be placed
on each side of the forward half of the vessel in such position as to provide
clear legibility for identification, except, if the vessel is an airboat, the numbers may be
placed on each side of the rudder. The numbers awarded to the vessel shall read from left
to right and shall be in block characters of good proportion not less than 3 inches in
height. The numbers shall be of a solid color which will contrast with the color of the
background and shall be so maintained as to be clearly visible and legible; i.e., dark
numbers on a light background or light numbers on a dark background. The certificate of
registration shall be pocketsized and shall be available for inspection on the vessel for
which issued whenever such vessel is in operation.
A decal signifying the year or years during which the certificate is valid shall be
furnished by the Department of Highway Safety and Motor Vehicles with each
registration certificate issued. The decal issued to an undocumented vessel shall be
displayed by affixing it to the port (left) side of the vessel within 6 inches before or after
the registration number. The decal issued to a documented vessel shall be placed on the
port (left) side of the vessel and may be affixed to a window or the windshield on the port
(left) side of the vessel in lieu of being placed on the hull. A decal issued to a dealer shall
be affixed, with the registration number, to a removable sign pursuant to s. 328.52(2).
Any decal for a previous year shall be removed from a vessel operating on the waters of
the state.
When a vessel decal has been stolen, the owner of the vessel for which the decal was
issued shall make application to the department for a replacement. The application shall
contain the decal number being replaced and a statement that the item was stolen. If the
application includes a copy of the police report
prepared in response to a report of a stolen decal, such decal shall be replaced at no
charge.
Any decal lost in the mail may be replaced at no charge. The service charge shall not
be applied to this replacement; however, the application for a replacement shall contain a
statement of such fact, the decal number, and the date issued.
Anyone guilty of falsely certifying any facts relating to application, certificate,
transfer, number, decal, duplicate, or replacement certificates or any information required
under this section shall be punished as provided under this chapter.
328.52. Special manufacturers’ and dealers’ number.
The description of a vessel used for demonstration, sales promotional, or testing
purposes by a manufacturer or dealer shall be omitted from the certificate of registration.
In lieu of the description, the word “manufacturer” or “dealer,” as appropriate, shall be
plainly marked on the certificate.
The manufacturer or dealer shall have the number awarded printed upon or attached
to a removable sign or signs to be temporarily but firmly mounted upon or attached to the
vessel being demonstrated, promoted, or tested so long as the display meets the
requirements of this chapter.
A dealer registration shall not be issued to a manufacturer or a dealer pursuant to this
chapter unless he or she provides to the county tax collector a copy of his or her current
sales tax certificate of registration, if such certificate is required, from the Department of
Revenue and a copy of his or her current commercial or occupational business license if
such license is
required by the local governmental entity in which the manufacturer or dealer operates a
vessel.
A manufacturer or dealer shall not use or authorize the use of any vessel registered
pursuant to this section for other than demonstration, sales promotional, or testing
purposes. Such vessel shall not be used for any commercial or other use not specifically
authorized by this section.
328.54. Federal numbering system adopted.
Each vessel that is operated, used, or stored on the waters of this state must display a
commercial or recreational Florida registration number, unless it is:
A vessel operated, used, and stored exclusively on private lakes and ponds;
A vessel owned by the United States Government;
A vessel used exclusively as a ship’s lifeboat;
A nonmotorpowered vessel less than 16 feet in length or a nonmotorpowered
canoe, kayak, racing shell, or rowing scull, regardless of length;
A federally documented vessel;
A vessel already covered by a registration number in full force and effect which has
been awarded to it pursuant to a federally approved numbering system of another state or
by the United States Coast Guard in a state without a federally approved numbering
system, if the vessel has not been within this state for a period in excess of 90 consecutive
days;
A vessel operating under a valid temporary certificate of number;
A vessel from a country other than the United States temporarily using the waters of
this state; or
An undocumented vessel used exclusively for racing.
328.58. Reciprocity of nonresident or alien vessels.
The owner of any vessel already covered by a registration number in full force and
effect which has been awarded by:
Another state pursuant to a federally approved numbering system of another state;
The United States Coast Guard in a state without a federally approved numbering
system; or
The United States Coast Guard for a federally documented vessel with a valid
registration in full force and effect from another state,
shall record the number with the Department of Highway Safety and Motor Vehicles
prior to operating, using, or storing the vessel on the waters of this state in excess of the
90day reciprocity period provided for in this chapter. Such recordation shall be pursuant
to the procedure required for the award of an original registration number, except that no
additional or substitute registration number shall be issued if the vessel owner maintains
the previously awarded registration number in full force and effect.
328.60. Military personnel; registration; penalties.
328.62. Only authorized number to be used.
No number other than the number awarded to a vessel or granted reciprocity pursuant
to this chapter shall be painted, attached, or otherwise displayed on either side of the bow
of such vessel.
328.64. Change of interest and address.
The owner shall furnish the Department of Highway Safety and Motor Vehicles
notice of the transfer of all or any part of his or her interest in a vessel registered or titled
in this state pursuant to this chapter or of the destruction or abandonment of such vessel,
within 30 days thereof, on a form prescribed by the department. Such transfer,
destruction, or abandonment shall terminate the certificate for such vessel, except that in
the case of a transfer of a part interest which does not affect the owner’s right to operate
such vessel, such transfer shall not terminate the certificate. The department shall provide
the form for such notice and shall attach the form to every vessel title issued or reissued.
Any holder of a certificate of registration shall notify the Department of Highway
Safety and Motor Vehicles or the county tax collector within 30 days, if his or her
address no longer conforms to the address appearing on the certificate and shall, as a part
of such notification, furnish the department or such county
tax collector with the new address. The department shall provide in its rules and
regulations for the surrender of the certificate bearing the former address and its
replacement with a certificate bearing the new address or for the alteration of an
outstanding certificate to show the new address of the holder.
328.78. Crimes relating to registration decals; penalties.
It is unlawful for any person to make, alter, forge, counterfeit, or reproduce a Florida
registration decal unless authorized by the Department of Highway Safety and Motor
Vehicles.
It is unlawful for any person knowingly to have in his or her possession a forged,
counterfeit, or imitation Florida registration decal, or reproduction of a decal, unless
possession by such person has been duly authorized by the Department of Highway
Safety and Motor Vehicles.
It is unlawful for any person to barter, trade, sell, supply, agree to supply, aid in
supplying, or give away a Florida registration decal or to conspire to barter, trade, sell,
supply, agree to supply, aid in supplying, or give away a registration decal, unless duly
authorized to issue the decal by the Department of Highway Safety and Motor Vehicles,
as provided in this chapter or in rules of the department.
Any person who violates any of the provisions of this section is guilty of a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
CHAPTER 329
AIRCRAFT: TITLE; REGISTRATION; LIENS
329.01. Recording instruments affecting civil aircraft.
No instrument which affects the title to or interest in any civil aircraft of the United
States, or any portion thereof, is valid in respect to such aircraft, or portion thereof,
against any person, other than the person by whom the instrument is made or given, the
person’s heirs or devisee, and any person having actual notice thereof, until such
instrument is recorded in the office of the Federal Aviation Administrator of the United
States, or such other office as is designated by the laws of the United States as the one in
which such instruments should be filed. Every such instrument so recorded in such office
is valid as to all persons without further recordation in any office of this state. Any
instrument required to be recorded by the provisions of this section takes effect from the
date of its recordation and not from the date of its execution.
329.10. Aircraft registration.
It is unlawful for any person in this state to knowingly have in his or her possession
an aircraft that is not registered in accordance with the regulations of the Federal Aviation
Administration contained in Title 14, chapter 1, parts 4749 of the Code of Federal
Regulations.
Any aircraft in or operated in this state that is found to be registered to a nonexistent
person, firm, or corporation or to a firm, business, or corporation which is no longer a
legal entity is in violation of this section. Any firm, business, or corporation that has no
physical location or corporate officers or that has lapsed
into an inactive state or been dissolved by order of the Secretary of State for a period of at
least 90 days with no documented attempt to reinstate the firm, business, or corporation
or to register its aircraft in the name of a real person or legal entity in accordance with
Federal Aviation Administration regulations is in violation of this section.
A person who knowingly supplies false information to a governmental entity in
regard to the name, address, business name, or business address of the owner of an
aircraft in or operated in the state is in violation of this section.
It is a violation of this section for any person or corporate entity to knowingly supply
false information to any governmental entity in regard to ownership by it or another firm,
business, or corporation of an aircraft in or operated in this state if it is determined that
such corporate entity or other firm, business, or corporation:
Is not, or has never been, a legal entity in this state;
Is not, or has never been, a legal entity in any other state; or
Has lapsed into a state of no longer being a legal entity in this state as defined in part
I of chapter 607 or s. 865.09, and no documented attempt has been made to correct such
information with the governmental entity for a period of 90 days after the date on which
such lapse took effect with the Secretary of State.
This section does not apply to any aircraft registration or information supplied by a
governmental entity in the course and scope of performing its lawful duties.
(a) A violation of this section shall be deemed a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any violation of this section shall constitute the aircraft to which it relates as
contraband, and said aircraft may be seized as contraband by a law enforcement agency
and shall be subject to forfeiture pursuant to ss. 932.701932.704.
329.11. Aircraft identification numbers; penalties.
(a) It is unlawful for any person, firm, association, or corporation to knowingly buy,
sell, offer for sale, receive, dispose of, conceal, or have in his or her possession, or to
endeavor to buy, sell, offer for sale, receive, dispose of, conceal, or possess, any aircraft
or part thereof on which the assigned identification numbers do not meet the
requirements of the federal aviation regulations.
If any of the identification numbers required by this subsection have been knowingly
omitted, altered, removed, destroyed, covered, or defaced, or the real identity of the
aircraft cannot be determined due to an intentional act of the owner or possessor, the
aircraft may be seized as contraband property by a law enforcement agency and shall be
subject to forfeiture pursuant to ss. 932.701932.704. Such aircraft may not be knowingly
sold or operated from any airport, landing field, or other property or body of water where
aircraft may land or take off in this state unless the Federal Aviation Administration has
issued the aircraft a replacement identification number which shall thereafter be used for
identification purposes.
It is unlawful for any person to knowingly possess,
manufacture, sell or exchange, offer to sell or exchange, supply in blank, or give away
any counterfeit manufacturer’s aircraft identification number plate or decal used for the
purpose of identification of any aircraft; to authorize, direct, aid in exchange, or give
away such counterfeit manufacturer’s aircraft identification number plate or decal; or to
conspire to do any of the foregoing.
Any person who violates any provision of this subsection is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
The failure to have aircraft identification numbers clearly displayed on the aircraft
and in compliance with federal aviation regulations is probable cause for any law
enforcement officer in this state to make further inspection of the aircraft in question to
ascertain its true identity. A law enforcement officer is authorized to inspect an aircraft
for identification numbers:
When it is located on public property; or
Upon consent of the owner of the private property on which the aircraft is stored.
CHAPTER 339
TRANSPORTATION FINANCE AND PLANNING
339.28. Willful and malicious damage to boundary marks, guideposts,
lampposts, etc. on transportation facility.
Any person who willfully and maliciously damages, removes, or destroys any
milestone, mileboard, or guideboard erected upon a highway or other public
transportation facility, or willfully and maliciously defaces or alters the inscription on any
such marker, or breaks or removes any lamp or lamppost or railing or post erected on any
transportation facility, is guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
Any person who violates the provisions of subsection (1) is civilly liable to the
department for the actual damages which he or she caused, which damages may be
recovered by suit and, when collected, shall be paid into the State Treasury to the credit
of the State Transportation Trust Fund.
CHAPTER 365
USE OF TELEPHONES AND FACSIMILE MACHINES
365.16. Obscene or harassing telephone calls.
(1) Whoever:
Makes a telephone call to a location at which the person receiving the call has a
reasonable expectation of privacy; during such call makes any comment, request,
suggestion, or proposal which is obscene, lewd, lascivious, filthy, vulgar, or indecent; and
by such call or such language intends to offend, annoy, abuse, threaten, or harass any
person at the called number;
Makes a telephone call, whether or not conversation ensues, without disclosing his or
her identity and with intent to annoy, abuse, threaten, or harass any person at the called
number;
Makes or causes the telephone of another repeatedly or continuously to ring, with
intent to harass any person at the called number; or
Makes repeated telephone calls, during which conversation ensues, solely to harass
any person at the called number,
is guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
Whoever knowingly permits any telephone under his or her control to be used for any
purpose prohibited by this section is guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
Each telephone directory hereafter published for
distribution to the members of the general public shall contain a notice which explains
this law; such notice shall be printed in type which is no smaller than the smallest type on
the same page and shall be preceded by the word “warning.” The provisions of this
section shall not apply to directories solely for business advertising purposes, commonly
known as classified directories.
Each telephone company in this state shall cooperate with the law enforcement
agencies of this state in using its facilities and personnel to detect and prevent violations
of this section.
Nothing contained in this section shall apply to telephone calls made in good faith in
the ordinary course of business or commerce.
365.172. Emergency communications number “E911.”
SHORT TITLE.—This section may be cited as the “Emergency Communications
Number E911 Act.”
(2)(13) [Intentionally omitted.]
MISUSE OF 911 OR E911 SYSTEM; PENALTY.—911 and E911 service must be
used solely for emergency communications by the public. Any person who accesses the
number 911 for the purpose of making a false alarm or complaint or reporting false
information that could result in the emergency response of any public safety agency; any
person who knowingly uses or attempts to use such service for a purpose other than
obtaining public safety assistance; or any person who knowingly uses or attempts to use
such service in an effort to avoid any charge for service, commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083. After being
convicted of unauthorized use of such service four times, a person who continues to
engage in such unauthorized use commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. In addition, if the value of the service or
the service charge obtained in a manner prohibited by this subsection exceeds $100, the
person committing the offense commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(15) [Intentionally omitted.]
CHAPTER 379
FISH AND WILDLIFE CONSERVATION
379.305. Rules and regulations; penalties.
The Fish and Wildlife Conservation Commission may prescribe such other rules and
regulations as it may deem necessary to prevent the escape of venomous reptiles or
reptiles of concern, either in connection of construction of such cages or otherwise to
carry out the intent of ss. 379.372379.374.
A person who knowingly releases a nonnative venomous reptile or reptile of concern
to the wild or who through gross negligence allows a nonnative venomous reptile or
reptile of concern to escape commits a Level Three violation, punishable as provided in s.
379.4015.
379.3762. Personal possession of wildlife.
It is unlawful for any person or persons to possess any wildlife as defined in this act,
whether native to Florida or not, until she or he has obtained a permit as provided by this
section from the Fish and Wildlife Conservation Commission.
The classifications of types of wildlife and fees to be paid for permits for the
personal possession of wildlife shall be as follows:
Class I—Wildlife which, because of its nature, habits, or status, shall not be
possessed as a personal pet.
Class II—Wildlife considered to present a real or potential threat to human safety, the
sum of $140 per annum.
Class III—All other wildlife not included in Class I or Class II, for which a nocost
permit must be obtained from the commission.
Any person, firm, corporation, or association exhibiting or selling wildlife and being
duly permitted as provided by s. 379.304 shall be exempt from the fee requirement to
receive a permit under this section.
This section shall not apply to the possession, control, care, and maintenance of
ostriches, emus, rheas, and bison domesticated and confined for commercial farming
purposes, except those kept and maintained on hunting preserves or game farms or
primarily for exhibition purposes in zoos, carnivals, circuses, and other such
establishments where such species are kept primarily for display to the public.
A person who violates this section is punishable as provided in s. 379.4015.
379.401. Penalties and violations; civil penalties for noncriminal
infractions; criminal penalties; suspension and forfeiture of licenses and
permits.
(1) LEVEL ONE VIOLATIONS.—
A person commits a Level One violation if he or she violates any of the following
provisions:
Rules or orders of the commission relating to the filing of reports or other documents
required to be filed by persons who hold any recreational licenses and permits or any
alligator licenses and permits issued by the commission.
Rules or orders of the commission relating to quota hunt permits, daily use permits,
hunting zone assignments, camping, alcoholic beverages, vehicles, and check stations
within wildlife management areas or other areas managed by the commission.
Rules or orders of the commission relating to daily use permits, alcoholic beverages,
swimming, possession of firearms, operation of vehicles, and watercraft speed within fish
management areas managed by the commission.
Rules or orders of the commission relating to vessel size or specifying motor
restrictions on specified water bodies.
Rules or orders of the commission requiring the return of unused CITES tags issued
under the Statewide Alligator Harvest Program or the Statewide Nuisance Alligator
Program.
Section 379.3003, prohibiting deer hunting unless required clothing is worn.
Section 379.354(1)(15), providing for recreational licenses to hunt, fish, and trap.
Section 379.3581, providing hunter safety course requirements.
A person who commits a Level One violation commits a noncriminal infraction and
shall be cited to appear before the county court.
1. The civil penalty for committing a Level One violation involving the license and
permit requirements of s. 379.354 is $50 plus the cost of the license or permit, unless
subparagraph 2. applies. Alternatively, except for a person who violates s.
379.354(6), (7), or (8)(f) or (h), a person who violates the license and permit
requirements of s. 379.354 and is subject to the penalties of this subparagraph may
purchase the license or permit, provide proof of such license or permit, and pay a civil
penalty of $50.
The civil penalty for committing a Level One violation involving the license and
permit requirements of s. 379.354 is $250 plus the cost of the license or permit if the
person cited has previously committed the same Level One violation within the preceding
36 months. Alternatively, except for a person who violates s. 379.354(6), (7), or (8)(f) or
(h), a person who violates the license and permit requirements of s. 379.354 and is
subject to the penalties of this subparagraph may purchase the license or permit, provide
proof of such license or permit, and pay a civil penalty of $250.
1. The civil penalty for any other Level One violation is $50 unless subparagraph 2.
applies.
The civil penalty for any other Level One violation is $250 if the person cited has
previously committed the same Level One violation within the preceding 36 months.
A person cited for a Level One violation shall sign and accept a citation to appear
before the county court. The issuing officer may indicate on the citation the time and
location of the scheduled hearing and shall indicate the applicable civil penalty.
A person cited for a Level One violation may pay the civil penalty, and, if applicable,
provide proof of the license or permit required under s. 379.354 by mail or in person
within 30 days after receipt of the citation. If the civil penalty is paid, the person
shall be deemed to have admitted committing the Level One violation and to have waived
his or her right to a hearing before the county court. Such admission may not be used as
evidence in any other proceedings except to determine the appropriate fine for any
subsequent violations.
A person who refuses to accept a citation, who fails to pay the civil penalty for a
Level One violation, or who fails to appear before a county court as required commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
A person who elects to appear before the county court or who is required to appear
before the county court shall be deemed to have waived the limitations on civil penalties
provided under paragraphs (c) and (d). After a hearing, the county court shall determine if
a Level One violation has been committed, and if so, may impose a civil penalty of not
less than $50 for a firsttime violation, and not more than $500 for subsequent violations.
A person found guilty of committing a Level One violation may appeal that finding to the
circuit court. The commission of a violation must be proved beyond a reasonable doubt.
A person cited for violating the requirements of s. 379.354 relating to personal
possession of a license or permit may not be convicted if, before or at the time of a
county court hearing, the person produces the required license or permit for verification
by the hearing officer or the court clerk. The license or permit must have been valid at the
time the person was cited. The clerk or hearing officer may assess a $10 fee for costs
under this paragraph.
(2) LEVEL TWO VIOLATIONS.—
A person commits a Level Two violation if he or she violates any of the following
provisions:
Rules or orders of the commission relating to seasons or time periods for the taking
of wildlife, freshwater fish, or saltwater fish.
Rules or orders of the commission establishing bag, possession, or size limits or
restricting methods of taking wildlife, freshwater fish, or saltwater fish.
Rules or orders of the commission prohibiting access or otherwise relating to access
to wildlife management areas or other areas managed by the commission.
Rules or orders of the commission relating to the feeding of saltwater fish.
Rules or orders of the commission relating to landing requirements for freshwater
fish or saltwater fish.
Rules or orders of the commission relating to restricted hunting areas, critical wildlife
areas, or bird sanctuaries.
Rules or orders of the commission relating to tagging requirements for wildlife and
furbearing animals.
Rules or orders of the commission relating to the use of dogs for the taking of
wildlife.
Rules or orders of the commission which are not otherwise classified.
Rules or orders of the commission prohibiting the unlawful use of traps, unless
otherwise provided by law.
Rules or orders of the commission requiring the maintenance of records relating to
alligators.
Rules or orders of the commission requiring the return of unused CITES tags issued
under an alligator program other than the Statewide Alligator Harvest Program or the
Statewide Nuisance Alligator Program.
All requirements or prohibitions under this chapter which are not otherwise
classified.
Section 379.105, prohibiting the intentional harassment of hunters, fishers, or
trappers.
Section 379.2421, relating to fishers and equipment.
Section 379.2425, relating to spearfishing.
Section 379.29, prohibiting the contamination of fresh waters.
Section 379.295, prohibiting the use of explosives and other substances or force in
fresh waters.
Section 379.3502, prohibiting the loan or transfer of a license or permit and the use
of a borrowed or transferred license or permit.
Section 379.3503, prohibiting false statements in an application for a license or
permit.
Section 379.3504, prohibiting entering false information on licenses or permits.
Section 379.3511, relating to the sale of hunting, fishing, and trapping licenses and
permits by subagents.
Section 379.357(3), prohibiting the taking, killing, or possession of tarpon without
purchasing a tarpon tag.
Section 379.363, relating to freshwater fish dealer licenses.
Section 379.364, relating to fur and hide dealer licenses.
Section 379.365(2)(b), prohibiting the theft of stone crab trap contents or trap gear.
Section 379.366(4)(b), prohibiting the theft of blue crab trap contents or trap gear.
Section 379.3671(2)(c), except s. 379.3671(2)(c)5., prohibiting the theft of spiny
lobster trap contents or trap gear.
Section 379.3751, relating to licenses for the taking and possession of alligators.
Section 379.3752, relating to tagging requirements for alligators and hides.
Section 379.413, prohibiting the unlawful taking of bonefish.
1. A person who commits a Level Two violation but who has not been convicted of a
Level Two or higher violation within the past 3 years commits a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083.
Unless the stricter penalties in subparagraph 3. or subparagraph 4. apply, a person
who commits a Level Two violation within 3 years after a previous conviction for a
Level Two or higher violation commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083, with a
minimum mandatory fine of $250.
Unless the stricter penalties in subparagraph 4. apply, a person who commits a Level
Two violation within 5 years after two previous convictions for a Level Two or higher
violation, commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083, with a minimum mandatory fine of $500 and a suspension of any
recreational license or permit issued under s. 379.354 for 1 year. Such suspension shall
include the suspension of the privilege to obtain such license or permit and the
suspension of the ability to exercise any privilege granted under any exemption in s.
379.353.
A person who commits a Level Two violation within 10 years after three previous
convictions for a Level Two or higher violation commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083, with a minimum mandatory
fine of $750 and a suspension of any recreational license or permit issued under s.
379.354 for 3 years. Such suspension shall include the suspension of the privilege to
obtain such license or permit and the suspension of the ability to exercise any privilege
granted under s. 379.353. If the recreational license or permit being suspended was an
annual license or permit, any privileges under ss. 379.353 and 379.354 may not be
acquired for a 3year period following the date of the violation.
(3) LEVEL THREE VIOLATIONS.—
A person commits a Level Three violation if he or she violates any of the following
provisions:
Rules or orders of the commission prohibiting the sale of saltwater fish.
Rules or orders of the commission prohibiting the illegal importation or possession
of exotic marine plants or animals.
Section 379.28, prohibiting the importation of freshwater
fish.
Section 379.3014, prohibiting the illegal sale or possession of alligators.
Section 379.354(17), prohibiting the taking of game, freshwater fish, or saltwater fish
while a required license is suspended or revoked.
Section 379.357(4), prohibiting the sale, transfer, or purchase of tarpon.
Section 379.404(1), (3), and (6), prohibiting the illegal taking and possession of deer
and wild turkey.
Section 379.406, prohibiting the possession and transportation of commercial
quantities of freshwater game fish.
Section 379.407(2), establishing major violations.
Section 379.407(4), prohibiting the possession of certain finfish in excess of
recreational daily bag limits.
1. A person who commits a Level Three violation but who has not been convicted of
a Level Three or higher violation within the past 10 years commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083.
A person who commits a Level Three violation within 10 years after a previous
conviction for a Level Three or higher violation commits a misdemeanor of the first
degree, punishable
as provided in s. 775.082 or s. 775.083, with a minimum mandatory fine of $750 and a
suspension of any recreational license or permit issued under s. 379.354 for the remainder
of the period for which the license or permit was issued up to 3 years. Such suspension
shall include the suspension of the privilege to obtain such license or permit and the
ability to exercise any privilege granted under s. 379.353. If the recreational license or
permit being suspended was an annual license or permit, any privileges under ss. 379.353
and 379.354 may not be acquired for a 3year period following the date of the violation.
A person who commits a violation of s. 379.354(17) shall receive a mandatory fine of
$1,000. Any privileges under ss. 379.353 and 379.354 may not be acquired for a 5year
period following the date of the violation.
(4) LEVEL FOUR VIOLATIONS.—
A person commits a Level Four violation if he or she violates any of the following
provisions:
Section 379.354(16), prohibiting the making, forging, counterfeiting, or reproduction
of a recreational license or the possession of same without authorization from the
commission.
Section 379.365(2)(c), prohibiting criminal activities relating to the taking of stone
crabs.
Section 379.366(4)(c), prohibiting criminal activities relating to the taking and
harvesting of blue crabs.
Section 379.367(4), prohibiting the willful molestation of spiny lobster gear.
Section 379.3671(2)(c)5., prohibiting the unlawful reproduction, possession, sale,
trade, or barter of spiny lobster trap tags or certificates.
Section 379.404(5), prohibiting the sale of illegallytaken deer or wild turkey.
Section 379.405, prohibiting the molestation or theft of freshwater fishing gear.
Section 379.409, prohibiting the unlawful killing, injuring, possessing, or capturing
of alligators or other crocodilia or their eggs.
Section 379.411, prohibiting the intentional killing or wounding of any species
designated as endangered, threatened, or of special concern.
Section 379.4115, prohibiting the killing of any Florida or wild panther.
A person who commits a Level Four violation commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(5) ILLEGAL ACTIVITIES WHILE COMMITTING TRESPASS.—In addition to
any other penalty provided by law, a person who violates the criminal provisions of this
chapter or rules or orders of the commission by illegally killing, taking, possessing, or
selling fish and wildlife in or out of season while violating chapter 810 shall pay a fine of
$500 for each such violation, plus court costs and any restitution ordered by the court. All
fines collected under this subsection shall be remitted by the clerk of the court to the
Department of Revenue to be deposited
into the State Game Trust Fund.
379.4015. Nonnative and captive wildlife penalties.
LEVEL ONE.—Unless otherwise provided by law, the following classifications and
penalties apply:
A person commits a Level One violation if he or she violates any of the following
provisions:
Rules or orders of the commission requiring free permits or other authorizations to
possess captive wildlife.
Rules or orders of the commission relating to the filing of reports or other documents
required of persons who are licensed to possess captive wildlife.
Rules or orders of the commission requiring permits to possess captive wildlife for
which a fee is charged, when the person being charged was issued the permit and the
permit has expired less than 1 year prior to the violation.
Any person cited for committing any offense classified as a Level One violation
commits a noncriminal infraction, punishable as provided in this section.
Any person cited for committing a noncriminal infraction specified in paragraph (a)
shall be cited to appear before the county court. The civil penalty for any noncriminal
infraction is $50 if the person cited has not previously been found guilty of a Level One
violation and $250 if the person cited has previously been found guilty of a Level One
violation, except as otherwise provided in this subsection. Any person cited for failing to
have a required permit or license shall pay an additional civil penalty in the amount of the
license fee required.
Any person cited for an infraction under this subsection
may:
Post a bond, which shall be equal in amount to the applicable civil penalty; or
Sign and accept a citation indicating a promise to appear before the county court. The
officer may indicate on the citation the time and location of the scheduled hearing and
shall indicate the applicable civil penalty.
Any person charged with a noncriminal infraction under this subsection may:
Pay the civil penalty, either by mail or in person, within 30 days after the date of
receiving the citation; or
If the person has posted bond, forfeit bond by not appearing at the designated time
and location.
If the person cited follows either of the procedures in subparagraph (e)1. or
subparagraph (e)2., he or she shall be deemed to have admitted the infraction and to have
waived his or her right to a hearing on the issue of commission of the infraction.
Such admission shall not be used as evidence in any other proceedings except to
determine the appropriate fine for any subsequent violations.
Any person who willfully refuses to post bond or accept and sign a summons
commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083. Any person who fails to pay the civil penalty specified in this subsection within
30 days after being cited for a noncriminal infraction or to appear before the court
pursuant to this subsection commits a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
Any person electing to appear before the county court or who is required to appear
shall be deemed to have waived the limitations on the civil penalty specified in paragraph
(c). The court, after a hearing, shall make a determination as to whether an infraction has
been committed. If the commission of an infraction has been proven, the court may
impose a civil penalty not less than those amounts in paragraph (c) and not to exceed
$500.
At a hearing under this chapter, the commission of a charged infraction must be
proved beyond a reasonable doubt.
If a person is found by the hearing official to have committed an infraction, she or he
may appeal that finding to the circuit court.
LEVEL TWO.—Unless otherwise provided by law, the following classifications and
penalties apply:
A person commits a Level Two violation if he or she violates any of the following
provisions:
Unless otherwise stated in subsection (1), rules or orders of the commission that
require a person to pay a fee to obtain a permit to possess captive wildlife or that require
the maintenance of records relating to captive wildlife.
Rules or orders of the commission relating to captive wildlife not specified in
subsection (1) or subsection (3).
Rules or orders of the commission that require housing of wildlife in a safe manner
when a violation results in an escape of wildlife other than Class I wildlife.
Rules or orders of the commission relating to wild animal life identified by
commission rule as either conditional species or prohibited species.
Section 379.372, relating to capturing, keeping, possessing, transporting, or
exhibiting venomous reptiles, reptiles of concern, conditional reptiles, or prohibited
reptiles.
Section 379.373, relating to requiring a license or permit for the capturing, keeping,
possessing, or exhibiting of venomous reptiles or reptiles of concern.
Section 379.374, relating to bonding requirements for public exhibits of venomous
reptiles.
Section 379.305, relating to commission rules and regulations to prevent the escape
of venomous reptiles or reptiles of concern.
Section 379.304, relating to exhibition or sale of wildlife.
Section 379.3761, relating to exhibition or sale of wildlife.
Section 379.3762, relating to personal possession of wildlife.
A person who commits any offense classified as a Level Two violation and who has not
been convicted of a Level Two or higher violation within the past 3 years commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Unless otherwise stated in this subsection, a person who commits any offense classified
as a Level Two violation within a 3year period of any previous conviction of a Level Two or
higher violation commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083 with a minimum mandatory fine of $250.
Unless otherwise stated in this subsection, a person who commits any offense classified
as a Level Two violation within a 5year period of any two previous convictions of Level
Two or higher violations commits a misdemeanor of the first degree, punishable as provided
in s. 775.082 or s. 775.083, with a minimum mandatory fine of $500 and a suspension of all
licenses issued under this chapter related to captive wildlife for 1 year.
A person who commits any offense classified as a Level Two violation within a 10year
period of any three previous convictions of Level Two or higher violations commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, with a
minimum mandatory fine of $750 and a suspension of all licenses issued under this chapter
related to captive wildlife for 3 years.
In addition to being subject to the penalties under
paragraphs (b)(e), a person who commits a Level Two violation that is a violation of s.
379.372 or rules or orders relating to wild animal life identified as conditional or
prohibited shall receive a minimum mandatory fine of $100 and immediately surrender
the wildlife for which the violation was issued unless such person lawfully obtains a
permit for possession.
LEVEL THREE.—Unless otherwise provided by law, the following classifications
and penalties apply:
A person commits a Level Three violation if he or she violates any of the following
provisions:
Rules or orders of the commission that require housing of wildlife in a safe manner
when a violation results in an escape of Class I wildlife.
Rules or orders of the commission related to captive wildlife when the violation
results in serious bodily injury to another person by captive wildlife that consists of a
physical condition that creates a substantial risk of death, serious personal disfigurement,
or protracted loss or impairment of the function of any bodily member or organ.
Rules or orders of the commission relating to the use of gasoline or other chemical or
gaseous substances on wildlife.
Rules or orders of the commission prohibiting the release of wildlife for which only
conditional possession is allowed.
Rules or orders of the commission prohibiting knowingly entering false information
on an application for a license or permit when the license or permit is to possess wildlife
in captivity.
Rules or orders of the commission relating to the illegal importation and possession
of nonnative marine plants and animals.
Rules or orders of the commission relating to the importation, possession, or release
of fish and wildlife for which possession is prohibited.
Section 379.231, relating to illegal importation or release of nonnative wildlife.
Section 379.305, relating to release or escape of nonnative venomous reptiles or
reptiles of concern.
1. A person who commits any offense classified as a Level Three violation and who
has not been convicted of a Level Three or higher violation within the past 10 years
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
A person who commits any offense classified as a Level Three violation within a 10
year period of any previous conviction of a Level Three or higher violation commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, with
a minimum mandatory fine of $750 and permanent revocation of all licenses or permits to
possess captive wildlife issued under this chapter.
LEVEL FOUR.—Unless otherwise provided by law, the following classifications
and penalties apply:
A person commits a Level Four violation if he or she violates any Level Three
provision after the permanent revocation of a license or permit.
A person who commits any offense classified as a Level Four violation commits a felony
of the third degree, punishable as provided in s. 775.082 or s. 775.083.
SUSPENSION OR REVOCATION OF LICENSE.—The court may order the suspension
or revocation of any license or permit issued to a person to possess captive wildlife pursuant
to this chapter if that person commits a criminal offense or a noncriminal infraction as
specified under this section.
CIVIL PENALTY.—
In addition to other applicable penalties, the commission may impose against any person,
party, firm, association, or corporation convicted of a criminal violation of any provision of s.
379.231, s. 379.372, s. 379.3761, or s. 379.3762 a civil penalty of not more than $5,000 for
each animal, unless otherwise authorized pursuant to subparagraphs 1.5. For all related
violations attributable to a specific violator, the total civil penalty may not exceed $10,000 for
each assessment for each animal.
The history of noncompliance of the violator for any previous violation of this chapter or
rules or orders of the commission shall be considered in determining the amount of the civil
penalty.
The direct economic benefit gained by the violator from the violation may be added to
the scheduled civil penalty.
The costs incurred by the commission related to the escape, recovery, and care of the
wildlife for which the violation was issued shall be added to the civil penalty.
The civil penalty assessed for a violation may not exceed
$5,000 for each animal unless:
a. The violator has a history of noncompliance;
b. The economic benefit of the violation exceeds $5,000; or
c. The costs incurred by the commission related to the escape, recovery, and care of
the wildlife for which the violation was issued exceeds $5,000.
The civil penalty assessed pursuant to this subsection may be reduced by the
commission for mitigating circumstances, including good faith efforts to comply before
or after discovery of the violations by the commission.
The proceeds of all civil penalties collected pursuant to this subsection shall be
deposited into the State Game Trust Fund and shall be used for management,
administration, auditing, and research purposes.
CONVICTION DEFINED.—For purposes of this section, the term “conviction”
means any judicial disposition other than acquittal or dismissal.
COMMISSION LIMITATIONS.—Nothing in this section shall limit the commission
from suspending or revoking any license to possess wildlife in captivity by administrative
action in accordance with chapter 120. For purposes of administrative action, a
conviction of a criminal offense shall mean any judicial disposition other than acquittal or
dismissal.
ANNUAL REPORT.—By January 1 of each year, the commission shall submit to
the President of the Senate and the Speaker of the House of Representatives a report
listing each
species identified by the commission as a conditional or prohibited species or a reptile of
concern.
379.411. Intentional killing or wounding of any species designated as
endangered, threatened, or of special concern; penalties.
A person may not intentionally kill or wound any fish or wildlife species designated
by the commission as endangered, threatened, or of special concern, or intentionally
destroy the eggs or nest of any such fish or wildlife, unless authorized by rules of the
commission. A person who violates this section commits a Level Four violation under s.
379.401.
379.412. Penalties for feeding wildlife and freshwater fish.
(a) The penalties in this section apply to a violation of any rule or order of the
commission that prohibits or restricts:
Feeding wildlife or freshwater fish with food or garbage;
Attracting or enticing wildlife or freshwater fish with food or garbage; or
Allowing the placement of food or garbage in a manner that attracts or entices
wildlife or freshwater fish.
This section does not apply to rules or orders of the commission relating to:
Animals held in captivity;
Restricting the taking or hunting of species over bait or intentionally placed or
deposited food; or
Restricting the taking or hunting of species in proximity to feeding stations.
A person who violates a prohibition or restriction identified in subsection (1):
For a first violation, commits a noncriminal infraction, punishable by a civil penalty
of $100.
A person cited for a violation under this paragraph shall sign and accept a citation to
appear before the county court. The issuing officer may indicate on the citation the time
and location of the scheduled hearing and shall indicate the applicable civil penalty.
A person cited for a violation may pay the civil penalty by mail or in person within
30 days after receipt of the citation. If the civil penalty is paid, the person is deemed to
have admitted committing the violation and to have waived his or her right to a hearing
before the county court. Such admission may not be used as evidence in any other
proceedings except to determine the appropriate fine for any subsequent violations.
A person who refuses to accept a citation, who fails to pay the civil penalty for a
violation, or who fails to appear before a county court as required commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
A person who elects to appear before the county court or who is required to appear
before the county court is deemed to have waived the limitations on civil penalties
provided under this paragraph. After a hearing, the county court shall determine if a
violation has been committed, and if so, may impose a civil
penalty of not less than $100. A person found guilty of committing a violation may
appeal that finding to the circuit court. The commission of a violation must be proved
beyond a reasonable doubt.
For second and subsequent violations, when all violations are related to freshwater
fish or wildlife other than bears or alligators or other crocodilians, commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
For a second violation, when all violations are related to bears or alligators or other
crocodilians, commits a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
For a third violation, when all violations are related to bears or alligators or other
crocodilians, commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
For a fourth or subsequent violation, when all violations are related to bears or
alligators or other crocodilians, commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
As used in this section, the term “violation” means any judicial disposition other than
acquittal or dismissal.
CHAPTER 381
PUBLIC HEALTH: GENERAL PROVISIONS
381.00787. Tattooing prohibited; penalty.
A person may not tattoo the body of a minor child younger than 16 years of age
unless the tattooing is performed for medical or dental purposes by a person licensed to
practice medicine or dentistry under chapter 458, chapter 459, or chapter 466.
A person may not tattoo the body of a minor child who is at least 16 years of age, but
younger than 18 years of age, unless:
The minor child is accompanied by his or her parent or legal guardian;
The minor child and his or her parent or legal guardian each submit proof of his or
her identity by producing a governmentissued photo identification;
The parent or legal guardian submits his or her written notarized consent in the
format prescribed by the department;
The parent or legal guardian submits proof that he or she is the parent or legal
guardian of the minor child; and
The tattooing is performed by a tattoo artist or guest tattoo artist licensed under ss.
381.00771381.00791 or a person licensed to practice medicine or dentistry under chapter
458, chapter 459, or chapter 466.
A person who violates this section commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083. However, a person who tattoos the
body of a minor child
younger than 18 years of age does not violate this section, if:
381.88. Emergency allergy treatment.
This section and s. 381.885 may be cited as the “Emergency Allergy Treatment Act.”
As used in this section and s. 381.885, the term:
“Administer” means to directly apply an epinephrine autoinjector to the body of an
individual.
“Authorized entity” means an entity or organization at or in connection with which
allergens capable of causing a severe allergic reaction may be present. The term includes,
but is not limited to, restaurants, recreation camps, youth sports leagues, theme parks and
resorts, and sports arenas. However, a school as described in s. 1002.20(3)(i) or s.
1002.42(17)(b) is an authorized entity for the purposes of s. 381.885(4) and (5) only.
“Authorized health care practitioner” means a licensed
practitioner authorized by the laws of the state to prescribe drugs or certified as an
emergency medical technician, trained in accordance with applicable certification
requirements, and currently employed by an organized firstresponse agency or a licensed
ambulance service.
“Department” means the Department of Health.
Adopt rules necessary to administer this section.
Conduct educational training programs as described in subsection (5) and approve
programs conducted by other persons or governmental agencies.
Issue and renew certificates of training to persons who have complied with this
section and the rules adopted by the department.
Collect fees necessary to administer this section.
Educational training programs required by this section must be conducted by a
nationally recognized organization experienced in training laypersons in emergency
health treatment or an entity or individual approved by the department. The curriculum
must include at a minimum:
Recognition of the symptoms of systemic reactions to food, insect stings, and other
allergens; and
The proper administration of an epinephrine autoinjector.
(6) A certificate of training may be given to a person who:
Is 18 years of age or older;
Has, or reasonably expects to have, responsibility for or contact with at least one
other person as a result of his or her occupational or volunteer status, including, but not
limited to, a camp counselor, scout leader, school teacher, forest ranger, tour guide, or
chaperone; and
Has successfully completed an educational training program as described in
subsection (5) or holds a current state emergency medical technician certification with
evidence of training in the recognition of a severe allergic reaction and the administration
of an epinephrine autoinjector.
A person who successfully completes an educational training program may obtain a
certificate upon payment of an application fee of $25.
A certificate issued pursuant to this section authorizes the holder to receive, upon
presentment of the certificate, a prescription for epinephrine autoinjectors from an
authorized
health care practitioner or the department. The certificate also authorizes the holder, in an
emergency situation when a physician is not immediately available, to possess and
administer a prescribed epinephrine autoinjector to a person experiencing a severe
allergic reaction.
381.986. Compassionate use of lowTHC and medical cannabis.
(1) DEFINITIONS.—As used in this section, the term:
“Cannabis delivery device” means an object used, intended for use, or designed for
use in preparing, storing, ingesting, inhaling, or otherwise introducing lowTHC cannabis
or medical cannabis into the human body.
“Dispensing organization” means an organization approved by the department to
cultivate, process, transport, and dispense lowTHC cannabis or medical cannabis
pursuant to this section.
“Independent testing laboratory” means a laboratory, including the managers,
employees, or contractors of the laboratory, which has no direct or indirect interest in a
dispensing organization.
“Legal representative” means the qualified patient’s parent, legal guardian acting
pursuant to a court’s authorization as required under s. 744.3215(4), health care surrogate
acting pursuant to the qualified patient’s written consent or a court’s authorization as
required under s. 765.113, or an individual who is authorized under a power of attorney
to make health care decisions on behalf of the qualified patient.
“LowTHC cannabis” means a plant of the genus Cannabis, the dried flowers of
which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of
cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such
plant; or any compound, manufacture, salt, derivative, mixture, or preparation of such
plant or its seeds or resin that is dispensed only from a dispensing organization.
“Medical cannabis” means all parts of any plant of the genusCannabis, whether
growing or not; the seeds thereof; the resin extracted from any part of the plant; and every
compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds
or resin that is dispensed only from a dispensing organization for medical use by an
eligible patient as defined in s. 499.0295.
“Medical use” means administration of the ordered amount of lowTHC cannabis or
medical cannabis. The term does not include the:
Possession, use, or administration of lowTHC cannabis or medical cannabis by
smoking.
Transfer of lowTHC cannabis or medical cannabis to a person other than the
qualified patient for whom it was ordered or the qualified patient’s legal representative on
behalf of the qualified patient.
Use or administration of lowTHC cannabis or medical cannabis:
a. On any form of public transportation.
b. In any public place.
c. In a qualified patient’s place of employment, if restricted by his or her employer.
d. In a state correctional institution as defined in s. 944.02 or a correctional
institution as defined in s. 944.241.
e. On the grounds of a preschool, primary school, or secondary school.
f. On a school bus or in a vehicle, aircraft, or motorboat.
“Qualified patient” means a resident of this state who has been added to the
compassionate use registry by a physician licensed under chapter 458 or chapter 459 to
receive lowTHC cannabis or medical cannabis from a dispensing organization.
“Smoking” means burning or igniting a substance and inhaling the smoke. Smoking
does not include the use of a vaporizer.
PHYSICIAN ORDERING.—A physician is authorized to order lowTHC cannabis
to treat a qualified patient suffering from cancer or a physical medical condition that
chronically produces symptoms of seizures or severe and persistent muscle spasms; order
lowTHC cannabis to alleviate symptoms of such disease, disorder, or condition, if no
other satisfactory alternative treatment options exist for the qualified patient; order
medical cannabis to treat an eligible patient as defined in s. 499.0295; or order a cannabis
delivery device for the medical use of lowTHC cannabis or medical cannabis, only if the
physician:
Holds an active, unrestricted license as a physician under chapter 458 or an
osteopathic physician under chapter 459;
Has treated the patient for at least 3 months immediately preceding the patient’s
registration in the compassionate use registry;
Has successfully completed the course and examination required under paragraph (4)(a);
Has determined that the risks of treating the patient with lowTHC cannabis or medical
cannabis are reasonable in light of the potential benefit to the patient. If a patient is younger
than 18 years of age, a second physician must concur with this determination, and such
determination must be documented in the patient’s medical record;
Registers as the orderer of lowTHC cannabis or medical cannabis for the named patient
on the compassionate use registry maintained by the department and updates the registry to
reflect the contents of the order, including the amount of lowTHC cannabis or medical
cannabis that will provide the patient with not more than a 45day supply and a cannabis
delivery device needed by the patient for the medical use of lowTHC cannabis or medical
cannabis. The physician must also update the registry within 7 days after any change is made
to the original order to reflect the change. The physician shall deactivate the registration of
the patient and the patient’s legal representative when treatment is discontinued;
Maintains a patient treatment plan that includes the dose, route of administration, planned
duration, and monitoring of the patient’s symptoms and other indicators of tolerance or
reaction to the lowTHC cannabis or medical cannabis;
Submits the patient treatment plan quarterly to the
University of Florida College of Pharmacy for research on the safety and efficacy of low
THC cannabis and medical cannabis on patients;
Obtains the voluntary written informed consent of the patient or the patient’s legal
representative to treatment with lowTHC cannabis after sufficiently explaining the
current state of knowledge in the medical community of the effectiveness of treatment of
the patient’s condition with lowTHC cannabis, the medically acceptable alternatives, and
the potential risks and side effects;
Obtains written informed consent as defined in and required under s. 499.0295, if the
physician is ordering medical cannabis for an eligible patient pursuant to that section; and
Is not a medical director employed by a dispensing organization.
(3) PENALTIES.—
A physician commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083, if the physician orders lowTHC cannabis for a patient without a
reasonable belief that the patient is suffering from:
Cancer or a physical medical condition that chronically produces symptoms of
seizures or severe and persistent muscle spasms that can be treated with lowTHC
cannabis; or
Symptoms of cancer or a physical medical condition that chronically produces
symptoms of seizures or severe and persistent muscle spasms that can be alleviated with
lowTHC cannabis.
A physician commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083, if the physician orders medical cannabis for a patient without a
reasonable belief that the patient has a terminal condition as defined in s. 499.0295.
A person who fraudulently represents that he or she has cancer, a physical medical
condition that chronically produces symptoms of seizures or severe and persistent muscle
spasms, or a terminal condition to a physician for the purpose of being ordered lowTHC
cannabis, medical cannabis, or a cannabis delivery device by such physician commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
An eligible patient as defined in s. 499.0295 who uses medical cannabis, and such
patient’s legal representative who administers medical cannabis, in plain view of or in a place
open to the general public, on the grounds of a school, or in a school bus, vehicle, aircraft, or
motorboat, commits a misdemeanor of the first degree, punishable as provided in s. 775.082
or s. 775.083.
A physician who orders lowTHC cannabis, medical cannabis, or a cannabis delivery
device and receives compensation from a dispensing organization related to the ordering of
lowTHC cannabis, medical cannabis, or a cannabis delivery device is subject to disciplinary
action under the applicable practice act and s. 456.072(1)(n).
(4) PHYSICIAN EDUCATION.—
Before ordering lowTHC cannabis, medical cannabis, or a cannabis delivery device for
medical use by a patient in this state,
the appropriate board shall require the ordering physician to successfully complete an 8
hour course and subsequent examination offered by the Florida Medical Association or
the Florida Osteopathic Medical Association that encompasses the clinical indications for
the appropriate use of lowTHC cannabis and medical cannabis, the appropriate cannabis
delivery devices, the contraindications for such use, and the relevant state and federal
laws governing the ordering, dispensing, and possessing of these substances and devices.
The course and examination shall be administered at least annually. Successful
completion of the course may be used by a physician to satisfy 8 hours of the continuing
medical education requirements required by his or her respective board for licensure
renewal. This course may be offered in a distance learning format.
The appropriate board shall require the medical director of each dispensing
organization to hold an active, unrestricted license as a physician under chapter 458 or as
an osteopathic physician under chapter 459 and successfully complete a 2hour course
and subsequent examination offered by the Florida Medical Association or the Florida
Osteopathic Medical Association that encompasses appropriate safety procedures and
knowledge of lowTHC cannabis, medical cannabis, and cannabis delivery devices.
Successful completion of the course and examination specified in paragraph (a) is
required for every physician who orders lowTHC cannabis, medical cannabis, or a
cannabis delivery device each time such physician renews his or her license. In addition,
successful completion of the course and examination specified in paragraph (b) is
required for the medical
director of each dispensing organization each time such physician renews his or her
license.
A physician who fails to comply with this subsection and who orders lowTHC
cannabis, medical cannabis, or a cannabis delivery device may be subject to disciplinary
action under the applicable practice act and under s. 456.072(1)(k).
DUTIES OF THE DEPARTMENT.—The department
shall:
Create and maintain a secure, electronic, and online compassionate use registry for
the registration of physicians, patients, and the legal representatives of patients as
provided under this section. The registry must be accessible to law enforcement agencies
and to a dispensing organization to verify the authorization of a patient or a patient’s
legal representative to possess lowTHC cannabis, medical cannabis, or a cannabis
delivery device and record the lowTHC cannabis, medical cannabis, or cannabis delivery
device dispensed. The registry must prevent an active registration of a patient by multiple
physicians.
Authorize the establishment of five dispensing organizations to ensure reasonable
statewide accessibility and availability as necessary for patients registered in the
compassionate use registry and who are ordered lowTHC cannabis, medical cannabis, or
a cannabis delivery device under this section, one in each of the following regions:
northwest Florida, northeast Florida, central Florida, southeast Florida, and southwest
Florida. The department shall develop an application form and impose an initial
application and biennial renewal fee
that is sufficient to cover the costs of administering this section. An applicant for
approval as a dispensing organization must be able to demonstrate:
The technical and technological ability to cultivate and produce lowTHC cannabis.
The applicant must possess a valid certificate of registration issued by the Department of
Agriculture and Consumer Services pursuant to s. 581.131 that is issued for the
cultivation of more than 400,000 plants, be operated by a nurseryman as defined in s.
581.011, and have been operated as a registered nursery in this state for at least 30
continuous years.
The ability to secure the premises, resources, and personnel necessary to operate as a
dispensing organization.
The ability to maintain accountability of all raw materials, finished products, and any
byproducts to prevent diversion or unlawful access to or possession of these substances.
An infrastructure reasonably located to dispense lowTHC cannabis to registered
patients statewide or regionally as determined by the department.
The financial ability to maintain operations for the duration of the 2year approval
cycle, including the provision of certified financials to the department. Upon approval,
the applicant must post a $5 million performance bond. However, upon a dispensing
organization’s serving at least 1,000 qualified patients, the dispensing organization is
only required to maintain a $2 million performance bond.
That all owners and managers have been fingerprinted and have successfully passed a
level 2 background screening pursuant
to s. 435.04.
The employment of a medical director to supervise the activities of the dispensing
organization.
Upon the registration of 250,000 active qualified patients in the compassionate use
registry, approve three dispensing organizations, including, but not limited to, an
applicant that is a recognized
class member of Pigford
v. Glickman, 185 F.R.D. 82
(D.D.C. 1999) , or In
Re Black Farmers Litig., 856 F. Supp. 2d 1 (D.D.C. 2011)
, and a
member of the Black Farmers and Agriculturalists Association, which must meet the
requirements of subparagraphs (b)2.7. and demonstrate the technical and technological
ability to cultivate and produce lowTHC cannabis.
Allow a dispensing organization to make a wholesale purchase of lowTHC cannabis
or medical cannabis from, or a distribution of lowTHC cannabis or medical cannabis to,
another dispensing organization.
Monitor physician registration and ordering of lowTHC cannabis, medical cannabis,
or a cannabis delivery device for ordering practices that could facilitate unlawful
diversion or misuse of lowTHC cannabis, medical cannabis, or a cannabis delivery
device and take disciplinary action as indicated.
(6) DISPENSING ORGANIZATION.—An approved dispensing organization must,
at all times, maintain compliance with the criteria demonstrated for selection and
approval as a dispensing organization under subsection (5) and the criteria required in
this subsection.
When growing lowTHC cannabis or medical cannabis, a
dispensing organization:
May use pesticides determined by the department, after consultation with the
Department of Agriculture and Consumer Services, to be safely applied to plants
intended for human consumption, but may not use pesticides designated as restricteduse
pesticides pursuant to s. 487.042.
Must grow lowTHC cannabis or medical cannabis within an enclosed structure and
in a room separate from any other plant.
Must inspect seeds and growing plants for plant pests that endanger or threaten the
horticultural and agricultural interests of the state, notify the Department of Agriculture
and Consumer Services within 10 calendar days after a determination that a plant is
infested or infected by such plant pest, and implement and maintain phytosanitary
policies and procedures.
Must perform fumigation or treatment of plants, or the removal and destruction of
infested or infected plants, in accordance with chapter 581 and any rules adopted
thereunder.
When processing lowTHC cannabis or medical cannabis, a dispensing organization
must:
Process the lowTHC cannabis or medical cannabis within an enclosed structure and
in a room separate from other plants or products.
Test the processed lowTHC cannabis and medical cannabis before they are
dispensed. Results must be verified and signed by two dispensing organization
employees. Before dispensing lowTHC cannabis, the dispensing organization must
determine that the test results indicate that the lowTHC cannabis meets the
definition of lowTHC cannabis and, for medical cannabis and lowTHC cannabis, that
all medical cannabis and lowTHC cannabis is safe for human consumption and free from
contaminants that are unsafe for human consumption. The dispensing organization must
retain records of all testing and samples of each homogenous batch of cannabis and low
THC cannabis for at least 9 months. The dispensing organization must contract with an
independent testing laboratory to perform audits on the dispensing organization’s
standard operating procedures, testing records, and samples and provide the results to the
department to confirm that the lowTHC cannabis or medical cannabis meets the
requirements of this section and that the medical cannabis and lowTHC cannabis is safe
for human consumption.
Package the lowTHC cannabis or medical cannabis in compliance with the United
States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq.
Package the lowTHC cannabis or medical cannabis in a receptacle that has a firmly
affixed and legible label stating the following information:
a. A statement that the lowTHC cannabis or medical cannabis meets the
requirements of subparagraph 2.;
b. The name of the dispensing organization from which the medical cannabis or low
THC cannabis originates; and
c. The batch number and harvest number from which the medical cannabis or low
THC cannabis originates.
Reserve two processed samples from each batch and retain
such samples for at least 9 months for the purpose of testing pursuant to the audit
required under subparagraph 2.
When dispensing lowTHC cannabis, medical cannabis, or a cannabis delivery
device, a dispensing organization:
May not dispense more than a 45day supply of lowTHC cannabis or medical
cannabis to a patient or the patient’s legal representative.
Must have the dispensing organization’s employee who dispenses the lowTHC
cannabis, medical cannabis, or a cannabis delivery device enter into the compassionate
use registry his or her name or unique employee identifier.
Must verify in the compassionate use registry that a physician has ordered the low
THC cannabis, medical cannabis, or a specific type of a cannabis delivery device for the
patient.
May not dispense or sell any other type of cannabis, alcohol, or illicit drugrelated
product, including pipes, bongs, or wrapping papers, other than a physicianordered
cannabis delivery device required for the medical use of lowTHC cannabis or medical
cannabis, while dispensing lowTHC cannabis or medical cannabis.
Must verify that the patient has an active registration in the compassionate use
registry, the patient or patient’s legal representative holds a valid and active registration
card, the order presented matches the order contents as recorded in the registry, and the
order has not already been filled.
Must, upon dispensing the lowTHC cannabis, medical cannabis, or cannabis
delivery device, record in the registry the
date, time, quantity, and form of lowTHC cannabis or medical cannabis dispensed and
the type of cannabis delivery device dispensed.
To ensure the safety and security of its premises and any offsite storage facilities,
and to maintain adequate controls against the diversion, theft, and loss of lowTHC
cannabis, medical cannabis, or cannabis delivery devices, a dispensing organization shall:
a. Maintain a fully operational security alarm system that secures all entry points and
perimeter windows and is equipped with motion detectors; pressure switches; and duress,
panic, and holdup alarms; or
b. Maintain a video surveillance system that records continuously 24 hours each day
and meets at least one of the following criteria:
I. Cameras are fixed in a place that allows for the clear identification of persons and
activities in controlled areas of the premises. Controlled areas include grow rooms,
processing rooms, storage rooms, disposal rooms or areas, and pointofsale rooms;
Cameras are fixed in entrances and exits to the premises, which shall record from
both indoor and outdoor, or ingress and egress, vantage points;
Recorded images must clearly and accurately display the time and date; or
IV. Retain video surveillance recordings for a minimum of 45 days or longer upon
the request of a law enforcement agency.
Ensure that the organization’s outdoor premises have sufficient lighting from dusk
until dawn.
Establish and maintain a tracking system approved by the department that traces the
lowTHC cannabis or medical cannabis from seed to sale. The tracking system shall
include notification of key events as determined by the department, including when
cannabis seeds are planted, when cannabis plants are harvested and destroyed, and when
lowTHC cannabis or medical cannabis is transported, sold, stolen, diverted, or lost.
Not dispense from its premises lowTHC cannabis, medical cannabis, or a cannabis
delivery device between the hours of 9 p.m. and 7 a.m., but may perform all other
operations and deliver lowTHC cannabis and medical cannabis to qualified patients 24
hours each day.
Store lowTHC cannabis or medical cannabis in a secured, locked room or a vault.
Require at least two of its employees, or two employees of a security agency with
whom it contracts, to be on the premises at all times.
Require each employee to wear a photo identification badge at all times while on the
premises.
Require each visitor to wear a visitor’s pass at all times while on the premises.
Implement an alcohol and drugfree workplace policy.
Report to local law enforcement within 24 hours after it is notified or becomes aware
of the theft, diversion, or loss of low
THC cannabis or medical cannabis.
To ensure the safe transport of lowTHC cannabis or medical cannabis to dispensing
organization facilities, independent testing laboratories, or patients, the dispensing
organization must:
Maintain a transportation manifest, which must be retained for at least 1 year.
Ensure only vehicles in good working order are used to transport lowTHC cannabis
or medical cannabis.
Lock lowTHC cannabis or medical cannabis in a separate compartment or container
within the vehicle.
Require at least two persons to be in a vehicle transporting lowTHC cannabis or
medical cannabis, and require at least one person to remain in the vehicle while the low
THC cannabis or medical cannabis is being delivered.
Provide specific safety and security training to employees transporting or delivering
lowTHC cannabis or medical cannabis.
(7) DEPARTMENT AUTHORITY AND RESPONSIBILITIES.—
The department may conduct announced or unannounced inspections of dispensing
organizations to determine compliance with this section or rules adopted pursuant to this
section.
The department shall inspect a dispensing organization upon complaint or notice
provided to the department that the dispensing organization has dispensed lowTHC
cannabis or medical cannabis containing any mold, bacteria, or other
contaminant that may cause or has caused an adverse effect to human health or the
environment.
The department shall conduct at least a biennial inspection of each dispensing
organization to evaluate the dispensing organization’s records, personnel, equipment,
processes, security measures, sanitation practices, and quality assurance practices.
The department may enter into interagency agreements with the Department of
Agriculture and Consumer Services, the Department of Business and Professional
Regulation, the Department of Transportation, the Department of Highway Safety and
Motor Vehicles, and the Agency for Health Care Administration, and such agencies are
authorized to enter into an interagency agreement with the department, to conduct
inspections or perform other responsibilities assigned to the department under this
section.
The department must make a list of all approved dispensing organizations and
qualified ordering physicians and medical directors publicly available on its website.
The department may establish a system for issuing and renewing registration cards
for patients and their legal representatives, establish the circumstances under which the
cards may be revoked by or must be returned to the department, and establish fees to
implement such system. The department must require, at a minimum, the registration
cards to:
Provide the name, address, and date of birth of the patient or legal representative.
Have a fullface, passporttype, color photograph of the
patient or legal representative taken within the 90 days immediately preceding
registration.
Identify whether the cardholder is a patient or legal representative.
List a unique numeric identifier for the patient or legal representative that is matched
to the identifier used for such person in the department’s compassionate use registry.
Provide the expiration date, which shall be 1 year after the date of the physician’s
initial order of lowTHC cannabis or medical cannabis.
For the legal representative, provide the name and unique numeric identifier of the
patient that the legal representative is assisting.
Be resistant to counterfeiting or tampering.
The department may impose reasonable fines not to exceed $10,000 on a dispensing
organization for any of the following violations:
Violating this section, s. 499.0295, or department rule.
Failing to maintain qualifications for approval.
Endangering the health, safety, or security of a qualified patient.
Improperly disclosing personal and confidential information of the qualified patient.
Attempting to procure dispensing organization approval by bribery, fraudulent
misrepresentation, or extortion.
Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to,
regardless of adjudication, a crime in any jurisdiction which directly relates to the
business of a dispensing organization.
Making or filing a report or record that the dispensing organization knows to be
false.
Willfully failing to maintain a record required by this section or department rule.
Willfully impeding or obstructing an employee or agent of the department in the
furtherance of his or her official duties.
Engaging in fraud or deceit, negligence, incompetence, or misconduct in the business
practices of a dispensing organization.
Making misleading, deceptive, or fraudulent representations in or related to the
business practices of a dispensing organization.
Having a license or the authority to engage in any regulated profession, occupation,
or business that is related to the business practices of a dispensing organization
suspended, revoked, or otherwise acted against by the licensing authority of any
jurisdiction, including its agencies or subdivisions, for a violation that would constitute a
violation under Florida law.
Violating a lawful order of the department or an agency of the state, or failing to
comply with a lawfully issued subpoena of the department or an agency of the state.
The department may suspend, revoke, or refuse to renew a dispensing organization’s
approval if a dispensing organization commits any of the violations in paragraph (g).
The department shall renew the approval of a dispensing organization biennially if the
dispensing organization meets the requirements of this section and pays the biennial renewal
fee.
The department may adopt rules necessary to implement this section.
(8) PREEMPTION.—
All matters regarding the regulation of the cultivation and processing of medical cannabis
or lowTHC cannabis by dispensing organizations are preempted to the state.
A municipality may determine by ordinance the criteria for the number and location of,
and other permitting requirements that do not conflict with state law or department rule for,
dispensing facilities of dispensing organizations located within its municipal boundaries. A
county may determine by ordinance the criteria for the number, location, and other permitting
requirements that do not conflict with state law or department rule for all dispensing facilities
of dispensing organizations located within the unincorporated areas of that county.
(9) EXCEPTIONS TO OTHER LAWS.—
Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but
subject to the requirements of this section, a qualified patient and the qualified patient’s legal
representative may purchase and possess for the patient’s medical use up to the amount of
lowTHC cannabis or medical cannabis ordered for the patient, but not more than a 45day
supply, and a cannabis delivery device ordered for the patient.
Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any
other provision of law, but subject to the requirements of this section, an approved
dispensing organization and its owners, managers, and employees may manufacture,
possess, sell, deliver, distribute, dispense, and lawfully dispose of reasonable quantities,
as established by department rule, of lowTHC cannabis, medical cannabis, or a cannabis
delivery device. For purposes of this subsection, the terms “manufacture,” “possession,”
“deliver,” “distribute,” and “dispense” have the same meanings as provided in s. 893.02.
Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but
subject to the requirements of this section, an approved independent testing laboratory
may possess, test, transport, and lawfully dispose of lowTHC cannabis or medical
cannabis as provided by department rule.
An approved dispensing organization and its owners, managers, and employees are
not subject to licensure or regulation under chapter 465 or chapter 499 for manufacturing,
possessing, selling, delivering, distributing, dispensing, or lawfully disposing of
reasonable quantities, as established by department rule, of lowTHC cannabis, medical
cannabis, or a cannabis delivery device.
An approved dispensing organization that continues to meet the requirements for
approval is presumed to be registered with the department and to meet the regulations
adopted by the department or its successor agency for the purpose of dispensing medical
cannabis or lowTHC cannabis under Florida law. Additionally, the authority provided to
a dispensing organization in s. 499.0295 does not impair the approval of a dispensing
organization.
This subsection does not exempt a person from prosecution for a criminal offense
related to impairment or intoxication resulting from the medical use of lowTHC
cannabis or medical cannabis or relieve a person from any requirement under law to
submit to a breath, blood, urine, or other test to detect the presence of a controlled
substance.
381.987. Public records exemption for personal identifying information in the
compassionate use registry.
A patient’s personal identifying information held by the department in the
compassionate use registry established under s. 381.986, including, but not limited to, the
patient’s name, address, telephone number, and governmentissued identification number,
and all information pertaining to the physician’s order for lowTHC cannabis and the
dispensing thereof are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of
the State Constitution.
A physician’s identifying information held by the department in the compassionate
use registry established under s. 381.986, including, but not limited to, the physician’s
name, address, telephone number, governmentissued identification number, and Drug
Enforcement Administration number, and all information pertaining to the physician’s
order for lowTHC cannabis and the dispensing thereof are confidential and exempt from
s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
The department shall allow access to the registry, including access to confidential
and exempt information, to:
A law enforcement agency that is investigating a violation
of law regarding cannabis in which the subject of the investigation claims an exception
established under s. 381.986.
A dispensing organization approved by the department pursuant to s. 381.986 which
is attempting to verify the authenticity of a physician’s order for lowTHC cannabis,
including whether the order had been previously filled and whether the order was written
for the person attempting to have it filled.
A physician who has written an order for lowTHC cannabis for the purpose of
monitoring the patient’s use of such cannabis or for the purpose of determining, before
issuing an order for lowTHC cannabis, whether another physician has ordered the
patient’s use of lowTHC cannabis. The physician may access the confidential and
exempt information only for the patient for whom he or she has ordered or is determining
whether to order the use of lowTHC cannabis pursuant to s. 381.986.
An employee of the department for the purposes of maintaining the registry and
periodic reporting or disclosure of information that has been redacted to exclude personal
identifying information.
The department’s relevant health care regulatory boards responsible for the licensure,
regulation, or discipline of a physician if he or she is involved in a specific investigation
of a violation of s. 381.986. If a health care regulatory board’s investigation reveals
potential criminal activity, the board may provide any relevant information to the
appropriate law enforcement agency.
A person engaged in bona fide research if the person agrees:
To submit a research plan to the department which specifies the exact nature of the
information requested and the intended use of the information;
To maintain the confidentiality of the records or information if personal identifying
information is made available to the researcher;
To destroy any confidential and exempt records or information obtained after the
research is concluded; and
Not to contact, directly or indirectly, for any purpose, a patient or physician whose
information is in the registry.
All information released from the registry under subsection
remains confidential and exempt, and a person who receives access to such information
must maintain the confidential and exempt status of the information received.
A person who willfully and knowingly violates this section commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
This section is subject to the Open Government Sunset Review Act in accordance
with s. 119.15 and shall stand repealed on October 2, 2019, unless reviewed and saved
from repeal through reenactment by the Legislature.
CHAPTER 384
SEXUALLY TRANSMISSIBLE DISEASES
384.24. Unlawful acts.
It is unlawful for any person who has chancroid, gonorrhea, granuloma inguinale,
lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal
urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis, or syphilis, when
such person knows he or she is infected with one or more of these diseases and when
such person has been informed that he or she may communicate this disease to another
person through sexual intercourse, to have sexual intercourse with any other person,
unless such other person has been informed of the presence of the sexually transmissible
disease and has consented to the sexual intercourse.
It is unlawful for any person who has human immunodeficiency virus infection,
when such person knows he or she is infected with this disease and when such person has
been informed that he or she may communicate this disease to another person through
sexual intercourse, to have sexual intercourse with any other person, unless such other
person has been informed of the presence of the sexually transmissible disease and has
consented to the sexual intercourse.
384.287. Screening for sexually transmissible disease.
An officer as defined in s. 943.10(14); support personnel as defined in s. 943.10(11)
who are employed by the Department of Law Enforcement, including, but not limited to,
any crime scene analyst, forensic technologist, or crime lab analyst; firefighter as
defined in s. 633.102; or ambulance driver, paramedic, or emergency medical technician
as defined in s. 401.23, acting within the scope of employment, who comes into contact
with a person in such a way that significant exposure, as defined in s. 381.004, has
occurred may request that the person be screened for a sexually transmissible disease that
can be transmitted through a significant exposure.
If the person will not voluntarily submit to screening, the officer, support personnel
of the Department of Law Enforcement, firefighter, ambulance driver, paramedic, or
emergency medical technician, or the employer of any of the employees described in
subsection (1) acting on behalf of the employee, may seek a court order directing that the
person who is the source of the significant exposure submit to screening. A sworn
statement by a physician licensed under chapter 458 or chapter 459 that a significant
exposure has occurred and that, in the physician’s medical judgment, the screening is
medically necessary to determine the course of treatment for the employee, constitutes
probable cause for the issuance of the order by the court.
In order to use the provisions of this section, the employee subjected to the
significant exposure must also be screened for the same sexually transmissible diseases.
All screenings must be conducted by the department or the department’s authorized
representative or by medical personnel at a facility designated by the court. The cost of
screening shall be borne by the employer.
Results of the screening are exempt from the requirements of s. 384.29 solely for the
purpose of releasing the results to the
person who is the source of the significant exposure, to the person subjected to the
significant exposure, to the physicians of the persons screened, and to the employer, if
necessary for filing a worker’s compensation claim or any other disability claim based on
the significant exposure.
A person who receives the results of a test pursuant to this section, which results
disclose human immunodeficiency virus infection and are otherwise confidential
pursuant to law, shall maintain the confidentiality of the information received and the
identity of the person tested as required by s. 381.004. Violation of this subsection
constitutes a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
384.34. Penalties.
Any person who violates the provisions of s. 384.24(1) commits a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
Any person who violates the provisions of s. 384.26 or s. 384.29 commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Any person who maliciously disseminates any false information or report concerning
the existence of any sexually transmissible disease commits a felony of the third degree,
punishable as provided in ss. 775.082, 775.083, and 775.084.
Any person who violates the provisions of the department’s rules pertaining to
sexually transmissible diseases may be punished by a fine not to exceed $500 for each
violation. Any penalties enforced under this subsection shall be in addition to
other penalties provided by this chapter. The department may enforce this section and
adopt rules necessary to administer this section.
Any person who violates s. 384.24(2) commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who commits
multiple violations of s. 384.24(2) commits a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who obtains information that identifies an individual who has a sexually
transmissible disease, who knew or should have known the nature of the information and
maliciously, or for monetary gain, disseminates this information or otherwise makes this
information known to any other person, except by providing it either to a physician or
nurse employed by the Department of Health or to a law enforcement agency, commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
CHAPTER 386
PARTICULAR CONDITIONS AFFECTING PUBLIC
HEALTH
386.041. Nuisances injurious to health.
The following conditions existing, permitted, maintained, kept, or caused by any
individual, municipal organization, or corporation, governmental or private, shall
constitute prima facie evidence of maintaining a nuisance injurious to health:
Untreated or improperly treated human waste, garbage, offal, dead animals, or
dangerous waste materials from manufacturing processes harmful to human or animal life
and air pollutants, gases, and noisome odors which are harmful to human or animal life.
Improperly built or maintained septic tanks, water closets, or privies.
The keeping of diseased animals dangerous to human
health.
Unclean or filthy places where animals are slaughtered.
The creation, maintenance, or causing of any condition capable of breeding flies,
mosquitoes, or other arthropods capable of transmitting diseases, directly or indirectly to
humans.
Any other condition determined to be a sanitary nuisance as defined in s. 386.01.
The Department of Health, its agents and deputies, or local health authorities are
authorized to investigate any condition or
alleged nuisance in any city, town, or place within the state, and if such condition is
determined to constitute a sanitary nuisance, they may take such action to abate the said
nuisance condition in accordance with the provisions of this chapter.
386.051. Nuisances injurious to health, penalty.
Any person found guilty of creating, keeping, or maintaining a nuisance injurious to
health shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
CHAPTER 390
TERMINATION OF PREGNANCIES
390.01112. Termination of pregnancies during viability.
No termination of pregnancy shall be performed on any human being if the physician
determines that, in reasonable medical judgment, the fetus has achieved viability, unless:
Two physicians certify in writing that, in reasonable medical judgment, the
termination of the pregnancy is necessary to save the pregnant woman’s life or avert a
serious risk of substantial and irreversible physical impairment of a major bodily function
of the pregnant woman other than a psychological condition; or
The physician certifies in writing that, in reasonable medical judgment, there is a
medical necessity for legitimate emergency medical procedures for termination of the
pregnancy to save the pregnant woman’s life or avert a serious risk of imminent
substantial and irreversible physical impairment of a major bodily function of the
pregnant woman other than a psychological condition, and another physician is not
available for consultation.
Before performing a termination of pregnancy, a physician must determine if the
fetus is viable by, at a minimum, performing a medical examination of the pregnant
woman and, to the maximum extent possible through reasonably available tests and the
ultrasound required under s. 390.0111(3), an examination of the fetus. The physician
must document in the pregnant woman’s medical file the physician’s determination and
the
method, equipment, fetal measurements, and any other information used to determine the
viability of the fetus.
If a termination of pregnancy is performed during viability, the physician performing
the termination of pregnancy must exercise the same degree of professional skill, care,
and diligence to preserve the life and health of the fetus that the physician would be
required to exercise in order to preserve the life and health of a fetus intended to be born
and not aborted. However, if preserving the life and health of the fetus conflicts with
preserving the life and health of the woman, the physician must consider preserving the
woman’s life and health the overriding and superior concern.
CHAPTER 394
MENTAL HEALTH
394.462. Transportation.
A transportation plan shall be developed and implemented by each county by July 1,
2017, in collaboration with the managing entity in accordance with this section. A county
may enter into a memorandum of understanding with the governing boards of nearby
counties to establish a shared transportation plan. When multiple counties enter into a
memorandum of understanding for this purpose, the counties shall notify the managing
entity and provide it with a copy of the agreement. The transportation plan shall describe
methods of transport to a facility within the designated receiving system for individuals
subject to involuntary examination under s. 394.463 or involuntary admission under s.
397.6772, s. 397.679, s. 397.6798, or s. 397.6811, and may identify responsibility for
other transportation to a participating facility when necessary and agreed to by the
facility. The plan may rely on emergency medical transport services or private transport
companies, as appropriate. The plan shall comply with the transportation provisions of
this section and ss. 397.6772, 397.6795, 397.6822, and 397.697.
(1) TRANSPORTATION TO A RECEIVING FACILITY.—
Each county shall designate a single law enforcement agency within the county, or
portions thereof, to take a person into custody upon the entry of an ex parte order or the
execution of a certificate for involuntary examination by an authorized professional and
to transport that person to the appropriate facility within the designated receiving system
pursuant to a
transportation plan or an exception under subsection (4), or to the nearest receiving
facility if neither apply.
1. The designated law enforcement agency may decline to transport the person to a
receiving facility only if:
a. The jurisdiction designated by the county has contracted on an annual basis with
an emergency medical transport service or private transport company for transportation
of persons to receiving facilities pursuant to this section at the sole cost of the county; and
b. The law enforcement agency and the emergency medical transport service or
private transport company agree that the continued presence of law enforcement
personnel is not necessary for the safety of the person or others.
The entity providing transportation may seek reimbursement for transportation
expenses. The party responsible for payment for such transportation is the person
receiving the transportation. The county shall seek reimbursement from the following
sources in the following order:
a. From a private or public thirdparty payor, if the person receiving the
transportation has applicable coverage.
b. From the person receiving the transportation.
liable for the safe and dignified transport of the patient. Such company must be insured
and provide no less than $100,000 in liability insurance with respect to the transport of
patients.
Any company that contracts with a governing board of a county to transport patients
shall comply with the applicable rules of the department to ensure the safety and dignity
of patients.
When a law enforcement officer takes custody of a person pursuant to this part, the
officer may request assistance from emergency medical personnel if such assistance is
needed for the safety of the officer or the person in custody.
When a member of a mental health overlay program or a mobile crisis response
service is a professional authorized to initiate an involuntary examination pursuant to s.
394.463 or s. 397.675 and that professional evaluates a person and determines that
transportation to a receiving facility is needed, the service, at its discretion, may transport
the person to the facility or may call on the law enforcement agency or other
transportation arrangement best suited to the needs of the patient.
When any law enforcement officer has custody of a person based on either
noncriminal or minor criminal behavior that meets the statutory guidelines for
involuntary examination pursuant to s. 394.463, the law enforcement officer shall
transport the person to the appropriate facility within the designated receiving system
pursuant to a transportation plan or an exception under subsection
(4), or to the nearest receiving facility if neither apply. Persons who meet the statutory
guidelines for involuntary admission pursuant to s. 397.675 may also be transported by
law enforcement officers to the extent resources are available and as
otherwise provided by law. Such persons shall be transported to an appropriate facility
within the designated receiving system pursuant to a transportation plan or an exception
under subsection (4), or to the nearest facility if neither apply.
When any law enforcement officer has arrested a person for a felony and it appears
that the person meets the statutory guidelines for involuntary examination or placement
under this part, such person must first be processed in the same manner as any other
criminal suspect. The law enforcement agency shall thereafter immediately notify the
appropriate facility within the designated receiving system pursuant to a transportation
plan or an exception under subsection (4), or to the nearest receiving facility if neither
apply. The receiving facility shall be responsible for promptly arranging for the
examination and treatment of the person. A receiving facility is not required to admit a
person charged with a crime for whom the facility determines and documents that it is
unable to provide adequate security, but shall provide examination and treatment to the
person where he or she is held.
If the appropriate law enforcement officer believes that a person has an emergency
medical condition as defined in s. 395.002, the person may be first transported to a
hospital for emergency medical treatment, regardless of whether the hospital is a
designated receiving facility.
The costs of transportation, evaluation, hospitalization, and treatment incurred under
this subsection by persons who have been arrested for violations of any state law or
county or municipal ordinance may be recovered as provided in s. 901.35.
The appropriate facility within the designated receiving system pursuant to a
transportation plan or an exception under subsection (4), or the nearest receiving facility
if neither apply, must accept persons brought by law enforcement officers, or an
emergency medical transport service or a private transport company authorized by the
county, for involuntary examination pursuant to s. 394.463.
The appropriate facility within the designated receiving system pursuant to a
transportation plan or an exception under subsection (4), or the nearest receiving facility
if neither apply, must provide persons brought by law enforcement officers, or an
emergency medical transport service or a private transport company authorized by the
county, pursuant to s. 397.675, a basic screening or triage sufficient to refer the person to
the appropriate services.
Each law enforcement agency designated pursuant to paragraph (a) shall establish a
policy that reflects a single set of protocols for the safe and secure transportation and
transfer of custody of the person. Each law enforcement agency shall provide a copy of
the protocols to the managing entity.
When a jurisdiction has entered into a contract with an emergency medical transport
service or a private transport company for transportation of persons to facilities within the
designated receiving system, such service or company shall be given preference for
transportation of persons from nursing homes, assisted living facilities, adult day care
centers, or adult familycare homes, unless the behavior of the person being transported is
such that transportation by a law enforcement officer is necessary.
This section may not be construed to limit emergency examination and treatment of
incapacitated persons provided in accordance with s. 401.445.
(2) TRANSPORTATION TO A TREATMENT FACILITY.—
If neither the patient nor any person legally obligated or responsible for the patient is
able to pay for the expense of transporting a voluntary or involuntary patient to a
treatment facility, the transportation plan established by the governing board of the
county or counties must specify how the hospitalized patient will be transported to, from,
and between facilities in a safe and dignified manner.
A company that transports a patient pursuant to this subsection is considered an
independent contractor and is solely liable for the safe and dignified transportation of the
patient. Such company must be insured and provide no less than $100,000 in liability
insurance with respect to the transport of patients.
A company that contracts with one or more counties to transport patients in
accordance with this section shall comply with the applicable rules of the department to
ensure the safety and dignity of patients.
County or municipal law enforcement and correctional personnel and equipment may
not be used to transport patients adjudicated incapacitated or found by the court to meet
the criteria for involuntary placement pursuant to s. 394.467, except in small rural
counties where there are no costefficient alternatives.
TRANSFER OF CUSTODY.—Custody of a person who is transported pursuant to
this part, along with related
documentation, shall be relinquished to a responsible individual at the appropriate
receiving or treatment facility.
EXCEPTIONS.—An exception to the requirements of this section may be granted by
the secretary of the department for the purposes of improving service coordination or
better meeting the special needs of individuals. A proposal for an exception must be
submitted to the department after being approved by the governing boards of any affected
counties.
A proposal for an exception must identify the specific provision from which an
exception is requested; describe how the proposal will be implemented by participating
law enforcement agencies and transportation authorities; and provide a plan for the
coordination of services.
The exception may be granted only for:
394.463. Involuntary examination.
An involuntary examination may be initiated by any one of
the following means:
A circuit or county court may enter an ex parte order stating that a person appears to
meet the criteria for involuntary examination and specifying the findings on which that
conclusion is based. The ex parte order for involuntary examination must be based on
written or oral sworn testimony that includes specific facts that support the findings. If
other less restrictive means are not available, such as voluntary appearance for outpatient
evaluation, a law enforcement officer, or other designated agent of the court, shall take
the person into custody and deliver him or her to an appropriate, or the nearest, facility
within the designated receiving system pursuant to s. 394.462 for involuntary
examination. The order of the court shall be made a part of the patient’s clinical record. A
fee may not be charged for the filing of an order under this subsection. A facility
accepting the patient based on this order must send a copy of the order to the department
the next working day. The order may be submitted electronically through existing data
systems, if available. The order shall be valid only until the person is delivered to the
facility or for the period specified in the order itself, whichever comes first. If no time
limit is specified in the order, the order shall be valid for 7 days after the date that the
order was signed.
A law enforcement officer shall take a person who appears to meet the criteria for
involuntary examination into custody and deliver the person or have him or her delivered
to an appropriate, or the nearest, facility within the designated receiving system pursuant
to s. 394.462 for examination. The officer shall execute a written report detailing the
circumstances under which the person was taken into custody, which must be made a part
of the
patient’s clinical record. Any facility accepting the patient based on this report must send
a copy of the report to the department the next working day.
A physician, clinical psychologist, psychiatric nurse, mental health counselor,
marriage and family therapist, or clinical social worker may execute a certificate stating
that he or she has examined a person within the preceding 48 hours and finds that the
person appears to meet the criteria for involuntary examination and stating the
observations upon which that conclusion is based. If other less restrictive means, such as
voluntary appearance for outpatient evaluation, are not available, a law enforcement
officer shall take into custody the person named in the certificate and deliver him or her
to the appropriate, or nearest, facility within the designated receiving system pursuant to
s. 394.462 for involuntary examination. The law enforcement officer shall execute a
written report detailing the circumstances under which the person was taken into custody.
The report and certificate shall be made a part of the patient’s clinical record. Any facility
accepting the patient based on this certificate must send a copy of the certificate to the
department the next working day. The document may be submitted electronically through
existing data systems, if applicable.
A person may not be removed from any program or residential placement licensed
under chapter 400 or chapter 429 and transported to a receiving facility for involuntary
examination unless an ex parte order, a professional certificate, or a law enforcement
officer’s report is first prepared. If the condition of the person is such that preparation of
a law enforcement officer’s report is not practicable before removal, the report shall be
completed as soon as possible after removal, but in any case before the person is
transported to a receiving facility. A facility admitting a person for involuntary
examination who is not accompanied by the required ex parte order, professional
certificate, or law enforcement officer’s report shall notify the department of such
admission by certified mail or by email, if available, by the next working day. The
provisions of this paragraph do not apply when transportation is provided by the patient’s
family or guardian.
A law enforcement officer acting in accordance with an ex parte order issued
pursuant to this subsection may serve and execute such order on any day of the week, at
any time of the day or night.
A law enforcement officer acting in accordance with an ex parte order issued
pursuant to this subsection may use such reasonable physical force as is necessary to gain
entry to the premises, and any dwellings, buildings, or other structures located on the
premises, and to take custody of the person who is the subject of the ex parte order.
The department shall receive and maintain the copies of ex parte orders, involuntary
outpatient services orders issued pursuant to s. 394.4655, involuntary inpatient placement
orders issued pursuant to s. 394.467, professional certificates, and law enforcement
officers’ reports. These documents shall be considered part of the clinical record,
governed by the provisions of s. 394.4615. These documents shall be used to prepare
annual reports analyzing the data obtained from these documents, without information
identifying patients, and shall provide copies of reports to the department, the President
of the Senate, the
Speaker of the House of Representatives, and the minority leaders of the Senate and the
House of Representatives.
A patient shall be examined by a physician or a clinical psychologist, or by a
psychiatric nurse performing within the framework of an established protocol with a
psychiatrist at a facility without unnecessary delay to determine if the criteria for
involuntary services are met. Emergency treatment may be provided upon the order of a
physician if the physician determines that such treatment is necessary for the safety of the
patient or others. The patient may not be released by the receiving facility or its
contractor without the documented approval of a psychiatrist or a clinical psychologist or,
if the receiving facility is owned or operated by a hospital or health system, the release
may also be approved by a psychiatric nurse performing within the framework of an
established protocol with a psychiatrist, or an attending emergency department physician
with experience in the diagnosis and treatment of mental illness after completion of an
involuntary examination pursuant to this subsection. A psychiatric nurse may not approve
the release of a patient if the involuntary examination was initiated by a psychiatrist
unless the release is approved by the initiating psychiatrist.
Within the 72hour examination period or, if the 72 hours ends on a weekend or
holiday, no later than the next working day thereafter, one of the following actions must
be taken, based on the individual needs of the patient:
The patient shall be released, unless he or she is charged with a crime, in which case
the patient shall be returned to the custody of a law enforcement officer;
The patient shall be released, subject to the provisions of subparagraph 1., for voluntary
outpatient treatment;
The patient, unless he or she is charged with a crime, shall be asked to give express and
informed consent to placement as a voluntary patient and, if such consent is given, the patient
shall be admitted as a voluntary patient; or
A petition for involuntary services shall be filed in the circuit court if inpatient treatment
is deemed necessary or with the criminal county court, as defined in s. 394.4655(1), as
applicable. When inpatient treatment is deemed necessary, the least restrictive treatment
consistent with the optimum improvement of the patient’s condition shall be made available.
When a petition is to be filed for involuntary outpatient placement, it shall be filed by one of
the petitioners specified in s. 394.4655(4)(a). A petition for involuntary inpatient placement
shall be filed by the facility administrator.
A person for whom an involuntary examination has been initiated who is being evaluated
or treated at a hospital for an emergency medical condition specified in s. 395.002 must be
examined by a facility within 72 hours. The 72hour period begins when the patient arrives at
the hospital and ceases when the attending physician documents that the patient has an
emergency medical condition. If the patient is examined at a hospital providing emergency
medical services by a professional qualified to perform an involuntary examination and is
found as a result of that examination not to meet the criteria for involuntary outpatient
services pursuant to s. 394.4655(2) or involuntary inpatient placement pursuant to s.
394.467(1), the patient may be offered voluntary services or placement, if appropriate, or
released
directly from the hospital providing emergency medical services. The finding by the
professional that the patient has been examined and does not meet the criteria for
involuntary inpatient services or involuntary outpatient placement must be entered into
the patient’s clinical record. This paragraph is not intended to prevent a hospital
providing emergency medical services from appropriately transferring a patient to
another hospital before stabilization if the requirements of s. 395.1041(3)(c) have been
met.
One of the following must occur within 12 hours after the patient’s attending
physician documents that the patient’s medical condition has stabilized or that an
emergency medical condition does not exist:
The patient must be examined by a facility and released; or
The patient must be transferred to a designated facility in which appropriate medical
treatment is available. However, the facility must be notified of the transfer within 2
hours after the patient’s condition has been stabilized or after determination that an
emergency medical condition does not exist.
NOTICE OF RELEASE.—Notice of the release shall be given to the patient’s
guardian or representative, to any person who executed a certificate admitting the patient
to the receiving facility, and to any court which ordered the patient’s evaluation.
CHAPTER 397
SUBSTANCE ABUSE SERVICES
397.675. Criteria for involuntary admissions, including protective custody,
emergency admission, and other involuntary assessment, involuntary treatment,
and alternative involuntary assessment for minors, for purposes of assessment and
stabilization, and for involuntary treatment.
A person meets the criteria for involuntary admission if there is good faith reason to
believe that the person is substance abuse impaired or has a cooccurring mental health
disorder and, because of such impairment or disorder:
Has lost the power of selfcontrol with respect to substance abuse; and
(a) Is in need of substance abuse services and, by reason of substance abuse
impairment, his or her judgment has been so impaired that he or she is incapable of
appreciating his or her need for such services and of making a rational decision in that
regard, although mere refusal to receive such services does not constitute evidence of
lack of judgment with respect to his or her need for such services; or
Without care or treatment, is likely to suffer from neglect or refuse to care for himself
or herself; that such neglect or refusal poses a real and present threat of substantial harm
to his or her wellbeing; and that it is not apparent that such harm may be avoided
through the help of willing family members or friends or the provision of other services,
or there is substantial likelihood that the person has inflicted, or threatened to or
attempted to
inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or
another.
397.677. Protective custody; circumstances justifying.
A law enforcement officer may implement protective custody measures as specified
in this part when a minor or an adult who appears to meet the involuntary admission
criteria in s. 397.675 is:
Brought to the attention of law enforcement; or
In a public place.
397.6771. Protective custody with consent.
397.6772. Protective custody without consent.
397.6775. Immunity from liability.
A law enforcement officer acting in good faith pursuant to this part may not be held
criminally or civilly liable for false imprisonment.
CHAPTER 403
ENVIRONMENTAL CONTROL
403.413. Florida Litter Law.
SHORT TITLE.—This section may be cited as the “Florida Litter Law.”
DEFINITIONS.—As used in this section:
“Aircraft” means a motor vehicle or other vehicle that is used or designed to fly but
does not include a parachute or any other device used primarily as safety equipment.
“Commercial purpose” means for the purpose of economic
gain.
“Commercial vehicle” means a vehicle that is owned or used by a business,
corporation, association, partnership, or sole proprietorship or any other entity
conducting business for a commercial purpose.
“Dump” means to dump, throw, discard, place, deposit, or dispose of.
“Law enforcement officer” means any officer of the Florida Highway Patrol, a
county sheriff’s department, a municipal law enforcement department, a law enforcement
department of any other political subdivision, or the Fish and Wildlife Conservation
Commission. In addition, and solely for the purposes of this section, “law enforcement
officer” means any employee of a county or municipal park or recreation department
designated by the department head as a litter enforcement officer.
“Litter” means any garbage; rubbish; trash; refuse; can; bottle; box; container; paper;
tobacco product; tire; appliance; mechanical equipment or part; building or construction
material; tool; machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm
machinery or equipment; sludge from a waste treatment facility, water supply treatment plant,
or air pollution control facility; or substance in any form resulting from domestic, industrial,
commercial, mining, agricultural, or governmental operations.
“Motor vehicle” means an automobile, motorcycle, truck, trailer, semitrailer, truck
tractor, or semitrailer combination or any other vehicle that is powered by a motor.
“Person” means any individual, firm, sole proprietorship, partnership, corporation, or
unincorporated association.
“Vessel” means a boat, barge, or airboat or any other vehicle used for transportation on
water.
RESPONSIBILITY OF LOCAL GOVERNING BODY OF A COUNTY OR
MUNICIPALITY.—The local governing body of a county or a municipality shall determine
the training and qualifications of any employee of the county or municipality or any
employee of the county or municipal park or recreation department designated to enforce the
provisions of this section if the designated employee is not a regular law enforcement officer.
DUMPING LITTER PROHIBITED.—Unless otherwise authorized by law or permit, it
is unlawful for any person to dump litter in any manner or amount:
In or on any public highway, road, street, alley, or
thoroughfare, including any portion of the rightofway thereof, or any other public lands,
except in containers or areas lawfully provided therefor. When any litter is thrown or
discarded from a motor vehicle, the operator or owner of the motor vehicle, or both, shall
be deemed in violation of this section;
In or on any freshwater lake, river, canal, or stream or tidal or coastal water of the
state, including canals. When any litter is thrown or discarded from a boat, the operator or
owner of the boat, or both, shall be deemed in violation of this section; or
In or on any private property, unless prior consent of the owner has been given and
unless the dumping of such litter by such person will not cause a public nuisance or
otherwise be in violation of any other state or local law, rule, or regulation.
DUMPING RAW HUMAN WASTE PROHIBITED.— Unless otherwise authorized
by law or permit, it is unlawful for any person to dump raw human waste from any train,
aircraft, motor vehicle, or vessel upon the public or private lands or waters of the state.
PENALTIES; ENFORCEMENT.—
Any person who dumps litter in violation of subsection (4) in an amount not
exceeding 15 pounds in weight or 27 cubic feet in volume and not for commercial
purposes is guilty of a noncriminal infraction, punishable by a civil penalty of $100, from
which $50 shall be deposited into the Solid Waste Management Trust Fund to be used for
the solid waste management grant program pursuant to s. 403.7095. In addition, the court
may require the violator to pick up litter or perform other labor commensurate with the
offense committed.
Any person who dumps litter in violation of subsection (4) in an amount exceeding 15
pounds in weight or 27 cubic feet in volume, but not exceeding 500 pounds in weight or 100
cubic feet in volume and not for commercial purposes is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the court shall require
the violator to pick up litter or perform other community service commensurate with the
offense committed. Further, if the violation involves the use of a motor vehicle, upon a
finding of guilt, whether or not adjudication is withheld or whether imposition of sentence is
withheld, deferred, or suspended, the court shall forward a record of the finding to the
Department of Highway Safety and Motor Vehicles, which shall record a penalty of three
points on the violator’s driver license pursuant to the point system established by s. 322.27.
Any person who dumps litter in violation of subsection (4) in an amount exceeding 500
pounds in weight or 100 cubic feet in volume or in any quantity for commercial purposes, or
dumps litter which is a hazardous waste as defined in s. 403.703, is guilty of a felony of the
third degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the court may
order the violator to:
Remove or render harmless the litter that he or she dumped in violation of this section;
Repair or restore property damaged by, or pay damages for any damage arising out of,
his or her dumping litter in violation of this section; or
Perform public service relating to the removal of litter
dumped in violation of this section or to the restoration of an area polluted by litter
dumped in violation of this section.
A court may enjoin a violation of this section.
A motor vehicle, vessel, aircraft, container, crane, winch, or machine used to dump
litter that exceeds 500 pounds in weight or 100 cubic feet in volume is declared
contraband and is subject to forfeiture in the same manner as provided in ss. 932.703 and
932.704.
If a person sustains damages arising out of a violation of this section that is
punishable as a felony, a court, in a civil action for such damages, shall order the person
to pay the injured party threefold the actual damages or $200, whichever amount is
greater. In addition, the court shall order the person to pay the injured party’s court costs
and attorney’s fees. A final judgment rendered in a criminal proceeding against a
defendant under this section estops the defendant from asserting any issue in a
subsequent civil action under this paragraph which he or she would be estopped from
asserting if such judgment were rendered in the civil action unless the criminal judgment
was based upon a plea of no contest or nolo contendere.
For the purposes of this section, if a person dumps litter or raw human waste from a
commercial vehicle, that person is presumed to have dumped the litter or raw human
waste for commercial purposes.
In the criminal trial of a person charged with violating this section, the state does not
have the burden of proving that the person did not have the right or authority to dump the
litter or raw human waste or that litter or raw human waste dumped on private
property causes a public nuisance. The defendant has the burden of proving that he or she
had authority to dump the litter or raw human waste and that the litter or raw human
waste dumped does not cause a public nuisance.
It shall be the duty of all law enforcement officers to enforce the provisions of this
section.
Any person who violates the provisions of subsection (5) is guilty of a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided,
however, that any person who dumps more than 500 pounds or more than 100 cubic feet
of raw human waste, or who dumps any quantity of such waste for commercial purposes,
is guilty of a felony of the third degree, punishable as provided in paragraph (c).
ENFORCEMENT BY CERTAIN COUNTY OR MUNICIPAL EMPLOYEES.—
Employees of counties or municipalities whose duty it is to ensure code compliance or to
enforce codes and ordinances may be designated by the governing body of the county or
the municipality to enforce the provisions of this section. Designation of such employees
shall not provide the employees with the authority to bear arms or to make arrests.
ENFORCEMENT OF OTHER REGULATIONS.—This section does not limit the
authority of any state or local agency to enforce other laws, rules, or ordinances relating
to litter or solid waste management.
CHAPTER 406
MEDICAL EXAMINERS; DISPOSITION OF HUMAN
REMAINS
406.11. Examinations, investigations, and autopsies.
In any of the following circumstances involving the death of a human being, the
medical examiner of the district in which the death occurred or the body was found shall
determine the cause of death and shall, for that purpose, make or have performed such
examinations, investigations, and autopsies as he or she shall deem necessary or as shall
be requested by the state attorney:
When any person dies in the state: 1. Of
criminal violence.
2. By accident.
3. By suicide.
4. Suddenly, when in apparent good health.
Unattended by a practicing physician or other recognized practitioner.
In any prison or penal institution.
In police custody.
In any suspicious or unusual circumstance.
By criminal abortion.
By poison.
By disease constituting a threat to public health.
By disease, injury, or toxic agent resulting from employment.
When a dead body is brought into the state without proper medical certification.
When a body is to be cremated, dissected, or buried at sea.
(a) The district medical examiner shall have the authority in any case coming under
subsection (1) to perform, or have performed, whatever autopsies or laboratory
examinations he or she deems necessary and in the public interest to determine the
identification of or cause or manner of death of the deceased or to obtain evidence
necessary for forensic examination.
[Remainder intentionally omitted.]
406.12. Duty to report; prohibited acts.
It is the duty of any person in the district where a death occurs, including all
municipalities and unincorporated and federal areas, who becomes aware of the death of
any person occurring under the circumstances described in s. 406.11 to report such death
and circumstances forthwith to the district medical examiner. Any person who knowingly
fails or refuses to report such death and circumstances, who refuses to make available
prior medical or other information pertinent to the death investigation, or who, without an
order from the office of the district medical examiner, willfully touches, removes, or
disturbs the body, clothing, or any article upon or near the body, with the intent to alter
the evidence or circumstances surrounding the death, shall be guilty of a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
CHAPTER 413
VOCATIONAL REHABILITATION
413.08. Rights and responsibilities of an individual with a disability; use of a
service animal; prohibited discrimination in public employment, public
accommodations, and housing accommodations; penalties.
(1) As used in this section and s. 413.081, the term:
“Housing accommodation” means any real property or portion thereof which is used
or occupied, or intended, arranged, or designed to be used or occupied, as the home,
residence, or sleeping place of one or more persons, but does not include any single
family residence, the occupants of which rent, lease, or furnish for compensation not
more than one room therein.
“Individual with a disability” means a person who has a physical or mental
impairment that substantially limits one or more major life activities of the individual. As
used in this paragraph, the term:
“Major life activity” means a function such as caring for one’s self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
“Physical or mental impairment” means:
preventing or interrupting impulsive or destructive behaviors, reminding an individual
with mental illness to take prescribed medications, calming an individual with
posttraumatic stress disorder during an anxiety attack, or doing other specific work or
performing other special tasks. A service animal is not a pet. For purposes of subsections
(2), (3), and (4), the term “service animal” is limited to a dog or miniature horse. The
crimedeterrent effect of an animal’s presence and the provision of emotional support,
wellbeing, comfort, or companionship do not constitute work or tasks for purposes of
this definition.
An individual with a disability is entitled to full and equal accommodations,
advantages, facilities, and privileges in all public accommodations. A public
accommodation must modify its policies, practices, and procedures to permit use of a
service animal by an individual with a disability. This section does not require any
person, firm, business, or corporation, or any agent thereof, to modify or provide any
vehicle, premises, facility, or service to a higher degree of accommodation than is
required for a person not so disabled.
An individual with a disability has the right to be accompanied by a service animal in
all areas of a public accommodation that the public or customers are normally permitted
to occupy.
The service animal must be under the control of its handler and must have a harness,
leash, or other tether, unless either the handler is unable because of a disability to use a
harness, leash, or other tether, or the use of a harness, leash, or other tether would
interfere with the service animal’s safe, effective performance of work or tasks, in which
case the service animal must be otherwise
under the handler’s control by means of voice control, signals, or other effective means.
Documentation that the service animal is trained is not a precondition for providing
service to an individual accompanied by a service animal. A public accommodation may
not ask about the nature or extent of an individual’s disability. To determine the
difference between a service animal and a pet, a public accommodation may ask if an
animal is a service animal required because of a disability and what work or tasks the
animal has been trained to perform.
A public accommodation may not impose a deposit or surcharge on an individual
with a disability as a precondition to permitting a service animal to accompany the
individual with a disability, even if a deposit is routinely required for pets.
An individual with a disability is liable for damage caused by a service animal if it is
the regular policy and practice of the public accommodation to charge nondisabled
persons for damages caused by their pets.
The care or supervision of a service animal is the responsibility of the individual
owner. A public accommodation is not required to provide care or food or a special
location for the service animal or assistance with removing animal excrement.
A public accommodation may exclude or remove any animal from the premises,
including a service animal, if the animal is out of control and the animal’s handler does
not take effective action to control it, the animal is not housebroken, or the animal’s
behavior poses a direct threat to the health and safety of others. Allergies and fear of
animals are not valid reasons for
denying access or refusing service to an individual with a service animal. If a service
animal is excluded or removed for being a direct threat to others, the public
accommodation must provide the individual with a disability the option of continuing
access to the public accommodation without having the service animal on the premises.
Any person, firm, or corporation, or the agent of any person, firm, or corporation,
who denies or interferes with admittance to, or enjoyment of, a public accommodation or,
with regard to a public accommodation, otherwise interferes with the rights of an
individual with a disability or the trainer of a service animal while engaged in the training
of such an animal pursuant to subsection (8), commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083 and must perform 30 hours of
community service for an organization that serves individuals with disabilities, or for
another entity or organization at the discretion of the court, to be completed in not more
than 6 months.
It is the policy of this state that an individual with a disability be employed in the
service of the state or political subdivisions of the state, in the public schools, and in all
other employment supported in whole or in part by public funds, and an employer may
not refuse employment to such a person on the basis of the disability alone, unless it is
shown that the particular disability prevents the satisfactory performance of the work
involved.
An individual with a disability is entitled to rent, lease, or purchase, as other
members of the general public, any housing accommodations offered for rent, lease, or
other compensation in
this state, subject to the conditions and limitations established by law and applicable alike
to all persons.
This section does not require any person renting, leasing, or otherwise providing real
property for compensation to modify her or his property in any way or provide a higher
degree of care for an individual with a disability than for a person who is not disabled.
An individual with a disability who has a service animal or who obtains a service
animal is entitled to full and equal access to all housing accommodations provided for in
this section, and such a person may not be required to pay extra compensation for such
animal. However, such a person is liable for any damage done to the premises or to
another person on the premises by the animal. A housing accommodation may request
proof of compliance with vaccination requirements.
This subsection does not limit the rights or remedies of a housing accommodation or
an individual with a disability that are granted by federal law or another law of this state
with regard to other assistance animals.
An employer covered under subsection (5) who discriminates against an individual
with a disability in employment, unless it is shown that the particular disability prevents
the satisfactory performance of the work involved, or any person, firm, or corporation, or
the agent of any person, firm, or corporation, providing housing accommodations as
provided in subsection (6) who discriminates against an individual with a disability,
commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083.
Any trainer of a service animal, while engaged in the training of such an animal, has
the same rights and privileges with respect to access to public facilities and the same
liability for damage as is provided for those persons described in subsection
accompanied by service animals.
A person who knowingly and willfully misrepresents herself or himself, through
conduct or verbal or written notice, as using a service animal and being qualified to use a
service animal or as a trainer of a service animal commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083 and must perform 30 hours of
community service for an organization that serves individuals with disabilities, or for
another entity or organization at the discretion of the court, to be completed in not more
than 6 months.
CHAPTER 414
FAMILY SELFSUFFICIENCY
414.39. Fraud.
(1) Any person who knowingly:
Uses, transfers, acquires, traffics, alters, forges, or possesses;
Attempts to use, transfer, acquire, traffic, alter, forge, or possess; or
Aids and abets another person in the use, transfer, acquisition, traffic, alteration,
forgery, or possession of,
a food assistance identification card, an authorization, including, but not limited to,
an electronic authorization, for the
expenditure of food assistance benefits, a certificate of eligibility for medical services, or
a Medicaid identification card in any manner not authorized by law commits a crime and
shall be punished as provided in subsection (5).
(b) As used in this subsection, the term “traffic” includes:
food assistance benefits in exchange for cash or consideration other than eligible food.
Any person who has possession of two or more electronic benefits transfer (EBT)
cards issued to other persons and who sells or attempts to sell one or more of these cards
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083. A second or subsequent violation of this paragraph constitutes a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
In addition to any other penalty, a person who commits a violation of paragraph (c)
shall be ordered by the court to serve at least 20 hours of community service. If the court
determines that the community service can be performed at a nonprofit entity that
provides the community with food services for the needy, the court shall order that the
community service be performed at such an entity.
Any person having duties in the administration of a state or federally funded public
assistance program or in the distribution of public assistance, or authorizations or
identifications to obtain public assistance, under a state or federally funded public
assistance program and who:
Fraudulently misappropriates, attempts to misappropriate, or aids and abets in the
misappropriation of, food assistance, an authorization for food assistance, a food
assistance identification card, a certificate of eligibility for prescribed medicine, a
Medicaid identification card, or public assistance from any other state or federally funded
program with which he or she has been entrusted or of which he or she has gained
possession by virtue of
his or her position, or who knowingly fails to disclose any such fraudulent activity; or
Knowingly misappropriates, attempts to misappropriate, or aids or abets in the
misappropriation of, funds given in exchange for food assistance program benefits or for
any form of food assistance benefits authorization,
commits a crime and shall be punished as provided in subsection (5).
(4) Any person who:
Knowingly files, attempts to file, or aids and abets in the filing of, a claim for
services to a recipient of public assistance under any state or federally funded public
assistance program for services that were not rendered; knowingly files a false claim or a
claim for nonauthorized items or services under such a program; or knowingly bills the
recipient of public assistance under such a program, or his or her family, for an amount in
excess of that provided for by law or regulation;
Knowingly fails to credit the state or its agent for payments received from social
security, insurance, or other sources; or
In any way knowingly receives, attempts to receive, or aids and abets in the receipt
of, unauthorized payment or other unauthorized public assistance or authorization or
identification to obtain public assistance as provided herein,
commits a crime and shall be punished as provided in subsection (5).
(a) If the value of the public assistance or identification
wrongfully received, retained, misappropriated, sought, or used is less than an aggregate
value of $200 in any 12 consecutive months, such person commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083.
If the value of the public assistance or identification wrongfully received, retained,
misappropriated, sought, or used is of an aggregate value of $200 or more, but less than
$20,000 in any 12 consecutive months, such person commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If the value of the public assistance or identification wrongfully received, retained,
misappropriated, sought, or used is of an aggregate value of $20,000 or more, but less
than $100,000 in any 12 consecutive months, such person commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If the value of the public assistance or identification wrongfully received, retained,
misappropriated, sought, or used is of an aggregate value of $100,000 or more in any 12
consecutive months, such person commits a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
As used in this subsection, the value of a food assistance authorization benefit is the
cash or exchange value unlawfully obtained by the fraudulent act committed in violation
of this section.
As used in this section, “fraud” includes the introduction of fraudulent records into a
computer system, the unauthorized use of computer facilities, the intentional or deliberate
alteration or
destruction of computerized information or files, and the stealing of financial
instruments, data, and other assets.
Any person providing service for which compensation is paid under any state or
federally funded public assistance program who solicits, requests, or receives, either
actually or constructively, any payment or contribution through a payment, assessment,
gift, devise, bequest or other means, whether directly or indirectly, from a recipient of
public assistance from such public assistance program, or from the family of such a
recipient, shall notify the Department of Children and Families, on a form provided by
the department, of the amount of such payment or contribution and of such other
information as specified by the department, within 10 days after the receipt of such
payment or contribution or, if said payment or contribution is to become effective at
some time in the future, within 10 days of the consummation of the agreement to make
such payment or contribution. Failure to notify the department within the time prescribed
is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Repayment of public assistance benefits or services or return of authorization or
identification wrongfully obtained is not a defense to, or ground for dismissal of, criminal
charges brought under this section.
(a) The introduction into evidence of a paid state warrant made to the order of the
defendant is prima facie evidence that the defendant did receive public assistance from
the state.
The introduction into evidence of a transaction history generated by a Personal
Identification Number (PIN) establishing
a purchase or withdrawal by electronic benefit transfer is prima facie evidence that the
identified recipient received public assistance from the state.
All records relating to investigations of public assistance fraud in the custody of the
department and the Agency for Health Care Administration are available for examination
by the Department of Financial Services pursuant to s. 414.411 and are admissible into
evidence in proceedings brought under this section as business records within the
meaning of s. 90.803(6).
The department shall create an errorprone or fraudprone case profile within its
public assistance information system and shall screen each application for public
assistance, including food assistance, Medicaid, and temporary cash assistance, against
the profile to identify cases that have a potential for error or fraud. Each case so identified
shall be subjected to preeligibility fraud screening.
(a) Subject to availability of funds, the department or the director of the Office of
Public Benefits Integrity shall, unless the person declines the reward, pay a reward to a
person who furnishes and reports original information relating to a violation of the state’s
public assistance fraud laws if the information and report:
Are made to the department, the Department of Financial Services, or the Department
of Law Enforcement.
Relate to criminal fraud upon public assistance program funds or a criminal violation
of public assistance fraud laws by another person.
Lead to the recovery of a fine, penalty, or forfeiture of property.
The reward may not exceed 10 percent of the amount recovered or $500,000,
whichever is less, in a single case.
The reward shall be paid from the state share of the recovery in the Federal Grants
Trust Fund from moneys collected pursuant to s. 414.41.
A person who receives a reward pursuant to this subsection is not eligible to receive
funds pursuant to the Florida False Claims Act for Medicaid fraud for which the reward
was received.
CHAPTER 415
ADULT PROTECTIVE SERVICES
415.102. Definitions of terms used in ss. 415.101415.113.
As used in ss. 415.101415.113, the term:
“Abuse” means any willful act or threatened act by a relative, caregiver, or household
member which causes or is likely to cause significant impairment to a vulnerable adult’s
physical, mental, or emotional health. Abuse includes acts and omissions.
“Activities of daily living” means functions and tasks for selfcare, including
ambulation, bathing, dressing, eating, grooming, toileting, and other similar tasks.
“Alleged perpetrator” means a person who has been named by a reporter as the
person responsible for abusing, neglecting, or exploiting a vulnerable adult.
“Capacity to consent” means that a vulnerable adult has sufficient understanding to
make and communicate responsible decisions regarding the vulnerable adult’s person or
property, including whether or not to accept protective services offered by the
department.
“Caregiver” means a person who has been entrusted with or has assumed the
responsibility for frequent and regular care of or services to a vulnerable adult on a
temporary or permanent basis and who has a commitment, agreement, or understanding
with that person or that person’s guardian that a caregiver role exists. “Caregiver”
includes, but is not limited to, relatives, household members, guardians, neighbors, and
employees and volunteers of
facilities as defined in subsection (9). For the purpose of departmental investigative
jurisdiction, the term “caregiver” does not include law enforcement officers or employees
of municipal or county detention facilities or the Department of Corrections while acting
in an official capacity.
“Deception” means a misrepresentation or concealment of a material fact relating to
services rendered, disposition of property, or the use of property intended to benefit a
vulnerable adult.
“Department” means the Department of Children and Families.
(a) “Exploitation” means a person who:
Stands in a position of trust and confidence with a vulnerable adult and knowingly,
by deception or intimidation, obtains or uses, or endeavors to obtain or use, a vulnerable
adult’s funds, assets, or property with the intent to temporarily or permanently deprive a
vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the
benefit of someone other than the vulnerable adult; or
Knows or should know that the vulnerable adult lacks the capacity to consent, and
obtains or uses, or endeavors to obtain or use, the vulnerable adult’s funds, assets, or
property with the intent to temporarily or permanently deprive the vulnerable adult of the
use, benefit, or possession of the funds, assets, or property for the benefit of someone
other than the vulnerable adult.
(b) “Exploitation” may include, but is not limited to:
Breaches of fiduciary relationships, such as the misuse of a power of attorney or the
abuse of guardianship duties, resulting in
the unauthorized appropriation, sale, or transfer of property;
Unauthorized taking of personal assets;
Misappropriation, misuse, or transfer of moneys belonging to a vulnerable adult from
a personal or joint account; or
Intentional or negligent failure to effectively use a vulnerable adult’s income and
assets for the necessities required for that person’s support and maintenance.
“Facility” means any location providing day or residential care or treatment for
vulnerable adults. The term “facility” may include, but is not limited to, any hospital,
state institution, nursing home, assisted living facility, adult familycare home, adult day
care center, residential facility licensed under chapter 393, adult day training center, or
mental health treatment center.
“False report” means a report of abuse, neglect, or exploitation of a vulnerable adult
to the central abuse hotline which is not true and is maliciously made for the purpose of:
Harassing, embarrassing, or harming another person;
Personal financial gain for the reporting person;
Acquiring custody of a vulnerable adult; or
Personal benefit for the reporting person in any other private dispute involving a
vulnerable adult.
The term “false report” does not include a report of abuse, neglect, or exploitation of
a vulnerable adult which is made in good faith to the central abuse hotline.
“Fiduciary relationship” means a relationship based upon
the trust and confidence of the vulnerable adult in the caregiver, relative, household
member, or other person entrusted with the use or management of the property or assets
of the vulnerable adult. The relationship exists where there is a special confidence
reposed in one who in equity and good conscience is bound to act in good faith and with
due regard to the interests of the vulnerable adult. For the purposes of this part, a
fiduciary relationship may be formed by an informal agreement between the vulnerable
adult and the other person and does not require a formal declaration or court order for its
existence. A fiduciary relationship includes, but is not limited to, courtappointed or
voluntary guardians, trustees, attorneys, or conservators of a vulnerable adult’s assets or
property.
“Guardian” means a person who has been appointed by a court to act on behalf of a
person; a preneed guardian, as provided in chapter 744; or a health care surrogate
expressly designated as provided in chapter 765.
“Inhome services” means the provision of nursing, personal care, supervision, or
other services to vulnerable adults in their own homes.
“Intimidation” means the communication by word or act to a vulnerable adult that
that person will be deprived of food, nutrition, clothing, shelter, supervision, medicine,
medical services, money, or financial support or will suffer physical violence.
“Lacks capacity to consent” means a mental impairment that causes a vulnerable
adult to lack sufficient understanding or capacity to make or communicate responsible
decisions
concerning person or property, including whether or not to accept protective services.
“Neglect” means the failure or omission on the part of the caregiver or vulnerable
adult to provide the care, supervision, and services necessary to maintain the physical and
mental health of the vulnerable adult, including, but not limited to, food, clothing,
medicine, shelter, supervision, and medical services, which a prudent person would
consider essential for the wellbeing of a vulnerable adult. The term “neglect” also means
the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a
vulnerable adult from abuse, neglect, or exploitation by others. “Neglect” is repeated
conduct or a single incident of carelessness which produces or could reasonably be
expected to result in serious physical or psychological injury or a substantial risk of
death.
“Obtains or uses” means any manner of:
Taking or exercising control over property;
Making any use, disposition, or transfer of property;
Obtaining property by fraud, willful misrepresentation of a future act, or false
promise; or
1. Conduct otherwise known as stealing; larceny;
purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or
obtaining money or property by false pretenses, fraud, or deception; or
2. Other conduct similar in nature.
“Office” has the same meaning as in s. 400.0060.
“Position of trust and confidence” with respect to a vulnerable adult means the
position of a person who:
Is a parent, spouse, adult child, or other relative by blood or marriage;
Is a joint tenant or tenant in common;
Has a legal or fiduciary relationship, including, but not limited to, a courtappointed
or voluntary guardian, trustee, attorney, or conservator; or
Is a caregiver or any other person who has been entrusted with or has assumed
responsibility for the use or management of the vulnerable adult’s funds, assets, or
property.
“Protective investigation” means acceptance of a report from the central abuse
hotline alleging abuse, neglect, or exploitation as defined in this section; investigation of
the report; determination as to whether action by the court is warranted; and referral of
the vulnerable adult to another public or private agency when appropriate.
“Protective investigator” means an authorized agent of the department who receives
and investigates reports of abuse, neglect, or exploitation of vulnerable adults.
“Protective services” means services to protect a vulnerable adult from further
occurrences of abuse, neglect, or exploitation. Such services may include, but are not
limited to, protective supervision, placement, and inhome and communitybased
services.
“Protective supervision” means those services arranged for
or implemented by the department to protect vulnerable adults from further occurrences
of abuse, neglect, or exploitation.
“Psychological injury” means an injury to the intellectual functioning or emotional
state of a vulnerable adult as evidenced by an observable or measurable reduction in the
vulnerable adult’s ability to function within that person’s customary range of
performance and that person’s behavior.
“Records” means all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, videotapes, or other material, regardless of physical form or
characteristics, made or received pursuant to a protective investigation.
“Sexual abuse” means acts of a sexual nature committed in the presence of a
vulnerable adult without that person’s informed consent. “Sexual abuse” includes, but is
not limited to, the acts defined in s. 794.011(1)(h), fondling, exposure of a vulnerable
adult’s sexual organs, or the use of a vulnerable adult to solicit for or engage in
prostitution or sexual performance. “Sexual abuse” does not include any act intended for
a valid medical purpose or any act that may reasonably be construed to be normal
caregiving action or appropriate display of affection.
“Victim” means any vulnerable adult named in a report of abuse, neglect, or
exploitation.
“Vulnerable adult” means a person 18 years of age or older whose ability to perform
the normal activities of daily living or to provide for his or her own care or protection is
impaired due to a mental, emotional, sensory, longterm physical, or developmental
disability or dysfunction, or brain damage, or the infirmities of aging.
“Vulnerable adult in need of services” means a vulnerable adult who has been
determined by a protective investigator to be suffering from the ill effects of neglect not
caused by a second party perpetrator and is in need of protective services or other
services to prevent further harm.
415.103. Central abuse hotline.
The department shall establish and maintain a central abuse hotline that receives all
reports made pursuant to s. 415.1034 in writing or through a single statewide tollfree
telephone number. Any person may use the statewide tollfree telephone number to report
known or suspected abuse, neglect, or exploitation of a vulnerable adult at any hour of
the day or night, any day of the week. The central abuse hotline must be operated in such
a manner as to enable the department to:
Accept reports for investigation when there is a reasonable cause to suspect that a
vulnerable adult has been or is being abused, neglected, or exploited.
Determine whether the allegations made by the reporter require an immediate, 24
hour, or nextworkingday response priority.
When appropriate, refer calls that do not allege the abuse, neglect, or exploitation of
a vulnerable adult to other organizations that might better resolve the reporter’s concerns.
Immediately identify and locate prior reports of abuse, neglect, or exploitation
through the central abuse hotline.
Track critical steps in the investigative process to ensure
compliance with all requirements for all reports.
The department shall set standards, priorities, and policies to maximize the efficiency
and effectiveness of the central abuse hotline.
415.104. Protective investigations of cases of abuse, neglect, or exploitation of
vulnerable adults; transmittal of records to state attorney.
The department shall, upon receipt of a report alleging abuse, neglect, or exploitation
of a vulnerable adult, begin within 24 hours a protective investigation of the facts alleged
therein. If a caregiver refuses to allow the department to begin a protective investigation
or interferes with the conduct of such an investigation, the appropriate law enforcement
agency shall be contacted for assistance. If, during the course of the investigation, the
department has reason to believe that the abuse, neglect, or exploitation is perpetrated by
a second party, the appropriate law enforcement agency and state attorney shall be orally
notified. The department and the law enforcement agency shall cooperate to allow the
criminal investigation to proceed concurrently with, and not be hindered by, the
protective investigation. The department shall make a preliminary written report to the
law enforcement agencies within 5 working days after the oral report. The department
shall, within 24 hours after receipt of the report, notify the appropriate Florida local
advocacy council, or the State LongTerm Care Ombudsman Program, when appropriate,
that an alleged abuse, neglect, or exploitation perpetrated by a second party has occurred.
Notice to the Florida local advocacy council or the State LongTerm Care Ombudsman
Program may be accomplished orally or in writing and shall include the name and
location of the vulnerable adult alleged to have been abused,
neglected, or exploited and the nature of the report.
Upon commencing an investigation, the protective investigator shall inform all of the
vulnerable adults and alleged perpetrators named in the report of the following:
The names of the investigators and identifying credentials from the department.
The purpose of the investigation.
That the victim, the victim’s guardian, the victim’s caregiver, and the alleged
perpetrator, and legal counsel for any of those persons, have a right to a copy of the
report at the conclusion of the investigation.
The name and telephone number of the protective investigator’s supervisor available
to answer questions.
That each person has the right to obtain his or her own attorney.
Any person being interviewed by a protective investigator may be represented by an
attorney, at the person’s own expense, or may choose to have another person present. The
other person present may not be an alleged perpetrator in any report currently under
investigation. Before participating in such interview, the other person present shall
execute an agreement to comply with the confidentiality requirements of ss. 415.101
415.113. The absence of an attorney or other person does not prevent the department
from proceeding with other aspects of the investigation, including interviews with other
persons. In an investigative interview with a vulnerable adult, the protective investigator
may conduct the interview with no other person
present.
For each report it receives, the department shall perform an onsite investigation to:
Determine that the person is a vulnerable adult as defined in s. 415.102.
Determine whether the person is a vulnerable adult in need of services, as defined in
s. 415.102.
Determine the composition of the family or household, including the name, address,
date of birth, social security number, sex, and race of each person in the household.
Determine whether there is an indication that a vulnerable adult is abused, neglected,
or exploited.
Determine the nature and extent of present or prior injuries, abuse, or neglect, and
any evidence thereof.
Determine, if possible, the person or persons apparently responsible for the abuse,
neglect, or exploitation, including name, address, date of birth, social security number,
sex, and race.
Determine the immediate and longterm risk to each vulnerable adult through
utilization of standardized risk assessment instruments.
Determine the protective, treatment, and ameliorative services necessary to safeguard
and ensure the vulnerable adult’s wellbeing and cause the delivery of those services.
No later than 60 days after receiving the initial report, the designated protective
investigative staff of the department shall
complete the investigation and notify the guardian of the vulnerable adult, the vulnerable
adult, and the caregiver of any recommendations of services to be provided to ameliorate
the causes or effects of abuse, neglect, or exploitation.
Whenever the law enforcement agency and the department have conducted
independent investigations, the law enforcement agency shall, within 5 working days
after concluding its investigation, report its findings to the state attorney and to the
department.
Upon receipt of a report which alleges that an employee or agent of the department
acting in an official capacity has committed an act of abuse, neglect, or exploitation, the
department shall commence, or cause to be commenced, a protective investigation and
shall notify the state attorney in whose circuit the alleged abuse, neglect, or exploitation
occurred.
With respect to any case of reported abuse, neglect, or exploitation of a vulnerable
adult, the department, when appropriate, shall transmit all relevant reports to the state
attorney of the circuit where the incident occurred.
Within 15 days after completion of the state attorney’s investigation of a case
reported to him or her pursuant to this section, the state attorney shall report his or her
findings to the department and shall include a determination of whether or not
prosecution is justified and appropriate in view of the circumstances of the specific case.
The department shall not use a warning, reprimand, or disciplinary action against an
employee, found in that employee’s personnel records, as the sole basis for a finding of
abuse, neglect,
or exploitation.
415.1051. Protective services interventions when capacity to consent is lacking;
nonemergencies; emergencies; orders; limitations.
[Intentionally omitted.]
protective services and that the vulnerable adult, from the personal observations of the
representative of the department and specified medical personnel or law enforcement
officers, is likely to incur a risk of death or serious physical injury if such person is not
immediately removed from the premises, then the representative of the department shall
transport or arrange for the transportation of the vulnerable adult to an appropriate
medical or protective services facility in order to provide emergency protective services.
Law enforcement personnel have a duty to transport when medical transportation is not
available or needed and the vulnerable adult presents a threat of injury to self or others. If
the vulnerable adult’s caregiver or guardian is present, the protective investigator must
seek the caregiver’s or guardian’s consent pursuant to subsection (4) before the
vulnerable adult may be removed from the premises, unless the protective investigator
suspects that the vulnerable adult’s caregiver or guardian has caused the abuse, neglect,
or exploitation. The department shall, within 24 hours after providing or arranging for
emergency removal of the vulnerable adult, excluding Saturdays, Sundays, and legal
holidays, petition the court for an order authorizing emergency protective services.
Emergency medical treatment.—If, upon admission to a medical facility, it is the
opinion of the medical staff that immediate medical treatment is necessary to prevent
serious physical injury or death, and that such treatment does not violate a known health
care advance directive prepared by the vulnerable adult, the medical facility may proceed
with treatment to the vulnerable adult. If a person with legal authority to give consent for
the provision of medical treatment to a vulnerable adult has
not given or has refused to give such consent, examination and treatment must be limited
to reasonable examination of the patient to determine the medical condition of the patient
and treatment reasonably necessary to alleviate the emergency medical condition or to
stabilize the patient pending court determination of the department’s petition authorizing
emergency protective services. Any person may seek an expedited judicial intervention
under rule 5.900 of the Florida Probate Rules concerning medical treatment procedures.
Emergency protective services petition.—A petition filed under this subsection must
state the name, age, and address of the vulnerable adult and allege the facts constituting
the emergency protective services intervention and subsequent removal of the vulnerable
adult or provision of inhome services, the facts relating to the capacity of the vulnerable
adult to consent to services, the efforts of the department to obtain consent, and the
services needed or delivered.
Notice.—Notice of the filing of the emergency protective services petition and a
copy of the petition must be given to the vulnerable adult, to that person’s spouse, to that
person’s guardian, if any, to legal counsel representing the vulnerable adult, and, when
known, to adult children or next of kin of the vulnerable adult. Such notice must be given
at least 24 hours before any hearing on the petition for emergency protective services.
Hearing.—When emergency removal has occurred under this subsection, a hearing
must be held within 4 days after the filing of the emergency protective services petition,
excluding Saturday, Sunday, and legal holidays, to establish reasonable
cause for grounds to continue emergency protective services.
The court shall determine, by clear and convincing evidence, whether an emergency
existed which justified the emergency protective services intervention, whether the
vulnerable adult is in need of emergency protective services, whether the vulnerable adult
lacks the capacity to consent to emergency protective services, and whether:
a. Emergency protective services will continue with the consent of the vulnerable
adult;
b. Emergency protective services will continue without the consent of the vulnerable
adult; or
c. Emergency protective services will be discontinued.
The vulnerable adult has the right to be represented by legal counsel at the hearing.
The court shall appoint legal counsel to represent a vulnerable adult who is without legal
representation.
The department must make reasonable efforts to ensure the presence of the
vulnerable adult at the hearing.
If an order to continue emergency protective services is issued, it must state the
services to be provided and designate an individual or agency to be responsible for
performing or obtaining the essential services, or otherwise consenting to protective
services on behalf of the vulnerable adult.
(g) Continued emergency protective services.—
Not more than 60 days after the date of the order authorizing the provision of
emergency protective services, the department shall petition the court to determine
whether:
a. Emergency protective services will be continued with the consent of the vulnerable
adult;
b. Emergency protective services will be continued for the vulnerable adult who
lacks capacity;
c. Emergency protective services will be discontinued; or d. A petition
should be filed under chapter 744.
If it is decided to file a petition under chapter 744, for good cause shown, the court
may order continued emergency protective services until a determination is made by the
court.
If the department has a good faith belief that the vulnerable adult lacks the capacity
to consent to protective services, the petition to determine incapacity under s. 744.3201
may be filed by the department. Once the petition is filed, the department may not be
appointed guardian and may not provide legal counsel for the guardian.
Costs.—The costs of services ordered under this section must be paid by the
perpetrator if the perpetrator is financially able to do so, or by thirdparty reimbursement,
if available.
PROTECTIVE SERVICES ORDER.—In ordering any protective services under this
section, the court shall adhere to the following limitations:
Only such protective services as are necessary to ameliorate the conditions creating
the abuse, neglect, or exploitation may be ordered, and the court shall specifically
designate the approved services in the order of the court.
Protective services ordered may not include a change of
residence, unless the court specifically finds such action is necessary to ameliorate the
conditions creating the abuse, neglect, or exploitation and the court gives specific
approval for such action in the order. Placement may be made to such facilities as adult
familycare homes, assisted living facilities, or nursing homes, or to other appropriate
facilities. Placement may not be made to facilities for the acutely mentally ill, except as
provided in chapter 394.
If an order to continue emergency protective services is issued, it must include the
designation of an individual or agency to be responsible for performing or obtaining the
essential services on behalf of the vulnerable adult or otherwise consenting to protective
services on behalf of the vulnerable adult.
PROTECTIVE SERVICES INTERVENTIONS WITH CAREGIVER OR
GUARDIAN PRESENT.—
When a vulnerable adult who lacks the capacity to consent has been identified as the
victim, the protective investigator must first request consent from the caregiver or
guardian, if present, before providing protective services or protective supervision, unless
the protective investigator suspects that the caregiver or guardian has caused the abuse,
neglect, or exploitation.
If the caregiver or guardian agrees to engage or provide services designed to prevent
further abuse, neglect, or exploitation, the department may provide protective
supervision.
If the caregiver or guardian refuses to give consent or later withdraws consent to
agreedupon services, or otherwise fails to provide needed care and supervision, the
department may provide emergency protective services as provided in subsection (2). If
emergency protective services are so provided, the department must then petition the
court for an order to provide emergency protective services under subsection (3).
(5) INTERFERENCE WITH COURTORDERED PROTECTIVE SERVICES.—
When a court order exists authorizing protective services for a vulnerable adult who lacks
capacity to consent and any person interferes with the provision of such courtordered
protective services, the appropriate law enforcement agency shall enforce the order of the
court.
LIMITATIONS.—This section does not limit in any way the authority of the court or
a criminal justice officer, or any other duly appointed official, to intervene in emergency
circumstances under existing statutes. This section does not limit the authority of any
person to file a petition for guardianship under chapter 744.
415.107. Confidentiality of reports and records.
In order to protect the rights of the individual or other persons responsible for the
welfare of a vulnerable adult, all records concerning reports of abuse, neglect, or
exploitation of the vulnerable adult, including reports made to the central abuse hotline,
and all records generated as a result of such reports shall be confidential and exempt from
s. 119.07(1) and may not be disclosed except as specifically authorized by ss. 415.101
415.113.
Upon the request of the committee chairperson, access to all records shall be granted
to staff of the legislative committees with jurisdiction over issues and services related to
vulnerable adults, or over the department. All confidentiality provisions that apply to
the Department of Children and Families continue to apply to the records made available
to legislative staff under this subsection.
Access to all records, excluding the name of the reporter which shall be released only
as provided in subsection (6), shall be granted only to the following persons, officials,
and agencies:
Employees or agents of the department, the Agency for Persons with Disabilities, the
Agency for Health Care Administration, or the Department of Elderly Affairs who are
responsible for carrying out protective investigations, ongoing protective services, or
licensure or approval of nursing homes, assisted living facilities, adult day care centers,
adult familycare homes, home care for the elderly, hospices, residential facilities
licensed under chapter 393, or other facilities used for the placement of vulnerable adults.
A criminal justice agency investigating a report of known or suspected abuse,
neglect, or exploitation of a vulnerable adult.
The state attorney of the judicial circuit in which the vulnerable adult resides or in
which the alleged abuse, neglect, or exploitation occurred.
Any victim, the victim’s guardian, caregiver, or legal counsel, and any person who
the department has determined might be abusing, neglecting, or exploiting the victim.
A court, by subpoena, upon its finding that access to such records may be necessary
for the determination of an issue before the court; however, such access must be limited
to inspection in camera, unless the court determines that public disclosure of the
information contained in such records is necessary for the
resolution of an issue then pending before it.
A grand jury, by subpoena, upon its determination that access to such records is
necessary in the conduct of its official business.
Any appropriate official of the Florida advocacy council, State LongTerm Care
Ombudsman Program, or longterm care ombudsman council investigating a report of
known or suspected abuse, neglect, or exploitation of a vulnerable adult.
Any appropriate official of the department, the Agency for Persons with Disabilities,
the Agency for Health Care Administration, or the Department of Elderly Affairs who is
responsible for:
Administration or supervision of the programs for the prevention, investigation, or
treatment of abuse, neglect, or exploitation of vulnerable adults when carrying out an
official function; or
Taking appropriate administrative action concerning an employee alleged to have
perpetrated abuse, neglect, or exploitation of a vulnerable adult in an institution.
Any person engaged in bona fide research or auditing. However, information
identifying the subjects of the report must not be made available to the researcher.
Employees or agents of an agency of another state that has jurisdiction comparable to
the jurisdiction described in paragraph
(a).
The Public Employees Relations Commission for the sole
purpose of obtaining evidence for appeals filed pursuant to s. 447.207. Records may be
released only after deletion of all information that specifically identifies persons other
than the employee.
Any person in the event of the death of a vulnerable adult determined to be a result of
abuse, neglect, or exploitation. Information identifying the person reporting abuse,
neglect, or exploitation shall not be released. Any information otherwise made
confidential or exempt by law shall not be released pursuant to this paragraph.
The Department of Health, the Department of Business and Professional Regulation,
and the Agency for Health Care Administration may have access to a report, excluding
the name of the reporter, when considering disciplinary action against a licensee or
certified nursing assistant pursuant to allegations of abuse, neglect, or exploitation.
The department may release to any professional person such information as is
necessary for the diagnosis and treatment of, and service delivery to, a vulnerable adult or
the person perpetrating the abuse, neglect, or exploitation.
The identity of any person reporting abuse, neglect, or exploitation of a vulnerable
adult may not be released, without that person’s written consent, to any person other than
employees of the department responsible for protective services, the central abuse
hotline, or the appropriate state attorney or law enforcement agency. This subsection
grants protection only for the person who reported the abuse, neglect, or exploitation and
protects only the fact that the person is the reporter. This subsection does not
prohibit the subpoena of a person reporting the abuse, neglect, or exploitation when
deemed necessary by the state attorney or the department to protect a vulnerable adult
who is the subject of a report, if the fact that the person made the report is not disclosed.
For the purposes of this section, the term “access” means a visual inspection or copy
of the hardcopy record maintained in the district.
Information in the central abuse hotline may not be used for employment screening.
415.111. Criminal penalties.
A person who knowingly and willfully fails to report a case of known or suspected
abuse, neglect, or exploitation of a vulnerable adult, or who knowingly and willfully
prevents another person from doing so, commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
A person who knowingly and willfully makes public or discloses any confidential
information contained in the central abuse hotline, or in other computer systems, or in the
records of any case of abuse, neglect, or exploitation of a vulnerable adult, except as
provided in ss. 415.101415.113, commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
A person who has custody of records and documents the confidentiality of which is
abrogated under s. 415.1045(3) and who refuses to grant access to such records commits
a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
If the department or its authorized agent has determined after its investigation that a
report is false, the department shall, with the consent of the alleged perpetrator, refer the
reports to the local law enforcement agency having jurisdiction for an investigation to
determine whether sufficient evidence exists to refer the case for prosecution for filing a false
report as defined in s. 415.102. During the pendency of the investigation by the local law
enforcement agency, the department must notify the local law enforcement agency of, and the
local law enforcement agency must respond to, all subsequent reports concerning the same
vulnerable adult in accordance with s. 415.104 or s. 415.1045. If the law enforcement agency
believes that there are indicators of abuse, neglect, or exploitation, it must immediately notify
the department, which must assure the safety of the vulnerable adult. If the law enforcement
agency finds sufficient evidence for prosecution for filing a false report, it must refer the case
to the appropriate state attorney for prosecution.
A person who knowingly and willfully makes a false report of abuse, neglect, or
exploitation of a vulnerable adult, or a person who advises another to make a false report,
commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
The department shall establish procedures for determining whether a false report of
abuse, neglect, or exploitation of a vulnerable adult has been made and for submitting all
identifying information relating to such a false report to the local law enforcement agency as
provided in this subsection and shall report annually to the Legislature the number of reports
referred.
Anyone making a report who is acting in good faith is
immune from any liability under this subsection.
CHAPTER 456
HEALTH PROFESSIONS AND OCCUPATIONS:
GENERAL PROVISIONS
456.065. Unlicensed practice of a health care profession; intent; cease and
desist notice; penalties; enforcement; citations; fees; allocation and disposition of
moneys collected.
It is the intent of the Legislature that vigorous enforcement of licensure regulation for
all health care professions is a state priority in order to protect Florida residents and
visitors from the potentially serious and dangerous consequences of receiving medical
and health care services from unlicensed persons whose professional education and
training and other relevant qualifications have not been approved through the issuance of
a license by the appropriate regulatory board or the department when there is no board.
The unlicensed practice of a health care profession or the performance or delivery of
medical or health care services to patients in this state without a valid, active license to
practice that profession, regardless of the means of the performance or delivery of such
services, is strictly prohibited.
The penalties for unlicensed practice of a health care profession shall include the
following:
When the department has probable cause to believe that any person not licensed by
the department, or the appropriate regulatory board within the department, has violated
any provision of this chapter or any statute that relates to the practice of a profession
regulated by the department, or any rule adopted pursuant thereto, the department may
issue and deliver to such person a notice to cease and desist from such violation. In
addition, the department may issue and deliver a notice to cease and desist to any person
who aids and abets the unlicensed practice of a profession by employing such unlicensed
person. The issuance of a notice to cease and desist shall not constitute agency action for
which a hearing under ss. 120.569 and 120.57 may be sought. For the purpose of
enforcing a cease and desist order, the department may file a proceeding in the name of
the state seeking issuance of an injunction or a writ of mandamus against any person who
violates any provisions of such order.
In addition to the remedies under paragraph (a), the department may impose by
citation an administrative penalty not to exceed $5,000 per incident. The citation shall be
issued to the subject and shall contain the subject’s name and any other information the
department determines to be necessary to identify the subject, a brief factual statement,
the sections of the law allegedly violated, and the penalty imposed. If the subject does not
dispute the matter in the citation with the department within 30 days after the citation is
served, the citation shall become a final order of the department. The department may
adopt rules to implement this section. The penalty shall be a fine of not less than $500 nor
more than $5,000 as established by rule of the department. Each day that the unlicensed
practice continues after issuance of a notice to cease and desist constitutes a separate
violation. The department shall be entitled to recover the costs of investigation and
prosecution in addition to the fine levied pursuant to the citation. Service of a citation
may be made by personal service or by mail to the subject at the subject’s last known
address or place of practice. If the department is required to seek enforcement of the
cease and desist or agency order, it
shall be entitled to collect its attorney’s fees and costs.
In addition to or in lieu of any other administrative remedy, the department may seek
the imposition of a civil penalty through the circuit court for any violation for which the
department may issue a notice to cease and desist. The civil penalty shall be no less than
$500 and no more than $5,000 for each offense. The court may also award to the
prevailing party court costs and reasonable attorney fees and, in the event the department
prevails, may also award reasonable costs of investigation and prosecution.
In addition to the administrative and civil remedies under paragraphs (b) and (c) and
in addition to the criminal violations and penalties listed in the individual health care
practice acts:
It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084, to practice, attempt to practice, or offer to practice a health care profession
without an active, valid Florida license to practice that profession. Practicing without an
active, valid license also includes practicing on a suspended, revoked, or void license, but
does not include practicing, attempting to practice, or offering to practice with an inactive
or delinquent license for a period of up to 12 months which is addressed in subparagraph
3. Applying for employment for a position that requires a license without notifying the
employer that the person does not currently possess a valid, active license to practice that
profession shall be deemed to be an attempt or offer to practice that health care
profession without a license. Holding oneself out, regardless of the means of
communication, as able to practice a health care profession or as able to provide services
that require a health care license shall be deemed to be an attempt or offer to practice
such profession
without a license. The minimum penalty for violating this subparagraph shall be a fine of
$1,000 and a minimum mandatory period of incarceration of 1 year.
It is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084, to practice a health care profession without an active, valid Florida license
to practice that profession when such practice results in serious bodily injury. For
purposes of this section, “serious bodily injury” means death; brain or spinal damage;
disfigurement; fracture or dislocation of bones or joints; limitation of neurological,
physical, or sensory function; or any condition that required subsequent surgical repair.
The minimum penalty for violating this subparagraph shall be a fine of $1,000 and a
minimum mandatory period of incarceration of 1 year.
It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083, to practice, attempt to practice, or offer to practice a health care profession with
an inactive or delinquent license for any period of time up to 12 months. However,
practicing, attempting to practice, or offering to practice a health care profession when
that person’s license has been inactive or delinquent for a period of time of 12 months or
more shall be a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. The minimum penalty for violating this subparagraph shall be a
term of imprisonment of 30 days and a fine of $500.
Because all enforcement costs should be covered by professions regulated by the
department, the department shall impose, upon initial licensure and each licensure
renewal, a special fee of $5 per licensee to fund efforts to combat unlicensed
activity. Such fee shall be in addition to all other fees collected from each licensee. The
department shall make direct charges to the Medical Quality Assurance Trust Fund by
profession. The department shall seek board advice regarding enforcement methods and
strategies. The department shall directly credit the Medical Quality Assurance Trust
Fund, by profession, with the revenues received from the department’s efforts to enforce
licensure provisions. The department shall include all financial and statistical data
resulting from unlicensed activity enforcement as a separate category in the quarterly
management report provided for in s. 456.025. For an unlicensed activity account, a
balance which remains at the end of a renewal cycle may, with concurrence of the
applicable board and the department, be transferred to the operating fund account of that
profession. The department shall also use these funds to inform and educate consumers
generally on the importance of using licensed health care practitioners.
The provisions of this section apply only to health care professional practice acts
administered by the department.
Nothing herein shall be construed to limit or restrict the sale, use, or recommendation
of the use of a dietary supplement, as defined by the Food, Drug, and Cosmetic Act, 21
U.S.C. s. 321, so long as the person selling, using, or recommending the dietary
supplement does so in compliance with federal and state law.
456.066. Prosecution of criminal violations.
The department or the appropriate board shall report any criminal violation of any
statute relating to the practice of a
profession regulated by the department or appropriate board to the proper prosecuting
authority for prompt prosecution.
456.067. Penalty for giving false information.
In addition to, or in lieu of, any other discipline imposed pursuant to s. 456.072, the
act of knowingly giving false information in the course of applying for or obtaining a
license from the department, or any board thereunder, with intent to mislead a public
servant in the performance of his or her official duties, or the act of attempting to obtain
or obtaining a license from the department, or any board thereunder, to practice a
profession by knowingly misleading statements or knowing misrepresentations
constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
CHAPTER 457
ACUPUNCTURE
457.116. Prohibited acts; penalty.
(1) A person may not:
Practice acupuncture unless the person is licensed under ss. 457.101457.118;
Use, in connection with his or her name or place of business, any title or description
of services which incorporates
the words “acupuncture,” “acupuncturist,” “certified acupuncturist,” “licensed
acupuncturist,” “oriental medical practitioner”; the letters “L.Ac.,” “R.Ac.,” “A.P.,” or
“D.O.M.”; or any other words, letters, abbreviations, or insignia indicating or implying
that he or she practices acupuncture unless he or she is a holder of a valid license issued
pursuant to ss. 457.101457.118;
Present as his or her own the license of another;
Knowingly give false or forged evidence to the board or a member thereof;
Use or attempt to use a license that has been suspended, revoked, or placed on
inactive or delinquent status;
Employ any person who is not licensed pursuant to ss. 457.101457.118 to engage in
the practice of acupuncture; or
Conceal information relating to any violation of ss. 457.101457.118.
A person who violates this section commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s.
775.083.
CHAPTER 458
MEDICAL PRACTICE
458.327. Penalty for violations.
Each of the following acts constitutes a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s.
775.084:
The practice of medicine or an attempt to practice medicine without a license to
practice in Florida.
The use or attempted use of a license which is suspended or revoked to practice
medicine.
Attempting to obtain or obtaining a license to practice medicine by knowing
misrepresentation.
Attempting to obtain or obtaining a position as a medical practitioner or medical
resident in a clinic or hospital through knowing misrepresentation of education, training,
or experience.
Knowingly operating, owning, or managing a nonregistered painmanagement clinic
that is required to be registered with the Department of Health pursuant to s. 458.3265(1).
Dispensing a controlled substance listed in Schedule II or Schedule III in violation of
s. 465.0276.
Each of the following acts constitutes a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083:
Knowingly concealing information relating to violations of this chapter.
Making any willfully false oath or affirmation whenever an
oath or affirmation is required by this chapter.
Referring any patient, for health care goods or services, to a partnership, firm,
corporation, or other business entity in which the physician or the physician’s employer
has an equity interest of 10 percent or more unless, prior to such referral, the physician
notifies the patient of his or her financial interest and of the patient’s right to obtain such
goods or services at the location of the patient’s choice. This section does not apply to the
following types of equity interest:
The ownership of registered securities issued by a publicly held corporation or the
ownership of securities issued by a publicly held corporation, the shares of which are
traded on a national exchange or the overthecounter market;
A physician’s own practice, whether he or she is a sole practitioner or part of a group,
when the health care good or service is prescribed or provided solely for the physician’s
own patients and is provided or performed by the physician or under the physician’s
supervision; or
An interest in real property resulting in a landlordtenant relationship between the
physician and the entity in which the equity interest is held, unless the rent is determined,
in whole or in part, by the business volume or profitability of the tenant or is otherwise
unrelated to fair market value.
Leading the public to believe that one is licensed as a medical doctor, or is engaged
in the licensed practice of medicine, without holding a valid, active license.
Practicing medicine or attempting to practice medicine with
an inactive or delinquent license.
458.345. Registration of resident physicians, interns, and fellows; list of
hospital employees; prescribing of medicinal drugs; penalty.
Any person desiring to practice as a resident physician, assistant resident physician,
house physician, intern, or fellow in fellowship training which leads to subspecialty board
certification in this state, or any person desiring to practice as a resident physician,
assistant resident physician, house physician, intern, or fellow in fellowship training in a
teaching hospital in this state as defined in s. 408.07(45) or s. 395.805(2), who does not
hold a valid, active license issued under this chapter shall apply to the department to be
registered and shall remit a fee not to exceed $300 as set by the board. The department
shall register any applicant the board certifies has met the following requirements:
Is at least 21 years of age.
Has not committed any act or offense within or without the state which would
constitute the basis for refusal to certify an application for licensure pursuant to s.
458.331.
Is a graduate of a medical school or college as specified in s. 458.311(1)(f).
The board shall not certify to the department for registration
any applicant who is under investigation in any state or jurisdiction for an act which
would constitute grounds for disciplinary action under s. 458.331 until such time as the
investigation is completed, at which time the provisions of s. 458.331 shall apply.
Every hospital or teaching hospital employing or utilizing the services of a resident
physician, assistant resident physician, house physician, intern, or fellow in fellowship
training registered under this section shall designate a person who shall, on dates
designated by the board, in consultation with the department, furnish the department with
a list of such hospital’s employees and such other information as the board may direct.
The chief executive officer of each such hospital shall provide the executive director of
the board with the name, title, and address of the person responsible for furnishing such
reports.
Registration under this section shall automatically expire after 2 years without further
action by the board or the department unless an application for renewal is approved by
the board. No person registered under this section may be employed or utilized as a house
physician or act as a resident physician, an assistant resident physician, an intern, or a
fellow in fellowship training in a hospital or teaching hospital of this state for more than 2
years without a valid, active license or renewal of registration under this section.
Requirements for renewal of registration shall be established by rule of the board. An
application fee not to exceed $300 as set by the board shall accompany the application for
renewal, except that resident physicians, assistant resident physicians, interns, and
fellows in fellowship training registered under this section shall be exempt from payment
of any renewal
fees.
Notwithstanding any provision of this section or s. 120.52 to the contrary, any person
who is registered under this section is subject to the provisions of s. 458.331.
A person registered as a resident physician under this section may in the normal
course of his or her employment prescribe medicinal drugs described in schedules set out
in chapter 893 when:
The person prescribes such medicinal drugs through use of a Drug Enforcement
Administration number issued to the hospital or teaching hospital by which the person is
employed or at which the person’s services are used;
The person is identified by a discrete suffix to the identification number issued to
such hospital; and
The use of the institutional identification number and individual suffixes conforms to
the requirements of the federal Drug Enforcement Administration.
Any person willfully violating this section commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
The board shall promulgate rules pursuant to ss. 120.536(1) and 120.54 as necessary
to implement this section.
458.347. Physician assistants.
(1) LEGISLATIVE INTENT.—
The purpose of this section is to encourage more effective
utilization of the skills of physicians or groups of physicians by enabling them to delegate
health care tasks to qualified assistants when such delegation is consistent with the
patient’s health and welfare.
In order that maximum skills may be obtained within a minimum time period of
education, a physician assistant shall be specialized to the extent that he or she can
operate efficiently and effectively in the specialty areas in which he or she has been
trained or is experienced.
The purpose of this section is to encourage the utilization of physician assistants by
physicians and to allow for innovative development of programs for the education of
physician assistants.
(2) DEFINITIONS.—As used in this section:
“Approved program” means a program, formally approved by the boards, for the
education of physician assistants.
“Boards” means the Board of Medicine and the Board of Osteopathic Medicine.
“Council” means the Council on Physician Assistants.
“Trainee” means a person who is currently enrolled in an approved program.
“Physician assistant” means a person who is a graduate of an approved program or its
equivalent or meets standards approved by the boards and is licensed to perform medical
services delegated by the supervising physician.
“Supervision” means responsible supervision and control.
Except in cases of emergency, supervision requires the easy availability or physical
presence of the licensed physician for consultation and direction of the actions of the
physician assistant. For the purposes of this definition, the term “easy availability”
includes the ability to communicate by way of telecommunication. The boards shall
establish rules as to what constitutes responsible supervision of the physician assistant.
(g) “Proficiency examination” means an entrylevel examination approved by the
boards, including, but not limited to, those examinations administered by the National
Commission on Certification of Physician Assistants.
“Continuing medical education” means courses recognized and approved by the
boards, the American Academy of Physician Assistants, the American Medical
Association, the American Osteopathic Association, or the Accreditation Council on
Continuing Medical Education.
PERFORMANCE OF SUPERVISING PHYSICIAN.— Each physician or group of
physicians supervising a licensed physician assistant must be qualified in the medical
areas in which the physician assistant is to perform and shall be individually or
collectively responsible and liable for the performance and the acts and omissions of the
physician assistant. A physician may not supervise more than four currently licensed
physician assistants at any one time. A physician supervising a physician assistant
pursuant to this section may not be required to review and cosign charts or medical
records prepared by such physician assistant.
PERFORMANCE OF PHYSICIAN ASSISTANTS.—
The boards shall adopt, by rule, the general principles that
supervising physicians must use in developing the scope of practice of a physician
assistant under direct supervision and under indirect supervision. These principles shall
recognize the diversity of both specialty and practice settings in which physician
assistants are used.
This chapter does not prevent thirdparty payors from reimbursing employers of
physician assistants for covered services rendered by licensed physician assistants.
Licensed physician assistants may not be denied clinical hospital privileges, except
for cause, so long as the supervising physician is a staff member in good standing.
A supervisory physician may delegate to a licensed physician assistant, pursuant to a
written protocol, the authority to act according to s. 154.04(1)(c). Such delegated
authority is limited to the supervising physician’s practice in connection with a county
health department as defined and established pursuant to chapter 154. The boards shall
adopt rules governing the supervision of physician assistants by physicians in county
health departments.
A supervising physician may delegate to a fully licensed physician assistant the
authority to prescribe or dispense any medication used in the supervising physician’s
practice unless such medication is listed on the formulary created pursuant to paragraph
(f). A fully licensed physician assistant may only prescribe or dispense such medication
under the following circumstances:
A physician assistant must clearly identify to the patient that he or she is a physician
assistant and inform the patient that the
patient has the right to see the physician before a prescription is prescribed or dispensed
by the physician assistant.
The supervising physician must notify the department of his or her intent to delegate,
on a departmentapproved form, before delegating such authority and of any change in
prescriptive privileges of the physician assistant. Authority to dispense may be delegated
only by a supervising physician who is registered as a dispensing practitioner in
compliance with s. 465.0276.
The physician assistant must complete a minimum of 10 continuing medical
education hours in the specialty practice in which the physician assistant has prescriptive
privileges with each licensure renewal. Three of the 10 hours must consist of a continuing
education course on the safe and effective prescribing of controlled substance
medications which is offered by a statewide professional association of physicians in this
state accredited to provide educational activities designated for the American Medical
Association Physician’s Recognition Award Category 1 credit or designated by the
American Academy of Physician Assistants as a Category 1 credit.
The department may issue a prescriber number to the physician assistant granting
authority for the prescribing of medicinal drugs authorized within this paragraph upon
completion of the requirements of this paragraph. The physician assistant is not required
to independently register pursuant to s. 465.0276.
The prescription may be in paper or electronic form but must comply with ss.
456.0392(1) and 456.42(1) and chapter 499 and must contain, in addition to the
supervising physician’s name,
address, and telephone number, the physician assistant’s prescriber number. Unless it is a
drug or drug sample dispensed by the physician assistant, the prescription must be filled
in a pharmacy permitted under chapter 465 and must be dispensed in that pharmacy by a
pharmacist licensed under chapter 465. The inclusion of the prescriber number creates a
presumption that the physician assistant is authorized to prescribe the medicinal drug and
the prescription is valid.
The physician assistant must note the prescription or dispensing of medication in the
appropriate medical record.
1. The council shall establish a formulary of medicinal drugs that a fully licensed
physician assistant having prescribing authority under this section or s. 459.022 may not
prescribe. The formulary must include general anesthetics and radiographic contrast
materials and must limit the prescription of Schedule II controlled substances as listed in
s. 893.03 to a 7day supply. The formulary must also restrict the prescribing of
psychiatric mental health controlled substances for children younger than 18 years of age.
In establishing the formulary, the council shall consult with a pharmacist licensed
under chapter 465, but not licensed under this chapter or chapter 459, who shall be
selected by the State Surgeon General.
Only the council shall add to, delete from, or modify the formulary. Any person who
requests an addition, a deletion, or a modification of a medicinal drug listed on such
formulary has the burden of proof to show cause why such addition, deletion, or
modification should be made.
The boards shall adopt the formulary required by this paragraph, and each addition,
deletion, or modification to the formulary, by rule. Notwithstanding any provision of chapter
120 to the contrary, the formulary rule shall be effective 60 days after the date it is filed with
the Secretary of State. Upon adoption of the formulary, the department shall mail a copy of
such formulary to each fully licensed physician assistant having prescribing authority under
this section or s. 459.022, and to each pharmacy licensed by the state. The boards shall
establish, by rule, a fee not to exceed $200 to fund the provisions of this paragraph and
paragraph (e).
A supervisory physician may delegate to a licensed physician assistant the authority to,
and the licensed physician assistant acting under the direction of the supervisory physician
may, order any medication for administration to the supervisory physician’s patient in a
facility licensed under chapter 395 or part II of chapter 400, notwithstanding any provisions
in chapter 465 or chapter 893 which may prohibit this delegation.
A licensed physician assistant may perform services delegated by the supervising
physician in the physician assistant’s practice in accordance with his or her education and
training unless expressly prohibited under this chapter, chapter 459, or rules adopted under
this chapter or chapter 459.
PERFORMANCE BY TRAINEES.—Notwithstanding any other law, a trainee may
perform medical services when such services are rendered within the scope of an approved
program.
PROGRAM APPROVAL.—
The boards shall approve programs, based on
recommendations by the council, for the education and training of physician assistants
which meet standards established by rule of the boards. The council may recommend
only those physician assistant programs that hold full accreditation or provisional
accreditation from the Commission on Accreditation of Allied Health Programs or its
successor organization. Any educational institution offering a physician assistant program
approved by the boards pursuant to this paragraph may also offer the physician assistant
program authorized in paragraph (c) for unlicensed physicians.
The boards shall adopt and publish standards to ensure that such programs operate in
a manner that does not endanger the health or welfare of the patients who receive services
within the scope of the programs. The boards shall review the quality of the curricula,
faculties, and facilities of such programs and take whatever other action is necessary to
determine that the purposes of this section are being met.
Any community college with the approval of the State Board of Education may
conduct a physician assistant program which shall apply for national accreditation
through the American Medical Association’s Committee on Allied Health, Education,
and Accreditation, or its successor organization, and which may admit unlicensed
physicians, as authorized in subsection (7), who are graduates of foreign medical schools
listed with the World Health Organization. The unlicensed physician must have been a
resident of this state for a minimum of 12 months immediately prior to admission to the
program. An evaluation of knowledge base by examination shall be required to grant
advanced academic credit and to fulfill the necessary requirements to graduate. A
minimum of one 16week semester of supervised clinical and didactic education, which
may be completed simultaneously, shall be required before graduation from the program.
All other provisions of this section shall remain in effect.
(7) PHYSICIAN ASSISTANT LICENSURE.—
Acknowledgment of no felony convictions in the previous 2 years.
Each licensed physician assistant shall biennially complete 100 hours of continuing
medical education or shall hold a current certificate issued by the National Commission
on Certification of Physician Assistants.
Upon employment as a physician assistant, a licensed physician assistant must notify
the department in writing within 30 days after such employment or after any subsequent
changes in the supervising physician. The notification must include the full name, Florida
medical license number, specialty, and address of the supervising physician.
Notwithstanding subparagraph (a)2., the department may grant to a recent graduate
of an approved program, as specified in subsection (6), who expects to take the first
examination administered by the National Commission on Certification of Physician
Assistants available for registration after the applicant’s
graduation, a temporary license. The temporary license shall expire 30 days after receipt
of scores of the proficiency examination administered by the National Commission on
Certification of Physician Assistants. Between meetings of the council, the department
may grant a temporary license to practice based on the completion of all temporary
licensure requirements. All such administratively issued licenses shall be reviewed and
acted on at the next regular meeting of the council. The recent graduate may be licensed
before employment but must comply with paragraph (d). An applicant who has passed
the proficiency examination may be granted permanent licensure. An applicant failing the
proficiency examination is no longer temporarily licensed but may reapply for a 1year
extension of temporary licensure. An applicant may not be granted more than two
temporary licenses and may not be licensed as a physician assistant until he or she passes
the examination administered by the National Commission on Certification of Physician
Assistants. As prescribed by board rule, the council may require an applicant who does
not pass the licensing examination after five or more attempts to complete additional
remedial education or training. The council shall prescribe the additional requirements in
a manner that permits the applicant to complete the requirements and be reexamined
within 2 years after the date the applicant petitions the council to retake the examination a
sixth or subsequent time.
The Board of Medicine may impose any of the penalties authorized under ss.
456.072 and 458.331(2) upon a physician assistant if the physician assistant or the
supervising physician has been found guilty of or is being investigated for any act that
constitutes a violation of this chapter or chapter 456.
An application or other documentation required to be submitted to the department
under this subsection may be submitted electronically.
DELEGATION OF POWERS AND DUTIES.—The boards may delegate such
powers and duties to the council as they may deem proper.
COUNCIL ON PHYSICIAN ASSISTANTS.—The Council on Physician Assistants
is created within the department.
The council shall consist of five members appointed as follows:
The chairperson of the Board of Medicine shall appoint three members who are
physicians and members of the Board of Medicine. One of the physicians must supervise
a physician assistant in the physician’s practice.
The chairperson of the Board of Osteopathic Medicine shall appoint one member
who is a physician and a member of the Board of Osteopathic Medicine.
The State Surgeon General or his or her designee shall appoint a fully licensed
physician assistant licensed under this chapter or chapter 459.
Two of the members appointed to the council must be physicians who supervise
physician assistants in their practice. Members shall be appointed to terms of 4 years,
except that of the initial appointments, two members shall be appointed to terms of 2
years, two members shall be appointed to terms of 3 years, and
one member shall be appointed to a term of 4 years, as established by rule of the boards.
Council members may not serve more than two consecutive terms. The council shall
annually elect a chairperson from among its members.
(c) The council shall:
Recommend to the department the licensure of physician assistants.
Develop all rules regulating the use of physician assistants by physicians under this
chapter and chapter 459, except for rules relating to the formulary developed under
paragraph (4)(f). The council shall also develop rules to ensure that the continuity of
supervision is maintained in each practice setting. The boards shall consider adopting a
proposed rule developed by the council at the regularly scheduled meeting immediately
following the submission of the proposed rule by the council. A proposed rule submitted
by the council may not be adopted by either board unless both boards have accepted and
approved the identical language contained in the proposed rule. The language of all
proposed rules submitted by the council must be approved by both boards pursuant to
each respective board’s guidelines and standards regarding the adoption of proposed
rules. If either board rejects the council’s proposed rule, that board must specify its
objection to the council with particularity and include any recommendations it may have
for the modification of the proposed rule.
Make recommendations to the boards regarding all matters relating to physician
assistants.
Address concerns and problems of practicing physician
assistants in order to improve safety in the clinical practices of licensed physician
assistants.
When the council finds that an applicant for licensure has failed to meet, to the
council’s satisfaction, each of the requirements for licensure set forth in this section, the
council may enter an order to:
Refuse to certify the applicant for licensure;
Approve the applicant for licensure with restrictions on the scope of practice or
license; or
Approve the applicant for conditional licensure. Such conditions may include
placement of the licensee on probation for a period of time and subject to such conditions
as the council may specify, including but not limited to, requiring the licensee to undergo
treatment, to attend continuing education courses, to work under the direct supervision of
a physician licensed in this state, or to take corrective action.
INACTIVE AND DELINQUENT STATUS.—A license on inactive or delinquent
status may be reactivated only as provided in s. 456.036.
PENALTY.—Any person who has not been licensed by the council and approved by
the department and who holds himself or herself out as a physician assistant or who uses
any other term in indicating or implying that he or she is a physician assistant commits a
felony of the third degree, punishable as provided in s. 775.082 or s. 775.084 or by a fine
not exceeding $5,000.
DENIAL, SUSPENSION, OR REVOCATION OF
LICENSURE.—The boards may deny, suspend, or revoke a physician assistant license if
a board determines that the physician assistant has violated this chapter.
RULES.—The boards shall adopt rules to implement this section, including rules
detailing the contents of the application for licensure and notification pursuant to
subsection (7) and rules to ensure both the continued competency of physician assistants
and the proper utilization of them by physicians or groups of physicians.
EXISTING PROGRAMS.—This section does not eliminate or supersede existing
laws relating to other paramedical professions or services and is supplemental to all such
existing laws relating to the licensure and practice of paramedical professions.
LIABILITY.—Each supervising physician using a physician assistant is liable for
any acts or omissions of the physician assistant acting under the physician’s supervision
and control.
LEGAL SERVICES.—Legal services shall be provided to the council pursuant to s.
456.009(1).
FEES.—The department shall allocate the fees collected under this section to the
council.
458.3475. Anesthesiologist assistants.
(1) DEFINITIONS.—As used in this section, the term:
“Anesthesiologist” means an allopathic physician who holds an active, unrestricted
license; who has successfully completed an
anesthesiology training program approved by the Accreditation Council on Graduate
Medical Education or its equivalent; and who is certified by the American Board of
Anesthesiology, is eligible to take that board’s examination, or is certified by the Board
of Certification in Anesthesiology affiliated with the American Association of Physician
Specialists.
“Anesthesiologist assistant” means a graduate of an approved program who is
licensed to perform medical services delegated and directly supervised by a supervising
anesthesiologist.
“Anesthesiology” means the practice of medicine that specializes in the relief of pain
during and after surgical procedures and childbirth, during certain chronic disease
processes, and during resuscitation and critical care of patients in the operating room and
intensive care environments.
“Approved program” means a program for the education and training of
anesthesiologist assistants which has been approved by the boards as provided in
subsection (5).
“Boards” means the Board of Medicine and the Board of Osteopathic Medicine.
“Continuing medical education” means courses recognized and approved by the
boards, the American Academy of Physician Assistants, the American Medical
Association, the American Osteopathic Association, the American Academy of
Anesthesiologist Assistants, the American Society of Anesthesiologists, or the
Accreditation Council on Continuing Medical Education.
“Direct supervision” means the onsite, personal supervision by an anesthesiologist
who is present in the office when the procedure is being performed in that office, or is
present in the surgical or obstetrical suite when the procedure is being performed in that
surgical or obstetrical suite and who is in all instances immediately available to provide
assistance and direction to the anesthesiologist assistant while anesthesia services are
being performed.
“Proficiency examination” means an entrylevel examination approved by the boards,
including examinations administered by the National Commission on Certification of
Anesthesiologist Assistants.
“Trainee” means a person who is currently enrolled in an approved program.
(2) PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.—
An anesthesiologist who directly supervises an anesthesiologist assistant must be
qualified in the medical areas in which the anesthesiologist assistant performs and is
liable for the performance of the anesthesiologist assistant. An anesthesiologist may only
supervise two anesthesiologist assistants at the same time. The board may, by rule, allow
an anesthesiologist to supervise up to four anesthesiologist assistants, after July 1, 2008.
An anesthesiologist or group of anesthesiologists must, upon establishing a
supervisory relationship with an anesthesiologist assistant, file with the board a written
protocol that includes, at a minimum:
The name, address, and license number of the anesthesiologist assistant.
The name, address, license number, and federal Drug Enforcement Administration
number of each physician who will be supervising the anesthesiologist assistant.
The address of the anesthesiologist assistant’s primary practice location and the
address of any other locations where the anesthesiologist assistant may practice.
The date the protocol was developed and the dates of all revisions.
The signatures of the anesthesiologist assistant and all supervising physicians.
The duties and functions of the anesthesiologist assistant.
The conditions or procedures that require the personal provision of care by an
anesthesiologist.
The procedures to be followed in the event of an anesthetic emergency.
The protocol must be on file with the board before the anesthesiologist assistant may
practice with the anesthesiologist or group. An anesthesiologist assistant may not practice
unless a written protocol has been filed for that anesthesiologist assistant in accordance
with this paragraph, and the anesthesiologist assistant may only practice under the direct
supervision of an anesthesiologist who has signed the protocol. The protocol must be
updated biennially.
(3) PERFORMANCE OF
ANESTHESIOLOGIST
ASSISTANTS.—
Any person desiring to be licensed as an anesthesiologist assistant must apply to the
department. The department shall issue a license to any person certified by the board to:
Be at least 18 years of age.
Have satisfactorily passed a proficiency examination with a score established by the
National Commission on Certification of Anesthesiologist Assistants.
Be certified in advanced cardiac life support.
Have completed the application form and remitted an application fee, not to exceed
$1,000, as set by the boards. An application must include:
a. A certificate of completion of an approved graduate level program.
b. A sworn statement of any prior felony convictions.
c. A sworn statement of any prior discipline or denial of licensure or certification in
any state.
d. Two letters of recommendation from anesthesiologists.
A license must be renewed biennially. Each renewal must include:
A renewal fee, not to exceed $1,000, as set by the boards.
A sworn statement of no felony convictions in the immediately preceding 2 years.
Each licensed anesthesiologist assistant must biennially complete 40 hours of
continuing medical education or hold a current certificate issued by the National
Commission on Certification of Anesthesiologist Assistants or its successor.
An anesthesiologist assistant must notify the department in writing within 30 days
after obtaining employment that requires a license under this chapter and after any
subsequent change in his or her supervising anesthesiologist. The notification must
include the full name, license number, specialty, and address of the supervising
anesthesiologist. Submission of a copy of the required protocol by the anesthesiologist
assistant satisfies this requirement.
The Board of Medicine may impose upon an anesthesiologist assistant any penalty
specified in s. 456.072 or s. 458.331(2) if the anesthesiologist assistant or the supervising
anesthesiologist is found guilty of or is investigated for an act that constitutes a violation of
this chapter or chapter 456.
ANESTHESIOLOGIST AND ANESTHESIOLOGIST ASSISTANT TO ADVISE THE
BOARD.—
The chairperson of the board may appoint an anesthesiologist and an anesthesiologist
assistant to advise the board as to the adoption of rules for the licensure of anesthesiologist
assistants. The board may use a committee structure that is most practicable in order to
receive any recommendations to the board regarding rules and all matters relating to
anesthesiologist assistants, including, but not limited to, recommendations to improve safety
in the clinical practices of licensed anesthesiologist assistants.
In addition to its other duties and responsibilities as prescribed by law, the board shall:
Recommend to the department the licensure of anesthesiologist assistants.
Develop all rules regulating the use of anesthesiologist assistants by qualified
anesthesiologists under this chapter and chapter 459, except for rules relating to the formulary
developed under s. 458.347(4)(f). The board shall also develop rules to ensure that the
continuity of supervision is maintained in each practice setting. The boards shall consider
adopting a proposed rule at the regularly scheduled meeting immediately following the
submission of the proposed rule. A proposed rule may not be
adopted by either board unless both boards have accepted and approved the identical
language contained in the proposed rule. The language of all proposed rules must be
approved by both boards pursuant to each respective board’s guidelines and standards
regarding the adoption of proposed rules.
3. Address concerns and problems of practicing anesthesiologist assistants to
improve safety in the clinical practices of licensed anesthesiologist assistants.
When the board finds that an applicant for licensure has failed to meet, to the board’s
satisfaction, each of the requirements for licensure set forth in this section, the board may
enter an order to:
Refuse to certify the applicant for licensure;
Approve the applicant for licensure with restrictions on the scope of practice or
license; or
Approve the applicant for conditional licensure. Such conditions may include
placement of the licensee on probation for a period of time and subject to such conditions
as the board specifies, including, but not limited to, requiring the licensee to undergo
treatment, to attend continuing education courses, or to take corrective action.
PENALTY.—A person who falsely holds himself or herself out as an
anesthesiologist assistant commits a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
DENIAL, SUSPENSION, OR REVOCATION OF LICENSURE.—The boards may
deny, suspend, or revoke the
license of an anesthesiologist assistant who the board determines has violated any
provision of this section or chapter or any rule adopted pursuant thereto.
RULES.—The boards shall adopt rules to administer this section.
LIABILITY.—A supervising anesthesiologist is liable for any act or omission of an
anesthesiologist assistant acting under the anesthesiologist’s supervision and control and
shall comply with the financial responsibility requirements of this chapter and chapter
456, as applicable.
FEES.—The department shall allocate the fees collected under this section to the
board.
CHAPTER 459
OSTEOPATHIC MEDICINE
459.013. Penalty for violations.
Each of the following acts constitutes a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s.
775.084:
The practice of osteopathic medicine, or an attempt to practice osteopathic medicine,
without an active license or certificate issued pursuant to this chapter.
The practice of osteopathic medicine by a person holding a limited license,
osteopathic faculty certificate, or other certificate issued under this chapter beyond the
scope of practice authorized for such licensee or certificateholder.
Attempting to obtain or obtaining a license to practice osteopathic medicine by
knowing misrepresentation.
Attempting to obtain or obtaining a position as an osteopathic medical practitioner or
osteopathic medical resident in a clinic or hospital through knowing misrepresentation of
education, training, or experience.
Knowingly operating, owning, or managing a nonregistered painmanagement clinic
that is required to be registered with the Department of Health pursuant to s. 459.0137(1).
Dispensing a controlled substance listed in Schedule II or Schedule III in violation of
s. 465.0276.
Each of the following acts constitutes a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083:
Knowingly concealing information relating to violations of this chapter.
Making any willfully false oath or affirmation whenever an oath or affirmation is
required by this chapter.
The practice of medicine as a resident or intern without holding a valid current
registration pursuant to s. 459.021.
Knowingly prescribing or dispensing, or causing to be prescribed or dispensed,
controlled substances in a nonregistered painmanagement clinic that is required to be
registered with the Department of Health pursuant to s. 459.0137(1).
Each of the following constitutes a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083:
Fraudulently altering, defacing, or falsifying any records relating to patient care or
treatment, including, but not limited to, patient histories, examination results, and test
results.
Referring any patient, for health care goods or services, to any partnership, firm,
corporation, or other business entity in which the physician or the physician’s employer
has an equity interest of 10 percent or more unless, prior to such referral, the physician
notifies the patient of her or his financial interest and of the patient’s right to obtain such
goods or services at the location of the patient’s choice. This section shall not apply to the
following types of equity interest:
The ownership of registered securities issued by a publicly held corporation or the
ownership of securities issued by a
publicly held corporation, the shares of which are traded on a national exchange or the
overthecounter market;
A physician’s own practice, whether the physician is a sole practitioner or part of a
group, when the health care good or service is prescribed or provided solely for the
physician’s own patients and is provided or performed by the physician or under the
physician’s supervision; or
An interest in real property resulting in a landlordtenant relationship between the
physician and the entity in which the equity interest is held, unless the rent is determined,
in whole or in part, by the business volume or profitability of the tenant or is otherwise
unrelated to fair market value.
Paying or receiving any commission, bonus, kickback, or rebate or engaging in any
splitfee arrangement in any form whatsoever with a physician, organization, agency,
person, partnership, firm, corporation, or other business entity for patients referred to
providers of health care goods and services, including, but not limited to, hospitals,
nursing homes, clinical laboratories, ambulatory surgical centers, or pharmacies. The
provisions of this paragraph shall not be construed to prevent a physician from receiving
a fee for professional consultation services.
459.021. Registration of resident physicians, interns, and fellows; list of
hospital employees; penalty.
Any person who holds a degree of Doctor of Osteopathic Medicine from a college of
osteopathic medicine recognized and approved by the American Osteopathic Association
who desires to practice as a resident physician, intern, or fellow in fellowship
training which leads to subspecialty board certification in this state, or any person
desiring to practice as a resident physician, intern, or fellow in fellowship training in a
teaching hospital in this state as defined in s. 408.07(45) or s. 395.805(2), who does not
hold an active license issued under this chapter shall apply to the department to be
registered, on an application provided by the department, before commencing such a
training program and shall remit a fee not to exceed $300 as set by the board.
Any person required to be registered under this section shall renew such registration
annually and shall remit a renewal fee not to exceed $300 as set by the board. Such
registration shall be terminated upon the registrant’s receipt of an active license issued
under this chapter. A person may not be registered under this section for an aggregate of
more than 5 years, unless additional years are approved by the board.
Every hospital or teaching hospital having employed or contracted with or utilized
the services of a person who holds a degree of Doctor of Osteopathic Medicine from a
college of osteopathic medicine recognized and approved by the American Osteopathic
Association as a resident physician, intern, or fellow in fellowship training registered
under this section shall designate a person who shall furnish, on dates designated by the
board, in consultation with the department, to the department a list of all such persons
who have served in such hospital during the preceding 6month period. The chief
executive officer of each such hospital shall provide the executive director of the board
with the name, title, and address of the person responsible for filing such reports.
The registration may be revoked or the department may
refuse to issue any registration for any cause which would be a ground for its revocation
or refusal to issue a license to practice osteopathic medicine, as well as on the following
grounds:
Omission of the name of an intern, resident physician, or fellow in fellowship
training from the list of employees required by subsection (3) to be furnished to the
department by the hospital or teaching hospital served by the employee.
Practicing osteopathic medicine outside of a bona fide hospital training program.
It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083, for any hospital or teaching hospital, and also for the superintendent,
administrator, and other person or persons having administrative authority in such
hospital to willfully:
Employ the services in such hospital of any person listed in subsection (3), unless
such person is registered with the department under the law or the holder of a license to
practice osteopathic medicine under this chapter.
Fail to furnish to the department the list and information required by subsection (3).
Any person desiring registration pursuant to this section shall meet all the
requirements of s. 459.0055, except paragraphs
(1)(l) and (m).
The board shall promulgate rules pursuant to ss. 120.536(1) and 120.54 as necessary
to implement this section.
Notwithstanding any provision of this section or s. 120.52
to the contrary, any person who is registered under this section is subject to the provisions
of s. 459.015.
A person registered as a resident physician under this section may in the normal
course of his or her employment prescribe medicinal drugs described in schedules set out
in chapter 893 when:
The person prescribes such medicinal drugs through use of a Drug Enforcement
Administration number issued to the hospital or teaching hospital by which the person is
employed or at which the person’s services are used;
The person is identified by a discrete suffix to the identification number issued to
such hospital; and
The use of the institutional identification number and individual suffixes conforms to
the requirements of the federal Drug Enforcement Administration.
459.022. Physician assistants.
(1) LEGISLATIVE INTENT.—
The purpose of this section is to encourage more effective utilization of the skills of
osteopathic physicians or groups of osteopathic physicians by enabling them to delegate
health care tasks to qualified assistants when such delegation is consistent with the
patient’s health and welfare.
In order that maximum skills may be obtained within a minimum time period of
education, a physician assistant shall be specialized to the extent that she or he can
operate efficiently and effectively in the specialty areas in which she or he has been
trained or is experienced.
The purpose of this section is to encourage the utilization of physician assistants by
osteopathic physicians and to allow for innovative development of programs for the
education of physician assistants.
(2) DEFINITIONS.—As used in this section:
“Approved program” means a program, formally approved by the boards, for the
education of physician assistants.
“Boards” means the Board of Medicine and the Board of Osteopathic Medicine.
“Council” means the Council on Physician Assistants.
“Trainee” means a person who is currently enrolled in an approved program.
“Physician assistant” means a person who is a graduate of an approved program or its
equivalent or meets standards approved by the boards and is licensed to perform medical
services delegated by the supervising physician.
“Supervision” means responsible supervision and control. Except in cases of
emergency, supervision requires the easy availability or physical presence of the licensed
physician for consultation and direction of the actions of the physician assistant. For the
purposes of this definition, the term “easy availability” includes the ability to
communicate by way of telecommunication. The boards shall establish rules as to what
constitutes responsible supervision of the physician assistant.
“Proficiency examination” means an entrylevel
examination approved by the boards, including, but not limited to, those examinations
administered by the National Commission on Certification of Physician Assistants.
“Continuing medical education” means courses recognized and approved by the
boards, the American Academy of Physician Assistants, the American Medical
Association, the American Osteopathic Association, or the Accreditation Council on
Continuing Medical Education.
PERFORMANCE OF SUPERVISING PHYSICIAN.— Each physician or group of
physicians supervising a licensed physician assistant must be qualified in the medical
areas in which the physician assistant is to perform and shall be individually or
collectively responsible and liable for the performance and the acts and omissions of the
physician assistant. A physician may not supervise more than four currently licensed
physician assistants at any one time. A physician supervising a physician assistant
pursuant to this section may not be required to review and cosign charts or medical
records prepared by such physician assistant.
PERFORMANCE OF PHYSICIAN ASSISTANTS.—
The boards shall adopt, by rule, the general principles that supervising physicians
must use in developing the scope of practice of a physician assistant under direct
supervision and under indirect supervision. These principles shall recognize the diversity
of both specialty and practice settings in which physician assistants are used.
This chapter does not prevent thirdparty payors from reimbursing employers of
physician assistants for covered services rendered by licensed physician assistants.
Licensed physician assistants may not be denied clinical hospital privileges, except for
cause, so long as the supervising physician is a staff member in good standing.
A supervisory physician may delegate to a licensed physician assistant, pursuant to a
written protocol, the authority to act according to s. 154.04(1)(c). Such delegated authority is
limited to the supervising physician’s practice in connection with a county health department
as defined and established pursuant to chapter 154. The boards shall adopt rules governing
the supervision of physician assistants by physicians in county health departments.
A supervising physician may delegate to a fully licensed physician assistant the authority
to prescribe or dispense any medication used in the supervising physician’s practice unless
such medication is listed on the formulary created pursuant to s. 458.347. A fully licensed
physician assistant may only prescribe or dispense such medication under the following
circumstances:
A physician assistant must clearly identify to the patient that she or he is a physician
assistant and must inform the patient that the patient has the right to see the physician before
a prescription is prescribed or dispensed by the physician assistant.
The supervising physician must notify the department of her or his intent to delegate, on a
departmentapproved form, before delegating such authority and of any change in
prescriptive privileges of the physician assistant. Authority to dispense may be delegated only
by a supervising physician who is registered as a dispensing practitioner in compliance with
s. 465.0276.
The physician assistant must complete a minimum of 10
continuing medical education hours in the specialty practice in which the physician
assistant has prescriptive privileges with each licensure renewal.
The department may issue a prescriber number to the physician assistant granting
authority for the prescribing of medicinal drugs authorized within this paragraph upon
completion of the requirements of this paragraph. The physician assistant is not required
to independently register pursuant to s. 465.0276.
The prescription may be in paper or electronic form but must comply with ss.
456.0392(1) and 456.42(1) and chapter 499 and must contain, in addition to the
supervising physician’s name, address, and telephone number, the physician assistant’s
prescriber number. Unless it is a drug or drug sample dispensed by the physician
assistant, the prescription must be filled in a pharmacy permitted under chapter 465, and
must be dispensed in that pharmacy by a pharmacist licensed under chapter 465. The
inclusion of the prescriber number creates a presumption that the physician assistant is
authorized to prescribe the medicinal drug and the prescription is valid.
The physician assistant must note the prescription or dispensing of medication in the
appropriate medical record.
A supervisory physician may delegate to a licensed physician assistant the authority
to, and the licensed physician assistant acting under the direction of the supervisory
physician may, order any medication for administration to the supervisory physician’s
patient in a facility licensed under chapter 395 or part II of chapter 400, notwithstanding
any provisions in chapter 465
or chapter 893 which may prohibit this delegation.
A licensed physician assistant may perform services delegated by the supervising
physician in the physician assistant’s practice in accordance with his or her education and
training unless expressly prohibited under this chapter, chapter 458, or rules adopted
under this chapter or chapter 458.
PERFORMANCE BY TRAINEES.—Notwithstanding any other law, a trainee may
perform medical services when such services are rendered within the scope of an
approved program.
PROGRAM APPROVAL.—
The boards shall approve programs, based on recommendations by the council, for
the education and training of physician assistants which meet standards established by
rule of the boards. The council may recommend only those physician assistant programs
that hold full accreditation or provisional accreditation from the Commission on
Accreditation of Allied Health Programs or its successor organization.
The boards shall adopt and publish standards to ensure that such programs operate in
a manner that does not endanger the health or welfare of the patients who receive services
within the scope of the programs. The boards shall review the quality of the curricula,
faculties, and facilities of such programs and take whatever other action is necessary to
determine that the purposes of this section are being met.
(7) PHYSICIAN ASSISTANT LICENSURE.—
c. Acknowledgment of any previous revocation or denial of licensure or certification
in any state.
d. A copy of course transcripts and a copy of the course description from a physician
assistant training program describing course content in pharmacotherapy, if the applicant
wishes to apply for prescribing authority. These documents must meet the evidence
requirements for prescribing authority.
The licensure must be renewed biennially. Each renewal must include:
A renewal fee not to exceed $500 as set by the boards.
Acknowledgment of no felony convictions in the previous 2 years.
Each licensed physician assistant shall biennially complete 100 hours of continuing
medical education or shall hold a current certificate issued by the National Commission on
Certification of Physician Assistants.
Upon employment as a physician assistant, a licensed physician assistant must notify the
department in writing within 30 days after such employment or after any subsequent changes
in the supervising physician. The notification must include the full name, Florida medical
license number, specialty, and address of the supervising physician.
Notwithstanding subparagraph (a)2., the department may grant to a recent graduate of an
approved program, as specified in subsection (6), a temporary license to expire upon receipt
of scores of the proficiency examination administered by the National Commission on
Certification of Physician Assistants. Between meetings of the council, the department may
grant a temporary license to practice to physician assistant applicants based on the completion
of all temporary licensure requirements. All such administratively issued licenses shall be
reviewed and acted on at the next regular meeting of the council. The recent graduate may be
licensed prior to employment, but must comply with paragraph (d). An applicant who has
passed the proficiency examination may be granted permanent licensure. An applicant
failing the proficiency examination is no longer temporarily licensed, but may reapply for
a 1year extension of temporary licensure. An applicant may not be granted more than
two temporary licenses and may not be licensed as a physician assistant until she or he
passes the examination administered by the National Commission on Certification of
Physician Assistants. As prescribed by board rule, the council may require an applicant
who does not pass the licensing examination after five or more attempts to complete
additional remedial education or training. The council shall prescribe the additional
requirements in a manner that permits the applicant to complete the requirements and be
reexamined within 2 years after the date the applicant petitions the council to retake the
examination a sixth or subsequent time.
The Board of Osteopathic Medicine may impose any of the penalties authorized
under ss. 456.072 and 459.015(2) upon a physician assistant if the physician assistant or
the supervising physician has been found guilty of or is being investigated for any act that
constitutes a violation of this chapter or chapter 456.
An application or other documentation required to be submitted to the department
under this subsection may be submitted electronically.
DELEGATION OF POWERS AND DUTIES.—The boards may delegate such
powers and duties to the council as they may deem proper.
COUNCIL ON PHYSICIAN ASSISTANTS.—The Council on Physician Assistants
is created within the department.
The council shall consist of five members appointed as
follows:
Recommend to the department the licensure of physician assistants.
Develop all rules regulating the use of physician assistants by physicians under
chapter 458 and this chapter, except for rules relating to the formulary developed under s.
458.347. The council shall also develop rules to ensure that the continuity of
supervision is maintained in each practice setting. The boards shall consider adopting a
proposed rule developed by the council at the regularly scheduled meeting immediately
following the submission of the proposed rule by the council. A proposed rule submitted
by the council may not be adopted by either board unless both boards have accepted and
approved the identical language contained in the proposed rule. The language of all
proposed rules submitted by the council must be approved by both boards pursuant to
each respective board’s guidelines and standards regarding the adoption of proposed
rules. If either board rejects the council’s proposed rule, that board must specify its
objection to the council with particularity and include any recommendations it may have
for the modification of the proposed rule.
Make recommendations to the boards regarding all matters relating to physician
assistants.
Address concerns and problems of practicing physician assistants in order to improve
safety in the clinical practices of licensed physician assistants.
When the council finds that an applicant for licensure has failed to meet, to the
council’s satisfaction, each of the requirements for licensure set forth in this section, the
council may enter an order to:
Refuse to certify the applicant for licensure;
Approve the applicant for licensure with restrictions on the scope of practice or
license; or
Approve the applicant for conditional licensure. Such
conditions may include placement of the licensee on probation for a period of time and
subject to such conditions as the council may specify, including but not limited to,
requiring the licensee to undergo treatment, to attend continuing education courses, to
work under the direct supervision of a physician licensed in this state, or to take
corrective action.
INACTIVE AND DELINQUENT STATUS.—A license on inactive or delinquent
status may be reactivated only as provided in s. 456.036.
PENALTY.—Any person who has not been licensed by the council and approved by
the department and who holds herself or himself out as a physician assistant or who uses
any other term in indicating or implying that she or he is a physician assistant commits a
felony of the third degree, punishable as provided in s. 775.082 or s. 775.084 or by a fine
not exceeding $5,000.
DENIAL, SUSPENSION, OR REVOCATION OF LICENSURE.—The boards may
deny, suspend, or revoke a physician assistant license if a board determines that the
physician assistant has violated this chapter.
RULES.—The boards shall adopt rules to implement this section, including rules
detailing the contents of the application for licensure and notification pursuant to
subsection (7) and rules to ensure both the continued competency of physician assistants
and the proper utilization of them by physicians or groups of physicians.
EXISTING PROGRAMS.—This section does not eliminate or supersede existing
laws relating to other paramedical professions or services and is supplemental to all such
existing
laws relating to the licensure and practice of paramedical professions.
LIABILITY.—Each supervising physician using a physician assistant is liable for
any acts or omissions of the physician assistant acting under the physician’s supervision
and control.
LEGAL SERVICES.—Legal services shall be provided to the council pursuant to s.
456.009(1).
FEES.—The department shall allocate the fees collected under this section to the
council.
459.023. Anesthesiologist assistants.
(1) DEFINITIONS.—As used in this section, the term:
“Anesthesiologist” means an osteopathic physician who holds an active, unrestricted
license; who has successfully completed an anesthesiology training program approved by
the Accreditation Council on Graduate Medical Education, or its equivalent, or the
American Osteopathic Association; and who is certified by the American Osteopathic
Board of Anesthesiology or is eligible to take that board’s examination, is certified by the
American Board of Anesthesiology or is eligible to take that board’s examination, or is
certified by the Board of Certification in Anesthesiology affiliated with the American
Association of Physician Specialists.
“Anesthesiologist assistant” means a graduate of an approved program who is
licensed to perform medical services delegated and directly supervised by a supervising
anesthesiologist.
“Anesthesiology” means the practice of medicine that specializes in the relief of pain
during and after surgical procedures and childbirth, during certain chronic disease
processes, and during resuscitation and critical care of patients in the operating room and
intensive care environments.
“Approved program” means a program for the education and training of
anesthesiologist assistants which has been approved by the boards as provided in
subsection (5).
“Boards” means the Board of Medicine and the Board of Osteopathic Medicine.
“Continuing medical education” means courses recognized and approved by the
boards, the American Academy of Physician Assistants, the American Medical
Association, the American Osteopathic Association, the American Academy of
Anesthesiologist Assistants, the American Society of Anesthesiologists, or the
Accreditation Council on Continuing Medical Education.
“Direct supervision” means the onsite, personal supervision by an anesthesiologist
who is present in the office when the procedure is being performed in that office, or is
present in the surgical or obstetrical suite when the procedure is being performed in that
surgical or obstetrical suite and who is in all instances immediately available to provide
assistance and direction to the anesthesiologist assistant while anesthesia services are
being performed.
“Proficiency examination” means an entrylevel
examination approved by the boards, including examinations administered by the
National Commission on Certification of Anesthesiologist Assistants.
“Trainee” means a person who is currently enrolled in an approved program.
(2) PERFORMANCE OF SUPERVISING ANESTHESIOLOGIST.—
An anesthesiologist who directly supervises an anesthesiologist assistant must be
qualified in the medical areas in which the anesthesiologist assistant performs and is
liable for the performance of the anesthesiologist assistant. An anesthesiologist may only
supervise two anesthesiologist assistants at the same time. The board may, by rule, allow
an anesthesiologist to supervise up to four anesthesiologist assistants, after July 1, 2008.
An anesthesiologist or group of anesthesiologists must, upon establishing a
supervisory relationship with an anesthesiologist assistant, file with the board a written
protocol that includes, at a minimum:
The name, address, and license number of the anesthesiologist assistant.
The name, address, license number, and federal Drug Enforcement Administration
number of each physician who will be supervising the anesthesiologist assistant.
The address of the anesthesiologist assistant’s primary practice location and the
address of any other locations where the anesthesiologist assistant may practice.
The date the protocol was developed and the dates of all revisions.
The signatures of the anesthesiologist assistant and all supervising physicians.
The duties and functions of the anesthesiologist assistant.
The conditions or procedures that require the personal provision of care by an
anesthesiologist.
The procedures to be followed in the event of an anesthetic emergency.
The protocol must be on file with the board before the anesthesiologist assistant may
practice with the anesthesiologist or group. An anesthesiologist assistant may not practice
unless a written protocol has been filed for that anesthesiologist assistant in accordance
with this paragraph, and the anesthesiologist assistant may only practice under the direct
supervision of an anesthesiologist who has signed the protocol. The protocol must be
updated biennially.
(3) PERFORMANCE OF ANESTHESIOLOGIST ASSISTANTS.—
An anesthesiologist assistant may assist an anesthesiologist in developing and
implementing an anesthesia care plan for a patient. In providing assistance to an
anesthesiologist, an anesthesiologist assistant may perform duties established by rule by
the board in any of the following functions that are included in the anesthesiologist
assistant’s protocol while under the direct supervision of an anesthesiologist:
Obtain a comprehensive patient history and present the history to the supervising
anesthesiologist.
Pretest and calibrate anesthesia delivery systems and monitor, obtain, and interpret
information from the systems and monitors.
Assist the supervising anesthesiologist with the implementation of medically
accepted monitoring techniques.
Establish basic and advanced airway interventions, including intubation of the
trachea and performing ventilatory support.
Administer intermittent vasoactive drugs and start and adjust vasoactive infusions.
Administer anesthetic drugs, adjuvant drugs, and accessory drugs.
Assist the supervising anesthesiologist with the performance of epidural anesthetic
procedures and spinal anesthetic procedures.
Administer blood, blood products, and supportive fluids.
Support life functions during anesthesia health care, including induction and
intubation procedures, the use of appropriate mechanical supportive devices, and the
management of fluid, electrolyte, and blood component balances.
Recognize and take appropriate corrective action for abnormal patient responses to
anesthesia, adjunctive medication, or other forms of therapy.
Participate in management of the patient while in the
postanesthesia recovery area, including the administration of any supporting fluids or
drugs.
Place special peripheral and central venous and arterial lines for blood sampling and
monitoring as appropriate.
Nothing in this section or chapter prevents thirdparty payors from reimbursing
employers of anesthesiologist assistants for covered services rendered by such
anesthesiologist assistants.
An anesthesiologist assistant must clearly convey to the patient that she or he is an
anesthesiologist assistant.
An anesthesiologist assistant may perform anesthesia tasks and services within the
framework of a written practice protocol developed between the supervising
anesthesiologist and the anesthesiologist assistant.
An anesthesiologist assistant may not prescribe, order, or compound any controlled
substance, legend drug, or medical device, nor may an anesthesiologist assistant dispense
sample drugs to patients. Nothing in this paragraph prohibits an anesthesiologist assistant
from administering legend drugs or controlled substances; intravenous drugs, fluids, or
blood products; or inhalation or other anesthetic agents to patients which are ordered by
the supervising anesthesiologist and administered while under the direct supervision of
the supervising anesthesiologist.
PERFORMANCE BY TRAINEES.—The practice of a trainee is exempt from the
requirements of this chapter while the trainee is performing assigned tasks as a trainee in
conjunction with an approved program. Before providing anesthesia services,
including the administration of anesthesia in conjunction with the requirements of an
approved program, the trainee must clearly convey to the patient that he or she is a
trainee.
PROGRAM APPROVAL.—The boards shall approve programs for the education
and training of anesthesiologist assistants which meet standards established by board
rules. The board may recommend only those anesthesiologist assistant training programs
that hold full accreditation or provisional accreditation from the Commission on
Accreditation of Allied Health Education Programs.
ANESTHESIOLOGIST ASSISTANT LICENSURE.—
Any person desiring to be licensed as an anesthesiologist assistant must apply to the
department. The department shall issue a license to any person certified by the board to:
Be at least 18 years of age.
Have satisfactorily passed a proficiency examination with a score established by the
National Commission on Certification of Anesthesiologist Assistants.
Be certified in advanced cardiac life support.
Have completed the application form and remitted an application fee, not to exceed
$1,000, as set by the boards. An application must include:
a. A certificate of completion of an approved graduate level program.
b. A sworn statement of any prior felony convictions.
c. A sworn statement of any prior discipline or denial of licensure or certification in
any state.
d. Two letters of recommendation from anesthesiologists.
A license must be renewed biennially. Each renewal must include:
A renewal fee, not to exceed $1,000, as set by the boards.
A sworn statement of no felony convictions in the immediately preceding 2 years.
Each licensed anesthesiologist assistant must biennially complete 40 hours of
continuing medical education or hold a current certificate issued by the National
Commission on Certification of Anesthesiologist Assistants or its successor.
An anesthesiologist assistant must notify the department in writing within 30 days
after obtaining employment that requires a license under this chapter and after any
subsequent change in her or his supervising anesthesiologist. The notification must
include the full name, license number, specialty, and address of the supervising
anesthesiologist. Submission of a copy of the required protocol by the anesthesiologist
assistant satisfies this requirement.
The Board of Osteopathic Medicine may impose upon an anesthesiologist assistant
any penalty specified in s. 456.072 or s. 459.015(2) if the anesthesiologist assistant or the
supervising anesthesiologist is found guilty of or is investigated for an act that constitutes
a violation of this chapter or chapter 456.
ANESTHESIOLOGIST AND ANESTHESIOLOGIST
ASSISTANT TO ADVISE THE BOARD.—
The chairperson of the board may appoint an anesthesiologist and an anesthesiologist
assistant to advise the board as to the adoption of rules for the licensure of
anesthesiologist assistants. The board may use a committee structure that is most
practicable in order to receive any recommendations to the board regarding rules and all
matters relating to anesthesiologist assistants, including, but not limited to,
recommendations to improve safety in the clinical practices of licensed anesthesiologist
assistants.
In addition to its other duties and responsibilities as prescribed by law, the board
shall:
Recommend to the department the licensure of anesthesiologist assistants.
Develop all rules regulating the use of anesthesiologist assistants by qualified
anesthesiologists under this chapter and chapter 458, except for rules relating to the
formulary developed under s. 458.347(4)(f). The board shall also develop rules to ensure
that the continuity of supervision is maintained in each practice setting. The boards shall
consider adopting a proposed rule at the regularly scheduled meeting immediately
following the submission of the proposed rule. A proposed rule may not be adopted by
either board unless both boards have accepted and approved the identical language
contained in the proposed rule. The language of all proposed rules must be approved by
both boards pursuant to each respective board’s guidelines and standards regarding the
adoption of proposed rules.
Address concerns and problems of practicing
anesthesiologist assistants to improve safety in the clinical practices of licensed
anesthesiologist assistants.
When the board finds that an applicant for licensure has failed to meet, to the board’s
satisfaction, each of the requirements for licensure set forth in this section, the board may
enter an order to:
Refuse to certify the applicant for licensure;
Approve the applicant for licensure with restrictions on the scope of practice or
license; or
Approve the applicant for conditional licensure. Such conditions may include
placement of the licensee on probation for a period of time and subject to such conditions
as the board specifies, including, but not limited to, requiring the licensee to undergo
treatment, to attend continuing education courses, or to take corrective action.
PENALTY.—A person who falsely holds herself or himself out as an
anesthesiologist assistant commits a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
DENIAL, SUSPENSION, OR REVOCATION OF LICENSURE.—The boards may
deny, suspend, or revoke the license of an anesthesiologist assistant who the board
determines has violated any provision of this section or chapter or any rule adopted
pursuant thereto.
RULES.—The boards shall adopt rules to administer this section.
LIABILITY.—A supervising anesthesiologist is liable for any act or omission of an
anesthesiologist assistant acting under the anesthesiologist’s supervision and control and
shall comply with the financial responsibility requirements of this chapter and chapter
456, as applicable.
FEES.—The department shall allocate the fees collected under this section to the
board.
CHAPTER 493
PRIVATE INVESTIGATIVE, PRIVATE SECURITY, AND
REPOSSESSION SERVICES
493.6115. Weapons and firearms.
The provisions of this section shall apply to all licensees in addition to the other
provisions of this chapter.
Only Class “C,” Class “CC,” Class “D,” Class “M,” Class “MA,” or Class “MB”
licensees are permitted to bear a firearm and any such licensee who bears a firearm shall
also have a Class “G” license.
No employee shall carry or be furnished a weapon or firearm unless the carrying of a
weapon or firearm is required by her or his duties, nor shall an employee carry a weapon
or firearm except in connection with those duties. When carried pursuant to this
subsection, the weapon or firearm shall be encased in view at all times except as provided
in subsection (4).
A Class “C” or Class “CC” licensee 21 years of age or older who has also been
issued a Class “G” license may carry, in the performance of her or his duties, a concealed
firearm. A Class “D” licensee 21 years of age or older who has also been issued a Class
“G” license may carry a concealed firearm in the performance of her or his duties under
the conditions specified in s. 493.6305(2). The Class “G” license shall clearly indicate
such authority. The authority of any such licensee to carry a concealed firearm shall be
valid throughout the state, in any location, while performing services within the scope of
the license.
The Class “G” license shall remain in effect only during the
period the applicant is employed as a Class “C,” Class “CC,” Class “D,” Class “MA,”
Class “MB,” or Class “M” licensee.
In addition to any other firearm approved by the department, a licensee who has been
issued a Class “G” license may carry a .38 caliber revolver; or a .380 caliber or 9
millimeter semiautomatic pistol; or a .357 caliber revolver with .38 caliber ammunition
only; or a .40 caliber handgun; or a .45 ACP handgun while performing duties authorized
under this chapter. A licensee may not carry more than two firearms upon her or his
person when performing her or his duties. A licensee may only carry a firearm of the
specific type and caliber with which she or he is qualified pursuant to the firearms
training referenced in subsection (8) or s. 493.6113(3)(b).
Any person who provides classroom and range instruction to applicants for Class
“G” licensure shall have a Class “K” license.
A Class “G” applicant must satisfy the minimum training criteria as set forth in s.
493.6105(5) and as established by rule of the department.
Whenever a Class “G” licensee discharges her or his firearm in the course of her or
his duties, the Class “G” licensee and the agency by which she or he is employed shall,
within 5 working days, submit to the department an explanation describing the nature of
the incident, the necessity for using the firearm, and a copy of any report prepared by a
law enforcement agency. The department may revoke or suspend the Class “G”
licensee’s license and the licensed agency’s agency license if this requirement is not met.
The department may promulgate rules to establish minimum standards to issue
licenses for weapons other than firearms.
The department may establish rules to require periodic classroom training for
firearms instructors to provide updated information relative to curriculum or other
training requirements provided by statute or rule.
The department may issue a temporary Class “G” license, on a casebycase basis, if:
The agency or employer has certified that the applicant has been determined to be
mentally and emotionally stable by either:
A validated written psychological test taken within the previous 12month period.
An evaluation by a psychiatrist or psychologist licensed in this state or by the Federal
Government made within the previous 12month period.
Presentation of a DD form 214, issued within the previous 12month period, which
establishes the absence of emotional or mental instability at the time of discharge from
military service.
The applicant has submitted a complete application for a Class “G” license, with a
notation that she or he is seeking a temporary Class “G” license.
The applicant has completed all Class “G” minimum training requirements as
specified in this section.
The applicant has received approval from the department subsequent to its conduct of
a criminal history record check as
authorized in s. 493.6108(1).
In addition to other fees, the department may charge a fee, not to exceed $25, for
processing a Class “G” license application as a temporary Class “G” license request.
Upon issuance of the temporary Class “G” license, the licensee is subject to all of the
requirements imposed upon Class “G” licensees.
The temporary Class “G” license is valid until the Class “G” license is issued or
denied. If the department denies the Class “G” license, any temporary Class “G” license
issued to that individual is void, and the individual shall be removed from armed duties
immediately.
If the criminal history record check program referenced in s. 493.6108(1) is
inoperable, the department may issue a temporary “G” license on a casebycase basis,
provided that the applicant has met all statutory requirements for the issuance of a
temporary “G” license as specified in subsection (12), excepting the criminal history
record check stipulated there; provided, that the department requires that the licensed
employer of the applicant conduct a criminal history record check of the applicant
pursuant to standards set forth in rule by the department, and provide to the department
an affidavit containing such information and statements as required by the department,
including a statement that the criminal history record check did not indicate the existence
of any criminal history that would prohibit licensure. Failure to properly conduct such a
check, or knowingly providing incorrect or misleading information or statements in the
affidavit constitutes grounds for disciplinary
action against the licensed agency, including revocation of license.
No person is exempt from the requirements of this section by virtue of holding a
concealed weapon or concealed firearm license issued pursuant to s. 790.06.
493.6120. Violations; penalty.
(a) Except as provided in paragraph (b), a person who engages in any activity for
which this chapter requires a license and who does not hold the required license commits:
For a first violation, a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
For a second or subsequent violation, a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084, and the department may seek the
imposition of a civil penalty not to exceed $10,000.
Paragraph (a) does not apply if the person engages in unlicensed activity within 90
days after the date of the expiration of his or her license.
(a) A person who, while impersonating a security officer, private investigator,
recovery agent, or other person required to have a license under this chapter, knowingly
and intentionally forces another person to assist the impersonator in an activity within the
scope of duty of a professional licensed under this chapter commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who violates paragraph (a) during the course of committing a felony
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
A person who violates paragraph (a) during the course of committing a felony
resulting in death or serious bodily injury to another human being commits a felony of
the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Except as otherwise provided in this chapter, a person who violates any provision of
this chapter except subsection (7) commits a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083. The department may also seek the imposition of a
civil penalty in the Class II category pursuant to s. 570.971 upon a withhold of
adjudication of guilt or an adjudication of guilt in a criminal case.
A person who is convicted of any violation of this chapter is not eligible for licensure
for a period of 5 years.
A person who violates or disregards a cease and desist order issued by the department
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083. In addition, the department may seek the imposition of a civil penalty in the
Class II category pursuant to s. 570.971.
A person who was an owner, officer, partner, or manager of a licensed agency or a
Class “DS” or “RS” school or training facility at the time of any activity that is the basis
for revocation of the agency or branch office license or the school or training facility
license and who knew or should have known of the activity shall have his or her personal
licenses or approval suspended for 3 years and may not have any financial interest in or
be employed in any capacity by a licensed agency or a school or training facility during
the period of suspension.
A person may not knowingly possess, issue, cause to be issued, sell, submit, or offer
a fraudulent training certificate, proficiency form, or other official document that declares
an applicant to have successfully completed any course of training required for licensure
under this chapter when that person either
knew or reasonably should have known that the certificate, form, or document was
fraudulent. A person who violates this subsection commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
CHAPTER 499
FLORIDA DRUG AND COSMETIC ACT
499.001. Florida Drug and Cosmetic Act; short title.
Sections 499.001499.94 may be cited as the “Florida Drug and Cosmetic Act.”
499.002. Purpose, administration, and enforcement of and exemption from
this part.
(1) This part is intended to:
Safeguard the public health and promote the public welfare by protecting the public
from injury by product use and by merchandising deceit involving drugs, devices, and
cosmetics.
Provide uniform legislation to be administered so far as practicable in conformity
with the provisions of, and regulations issued under the authority of, the Federal Food,
Drug, and Cosmetic Act and that portion of the Federal Trade Commission Act which
expressly prohibits the false advertisement of drugs, devices, and cosmetics.
Promote thereby uniformity of such state and federal laws, and their administration
and enforcement, throughout the United States.
The department shall administer and enforce this part to prevent fraud, adulteration,
misbranding, or false advertising in the preparation, manufacture, repackaging, or
distribution of drugs, devices, and cosmetics.
For the purpose of any investigation or proceeding
conducted by the department under this part, the department may administer oaths, take
depositions, issue and serve subpoenas, and compel the attendance of witnesses and the
production of books, papers, documents, or other evidence. The department shall exercise
this power on its own initiative. Challenges to, and enforcement of, the subpoenas and
orders shall be handled as provided in s. 120.569.
Each state attorney, county attorney, or municipal attorney to whom the department
or its designated agent reports any violation of this part shall cause appropriate
proceedings to be instituted in the proper courts without delay and to be prosecuted in the
manner required by law.
This part does not require the department to report, for the institution of proceedings
under this part, minor violations of this part when it believes that the public interest will
be adequately served in the circumstances by a suitable written notice or warning.
Common carriers engaged in interstate commerce are not subject to this part if they
are engaged in the usual course of business as common carriers.
499.003. Definitions of terms used in this part.
As used in this part, the term:
“Active pharmaceutical ingredient” includes any substance or mixture of substances
intended, represented, or labeled for use in drug manufacturing that furnishes or is
intended to furnish, in a finished dosage form, any pharmacological activity or other
direct effect in the diagnosis, cure, mitigation, treatment, therapy, or
prevention of disease in humans or other animals, or to affect the structure or any
function of the body of humans or animals.
“Advertisement” means any representation disseminated in any manner or by any
means, other than by labeling, for the purpose of inducing, or which is likely to induce,
directly or indirectly, the purchase of drugs, devices, or cosmetics.
“Affiliate” means a business entity that has a relationship with another business
entity in which, directly or indirectly:
The business entity controls, or has the power to control, the other business entity; or
A third party controls, or has the power to control, both business entities.
(4) “Affiliated party” means:
A director, officer, trustee, partner, or committee member of a permittee or applicant
or a subsidiary or service corporation of the permittee or applicant;
A person who, directly or indirectly, manages, controls, or oversees the operation of
a permittee or applicant, regardless of whether such person is a partner, shareholder,
manager, member, officer, director, independent contractor, or employee of the permittee
or applicant;
A person who has filed or is required to file a personal information statement
pursuant to s. 499.012(9) or is required to be identified in an application for a permit or to
renew a permit pursuant to s. 499.012(8); or
The five largest natural shareholders that own at least 5
percent of the permittee or applicant.
“Applicant” means a person applying for a permit or certification under this part.
“Certificate of free sale” means a document prepared by the department which
certifies a drug, device, or cosmetic, that is registered with the department, as one that
can be legally sold in the state.
“Chain pharmacy warehouse” means a distributor permitted pursuant to s. 499.01
that maintains a physical location for prescription drugs that functions solely as a central
warehouse to perform intracompany transfers of such drugs between members of an
affiliate.
“Closed pharmacy” means a pharmacy that is licensed under chapter 465 and
purchases prescription drugs for use by a limited patient population and not for wholesale
distribution or sale to the public. The term does not include retail pharmacies.
“Color” includes black, white, and intermediate grays.
“Color additive” means, with the exception of any material that has been or hereafter
is exempt under the federal act, a material that:
Is a dye pigment, or other substance, made by a process of synthesis or similar
artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final
change of identity from a vegetable, animal, mineral, or other source; or
When added or applied to a drug or cosmetic or to the human body, or any part
thereof, is capable alone, or through
reaction with other substances, of imparting color thereto.
“Contraband prescription drug” means any adulterated drug, as defined in s. 499.006,
any counterfeit drug, as defined in this section, and also means any prescription drug for
which a transaction history, transaction information, or transaction statement does not
exist, or for which the transaction history, transaction information, or transaction
statement in existence has been forged, counterfeited, falsely created, or contains any
altered, false, or misrepresented matter.
“Cosmetic” means an article, with the exception of soap,
that is:
Intended to be rubbed, poured, sprinkled, or sprayed on; introduced into; or otherwise
applied to the human body or any part thereof for cleansing, beautifying, promoting
attractiveness, or altering the appearance; or
Intended for use as a component of any such article.
Recognized in the current edition of the United States Pharmacopoeia and National
Formulary, official Homeopathic Pharmacopoeia of the United States, or any supplement
to any of those publications;
Intended for use in the diagnosis, cure, mitigation, treatment, therapy, or prevention
of disease in humans or other animals;
Intended to affect the structure or any function of the body of humans or other
animals; or
Intended for use as a component of any article specified in paragraph (a), paragraph
(b), or paragraph (c), and includes active pharmaceutical ingredients, but does not include
devices or their nondrug components, parts, or accessories.
“Establishment” means a place of business which is at one general physical location
and may extend to one or more contiguous suites, units, floors, or buildings operated and
controlled exclusively by entities under common operation and control. Where multiple
buildings are under common exclusive ownership, operation, and control, an intervening
thoroughfare does not affect the contiguous nature of the buildings. For purposes of
permitting, each suite, unit, floor, or building must be identified in the most recent permit
application.
“Federal act” means the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. ss. 301 et
seq.; 52 Stat. 1040
et seq.
“Freight forwarder” means a person who receives prescription drugs which are
owned by another person and designated by that person for export, and exports those
prescription drugs.
“Health care entity” means a closed pharmacy or any person, organization, or
business entity that provides diagnostic, medical, surgical, or dental treatment or care, or
chronic or
rehabilitative care, but does not include any wholesale distributor or retail pharmacy
licensed under state law to deal in prescription drugs. However, a blood establishment is
a health care entity that may engage in the wholesale distribution of prescription drugs
under s. 499.01(2)(h)1.c.
“Health care facility” means a health care facility licensed under chapter 395.
“Hospice” means a corporation licensed under part IV of chapter 400.
“Hospital” means a facility as defined in s. 395.002 and licensed under chapter 395.
“Immediate container” does not include package liners.
“Label” means a display of written, printed, or graphic matter upon the immediate
container of any drug, device, or cosmetic. A requirement made by or under authority of
this part or rules adopted under this part that any word, statement, or other information
appear on the label is not complied with unless such word, statement, or other
information also appears on the outside container or wrapper, if any, of the retail package
of such drug, device, or cosmetic or is easily legible through the outside container or
wrapper.
“Labeling” means all labels and other written, printed, or graphic matters:
Upon a drug, device, or cosmetic, or any of its containers or wrappers; or
Accompanying or related to such drug, device, or cosmetic.
“Manufacture” means the preparation, deriving, compounding, propagation,
processing, producing, or fabrication of any drug, device, or cosmetic.
“Manufacturer” means:
The term does not include a pharmacy that is operating in compliance with pharmacy
practice standards as defined in chapter 465 and rules adopted under that chapter.
“Medical convenience kit” means packages or units that contain combination
products as defined in 21 C.F.R. s. 3.2(e)(2).
“Medical gas” means any liquefied or vaporized gas that is
a prescription drug, whether alone or in combination with other gases, and as defined in
the federal act.
(32) “New drug” means:
Any drug the composition of which is such that the drug is not generally recognized,
among experts qualified by scientific training and experience to evaluate the safety and
effectiveness of drugs, as safe and effective for use under the conditions prescribed,
recommended, or suggested in the labeling of that drug; or
Any drug the composition of which is such that the drug, as a result of investigations
to determine its safety and effectiveness for use under certain conditions, has been
recognized for use under such conditions, but which drug has not, other than in those
investigations, been used to a material extent or for a material time under such conditions.
“Nursing home” means a facility licensed under part II of chapter 400.
“Official compendium” means the current edition of the official United States
Pharmacopoeia and National Formulary, or any supplement thereto.
“Permittee” means any person holding a permit issued under this chapter.
“Person” means any individual, child, joint venture, syndicate, fiduciary, partnership,
corporation, division of a corporation, firm, trust, business trust, company, estate, public
or private institution, association, organization, group, city, county, city and county,
political subdivision of this state, other
governmental agency within this state, and any representative, agent, or agency of any of
the foregoing, or any other group or combination of the foregoing.
“Pharmacist” means a person licensed under chapter 465.
“Pharmacy” means an entity licensed under chapter 465.
“Prepackaged drug product” means a drug that originally was in finished packaged
form sealed by a manufacturer and that is placed in a properly labeled container by a
pharmacy or practitioner authorized to dispense pursuant to chapter 465 for the purpose
of dispensing in the establishment in which the prepackaging occurred.
“Prescription drug” means a prescription, medicinal, or legend drug, including, but
not limited to, finished dosage forms or active pharmaceutical ingredients subject to,
defined by, or described by s. 503(b) of the federal act or s. 465.003(8), s. 499.007(13),
subsection (31), or subsection (47), except that an active pharmaceutical ingredient is a
prescription drug only if substantially all finished dosage forms in which it may be
lawfully dispensed or administered in this state are also prescription drugs.
“Prescription drug label” means any display of written, printed, or graphic matter
upon the immediate container of any prescription drug before it is dispensed to an
individual patient pursuant to a prescription of a practitioner authorized by law to
prescribe.
“Prescription label” means any display of written, printed, or graphic matter upon the
immediate container of any
prescription drug dispensed pursuant to a prescription of a practitioner authorized by law
to prescribe.
“Proprietary drug,” or “OTC drug,” means a patent or overthecounter drug in its
unbroken, original package, which drug is sold to the public by, or under the authority of,
the manufacturer or primary distributor thereof, is not misbranded under the provisions of
this part, and can be purchased without a prescription.
“Repackage” includes repacking or otherwise changing the container, wrapper, or
labeling to further the distribution of the drug, device, or cosmetic.
“Repackager” means a person who repackages. The term excludes pharmacies that
are operating in compliance with pharmacy practice standards as defined in chapter 465
and rules adopted under that chapter.
“Retail pharmacy” means a community pharmacy licensed under chapter 465 that
purchases prescription drugs at fair market prices and provides prescription services to
the public.
“Veterinary prescription drug” means a prescription drug intended solely for
veterinary use. The label of the drug must bear the statement, “Caution: Federal law
restricts this drug to sale by or on the order of a licensed veterinarian.”
“Wholesale distribution” means the distribution of a prescription drug to a person
other than a consumer or patient, or the receipt of a prescription drug by a person other
than the consumer or patient, but does not include:
Any of the following activities, which is not a violation of s.
499.005(21) if such activity is conducted in accordance with s.
499.01(2)(h):
The purchase or other acquisition by a hospital or other health care entity that is a
member of a group purchasing organization of a prescription drug for its own use from
the group purchasing organization or from other hospitals or health care entities that are
members of that organization.
The distribution of a prescription drug or an offer to distribute a prescription drug by
a charitable organization described in s. 501(c)(3) of the Internal Revenue Code of 1986,
as amended and revised, to a nonprofit affiliate of the organization to the extent otherwise
permitted by law.
The distribution of a prescription drug among hospitals or other health care entities
that are under common control. For purposes of this subparagraph, “common control”
means the power to direct or cause the direction of the management and policies of a
person or an organization, whether by ownership of stock, by voting rights, by contract,
or otherwise.
The distribution of a prescription drug from or for any federal, state, or local
government agency or any entity eligible to purchase prescription drugs at public health
services prices pursuant to Pub. L. No. 102585, s. 602 to a contract provider or its
subcontractor for eligible patients of the agency or entity under the following conditions:
a. The agency or entity must obtain written authorization for the distribution of a
prescription drug under this subparagraph from the Secretary of Business and
Professional Regulation or his or her designee.
b. The contract provider or subcontractor must be authorized by law to administer or
dispense prescription drugs.
c. In the case of a subcontractor, the agency or entity must be a party to and execute
the subcontract.
d. The contract provider and subcontractor must maintain and produce immediately
for inspection all records of movement or transfer of all the prescription drugs belonging
to the agency or entity, including, but not limited to, the records of receipt and disposition
of prescription drugs. Each contractor and subcontractor dispensing or administering
these drugs must maintain and produce records documenting the dispensing or
administration. Records that are required to be maintained include, but are not limited to,
a perpetual inventory itemizing drugs received and drugs dispensed by prescription
number or administered by patient identifier, which must be submitted to the agency or
entity quarterly.
e. The contract provider or subcontractor may administer or dispense the prescription
drugs only to the eligible patients of the agency or entity or must return the prescription
drugs for or to the agency or entity. The contract provider or subcontractor must require
proof from each person seeking to fill a prescription or obtain treatment that the person is
an eligible patient of the agency or entity and must, at a minimum, maintain a copy of
this proof as part of the records of the contractor or subcontractor required under sub
subparagraph d.
f. In addition to the departmental inspection authority set forth in s. 499.051, the
establishment of the contract provider and subcontractor and all records pertaining to
prescription drugs
subject to this subparagraph shall be subject to inspection by the agency or entity. All
records relating to prescription drugs of a manufacturer under this subparagraph shall be
subject to audit by the manufacturer of those drugs, without identifying individual patient
information.
Any of the following activities, which is not a violation of s. 499.005(21) if such
activity is conducted in accordance with rules established by the department:
The distribution of a prescription drug among federal, state, or local government
health care entities that are under common control and are authorized to purchase such
prescription drug.
The distribution of a prescription drug or offer to distribute a prescription drug for
emergency medical reasons, which may include transfers of prescription drugs by a retail
pharmacy to another retail pharmacy to alleviate a temporary shortage. For purposes of
this subparagraph, a drug shortage not caused by a public health emergency does not
constitute an emergency medical reason.
The distribution of a prescription drug acquired by a medical director on behalf of a
licensed emergency medical services provider to that emergency medical services
provider and its transport vehicles for use in accordance with the provider’s license under
chapter 401.
The donation of a prescription drug by a health care entity to a charitable
organization that has been granted an exemption under s. 501(c)(3) of the Internal
Revenue Code of 1986, as amended, and that is authorized to possess prescription drugs.
The distribution of a prescription drug by a person authorized to purchase or receive
prescription drugs to a person licensed or permitted to handle reverse distributions or
destruction under the laws of the jurisdiction in which the person handling the reverse
distribution or destruction receives the drug.
The distribution of a prescription drug by a hospital or other health care entity to a
person licensed under this part to repackage prescription drugs for the purpose of
repackaging the prescription drug for use by that hospital, or other health care entity and
other health care entities that are under common control, if ownership of the prescription
drugs remains with the hospital or other health care entity at all times. In addition to the
recordkeeping requirements of s. 499.0121(6), the hospital or health care entity that
distributes prescription drugs pursuant to this subparagraph must reconcile all drugs
distributed and returned and resolve any discrepancies in a timely manner.
Intracompany distribution of any drug between members of an affiliate or within a
manufacturer.
The distribution of a prescription drug by the manufacturer of the prescription drug.
The distribution of prescription drug samples by manufacturers’ representatives or
distributors’ representatives conducted in accordance with s. 499.028.
The distribution of a prescription drug by a thirdparty logistics provider permitted or
licensed pursuant to and operating in compliance with the laws of this state and federal
law if such thirdparty logistics provider does not take ownership of the prescription drug.
The distribution of a prescription drug, or an offer to distribute a prescription drug by a
repackager registered as a drug establishment with the United States Food and Drug
Administration that has taken ownership or possession of the prescription drug and repacks it
in accordance with this part.
The purchase or other acquisition by a dispenser, hospital, or other health care entity of a
prescription drug for use by such dispenser, hospital, or other health care entity.
The distribution of a prescription drug by a hospital or other health care entity, or by a
wholesale distributor or manufacturer operating at the direction of the hospital or other health
care entity, to a repackager for the purpose of repackaging the prescription drug for use by
that hospital, or other health care entity and other health care entities that are under common
control, if ownership of the prescription drug remains with the hospital or other health care
entity at all times.
The distribution of blood and blood components intended for transfusion. As used in this
paragraph, the term “blood” means whole blood collected from a single donor and processed
for transfusion or further manufacturing, and the term “blood components” means that part of
the blood separated by physical or mechanical means.
The lawful dispensing of a prescription drug in accordance with chapter 465.
The distribution of a prescription drug between pharmacies as a result of a sale, transfer,
merger, or consolidation of all or part of the business of the pharmacies from or with another
pharmacy, whether accomplished as a purchase and sale of stock
or of business assets.
Facilitating the distribution of a prescription drug by providing solely administrative
services, including processing of
orders and payments.
The distribution by a charitable organization described in s. 501(c)(3) of the Internal
Revenue Code of prescription drugs donated to or supplied at a reduced price to the
charitable organization to:
A licensed health care practitioner, as defined in s. 456.001, who is authorized under
the appropriate practice act to prescribe and administer prescription drugs;
A health care clinic establishment permitted pursuant to this chapter; or
The Department of Health or the licensed medical director of a government agency
health care entity, authorized to possess prescription drugs, for storage and use in the
treatment of persons in need of emergency medical services, including controlling
communicable diseases or providing protection from unsafe conditions that pose an
imminent threat to public health,
if the distributor and the receiving entity receive no direct or indirect financial benefit
other than tax benefits related to charitable contributions. Distributions under this section
that involve controlled substances must comply with all state and federal regulations
pertaining to the handling of controlled substances.
The distribution of medical gas pursuant to part III of this chapter.
“Wholesale distributor” means a person, other than a manufacturer, a manufacturer’s
colicensed partner, a thirdparty logistics provider, or a repackager, who is engaged in
wholesale
distribution.
499.005. Prohibited acts.
It is unlawful for a person to perform or cause the performance of any of the
following acts in this state:
The manufacture, repackaging, sale, delivery, or holding or offering for sale of any
drug, device, or cosmetic that is adulterated or misbranded or has otherwise been
rendered unfit for human or animal use.
The adulteration or misbranding of any drug, device, or cosmetic.
The receipt of any drug, device, or cosmetic that is adulterated or misbranded, and
the delivery or proffered delivery of such drug, device, or cosmetic, for pay or otherwise.
The sale, distribution, purchase, trade, holding, or offering of any drug, device, or
cosmetic in violation of this part.
The dissemination of any false or misleading advertisement of a drug, device, or
cosmetic.
The refusal or constructive refusal:
To allow the department to enter or inspect an establishment in which drugs, devices,
or cosmetics are manufactured, processed, repackaged, sold, brokered, or held;
To allow inspection of any record of that establishment;
To allow the department to enter and inspect any vehicle that is being used to
transport drugs, devices, or cosmetics; or
To allow the department to take samples of any drug, device, or cosmetic.
The purchase or sale of prescription drugs for wholesale distribution in exchange for
currency, as defined in s. 560.103.
Committing any act that causes a drug, device, or cosmetic to be a counterfeit drug,
device, or cosmetic; or selling, dispensing, or holding for sale a counterfeit drug, device,
or cosmetic.
The alteration, mutilation, destruction, obliteration, or removal of the whole or any
part of the labeling of a drug, device, or cosmetic, or the doing of any other act with
respect to a drug, device, or cosmetic, if the act is done while the drug, device, or
cosmetic is held for sale and the act results in the drug, device, or cosmetic being
misbranded.
Forging; counterfeiting; simulating; falsely representing any drug, device, or
cosmetic; or, without the authority of the manufacturer, using any mark, stamp, tag, label,
or other identification device authorized or required by rules adopted under this part.
The use, on the labeling of any drug or in any advertisement relating to such drug, of
any representation or suggestion that an application of the drug is effective when it is not
or that the drug complies with this part when it does not.
The possession of any drug in violation of this part.
The sale, delivery, holding, or offering for sale of any selftesting kits designed to tell
persons their status concerning human immunodeficiency virus or acquired immune
deficiency
syndrome or related disorders or conditions. This prohibition shall not apply to home
access HIV test kits approved for distribution and sale by the United States Food and
Drug Administration.
The purchase or receipt of a prescription drug from a person that is not authorized
under this chapter to distribute prescription drugs to that purchaser or recipient.
The sale or transfer of a prescription drug to a person that is not authorized under the
law of the jurisdiction in which the person receives the drug to purchase or possess
prescription drugs from the person selling or transferring the prescription drug.
The purchase or receipt of a compressed medical gas from a person that is not
authorized under this chapter to distribute compressed medical gases.
The sale, purchase, or trade, or the offer to sell, purchase, or trade, a drug sample as
defined in s. 499.028; the distribution of a drug sample in violation of s. 499.028; or the
failure to otherwise comply with s. 499.028.
Failure to maintain records as required by this part and rules adopted under this part.
Providing the department with false or fraudulent records, or making false or
fraudulent statements, regarding any matter within the provisions of this part.
The importation of a prescription drug except as provided by s. 801(d) of the Federal
Food, Drug, and Cosmetic Act.
The wholesale distribution of any prescription drug that
was:
Purchased by a public or private hospital or other health care entity; or
Donated or supplied at a reduced price to a charitable organization,
unless the wholesale distribution of the prescription drug is authorized in s. 499.01(2)
(h)1.c.
Failure to obtain a permit or registration, or operating without a valid permit when a
permit or registration is required by this part for that activity.
Obtaining or attempting to obtain a prescription drug or device by fraud, deceit,
misrepresentation or subterfuge, or engaging in misrepresentation or fraud in the
distribution of a drug or device.
The distribution of a prescription device to the patient or ultimate consumer without a
prescription or order from a practitioner licensed by law to use or prescribe the device.
Charging a dispensing fee for dispensing, administering, or distributing a prescription
drug sample.
Removing a pharmacy’s dispensing label from a dispensed prescription drug with the
intent to further distribute the prescription drug.
Distributing a prescription drug that was previously dispensed by a licensed
pharmacy, unless such distribution was authorized in chapter 465 or the rules adopted
under chapter 465.
Failure to acquire or deliver a transaction history, transaction information, or
transaction statement as required under
this part and rules adopted under this part.
499.0051. Criminal acts.
this chapter and rules adopted under this chapter, in his or her possession commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
KNOWING FORGERY OF TRANSACTION HISTORY, TRANSACTION
INFORMATION, OR TRANSACTION STATEMENT.—A person who knowingly
forges, counterfeits, or falsely creates any transaction history, transaction information, or
transaction statement; who falsely represents any factual matter contained on any
transaction history, transaction information, or transaction statement; or who knowingly
omits to record material information required to be recorded in a transaction history,
transaction information, or transaction statement, commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
KNOWING PURCHASE OR RECEIPT OF PRESCRIPTION DRUG FROM
UNAUTHORIZED PERSON. —A person who knowingly purchases or receives from a
person not authorized to distribute prescription drugs under this chapter a prescription
drug in a wholesale distribution transaction commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
KNOWING SALE OR TRANSFER OF PRESCRIPTION DRUG TO
UNAUTHORIZED PERSON.—A person who knowingly sells or transfers to a person
not authorized to purchase or possess prescription drugs, under the law of the jurisdiction
in which the person receives the drug, a prescription drug in a wholesale distribution
transaction commits a felony of the second degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
KNOWING SALE OR DELIVERY, OR POSSESSION WITH INTENT TO SELL,
CONTRABAND PRESCRIPTION DRUGS.—A person who is knowingly in actual or
constructive possession of any amount of contraband prescription drugs, who knowingly
sells or delivers, or who possesses with intent to sell or deliver any amount of contraband
prescription drugs, commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
KNOWING TRAFFICKING IN CONTRABAND PRESCRIPTION DRUGS.—A
person who knowingly sells, purchases, manufactures, delivers, or brings into this state,
or who is knowingly in actual or constructive possession of any amount of contraband
prescription drugs valued at $25,000 or more commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Upon conviction, each defendant shall be ordered to pay a mandatory fine according
to the following schedule:
If the value of contraband prescription drugs involved is $25,000 or more, but less
than $100,000, the defendant shall pay a mandatory fine of $25,000. If the defendant is a
corporation or other person that is not a natural person, it shall pay a mandatory fine of
$75,000.
If the value of contraband prescription drugs involved is $100,000 or more, but less
than $250,000, the defendant shall pay a mandatory fine of $100,000. If the defendant is
a corporation or other person that is not a natural person, it shall pay a mandatory fine of
$300,000.
If the value of contraband prescription drugs involved is $250,000 or more, the defendant
shall pay a mandatory fine of $200,000. If the defendant is a corporation or other person that
is not a natural person, it shall pay a mandatory fine of $600,000.
As used in this subsection, the term “value” means the market value of the property at the
time and place of the offense or, if such cannot be satisfactorily ascertained, the cost of
replacement of the property within a reasonable time after the offense. Amounts of value of
separate contraband prescription drugs involved in distinct transactions for the distribution of
the contraband prescription drugs committed pursuant to one scheme or course of conduct,
whether involving the same person or several persons, may be aggregated in determining the
punishment of the offense.
KNOWING FORGERY OF PRESCRIPTION OR PRESCRIPTION DRUG LABELS.—
A person who knowingly forges, counterfeits, or falsely creates any prescription label or
prescription drug label, or who falsely represents any factual matter contained on any
prescription label or prescription drug label, commits a felony of the first degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
KNOWING SALE OR PURCHASE OF CONTRABAND PRESCRIPTION DRUGS
RESULTING IN GREAT BODILY HARM.—A person who knowingly sells, purchases,
manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive
possession of any amount of contraband prescription drugs, and whose acts in violation of
this subsection result in great bodily harm to a person, commits a felony of the first degree, as
provided in s. 775.082, s. 775.083, or
775.084.
of the dissemination by him or her of such false advertisement, unless he or she has
refused, on the request of the department, to furnish to the department the name and post
office address of the manufacturer, wholesaler, seller, or advertising agency that asked
him or her to disseminate such advertisement.
ADULTERATED AND MISBRANDED DRUGS; FALSE ADVERTISEMENT;
FAILURE TO MAINTAIN RECORDS RELATING TO DRUGS.—Any person who
violates any of the following provisions commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083; but, if the violation is committed after
a conviction of such person under this subsection has become final, such person commits
a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083, or as otherwise provided in this part:
The manufacture, repackaging, sale, delivery, or holding or offering for sale of any
drug that is adulterated or misbranded or has otherwise been rendered unfit for human or
animal use.
The adulteration or misbranding of any drug intended for further distribution.
The receipt of any drug that is adulterated or misbranded, and the delivery or
proffered delivery of such drug, for pay or otherwise.
The dissemination of any false or misleading advertisement of a drug.
The use, on the labeling of any drug or in any advertisement relating to such drug, of
any representation or suggestion that an application of the drug is effective when it is not
or that the drug
complies with this part when it does not.
The purchase or receipt of a compressed medical gas from a person that is not
authorized under this chapter to distribute compressed medical gases.
Charging a dispensing fee for dispensing, administering, or distributing a prescription
drug sample.
The failure to maintain records related to a drug as required by this part and rules
adopted under this part, except for transaction histories, transaction information, or
transaction statements, invoices, or shipping documents related to prescription drugs.
The possession of any drug in violation of this part, except if the violation relates to a
deficiency in transaction histories, transaction information, or transaction statements.
REFUSAL TO ALLOW INSPECTION; SELLING, PURCHASING, OR TRADING
DRUG SAMPLES; FAILURE TO MAINTAIN RECORDS RELATING TO
PRESCRIPTION DRUGS.—Any person who violates any of the following provisions
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084, or as otherwise provided in this part:
(a) The refusal or constructive refusal to allow:
The department to enter and inspect any vehicle that is being used to transport drugs;
or
The department to take samples of any drug.
The sale, purchase, or trade, or the offer to sell, purchase, or trade, a drug sample as
defined in s. 499.028; the distribution of a drug sample in violation of s. 499.028; or the
failure to otherwise comply with s. 499.028.
Providing the department with false or fraudulent records, or making false or
fraudulent statements, regarding any matter within the provisions of this part related to a
drug.
The failure to receive, maintain, or provide invoices and shipping documents if
applicable, related to the distribution of a prescription drug.
The importation of a prescription drug for wholesale distribution, except as provided
by s. 801(d) of the Federal Food, Drug, and Cosmetic Act.
The wholesale distribution of a prescription drug that was:
Purchased by a public or private hospital or other health care entity; or
Donated or supplied at a reduced price to a charitable organization.
The failure to obtain a permit as a prescription drug wholesale distributor when a
permit is required by this part for that activity.
Knowingly possessing any adulterated or misbranded
prescription drug outside of a designated quarantine area.
The purchase or sale of a prescription drug for wholesale distribution in exchange for
currency, as defined in s. 560.103.
OTHER VIOLATIONS.—Any person who violates any of the following provisions
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084, or as otherwise provided in this part:
Knowingly manufacturing, repackaging, selling, delivering, or holding or offering for
sale any drug that is adulterated or misbranded or has otherwise been rendered unfit for
human or animal use.
Knowingly adulterating a drug that is intended for further distribution.
Knowingly receiving a drug that is adulterated and delivering or proffering delivery
of such drug for pay or otherwise.
Committing any act that causes a drug to be a counterfeit drug, or selling, dispensing,
or knowingly holding for sale a counterfeit drug.
Forging, counterfeiting, simulating, or falsely representing any drug, or, without the
authority of the manufacturer, using any mark, stamp, tag, label, or other identification
device authorized or required by rules adopted under this part.
Knowingly obtaining or attempting to obtain a prescription drug for wholesale
distribution by fraud, deceit, misrepresentation, or subterfuge, or engaging in
misrepresentation
or fraud in the distribution of a drug.
Removing a pharmacy’s dispensing label from a dispensed prescription drug with the
intent to further distribute the prescription drug.
Knowingly distributing a prescription drug that was previously dispensed by a
licensed pharmacy, unless such distribution was authorized in chapter 465 or the rules
adopted under chapter 465.
FALSE ADVERTISEMENT.—A publisher, radio broadcast licensee, or agency or
medium for the dissemination of an advertisement, except the manufacturer, repackager,
wholesale distributor, or seller of the article to which a false advertisement relates, is not
liable under subsection (11), subsection (12), or subsection (13) by reason of the
dissemination by him or her of such false advertisement, unless he or she has refused, on
the request of the department, to furnish to the department the name and post office
address of the manufacturer, repackager, wholesale distributor, seller, or advertising
agency that asked him or her to disseminate such advertisement.
FALSE REPORT.—Any person who submits a report required by s. 499.0121(14)
knowing that such report contains a false statement commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
CONTROLLED SUBSTANCE DISTRIBUTION.—Any person who engages in the
wholesale distribution of prescription drugs and who knowingly distributes controlled
substances in violation of s. 499.0121(14) commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. In
addition to any other fine that may be imposed, a person convicted of such a violation
may be sentenced to pay a fine that does not exceed three times the gross monetary value
gained from such violation, plus court costs and the reasonable costs of investigation and
prosecution.
499.0054. Advertising and labeling of drugs, devices, and cosmetics;
exemptions.
It is a violation of the Florida Drug and Cosmetic Act to perform or cause the
performance of any of the following acts:
The dissemination of any false advertisement of any drug, device, or cosmetic. An
advertisement is false if it is false or misleading in any way.
The distribution in commerce of any drug, device, or cosmetic, if its labeling or
advertising is in violation of this part.
The manufacturing, repackaging, packaging, selling, delivery, holding, or offering
for sale of any drug, device, or cosmetic for which the advertising or labeling is false or
misleading.
The advertising of any drug, device, or cosmetic that is adulterated or misbranded.
The receiving in commerce of any drug, device, or cosmetic that is falsely advertised
or labeled or the delivering or proffering for delivery of any such drug, device, or
cosmetic.
The advertising or labeling of any product containing ephedrine, a salt of ephedrine,
an isomer of ephedrine, or a salt of an isomer of ephedrine, for the indication of
stimulation, mental
alertness, weight loss, appetite control, energy, or other indications not approved by the
pertinent United States Food and Drug Administration OvertheCounter Final or
Tentative Final Monograph or approved new drug application under the federal act. In
determining compliance with this requirement, the department may consider the
following factors:
The packaging of the product.
The name and labeling of the product.
The manner of distribution, advertising, and promotion of the product, including
verbal representations at the point of sale.
The duration, scope, and significance of abuse of the particular product.
The advertising of any drug or device represented to have any effect in any of the
following conditions, disorders, diseases, or processes:
Blood disorders.
Bone or joint diseases.
Kidney diseases or disorders.
Cancer.
Diabetes.
Gall bladder diseases or disorders.
Heart and vascular diseases.
High blood pressure.
Diseases or disorders of the ear or auditory apparatus,
including hearing loss or deafness.
Mental disease or intellectual disability.
Paralysis.
Prostate gland disorders.
Conditions of the scalp affecting hair loss.
Baldness.
Endocrine disorders.
Sexual impotence.
Tumors.
Venereal diseases.
Varicose ulcers.
Breast enlargement.
Purifying blood.
Metabolic disorders.
Immune system disorders or conditions affecting the immune system.
Extension of life expectancy.
Stress and tension.
Brain stimulation or performance.
The body’s natural defense mechanisms.
Blood flow.
Depression.
Human immunodeficiency virus or acquired immune deficiency syndrome or related
disorders or conditions.
The representation or suggestion in labeling or advertising that an article is approved
under this part, when such is not the case.
In determining whether an advertisement is false or misleading, the department shall
review the representations made or suggested by statement, word, design, device, sound,
or any combination thereof within the advertisement and the extent to which the
advertisement fails to reveal material facts with respect to consequences that can result
from the use of the drug, device, or cosmetic to which the advertisement relates under the
conditions of use prescribed in the labeling or advertisement.
(a) An advertisement that is not prohibited under paragraph
(1)(a) is not prohibited under paragraph (1)(g) if it is disseminated:
To the public solely to advertise the product for those indications that are safe and
effective indications and the product is safe and effective for selfmedication, as
established by the United States Food and Drug Administration; or
Only to members of the medical, dental, pharmaceutical, or veterinary professions or
appears only in the scientific periodicals of these professions.
Compliance with this part and the rules adopted under this part creates no legal
presumption that a drug or device is safe or effective.
499.61. Definitions.
As used in this part:
“Dealer” means any person, firm, corporation, or other entity selling, brokering, or
transferring ether to anyone other than a licensed ether manufacturer, distributor, or
dealer.
“Department” means the Department of Business and Professional Regulation.
“Distributor” means any person, firm, corporation, or other entity distributing,
selling, marketing, transferring, or otherwise supplying ether to retailers, dealers, or any
other entity in the primary channel of trade, but does not include retailers.
“Ether” means diethyl ether in any form.
499.62. License or permit required of manufacturer, distributor,
dealer, or purchaser of ether.
It shall be unlawful for any person to engage in the business of manufacturing,
distributing, or dealing in ether in this state, except when done in conformity with the
provisions of this part.
No person shall be required to obtain more than one license under this part to handle
ether, but each person shall pay the highest fee applicable to her or his operation in each
location.
Any person who manufactures, distributes, or deals in ether in this state must possess
a current valid license issued by the department, except that a manufacturer, distributor,
or dealer who also purchases ether in this state shall not be required to obtain an
additional permit as a purchaser of ether.
Any person who manufactures, distributes, or deals in ether at or from more than one
location must possess a current valid license for each location.
Any person who purchases ether in this state must possess a current valid permit
issued by the department, except that no permit shall be required of any person who
purchases ether in quantities of less than 2.5 gallons, or equivalent by weight.
Annual fees for licenses and permits shall be specified by rule of the department, but
shall not exceed the following amounts:
Licenses and permits issued by the department shall be valid beginning on October 1
of the year for which they are issued and shall expire on the following September 30.
A licensed or permitted facility shall renew its license or permit prior to its expiration
date. If a renewal application and fee
are not filed by the expiration date of any year, the permit may be reinstated only upon
payment of a delinquent fee of $50, plus the required renewal fee, within 30 days after
the date of expiration. If any person who is subject to the requirements of this part fails to
comply with the renewal, the department shall have the authority to seize all ether
products and dispose of them as of November 1 of the year the license or permit expires.
Any funds collected from the disposal shall be placed in the Professional Regulation
Trust Fund.
499.64. Issuance of licenses and permits; prohibitions.
Each license and permit issued by the department shall set forth, as a minimum, the
full name, date of birth, and physical description of the licensee or permittee and shall
have permanently affixed an accurate and current photograph of the licensee or permittee.
A license or permit issued to a corporation shall set forth the full name, date of birth, and
physical description of the chief executive officer and/or resident agent residing in this
state and shall have permanently affixed an accurate and current photograph of the chief
executive officer and/or resident agent residing in this state. Each license and permit shall
also contain a license or permit number.
The department may, in its discretion, include other data or information in the license
or permit when deemed appropriate.
No license or permit shall be issued, renewed, or allowed to remain in effect for any
natural person, or for any corporation which has any corporate officer:
(a) Under 18 years of age.
Who has been convicted of a felony under the prescription drug or controlled
substance laws of this state or any other state or federal jurisdiction, regardless of
whether he or she has been pardoned or had his or her civil rights restored.
Who has been convicted of any felony other than a felony under the prescription drug
or controlled substance laws of this state or any other state or federal jurisdiction and has
not been pardoned or had his or her civil rights restored.
Who has been adjudicated mentally incompetent and has not had his or her civil
rights restored.
It is unlawful for any person to knowingly withhold information or present to the
department any false, fictitious, or misrepresented application, identification, document,
information, or data intended or likely to deceive the department for the purpose of
obtaining a license or permit.
499.65. Possession of ether without license or permit prohibited;
confiscation and disposal; exceptions.
It is unlawful for any person to possess 2.5 gallons, or equivalent by weight, or more
of ether unless she or he is the holder of a current valid license or permit as provided by
this part.
Whenever the department has reason to believe that any person is or has been
violating the provisions of this part or any rules adopted pursuant thereto, the department
may, without further process of law, confiscate and dispose of the ether in question. The
department is authorized to seize and dispose of any abandoned ether.
The department is authorized to enter into contracts with private business entities for the
purpose of confiscation and disposal of ether as authorized in subsection (2).
The provisions of subsection (1) shall not apply to:
Any common carrier transporting ether into this state or within the boundaries of this
state by air, highway, railroad, or water;
Any contract or private carrier transporting ether on highways into this state or within the
boundaries of this state by motor vehicle when such contract or private carrier is engaged in
such transport pursuant to certificate or permit, by whatever name, issued to them by any
federal or state officer, agency, bureau, commission, or department;
Pharmacists, for use in the usual course of their professional practice or in the
performance of their official duties;
Medical practitioners, for use in the usual course of their professional practice or in the
performance of their official duties;
Persons who procure ether for disposition by or under the supervision of pharmacists or
medical practitioners employed by them or for the purpose of lawful research, teaching, or
testing, and not for resale;
Hospitals and other institutions which procure ether for lawful administration by
practitioners;
Officers or employees of federal, state, or local governments carrying out their official
duties; and
Law enforcement agencies of this state or any of its political
subdivisions, and the employees thereof, so long as said agencies and employees are
acting within the scope of their respective official capacities and in the performance of
their duties.
The department may adopt rules regarding persons engaged in lawful teaching,
research, or testing who possess ether and may issue letters of exemption to facilitate the
lawful possession of ether under this section.
499.66. Maintenance of records and sales of ether by
manufacturers, distributors, and dealers; inspections.
It is unlawful for any manufacturer, distributor, or dealer to sell, distribute, or
otherwise transfer ether to any person except a person presenting a current valid license
or permit as provided by this part.
Each sale or transfer of ether shall be evidenced by an invoice, receipt, sales ticket, or
sales slip which shall bear the name, address, and license or permit number of the
manufacturer, distributor, or dealer and the purchaser or transferee, the date of sale or
transfer, and the quantity sold or transferred. All original invoices, receipts, sales tickets,
and sales slips shall be retained by the manufacturer, distributor, or dealer, and a copy
thereof provided to the purchaser or transferee.
Each manufacturer, distributor, and dealer shall keep an accurate and current written
account of all inventories, sales, and transfers of ether. Such records shall be maintained
by the manufacturer, distributor, or dealer for a period of 5 years.
Records and inventories as required by subsections (2) and
shall be made immediately accessible to, and subject to
examination and copying by, the department and any law enforcement officer of this state
without any requirement of probable cause or search warrant.
It is unlawful for any person to knowingly withhold information or to make any false
or fictitious entry or misrepresentation upon any invoice, receipt, sales ticket, or sales slip
for the sale, distribution, or transfer of ether or upon any account of inventories of ether.
499.67. Maintenance of records by purchasers; inspections.
It is unlawful for any person to purchase, receive, store, or use ether without
maintaining an accurate and current written inventory of all ether purchased, received,
stored, and used.
Such records shall include, but not be limited to, invoices, receipts, sales tickets, and
sales slips; locations, quantities, and dates of use; the names of any persons using the
ether; and the names and license or permit numbers of all persons making such records.
Such records shall be maintained by permittees for a period of 5 years.
Such records shall be made accessible to, and subject to examination and copying by,
the department and any law enforcement officer of this state without any requirement of
probable cause or search warrant.
It is unlawful for any person to knowingly withhold information or make any false or
fictitious entry or misrepresentation upon any such records for the purchase, receipt,
storage, or use of ether.
It is unlawful for any person to refuse entry or inspection by the department of
factories, warehouses, or establishments in which ether is manufactured, processed,
repackaged, or held; to refuse entry by the department into any vehicle being used to
transport ether; or to refuse the taking of samples by the department.
499.68. Reports of thefts, illegal use, or illegal possession.
Any sheriff, police department, or law enforcement officer of this state shall give
immediate notice to the department of any theft, illegal use, or illegal possession of ether
involving any person and shall forward a copy of his or her final written report to the
department.
Any licensee or permittee who incurs a loss, an unexplained shortage, or a theft of
ether, or who has knowledge of a loss, an unexplained shortage, or a theft of ether, shall,
within 12 hours after the discovery thereof, report such loss, theft, or unexplained
shortage to the county sheriff or police chief of the jurisdiction in which the loss, theft, or
unexplained shortage occurred. Such loss, theft, or unexplained shortage must also be
reported to the department by the close of the next business day following the discovery
thereof.
Any law enforcement agency which investigates the causes and circumstances of any
loss, theft, or unexplained shortage of ether shall forward a copy of its final written report
to the department. The department shall retain all such reports in the respective files of
the affected licensees and permittees.
499.69. Possession in or near residential housing prohibited;
legal entitlement to possession of premises not a defense.
Notwithstanding the possession of a current valid license or permit as provided in
this part, it is unlawful for any person to possess 2.5 gallons, or equivalent by weight, or
more of ether in, or within 500 feet of, any residential housing structure.
A defendant’s legal entitlement to possession of the property where the violation
occurred shall not be a defense to a prosecution for a violation of subsection (1).
499.75. Penalties.
equivalent by weight, or more of ether and is not the holder of a valid current license or
permit as prohibited by s. 499.65(1) is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who knowingly sells or otherwise transfers 2.5 gallons, or equivalent by
weight, or more of ether to any person who is not the holder of a valid current license or
permit as prohibited by s. 499.66(1) is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who knowingly withholds information or makes any false or fictitious
entry or misrepresentation upon any invoice, receipt, sales ticket, sales slip, or account of
inventories as prohibited by s. 499.66(5) is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
Any licensee who knowingly fails to maintain written accounts of inventories or
records of sales or transfers as required by s. 499.66(3) is guilty of a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083.
Any permittee who knowingly fails to maintain written inventories and records as
required by s. 499.67 is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
Any licensee or permittee who fails to report the loss, unexplained shortage, or theft
of ether as required by s. 499.68(2) is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
Any person who knowingly possesses 2.5 gallons, or
equivalent by weight, or more of ether in, or within 500 feet of, any residential housing
structure as prohibited by s. 499.69(1) is guilty of a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
499.77. Exceptions.
Nothing contained in this part shall apply to the regular military and naval forces of
the United States, or to the duly organized military forces of any state or territory thereof,
provided that they are acting within their respective official capacities and in the
performance of their duties.
499.78. County and municipal ordinances.
Nothing contained in this part shall affect any existing ordinance, rule, or regulation
pertaining to ether in any county or municipality in this state, which ordinance, rule, or
regulation is more restrictive than the provisions of this part and the rules adopted
pursuant thereto; nor shall the provisions of this part limit the power of any county or
municipality to make ordinances, rules, or regulations pertaining to ether which may be
more restrictive than the provisions of this part and the rules adopted pursuant thereto.
CHAPTER 506
STAMPED OR MARKED CONTAINERS AND BASKETS
506.502. Definitions.
For the purposes of ss. 506.501506.519, the term:
“Egg basket” means any permanent type of container which contains four dozen or
more shell eggs and is used by a distributor, retailer, or its agent as a means to transport,
store, or carry eggs.
“Laundry cart” means a basket which is mounted on wheels and used in a coin
operated laundry or drycleaning establishment by a customer or an attendant for the
purpose of transporting laundry and laundry supplies.
“Name or mark” means any permanently affixed or permanently stamped name or
mark which has been registered with the Department of State pursuant to s. 506.503 and
is used for the purpose of identifying the registered owner of dairy cases, egg baskets,
poultry boxes, or bakery containers.
“Parking area” means a lot or other property provided by a retail establishment for
the use of customers to park automobiles or other vehicles while doing business in that
establishment.
“Poultry box” means any permanent type of container which is used by a processor,
distributor, retailer, food service establishment, or its agent as a means to transport, store,
or carry poultry.
“Registered owner” means any person, firm, corporation, or association registered
with the department as the owner of an identifying name or mark described in subsection
(6).
“Shopping cart” means a basket mounted on wheels or a similar device which is
generally used in a retail establishment by a customer for the purpose of transporting
goods of any kind.
506.508. Illegal use of dairy cases, egg baskets, poultry boxes, or
bakery containers.
No person, firm, corporation, or association shall use for any purpose any container
which is identified with or by any name or mark registered with the department as
provided in s. 506.503 unless such person is the registered owner of the name or mark.
No person, firm, corporation, or association shall deface, obliterate, destroy, cover up, or
otherwise remove or conceal any such name or mark without the written consent of the
registered owner.
506.509. Possession of shopping carts, laundry carts, dairy cases, egg baskets,
poultry boxes, or bakery containers.
Any person who is in possession of any shopping cart, laundry
cart, dairy case, egg basket, poultry box, or bakery container with a registered name or
mark shall be presumed to be in possession of stolen property and is guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082.
506.513. Illegal use of shopping carts and laundry carts.
It is a violation of ss. 506.501506.519:
To remove any shopping cart or laundry cart from the premises or parking area of a
retail establishment with intent to deprive temporarily or permanently the owner of such
cart, or the retailer, of possession of the cart.
To remove a shopping cart or laundry cart, without written authorization, from its
owner or from the premises or parking area of any retail establishment.
To remove, obliterate, or alter any serial number or sign affixed to a shopping cart or
laundry cart.
506.514. Unlawful removal of dairy cases.
It is a violation of ss. 506.501506.519 for any person not in lawful possession of a
dairy case to remove a dairy case from the premises, the parking area, or any other area
of any retail establishment, or from any dairy delivery vehicle, if:
The dairy case is marked on at least two sides with a registered name or mark; and
A notice to the public, warning that use by any person other than the registered owner
is punishable by law, is visibly displayed on the dairy case.
506.515. Unlawful removal of egg baskets, poultry boxes, or bakery containers.
It is a violation of ss. 506.501506.519 for any person not in lawful possession of an
egg basket, poultry box, or bakery container to remove such egg basket, poultry box, or
bakery container from the premises, the parking area, or any other area of any processor,
bakery, distributor, retailer, or food service establishment.
506.518. Penalty.
Any person who violates any of the provisions of ss. 506.501506.519 is guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
506.519. Scope of ss. 506.501506.519.
Sections 506.501506.519 do not apply to the owner of a shopping cart, laundry cart,
dairy case, egg basket, poultry box, or bakery container; to a retailer; to the agents or
employees of such owner or retailer; or to a customer who has written consent from the
owner of a shopping cart, laundry cart, dairy case, egg basket, poultry box, or bakery
container, or from a retailer, to possess such cart, case, basket, box, or container or
remove it from the premises or the parking area of the retail establishment.
The provisions of ss. 506.501506.519 are intended to be supplemental to the other
provisions of this chapter and any other provisions of law governing the subject matter of
ss. 506.501506.519.
CHAPTER 509
LODGING AND FOOD SERVICE ESTABLISHMENTS;
MEMBERSHIP CAMPGROUNDS
509.092. Public lodging establishments and public food service
establishments; rights as private enterprises.
Public lodging establishments and public food service establishments are private
enterprises, and the operator has the right to refuse accommodations or service to any
person who is objectionable or undesirable to the operator, but such refusal may not be
based upon race, creed, color, sex, pregnancy, physical disability, or national origin. A
person aggrieved by a violation of this section or a violation of a rule adopted under this
section has a right of action pursuant to s. 760.11.
509.101. Establishment rules; posting of notice; food service inspection report;
maintenance of guest register; mobile food dispensing vehicle registry.
Any operator of a public lodging establishment or a public food service establishment
may establish reasonable rules and regulations for the management of the establishment
and its guests and employees; and each guest or employee staying, sojourning, eating, or
employed in the establishment shall conform to and abide by such rules and regulations
so long as the guest or employee remains in or at the establishment. Such rules and
regulations shall be deemed to be a special contract between the operator and each guest
or employee using the services or facilities of the operator. Such rules and regulations
shall control the liabilities, responsibilities, and obligations of all parties. Any
rules or regulations established pursuant to this section shall be printed in the English
language and posted in a prominent place within such public lodging establishment or
public food service establishment. In addition, any operator of a public food service
establishment shall maintain a copy of the latest food service inspection report and shall
make it available to the division at the time of any division inspection of the
establishment and to the public, upon request.
It is the duty of each operator of a transient establishment to maintain at all times a
register, signed by or for guests who occupy rental units within the establishment,
showing the dates upon which the rental units were occupied by such guests and the rates
charged for their occupancy. This register shall be maintained in chronological order and
available for inspection by the division at any time. Operators need not make available
registers which are more than 2 years old.
It is the duty of each operator of a public food service establishment that provides
commissary services to maintain a daily registry verifying that each mobile food
dispensing vehicle that receives such services is properly licensed by the division. In
order that such licensure may be readily verified, each mobile food dispensing vehicle
operator shall permanently affix in a prominent place on the side of the vehicle, in figures
at least 2 inches high and in contrasting colors from the background, the operator’s public
food service establishment license number. Prior to providing commissary services, each
public food service establishment must verify that the license number displayed on the
vehicle matches the number on the vehicle operator’s public food service establishment
license.
509.141. Refusal of admission and ejection of undesirable guests; notice;
procedure; penalties for refusal to leave.
The operator of any public lodging establishment or public food service
establishment may remove or cause to be removed from such establishment, in the
manner hereinafter provided, any guest of the establishment who, while on the premises
of the establishment, illegally possesses or deals in controlled substances as defined in
chapter 893 or is intoxicated, profane, lewd, or brawling; who indulges in any language
or conduct which disturbs the peace and comfort of other guests or which injures the
reputation, dignity, or standing of the establishment; who, in the case of a public lodging
establishment, fails to make payment of rent at the agreedupon rental rate by the agreed
upon checkout time; who, in the case of a public lodging establishment, fails to check out
by the time agreed upon in writing by the guest and public lodging establishment at
checkin unless an extension of time is agreed to by the public lodging establishment and
guest prior to checkout; who, in the case of a public food service establishment, fails to
make payment for food, beverages, or services; or who, in the opinion of the operator, is
a person the continued entertainment of whom would be detrimental to such
establishment. The admission to, or the removal from, such establishment shall not be
based upon race, creed, color, sex, physical disability, or national origin.
“You are hereby notified that this establishment no longer desires to entertain you as
its guest, and you are requested to leave at once. To remain after receipt of this notice is a
misdemeanor under the laws of this state.”
If such guest has paid in advance, the establishment shall, at the time such notice is
given, tender to such guest the unused portion of the advance payment; however, the
establishment may withhold payment for each full day that the guest has been entertained
at the establishment for any portion of the 24hour period of such day.
Any guest who remains or attempts to remain in any such establishment after being
requested to leave is guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
If any person is illegally on the premises of any public lodging establishment or
public food service establishment, the operator of such establishment may call upon any
law enforcement officer of this state for assistance. It is the duty of such law enforcement
officer, upon the request of such operator, to place under arrest and take into custody for
violation of this section any guest who violates subsection (3) in the presence of the
officer. If a warrant has been issued by the proper judicial officer for the arrest of any
violator of subsection (3), the officer shall serve the warrant, arrest the person, and take
the person into custody. Upon arrest, with or without warrant, the guest will be deemed to
have given up any right to occupancy or to have abandoned such right of occupancy of
the premises, and the
operator of the establishment may then make such premises available to other guests.
However, the operator of the establishment shall employ all reasonable and proper means
to care for any personal property which may be left on the premises by such guest and
shall refund any unused portion of moneys paid by such guest for the occupancy of such
premises.
509.142. Conduct on premises; refusal of service.
The operator of a public lodging establishment or public food service establishment
may refuse accommodations or service to any person whose conduct on the premises of
the establishment displays intoxication, profanity, lewdness, or brawling; who indulges in
language or conduct such as to disturb the peace or comfort of other guests; who engages
in illegal or disorderly conduct; who illegally possesses or deals in controlled substances
as defined in chapter 893; or whose conduct constitutes a nuisance. Such refusal may not
be based upon race, creed, color, sex, physical disability, or national origin.
509.143. Disorderly conduct on the premises of an establishment;
detention; arrest; immunity from liability.
An operator may take a person into custody and detain that person in a reasonable
manner and for a reasonable time if the operator has probable cause to believe that the
person was engaging in disorderly conduct in violation of s. 877.03 on the premises of
the licensed establishment and that such conduct was creating a threat to the life or safety
of the person or others. The operator shall call a law enforcement officer to the scene
immediately after detaining a person under this subsection.
A law enforcement officer may arrest, either on or off the premises of the licensed
establishment and without a warrant, any person the officer has probable cause to believe
violated s. 877.03 on the premises of a licensed establishment and, in the course of such
violation, created a threat to the life or safety of the person or others.
An operator or a law enforcement officer who detains a person under subsection (1)
or makes an arrest under subsection
is not civilly or criminally liable for false arrest, false imprisonment, or unlawful
detention on the basis of any action taken in compliance with subsection (1) or subsection
(2).
A person who resists the reasonable efforts of an operator or a law enforcement
officer to detain or arrest that person in accordance with this section is guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083,
unless the person did not know or did not have reason to know that the person seeking to
make such detention or arrest was the operator of the establishment or a law enforcement
officer.
509.144. Prohibited handbill distribution in a public lodging establishment;
penalties.
(1) As used in this section, the term:
“Handbill” means a flier, leaflet, pamphlet, or other written material that advertises,
promotes, or informs persons about a person, business, company, or food service
establishment but does not include employee communications permissible under the
National Labor Relations Act, other communications protected by the First Amendment
to the United States Constitution, or
communications about public health, safety, or welfare distributed by a federal, state, or
local governmental entity or a public or private utility.
“Without permission” means without the expressed written permission of the owner,
manager, or agent of the owner or manager of the public lodging establishment where a
sign is posted prohibiting advertising or solicitation in the manner provided in subsection
(5).
“At or in a public lodging establishment” means any property under the sole
ownership or control of a public lodging establishment.
Any person, agent, contractor, or volunteer who is acting on behalf of a person,
business, company, or food service establishment and who, without permission, delivers,
distributes, or places, or attempts to deliver, distribute, or place, a handbill at or in a
public lodging establishment commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
Any person who, without permission, directs another person to deliver, distribute, or
place, or attempts to deliver, distribute, or place, a handbill at or in a public lodging
establishment commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083. Any person sentenced under this subsection shall be ordered to
pay a minimum fine of $500 in addition to any other penalty imposed by the court.
In addition to any penalty imposed by the court, a person who violates subsection (2)
or subsection (3):
Shall pay a minimum fine of $2,000 for a second violation.
Shall pay a minimum fine of $3,000 for a third or subsequent violation.
For purposes of this section, a public lodging establishment that intends to prohibit
advertising or solicitation, as described in this section, at or in such establishment must
comply with the following requirements when posting a sign prohibiting such solicitation
or advertising:
There must appear prominently on any sign referred to in this subsection, in letters of
not less than 2 inches in height, the terms “no advertising” or “no solicitation” or terms
that indicate the same meaning.
The sign must be posted conspicuously.
If the main office of the public lodging establishment is immediately accessible by
entering the office through a door from a street, parking lot, grounds, or other area
outside such establishment, the sign must be placed on a part of the main office, such as a
door or window, and the sign must face the street, parking lot, grounds, or other area
outside such establishment.
If the main office of the public lodging establishment is not immediately accessible
by entering the office through a door from a street, parking lot, grounds, or other area
outside such establishment, the sign must be placed in the immediate vicinity of the main
entrance to such establishment, and the sign must face the street, parking lot, grounds, or
other area outside such establishment.
Any personal property, including, but not limited to, any vehicle, item, object, tool,
device, weapon, machine, money, security, book, or record, that is used or attempted to
be used as an instrumentality in the commission of, or in aiding and abetting in the
commission of, a person’s third or subsequent violation of this section, whether or not
comprising an element of the offense, is subject to seizure and forfeiture under the
Florida Contraband Forfeiture Act.
509.151. Obtaining food or lodging with intent to defraud; penalty.
Any person who obtains food, lodging, or other accommodations having a value of
less than $300 at any public food service establishment, or at any transient establishment,
with intent to defraud the operator thereof, is guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083; if such food, lodging, or other
accommodations have a value of $300 or more, such person is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
This section does not apply where there has been an agreement in writing for delay in
payments. This section shall not be used to circumvent the procedural requirements of the
Florida Residential Landlord and Tenant Act.
509.161. Rules of evidence in prosecutions.
In prosecutions under s. 509.151, proof that lodging, food, or other accommodations
were obtained by false pretense; by false or fictitious show of baggage or other property;
by absconding
without paying or offering to pay for such food, lodging, or accommodations; or by
surreptitiously removing or attempting to remove baggage shall constitute prima facie
evidence of fraudulent intent. If the operator of the establishment has probable cause to
believe, and does believe, that any person has obtained food, lodging, or other
accommodations at such establishment with intent to defraud the operator thereof, the
failure to make payment upon demand therefor, there being no dispute as to the amount
owed, shall constitute prima facie evidence of fraudulent intent in such prosecutions.
509.162. Theft of personal property; detaining and arrest of violator; theft by
employee.
Any law enforcement officer or operator of a public lodging establishment or public
food service establishment who has probable cause to believe that theft of personal
property belonging to such establishment has been committed by a person and that the
officer or operator can recover such property or the reasonable value thereof by taking the
person into custody may, for the purpose of attempting to effect such recovery or for
prosecution, take such person into custody on the premises and detain such person in a
reasonable manner and for a reasonable period of time. If the operator takes the person
into custody, a law enforcement officer shall be called to the scene immediately. The
taking into custody and detention by a law enforcement officer or operator of a public
lodging establishment or public food service establishment, if done in compliance with
this subsection, does not render such law enforcement officer or operator criminally or
civilly liable for false arrest, false imprisonment, or unlawful detention.
Any law enforcement officer may arrest, either on or off the premises and without
warrant, any person if there is probable cause to believe that person has committed theft
in a public lodging establishment or in a public food service establishment.
Any person who resists the reasonable effort of a law enforcement officer or operator
of a public lodging establishment or public food service establishment to recover property
which the law enforcement officer or operator had probable cause to believe had been
stolen from the public lodging establishment or public food service establishment, and
who is subsequently found to be guilty of theft of the subject property, is guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083,
unless such person did not know, or did not have reason to know, that the person seeking
to recover the property was a law enforcement officer or the operator. For purposes of
this section, the charge of theft and the charge of resisting apprehension may be tried
concurrently.
Theft of any property belonging to a guest of an establishment licensed under this
chapter, or of property belonging to such establishment, by an employee of the
establishment or by an employee of a person, firm, or entity which has contracted to
provide services to the establishment constitutes a felony of the third degree, punishable
as provided in s. 775.082 or s. 775.083.
CHAPTER 538
SECONDHAND DEALERS AND SECONDARY METALS
RECYCLERS
538.03. Definitions; applicability.
(1) As used in this part, the term:
“Acquire” means to obtain by purchase, consignment, or
trade.
“Appropriate law enforcement official” means the sheriff of the county in which a
secondhand dealer is located or, if the secondhand dealer is located within a municipality,
both the police chief of the municipality and the sheriff; however, the sheriff or police
chief may designate as the appropriate law enforcement official for that county or
municipality, as applicable, any law enforcement officer working within that respective
county or municipality. This paragraph does not limit the authority or duties of the
sheriff.
“Automated kiosk” means an interactive device that is permanently installed within a
secure retail space and that has the following technological functions:
Remotely monitored by a live representative during all business operating hours;
Verification of a seller’s identity by governmentissued photographic identification
card;
Automated reading and recording of item serial numbers;
Ability to compare item serial numbers against databases of
stolen items;
Secure storage of goods accepted by the kiosk; and
Capture and storage of images during the transaction.
“Consignment shop” means a shop engaging in the business of accepting for sale, on
consignment, secondhand goods which, having once been used or transferred from the
manufacturer to the dealer, are then received into the possession of a third party.
“Department” means the Department of Revenue.
“Precious metals” means any item containing any gold, silver, or platinum, or any
combination thereof, excluding any chemical or any automotive, photographic, electrical,
medical, or dental materials or electronic parts.
“Precious metals dealer” means a secondhand dealer who normally or regularly
engages in the business of buying used precious metals for resale. The term does not
include those persons involved in the bulk sale of precious metals from one secondhand
or precious metals dealer to another.
“Secondhand dealer” means any person, corporation, or other business organization
or entity which is not a secondary metals recycler subject to part II and which is engaged
in the business of purchasing, consigning, or trading secondhand goods. The term
includes any secondhand dealer engaged in the business of purchasing secondhand goods
by means of an automated kiosk.
“Secondhand goods” means personal property previously owned or used which is not
regulated metals property regulated under part II and which is purchased, consigned, or
traded as used
property. The term includes gift certificates and credit memos as defined in s. 501.95
which are purchased, consigned, or traded by a secondhand dealer. The term does not
include office furniture, pianos, books, clothing, organs, coins, motor vehicles, costume
jewelry, cardio and strength training or conditioning equipment designed primarily for
indoor use, and secondhand sports equipment that is not permanently labeled with a serial
number. As used in this paragraph, the term “secondhand sports equipment” does not
include golf clubs.
“Secondhand store” means the place or premises at which a secondhand dealer is
registered to conduct business as a secondhand dealer or conducts business.
“Transaction” means any purchase, consignment, or trade of secondhand goods by a
secondhand dealer.
(2) This chapter does not apply to:
Any secondhand goods transaction involving an organization or entity registered with
the state as a nonprofit, religious, or charitable organization or any schoolsponsored
association or organization other than a secondary metals recycler subject to the
provisions of part II.
A law enforcement officer acting in an official capacity.
A trustee in bankruptcy, executor, administrator, or receiver who has presented proof
of such status to the secondhand dealer.
Any public official acting under judicial process or authority who has presented proof
of such status to the secondhand dealer.
A sale on the execution, or by virtue of any process issued by a court, if proof thereof
has been presented to the secondhand dealer.
Any garage sale operator who holds garage sales less than 10 weekends per year.
Any person at antique, coin, or collectible shows or sales.
Any person who sells household personal property as an agent for the property owner
or the property owner’s representative pursuant to a written agreement at that person’s
residence.
The purchase, consignment, or trade of secondhand goods from one secondhand
dealer to another secondhand dealer when the selling secondhand dealer has complied
with the requirements of this chapter.
Any person accepting a secondhand good as a tradein for a similar item of greater
value.
Any auction business as defined in s. 468.382 operating as an auction business in the
buying and selling of estates, business inventory, surplus merchandise, or business
liquidations.
Any business that is registered with the Department of Revenue for sales tax
purposes as an antique dealer pursuant to chapter 212 and that purchases secondhand
goods from the property owner or her or his representative at the property owner’s
residence pursuant to a written agreement that states the name, address, and telephone
number of the property owner and the type of property purchased.
A business that contracts with other persons or entities to offer its secondhand goods
for sale, purchase, consignment, or trade via an Internet website, and that maintains a
shop, store, or other business premises for this purpose, if all of the following apply:
The secondhand goods must be available on the website for viewing by the public at
no charge;
The records of the sale, purchase, consignment, or trade must be maintained for at
least 2 years;
The records of the sale, purchase, consignment, or trade, and the description of the
secondhand goods as listed on the website, must contain the serial number of each item,
if any;
The secondhand goods listed on the website must be searchable based upon the state
or zip code;
The business must provide the appropriate law enforcement official with the name or
names under which it conducts business on the website;
The business must allow the appropriate law enforcement official to inspect its
business premises at any time during normal business hours;
Any payment by the business resulting from such a sale, purchase, consignment, or
trade must be made to the person or entity with whom the business contracted to offer the
goods and must be made by check or via a money services business licensed under part II
of chapter 560; and
a. At least 48 hours after the estimated time of contracting to
offer the secondhand goods, the business must verify that any item having a serial
number is not stolen property by entering the serial number of the item into the
Department of Law Enforcement’s stolen article database located at the Florida Crime
Information Center’s public access system website. The business shall record the date
and time of such verification on the contract covering the goods. If such verification
reveals that an item is stolen property, the business shall immediately remove the item
from any website on which it is being offered and notify the appropriate law enforcement
official; or
b. The business must provide the appropriate law enforcement official with an
electronic copy of the name, address, phone number, driver license number, and issuing
state of the person with whom the business contracted to offer the goods, as well as an
accurate description of the goods, including make, model, serial number, and any other
unique identifying marks, numbers, names, or letters that may be on an item, in a format
agreed upon by the business and the appropriate law enforcement official. This
information must be provided to the appropriate law enforcement official within 24 hours
after entering into the contract unless other arrangements are made between the business
and the law enforcement official.
Any person offering his or her own personal property for sale, purchase,
consignment, or trade via an Internet website, or a person or entity offering the personal
property of others for sale, purchase, consignment, or trade via an Internet website, when
that person or entity does not have, and is not required to have, a local occupational or
business license for this purpose.
A business whose primary business is the sale, rental, or
trade of motion picture videos or video games, if the business:
Requires the sellers of secondhand goods to have a current account with the business;
Has on file in a readily accessible format the name, current residential address, home
and work telephone numbers, governmentissued identification number, place of
employment, date of birth, gender, and right thumbprint of each seller of secondhand
goods;
Purchases secondhand goods from the property owner or his or her representative at
the place of business pursuant to an agreement in writing and signed by the property
owner which describes the property purchased, states the date and time of the purchase,
and states that the seller is the lawful owner of the property;
Retains such purchase agreements for not less than 1 year;
and
Pays for the purchased property in the form of a store credit that is issued to the seller
and is redeemable solely by the seller or another authorized user of the seller’s account
with that business.
(p) A motor vehicle dealer as defined in s. 320.27.
This part does not apply to secondary metals recyclers regulated under part II, except
for s. 538.11, which applies to both secondhand dealers and secondary metals recyclers.
538.04. Recordkeeping requirements; penalties.
A secondhand dealer shall complete a secondhand dealers
transaction form at the time of the actual transaction. A secondhand dealer shall maintain
a copy of a completed transaction form on the registered premises for at least 1 year after
the date of the transaction. However, the secondhand dealer shall maintain a copy of the
transaction form for not less than 3 years. Unless other arrangements are agreed upon by
the secondhand dealer and the appropriate law enforcement official, the secondhand
dealer shall, within 24 hours after acquiring any secondhand goods, deliver to such
official a record of the transaction on a form approved by the Department of Law
Enforcement. Such record shall contain:
The time, date, and place of the transaction.
A complete and accurate description of the goods acquired, including the following
information, if applicable:
Brand name.
Model number.
Manufacturer’s serial number.
Size.
Color, as apparent to the untrained eye.
Precious metal type, weight, and content if known.
Gemstone description, including the number of stones, if applicable.
In the case of firearms, the type of action, caliber or gauge, number of barrels, barrel
length, and finish.
Any other unique identifying marks, numbers, or letters.
Digital photographs of the goods, clearly showing the items required to be included on
the record as provided in paragraph (b).
A description of the person from whom the goods were acquired, including:
Full name, current residential address, workplace, and home and work phone numbers.
Height, weight, date of birth, race, gender, hair color, eye color, and any other identifying
marks.
The right thumbprint, free of smudges and smears, of the person from whom the goods
were acquired.
Any other information required by the form approved by the Department of Law
Enforcement.
The secondhand dealer shall require verification of the identification by the exhibition of
a governmentissued photographic identification card such as a driver license or military
identification card. The record shall contain the type of identification exhibited, the issuing
agency, and the number thereon.
The seller shall sign a statement verifying that the seller is the rightful owner of the
goods or is entitled to sell, consign, or trade the goods.
Any person who knowingly gives false verification of ownership or who gives a false or
altered identification, and who receives money from a secondhand dealer for goods sold,
consigned, or traded commits:
If the value of the money received is less than $300, a
felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
If the value of the money received is $300 or more, a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Secondhand dealers are exempt from the provisions of this section for all
transactions involving secondhand sports equipment except secondhand sports equipment
that is permanently labeled with a serial number.
If the appropriate law enforcement official supplies a secondhand dealer with
appropriate software and the secondhand dealer has computer capability, the secondhand
dealer must electronically transmit secondhand dealer transactions required by this
section to such official. If a secondhand dealer does not have computer capability, the
appropriate law enforcement official may provide the secondhand dealer with a computer
and all equipment necessary to electronically transmit secondhand dealer transactions.
The appropriate law enforcement official shall retain ownership of the computer, unless
otherwise agreed upon, and the secondhand dealer shall maintain the computer in good
working order, except for ordinary wear. A secondhand dealer who transmits secondhand
dealer transactions electronically is not required to also deliver the original or paper
copies of the secondhand transaction forms to the appropriate law enforcement official.
However, such official may, for purposes of a criminal investigation, request the
secondhand dealer to deliver the original transaction form that was electronically
transmitted. The secondhand dealer shall deliver the form to the appropriate law
enforcement official within 24 hours after receipt of the request.
If the original transaction form is lost or destroyed by the appropriate law
enforcement official, a copy may be used by the secondhand dealer as evidence in court.
When an electronic image of a customer’s identification is accepted for a transaction, the
secondhand dealer must maintain the electronic image in order to meet the recordkeeping
requirements applicable to the original transaction form. If a criminal investigation
occurs, the secondhand dealer shall, upon request, provide a clear and legible copy of the
image to the appropriate law enforcement official.
When secondhand goods are purchased by means of an automated kiosk, the serial
number reported pursuant to this section may be the International Mobile Station
Equipment Identity (IMEI), the mobile equipment identifier (MEID), or another unique
identifying number assigned to the device by the manufacturer. If the IMEI, MEID, or
other unique identifying number is not available at the time of receipt or purchase, the
report filed pursuant to this section must be updated with the IMEI, MEID, or other
unique identifying number as soon as possible, but no later than 10 business days after
the date of acquisition. If such identifying numbers are not available at the time of the
transaction, the business shall assign another unique identifier to the item which directly
associates the item to the transaction that it was purchased in. Upon entering or updating
any information on the transaction form, a law enforcement official, as designated by the
sheriff or the chief of police of the jurisdiction in which the item was purchased, must be
timely notified in writing or by electronic means, as required by the sheriff or chief of
police of the jurisdiction. If, upon receiving the device and correcting the missing
information, the company finds
that the item was misappropriated or stolen, the appropriate law enforcement official
must be notified. The holding requirements of ss. 538.06 and 538.09(3) do not begin until
all required reports are complete and submitted to the appropriate law enforcement
official.
538.05. Inspection of records and premises of secondhand dealers.
The entire registered premises and required records of each secondhand dealer are
subject to inspection during regular business hours by any law enforcement officer
having jurisdiction.
The inspection authorized by subsection (1) shall consist of an examination on the
registered premises of the inventory and required records to determine whether the
records and inventory are being maintained on the registered premises as required by s.
538.04 and whether the holding period required by s. 538.06 is being complied with.
538.06. Holding period.
(a) A secondhand dealer may not sell, barter, exchange, alter, adulterate, use, or in
any way dispose of any secondhand good:
That is a precious metal, a gemstone, or jewelry; an antique furnishing, fixture, or
decorative object; or an item of art as defined in s. 686.501 within 30 calendar days after
the date on which the good is acquired.
That is not described in subparagraph 1. within 15 calendar
days after the date on which the good is acquired.
Within 30 calendar days after the date on which the good is acquired if the
secondhand dealer uses an automated kiosk.
Such holding periods are not applicable when the person known by the secondhand
dealer to be the person from whom the goods were acquired desires to redeem,
repurchase, or recover the goods, provided the dealer can produce the record of the
original transaction with verification that the customer is the person from whom the
goods were originally acquired.
For purposes of this subsection, the term “antique” means the item is at least 30 years
old and has special value because of its age.
A secondhand dealer must maintain actual physical possession of all secondhand
goods throughout a transaction. It is unlawful for a secondhand dealer to accept title or
any other form of security in secondhand goods in lieu of actual physical possession. A
secondhand dealer who accepts title or any other form of security in secondhand goods in
lieu of actual physical possession commits a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
Upon probable cause that goods held by a secondhand dealer are stolen, a law
enforcement officer with jurisdiction may place a 90day written hold order on the goods.
However, the hold may be extended beyond 90 days by a court of competent jurisdiction
upon a finding of probable cause that the property is stolen and further holding is
necessary for the purposes of trial or to safeguard such property. The dealer shall assume
all responsibility, civil or criminal, relative to the property or
evidence in question, including responsibility for the actions of any employee with
respect thereto.
While a hold order is in effect, the secondhand dealer must, upon request, release the
property subject to the hold order to the custody of a law enforcement officer with
jurisdiction for use in a criminal investigation. The release of the property to the custody
of the law enforcement officer is not considered a waiver or release of the secondhand
dealer’s rights or interest in the property. Upon completion of the criminal proceeding,
the property must be returned to the secondhand dealer unless the court orders other
disposition. When such other disposition is ordered, the court shall additionally order the
person from whom the secondhand dealer acquired the property to pay restitution to the
secondhand dealer in the amount that the secondhand dealer paid for the property
together with reasonable attorney’s fees and costs.
All dealers in secondhand property regulated by this chapter shall maintain
transaction records for 3 years.
538.07. Penalty for violation of chapter.
Except where otherwise provided herein, a person who knowingly violates any
provision of this chapter commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 and by a fine not to exceed $10,000.
When the lawful owner recovers stolen property from a secondhand dealer and the
person who sold or pledged the stolen property to the secondhand dealer is convicted of
theft, a violation of this section, or dealing in stolen property, the court shall order
the defendant to make restitution to the secondhand dealer or the lawful owner, as
applicable, pursuant to s. 775.089.
538.08. Stolen goods; complaint for return.
If the secondhand dealer contests the identification, ownership, or right of possession
of the property, the person alleging ownership or right of possession of the property may,
provided that a timely report of the theft of the goods was made to the proper authorities,
bring an action for replevin in the county or circuit court. The complaint may be in
substantially the following form:
Plaintiff A. B. sues defendant C. D., and alleges:
This is an action to recover possession of personal property in __________ County,
Florida.
The description of the property is: __________ (list property). To the best of
plaintiff’s knowledge, information, and belief, the value of the property is $__________.
Plaintiff is the lawful owner of the property or is entitled to the possession of the
property under a security agreement dated
__________, (year), a copy of which is attached.
To plaintiff’s best knowledge, information, and belief, the property is located at
__________.
The property is wrongfully detained by defendant. Defendant came into possession of
the property by __________ (describe method of possession). To plaintiff’s best
knowledge, information, and belief, defendant detains the property because
__________ (give reasons).
The property has not been taken under an execution or attachment against plaintiff’s
property.
The filing fees shall be waived by the clerk of the court, and the service fees shall be
waived by the sheriff. The court shall award the prevailing party attorney fees and costs. In
addition, when the filing party prevails in the replevin action, the court shall order payment of
filing fees to the clerk and service fees to the sheriff.
Upon the filing of the complaint, the court shall set a hearing to be held at the earliest
possible time. The plaintiff is entitled to the summary procedure provided in s. 51.011. Upon
receipt of the complaint, the secondhand dealer shall hold the property at issue until the court
determines the respective interests of the parties.
In addition to the civil complaint for return remedy, the state may file a motion as part of
a pending criminal case related to the property. The criminal court has jurisdiction to
determine ownership, to order return or other disposition of the property, and to order
appropriate restitution to any person. Such order shall be entered upon hearing after proper
notice has been given to the secondhand dealer, the victim, and the defendant in the criminal
case.
A secondhand dealer commits a noncriminal violation, punishable as provided in s.
775.083 by a fine of up to $2,500, if all of the following occur:
An owner or a lienor makes a written demand for return of the property and provides
proof of ownership or proof of the right of possession to the secondhand dealer at least 5
calendar days
before filing a replevin action.
The secondhand dealer knows or should have known based on the proof provided
under paragraph (a) that the property belongs to the owner or lienor.
The secondhand dealer fails to return the property and does not file an action in
interpleader to determine conflicting claims to the property.
The owner or lienor prevails in the replevin action against the secondhand dealer.
538.09. Registration.
A secondhand dealer shall not engage in the business of purchasing, consigning, or
trading secondhand goods from any location without registering with the Department of
Revenue. A fee equal to the federal and state costs for processing required fingerprints
must be submitted to the department with each application for registration. One
application is required for each dealer. If a secondhand dealer is the owner of more than
one secondhand store location, the application must list each location, and the department
shall issue a duplicate registration for each location. For purposes of subsections (4) and
(5) of this section, these duplicate registrations shall be deemed individual registrations.
A dealer shall pay a fee of $6 per location at the time of registration and an annual
renewal fee of $6 per location on October 1 of each year. All fees collected, less costs of
administration, shall be transferred into the Operating Trust Fund. The Department of
Revenue shall forward the full set of fingerprints to the Department of Law Enforcement
for state and
federal processing, provided the federal service is available, to be processed for any
criminal justice information as defined in s. 943.045. The cost of processing such
fingerprints shall be payable to the Department of Law Enforcement by the Department
of Revenue. The department may issue a temporary registration to each location pending
completion of the background check by state and federal law enforcement agencies, but
shall revoke such temporary registration if the completed background check reveals a
prohibited criminal background. An applicant for a secondhand dealer registration must
be a natural person who has reached the age of 18 years.
If the applicant is a partnership, all the partners must apply.
Has made a material false statement in the application for registration;
Has been guilty of a fraudulent act in connection with any purchase or sale or has
been or is engaged in or is about to engage in any practice, purchase, or sale which is
fraudulent or in violation of the law;
Has made a misrepresentation or false statement to, or concealed any essential or
material fact from, any person in making any purchase or sale;
Is making purchases or sales through any business associate not registered in
compliance with the provisions of this chapter;
Has, within the preceding 10year period for new registrants who apply for
registration on or after October 1, 2006, been convicted of, or has entered a plea of guilty
or nolo contendere to, or had adjudication withheld for, a crime against the laws of this
state or any other state or of the United States which relates to registration as a
secondhand dealer or which involves theft, larceny, dealing in stolen property, receiving
stolen property, burglary, embezzlement, obtaining property by false pretenses,
possession of altered property, any felony drug offense, any violation of s. 812.015, or
any fraudulent dealing;
Has had a final judgment entered against her or him in a civil action upon grounds of
fraud, embezzlement, misrepresentation, or deceit; or
Has failed to pay any sales tax owed to the Department of Revenue.
In the event the department determines to deny an application or revoke a
registration, it shall enter a final order with its findings on the register of secondhand
dealers and their business associates, if any; and denial, suspension, or revocation of the
registration of a secondhand dealer shall also deny, suspend, or revoke the registration of
such secondhand dealer’s business associates.
Upon the request of a law enforcement official, the Department of Revenue shall
release to the official the name and address of any secondhand dealer registered to do
business within the official’s jurisdiction.
538.15. Certain acts and practices prohibited.
It is unlawful for a secondhand dealer or any employee thereof to do or allow any of
the following acts:
(1) Knowingly make a transaction with:
Any person who is under the influence of drugs or alcohol when such condition is
visible or apparent;
Any person under the age of 18 years; or
Any person using a name other than her or his own name or the registered name of
her or his business.
Have a secondhand store open or engage in or conduct business as a secondhand
dealer between the hours of 10 p.m. and 8 a.m. A secondhand dealer shall not conduct
any transaction at a drivethrough window or similar device.
Fail to pay any sales tax owed to the Department of
Revenue or fail to have a sales tax registration number.
538.17. Local regulation of secondhand dealers.
Nothing in this chapter shall preclude political subdivisions of the state and
municipalities from enacting laws more restrictive than the provisions of this chapter.
538.18. Definitions.
As used in this part, the term:
“Appropriate law enforcement official” means the sheriff of the county in which a
secondary metals recycler is located or, if the secondary metals recycler is located within
a municipality, the police chief of the municipality in which the secondary metals
recycler is located; however, the sheriff or police chief may designate as the appropriate
law enforcement official for the county or municipality, as applicable, any law
enforcement officer working within that respective county or municipality. This
subsection does not limit the authority or duties of the sheriff.
“Department” means the Department of Revenue.
“Ferrous metals” means any metals containing significant quantities of iron or steel.
“Fixed location” means any site occupied by a secondary metals recycler as owner of
the site or as lessee of the site under a lease or other rental agreement providing for
occupation of the site by the secondary metals recycler for a total duration of not less than
364 days.
“Money” means a medium of exchange authorized or
adopted by a domestic or foreign government as part of its currency.
“Nonferrous metals” means metals not containing significant quantities of iron or
steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel,
and alloys thereof, excluding precious metals subject to regulation under part I.
“Personal identification card” means a valid Florida driver license, a Florida
identification card issued by the Department of Highway Safety and Motor Vehicles, an
equivalent form of identification issued by another state, a passport, or an employment
authorization issued by the United States Bureau of Citizenship and Immigration Services
that contains an individual’s photograph and current address.
“Purchase transaction” means a transaction in which a secondary metals recycler
gives consideration for regulated metals property.
“Regulated metals property” means any item composed primarily of any nonferrous
metals. The term does not include aluminum beverage containers, used beverage
containers, or similar beverage containers; however, the term includes stainless steel beer
kegs and items made of ferrous metal obtained from any restricted regulated metals
property.
“Restricted regulated metals property” means any regulated metals property listed in
s. 538.26(5)(b) the sale of which is restricted as provided in s. 538.26(5)(a).
“Secondary metals recycler” means any person who:
Is engaged, from a fixed location, in the business of purchase transactions or gathering or
obtaining ferrous or nonferrous metals that have served their original economic purpose or is
in the business of performing the manufacturing process by which ferrous metals or
nonferrous metals are converted into raw material products consisting of prepared grades and
having an existing or potential economic value; or
Has facilities for performing the manufacturing process by which ferrous metals or
nonferrous metals are converted into raw material products consisting of prepared grades and
having an existing or potential economic value, other than by the exclusive use of hand tools,
by methods including, without limitation, processing, sorting, cutting, classifying, cleaning,
baling, wrapping, shredding, shearing, or changing the physical form or chemical content
thereof.
“Utility” means a public utility or electric utility as defined in s. 366.02 or a person, firm,
corporation, association, or political subdivision, whether private, municipal, county, or
cooperative, that is engaged in the sale, generation, provision, or delivery of gas, electricity,
heat, water, oil, sewer service, or telephone, telegraph, radio, telecommunications, or
communications service.
538.19. Records required; limitation of liability.
A secondary metals recycler shall maintain a legible paper record of all purchase
transactions to which such secondary metals recycler is a party. A secondary metals recycler
shall also maintain a legible electronic record, in the English language, of all such purchase
transactions. The appropriate law enforcement official may provide data specifications
regarding the electronic
record format, but such format must be approved by the Department of Law
Enforcement. An electronic record of a purchase transaction shall be electronically
transmitted to the appropriate law enforcement official no later than 10 a.m. of the
business day following the date of the purchase transaction. The record transmitted to the
appropriate law enforcement official must not contain the price paid for the items. A
secondary metals recycler who transmits such records electronically is not required to
also deliver the original or paper copies of the transaction forms to the appropriate law
enforcement official. However, such official may, for purposes of a criminal
investigation, request the secondary metals recycler to make available the original
transaction form that was electronically transmitted. This original transaction form must
include the price paid for the items. The secondary metals recycler shall make the form
available to the appropriate law enforcement official within 24 hours after receipt of the
request.
The following information must be maintained on the form approved by the
Department of Law Enforcement for each purchase transaction:
The name and address of the secondary metals recycler.
The name, initials, or other identification of the individual entering the information
on the ticket.
The date and time of the transaction.
The weight, quantity, or volume, and a description of the type of regulated metals
property purchased in a purchase transaction.
The amount of consideration given in a purchase transaction for the regulated metals
property.
A signed statement from the person delivering the regulated metals property stating
that she or he is the rightful owner of, or is entitled to sell, the regulated metals property
being sold. If the purchase involves a stainless steel beer keg, the seller must provide
written documentation from the manufacturer that the seller is the owner of the stainless
steel beer keg or is an employee or agent of the manufacturer.
The distinctive number from the personal identification card of the person delivering
the regulated metals property to the secondary metals recycler.
A description of the person from whom the regulated metals property was acquired,
including:
Full name, current residential address, workplace, and home and work phone
numbers.
Height, weight, date of birth, race, gender, hair color, eye color, and any other
identifying marks.
The right thumbprint, free of smudges and smears.
Vehicle description to include the make, model, and tag number of the vehicle and
trailer of the person selling the regulated metals property.
Any other information required by the form approved by the Department of Law
Enforcement.
A photograph, videotape, or digital image of the regulated metals being sold.
A photograph, videotape, or similar likeness of the person receiving consideration in
which such person’s facial features are clearly visible.
A secondary metals recycler complies with the requirements of this section if it maintains
an electronic database containing the information required by subsection (2) as long as the
electronic information required by subsection (2), along with an electronic oath of ownership
with an electronic signature of the seller of the secondary metals being purchased by the
secondary metals recyclers and an electronic image of the seller’s right thumbprint that has no
smudges and smears, can be downloaded onto a paper form in the image of the form
approved by the Department of Law Enforcement as provided in subsection (2).
A secondary metals recycler shall maintain or cause to be maintained the information
required by this section for not less than 3 years from the date of the purchase transaction.
A secondary metals recycler registered with the department that purchases a motor
vehicle from a licensed salvage motor vehicle dealer as defined in s. 320.27 or another
secondary metals recycler registered with the department and uses a mechanical crusher to
convert the vehicle to scrap metal must obtain a signed statement from the seller stating that
the seller has surrendered the vehicle’s certificate of title to the Department of Highway
Safety and Motor Vehicles as provided in s. 319.30 or otherwise complied with the titling
requirements provided by law for conversion of the vehicle to scrap metal. A secondary
metals recycler is not liable for the seller’s failure to comply with the titling requirements
provided by law for conversion of a motor vehicle to scrap metal if the secondary metals
recycler obtains and
maintains the seller’s signed statement.
538.20. Inspection of regulated metals property and records.
During the usual and customary business hours of a secondary metals recycler, a law
enforcement officer shall, after properly identifying herself or himself as a law
enforcement officer, have the right to inspect:
Any and all purchased regulated metals property in the possession of the secondary
metals recycler, and
Any and all records required to be maintained under s. 538.19.
538.21. Hold notice.
Whenever a law enforcement officer has reasonable cause to believe that certain
items of regulated metals property in the possession of a secondary metals recycler have
been stolen, the law enforcement officer may issue a hold notice to the secondary metals
recycler.
The hold notice shall be in writing, shall be delivered to the secondary metals
recycler, shall specifically identify those items of regulated metals property that are
believed to have been stolen and that are subject to the notice, and shall inform the
secondary metals recycler of the information contained in this section.
Upon receipt of the notice issued in accordance with this section, the secondary
metals recycler receiving the notice may not process or remove the items of regulated
metals property
identified in the notice, or any portion thereof, from the place of business of the
secondary metals recycler for 15 calendar days after receipt of the notice by the
secondary metals recycler, unless sooner released by a law enforcement officer.
No later than the expiration of the foregoing 15day period, a law enforcement officer
may issue a second hold notice to the secondary metals recycler, which shall be an
extended hold notice.
The extended hold notice shall be in writing, shall be delivered to the secondary
metals recycler, shall specifically identify those items of regulated metals property that
are believed to have been stolen and that are subject to the extended hold notice, and shall
inform the secondary metals recycler of the information contained in this section.
Upon receipt of the extended hold notice issued in accordance with this section, the
secondary metals recycler receiving the extended hold notice may not process or remove
the items of regulated metals property identified in the notice, or any portion thereof,
from the place of business of the secondary metals recycler for 45 calendar days after
receipt of the extended hold notice by the secondary metals recycler, unless sooner
released by a law enforcement officer.
At the expiration of the hold period or, if extended in accordance with this section, at
the expiration of the extended hold period, the hold is automatically released and the
secondary metals recycler may dispose of the regulated metals property unless other
disposition has been ordered by a court of competent jurisdiction.
This section provides a uniform statewide process and preempts municipal or county
ordinances enacted after December 31, 2008, relating specifically to secondary metals
recyclers holding such metals.
538.22. Exemptions.
This part shall not apply to purchases of regulated metals property from:
Organizations, corporations, or associations registered with the state as charitable,
philanthropic, religious, fraternal, civic, patriotic, social, or schoolsponsored
organizations or associations, or from any nonprofit corporation or association;
A law enforcement officer acting in an official capacity;
A trustee in bankruptcy, executor, administrator, or receiver who has presented proof
of such status to the secondary metals recycler;
Any public official acting under judicial process or authority who has presented
proof of such status to the secondary metals recycler;
A sale on the execution, or by virtue of any process issued by a court, if proof thereof
has been presented to the secondary metals recycler; or
A manufacturing, industrial, or other commercial vendor that generates regulated
materials in the ordinary course of business.
538.23. Violations and penalties.
(a) Except as provided in paragraph (b), a secondary metals recycler who knowingly
and intentionally:
Violates s. 538.20 or s. 538.21;
Engages in a pattern of failing to keep records required by s. 538.19;
Violates s. 538.26(2); or
Violates s. 538.235,
commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
A secondary metals recycler who commits a third or subsequent violation of
paragraph (a) commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A secondary metals recycler is presumed to know upon receipt of stolen regulated
metals property in a purchase transaction that the regulated metals property has been
stolen from another if the secondary metals recycler knowingly and intentionally fails to
maintain the information required in s. 538.19 and shall, upon conviction of a violation of
s. 812.015, be punished as provided in s. 812.014(2) or (3).
Any person who knowingly gives false verification of ownership or who gives a false
or altered identification and who receives money or other consideration from a secondary
metals recycler in return for regulated metals property commits:
A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, if the value of the money or
other consideration received is less than $300.
A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, if the value of the money or other consideration received is $300 or more.
If a lawful owner recovers stolen regulated metals property from a secondary metals
recycler who has complied with this part, and the person who sold the regulated metals
property to the secondary metals recycler is convicted of theft, a violation of this section,
or dealing in stolen property, the court shall order the defendant to make full restitution,
including, without limitation, attorneys’ fees, court costs, and other expenses to the
secondary metals recycler pursuant to s. 775.089.
A person acting as a secondary metals recycler who is not registered with the
department under s. 538.25 commits a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
538.235. Method of payment.
A secondary metals recycler may not enter into any cash transaction:
In excess of $1,000 for the purchase of regulated metals property; or
In any amount for the purchase of restricted regulated metals property.
Payment in excess of $1,000 for the purchase of regulated metals property shall be
made by check issued to the seller of the metal and payable to the seller.
Payment for the purchase of restricted regulated metals property shall be made by
check issued to the seller of the metal and payable to the seller or by electronic payment
to the seller’s bank account or the seller’s employer’s bank account.
Each check shall be mailed by the secondary metals recycler directly to the street
address of the seller that is on file with the secondary metals recycler unless otherwise
provided in this part. A check may not be mailed to a post office box. Electronic
payments shall be transmitted to an account for which the seller is listed as an account
holder or an employee or agent of the seller.
Each check or electronic payment shall be mailed or transmitted by the secondary
metals recycler to the seller within 3 days after the purchase transaction unless otherwise
provided in this section.
The secondary metals recycler may provide a check at the time of the purchase
transaction, rather than mailing the check as required in paragraph (a), if the seller is:
An organization, corporation, or association registered with the state as a charitable,
philanthropic, religious, fraternal, civic, patriotic, social, or schoolsponsored
organization or association, or any nonprofit corporation or association;
A law enforcement officer acting in an official capacity;
A trustee in bankruptcy, executor, administrator, or receiver who has presented proof
of such status to the secondary metals recycler;
A public official acting under judicial process or authority who has presented proof
of such status to the secondary metals
recycler;
A sheriff acting under the authority of a court’s writ of execution, or by virtue of any
process issued by a court, if proof thereof has been presented to the secondary metals
recycler; or
A manufacturing, industrial, or other commercial vendor that generates regulated
materials in the ordinary course of business.
538.24. Stolen regulated metals property; petition for return.
If the secondary metals recycler contests the identification or ownership of the
regulated metals property, the party other than the secondary metals recycler claiming
ownership of any stolen goods in the possession of a secondary metals recycler may,
provided that a timely report of the theft of the regulated metals property was made to the
proper authorities, bring an action for replevin in the county or circuit court by petition in
substantially the following form:
Plaintiff A. B. sues defendant C. D., and alleges:
This is an action to recover possession of personal property in __________ County,
Florida.
The description of the property is: __________ (list property). To the best of
plaintiff’s knowledge, information, and belief, the value of the property is $__________.
Plaintiff is the lawful owner of the property and can identify the property as
belonging to the plaintiff in the following manner:
__________ (explain basis of identification).
Plaintiff is entitled to the possession of the property under a security agreement dated
__________, _____ (year), a copy of which is attached.
To the plaintiff’s best knowledge, information, and belief, the property is located at
__________.
The property is wrongfully detained by defendant. Defendant came into possession of
the property by __________ (describe method of possession). To plaintiff’s best
knowledge, information, and belief, defendant detains the property because
__________ (give reasons).
The property has not been taken under an execution or attachment against plaintiff’s
property.
The filing fees shall be waived by the clerk of the court and the service fee shall be
waived by the sheriff. The court may award the prevailing party reasonable attorney’s
fees and costs.
Upon the filing of the petition, the court shall set a hearing to be held at the earliest
possible time. Upon the receipt by a secondary metals recycler of a petition for return, the
secondary metals recycler shall hold, and shall not process or otherwise alter, the
regulated metals property at issue, or any portion thereof, until the court determines the
respective interests of the parties.
538.25. Registration.
A person may not engage in business as a secondary metals recycler at any location
without registering with the department. The department shall accept applications only
from a fixed business address. The department may not accept an application
that provides an address of a hotel room or motel room, a vehicle, or a post office box.
A fee equal to the federal and state costs for processing required fingerprints must be
submitted to the department with each application for registration. One application is
required for each secondary metals recycler. If a secondary metals recycler is the owner
of more than one secondary metals recycling location, the application must list each
location, and the department shall issue a duplicate registration for each location. For
purposes of subsections (3), (4), and (5), these duplicate registrations shall be deemed
individual registrations. A secondary metals recycler shall pay a fee of $6 per location at
the time of registration and an annual renewal fee of $6 per location on October 1 of each
year. All fees collected, less costs of administration, shall be transferred into the
Operating Trust Fund.
The department shall forward the full set of fingerprints to the Department of Law
Enforcement for state and federal processing, provided the federal service is available, to
be processed for any criminal justice information as defined in s. 943.045. The cost of
processing such fingerprints shall be payable to the Department of Law Enforcement by
the department. The department may issue a temporary registration to each location
pending completion of the background check by state and federal law enforcement
agencies but shall revoke such temporary registration if the completed background check
reveals a prohibited criminal background. The Department of Law Enforcement shall
report its findings to the Department of Revenue within 30 days after the date the
fingerprints are submitted for criminal justice information.
An applicant for a secondary metals recycler registration must be a natural person
who has reached the age of 18 years or a corporation organized or qualified to do
business in the state.
If the applicant is a natural person, the registration must include a complete set of her
or his fingerprints, certified by an authorized law enforcement officer, and a recent
fullface photographic identification card of herself or himself.
If the applicant is a partnership, all the partners must make application for
registration.
If the applicant is a corporation, the registration must include the name and address
of such corporation’s registered agent for service of process in the state and a certified
copy of statement from the Secretary of State that the corporation is duly organized in the
state or, if the corporation is organized in a state other than Florida, a certified copy of the
statement that the corporation is duly qualified to do business in this state.
A secondary metals recycler’s registration shall be conspicuously displayed at the
place of business set forth on the registration. A secondary metals recycler shall not
dispose of property at any location until any holding period has expired.
The Department of Revenue may impose a civil fine of up to $10,000 for each
knowing and intentional violation of this section, which fine shall be transferred into the
General Revenue Fund. If the fine is not paid within 60 days, the department may bring a
civil action under s. 120.69 to recover the fine.
In addition to the fine provided in subsection (3), registration under this section may
be denied or any registration
granted may be revoked, restricted, or suspended by the department if, after October 2,
1989, and within a 24month period immediately preceding such denial, revocation,
restriction, or suspension:
The applicant or registrant has been convicted of knowingly and intentionally:
Violating s. 538.20 or s. 538.21;
Engaging in a pattern of failing to keep records as required by s. 538.19;
Making a material false statement in the application for registration; or
Engaging in a fraudulent act in connection with any purchase or sale of regulated
metals property;
The applicant or registrant has been convicted of, or entered a plea of guilty or nolo
contendere to, a felony committed by the secondary metals recycler against the laws of
the state or of the United States involving theft, larceny, dealing in stolen property,
receiving stolen property, burglary, embezzlement, obtaining property by false pretenses,
possession of altered property, or any felony drug offense or of knowingly and
intentionally violating the laws of the state relating to registration as a secondary metals
recycler; or
The applicant has, after receipt of written notice from the department of failure to pay
sales tax, failed or refused to pay, within 30 days after the secondary metals recycler’s
receipt of such written notice, any sales tax owed to the department.
A denial of an application, or a revocation, restriction, or suspension of a registration,
by the department shall be probationary for a period of 12 months in the event that the
secondary metals recycler subject to such action has not had any other application for
registration denied, or any registration revoked, restricted, or suspended, by the
department within the previous 24month period.
If, during the 12month probationary period, the department does not again deny an
application or revoke, restrict, or suspend the registration of the secondary metals
recycler, the action of the department shall be dismissed and the record of the secondary
metals recycler cleared thereof.
If, during the 12month probationary period, the department, for reasons other than
those existing prior to the original denial or revocation, restriction, or suspension, again
denies an application or revokes, restricts, or suspends the registration of the secondary
metals recycler, the probationary nature of such original action shall terminate and both
the original action of the department and the action of the department causing the
termination of the probationary nature thereof shall immediately be reinstated against the
secondary metals recycler.
Upon the request of a law enforcement official, the Department of Revenue shall
release to the official the name and address of any secondary metals recycler registered to
do business within the official’s jurisdiction.
538.26. Certain acts and practices prohibited.
It is unlawful for a secondary metals recycler to do or allow any
of the following acts:
Purchase regulated metals property, restricted regulated metals property, or ferrous
metals before 7 a.m. or after 7 p.m.
Purchase regulated metals property, restricted regulated metals property, or ferrous
metals from any seller who presents such property for sale at the registered location of
the secondary metals recycler when such property was not transported in a motor vehicle.
Purchase regulated metals property, restricted regulated metals property, or ferrous
metals from any location other than a fixed location.
Purchase regulated metals property from a seller who:
Uses a name other than his or her own name or the registered name of the seller’s
business;
Is younger than 18 years of age; or
Is visibly or apparently under the influence of drugs or alcohol.
(a) Purchase any restricted regulated metals property listed in paragraph (b) unless
the secondary metals recycler obtains reasonable proof that the seller:
Owns such property. Reasonable proof of ownership may include, but is not limited
to, a receipt or bill of sale; or
Is an employee, agent, or contractor of the property’s owner who is authorized to sell
the property on behalf of the owner. Reasonable proof of authorization to sell the
property includes,
but is not limited to, a signed letter on the owner’s letterhead, dated no later than 90 days
before the sale, authorizing the seller to sell the property.
The purchase of any of the following regulated metals property is subject to the
restrictions provided in paragraph (a):
A manhole cover.
An electric light pole or other utility structure and its fixtures, wires, and hardware
that are readily identifiable as connected to the utility structure.
A guard rail.
A street sign, traffic sign, or traffic signal and its fixtures and hardware.
Communication, transmission, distribution, and service wire from a utility, including
copper or aluminum bus bars, connectors, grounding plates, or grounding wire.
A funeral marker or funeral vase.
A historical marker.
Railroad equipment, including, but not limited to, a tie plate, signal house, control
box, switch plate, E clip, or rail tie junction.
Any metal item that is observably marked upon reasonable inspection with any form
of the name, initials, or logo of a governmental entity, utility company, cemetery, or
railroad.
A copper, aluminum, or aluminumcopper condensing or evaporator coil, including
its tubing or rods, from an airconditioning or heating unit, excluding coils from window
air
conditioning or heating units and motor vehicle airconditioning or heating units.
An aluminum or stainless steel container or bottle designed to hold propane for
fueling forklifts.
A stainless steel beer keg.
A catalytic converter or any nonferrous part of a catalytic converter unless purchased
as part of a motor vehicle.
Metallic wire that has been burned in whole or in part to remove insulation.
A brass or bronze commercial valve or fitting, referred to as a “fire department
connection and control valve” or an “FDC valve,” that is commonly used on structures
for access to water for the purpose of extinguishing fires.
A brass or bronze commercial potable water backflow preventer valve that is
commonly used to prevent backflow of potable water from commercial structures into
municipal domestic water service systems.
A shopping cart.
A brass water meter.
A storm grate.
A brass sprinkler head used in commercial agriculture.
539.001. The Florida Pawnbroking Act.
SHORT TITLE.—This section may be cited as the “Florida Pawnbroking Act.”
DEFINITIONS.—As used in this section, the term:
“Agency” means the Department of Agriculture and Consumer Services.
“Appropriate law enforcement official” means the sheriff of the county in which a
pawnshop is located or, in case of a pawnshop located within a municipality, the police
chief of the municipality in which the pawnshop is located; however, any sheriff or police
chief may designate as the appropriate law enforcement official for the county or
municipality, as applicable, any law enforcement officer working within the county or
municipality headed by that sheriff or police chief. Nothing in this subsection limits the
power and responsibilities of the sheriff.
“Claimant” means a person who claims that his or her property was misappropriated.
“Conveying customer” means a person who delivers property into the custody of a
pawnbroker, either by pawn, sale, consignment, or trade.
“Identification” means a governmentissued photographic identification or an
electronic image taken from a governmentissued photographic identification.
“Misappropriated” means stolen, embezzled, converted, or otherwise wrongfully
appropriated against the will of the rightful owner.
“Net worth” means total assets less total liabilities.
right of redemption expires and absolute right, title, and interest in and to the pledged
goods shall vest in and shall be deemed conveyed to the pawnbroker by operation of law.
“Beneficial owner” means a person who does not have title to property but has rights
in the property which are the normal incident of owning the property.
“Operator” means a person who has charge of a corporation or company and has
control of its business, or of its branch establishments, divisions, or departments, and who
is vested with a certain amount of discretion and independent judgment.
(3) LICENSE REQUIRED.—
A person may not engage in business as a pawnbroker unless the person has a valid
license issued by the agency. A separate license is required for each pawnshop. The
agency must issue more than one license to a person if that person complies with the
requirements for each license.
A licensee who seeks to move a pawnshop to another location must give written
notice to the agency at least 30 days before the move, and the agency must amend the
license to indicate the new location. The licensee must also give such written notice to the
appropriate law enforcement official.
Each license is valid for a period of 1 year unless it is earlier relinquished, suspended,
or revoked. Each license shall be renewed annually, and each licensee shall, initially and
annually thereafter, pay to the agency a license fee of $300 for each license held. The
agency shall waive the initial license fee for an honorably discharged veteran of the
United States Armed Forces,
the spouse of such a veteran, or a business entity that has a majority ownership held by
such a veteran or spouse if the agency receives an application, in a format prescribed by
the agency, within 60 months after the date of the veteran’s discharge from any branch of
the United States Armed Forces. To qualify for the waiver, a veteran must provide to the
agency a copy of his or her
Form 214, as issued by the United States Department of Defense, or another acceptable
form of identification as specified by the Department of Veterans’ Affairs; the spouse of
a veteran must provide to the agency a copy of the veteran’s DD Form 214, as issued by
the United States Department of Defense, or another acceptable form of identification as
specified by the Department of Veterans’ Affairs, and a copy of a valid marriage license
or certificate verifying that he or she was lawfully married to the veteran at the time of
discharge; or a business entity must provide to the agency proof that a veteran or the
spouse of a veteran holds a majority ownership in the business, a copy of the veteran’s
DD Form 214, as issued by the United States Department of Defense, or another
acceptable form of identification as specified by the Department of Veterans’ Affairs,
and, if applicable, a copy of a valid marriage license or certificate verifying that the
spouse of the veteran was lawfully married to the veteran at the time of discharge.
The agency may issue a temporary pawnbroker’s license for the operation of a
pawnshop either upon receipt of an application to transfer an existing license from one
person to another or upon receipt of an application for a license involving principals and
owners that are substantially identical to those of the existing licensee. The temporary
license is effective until the permanent
license is issued or denied by the agency.
A person must apply to the agency for a new license or for a temporary license upon
any change, directly or beneficially, in the ownership of any pawnshop. An application
for a license or an application to transfer an existing license is not required upon any
change, directly or beneficially, in the ownership of a pawnshop if one or more holders of
at least 90 percent of the outstanding equity interest of the pawnshop before the change in
ownership continue to hold at least 90 percent of the outstanding equity interest after the
change in ownership.
Any person applying for or renewing a local occupational license to engage in
business as a pawnbroker must exhibit a current license from the agency before the local
business tax receipt may be issued or reissued.
(4) ELIGIBILITY FOR LICENSE.—
To be eligible for a pawnbroker’s license, an applicant
must:
Be of good moral character;
Have a net worth of at least $50,000 or file with the agency a bond issued by a surety
company qualified to do business in this state in the amount of $10,000 for each license.
In lieu of the bond required in this section, the applicant may establish a certificate of
deposit or an irrevocable letter of credit in a Florida banking institution in the amount of
the bond. The original bond, certificate of deposit, or letter of credit shall be filed with
the agency on a form adopted by agency rule, and the agency shall be the beneficiary to
said document. The bond, certificate of deposit,
or letter of credit must be in favor of the agency for the use and benefit of a consumer
who is injured by the fraud, misrepresentation, breach of contract, financial failure, or
violation of this section by the pawnbroker. Such liability may be enforced by proceeding
in an administrative action or by filing a civil action. However, in such civil action, the
bond, certificate of deposit, or letter of credit posted with the agency may not be
amenable or subject to a judgment or other legal process issuing out of or from such court
in connection with such civil action, but such bond, certificate of deposit, or letter of
credit shall be amenable to and enforceable only by and through administrative
proceedings before the agency. It is the intent of the Legislature that such bond,
certificate of deposit, or letter of credit be applicable and liable only for the payment of
claims duly adjudicated by order of the agency. The bond, certificate of deposit, or letter
of credit shall be payable on a pro rata basis as determined by the agency, but the
aggregate amount awarded may not exceed the amount of the bond, certificate of deposit,
or letter of credit. A consumer may file a claim against the bond, certificate of deposit, or
letter of credit. Such claim, which must be submitted in writing on an affidavit form
adopted by agency rule, must be submitted to the agency within 120 days after an alleged
injury has occurred or is discovered to have occurred or a judgment has been entered. The
proceedings shall be conducted pursuant to chapter 120. For proceedings conducted
pursuant to
120.569 and 120.57, the agency shall act only as a nominal party. Any indebtedness
determined by final order of the agency shall be paid by the pawnbroker to the agency
within 30 days after the order is entered for disbursement to the consumer. If the
pawnbroker fails to make payment within 30 days, the agency
shall make a demand for payment upon the surety which includes an institution issuing a
letter of credit or depository on a certificate of deposit. Upon failure of a surety to comply
with a demand for payment pursuant to a final order, the agency may file an action in
circuit court to recover payment, up to the amount of the bond or other form of security,
pursuant to s. 120.69. If the agency prevails in such action, the agency may recover court
costs and reasonable attorney fees;
Not have been convicted of, or found guilty of, or pled guilty or nolo contendere to,
or not have been incarcerated within the last 10 years as a result of having previously
been convicted of, or found guilty of, or pled guilty or nolo contendere to, regardless of
adjudication, a felony within the last 10 years and not be acting as a beneficial owner for
someone who has been convicted of, or found guilty of, or pled guilty or nolo contendere
to, regardless of adjudication, a felony within the last 10 years; and
Not have been convicted of, or found guilty of, or pled guilty or nolo contendere to,
or not have been incarcerated within the last 10 years as a result of having previously
been convicted of, or found guilty of, or pled guilty or nolo contendere to, regardless of
adjudication, a crime that involves theft, larceny, dealing in stolen property, receiving
stolen property, burglary, embezzlement, obtaining property by false pretenses,
possession of altered property, or any other fraudulent or dishonest dealing within the last
10 years, and not be acting as a beneficial owner for someone who has been convicted,
of, or found guilty of, or pled guilty or nolo contendere to, or has been incarcerated
within the last 10 years as a result of having previously been convicted of, or found guilty
of, or pled guilty or nolo contendere to, regardless of
adjudication, a crime that involves theft, larceny, dealing in stolen property, receiving
stolen property, burglary, embezzlement, obtaining property by false pretenses,
possession of altered property, or any other fraudulent or dishonest dealing within the last
10 years.
Any applicant claiming to have a net worth of $50,000 or more shall file with the
agency, at the time of applying for a license, the following documentation:
A current financial statement prepared by a Florida certified public accountant; or
An affidavit stating the applicant’s net worth is at least $50,000, accompanied by
supporting documentation; or
If the applicant is a corporation, a copy of the applicant’s most recently filed federal
tax return.
If the agency cannot verify that the applicant meets the net worth requirement for a
license, the agency may require a finding, including the presentation of a current balance
sheet, by an accounting firm or individual holding a permit to practice public accounting
in this state, that the accountant has reviewed the books and records of the applicant and
that the applicant meets the net worth requirement.
If an applicant for a pawnbroker’s license is not an individual, the eligibility
requirements of this subsection, other than the requirements of subparagraph (a)2., apply
to each operator of the pawnshop and to each direct or beneficial owner of at least 10
percent of the outstanding equity interest of the pawnshop and, if the applicant is a
corporation, to each officer
and director of the corporation.
(5) APPLICATION FOR LICENSE.—
(7) ORDERS IMPOSING PENALTIES.—
The agency may enter an order imposing one or more of the penalties set forth in
paragraph (b) if the agency finds that a pawnbroker:
Violated or is operating in violation of any of the provisions of this section or of the
rules adopted or orders issued thereunder;
Made a material false statement in any application, document, or record required to
be submitted or retained under this section;
Refused or failed, or any of its principal officers has refused or failed, after notice, to
produce any document or records or disclose any information required to be produced or
disclosed under this section or the rules of the agency;
Made a material false statement in response to any request or investigation by the
agency, the Department of Legal Affairs, or the state attorney; or
Has intentionally defrauded the public through dishonest or deceptive means.
Upon a finding as set forth in paragraph (a), the agency may enter an order doing one
or more of the following:
Issuing a notice of noncompliance pursuant to s. 120.695.
Imposing an administrative fine in the Class II category pursuant to s. 570.971 for
each act that constitutes a violation of this section, a rule, or an order.
Directing that the pawnbroker cease and desist specified
activities.
Refusing to license or revoking or suspending a license.
Placing the licensee on probation, subject to such conditions as the agency may
specify.
The administrative proceedings which could result in the entry of an order imposing
any of the penalties specified in paragraph (b) are governed by chapter 120.
1. If a violation of this section occurs and the agency has reasonable cause to believe
that a person is operating in violation of this section, the agency may bring a civil action
in the appropriate court for temporary or permanent injunctive relief and may seek other
appropriate civil relief, including a civil penalty in the Class II category pursuant to s.
570.971 for each violation, restitution and damages for injured customers, court costs,
and reasonable attorney fees.
The agency may terminate an investigation or action upon agreement by the offender
to pay a stipulated civil penalty, to make restitution or pay damages to customers, or to
satisfy any other relief authorized under this subsection and requested by the agency.
The remedies provided for in this subsection shall be in addition to any other remedy
provided by law.
(8) PAWNBROKER TRANSACTION FORM.—
At the time the pawnbroker enters into any pawn or purchase transaction, the
pawnbroker shall complete a pawnbroker transaction form for such transaction, including
an
indication of whether the transaction is a pawn or a purchase, and the pledgor or seller
shall sign such completed form. The agency must approve the design and format of the
pawnbroker transaction form, which must be 8 ½ inches x 11 inches in size and elicit the
information required under this section. In completing the pawnbroker transaction form,
the pawnbroker shall record the following information, which must be typed or written
indelibly and legibly in English.
The front of the pawnbroker transaction form must include: 1. The name and
address of the pawnshop.
A complete and accurate description of the pledged goods or purchased goods,
including the following information, if applicable:
a. Brand name.
b. Model number.
c. Manufacturer’s serial number.
Size.
Color, as apparent to the untrained eye.
Precious metal type, weight, and content, if known.
Gemstone description, including the number of stones.
In the case of firearms, the type of action, caliber or gauge, number of barrels, barrel
length, and finish.
Any other unique identifying marks, numbers, names, or letters.
Notwithstanding subsubparagraphs a.i., in the case of multiple items of a similar
nature delivered together in one transaction which do not bear serial or model numbers
and which do not include precious metal or gemstones, such as musical or video
recordings, books, and hand tools, the description of the items is adequate if it contains
the quantity of items and a description of the type of items delivered.
The name, address, home telephone number, place of employment, date of birth,
physical description, and right thumbprint of the pledgor or seller.
The date and time of the transaction.
The type of identification accepted from the pledgor or seller, including the issuing
agency and the identification number.
In the case of a pawn:
A pawnbroker must maintain a copy of each completed pawnbroker transaction form
on the pawnshop premises for at least 1 year after the date of the transaction. On or
before the end of each business day, the pawnbroker must deliver to the appropriate law
enforcement official the original pawnbroker transaction forms for each of the
transactions occurring during the previous business day, unless other arrangements have
been agreed upon between the pawnbroker and the appropriate law enforcement official.
If the original transaction form is lost or destroyed by the appropriate law enforcement
official, a copy may
be used by the pawnbroker as evidence in court. When an electronic image of a pledgor
or seller identification is accepted for a transaction, the pawnbroker must maintain the
electronic image in order to meet the same recordkeeping requirements as for the original
transaction form. If a criminal investigation occurs, the pawnbroker shall, upon request,
provide a clear and legible copy of the image to the appropriate law enforcement official.
If the appropriate law enforcement agency supplies the appropriate software and the
pawnbroker presently has the computer ability, pawn transactions shall be electronically
transferred. If a pawnbroker does not presently have the computer ability, the appropriate
law enforcement agency may provide the pawnbroker with a computer and all necessary
equipment for the purpose of electronically transferring pawn transactions. The
appropriate law enforcement agency shall retain ownership of the computer, unless
otherwise agreed upon. The pawnbroker shall maintain the computer in good working
order, ordinary wear and tear excepted. In the event the pawnbroker transfers pawn
transactions electronically, the pawnbroker is not required to also deliver to the
appropriate law enforcement official the original or copies of the pawnbroker transaction
forms. The appropriate law enforcement official may, for the purposes of a criminal
investigation, request that the pawnbroker produce an original of a transaction form that
has been electronically transferred. The pawnbroker shall deliver this form to the
appropriate law enforcement official within 24 hours of the request.
In a pawn transaction, a pawnbroker may contract for and receive a pawn service
charge. The interest component of the pawn service charge shall be deemed to be 2
percent of the amount financed for each 30day period in a pawn transaction.
The pawnbroker may charge any amount of pawn service charge, so long as the total
amount, inclusive of the interest component, does not exceed 25 percent of the amount
financed for each 30day period in a pawn transaction, except that the pawnbroker is
entitled to receive a minimum pawn service charge of $5 for each such 30day period.
The default date of any pawn may be extended to a subsequent date by mutual
agreement, between the pledgor and the pawnbroker except the pawnbroker may not
impose a minimum duration of more than 30 days, evidenced by a written memorandum,
a copy of which must be supplied to the pledgor, which must clearly specify the new
default date, and the pawn service charges owed on the new default date. In this event,
the daily pawn service charge for the extension shall be equal to the pawn service charge
for the original 30day period divided by 30 days (i.e., onethirtieth of the original total
pawn service charge). There is no limit on the number of extensions that the parties may
agree to.
The total amount of pawn service charges that a pawnbroker may collect in the case
of pledged goods redeemed at any time within 30 days after the date of the pawn is the
amount provided in paragraph (a). The total amount of pawn service charges that a
pawnbroker may collect in the case of redemptions occurring at any time more than 30
days after the date of the pawn is twice the amount provided in paragraph (a), except that,
for redemptions occurring more than 60 days after the date of the pawn, pawn service
charges continue to accrue from and after the 60th day at the daily rate determined as
provided in paragraph (b). Any unused pawn service charge paid in advance by the
pledgor shall
be refunded by the pawnbroker.
Pledged goods may be redeemed by mail by agreement between the pledgor and the
pawnbroker. The pledgor must pay in advance all moneys due and a reasonable charge
assessed by the pawnbroker to recover its cost and expenses involved in the packaging,
insuring, and shipping of the pledged goods. The pawnbroker shall insure the pledged
goods in an amount acceptable to the pledgor. The pawnbroker’s liability for loss or
damage in connection with the shipment of such pledged goods is limited to the amount
of the insurance coverage obtained.
Any interest, charge, or fees contracted for or received, directly or indirectly, in
excess of the amounts authorized under this section are prohibited, may not be collected,
and render the pawn transaction voidable, in which case the pawnbroker shall forfeit the
right to collect twice the amount of the pawn service charge contracted for in the pawn
and, upon the pledgor’s written request received by the pawnbroker within 30 days after
the maturity date, shall be obligated to return to the pledgor the pledged goods delivered
to the pawnbroker in connection with the pawn upon payment of the balance remaining
due, provided that there shall be no penalty for a violation resulting from an accidental
and bona fide error that is corrected upon discovery. Any action to circumvent the
limitation on pawn service charges collectible under this section is voidable. In the event
a pledgor makes a partial payment on a pawn that reduces the amount financed, any
additional pawn service charges shall be calculated on the remaining balance of the
original amount financed.
PROHIBITED ACTS.—A pawnbroker, or an employee or agent of a pawnbroker,
may not:
Falsify or intentionally fail to make an entry of any material matter in a pawnbroker
transaction form.
Refuse to allow the agency, the appropriate law enforcement official, or the state
attorney, or any of their designated representatives having jurisdiction, to inspect
completed pawnbroker transaction forms or pledged or purchased goods during the
ordinary hours of the pawnbroker’s business or other time acceptable to both parties. The
appropriate law enforcement official shall disclose to a claimant the name and address of
the pawnbroker, the name and address of the conveying customer, and a description of
pawned, purchased, or consigned goods that the claimant claims to be misappropriated.
Obliterate, discard, or destroy a completed pawnbroker transaction form sooner than
3 years after the date of the transaction.
Accept a pledge or purchase property from a person under the age of 18 years.
Make any agreement requiring or allowing the personal liability of a pledgor or the
waiver of any of the provisions of this section.
Knowingly enter into a pawn or purchase transaction with any person who is under
the influence of alcohol or controlled substances when such condition is apparent, or with
any person using the name of another or the registered name of another’s business.
Conduct any pawn or purchase transaction at a drivethrough window or similar
device in which the customer remains
in a vehicle while conducting the transaction.
Fail to return or replace pledged goods to a pledgor upon payment of the full amount
due the pawnbroker, unless the pledged goods have been placed under a hold order under
subsection (16), or taken into custody by a court or otherwise disposed of by court order.
Sell or otherwise charge for insurance in connection with a pawn transaction, except
in connection with the shipment of pledged goods redeemed by mail as provided in
subsection (11).
Engage in title loan transactions at, within, or adjoining a licensed pawnshop
location.
Lease pledged goods to the pledgor or any other party.
Operate a pawnshop between the hours of 10 p.m. and 7
a.m.
Knowingly hire anyone to work in a pawnshop who has been convicted of, or entered
a plea of guilty or nolo contendere to, or had adjudication withheld for a felony within the
last 5 years, or been convicted of, or entered a plea of guilty or nolo contendere to, or had
adjudication withheld for a crime within the last 5 years which involves theft, larceny,
dealing in stolen property, receiving stolen property, burglary, embezzlement, obtaining
property by false pretenses, possession of altered property, or any fraudulent, or dishonest
dealing.
Knowingly accept or receive misappropriated property from a conveying customer in
a pawn or purchase transaction.
RIGHT TO REDEEM; LOST PAWNBROKER
TRANSACTION FORM.—
If, after notice and a hearing, the court finds that the property was misappropriated and
orders the return of the property to the claimant:
The claimant may recover from the pawnbroker the cost of the action, including the
claimant’s reasonable attorney’s fees; and
If the conveying customer is convicted of theft, a violation of this section, or dealing in
stolen property, the court shall order the
conveying customer to repay the pawnbroker the full amount the conveying customer
received from the pawnbroker for the property, plus all applicable pawn service charges.
As used in this paragraph, the term “convicted of” includes a plea of nolo contendere to
the charges or any agreement in which adjudication is withheld; and
The conveying customer shall be responsible to pay all attorney’s fees and taxable
costs incurred by the pawnbroker in defending a replevin action or any other civil matter
wherein it is found that the conveying customer was in violation of this paragraph.
If the court finds that the claimant failed to comply with the requirements in
paragraph (a) or otherwise finds against the claimant, the claimant is liable for the
defendants’ costs, including reasonable attorney’s fees.
The sale, pledge, or delivery of tangible personal property to a pawnbroker by any
person in this state is considered to be:
An agreement by the person who sells, pledges, or delivers the tangible personal
property that the person is subject to the jurisdiction of the court in all civil actions and
proceedings arising out of the pledge or sale transaction filed by either a resident or
nonresident plaintiff;
An appointment of the Secretary of State by any nonresident of this state as that
person’s lawful attorney and agent upon whom may be served all process in suits
pertaining to the actions and proceedings arising out of the sale, pledge, or delivery; and
An agreement by any nonresident that any process in any suit
so served has the same legal force and validity as if personally served in this state.
(16) HOLD ORDERS; ISSUANCE; REQUIRED INFORMATION;
PROCEDURES.—
When an appropriate law enforcement official has probable cause to believe that
property in the possession of a pawnbroker is misappropriated, the official may place a
written hold order on the property. The written hold order shall impose a holding period
not to exceed 90 days unless extended by court order. The appropriate law enforcement
official may rescind, in writing, any hold order. An appropriate law enforcement official
may place only one hold order on property.
Upon the expiration of the holding period, the pawnbroker shall notify, in writing, the
appropriate law enforcement official by certified mail, return receipt requested, that the
holding period has expired. If, on the 10th day after the written notice has been received
by the appropriate law enforcement official, the pawnbroker has not received from a
court an extension of the hold order on the property and the property is not the subject of
a proceeding under subsection (15), title to the property shall vest in and be deemed
conveyed by operation of law to the pawnbroker, free of any liability for claims but
subject to any restrictions contained in the pawn transaction contract and subject to the
provisions of this section.
A hold order must specify:
The name and address of the pawnbroker.
The name, title, and identification number of the
representative of the appropriate law enforcement official or the court placing the hold
order.
If applicable, the name and address of the appropriate law enforcement official or
court to which such representative is attached and the number, if any, assigned to the
claim regarding the property.
A complete description of the property to be held, including model number and serial
number if applicable.
The name of the person reporting the property to be misappropriated unless otherwise
prohibited by law.
The mailing address of the pawnbroker where the property is
held.
The expiration date of the holding period.
The pawnbroker or the pawnbroker’s representative must sign and date a copy of the
hold order as evidence of receipt of the hold order and the beginning of the 90day
holding period.
1. Except as provided in subparagraph 2., a pawnbroker may not release or dispose of
property subject to a hold order except pursuant to a court order, a written release from
the appropriate law enforcement official, or the expiration of the holding period of the
hold order.
While a hold order is in effect, the pawnbroker must upon request release the
property subject to the hold order to the custody of the appropriate law enforcement
official for use in a criminal investigation. The release of the property to the custody of
the appropriate law enforcement official is not considered a
waiver or release of the pawnbroker’s property rights or interest in the property. Upon
completion of the criminal proceeding, the property must be returned to the pawnbroker
unless the court orders other disposition. When such other disposition is ordered, the
court shall additionally order the conveying customer to pay restitution to the pawnbroker
in the amount received by the conveying customer for the property together with
reasonable attorney’s fees and costs.
(17) CRIMINAL PENALTIES.—
Any person who engages in business as a pawnbroker without first securing a license
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
In addition to any other penalty, any person, who willfully violates this section or
who willfully makes a false entry in any record specifically required by this section
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083. Clerical or recordkeeping errors, such as typographical errors or scrivener’s
errors, regarding any document or record required by this section do not constitute a
willful violation of this section, and are not subject to criminal penalties. Clerical or
recordkeeping errors are subject to the administrative remedies, as provided in this act.
INJUNCTIONS.—When the agency has reasonable cause to believe that a person is
violating this section, the agency may enter an order requiring the person to stop the
violation. The agency may petition the court to enjoin the person from engaging in the
violation, continuing the violation, or doing any act in
furtherance of the violation. The court may order a preliminary or permanent injunction.
RECORDS OF THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT.—
The Department of Law Enforcement, on request, must supply to the agency any arrest
and conviction records in its possession of an individual applying for or holding a license
under this section.
CONFLICTING ORDINANCES.—Any county or municipality may enact
ordinances that are in compliance with, but not more restrictive than this section, except
that local ordinances shall not require the payment of any fee or tax related to a pawn
transaction or purchase unless authorized under this chapter or restrict hours of operations
other than between midnight and 6 a.m. Any ordinance that conflicts with this subsection
is void. This section does not affect the authority of a county or municipality to establish
land use controls or require a pawnbroker to obtain a local occupational license.
RULEMAKING AUTHORITY.—The agency has authority to adopt rules pursuant
to chapter 120 to implement the provisions of this section.
539.002. Applicability.
Chapter 538 does not apply to pawnbrokers licensed under the Florida Pawnbroking
Act. This act does not abrogate any provision of chapters 671680.
539.003. Confidentiality.
All records relating to pawnbroker transactions delivered to
appropriate law enforcement officials pursuant to s. 539.001 are confidential and exempt
from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and may
be used only for official law enforcement purposes. This section does not prohibit the
disclosure by the appropriate law enforcement officials of the name and address of the
pawnbroker, the name and address of the conveying customer, or a description of pawned
property to the alleged owner of pawned property.
CHAPTER 540
COMMERCIAL DISCRIMINATION
540.11. Unauthorized copying of phonograph records, disk, wire, tape, film, or
other article on which sounds are recorded.
As used in this section, unless the context otherwise requires:
“Owner” means the person who owns the original sounds embodied in the master
phonograph record, master disk, master tape, master film, or other device used for
reproducing sounds on phonograph records, disks, tapes, films, or other articles upon
which sound is recorded, and from which the transferred recorded sounds are directly or
indirectly derived, or the person who owns the rights to record or authorize the recording
of a live performance.
“Performer” means the person or persons appearing in the performance.
“Master recording” means the original fixation of sounds upon an article from which
copies can be made.
“Person” means any individual, partnership, corporation, association, or other legal
entity.
“Article” means the tangible medium upon which sounds or images are recorded or
any original phonograph record, disk, tape, audio or video cassette, wire, film, or other
medium now known or later developed on which sounds or images are or can be recorded
or otherwise stored, or any copy or reproduction which
duplicates, in whole or in part, the original.
(2) (a) It is unlawful:
Knowingly and willfully and without the consent of the owner, to transfer or cause to
be transferred, directly or indirectly, any sounds recorded on a phonograph record, disk,
wire, tape, film, or other article on which sounds are recorded, with the intent to sell, or
cause to be sold, or use or cause to be used for profit through public performance, such
article on which sounds are so transferred without consent of the owner.
Knowingly to manufacture, distribute, wholesale or transport within the state or
cause to be transported within the state for commercial advantage or private financial
gain any article on which sounds are recorded with knowledge that the sounds thereon are
transferred without consent of the owner.
Knowingly and willfully and without the consent of the performer, to transfer to or
cause to be transferred to any phonograph record, disk, wire, tape, film, or other article
any performance, whether live before an audience or transmitted by wire or through the
air by radio or television, with the intent to sell, or cause to be sold, or to use or cause to
be used for profit through public performance or to be used to promote the sale of any
product or such article onto which such performance is so transferred.
Knowingly to manufacture, distribute, wholesale or transport within this state or
cause to be transported within this state for commercial advantage or private financial
gain any article embodying a performance, whether live before an audience or
transmitted by wire or through the air by radio or television,
recorded with the knowledge that the performance is so transferred without consent of
the owner.
Subparagraphs 1. and 2. apply only to sound recordings fixed prior to February 15,
1972.
1. A person who violates paragraph (a) commits a felony of the third degree,
punishable as provided in s. 775.082, by a fine of up to $250,000, or both if the offense
involves at least 1,000 unauthorized articles embodying sound or at least 65 unauthorized
audiovisual articles during any 180day period or is a second or subsequent conviction
under either this subparagraph or subparagraph 2.
A person who violates paragraph (a) commits a felony of the third degree, punishable
as provided in s. 775.082, by a fine of up to $150,000, or both if the offense involves
more than 100 but less than 1,000 unauthorized articles embodying sound or more than 7
but less than 65 unauthorized audiovisual articles during any 180day period.
A person who otherwise violates paragraph (a) commits a misdemeanor of the first
degree, punishable as provided in s. 775.082, by a fine of up to $25,000, or both.
For purposes of this subsection, a person who is authorized to maintain custody and
control over business records which reflect whether or not the owner of the live
performance consented to having the live performance recorded or fixed shall be a proper
witness in any proceeding regarding the issue of consent.
(3) (a) It is unlawful:
To sell or offer for sale or resale, advertise, cause the sale or resale of, rent, transport or
cause to be rented or transported, or possess for any of these purposes any article with the
knowledge, or with reasonable grounds to know, that the sounds thereon have been
transferred without the consent of the owner.
To sell or offer for sale or resale, advertise, cause the sale or resale of, rent, transport or
cause to be rented or transported, or possess for any of these purposes any article embodying
any performance, whether live before an audience or transmitted by wire or through the air by
radio or television, recorded without the consent of the performer.
Knowingly, for commercial advantage or private financial gain to sell or resell, offer for
sale or resale, advertise, cause the sale or resale of, rent, transport or cause to be rented or
transported, or possess for such purposes, any phonograph record, disk, wire, tape, film, or
other article on which sounds are recorded, unless the outside cover, box, or jacket clearly
and conspicuously discloses the actual name and address of the manufacturer thereof, and the
name of the actual performer or group.
1. A person who violates paragraph (a) commits a felony of the third degree, punishable
as provided in s. 775.082, by a fine of up to $250,000, or both if the offense involves at least
1,000 unauthorized articles embodying sound or at least 65 unauthorized audiovisual articles
during any 180day period or is a second or subsequent conviction under either this
subparagraph or subparagraph 2. of this subsection.
A person who violates paragraph (a) commits a felony of the
third degree, punishable as provided in s. 775.082, by a fine of up to $150,000, or both if
the offense involves more than 100 but less than 1,000 unauthorized articles embodying
sound or more than 7 but less than 65 unauthorized audiovisual articles during any 180
day period.
A person who otherwise violates this subsection commits a misdemeanor of the first
degree, punishable as provided in s. 775.082, by a fine of up to $25,000, or both.
Any recorded article produced in violation of subsections
and (3), or any equipment or components used in the production thereof, shall be subject
to seizure and forfeiture and destruction by the seizing law enforcement agency.
This section shall neither enlarge nor diminish the right of parties in private litigation.
This section does not apply:
To any broadcaster who, in connection with, or as part of, a radio, television, or cable
broadcast transmission, or for the purpose of archival preservation, transfers any such
sounds recorded on a sound recording.
To any person who transfers such sounds in the home for personal use and without
compensation for such transfer.
To any notforprofit educational institution or any federal or state governmental
entity, if all the following conditions exist:
The primary purpose of the institution or entity is the advancement of the public’s
knowledge and the dissemination of information.
Such purpose is clearly set forth in the institution’s or entity’s charter, bylaws,
certificate of incorporation, or similar document.
Prior to the transfer of the sounds, the institution or entity has made a good faith
effort to identify and locate the owner or owners of the articles to be transferred.
Despite good faith efforts, the owner or owners have not been located.
CHAPTER 546
AMUSEMENT FACILITIES
546.10. Amusement games or machines.
This section may be cited as the “Family Amusement Games Act.”
The Legislature finds that regulation of the operation of skillbased amusement
games or machines at specified locations to ensure compliance with the requirements of
law is appropriate to prevent expansion of casinostyle gambling. Therefore, the
Legislature finds that there is a compelling state interest in clarifying the operation and
use of amusement games or machines to ensure that provisions regulating these devices
are not subject to abuse or interpreted in any manner as creating an exception to the
state’s general prohibitions against gambling.
As used in this section, the term:
“Amusement game or machine” means a game or machine operated only for the bona
fide entertainment of the general public which a person activates by inserting or using
currency or a coin, card, coupon, slug, token, or similar device, and, by the application of
skill, with no material element of chance inherent in the game or machine, the person
playing or operating the game or machine controls the outcome of the game. The term
does not include:
Any game or machine that uses mechanical slot reels, video depictions of slot
machine reels or symbols, or video simulations or video representations of any other
casino game, including, but not limited to, any banked or banking card game, poker,
bingo,
pulltab, lotto, roulette, or craps.
A game in which the player does not control the outcome of the game through skill or
a game where the outcome is determined by factors not visible, known, or predictable to
the player.
A video poker game or any other game or machine that may be construed as a
gambling device under the laws of this state.
Any game or device defined as a gambling device in 15 U.S.C. s. 1171, unless
excluded under 15 U.S.C. s. 1178.
“Arcade amusement center” means a place of business having at least 50 amusement
games or machines on premises which is operated for the entertainment of the general
public and tourists as a bona fide amusement facility.
“Card” means a card other than a credit card or debit card: 1. Which is used to
activate an amusement game or machine.
Which contains a microprocessor chip, magnetic stripe, or other means for storing,
retrieving, and transferring information, which may include information regarding
coupons or points that are won and that may be redeemed for merchandise.
Which is prefunded.
For which the prefunded value is reduced by the cost of play.
“Game play” means the process of events beginning with the activation of the
amusement game or machine and ending when the results of play are determined without
the insertion or the use of any additional currency, coin, card, coupon, slug, token,
or similar device to continue play. A free replay is not a separate game played.
“Material element of chance inherent in the game or machine” means that:
The possibility of the player succeeding at the game or accomplishing the player’s
task is determined by the number or ratio of prior wins or prior losses of players playing
the game;
An award of value is not based solely on the player achieving the object of the game
or on the player’s score;
The number of the coupons or points awarded or the value of the prize awarded for
successfully playing the game can be controlled by a source other than the player or
players playing the game;
The ability of the player to succeed at the game is determined by a game feature or
design that changes the effect of the player’s actions and that is not discernible or known
by the player;
The accomplishment of the player’s task requires the exercise of a skill that no player
could exercise;
A computerbased or mechanical random number generator or other factor that is not
discernible, known, or predictable by the player determines the outcome or winner of the
game; or
The game is designed or adapted with a control device to allow manipulation of the
game by the operator in order to prevent a player from winning or to predetermine which
player will win.
“Merchandise” means noncash prizes maintained on the premises by the operator of
the amusement game or machine, including toys and novelties. The term does not
include:
A cash equivalent, such as a gift card or certificate;
An alcoholic beverage;
A tobacco product;
A card, coupon, point, slug, token, or similar device that can be used to activate an
amusement game or machine;
A coupon or a point that has a redemption value greater than the maximum value
determined under subsection (7); or
Any prize or other item, if the exchange or conversion to cash or a cash equivalent is
facilitated or permitted by the owner or operator of the game or machine.
“Redemption value” means the imputed value of a coupon or a point, based on the
wholesale cost of merchandise for which the individual may redeem the coupon or point.
“Truck stop” means a dealer registered pursuant to chapter 212, excluding a marina,
which:
Declares the sale of diesel fuel to be its primary fuel business.
Operates at least six functional diesel fuel pumps.
Notwithstanding any other provision of law, an amusement game or machine may be
operated as provided in this section.
For purposes of this section:
“Type A” is an amusement game or machine that, upon activation and game play,
does not deliver, entitle, or enable a person playing or operating the amusement game or
machine to receive cash, billets, tickets, tokens, points, coupons, merchandise, or any
other thing of value, including electronic credits to be exchanged for cash, regardless of
whether such things are delivered or paid automatically from the machine or manually.
However, Type A amusement games and machines may entitle or enable a person to
replay the game without the insertion or use of any additional currency, coin, card,
coupon, slug, token, or similar device, only if:
The amusement game or machine can accumulate and react to no more than 15 such
replays;
The amusement game or machine can be discharged of accumulated replays only by
reactivating the game or device for one additional play for each accumulated replay;
The amusement game or machine cannot make a permanent record, directly or
indirectly, of any free replay;
The amusement game or machine does not entitle the player to receive anything of
value other than a free replay;
An unused free replay may not be exchanged for anything of value, including
merchandise or a coupon or a point that may be redeemed for merchandise; and
The amusement game or machine does not contain any device that awards a credit
and contains a circuit, meter, or switch capable of removing and recording the removal of
a credit if the award of a credit is dependent upon chance.
“Type B” is an amusement game or machine that may, upon activation and game
play, entitle or enable a person to receive a coupon or a point that may only be redeemed
onsite for merchandise; and:
The coupon or point has no value other than for redemption onsite for merchandise;
The redemption value of the coupon or point that a person receives for a single game
played does not exceed the maximum value determined under subsection (7). However, a
player may accumulate coupons or points to redeem onsite for a single item of
merchandise that has a wholesale cost of not more than 100 times the maximum value
determined under subsection (7), or for a prize consisting of more than one item, unit, or
part, only if the aggregate wholesale cost of all items, units, or parts does not exceed 100
times the maximum value determined under subsection (7); and
The redemption value of coupons or points that a person receives for playing
multiple games simultaneously or competing against others in a multiplayer game does
not exceed the maximum value determined under subsection (7).
“Type C” is an amusement game or machine that allows the player to manipulate a
claw or similar device within an enclosure that entitles or enables a person to receive
merchandise directly from the game or machine, if the wholesale cost of the merchandise
does not exceed 10 times the maximum value determined under subsection (7).
(a) A Type B amusement game or machine may only be operated at:
A facility as defined in s. 721.05(17) that is under the control of a timeshare plan.
A public lodging establishment or public food service establishment licensed
pursuant to chapter 509.
The following premises, if the owner or operator of the premises has a current license
issued by the Department of Business and Professional Regulation pursuant to chapter
509, chapter 561, chapter 562, chapter 563, chapter 564, chapter 565, chapter 567, or
chapter 568:
a. An arcade amusement center;
b. A bowling center, as defined in s. 849.141; or
c. A truck stop.
A Type C amusement game or machine may only be operated at:
A facility as defined in s. 721.05(17) that is under the control of a timeshare plan;
An arcade amusement center;
A bowling center, as defined in s. 849.141;
The premises of a retailer, as defined in s. 212.02;
A public lodging establishment or public food service establishment licensed
pursuant to chapter 509;
A truck stop; or
The premises of a veterans’ service organization granted a federal charter under Title
36, U.S.C., or a division, department,
post, or chapter of such organization, for which an alcoholic beverage license has been
issued.
For purposes of this section, the maximum value is $5.25. Beginning September 30,
2017, and annually thereafter, the Department of Revenue shall calculate the maximum
value as adjusted by the rate of inflation for the 12 months preceding September 1,
rounded to the nearest 5 cents. In calculating the adjusted maximum value, the
department shall multiply the previous maximum value by one plus the percentage
change in the Consumer Price Index for All Urban Consumers, U.S. City Average, All
Items, not seasonally adjusted, or a successor index as calculated by the United States
Department of Labor. Each adjusted maximum value shall take effect on the following
January 1, with the initial adjusted maximum value to take effect on January 1, 2018.
Beginning October 15, 2017, and annually thereafter, the department shall publish the
maximum value, as adjusted, in a brochure accessible from its website relating to sales
and use tax on amusement machines. If the release of the August Consumer Price Index
for All Urban Consumers occurs after September 15, in any given year, the department
shall publish the adjusted maximum value within 30 calendar days after the release date.
Notwithstanding any other provision of law, an action to enjoin the operation of any
game or machine pursuant to or for an alleged violation of this section or chapter 849
may be brought only by:
The Attorney General, the state attorney for the circuit in which the game or machine
is located, a federally recognized tribal government possessing sovereign powers and
rights of self
governance which is a party to a compact with the state, or in the case of an alleged
violation of statutes that it is charged with enforcing, the Department of Agriculture and
Consumer Services or the Department of Business and Professional Regulation; or
A substantially affected person who is a resident of the county where the place of
business operating the game or machine is located, or any substantially affected person
who has a business or residence within 5 miles of the place of business operating the
game or machine.
In addition to other civil, administrative, and criminal sanctions, a person who
violates this section commits a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083. A person convicted of violating this section a
second time commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083. A person who violates this section after having been twice
convicted is deemed a common offender and commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
CHAPTER 550
PARIMUTUEL WAGERING
disposed of under existing law at the time of institution of such prosecutions.
CHAPTER 552
MANUFACTURE, DISTRIBUTION, AND USE OF
EXPLOSIVES
552.081. Definitions.
As used in this chapter:
“Explosive materials” means explosives, blasting agents, or detonators.
“Explosives” means any chemical compound, mixture, or device, the primary
purpose of which is to function by explosion. The term “explosives” includes, but is not
limited to, dynamite, nitroglycerin, trinitrotoluene, other high explosives, black powder,
pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord,
igniter cord, and igniters. “Explosives” does not include cartridges for firearms and does
not include fireworks as defined in chapter 791.
“Blasting agent” means any material or mixture, consisting of fuel and oxidizer,
intended for blasting and not otherwise defined as an explosive, provided the finished
product, ready for use or shipment, cannot be detonated by means of a number 8 test
blasting cap when unconfined.
“Detonator” means any device containing a detonating charge that is used for
initiating detonation of an explosive and includes, but is not limited to, blasting caps and
electric blasting caps of instantaneous and delay types.
“Person” means any natural person, partnership, association, or corporation.
“Manufacturerdistributor” means a person engaged in the manufacture,
compounding, combining, production, or distribution of explosives.
“Dealer” means a person engaged in the wholesale or retail business of buying and
selling explosives.
“User” means a dealer or manufacturerdistributor who uses an explosive as an
ultimate consumer or a person who, as an ultimate consumer of an explosive, purchases
such explosive from a dealer or manufacturerdistributor.
“Blaster” means a person employed by a user who detonates or otherwise effects the
explosion of an explosive.
“Sale” and its various forms includes delivery of an explosive with or without
consideration.
“Highway” means any public highway in this state, including public streets, alleys,
and other thoroughfares, by whatever name, in any municipality.
“Manufacturer’s mark” means the mark placed on each carton of and each individual
piece of explosive by the manufacturer to identify the manufacturer and the location,
date, and shift of manufacture.
“Twocomponent explosives” means any two inert components which, when mixed,
become capable of detonation by a No. 6 blasting cap, and shall be classified as a Class
“A” explosive when so mixed.
“Division” means the Division of State Fire Marshal of the Department of Financial
Services.
“Purchase” and its various forms means acquisition of any explosive by a person
with or without consideration.
552.091. License or permit required of manufacturer distributor,
dealer, user, or blaster of explosives.
It shall be unlawful for any person to engage in the business of a manufacturer
distributor or to acquire, sell, possess, store, or engage in the use of explosives in this
state, except in conformity with the provisions of this chapter.
Each manufacturerdistributor, dealer, user, or blaster must be possessed of a valid
and subsisting license or permit issued by the division, except that if a manufacturer
distributor makes sales to users, such manufacturer shall not be required to obtain an
additional license as a dealer.
In the case of multiple locations for storage of explosives, each manufacturer
distributor, dealer, or user maintaining more than one permanent storage magazine
location shall possess an additional license, as herein set forth, for each such location.
The manufacturerdistributor of twocomponent explosives is required to purchase a
manufacturerdistributor explosive license. Dealers of twocomponent explosives are
required to purchase a dealer’s explosive license. A user’s explosive license is required of
any person to purchase, mix, or use twocomponent explosives from a dealer or
manufacturerdistributor. A blaster’s explosive permit is required of any person
employed by a user to mix, detonate, or otherwise effect the explosion of twocomponent
explosives, provided that a user who is a natural person is not required to obtain a
blaster’s permit in addition to
the user’s license in order to mix, detonate, or otherwise effect the explosion of any
explosive.
(a) Licenses, permits, and fees therefor are required for each license year for the
following:
However, no fee shall be required for a dealer license if the only explosive sold by
the dealer is black powder for recreational use.
Said licenses and permits shall be issued by the division for each license year
beginning October 1 and expiring the following September 30.
552.101. Possession without license prohibited; exceptions.
It is unlawful for any person to possess an explosive unless he or she is the holder of
a current, valid license or permit, as above provided, and possesses such explosive for the
purpose covered by the license or permit held. However, there is excepted from this
provision common, contract, and private carriers, as described in s. 552.12, possessed of
an explosive in connection with transportation of the same in the ordinary course of their
business.
552.111. Maintenance of records and sales of explosives by manufacturer
distributors and dealers; inspections.
It is unlawful for any licensed manufacturerdistributor to sell or distribute explosives
to any person except a person presenting a current, valid dealer’s explosive license or
user’s explosive license.
It is unlawful for any licensed dealer to sell or distribute explosives to any person
except a person presenting a current, valid user of explosives license or dealer’s explosive
license.
Each sale shall be evidenced by an invoice or sales ticket, which shall bear the name,
address, and explosives license number of the purchaser, the date of sale, quantity sold,
type of explosive sold, manufacturer’s mark, and use for which the explosive is
purchased. All original invoices or sales tickets shall be retained by the manufacturer
distributor or dealer and a copy thereof provided to the purchaser.
Each manufacturerdistributor and each dealer shall keep an accurate and current
written account of all inventories and sales of explosives. Such records shall be
maintained by the manufacturerdistributor or dealer for a period of 5 years.
Such records and inventories shall be made accessible to, and subject to examination
by, the division and any peace officer of this state.
It is unlawful for any person knowingly to withhold information or to make any false
or fictitious entry or misrepresentation upon any sales invoice, sales ticket, or account of
inventories.
552.112. Maintenance of records by users; inspection.
It is unlawful for any user of explosives to purchase, store, or use explosives without
maintaining an accurate and current written inventory of all explosives purchased,
possessed, stored, or used.
Such records shall include, but not be limited to, invoices or sales tickets from
purchases, location of blasting sites, dates and times of firing, the amount of explosives
used for each blast or delay series, the name of the person in charge of loading and firing,
and the license or permit number and name of the person making such entry into the
records. Such records shall be maintained by users for a period of 5 years.
Such records shall be made accessible to, and subject to examination by, the division
and any peace officer of this state.
It is unlawful for any person knowingly to withhold information or make any false or
fictitious entry or misrepresentation upon any such records.
552.113. Reports of thefts, illegal use, or illegal possession.
Any sheriff, police department, or peace officer of this state shall give immediate
notice to the division of any theft, illegal use, or illegal possession of explosives within
the purview of this chapter, coming to his or her attention, and shall forward a copy of his
or her final written report to the division.
It is unlawful for any holder of an explosives license or permit who incurs a loss,
unexplained shortage, or theft of explosives, or who has knowledge of a theft or loss of
explosives, to fail to report such loss or unexplained shortage or theft, within 12 hours
after discovery thereof, to the nearest county sheriff or
police chief and the division. Such report shall include the amount and type of explosives
missing, the manufacturer’s mark, if available, the approximate time of occurrence, if
known, and any other information such licensee or permittee may possess. Any other
person who has knowledge or information concerning a theft shall immediately inform
the nearest county sheriff or police chief of such occurrence.
The Division of Investigative and Forensic Services shall investigate, or be certain
that a qualified law enforcement agency investigates, the cause and circumstances of each
theft, illegal use, or illegal possession of explosives which occurs within the state. A
report of each such investigation shall be made and maintained by the Division of
Investigative and Forensic Services.
552.114. Sale, labeling, and disposition of explosives; unlawful
possession.
No person shall sell, accept, or deliver any explosives unless each carton and each
individual piece of such explosive is plainly labeled, stamped, or marked with the
manufacturer’s mark. It shall only be necessary for such identification marks to be on the
containers used for packaging such explosives for explosive materials of such small size
as not to be suitable for marking on the individual item. It is unlawful for any person to
use or possess any explosives not marked as required in this section. All unmarked
explosives found in the possession of any person shall be confiscated and disposed of in
accordance with the provisions of this chapter.
552.12. Transportation of explosives without license
prohibited; exceptions.
No person shall transport any explosive into this state or within the boundaries of this
state over the highways, on navigable waters or by air, unless such person is possessed of
a license or permit; provided, there is excepted from the effects of this sentence common,
contract and private carriers, as mentioned in the next succeeding sentence. Common
carriers by air, highway, railroad, or water transporting explosives into this state, or
within the boundaries of this state (including oceanplying vessels loading or unloading
explosives in Florida ports), and contract or private carriers by motor vehicle transporting
explosives on highways into this state, or within the boundaries of this state, and which
contract or private carriers are engaged in such business pursuant to certificate or permit
by whatever name issued to them by any federal or state officer, agency, bureau,
commission or department, shall be fully subject to the provisions of this chapter;
provided, that in any instance where the Federal Government, acting through the
Interstate Commerce Commission or other federal officer, agency, bureau, commission or
department, by virtue of federal laws or rules or regulations promulgated pursuant
thereto, has preempted the field of regulation in relation to any activity of any such
common, contract or private carrier sought to be regulated by this chapter, such activity
of such a carrier is excepted from the provisions of this chapter.
552.22. Penalties.
second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Manufacturing, purchasing, possessing, distributing, or selling an explosive under
circumstances contrary to the provisions of this chapter or such regulations as are adopted
pursuant thereto shall be prima facie evidence of an intent to use the explosive for
destruction of life, limb, or property.
Any person who possesses any explosive material, knowing or having reasonable
cause to believe that such explosive material was stolen, is guilty of a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who knowingly withholds information or presents to the division any
false, fictitious, or misrepresented application, identification, document, information,
statement, or data, intended or likely to deceive, for the purpose of obtaining an
explosives license or permit is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
Any person who knowingly withholds information or makes any false or fictitious
entry or misrepresentation upon any records required by s. 552.111 or s. 552.112 is guilty
of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Any person who is the holder of an explosives license or permit and who fails to
report the loss, theft, or unexplained shortage of any explosive material as required by s.
552.113 is guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
Any person who violates any order, rule, or regulation of the division, an order to
cease and desist, or an order to correct
conditions issued pursuant to this chapter is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
Any person who is the holder of an explosives license or permit and who abandons
any explosive material is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
The license or permit of any person convicted of violating subsection (1) or
subsection (2) is automatically and permanently revoked upon such conviction.
The license or permit of any person convicted of violating subsection (3), subsection
(4), subsection (5), subsection (6), or subsection (7) is automatically revoked upon such
conviction, and the division shall not issue a license or permit to such person for 2 years
from the date of such conviction.
Any person who knowingly possesses an explosive in violation of the provisions of s.
552.101 is guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
552.24. Exceptions.
Nothing contained in this chapter shall apply to the regular military or naval forces of
the United States; or to the duly organized military force of any state or territory thereof;
or to police or fire departments in this state, provided they are acting within their
respective official capacities and in the performance of their duties.
552.241. Limited exemptions.
The licensing, permitting, and storage requirements of this chapter shall not apply to:
(1) Dealers who purchase, sell, possess, or transport:
Smokeless propellant or commercially manufactured sporting grades of black powder
in quantities not exceeding 150 pounds, provided such dealer holds a valid federal
firearms dealer’s license.
Small arms ammunition primers, percussion caps, safety and pyrotechnic fuses,
quills, quick and slow matches and friction primers intended to be used solely for
sporting, recreational, and cultural purposes, provided such dealer holds a valid federal
firearms dealer’s license.
Users who are natural persons and who purchase, possess, or transport:
Smokeless propellant powder in quantities not to exceed 150 pounds, or
commercially manufactured sporting grades of black powder not to exceed 25 pounds,
provided such powder is for the sole purpose of handloading cartridges for use in pistols
or sporting rifles, or handloading shells for use in shotguns, or for a combination of these
or other purposes strictly confined to handloading or muzzleloading firearms for
sporting, recreational, or cultural use.
Small arms ammunition primers, percussion caps, safety and pyrotechnic fuses,
quills, quick and slow matches and friction primers, provided such small arms
ammunition primers are for the sole purpose of handloading cartridges for use in pistols
or
sporting rifles, or handloading shells for use in shotguns, or for a combination of these or
other purposes strictly confined to handloading or muzzleloading firearms for sporting,
recreational, or cultural use.
CHAPTER 560
MONEY SERVICES BUSINESSES
560.103. Definitions.
As used in this chapter, the term:
“Affiliated party” means a director, officer, responsible person, employee, or foreign
affiliate of a money services business, or a person who has a controlling interest in a
money services business as provided in s. 560.127.
“Appropriate regulator” means a state, federal, or foreign agency that has been
granted authority to enforce state, federal, or foreign laws related to a money services
business or deferred presentment provider.
“Authorized vendor” means a person designated by a money services business
licensed under part II of this chapter to act on behalf of the licensee at locations in this
state pursuant to a written contract with the licensee.
“Branch office” means the physical location, other than the principal place of
business, of a money services business operated by a licensee under this chapter.
“Cashing” means providing currency for payment instruments except for travelers
checks.
“Check casher” means a person who sells currency in exchange for payment
instruments received, except travelers checks.
“Commission” means the Financial Services Commission.
“Compliance officer” means the individual in charge of overseeing, managing, and
ensuring that a money services business is in compliance with all state and federal laws
and rules relating to money services businesses, as applicable, including all money
laundering laws and rules.
“Conductor” means a natural person who presents himself or herself to a licensee for
purposes of cashing a payment instrument.
“Corporate payment instrument” means a payment instrument on which the payee
named on the instrument’s face is other than a natural person.
“Currency” means the coin and paper money of the United States or of any other
country which is designated as legal tender and which circulates and is customarily used
and accepted as a medium of exchange in the country of issuance. Currency includes
United States silver certificates, United States notes, and Federal Reserve notes. Currency
also includes official foreign bank notes that are customarily used and accepted as a
medium of exchange in a foreign country.
“Deferred presentment provider” means a person who is licensed under part II or part
III of this chapter and has filed a declaration of intent with the office to engage in
deferred presentment transactions as provided under part IV of this chapter.
“Department” means the Department of Financial Services.
“Electronic instrument” means a card, tangible object, or
other form of electronic payment for the transmission or payment of money or the
exchange of monetary value, including a stored value card or device that contains a
microprocessor chip, magnetic stripe, or other means for storing information; that is
prefunded; and for which the value is decremented upon each use.
“Financial audit report” means a report prepared in connection with a financial audit
that is conducted in accordance with generally accepted auditing standards prescribed by
the American Institute of Certified Public Accountants by a certified public accountant
licensed to do business in the United States, and which must include:
Financial statements, including notes related to the financial statements and required
supplementary information, prepared in conformity with accounting principles generally
accepted in the United States. The notes must, at a minimum, include detailed disclosures
regarding receivables that are greater than 90 days, if the total amount of such receivables
represents more than 2 percent of the licensee’s total assets.
An expression of opinion regarding whether the financial statements are presented in
conformity with accounting principles generally accepted in the United States, or an
assertion to the effect that such an opinion cannot be expressed and the reasons.
“Foreign affiliate” means a person located outside this state who has been designated
by a licensee to make payments on behalf of the licensee to persons who reside outside
this state. The term also includes a person located outside of this state for whom the
licensee has been designated to make payments in this state.
“Foreign currency exchanger” means a person who
exchanges, for compensation, currency of the United States or a foreign government to
currency of another government.
“Fraudulent identification paraphernalia” means all equipment, products, or materials
of any kind that are used, intended for use, or designed for use in the misrepresentation of
a customer’s identity. The term includes, but is not limited to:
A signature stamp, thumbprint stamp, or other tool or device used to forge a
customer’s personal identification information.
An original of any type of personal identification listed in s. 560.310(2)(b) which is
blank, stolen, or unlawfully issued.
A blank, forged, fictitious, or counterfeit instrument in the similitude of any type of
personal identification listed in s. 560.310(2)(b) which would in context lead a reasonably
prudent person to believe that such instrument is an authentic original of such personal
identification.
Counterfeit, fictitious, or fabricated information in the similitude of a customer’s
personal identification information that, although not authentic, would in context lead a
reasonably prudent person to credit its authenticity.
“Licensee” means a person licensed under this chapter.
“Payment instrument” means a check, draft, warrant, money order, travelers check,
electronic instrument, or other instrument, payment of money, or monetary value whether
or not negotiable. The term does not include an instrument that is redeemable by the
issuer in merchandise or service, a credit card voucher, or a letter of credit.
“Payment instrument seller” means a corporation, limited liability company, limited
liability partnership, or foreign entity qualified to do business in this state which sells a
payment instrument.
“Person” means an individual, partnership, association, trust, corporation, limited
liability company, or other group, however organized, but does not include a public
agency or instrumentality thereof.
“Personal identification information” means a customer’s name that, alone or
together with any of the following information, may be used to identify that specific
customer:
Customer’s signature.
Photograph, digital image, or other likeness of the customer.
Unique biometric data, such as the customer’s thumbprint or fingerprint, voice print,
retina or iris image, or other unique physical representation of the customer.
“Responsible person” means an individual who is employed by or affiliated with a
money services business and who has principal active management authority over the
business decisions, actions, and activities of the money services business in this state.
“Sells” means to sell, issue, provide, or deliver.
560.125. Unlicensed activity; penalties.
A person may not engage in the business of a money services business or deferred
presentment provider in this state unless the person is licensed or exempted from
licensure under this chapter. A deferred presentment transaction conducted by a person
not authorized to conduct such transaction under this chapter is void, and the
unauthorized person has no right to collect, receive, or retain any principal, interest, or
charges relating to such transaction.
Only a money services business licensed under part II of this chapter may appoint an
authorized vendor. Any person acting as a vendor for an unlicensed money transmitter or
payment instrument issuer becomes the principal thereof, and no longer merely acts as a
vendor, and is liable to the holder or remitter as a principal money transmitter or payment
instrument seller.
Any person whose substantial interests are affected by a proceeding brought by the
office pursuant to this chapter may, pursuant to s. 560.113, petition any court of
competent jurisdiction to enjoin the person or activity that is the subject of the proceeding
from violating any of the provisions of this section. For the purpose of this subsection,
any money services business licensed under this chapter, any person residing in this
state, and any person whose principal place of business is in this state are presumed to be
substantially affected. In addition, the interests of a trade organization or association are
deemed substantially affected if the interests of any of its members are affected.
The office may issue and serve upon any person who violates any of the provisions
of this section a complaint seeking a cease and desist order or impose an administrative
fine as provided in s. 560.114.
A person who violates this section, if the violation involves:
Currency or payment instruments exceeding $300 but less than $20,000 in any 12
month period, commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
Currency or payment instruments totaling or exceeding $20,000 but less than
$100,000 in any 12month period, commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Currency or payment instruments totaling or exceeding $100,000 in any 12month
period, commits a felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
In addition to the penalties authorized by s. 775.082, s. 775.083, or s. 775.084, a
person who has been convicted of, or entered a plea of guilty or nolo contendere to,
having violated this section may be sentenced to pay a fine of up to $250,000 or twice the
value of the currency or payment instruments, whichever is
greater, except that on a second or subsequent violation of this section, the fine may be up
to $500,000 or quintuple the value of the currency or payment instruments, whichever is
greater.
A person who violates this section is also liable for a civil penalty of not more than
the value of the currency or payment instruments involved or $25,000, whichever is
greater.
In any prosecution brought pursuant to this section, the common law corpus delicti
rule does not apply. The defendant’s confession or admission is admissible during trial
without the state having to prove the corpus delicti if the court finds in a hearing
conducted outside the presence of the jury that the defendant’s confession or admission is
trustworthy. Before the court admits the defendant’s confession or admission, the state
must prove by a preponderance of the evidence that there is sufficient corroborating
evidence that tends to establish the trustworthiness of the statement by the defendant.
Hearsay evidence is admissible during the presentation of evidence at the hearing. In
making its determination, the court may consider all relevant corroborating evidence,
including the defendant’s statements.
CHAPTER 562
BEVERAGE LAW: ENFORCEMENT
562.01. Possession of untaxed beverages.
It is unlawful for any person to own, possess, purchase, sell, serve, distribute, or store
any alcoholic beverages unless said person has fully complied with the pertinent
provisions of the beverage law relating to the payment of excise taxes.
562.02. Possession of beverage not permitted to be sold under license.
It is unlawful for a licensee under the Beverage Law or his or her agent to have in his
or her possession, or permit anyone else to have in his or her possession, at or in the place
of business of such licensee, alcoholic beverages not authorized by law to be sold by such
licensee.
562.03. Storage on licensed premises.
It is unlawful for any vendor to store or keep any alcoholic beverages except for the
personal consumption of the vendor, the vendor’s family and guest in any building or
room other than the building or room shown in the diagram accompanying his or her
license application or in another building or room approved by the division.
562.06. Sale only on licensed premises.
Each license application shall describe the location of the place of business where
such beverage may be sold. It is unlawful to sell, or permit the sale of such beverage
except on the premises
covered by the license as described in the application therefor.
562.061. Misrepresentation of beverages sold on licensed premises.
It is unlawful for any licensee, his or her agent or employee knowingly to sell or
serve any beverage represented or purporting to be an alcoholic beverage which in fact is
not such beverage. It is further unlawful for any licensee knowingly to keep or store on
the licensed premises any bottles which are filled or contain liquid other than that stated
on the label of such bottle.
562.07. Illegal transportation of beverages.
It is unlawful for alcoholic beverages to be transported in quantities of more than 12
bottles except as follows:
By common carriers;
In the owned or leased vehicles of licensed vendors or any persons authorized in s.
561.57(3) transporting alcoholic beverage purchases from the distributor’s place of
business to the vendor’s licensed place of business or offpremises storage for alcoholic
beverages purchased and transported as provided for in the alcoholic beverage law;
By individuals who possess such beverages not for resale within the state;
By licensed manufacturers, distributors, or vendors transporting alcoholic beverages
pursuant to s. 561.57; and
By a vendor, distributor, pool buying agent, or salesperson of wine and spirits as
outlined in s. 561.57(4).
562.11. Selling, giving, or serving alcoholic beverages to person under age 21;
providing a proper name; misrepresenting or misstating age or age of another to
induce licensee to serve alcoholic beverages to person under 21; penalties.
(a) 1. A person may not sell, give, serve, or permit to be served alcoholic beverages
to a person under 21 years of age or permit a person under 21 years of age to consume
such beverages on the licensed premises. A person who violates this subparagraph
commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083. A person who violates this subparagraph a second or subsequent time within 1
year after a prior conviction commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
In addition to any other penalty imposed for a violation of subparagraph 1., the court
may order the Department of Highway Safety and Motor Vehicles to withhold the
issuance of, or suspend or revoke, the driver license or driving privilege, as provided in s.
322.057, of any person who violates subparagraph 1. This subparagraph does not apply to
a licensee, as defined in s. 561.01, who violates subparagraph 1. while acting within the
scope of his or her license or an employee or agent of a licensee, as defined in s. 561.01,
who violates subparagraph 1. while engaged within the scope of his or her employment
or agency.
A court that withholds the issuance of, or suspends or revokes, the driver license or
driving privilege of a person pursuant to subparagraph 2. may direct the Department of
Highway Safety and Motor Vehicles to issue the person a license for driving privilege
restricted to business purposes only, as
defined in s. 322.271, if he or she is otherwise qualified.
punishable as provided in s. 775.082 or s. 775.083.
Any person under the age of 17 years who violates such provisions shall be within
the jurisdiction of the judge of the circuit court and shall be dealt with as a juvenile
delinquent according to law.
In addition to any other penalty imposed for a violation of this subsection, if a person
uses a driver license or identification card issued by the Department of Highway Safety
and Motor Vehicles in violation of this subsection, the court:
May order the person to participate in public service or a community work project
for a period not to exceed 40 hours; and
Shall direct the Department of Highway Safety and Motor Vehicles to withhold
issuance of, or suspend or revoke, the person’s driver license or driving privilege, as
provided in s. 322.056.
Any person under the age of 21 years testifying in any criminal prosecution or in any
hearing before the division involving the violation by any other person of the provisions
of this section may, at the discretion of the prosecuting officer, be given full and
complete immunity from prosecution for any violation of law revealed in such testimony
that may be or may tend to be selfincriminating, and any such person under 21 years of
age so testifying, whether under subpoena or otherwise, shall be compelled to give any
such testimony in such prosecution or hearing for which immunity from prosecution
therefor is given.
This section does not apply to a person who gives, serves, or permits to be served an
alcoholic beverage to a student who is
at least 18 years of age, if the alcoholic beverage is delivered as part of the student’s
required curriculum at a postsecondary educational institution that is institutionally
accredited by an agency recognized by the United States Department of Education and is
licensed or exempt from licensure pursuant to the provisions of chapter 1005 or that is a
public postsecondary education institution; if the student is enrolled in the college and is
required to taste alcoholic beverages that are provided only for instructional purposes
during classes conducted under the supervision of authorized instructional personnel
pursuant to such a curriculum; if the alcoholic beverages are never offered for
consumption or imbibed by such a student and at all times remain in the possession and
control of such instructional personnel, who must be 21 years of age or older; and if each
participating student executes a waiver and consent in favor of the state and indemnifies
the state and holds it harmless.
562.111. Possession of alcoholic beverages by persons under age 21 prohibited.
It is unlawful for any person under the age of 21 years, except a person employed
under the provisions of s. 562.13 acting in the scope of her or his employment, to have in
her or his possession alcoholic beverages, except that nothing contained in this subsection
shall preclude the employment of any person 18 years of age or older in the sale,
preparation, or service of alcoholic beverages in licensed premises in any establishment
licensed by the Division of Alcoholic Beverages and Tobacco or the Division of Hotels
and Restaurants. Notwithstanding the provisions of s. 562.45, any person under the age of
21 who is convicted of a violation of this subsection is guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083;
however, any person under the age of 21 who has been convicted of a violation of this
subsection and who is thereafter convicted of a further violation of this subsection is,
upon conviction of the further offense, guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
The prohibition in this section against the possession of alcoholic beverages does not
apply to the tasting of alcoholic beverages by a student who is at least 18 years of age,
who is tasting the alcoholic beverages as part of the student’s required curriculum at a
postsecondary educational institution that is institutionally accredited by an agency
recognized by the United States Department of Education and that is licensed or exempt
from licensure pursuant to the provisions of chapter 1005 or is a public postsecondary
education institution; if the student is enrolled in the college and is tasting the alcoholic
beverages only for instructional purposes during classes that are part of such a
curriculum; if the student is allowed only to taste, but not consume or imbibe, the
alcoholic beverages; and if the alcoholic beverages at all times remain in the possession
and control of authorized instructional personnel of the college who are 21 years of age
or older.
In addition to any other penalty imposed for a violation of subsection (1), the court
shall direct the Department of Highway Safety and Motor Vehicles to withhold issuance
of, or suspend or revoke, the violator’s driver license or driving privilege, as provided in
s. 322.056.
562.12. Beverages sold with improper license, or without license or
registration, or held with intent to sell prohibited.
It is unlawful for any person to sell alcoholic beverages without a license, and it is
unlawful for any licensee to sell alcoholic beverages except as permitted by her or his
license, or to sell such beverages in any manner except that permitted by her or his
license; and any licensee or other person who keeps or possesses alcoholic beverages not
permitted to be sold by her or his license, or not permitted to be sold without a license,
with intent to sell or dispose of same unlawfully, or who keeps and maintains a place
where alcoholic beverages are sold unlawfully, is guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
It is unlawful for any person to operate as an exporter of alcoholic beverages within
the state without registering as an exporter pursuant to s. 561.17. Any person who
violates this subsection is guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
Upon the arrest of any licensee or other person charged with a violation of this
section, the arresting officer shall take into her or his custody all alcoholic beverages
found in the possession, custody, or control of the person arrested or, in the case of a
licensee, all alcoholic beverages not within the purview of her or his license, and safely
keep and preserve the same and have it forthcoming at any investigation, prosecution, or
other proceeding for the violation of this section and for the destruction of the same as
provided herein. Upon the conviction of the person arrested for a violation of this section,
the judge of the court trying the case, after notice to the person convicted and any other
person whom
the judge may be of the opinion is entitled to notice, as the judge may deem reasonable,
shall issue to the sheriff of the county, the division, or the authorized municipality a
written order adjudging and declaring the alcoholic beverages forfeited and directing the
sheriff, the division, or the authorized municipality to dispose of the alcoholic beverages
as provided in s. 562.44 or s. 568.10.
562.121. Operating bottle club without license prohibited.
It is unlawful for any person to operate a bottle club without the license required by s.
561.14(6). Any person convicted of a violation of this section is guilty of a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s. 775.083.
562.13. Employment of minors or certain other persons by certain vendors
prohibited; exceptions.
Unless otherwise provided in this section, it is unlawful for any vendor licensed
under the Beverage Law to employ any person under 18 years of age.
This section shall not apply to:
Professional entertainers 17 years of age who are not in school.
Minors employed in the entertainment industry, as defined by s. 450.012(5), who
have either been granted a waiver under s. 450.095 or employed under the terms of s.
450.132 or under rules adopted pursuant to either of these sections.
Persons under the age of 18 years who are employed in drugstores, grocery stores,
department stores, florists, specialty
gift shops, or automobile service stations which have obtained licenses to sell beer or
beer and wine, when such sales are made for consumption off the premises.
Persons 17 years of age or over or any person furnishing evidence that he or she is a
senior high school student with written permission of the principal of said senior high
school or that he or she is a senior high school graduate, or any high school graduate,
employed by a bona fide food service establishment where alcoholic beverages are sold,
provided such persons do not participate in the sale, preparation, or service of the
beverages and that their duties are of such nature as to provide them with training and
knowledge as might lead to further advancement in food service establishments.
Persons under the age of 18 years employed as bellhops, elevator operators, and
others in hotels when such employees are engaged in work apart from the portion of the
hotel property where alcoholic beverages are offered for sale for consumption on the
premises.
Persons under the age of 18 years employed in bowling alleys in which alcoholic
beverages are sold or consumed, so long as such minors do not participate in the sale,
preparation, or service of such beverages.
Persons under the age of 18 years employed by a bona fide dinner theater as defined
in this paragraph, as long as their employment is limited to the services of an actor,
actress, or musician. For the purposes of this paragraph, a dinner theater means a theater
presenting consecutive productions playing no less than 3 weeks each in conjunction with
dinner service on a
regular basis. In addition, both events must occur in the same room, and the only
advertised price of admission must include both the cost of the meal and the attendance at
the performance.
Persons under the age of 18 years who are employed in places of business licensed
under s. 565.02(6), provided such persons do not participate in the sale, preparation, or
service of alcoholic beverages.
However, a minor to whom this subsection otherwise applies may not be employed if
the employment, whether as a professional entertainer or otherwise, involves nudity, as
defined in s. 847.001, on the part of the minor and such nudity is intended as a form of
adult entertainment.
(a) It is unlawful for any vendor licensed under the beverage law to employ as a
manager or person in charge or as a bartender any person:
Who has been convicted within the last past 5 years of any offense against the
beverage laws of this state, the United States, or any other state.
Who has been convicted within the last past 5 years in this state or any other state or
the United States of soliciting for prostitution, pandering, letting premises for
prostitution, keeping a disorderly place, or any felony violation of chapter 893 or the
controlled substances act of any other state or the Federal Government.
Who has, in the last past 5 years, been convicted of any felony in this state, any other
state, or the United States.
The term “conviction” shall include an adjudication of guilt on
a plea of guilty or nolo contendere or forfeiture of a bond when such person is charged
with a crime.
This subsection shall not apply to any vendor licensed under the provisions of s.
563.02(1)(a) or s. 564.02(1)(a).
562.131. Solicitation for sale of alcoholic beverage prohibited;
penalty.
It is unlawful for any licensee, his or her employee, agent, servant, or any entertainer
employed at the licensed premises or employed on a contractual basis to entertain,
perform or work upon the licensed premises to beg or solicit any patron or customer
thereof or visitor in any licensed premises to purchase any beverage, alcoholic or
otherwise, for such licensee’s employee, agent, servant, or entertainer.
It is unlawful for any licensee, his or her employee, agent, or servant to knowingly
permit any person to loiter in or about the licensed premises for the purpose of begging or
soliciting any patron or customer of, or visitor in, such premises to purchase any
beverage, alcoholic or otherwise.
Any violation of this section is a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
562.14. Regulating the time for sale of alcoholic and intoxicating beverages;
prohibiting use of licensed premises.
Except as otherwise provided by county or municipal ordinance, no alcoholic
beverages may be sold, consumed, served, or permitted to be served or consumed in any
place holding a license under the division between the hours of midnight and 7
a.m. of the following day. This section shall not apply to railroads selling only to
passengers for consumption on railroad cars.
Except as otherwise provided by county or municipal ordinance, no vendor issued an
alcoholic beverage license to sell alcoholic beverages for consumption on the vendor’s
licensed premises and whose principal business is the sale of alcoholic beverages, shall
allow the licensed premises, as defined in s. 561.01(11), to be rented, leased, or otherwise
used during the hours in which the sale of alcoholic beverages is prohibited. However,
this prohibition shall not apply to the rental, lease, or other use of the licensed premises
on Sundays after 8 a.m. Further, neither this subsection, nor any local ordinance adopted
pursuant to this subsection, shall be construed to apply to a theme park complex as
defined in s. 565.02(6) or an entertainment/resort complex as defined in s. 561.01(18).
The division shall not be responsible for the enforcement of the hours of sale
established by county or municipal ordinance.
Any person violating this section shall be guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
562.15. Unlawful possession; unpaid taxes.
It is unlawful for any person to own or possess within this state any alcoholic
beverage, unless full compliance has been had with the pertinent provisions of the
Beverage Law as to payment of excise taxes on beverages of like alcohol content.
However, this section shall not apply:
To manufacturers or distributors licensed under the
Beverage Law, to state bonded warehouses, or to common carriers; or
To persons possessing not in excess of 1 gallon of such beverages if the beverage
shall have been purchased by said possessor outside of the state in accordance with the
laws of the place where purchased and shall have been brought into this state by said
possessor. The burden of proof that such beverages were purchased outside the state and
in accordance with the laws of the place where purchased shall in all cases be upon the
possessor of such beverages.
562.16. Possession of beverages upon which tax is unpaid.
Any person or corporation who shall own or have in her or his or its possession any
beverage upon which a tax is imposed by the Beverage Law, or which would be imposed
if such beverage were manufactured in or brought into this state in accordance with the
regulatory provisions of the Beverage Law, and upon which such tax has not been paid
shall, in addition to the fines and penalties otherwise provided in the Beverage Law, be
personally liable for the amount of the tax imposed on such beverage, and the division
may collect such tax from such person by suit or otherwise; provided, that this section
shall not apply to manufacturers or distributors licensed under the Beverage Law, to state
bonded warehouses or to common carriers; provided, further, this section shall not apply
to persons possessing not in excess of 1 gallon of such beverages; provided, the beverage
shall have been purchased by said possessor outside of the state in accordance with the
laws of the place where purchased and shall have been brought into this state by said
possessor. The burden of proof that such
beverages were purchased outside the state and in accordance with the laws of the place
where purchased in all cases shall be upon the possessor of such beverages.
562.18. Possession of beverage upon which federal tax unpaid.
It is unlawful for any person to have in her or his possession within this state any
alcoholic beverage on which a federal excise tax is required to be paid, unless such
federal excise tax has been paid as to such beverage.
562.23. Conspiracy to violate Beverage Law; penalty.
If two or more persons shall conspire to do any act which is in violation of any of the
provisions of the Beverage Law, and one or more of such persons do any act to effect the
object of the conspiracy, each of the parties to such conspiracy, if the act so conspired to
be done would be a misdemeanor under the provisions of the Beverage Law, shall be
guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083, or, if the act so conspired to be done would be a felony under the provisions of
the Beverage Law, shall be guilty of a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
562.27. Seizure and forfeiture.
It is unlawful for any person to have in her or his possession, custody, or control, or
to own, make, construct, or repair, any still, still piping, still apparatus, or still worm, or
any piece or part thereof, designed or adapted for the manufacture of
an alcoholic beverage, or to have in her or his possession, custody or control any
receptacle or container containing any mash, wort, or wash, or other fermented liquids
whatever capable of being distilled or manufactured into an alcoholic beverage, unless
such possession, custody, control, ownership, manufacture, construction, or repairing be
by or for a person authorized by law to manufacture such alcoholic beverage.
It is unlawful for any person to have in her or his possession, custody, or control any
raw materials or substance intended to be used in the distillation or manufacturing of an
alcoholic beverage unless the person holds a license from the state authorizing the
manufacture of the alcoholic beverage.
The terms “raw material” or “substance” for the purpose of this chapter shall mean
and include, but not be limited to, any of the following: Any grade or type of sugar,
syrup, or molasses derived from sugarcane, sugar beets, corn, sorghum, or any other
source; starch; potatoes; grain or cornmeal, corn chops, cracked corn, rye chops,
middlings, shorts, bran, or any other grain derivative; malt; malt sugar or malt syrup; oak
chips, charred or not charred; yeast; cider; honey; fruit; grapes; berries; fruit, grape or
berry juices or concentrates; wine; caramel; burnt sugar; gin flavor; Chinese bean cake or
Chinese wine cake; urea; ammonium phosphate, ammonium carbonate, ammonium
sulphate, or any other yeast food; ethyl acetate or any other ethyl ester; any other material
of the character used in the manufacture of distilled spirits or any chemical or other
material suitable for promoting or accelerating fermentation; any chemical or material of
the character used in the production of distilled spirits by chemical reaction; or any
combination of such materials or chemicals.
Any such raw materials, substance, or any still, still piping, still apparatus, or still worm,
or any piece or part thereof, or any mash, wort, or wash, or other fermented liquid and the
receptacle or container thereof, and any alcoholic beverage, together with all personal
property used to facilitate the manufacture or production of the alcoholic beverage or to
facilitate the violation of the alcoholic beverage control laws of this state or the United States,
may be seized by the division or by any sheriff or deputy sheriff and shall be forfeited to the
state.
It shall be unlawful for any person to sell or otherwise dispose of raw materials or other
substances knowing same are to be used in the distillation or manufacture of an alcoholic
beverage unless such person receiving same, by purchase or otherwise, holds a license from
the state authorizing the manufacture of such alcoholic beverage.
Any vehicle, vessel, or aircraft used in the transportation or removal of or for the deposit
or concealment of any illicit liquor still or stilling apparatus; any mash, wort, wash, or other
fermented liquids capable of being distilled or manufactured into an alcoholic beverage; or
any alcoholic beverage commonly known and referred to as “moonshine whiskey” shall be
seized and may be forfeited as provided by the Florida Contraband Forfeiture Act. Any
sheriff, deputy sheriff, employee of the division, or police officer may seize any of the
vehicles, vessels, or conveyances, and the same may be forfeited as provided by law.
The finding of any still, still piping, still apparatus, or still worm, or any piece or part
thereof, or any mash, wort, or wash or other fermented liquids in the dwelling house or place
of business,
or so near thereto as to lead to the reasonable belief that they are within the possession,
custody, or control of the occupants of the dwelling house or place of business, shall be
prima facie evidence of a violation of this section by the occupants of the dwelling house
or place of business.
Any person violating any provisions of this section of the law shall be guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
562.28. Possession of beverages in fraud of Beverage Law.
All beverages on which taxes are imposed by the Beverage Law or would be imposed
if such beverages were manufactured in or brought into this state in accordance with the
regulatory provisions of such law, which shall be found in the possession, or custody, or
within the control of any person, for the purpose of being sold or removed by her or him
in fraud of the Beverage Law, or with design to evade payment of said taxes, may be
seized by the division or any sheriff or deputy sheriff and shall be forfeited to the state.
562.29. Raw materials and personal property; seizure and forfeiture.
All raw materials found in the possession of any person intending to manufacture the
same into a beverage subject to tax under the Beverage Law, or into a beverage which
would be subject to tax under such law if manufactured in accordance with the regulatory
provisions thereof, for the purpose of fraudulently selling such manufactured beverage, or
with the design to evade the payment of said tax; and all tools, implements, instruments,
and personal property whatsoever, in the place or building or within any yard or
enclosure or in the vicinity where such beverage or raw materials are found, may also be
seized by the division or any sheriff or deputy sheriff, and shall be forfeited as aforesaid.
562.30. Possession of beverage prima facie evidence; exception.
The possession by any person, except a licensed manufacturer or distributor, a state
bonded warehouse, or a common carrier, of any beverage which is taxable under the
Beverage Law, or which would be taxable thereunder if such beverage were
manufactured in or brought into the state in accordance with the regulatory provisions
thereof, and upon which the tax has not been paid, shall be prima facie evidence that such
beverage has been manufactured, or is being sold, removed, or concealed with design to
evade payment of such tax.
562.32. Moving or concealing beverage with intent to defraud state
of tax; penalty.
Every person who removes, deposits, or conceals, or is concerned in removing,
depositing, or concealing any beverage for or in respect whereof any tax is imposed by
the Beverage Law or would be imposed if such beverage were manufactured in or
brought into this state in accordance with the regulatory provisions thereof, with intent to
defraud the state of such tax or any part thereof, shall be guilty of a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
562.33. Beverage and personal property; seizure and forfeiture.
Whenever any beverage on which any tax is imposed by the Beverage Law or would
be imposed if such beverage were manufactured in or brought into this state in
accordance with the regulatory provisions thereof, or any materials, utensils, or vessels
proper, or other personal property whatsoever, intended to be made use of for or in the
manufacture of such beverage are removed, or are deposited or concealed in any place,
with intent to defraud the state of such tax, or any part thereof, all such beverages and all
such materials, utensils, vessels, or other personal property whatsoever, may be seized by
the division or any sheriff or deputy sheriff and shall be forfeited to the state.
562.34. Containers; seizure and forfeiture.
It shall be unlawful for any person to have in her or his possession, custody, or
control any cans, jugs, jars, bottles, vessels, or any other type of containers which are
being used, are intended to be used, or are known by the possessor to have been used to
bottle or package alcoholic beverages; however, this provision shall not apply to any
person properly licensed to bottle or package such alcoholic beverages or to any person
intending to dispose of such containers to a person, firm, or corporation properly licensed
to bottle or package such alcoholic beverages.
It shall be unlawful for any person to sell or otherwise dispose of any cans, jugs, jars,
bottles, vessels, or any other type of containers, knowing that such are to be used in the
bottling or packaging of alcoholic beverages, unless the person receiving same, by
purchase or otherwise, shall hold a license to
manufacture or distribute such alcoholic beverages.
It shall be unlawful for any person to transport any cans, jugs, jars, bottles, vessels, or
any other type of containers intended to be used to bottle or package alcoholic beverages;
however, this section shall not apply to any firm or corporation holding a license to
manufacture or distribute such alcoholic beverages and shall not apply to any person
transporting such containers to any person, firm, or corporation holding a license to
manufacture or distribute such alcoholic beverages.
Any person violating any provision of this section of the law shall be guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any such cans, jugs, jars, bottles, vessels, or any other type of container found in the
possession, custody, or control of any person which are being used or are intended to be
used or to be disposed of in violation of this section shall be seized by the division,
sheriffs, or deputy sheriffs and shall be forfeited to the state.
Notwithstanding the provisions of this section, it shall not be unlawful for any person
to have in her or his possession, custody, or control a growler as described in s.
563.06(7), either full or empty, or to transport such growler.
562.35. Conveyance; seizure and forfeiture.
Every vehicle, vessel, or aircraft used in the transportation or removal of, or for the
deposit or concealment of, any mash, wort, or wash or other fermented liquids, any
moonshine whiskey, or any raw materials used to manufacture illicit liquors, utensils, or
stills and stilling apparatus shall be seized and may be forfeited as provided by the
Florida Contraband Forfeiture Act.
562.36. Beverage on conveyance prima facie evidence; proviso.
The presence, in any conveyance or place, of any beverage upon which a tax is
imposed by the Beverage Law or would be imposed if such beverage were manufactured
in or brought into this state in accordance with the regulatory provisions thereof, and
upon which the tax has not been paid, shall be prima facie evidence that such beverage is
being removed, deposited, or concealed with intent to defraud the state of such tax;
provided, that the provisions of this section shall not apply to any conveyance or any
place owned by, or in the possession, custody, or control of a licensed manufacturer or
distributor, a state bonded warehouse, or a common carrier.
562.38. Report of seizures.
Any sheriff, deputy sheriff, or police officer, upon the seizure of any property under
this act, shall promptly report such seizure to the division or its representative, together
with a description of all such property seized so that the state may be kept informed as to
the size and magnitude of the illicit liquor business.
562.41. Searches; penalty.
employees of the division and also by sheriffs, deputy sheriffs, and police officers during
business hours or at any other time such premises are occupied by the licensee or other
persons.
562.45. Penalties for violating Beverage Law; local ordinances;
prohibiting regulation of certain activities or business transactions;
requiring nondiscriminatory treatment; providing exceptions.
Any person willfully and knowingly making any false entries in any records required
under the Beverage Law or willfully violating any of the provisions of the Beverage Law,
concerning the excise tax herein provided for shall be guilty of a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. It is unlawful for
any person to violate any provision of the Beverage Law, and any person who violates
any provision of the Beverage Law for which no penalty has been provided shall be
guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083; provided, that any person who shall have been convicted of a violation of any
provision of the Beverage Law and shall thereafter be convicted of a further violation of
the Beverage Law, shall, upon conviction of said further offense, be guilty of a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(a) Nothing contained in the Beverage Law shall be construed to affect or impair the
power or right of any county or incorporated municipality of the state to enact ordinances
regulating the hours of business and location of place of business, and prescribing
sanitary regulations therefor, of any licensee under the Beverage Law within the county
or corporate limits of
such municipality. However, except for premises licensed on or before July 1, 1999, and
except for locations that are licensed as restaurants, which derive at least 51 percent of
their gross revenues from the sale of food and nonalcoholic beverages, pursuant to
chapter 509, a location for onpremises consumption of alcoholic beverages may not be
located within 500 feet of the real property that comprises a public or private elementary
school, middle school, or secondary school unless the county or municipality approves
the location as promoting the public health, safety, and general welfare of the community
under proceedings as provided in s. 125.66(4), for counties, and s. 166.041(3)(c), for
municipalities. This restriction shall not, however, be construed to prohibit the issuance
of temporary permits to certain nonprofit organizations as provided for in s. 561.422. The
division may not issue a change in the series of a license or approve a change of a
licensee’s location unless the licensee provides documentation of proper zoning from the
appropriate county or municipal zoning authorities.
Nothing in the Beverage Law shall be construed to affect or impair the power or right
of any county or incorporated municipality of the state to enact ordinances regulating the
type of entertainment and conduct permitted in any establishment licensed under the
Beverage Law to sell alcoholic beverages for consumption on the premises, or any bottle
club licensed under s. 561.14, which is located within such county or municipality.
A county or municipality may not enact any ordinance that regulates or prohibits
those activities or business transactions of a licensee regulated by the Division of
Alcoholic Beverages and Tobacco under the Beverage Law. Except as otherwise
provided
in the Beverage Law, a local government, when enacting ordinances designed to promote
and protect the general health, safety, and welfare of the public, shall treat a licensee in a
nondiscriminatory manner and in a manner that is consistent with the manner of
treatment of any other lawful business transacted in this state. Nothing in this section
shall be construed to affect or impair the enactment or enforcement by a county or
municipality of any zoning, land development or comprehensive plan regulation or other
ordinance authorized under ss. 1, 2, and 5, Art. VIII of the State Constitution.
562.451. Moonshine whiskey; ownership, possession, or control
prohibited; penalties; rule of evidence.
Any person who owns or has in her or his possession or under her or his control less
than 1 gallon of liquor, as defined in the Beverage Law, which was not made or
manufactured in accordance with the laws in effect at the time when and place where the
same was made or manufactured shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
Any person who owns or has in her or his possession or under her or his control 1
gallon or more of liquor, as defined in the Beverage Law, which was not made or
manufactured in accordance with the laws in effect at the time when and place where the
same was made or manufactured shall be guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
In any prosecution under this section, proof that the liquor involved is what is
commonly known as moonshine whiskey shall
be prima facie evidence that the same was not made or manufactured in accordance with
the laws in effect at the time when and place where the same was made or manufactured.
562.452. Curb service of intoxicating liquor prohibited.
It is unlawful for any person to sell or serve, by the drink, any intoxicating liquor,
other than malt beverages of legal alcoholic content, except within the building and
licensed premises as provided in ss. 562.06 and 565.02(1)(g) which is the address of the
person holding a license for the sale of such intoxicating liquor. However, nothing in this
section shall be construed to permit the practice of curb or drivein service in connection
with such intoxicating liquors when sold by the drink or the sale of intoxicating liquors in
parking lots; provided, however, that nothing in this section contained shall be construed
to prevent the regular delivery by licensed dealers of sealed containers containing such
intoxicating liquors.
562.453. Curb drinking of intoxicating liquor prohibited.
It is unlawful for any person to consume any intoxicating liquor, except malt
beverages of legal alcoholic content, at curb or drivein stands, except within the building
which is the address of the person holding a license for the sale of such intoxicating
liquors.
562.454. Vendors to be closed in time of riot.
Whenever any riot or gathering of a mob occurs in any area of this state, all persons
in the area who sell alcoholic beverages shall, upon being so ordered by proclamation as
provided herein,
immediately stop the sale of alcoholic beverages and immediately close all barrooms,
saloons, shops, or other places where any other alcoholic beverages are sold and keep
them closed and refrain from selling, bartering, lending, or giving away any alcoholic
beverages until such time as public notice shall be given by the sheriff of the county or
the mayor of any city, town, or village where any riot or mob action may have occurred
that such places may be opened and the sale of alcoholic beverages resumed.
Whenever any riot has occurred or mob has gathered, or there is a reasonable cause
to apprehend the occurrence of such events in any area of the state, the mayor or county
commission shall immediately issue a proclamation ordering the suspension of sale of
alcoholic beverages and the closing of the places described in subsection (1) until such
time as the public peace and safety no longer requires such restrictions.
None of the provisions of this section shall require the closing of any store, shop,
restaurant, gasoline service station, or other place or establishment in which alcoholic
beverages are sold by the drink for consumption on the premises or as items in a stock of
varied merchandise for sale to the general public, but all sales of such alcoholic
beverages shall be suspended, and all bars, cocktail lounges, and other areas maintained
for the sale or service of such beverages in such stores, shops, restaurants, gasoline
service stations, and other such places or establishments shall be closed during any riot,
gathering of a mob, or other occurrence contemplated in subsections (1) and (2).
Any person who knowingly violates any of the provisions of this section or the
proclamation or permits any person in his or
her employ to do so or connives with any other person to evade the terms of such
proclamation shall be guilty of a misdemeanor of the first degree, punishable as provided
in s. 775.082 or s. 775.083.
562.455. Adulterating liquor; penalty.
Whoever adulterates, for the purpose of sale, any liquor, used or intended for drink,
with cocculus indicus, vitriol, grains of paradise, opium, alum, capsicum, copperas, laurel
water, logwood, brazil wood, cochineal, sugar of lead, or any other substance which is
poisonous or injurious to health, and whoever knowingly sells any liquor so adulterated,
shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
562.48. Minors patronizing, visiting, or loitering in a dance hall.
Any person operating any dance hall in connection with the operation of any place of
business where any alcoholic beverage is sold who shall knowingly permit or allow any
person under the age of 18 years to patronize, visit, or loiter in any such dance hall or
place of business, unless such minor is attended by one or both of his or her parents or by
his or her natural guardian, shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
562.50. Habitual drunkards; furnishing intoxicants to, after notice.
Any person who shall sell, give away, dispose of, exchange, or
barter any alcoholic beverage, or any essence, extract, bitters, preparation, compound,
composition, or any article whatsoever under any name, label, or brand, which produces
intoxication, to any person habitually addicted to the use of any or all such intoxicating
liquors, after having been given written notice by wife, husband, father, mother, sister,
brother, child, or nearest relative that said person so addicted is an habitual drunkard and
that the use of intoxicating drink or drinks is working an injury to the person using said
liquors, or to the person giving said written notice, shall be guilty of a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s. 775.083.
CHAPTER 588
LEGAL FENCES AND LIVESTOCK AT LARGE
588.24. Penalty.
603.161. Sales certificates, work orders to accompany certain fruit.
This section applies to tropical or subtropical fruit. “Tropical or subtropical fruit”
means avocados, bananas, calamondins, carambolas, guavas, kumquats, limes, longans,
loquats, lychees, mameys, mangoes, papayas, passion fruit, sapodillas, and fruit that must
be grown in tropical or semitropical regions, except citrus fruit as defined in s. 601.03.
Every purchaser of more than one bushel or crate of tropical or semitropical fruit at
the point of growth shall obtain a sales certificate from the grower who shall prepare and
furnish such certificates. The sales certificate shall accompany the fruit from the point of
growth to the final processor or wholesaler who will offer for retail sale and such
processor or wholesaler shall keep the sales certificate for inspection upon request by a
peace officer for 1 year from date of purchase.
The sales certificate shall indicate the name, address and telephone number of the
grower from whom the fruit was purchased; the species, variety and amount purchased;
and for the purchaser and each subsequent purchaser, her or his name, address and
telephone number, date of purchase and driver license number; if the fruit is transported
by other than the owner, the name of the transporting company and the make, type and
license number of the vehicle transporting the fruit. The grower shall keep a copy of the
sales certificate for 1 year from date of the purchase. The Commissioner of Agriculture,
according to
requirements of this section, shall prescribe the form of sales certificates.
All firms or individuals transporting fruit for handlers, packinghouses or processors
shall obtain a work order from the dispatcher of the named organizations which must
remain in the possession of the driver to the point of pickup and thereafter with the fruit
until delivered. The form of the work order shall be prescribed by the Commissioner of
Agriculture and shall indicate the name of firm or individual transporting fruit, date,
grove destination, time for pickup, truck number, number of crates, variety of fruit, name
of packinghouse or other place where fruit is to be delivered, driver’s name, driver
license number and the name of the truck dispatcher.
Violation of the provisions of this section shall constitute a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
CHAPTER 713
LIENS, GENERALLY
713.68. Liens for hotels, apartment houses, roominghouses, boardinghouses,
etc.
In favor of any person conducting or operating any hotel, apartment house,
roominghouse, boardinghouse or tenement house where rooms or apartments are let for
hire or rental on a transient basis. Such lien shall exist on all the property including
trunks, baggage, jewelry and wearing apparel, guns and sporting goods, furniture and
furnishings and other personal property of any person which property is brought into or
placed in any room or apartment of any hotel, apartment house, lodginghouse,
roominghouse, boardinghouse or tenement house when such person shall occupy, on a
transient basis, such room or apartment as tenant, lessee, boarder, roomer or guest for the
privilege of which occupancy money or anything of value is to be paid to the person
conducting or operating such hotel, apartment house, roominghouse, lodginghouse,
boardinghouse or tenement house. Such lien shall continue and be in full force and effect
for the amount payable for such occupancy until the same shall have been fully paid and
discharged.
713.69. Unlawful to remove property upon which lien has accrued.
It is unlawful for any person to remove any property upon which a lien has accrued
under the provisions of s. 713.68 from any hotel, apartment house, roominghouse,
lodginghouse, boardinghouse or tenement house without first making full
payment to the person operating or conducting the same of all sums due and payable for
such occupancy or without first having the written consent of such person so conducting
or operating such place to so remove such property. Any person violating the provisions
of this section shall, if the property removed in violation hereof be of the value of $50 or
less, be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083; and if the property so removed should be of greater value than $50
then such person shall be guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
CHAPTER 741
MARRIAGE; DOMESTIC VIOLENCE
741.28. Domestic violence; definitions.
As used in ss. 741.28741.31:
“ Department” means the Florida Department of Law Enforcement.
“ Domestic violence” means any assault, aggravated assault, battery, aggravated
battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false
imprisonment, or any criminal offense resulting in physical injury or death of one family
or household member by another family or household member.
“ Family or household member” means spouses, former spouses, persons related by
blood or marriage, persons who are presently residing together as if a family or who have
resided together in the past as if a family, and persons who are parents of a child in
common regardless of whether they have been married. With the exception of persons
who have a child in common, the family or household members must be currently
residing or have in the past resided together in the same single dwelling unit.
“ Law enforcement officer” means any person who is elected, appointed, or employed
by any municipality or the state or any political subdivision thereof who meets the
minimum qualifications established in s. 943.13 and is certified as a law enforcement
officer under s. 943.1395.
741.283. Minimum term of imprisonment for domestic
violence.
If a person is adjudicated guilty of a crime of domestic violence, as defined in s.
741.28, and the person has intentionally caused bodily harm to another person, the court
shall order the person to serve a minimum of 5 days in the county jail as part of the
sentence imposed, unless the court sentences the person to a nonsuspended period of
incarceration in a state correctional facility. This section does not preclude the court from
sentencing the person to probation, community control, or an additional period of
incarceration.
741.29. Domestic violence; investigation of incidents; notice to victims of legal
rights and remedies; reporting.
Any law enforcement officer who investigates an alleged incident of domestic
violence shall assist the victim to obtain medical treatment if such is required as a result
of the alleged incident to which the officer responds. Any law enforcement officer who
investigates an alleged incident of domestic violence shall advise the victim of such
violence that there is a domestic violence center from which the victim may receive
services. The law enforcement officer shall give the victim immediate notice of the legal
rights and remedies available on a standard form developed and distributed by the
department. As necessary, the department shall revise the Legal Rights and Remedies
Notice to Victims to include a general summary of s. 741.30 using simple English as well
as Spanish, and shall distribute the notice as a model form to be used by all law
enforcement agencies throughout the state. The notice shall include:
The resource listing, including telephone number, for the
area domestic violence center designated by the Department of Children and Families;
and
A copy of the following statement: “IF YOU ARE THE VICTIM OF DOMESTIC
VIOLENCE, you may ask the state attorney to file a criminal complaint. You also have
the right to go to court and file a petition requesting an injunction for protection from
domestic violence which may include, but need not be limited to, provisions which
restrain the abuser from further acts of abuse; direct the abuser to leave your household;
prevent the abuser from entering your residence, school, business, or place of
employment; award you custody of your minor child or children; and direct the abuser to
pay support to you and the minor children if the abuser has a legal obligation to do so.”
When a law enforcement officer investigates an allegation that an incident of
domestic violence has occurred, the officer shall handle the incident pursuant to the arrest
policy provided in s. 901.15(7), and as developed in accordance with subsections (3),
(4), and (5). Whether or not an arrest is made, the officer shall make a written police
report that is complete and clearly indicates the alleged offense was an incident of
domestic violence. Such report shall be given to the officer’s supervisor and filed with
the law enforcement agency in a manner that will permit data on domestic violence cases
to be compiled. Such report must include:
A description of physical injuries observed, if any.
If a law enforcement officer decides not to make an arrest or decides to arrest two or
more parties, the officer shall include in the report the grounds for not arresting anyone or
for arresting two or more parties.
A statement which indicates that a copy of the legal rights and remedies notice was
given to the victim.
Whenever possible, the law enforcement officer shall obtain a written statement from
the victim and witnesses concerning the alleged domestic violence. The officer shall
submit the report to the supervisor or other person to whom the employer’s rules or
policies require reports of similar allegations of criminal activity to be made. The law
enforcement agency shall, without charge, send a copy of the initial police report, as well
as any subsequent, supplemental, or related report, which excludes victim/witness
statements or other materials that are part of an active criminal investigation and are
exempt from disclosure under chapter 119, to the nearest locally certified domestic
violence center within 24 hours after the agency’s receipt of the report. The report
furnished to the domestic violence center must include a narrative description of the
domestic violence incident.
Whenever a law enforcement officer determines upon probable cause that an act of
domestic violence has been committed within the jurisdiction the officer may arrest the
person or persons suspected of its commission and charge such person or persons with
the appropriate crime. The decision to arrest and charge shall not require consent of the
victim or consideration of the relationship of the parties.
(a) When complaints are received from two or more parties, the officers shall
evaluate each complaint separately to determine whether there is probable cause for
arrest.
If a law enforcement officer has probable cause to believe that two or more persons
have committed a misdemeanor or
felony, or if two or more persons make complaints to the officer, the officer shall try to
determine who was the primary aggressor. Arrest is the preferred response only with
respect to the primary aggressor and not the preferred response with respect to a person
who acts in a reasonable manner to protect or defend oneself or another family or
household member from domestic violence.
No law enforcement officer shall be held liable, in any civil action, for an arrest
based on probable cause, enforcement in good faith of a court order, or service of process
in good faith under this chapter arising from an alleged incident of domestic violence
brought by any party to the incident.
A person who willfully violates a condition of pretrial release provided in s. 903.047,
when the original arrest was for an act of domestic violence as defined in s. 741.28,
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083, and shall be held in custody until his or her first appearance.
741.30. Domestic violence; injunction; powers and duties of court and clerk;
petition; notice and hearing; temporary injunction; issuance of injunction;
statewide verification system; enforcement; public records exemption.
There is created a cause of action for an injunction for protection against domestic
violence.
Any person described in paragraph (e), who is either the victim of domestic violence
as defined in s. 741.28 or has reasonable cause to believe he or she is in imminent danger
of becoming the victim of any act of domestic violence, has standing
in the circuit court to file a sworn petition for an injunction for protection against
domestic violence.
This cause of action for an injunction may be sought whether or not any other cause
of action is currently pending between the parties. However, the pendency of any such
cause of action shall be alleged in the petition.
In the event a subsequent cause of action is filed under chapter 61, any orders entered
therein shall take precedence over any inconsistent provisions of an injunction issued
under this section which addresses matters governed by chapter 61.
A person’s right to petition for an injunction shall not be affected by such person
having left a residence or household to avoid domestic violence.
This cause of action for an injunction may be sought by family or household
members. No person shall be precluded from seeking injunctive relief pursuant to this
chapter solely on the basis that such person is not a spouse.
This cause of action for an injunction shall not require that either party be represented
by an attorney.
Any person, including an officer of the court, who offers evidence or
recommendations relating to the cause of action must either present the evidence or
recommendations in writing to the court with copies to each party and their attorney, or
must present the evidence under oath at a hearing at which all parties are present.
Nothing in this section shall affect the title to any real
estate.
The court is prohibited from issuing mutual orders of protection. This does not
preclude the court from issuing separate injunctions for protection against domestic
violence where each party has complied with the provisions of this section. Compliance
with the provisions of this section cannot be waived.
Notwithstanding any provision of chapter 47, a petition for an injunction for
protection against domestic violence may be filed in the circuit where the petitioner
currently or temporarily resides, where the respondent resides, or where the domestic
violence occurred. There is no minimum requirement of residency to petition for an
injunction for protection.
(a) Notwithstanding any other provision of law, the assessment of a filing fee for a
petition for protection against domestic violence is prohibited effective October 1, 2002.
However, subject to legislative appropriation, the clerk of the circuit court may, on a
quarterly basis, submit to the Office of the State Courts Administrator a certified request
for reimbursement for petitions for protection against domestic violence issued by the
court, at the rate of $40 per petition. The request for reimbursement shall be submitted in
the form and manner prescribed by the Office of the State Courts Administrator. From
this reimbursement, the clerk shall pay any law enforcement agency serving the
injunction the fee requested by the law enforcement agency; however, this fee shall not
exceed $20.
No bond shall be required by the court for the entry of an injunction.
1. The clerk of the court shall assist petitioners in seeking both injunctions for
protection against domestic violence and
enforcement for a violation thereof as specified in this section.
All clerks’ offices shall provide simplified petition forms for the injunction, any
modifications, and the enforcement thereof, including instructions for completion.
The clerk of the court shall advise petitioners of the opportunity to apply for a
certificate of indigence in lieu of prepayment for the cost of the filing fee, as provided in
paragraph
(a).
The clerk of the court shall ensure the petitioner’s privacy to the extent practical
while completing the forms for injunctions for protection against domestic violence.
The clerk of the court shall provide petitioners with a minimum of two certified
copies of the order of injunction, one of which is serviceable and will inform the
petitioner of the process for service and enforcement.
Clerks of court and appropriate staff in each county shall receive training in the
effective assistance of petitioners as provided or approved by the Florida Association of
Court Clerks.
The clerk of the court in each county shall make available informational brochures on
domestic violence when such brochures are provided by local certified domestic violence
centers.
The clerk of the court in each county shall distribute a statewide uniform
informational brochure to petitioners at the time of filing for an injunction for protection
against domestic or repeat violence when such brochures become available. The brochure
must include information about the effect of giving the
court false information about domestic violence.
(a) The sworn petition shall allege the existence of such domestic violence and shall
include the specific facts and circumstances upon the basis of which relief is sought.
The sworn petition shall be in substantially the following
form:
PETITION FOR INJUNCTION FOR PROTECTION AGAINST DOMESTIC
VIOLENCE
(Petitioner may furnish address to the court in a separate confidential filing if, for
safety reasons, the petitioner requires the location of the current residence to be
confidential.)
Respondent resides at: __________ (last known address)
Respondent’s last known place of employment:
__________ (name of business and address)
Physical description of respondent:
Race __________
Sex __________
Date of birth __________
Height __________
Weight __________
Eye color __________
Hair color __________
Distinguishing marks or scars __________
Aliases of respondent: __________
Respondent is the spouse or former spouse of the petitioner or is any other person
related by blood or marriage to the petitioner or is any other person who is or was
residing within a single dwelling unit with the petitioner, as if a family, or is a person
with whom the petitioner has a child in common, regardless of whether the petitioner and
respondent are or were married or residing together, as if a family.
The following describes any other cause of action currently pending between the
petitioner and respondent: __________
The petitioner should also describe any previous or pending attempts by the
petitioner to obtain an injunction for protection against domestic violence in this or any
other circuit, and the results of that attempt
Case numbers should be included if available.
Petitioner is either a victim of domestic violence or has reasonable cause to believe
he or she is in imminent danger of becoming a victim of domestic violence because
respondent has (mark all sections that apply and describe in the spaces below the
incidents of violence or threats of violence, specifying when and where they occurred,
including, but not limited to, locations such as a home, school, place of employment, or
visitation exchange):
___ committed or threatened to commit domestic violence defined in s. 741.28,
Florida Statutes, as any assault, aggravated assault, battery, aggravated battery, sexual
assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or
any criminal offense resulting in physical injury or death of one family or household
member by another. With the exception of persons who are parents of a child in common,
the family or household members must be currently residing or have in the past resided
together in the same single dwelling unit.
___ previously threatened, harassed, stalked, or physically abused the petitioner.
___ attempted to harm the petitioner or family members or individuals closely
associated with the petitioner.
___ threatened to conceal, kidnap, or harm the petitioner’s child or children.
___ intentionally injured or killed a family pet.
___ used, or has threatened to use, against the petitioner any weapons such as guns or
knives.
___ physically restrained the petitioner from leaving the home or calling law
enforcement.
___ a criminal history involving violence or the threat of violence (if known).
___ another order of protection issued against him or her previously or from another
jurisdiction (if known).
___ destroyed personal property, including, but not limited to, telephones or other
communication equipment, clothing, or other
items belonging to the petitioner.
___ engaged in any other behavior or conduct that leads the petitioner to have
reasonable cause to believe he or she is in imminent danger of becoming a victim of
domestic violence.
Petitioner alleges the following additional specific facts: (mark appropriate sections)
___ A minor child or minor children reside with the petitioner whose names and ages
are as follows:
___ Petitioner needs the exclusive use and possession of the dwelling that the parties
share.
___ Petitioner is unable to obtain safe alternative housing because:
___ Petitioner genuinely fears that respondent imminently will abuse, remove, or
hide the minor child or children from petitioner because:
Petitioner genuinely fears imminent domestic violence by respondent.
Petitioner seeks an injunction: (mark appropriate section or sections)
___ Immediately restraining the respondent from committing any acts of domestic
violence.
___ Restraining the respondent from committing any acts of domestic violence.
___ Awarding to the petitioner the temporary exclusive use and possession of the
dwelling that the parties share or excluding the
respondent from the residence of the petitioner.
Except as provided in s. 90.204, in a hearing ex parte for the purpose of obtaining
such ex parte temporary injunction, no evidence other than verified pleadings or
affidavits shall be used as evidence, unless the respondent appears at the hearing or has
received reasonable notice of the hearing. A denial of a petition for an ex parte injunction
shall be by written order noting the legal grounds for denial. When the only ground for
denial is no appearance of an immediate and present danger of domestic violence, the
court shall set a full hearing on the petition for injunction with notice at the earliest
possible time. Nothing herein affects a petitioner’s right to promptly amend any petition,
or otherwise be heard in person on any petition consistent with the Florida Rules of Civil
Procedure.
Any such ex parte temporary injunction shall be effective for a fixed period not to
exceed 15 days. A full hearing, as provided by this section, shall be set for a date no later
than the date when the temporary injunction ceases to be effective. The court may grant a
continuance of the hearing before or during a hearing for good cause shown by any party,
which shall include a continuance to obtain service of process. Any injunction shall be
extended if necessary to remain in full force and effect during any period of continuance.
(a) Upon notice and hearing, when it appears to the court that the petitioner is either
the victim of domestic violence as defined by s. 741.28 or has reasonable cause to believe
he or she is in imminent danger of becoming a victim of domestic violence, the court may
grant such relief as the court deems proper, including an injunction:
Restraining the respondent from committing any acts of domestic violence.
Awarding to the petitioner the exclusive use and possession of the dwelling that the
parties share or excluding the respondent from the residence of the petitioner.
On the same basis as provided in chapter 61, providing the petitioner with 100
percent of the timesharing in a temporary parenting plan that remains in effect until the
order expires or an order is entered by a court of competent jurisdiction in a pending or
subsequent civil action or proceeding affecting the placement of, access to, parental time
with, adoption of, or parental rights and responsibilities for the minor child.
On the same basis as provided in chapter 61, establishing temporary support for a
minor child or children or the petitioner. An order of temporary support remains in effect
until the order expires or an order is entered by a court of competent jurisdiction in a
pending or subsequent civil action or proceeding affecting child support.
Ordering the respondent to participate in treatment, intervention, or counseling
services to be paid for by the respondent. When the court orders the respondent to
participate in a batterers’ intervention program, the court, or any entity designated by the
court, must provide the respondent with a list of batterers’ intervention programs from
which the respondent must choose a program in which to participate.
Referring a petitioner to a certified domestic violence center. The court must provide
the petitioner with a list of certified
domestic violence centers in the circuit which the petitioner may contact.
Ordering such other relief as the court deems necessary for the protection of a victim
of domestic violence, including injunctions or directives to law enforcement agencies, as
provided in this section.
In determining whether a petitioner has reasonable cause to believe he or she is in
imminent danger of becoming a victim of domestic violence, the court shall consider and
evaluate all relevant factors alleged in the petition, including, but not limited to:
The history between the petitioner and the respondent, including threats, harassment,
stalking, and physical abuse.
Whether the respondent has attempted to harm the petitioner or family members or
individuals closely associated with the petitioner.
Whether the respondent has threatened to conceal, kidnap, or harm the petitioner’s
child or children.
Whether the respondent has intentionally injured or killed a family pet.
Whether the respondent has used, or has threatened to use, against the petitioner any
weapons such as guns or knives.
Whether the respondent has physically restrained the petitioner from leaving the
home or calling law enforcement.
Whether the respondent has a criminal history involving violence or the threat of
violence.
The existence of a verifiable order of protection issued previously or from another
jurisdiction.
Whether the respondent has destroyed personal property, including, but not limited
to, telephones or other communications equipment, clothing, or other items belonging to
the petitioner.
Whether the respondent engaged in any other behavior or conduct that leads the
petitioner to have reasonable cause to believe that he or she is in imminent danger of
becoming a victim of domestic violence.
In making its determination under this paragraph, the court is not limited to those
factors enumerated in subparagraphs 1.10.
The terms of an injunction restraining the respondent under subparagraph (a)1. or
ordering other relief for the protection of the victim under subparagraph (a)7. shall
remain in effect until modified or dissolved. Either party may move at any time to modify
or dissolve the injunction. No specific allegations are required. Such relief may be
granted in addition to other civil or criminal remedies.
A temporary or final judgment on injunction for protection against domestic violence
entered pursuant to this section shall, on its face, indicate that:
The injunction is valid and enforceable in all counties of the State of Florida.
Law enforcement officers may use their arrest powers pursuant to s. 901.15(6) to
enforce the terms of the injunction.
The court had jurisdiction over the parties and matter under
the laws of Florida and that reasonable notice and opportunity to be heard was given to
the person against whom the order is sought sufficient to protect that person’s right to due
process.
The date respondent was served with the temporary or final order, if obtainable.
An injunction for protection against domestic violence entered pursuant to this
section, on its face, may order that the respondent attend a batterers’ intervention
program as a condition of the injunction. Unless the court makes written factual findings
in its judgment or order which are based on substantial evidence, stating why batterers’
intervention programs would be inappropriate, the court shall order the respondent to
attend a batterers’ intervention program if:
It finds that the respondent willfully violated the ex parte injunction;
The respondent, in this state or any other state, has been convicted of, had
adjudication withheld on, or pled nolo contendere to a crime involving violence or a
threat of violence; or
The respondent, in this state or any other state, has had at any time a prior injunction
for protection entered against the respondent after a hearing with notice.
The fact that a separate order of protection is granted to each opposing party shall not
be legally sufficient to deny any remedy to either party or to prove that the parties are
equally at fault or equally endangered.
A final judgment on injunction for protection against
domestic violence entered pursuant to this section must, on its face, indicate that it is a
violation of s. 790.233, and a first degree misdemeanor, for the respondent to have in his
or her care, custody, possession, or control any firearm or ammunition.
All proceedings under this subsection shall be recorded. Recording may be by
electronic means as provided by the Rules of Judicial Administration.
The court shall allow an advocate from a state attorney’s office, an advocate from a
law enforcement agency, or an advocate from a certified domestic violence center who is
registered under s. 39.905 to be present with the petitioner or respondent during any court
proceedings or hearings related to the injunction for protection, provided the petitioner or
respondent has made such a request and the advocate is able to be present.
(a) 1. The clerk of the court shall furnish a copy of the petition, financial affidavit,
Uniform Child Custody Jurisdiction and Enforcement Act affidavit, if any, notice of
hearing, and temporary injunction, if any, to the sheriff or a law enforcement agency of
the county where the respondent resides or can be found, who shall serve it upon the
respondent as soon thereafter as possible on any day of the week and at any time of the
day or night. When requested by the sheriff, the clerk of the court may transmit a
facsimile copy of an injunction that has been certified by the clerk of the court, and this
facsimile copy may be served in the same manner as a certified copy. Upon receiving a
facsimile copy, the sheriff must verify receipt with the sender before attempting to serve
it upon the respondent. In addition, if the sheriff is in possession of an injunction for
protection that has been certified by the clerk of the court, the sheriff may transmit a
facsimile copy of that injunction to a law enforcement officer who shall serve it in the
same manner as a certified copy. The clerk of the court shall be responsible for furnishing
to the sheriff such information on the respondent’s physical description and location as is
required by the department to comply with the verification procedures set forth in this
section. Notwithstanding any other provision of law to the contrary, the chief judge of
each circuit, in consultation with the appropriate sheriff, may authorize a law
enforcement agency within the jurisdiction to effect service. A law enforcement agency
serving injunctions pursuant to this section shall use service and verification procedures
consistent with those of the sheriff.
When an injunction is issued, if the petitioner requests the assistance of a law
enforcement agency, the court may order that an officer from the appropriate law
enforcement agency accompany the petitioner and assist in placing the petitioner in
possession of the dwelling or residence, or otherwise assist in the execution or service of
the injunction. A law enforcement officer shall accept a copy of an injunction for
protection against domestic violence, certified by the clerk of the court, from the
petitioner and immediately serve it upon a respondent who has been located but not yet
served.
All orders issued, changed, continued, extended, or vacated subsequent to the
original service of documents enumerated under subparagraph 1., shall be certified by the
clerk of the court and delivered to the parties at the time of the entry of the order. The
parties may acknowledge receipt of such order in writing on the face of the original order.
In the event a party fails or refuses to acknowledge the receipt of a certified copy of an
order, the clerk
shall note on the original order that service was effected. If delivery at the hearing is not
possible, the clerk shall mail certified copies of the order to the parties at the last known
address of each party. Service by mail is complete upon mailing. When an order is served
pursuant to this subsection, the clerk shall prepare a written certification to be placed in
the court file specifying the time, date, and method of service and shall notify the sheriff.
If the respondent has been served previously with the temporary injunction and has
failed to appear at the initial hearing on the temporary injunction, any subsequent petition
for injunction seeking an extension of time may be served on the respondent by the clerk
of the court by certified mail in lieu of personal service by a law enforcement officer.
There shall be created a Domestic and Repeat Violence Injunction Statewide
Verification System within the Department of Law Enforcement. The department shall
establish, implement, and maintain a statewide communication system capable of
electronically transmitting information to and between criminal justice agencies relating
to domestic violence injunctions and repeat violence injunctions issued by the courts
throughout the state. Such information must include, but is not limited to, information as
to the existence and status of any injunction for verification purposes.
1. Within 24 hours after the court issues an injunction for protection against domestic
violence or changes, continues, extends, or vacates an injunction for protection against
domestic violence, the clerk of the court must forward a certified copy of the injunction
for service to the sheriff with jurisdiction over the
residence of the petitioner. The injunction must be served in accordance with this
subsection.
Within 24 hours after service of process of an injunction for protection against
domestic violence upon a respondent, the law enforcement officer must forward the
written proof of service of process to the sheriff with jurisdiction over the residence of
the petitioner.
Within 24 hours after the sheriff receives a certified copy of the injunction for
protection against domestic violence, the sheriff must make information relating to the
injunction available to other law enforcement agencies by electronically transmitting such
information to the department.
Within 24 hours after the sheriff or other law enforcement officer has made service
upon the respondent and the sheriff has been so notified, the sheriff must make
information relating to the service available to other law enforcement agencies by
electronically transmitting such information to the department.
a. Subject to available funding, the Florida Association of Court Clerks and
Comptrollers shall develop an automated process by which a petitioner may request
notification of service of the injunction for protection against domestic violence and other
court actions related to the injunction for protection. The automated notice shall be made
within 12 hours after the sheriff or other law enforcement officer serves the injunction
upon the respondent. The notification must include, at a minimum, the date, time, and
location where the injunction for protection against domestic violence was served. When
a petitioner makes a request for notification, the clerk must apprise the petitioner of
her or his right to request in writing that the information specified in subsubparagraph b.
be held exempt from public records requirements for 5 years. The Florida Association of
Court Clerks and Comptrollers may apply for any available grants to fund the
development of the automated process.
b. Upon implementation of the automated process, information held by clerks and
law enforcement agencies in conjunction with the automated process developed under
subsubparagraph a. which reveals the home or employment telephone number, cellular
telephone number, home or employment address, electronic mail address, or other
electronic means of identification of a petitioner requesting notification of service of an
injunction for protection against domestic violence and other court actions related to the
injunction for protection is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
Constitution, upon written request by the petitioner. Such information shall cease to be
exempt 5 years after the receipt of the written request. Any state or federal agency that is
authorized to have access to such documents by any provision of law shall be granted
such access in the furtherance of such agency’s statutory duties, notwithstanding this sub
subparagraph. This subsubparagraph is subject to the Open Government Sunset Review
Act in accordance with s. 119.15 and shall stand repealed on October 2, 2017, unless
reviewed and saved from repeal through reenactment by the Legislature.
Within 24 hours after an injunction for protection against domestic violence is
vacated, terminated, or otherwise rendered no longer effective by ruling of the court, the
clerk of the court must notify the sheriff receiving original notification of the injunction
as provided in subparagraph 2. That agency shall,
within 24 hours after receiving such notification from the clerk of the court, notify the
department of such action of the court.
(a) The court may enforce a violation of an injunction for protection against domestic
violence through a civil or criminal contempt proceeding, or the state attorney may
prosecute it as a criminal violation under s. 741.31. The court may enforce the
respondent’s compliance with the injunction through any appropriate civil and criminal
remedies, including, but not limited to, a monetary assessment or a fine. The clerk of the
court shall collect and receive such assessments or fines. On a monthly basis, the clerk
shall transfer the moneys collected pursuant to this paragraph to the State Treasury for
deposit in the Domestic Violence Trust Fund established in s. 741.01.
If the respondent is arrested by a law enforcement officer under s. 901.15(6) or for a
violation of s. 741.31, the respondent shall be held in custody until brought before the
court as expeditiously as possible for the purpose of enforcing the injunction and for
admittance to bail in accordance with chapter 903 and the applicable rules of criminal
procedure, pending a hearing.
The petitioner or the respondent may move the court to modify or dissolve an
injunction at any time.
741.31. Violation of an injunction for protection against domestic
violence.
In the event of a violation of the injunction for protection against domestic violence
when there has not been an arrest, the petitioner may contact the clerk of the circuit court
of the county
in which the violation is alleged to have occurred. The clerk shall either assist the
petitioner in the preparation of an affidavit in support of the violation or direct the
petitioner to the office operated by the court within the circuit that has been designated by
the chief judge of that circuit as the central intake point for injunction violations and
where the petitioner can receive assistance in the preparation of the affidavit in support of
the violation.
The affidavit shall be immediately forwarded by the office assisting the petitioner to
the state attorney of that circuit and to such court or judge as the chief judge of that
circuit determines to be the recipient of affidavits of violation. If the affidavit alleges a
crime has been committed, the office assisting the petitioner shall also forward a copy of
the petitioner’s affidavit to the appropriate law enforcement agency for investigation. No
later than 20 days after receiving the initial report, the local law enforcement agency shall
complete their investigation and forward the report to the state attorney. The policy
adopted by the state attorney in each circuit under s. 741.2901(2), shall include a policy
regarding intake of alleged violations of injunctions for protection against domestic
violence under this section. The intake shall be supervised by a prosecutor who, pursuant
to s. 741.2901(1), has been designated and assigned to handle domestic violence cases.
The state attorney shall determine within 30 working days whether its office will proceed
to file criminal charges, or prepare a motion for an order to show cause as to why the
respondent should not be held in criminal contempt, or prepare both as alternative
findings, or file notice that the case remains under investigation or is pending subject to
some other action.
If the court has knowledge, based on its familiarity with the case, that the petitioner,
the children of the petitioner, or another person is in immediate danger if the court fails to
act prior to the decision of the state attorney to prosecute, it should immediately issue an
order of appointment of the state attorney to file a motion for an order to show cause as to
why the respondent should not be held in contempt. If the court does not issue an order of
appointment of the state attorney, it shall immediately notify the state attorney that the
court is proceeding to enforce the violation through criminal contempt.
(a) A person who willfully violates an injunction for protection against domestic
violence issued pursuant to s. 741.30, or a foreign protection order accorded full faith and
credit pursuant to s. 741.315, by:
Refusing to vacate the dwelling that the parties share;
Going to, or being within 500 feet of, the petitioner’s residence, school, place of
employment, or a specified place frequented regularly by the petitioner and any named
family or household member;
Committing an act of domestic violence against the petitioner;
Committing any other violation of the injunction through an intentional unlawful
threat, word, or act to do violence to the petitioner;
Telephoning, contacting, or otherwise communicating with the petitioner directly or
indirectly, unless the injunction specifically allows indirect contact through a third party;
Knowingly and intentionally coming within 100 feet of the petitioner’s motor
vehicle, whether or not that vehicle is occupied;
Defacing or destroying the petitioner’s personal property, including the petitioner’s
motor vehicle; or
Refusing to surrender firearms or ammunition if ordered to do so by the court
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083, except as provided in paragraph (c).
1. It is a violation of s. 790.233, and a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083, for a person to violate a final injunction for
protection against domestic violence by having in his or her care, custody, possession, or
control any firearm or ammunition.
It is the intent of the Legislature that the disabilities regarding possession of firearms
and ammunition are consistent with federal law. Accordingly, this paragraph shall not
apply to a state or local officer as defined in s. 943.10(14), holding an active certification,
who receives or possesses a firearm or ammunition for use in performing official duties
on behalf of the officer’s employing agency, unless otherwise prohibited by the
employing agency.
A person who has two or more prior convictions for violation of an injunction or
foreign protection order, and who subsequently commits a violation of any injunction or
foreign protection order against the same victim, commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083 or s.
775.084. For purposes of this paragraph, the term “conviction” means a determination of
guilt which is the result of a plea or a trial, regardless of whether adjudication is withheld
or a plea of nolo contendere is entered.
Whether or not there is a criminal prosecution under subsection (4), the court shall
order the respondent to attend a batterers’ intervention program if it finds a willful
violation of a domestic violence injunction, unless the court makes written factual
findings in its judgment or order which are based on substantial evidence, stating why a
batterers’ intervention program would be inappropriate.
Any person who suffers an injury and/or loss as a result of a violation of an
injunction for protection against domestic violence may be awarded economic damages
for that injury and/or loss by the court issuing the injunction. Damages includes costs and
attorneys’ fees for enforcement of the injunction.
741.315. Recognition of foreign protection orders.
As used in this section, the term “court of a foreign state” means a court of competent
jurisdiction of a state of the United States, other than Florida; the District of Columbia; an
Indian tribe; or a commonwealth, territory, or possession of the United States.
Pursuant to 18 U.S.C. s. 2265, an injunction for protection against domestic violence
issued by a court of a foreign state must be accorded full faith and credit by the courts of
this state and enforced by a law enforcement agency as if it were the order of a Florida
court issued under s. 741.30, s. 741.31, s. 784.046, s.
784.047, s. 784.0485, or s. 784.0487, and provided that the court had jurisdiction over the
parties and the matter and that reasonable notice and opportunity to be heard was given to
the person against whom the order is sought sufficient to protect that person’s right to due
process. Ex parte foreign injunctions for protection are not eligible for enforcement under
this section unless notice and opportunity to be heard have been provided within the time
required by the foreign state or tribal law, and in any event within a reasonable time after
the order is issued, sufficient to protect the respondent’s due process rights.
Notwithstanding s. 55.505 or any other provision to the contrary, neither residence in
this state nor registration of foreign injunctions for protection shall be required for
enforcement of this order by this state and failure to register the foreign order shall not be
an impediment to its enforcement. The following registration procedure shall be available
to protected persons who hold orders from a court of a foreign state.
A protected person shall present a certified copy of a foreign order of protection to
any sheriff in this state and request that the same be registered in the injunction registry.
However, nothing in this section shall operate to preclude the enforcement of any order
of protection determined by the law enforcement officer to be valid even if the protected
person does not have a certified copy of the foreign protection order. It is not necessary
that the protected person register the foreign order in the protected person’s county of
residence. Venue is proper throughout the state. The protected person must swear by
affidavit, that to the best of the protected person’s knowledge and belief, the attached
certified copy of the foreign order, docket number, issued in the
state of on is currently in effect as written and has not been superseded by any other order
and that the respondent has been given a copy of it.
The sheriff shall examine the certified copy of the foreign order and register the order
in the injunction registry, noting that it is a foreign order of protection. If not apparent
from the face of the certified copy of the foreign order, the sheriff shall use best efforts to
ascertain whether the order was served on the respondent. The Florida Department of
Law Enforcement shall develop a special notation for foreign orders of protection. The
sheriff shall assign a case number and give the protected person a receipt showing
registration of the foreign order in this state. There shall be no fee for registration of a
foreign order.
The foreign order may also be registered by local law enforcement agencies upon
receipt of the foreign order and any accompanying affidavits in the same manner
described in paragraphs (a) and (b).
(a) Law enforcement officers shall enforce foreign orders of protection as if they
were entered by a court of this state. Upon presentation of a foreign protection order by a
protected person, a law enforcement officer shall assist in enforcement of all of its terms,
pursuant to federal law, except matters related to child custody, visitation, and support.
As to those provisions only, enforcement may be obtained upon domestication of the
foreign order pursuant to ss. 55.50155.509 unless the foreign order is a “pickup order” or
“order of bodily attachment” requiring the immediate return of a child.
Before enforcing a foreign protection order, a law
enforcement officer should confirm the identity of the parties present and review the
order to determine that, on its face, it has not expired. Presentation of a certified or true
copy of the protection order shall not be required as a condition of enforcement, provided
that a conflicting certified copy is not presented by the respondent or the individual
against whom enforcement is sought.
A law enforcement officer shall use reasonable efforts to verify service of process.
Service may be verified as follows:
By petitioner: Petitioner may state under oath that to the best of petitioner’s
knowledge, respondent was served with the order of protection because petitioner was
present at time of service; respondent told petitioner he or she was served; another named
person told petitioner respondent was served; or respondent told petitioner he or she
knows of the content of the order and date of the return hearing.
By respondent: Respondent states under oath that he or she was or was not served
with the order.
Enforcement and arrest for violation of a foreign protection order shall be consistent
with the enforcement of orders issued in this state.
A law enforcement officer acting in good faith under this section and the officer’s
employing agency shall be immune from all liability, civil or criminal, that might
otherwise be incurred or imposed by reason of the officer’s or agency’s actions in
carrying out the provisions of this section.
Law enforcement shall not require petitioner to sign a registration affidavit as a
condition of enforcement.
A foreign order of protection shall remain in effect until the date of expiration on its
face; or, if there is no expiration date on its face, a foreign order of protection shall
remain in effect until expiration. If the order of protection states on its face that it is a
permanent order, then there is no date of expiration.
Any person who acts under this section and intentionally provides a law enforcement
officer with a copy of an order of protection known by that person to be false or invalid,
or who denies having been served with an order of protection when that person has been
served with such order, commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
In the event 18 U.S.C. s. 2265 is held to be unconstitutional, this section shall be null
and void.
CHAPTER 775
DEFINITIONS; GENERAL PENALTIES; REGISTRATION
OF CRIMINALS
775.012. General purposes.
The general purposes of the provisions of the code are:
To proscribe conduct that improperly causes or threatens substantial harm to
individual or public interest.
To give fair warning to the people of the state in understandable language of the
nature of the conduct proscribed and of the sentences authorized upon conviction.
To define clearly the material elements constituting an offense and the accompanying
state of mind or criminal intent required for that offense.
To differentiate on reasonable grounds between serious and minor offenses and to
establish appropriate disposition for each.
To safeguard conduct that is without fault or legitimate state interest from being
condemned as criminal.
To ensure the public safety by deterring the commission of offenses and providing
for the opportunity for rehabilitation of those convicted and for their confinement when
required in the interests of public protection.
775.021. Rules of construction.
The provisions of this code and offenses defined by other statutes shall be strictly
construed; when the language is
susceptible of differing constructions, it shall be construed most favorably to the accused.
The provisions of this chapter are applicable to offenses defined by other statutes,
unless the code otherwise provides.
This section does not affect the power of a court to punish for contempt or to employ
any sanction authorized by law for the enforcement of an order or a civil judgment or
decree.
(a) Whoever, in the course of one criminal transaction or episode, commits an act or
acts which constitute one or more separate criminal offenses, upon conviction and
adjudication of guilt, shall be sentenced separately for each criminal offense; and the
sentencing judge may order the sentences to be served concurrently or consecutively. For
the purposes of this subsection, offenses are separate if each offense requires proof of an
element that the other does not, without regard to the accusatory pleading or the proof
adduced at trial.
The intent of the Legislature is to convict and sentence for each criminal offense
committed in the course of one criminal episode or transaction and not to allow the
principle of lenity as set forth in subsection (1) to determine legislative intent. Exceptions
to this rule of construction are:
Offenses which require identical elements of proof.
Offenses which are degrees of the same offense as provided by statute.
Offenses which are lesser offenses the statutory elements of which are subsumed by
the greater offense.
Whoever commits an act that violates a provision of this code or commits a criminal
offense defined by another statute and thereby causes the death of, or bodily injury to, an
unborn child commits a separate offense if the provision or statute does not otherwise
specifically provide a separate offense for such death or injury to an unborn child.
Except as otherwise provided in this subsection, the punishment for a separate
offense under this subsection is the same as the punishment provided under this code or
other statute for that conduct had the injury or death occurred to the mother of the unborn
child.
An offense under this subsection does not require proof that the person engaging in
the conduct:
Had knowledge or should have had knowledge that the victim of the underlying
offense was pregnant; or
Intended to cause the death of, or bodily injury to, the unborn child.
Notwithstanding any other provision of law, the death penalty may not be imposed
for an offense under this subsection.
This subsection does not permit the prosecution:
Of any person for conduct relating to an abortion for which the consent of the
pregnant woman, or a person authorized by law to act on her behalf, has been obtained or
for which such consent is implied by law;
Of a person for providing medical treatment of the pregnant woman or her unborn
child; or
3. Of a woman with respect to her unborn child.
As used in this subsection, the term “unborn child” means a member of the species
Homo sapiens, at any stage of development, who is carried in the womb.
775.08. Classes and definitions of offenses.
When used in the laws of this state:
The term “felony” shall mean any criminal offense that is punishable under the laws
of this state, or that would be punishable if committed in this state, by death or
imprisonment in a state penitentiary. “State penitentiary” shall include state correctional
facilities. A person shall be imprisoned in the state penitentiary for each sentence which,
except an extended term, exceeds 1 year.
The term “misdemeanor” shall mean any criminal offense that is punishable under
the laws of this state, or that would be punishable if committed in this state, by a term of
imprisonment in a county correctional facility, except an extended term, not in excess of
1 year. The term “misdemeanor” shall not mean a conviction for any noncriminal traffic
violation of any provision of chapter 316 or any municipal or county ordinance.
The term “noncriminal violation” shall mean any offense that is punishable under the
laws of this state, or that would be punishable if committed in this state, by no other
penalty than a fine, forfeiture, or other civil penalty. A noncriminal violation does not
constitute a crime, and conviction for a noncriminal violation shall not give rise to any
legal disability based on a criminal offense. The term “noncriminal violation” shall not
mean
any conviction for any violation of any municipal or county ordinance. Nothing
contained in this code shall repeal or change the penalty for a violation of any municipal
or county ordinance.
(4) The term “crime” shall mean a felony or misdemeanor.
775.081. Classifications of felonies and misdemeanors.
Felonies are classified, for the purpose of sentence and for any other purpose
specifically provided by statute, into the following categories:
Capital felony;
Life felony;
Felony of the first degree;
Felony of the second degree; and
Felony of the third degree.
A capital felony and a life felony must be so designated by statute. Other felonies are
of the particular degree designated by statute. Any crime declared by statute to be a
felony without specification of degree is of the third degree, except that this provision
shall not affect felonies punishable by life imprisonment for the first offense.
Misdemeanors are classified, for the purpose of sentence and for any other purpose
specifically provided by statute, into the following categories:
Misdemeanor of the first degree; and
Misdemeanor of the second degree.
A misdemeanor is of the particular degree designated by statute. Any crime declared
by statute to be a misdemeanor without specification of degree is of the second degree.
This section is supplemental to, and is not to be construed to alter, the law of this
state establishing and governing criminal offenses that are divided into degrees by virtue
of distinctive elements comprising such offenses, regardless of whether such law is
established by constitutional provision, statute, court rule, or court decision.
775.082. Penalties; applicability of sentencing structures; mandatory
minimum sentences for certain reoffenders previously released from prison.
(a) Except as provided in paragraph (b), a person who has been convicted of a capital
felony shall be punished by death if the proceeding held to determine sentence according
to the procedure set forth in s. 921.141 results in a determination that such person shall be
punished by death, otherwise such person shall be punished by life imprisonment and
shall be ineligible for parole.
1. A person who actually killed, intended to kill, or attempted to kill the victim and
who is convicted under s. 782.04 of a capital felony, or an offense that was reclassified as
a capital felony, which was committed before the person attained 18 years of age shall be
punished by a term of imprisonment for life if, after a sentencing hearing conducted by
the court in accordance with s. 921.1401, the court finds that life imprisonment is an
appropriate sentence. If the court finds that life imprisonment is not an appropriate
sentence, such person shall be punished by a term of imprisonment of at least 40 years. A
person sentenced pursuant to this subparagraph is entitled to a review of his or her
sentence in accordance with s. 921.1402(2)(a).
A person who did not actually kill, intend to kill, or attempt to kill the victim and
who is convicted under s. 782.04 of a capital felony, or an offense that was reclassified as
a capital felony, which was committed before the person attained 18 years of age may be
punished by a term of imprisonment for life or by a term of years equal to life if, after a
sentencing hearing conducted by the court in accordance with s. 921.1401, the court finds
that life
imprisonment is an appropriate sentence. A person who is sentenced to a term of
imprisonment of more than 15 years is entitled to a review of his or her sentence in
accordance with s. 921.1402(2)(c).
The court shall make a written finding as to whether a person is eligible for a
sentence review hearing under s. 921.1402(2)(a) or (c). Such a finding shall be based
upon whether the person actually killed, intended to kill, or attempted to kill the victim.
The court may find that multiple defendants killed, intended to kill, or attempted to kill
the victim.
In the event the death penalty in a capital felony is held to be unconstitutional by the
Florida Supreme Court or the United States Supreme Court, the court having jurisdiction
over a person previously sentenced to death for a capital felony shall cause such person to
be brought before the court, and the court shall sentence such person to life imprisonment
as provided in subsection (1). No sentence of death shall be reduced as a result of a
determination that a method of execution is held to be unconstitutional under the State
Constitution or the Constitution of the United States.
A person who has been convicted of any other designated felony may be punished as
follows:
1. For a life felony committed before October 1, 1983, by a term of imprisonment for
life or for a term of at least 30 years.
For a life felony committed on or after October 1, 1983, by a term of imprisonment
for life or by a term of imprisonment not exceeding 40 years.
Except as provided in subparagraph 4., for a life felony committed on or after July 1,
1995, by a term of imprisonment for life or by imprisonment for a term of years not
exceeding life imprisonment.
a. Except as provided in subsubparagraph b., for a life felony committed on or after
September 1, 2005, which is a violation of s. 800.04(5)(b), by:
I. A term of imprisonment for life; or
A split sentence that is a term of at least 25 years’ imprisonment and not exceeding
life imprisonment, followed by probation or community control for the remainder of the
person’s natural life, as provided in s. 948.012(4).
b. For a life felony committed on or after July 1, 2008, which is a person’s second or
subsequent violation of s. 800.04(5)(b), by a term of imprisonment for life.
Notwithstanding subparagraphs 1.4., a person who is convicted under s. 782.04 of
an offense that was reclassified as a life felony which was committed before the person
attained 18 years of age may be punished by a term of imprisonment for life or by a term
of years equal to life imprisonment if the judge conducts a sentencing hearing in
accordance with s. 921.1401 and finds that life imprisonment or a term of years equal to
life imprisonment is an appropriate sentence.
a. A person who actually killed, intended to kill, or attempted to kill the victim and is
sentenced to a term of imprisonment of more than 25 years is entitled to a review of his
or her sentence in accordance with s. 921.1402(2)(b).
b. A person who did not actually kill, intend to kill, or attempt to kill the victim and
is sentenced to a term of imprisonment of more than 15 years is entitled to a review of his
or her sentence in accordance with s. 921.1402(2)(c).
c. The court shall make a written finding as to whether a person is eligible for a
sentence review hearing under s. 921.1402(2)(b) or (c). Such a finding shall be based
upon whether the person actually killed, intended to kill, or attempted to kill the victim.
The court may find that multiple defendants killed, intended to kill, or attempted to kill
the victim.
For a life felony committed on or after October 1, 2014, which is a violation of s.
787.06(3)(g), by a term of imprisonment for life.
1. For a felony of the first degree, by a term of imprisonment not exceeding 30 years
or, when specifically provided by statute, by imprisonment for a term of years not
exceeding life imprisonment.
Notwithstanding subparagraph 1., a person convicted under s. 782.04 of a first degree
felony punishable by a term of years not exceeding life imprisonment, or an offense that
was reclassified as a first degree felony punishable by a term of years not exceeding life,
which was committed before the person attained 18 years of age may be punished by a
term of years equal to life imprisonment if the judge conducts a sentencing hearing in
accordance with s. 921.1401 and finds that a term of years equal to life imprisonment is
an appropriate sentence.
a. A person who actually killed, intended to kill, or attempted to kill the victim and is
sentenced to a term of imprisonment of more
than 25 years is entitled to a review of his or her sentence in accordance with s.
921.1402(2)(b).
b. A person who did not actually kill, intend to kill, or attempt to kill the victim and
is sentenced to a term of imprisonment of more than 15 years is entitled to a review of his
or her sentence in accordance with s. 921.1402(2)(c).
c. The court shall make a written finding as to whether a person is eligible for a
sentence review hearing under s. 921.1402(2)(b) or (c). Such a finding shall be based
upon whether the person actually killed, intended to kill, or attempted to kill the victim.
The court may find that multiple defendants killed, intended to kill, or attempted to kill
the victim.
Notwithstanding paragraphs (a) and (b), a person convicted of an offense that is not
included in s. 782.04 but that is an offense that is a life felony or is punishable by a term
of imprisonment for life or by a term of years not exceeding life imprisonment, or an
offense that was reclassified as a life felony or an offense punishable by a term of
imprisonment for life or by a term of years not exceeding life imprisonment, which was
committed before the person attained 18 years of age may be punished by a term of
imprisonment for life or a term of years equal to life imprisonment if the judge conducts a
sentencing hearing in accordance with s. 921.1401 and finds that life imprisonment or a
term of years equal to life imprisonment is an appropriate sentence. A person who is
sentenced to a term of imprisonment of more than 20 years is entitled to a review of his
or her sentence in accordance with s. 921.1402(2)(d).
For a felony of the second degree, by a term of
imprisonment not exceeding 15 years.
For a felony of the third degree, by a term of imprisonment not exceeding 5 years.
A person who has been convicted of a designated misdemeanor may be sentenced as
follows:
For a misdemeanor of the first degree, by a definite term of imprisonment not
exceeding 1 year;
For a misdemeanor of the second degree, by a definite term of imprisonment not
exceeding 60 days.
Any person who has been convicted of a noncriminal violation may not be sentenced
to a term of imprisonment nor to any other punishment more severe than a fine,
forfeiture, or other civil penalty, except as provided in chapter 316 or by ordinance of any
city or county.
Nothing in this section shall be construed to alter the operation of any statute of this
state authorizing a trial court, in its discretion, to impose a sentence of imprisonment for
an indeterminate period within minimum and maximum limits as provided by law, except
as provided in subsection (1).
This section does not deprive the court of any authority conferred by law to decree a
forfeiture of property, suspend or cancel a license, remove a person from office, or
impose any other civil penalty. Such a judgment or order may be included in the
sentence.
(a) The sentencing guidelines that were effective October 1, 1983, and any revisions
thereto, apply to all felonies, except
capital felonies, committed on or after October 1, 1983, and before January 1, 1994, and
to all felonies, except capital felonies and life felonies, committed before October 1,
1983, when the defendant affirmatively selects to be sentenced pursuant to such
provisions.
The 1994 sentencing guidelines, that were effective January 1, 1994, and any
revisions thereto, apply to all felonies, except capital felonies, committed on or after
January 1, 1994, and before October 1, 1995.
The 1995 sentencing guidelines that were effective October 1, 1995, and any
revisions thereto, apply to all felonies, except capital felonies, committed on or after
October 1, 1995, and before October 1, 1998.
The Criminal Punishment Code applies to all felonies, except capital felonies,
committed on or after October 1, 1998. Any revision to the Criminal Punishment Code
applies to sentencing for all felonies, except capital felonies, committed on or after the
effective date of the revision.
Felonies, except capital felonies, with continuing dates of enterprise shall be
sentenced under the sentencing guidelines or the Criminal Punishment Code in effect on
the beginning date of the criminal activity.
(a) 1. “Prison releasee reoffender” means any defendant who commits, or attempts to
commit:
Treason;
Murder;
Manslaughter;
Sexual battery;
Carjacking;
Homeinvasion robbery;
Robbery;
Arson;
Kidnapping;
Aggravated assault with a deadly weapon;
Aggravated battery;
Aggravated stalking;
Aircraft piracy;
Unlawful throwing, placing, or discharging of a destructive device or bomb;
Any felony that involves the use or threat of physical force or violence against an
individual;
Armed burglary;
Burglary of a dwelling or burglary of an occupied structure;
or
Any felony violation of s. 790.07, s. 800.04, s. 827.03, s. 827.071, or s. 847.0135(5);
within 3 years after being released from a state correctional facility operated by the
Department of Corrections or a private vendor or within 3 years after being released from
a correctional
institution of another state, the District of Columbia, the United States, any possession or
territory of the United States, or any foreign jurisdiction, following incarceration for an
offense for which the sentence is punishable by more than 1 year in this state.
“Prison releasee reoffender” also means any defendant who commits or attempts to
commit any offense listed in subsubparagraphs (a)1.a.r. while the defendant was serving
a prison sentence or on escape status from a state correctional facility operated by the
Department of Corrections or a private vendor or while the defendant was on escape
status from a correctional institution of another state, the District of Columbia, the United
States, any possession or territory of the United States, or any foreign jurisdiction,
following incarceration for an offense for which the sentence is punishable by more than
1 year in this state.
If the state attorney determines that a defendant is a prison releasee reoffender as
defined in subparagraph 1., the state attorney may seek to have the court sentence the
defendant as a prison releasee reoffender. Upon proof from the state attorney that
establishes by a preponderance of the evidence that a defendant is a prison releasee
reoffender as defined in this section, such defendant is not eligible for sentencing under
the sentencing guidelines and must be sentenced as follows:
a. For a felony punishable by life, by a term of imprisonment for life;
b. For a felony of the first degree, by a term of imprisonment of
years;
c. For a felony of the second degree, by a term of imprisonment of 15 years; and
d. For a felony of the third degree, by a term of imprisonment of 5 years.
A person sentenced under paragraph (a) shall be released only by expiration of
sentence and shall not be eligible for parole, control release, or any form of early release.
Any person sentenced under paragraph (a) must serve 100 percent of the courtimposed
sentence.
Nothing in this subsection shall prevent a court from imposing a greater sentence of
incarceration as authorized by law, pursuant to s. 775.084 or any other provision of law.
1. It is the intent of the Legislature that offenders previously released from prison
who meet the criteria in paragraph (a) be punished to the fullest extent of the law and as
provided in this subsection, unless the state attorney determines that extenuating
circumstances exist which preclude the just prosecution of the offender, including
whether the victim recommends that the offender not be sentenced as provided in this
subsection.
For every case in which the offender meets the criteria in paragraph (a) and does not
receive the mandatory minimum prison sentence, the state attorney must explain the
sentencing deviation in writing and place such explanation in the case file maintained by
the state attorney.
If a defendant is sentenced for an offense committed on or after July 1, 2009, which
is a third degree felony but not a forcible felony as defined in s. 776.08, and excluding
any third degree felony violation under chapter 810, and if the total sentence points
pursuant to s. 921.0024 are 22 points or fewer, the court must sentence the offender to a
nonstate prison sanction. However, if
the court makes written findings that a nonstate prison sanction could present a danger to
the public, the court may sentence the offender to a state correctional facility pursuant to
this section.
The purpose of this section is to provide uniform punishment for those crimes made
punishable under this section and, to this end, a reference to this section constitutes a
general reference under the doctrine of incorporation by reference.
775.0823. Violent offenses committed against law enforcement officers,
correctional officers, state attorneys, assistant state attorneys, justices, or
judges.
The Legislature does hereby provide for an increase and certainty of penalty for any
person convicted of a violent offense against any law enforcement or correctional officer,
as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9); against any state attorney elected
pursuant to s. 27.01 or assistant state attorney appointed under s. 27.181; or against any
justice or judge of a court described in Art. V of the State Constitution, which offense
arises out of or in the scope of the officer’s duty as a law enforcement or correctional
officer, the state attorney’s or assistant state attorney’s duty as a prosecutor or
investigator, or the justice’s or judge’s duty as a judicial officer, as follows:
For murder in the first degree as described in s. 782.04(1), if the death sentence is not
imposed, a sentence of imprisonment for life without eligibility for release.
For attempted murder in the first degree as described in s. 782.04(1), a sentence
pursuant to s. 775.082, s. 775.083, or s.
775.084.
For attempted felony murder as described in s. 782.051, a sentence pursuant to s.
775.082, s. 775.083, or s. 775.084.
For murder in the second degree as described in s. 782.04(2) and (3), a sentence
pursuant to s. 775.082, s. 775.083, or s. 775.084.
For attempted murder in the second degree as described in s. 782.04(2) and (3), a
sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
For murder in the third degree as described in s. 782.04(4), a sentence pursuant to s.
775.082, s. 775.083, or s. 775.084.
For attempted murder in the third degree as described in s. 782.04(4), a sentence
pursuant to s. 775.082, s. 775.083, or s.
775.084.
For manslaughter as described in s. 782.07 during the commission of a crime, a
sentence pursuant to s. 775.082, s. 775.083, or s. 775.084.
For kidnapping as described in s. 787.01, a sentence pursuant to s. 775.082, s.
775.083, or s. 775.084.
For aggravated battery as described in s. 784.045, a sentence pursuant to s. 775.082,
s. 775.083, or s. 775.084.
For aggravated assault as described in s. 784.021, a sentence pursuant to s. 775.082,
s. 775.083, or s. 775.084.
Notwithstanding the provisions of s. 948.01, with respect to any person who is found
to have violated this section, adjudication of guilt or imposition of sentence shall not be
suspended, deferred, or withheld.
775.083. Fines.
A person who has been convicted of an offense other than a capital felony may be
sentenced to pay a fine in addition to any punishment described in s. 775.082; when
specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any
punishment described in s. 775.082. A person who has been convicted of a noncriminal
violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal
violations shall not exceed:
$15,000, when the conviction is of a life felony.
$10,000, when the conviction is of a felony of the first or second degree.
$5,000, when the conviction is of a felony of the third degree.
$1,000, when the conviction is of a misdemeanor of the first degree.
$500, when the conviction is of a misdemeanor of the second degree or a noncriminal
violation.
Any higher amount equal to double the pecuniary gain derived from the offense by
the offender or double the pecuniary loss suffered by the victim.
Any higher amount specifically authorized by statute.
Fines imposed in this subsection shall be deposited by the clerk of the court in the
fine and forfeiture fund established pursuant to s. 142.01, except that the clerk shall remit
fines imposed when adjudication is withheld to the Department of Revenue for deposit
in the General Revenue Fund. If a defendant is unable to pay a fine, the court may defer
payment of the fine to a date certain. As used in this subsection, the term “convicted” or
“conviction” means a determination of guilt which is the result of a trial or the entry of a
plea of guilty or nolo contendere, regardless of whether adjudication is withheld.
In addition to the fines set forth in subsection (1), court costs shall be assessed and
collected in each instance a defendant pleads nolo contendere to, or is convicted of, or
adjudicated delinquent for, a felony, a misdemeanor, or a criminal traffic offense under
state law, or a violation of any municipal or county ordinance if the violation constitutes a
misdemeanor under state law. The court costs imposed by this section shall be $50 for a
felony and $20 for any other offense and shall be deposited by the clerk of the court into
an appropriate county account for disbursement for the purposes provided in this
subsection. A county shall account for the funds separately from other county funds as
crime prevention funds. The county, in consultation with the sheriff, must expend such
funds for crime prevention programs in the county, including safe neighborhood
programs under ss. 163.501163.523.
The purpose of this section is to provide uniform penalty authorization for criminal
offenses and, to this end, a reference to this section constitutes a general reference under
the doctrine of incorporation by reference.
775.084. Violent career criminals; habitual felony offenders and habitual
violent felony offenders; threetime violent felony offenders; definitions;
procedure; enhanced penalties
or mandatory minimum prison terms.
(1) As used in this act:
“Habitual felony offender” means a defendant for whom the court may impose an
extended term of imprisonment, as provided in paragraph (4)(a), if it finds that:
The defendant has previously been convicted of any combination of two or more
felonies in this state or other qualified offenses.
The felony for which the defendant is to be sentenced was committed:
a. While the defendant was serving a prison sentence or other sentence, or court
ordered or lawfully imposed supervision that is imposed as a result of a prior conviction
for a felony or other qualified offense; or
b. Within 5 years of the date of the conviction of the defendant’s last prior felony or
other qualified offense, or within 5 years of the defendant’s release from a prison
sentence, probation, community control, control release, conditional release, parole or
courtordered or lawfully imposed supervision or other sentence that is imposed as a
result of a prior conviction for a felony or other qualified offense, whichever is later.
The felony for which the defendant is to be sentenced, and one of the two prior
felony convictions, is not a violation of s. 893.13 relating to the purchase or the
possession of a controlled substance.
The defendant has not received a pardon for any felony or
other qualified offense that is necessary for the operation of this paragraph.
A conviction of a felony or other qualified offense necessary to the operation of this
paragraph has not been set aside in any postconviction proceeding.
“Habitual violent felony offender” means a defendant for whom the court may
impose an extended term of imprisonment, as provided in paragraph (4)(b), if it finds
that:
The defendant has previously been convicted of a felony or an attempt or conspiracy
to commit a felony and one or more of such convictions was for:
Arson;
Sexual battery;
Robbery;
Kidnapping;
Aggravated child abuse;
Aggravated abuse of an elderly person or disabled adult;
Aggravated assault with a deadly weapon;
Murder;
Manslaughter;
Aggravated manslaughter of an elderly person or disabled adult;
Aggravated manslaughter of a child;
l. Unlawful throwing, placing, or discharging of a destructive device or bomb;
m. Armed burglary;
n. Aggravated battery; or
o. Aggravated stalking.
The felony for which the defendant is to be sentenced was committed:
a. While the defendant was serving a prison sentence or other sentence, or court
ordered or lawfully imposed supervision that is imposed as a result of a prior conviction
for an enumerated felony; or
b. Within 5 years of the date of the conviction of the last prior enumerated felony, or
within 5 years of the defendant’s release from a prison sentence, probation, community
control, control release, conditional release, parole, or courtordered or lawfully imposed
supervision or other sentence that is imposed as a result of a prior conviction for an
enumerated felony, whichever is later.
The defendant has not received a pardon on the ground of innocence for any crime
that is necessary for the operation of this paragraph.
A conviction of a crime necessary to the operation of this paragraph has not been set
aside in any postconviction proceeding.
“Threetime violent felony offender” means a defendant for whom the court must
impose a mandatory minimum term of imprisonment, as provided in paragraph (4)(c), if
it finds that:
The defendant has previously been convicted as an adult two or more times of a
felony, or an attempt to commit a felony, and two or more of such convictions were for
committing, or attempting to commit, any of the following offenses or combination
thereof:
Arson;
Sexual battery;
Robbery;
Kidnapping;
Aggravated child abuse;
Aggravated abuse of an elderly person or disabled adult;
Aggravated assault with a deadly weapon;
Murder;
Manslaughter;
Aggravated manslaughter of an elderly person or disabled adult;
Aggravated manslaughter of a child;
Unlawful throwing, placing, or discharging of a destructive device or bomb;
Armed burglary;
Aggravated battery;
Aggravated stalking;
Home invasion/robbery;
q. Carjacking; or
r. An offense which is in violation of a law of any other jurisdiction if the elements of
the offense are substantially similar to the elements of any felony offense enumerated in
subsubparagraphs a.q., or an attempt to commit any such felony offense.
The felony for which the defendant is to be sentenced is one of the felonies
enumerated in subsubparagraphs 1.a.q. and was committed:
a. While the defendant was serving a prison sentence or other sentence imposed as a
result of a prior conviction for any offense enumerated in subsubparagraphs 1.a.r.; or
b. Within 5 years after the date of the conviction of the last prior offense enumerated
in subsubparagraphs 1.a.r., or within 5 years after the defendant’s release from a prison
sentence, probation, community control, or other sentence imposed as a result of a prior
conviction for any offense enumerated in subsubparagraphs 1.a.r., whichever is later.
The defendant has not received a pardon on the ground of innocence for any crime
that is necessary for the operation of this paragraph.
A conviction of a crime necessary to the operation of this paragraph has not been set
aside in any postconviction proceeding.
“Violent career criminal” means a defendant for whom the court must impose
imprisonment pursuant to paragraph (4)(d), if it finds that:
The defendant has previously been convicted as an adult three or more times for an
offense in this state or other qualified offense that is:
a. Any forcible felony, as described in s. 776.08;
b. Aggravated stalking, as described in s. 784.048(3) and (4);
c. Aggravated child abuse, as described in s. 827.03(2)(a);
g. A felony violation of chapter 790 involving the use or possession of a firearm.
The defendant has been incarcerated in a state prison or a federal prison.
The primary felony offense for which the defendant is to be sentenced is a felony
enumerated in subparagraph 1. and was committed on or after October 1, 1995, and:
a. While the defendant was serving a prison sentence or other sentence, or court
ordered or lawfully imposed supervision that is imposed as a result of a prior conviction
for an enumerated felony; or
b. Within 5 years after the conviction of the last prior enumerated felony, or within 5
years after the defendant’s release
from a prison sentence, probation, community control, control release, conditional
release, parole, or courtordered or lawfully imposed supervision or other sentence that is
imposed as a result of a prior conviction for an enumerated felony, whichever is later.
The defendant has not received a pardon for any felony or other qualified offense that
is necessary for the operation of this paragraph.
A conviction of a felony or other qualified offense necessary to the operation of this
paragraph has not been set aside in any postconviction proceeding.
“Qualified offense” means any offense, substantially similar in elements and
penalties to an offense in this state, which is in violation of a law of any other
jurisdiction, whether that of another state, the District of Columbia, the United States or
any possession or territory thereof, or any foreign jurisdiction, that was punishable under
the law of such jurisdiction at the time of its commission by the defendant by death or
imprisonment exceeding 1 year.
For the purposes of this section, the placing of a person on probation or community
control without an adjudication of guilt shall be treated as a prior conviction.
(a) In a separate proceeding, the court shall determine if the defendant is a habitual
felony offender or a habitual violent felony offender. The procedure shall be as follows:
The court shall obtain and consider a presentence investigation prior to the
imposition of a sentence as a habitual felony offender or a habitual violent felony
offender.
Written notice shall be served on the defendant and the defendant’s attorney a
sufficient time prior to the entry of a plea or prior to the imposition of sentence in order to
allow the preparation of a submission on behalf of the defendant.
Except as provided in subparagraph 1., all evidence presented shall be presented in
open court with full rights of confrontation, crossexamination, and representation by
counsel.
Each of the findings required as the basis for such sentence shall be found to exist by
a preponderance of the evidence and shall be appealable to the extent normally applicable
to similar findings.
For the purpose of identification of a habitual felony offender or a habitual violent
felony offender, the court shall fingerprint the defendant pursuant to s. 921.241.
For an offense committed on or after October 1, 1995, if the state attorney pursues a
habitual felony offender sanction or a habitual violent felony offender sanction against
the defendant and the court, in a separate proceeding pursuant to this paragraph,
determines that the defendant meets the criteria under subsection
for imposing such sanction, the court must sentence the defendant as a habitual felony
offender or a habitual violent felony offender, subject to imprisonment pursuant to this
section unless the court finds that such sentence is not necessary for the protection of the
public. If the court finds that it is not necessary for the protection of the public to
sentence the defendant as a habitual felony offender or a habitual violent felony offender,
the court shall provide written reasons; a written transcript of orally stated reasons is
permissible, if filed by the court within 7 days
after the date of sentencing. Each month, the court shall submit to the Office of Economic
and Demographic Research of the Legislature the written reasons or transcripts in each
case in which the court determines not to sentence a defendant as a habitual felony
offender or a habitual violent felony offender as provided in this subparagraph.
In a separate proceeding, the court shall determine if the defendant is a threetime
violent felony offender. The procedure shall be as follows:
The court shall obtain and consider a presentence investigation prior to the
imposition of a sentence as a threetime violent felony offender.
Written notice shall be served on the defendant and the defendant’s attorney a
sufficient time prior to the entry of a plea or prior to the imposition of sentence in order to
allow the preparation of a submission on behalf of the defendant.
Except as provided in subparagraph 1., all evidence presented shall be presented in
open court with full rights of confrontation, crossexamination, and representation by
counsel.
Each of the findings required as the basis for such sentence shall be found to exist by
a preponderance of the evidence and shall be appealable to the extent normally applicable
to similar findings.
For the purpose of identification of a threetime violent felony offender, the court
shall fingerprint the defendant pursuant to s. 921.241.
For an offense committed on or after the effective date of
this act, if the state attorney pursues a threetime violent felony offender sanction against
the defendant and the court, in a separate proceeding pursuant to this paragraph,
determines that the defendant meets the criteria under subsection (1) for imposing such
sanction, the court must sentence the defendant as a threetime violent felony offender,
subject to imprisonment pursuant to this section as provided in paragraph (4)(c).
In a separate proceeding, the court shall determine whether the defendant is a violent
career criminal with respect to a primary offense committed on or after October 1, 1995.
The procedure shall be as follows:
Written notice shall be served on the defendant and the defendant’s attorney a
sufficient time prior to the entry of a plea or prior to the imposition of sentence in order to
allow the preparation of a submission on behalf of the defendant.
All evidence presented shall be presented in open court with full rights of
confrontation, crossexamination, and representation by counsel.
Each of the findings required as the basis for such sentence shall be found to exist by
a preponderance of the evidence and shall be appealable only as provided in paragraph
(d).
For the purpose of identification, the court shall fingerprint the defendant pursuant to
s. 921.241.
For an offense committed on or after October 1, 1995, if the state attorney pursues a
violent career criminal sanction against the defendant and the court, in a separate
proceeding pursuant to this paragraph, determines that the defendant meets the criteria
under subsection (1) for imposing such sanction, the court must sentence the defendant as
a violent career criminal, subject to imprisonment pursuant to this section unless the court
finds that such sentence is not necessary for the protection of the public. If the court finds
that it is not necessary for the protection of the public to sentence the defendant as a
violent career criminal, the court shall provide written reasons; a written transcript of
orally stated reasons is permissible, if filed by the court within 7 days after the date of
sentencing. Each month, the court shall submit to the Office of Economic and
Demographic Research of the Legislature the written reasons or transcripts in each case
in which the court determines not to sentence a defendant as a violent career criminal as
provided in this subparagraph.
1. A person sentenced under paragraph (4)(d) as a violent career criminal has the
right of direct appeal, and either the state or the defendant may petition the trial court to
vacate an illegal sentence at any time. However, the determination of the trial court to
impose or not to impose a violent career criminal sentence is presumed appropriate and
no petition or motion for collateral or other postconviction relief may be considered
based on an allegation either by the state or the defendant that such sentence is
inappropriate, inadequate, or excessive.
It is the intent of the Legislature that, with respect to both direct appeal and collateral
review of violent career criminal sentences, all claims of error or illegality be raised at the
first opportunity and that no claim should be filed more than 2 years after the judgment
and sentence became final, unless it is established that the basis for the claim could not
have been ascertained at the time by the exercise of due diligence. Technical
violations and mistakes at trials and sentencing proceedings involving violent career
criminals that do not affect due process or fundamental fairness are not appealable by
either the state or the defendant.
It is the intent of the Legislature that no funds, resources, or employees of the state or
its political subdivisions be used, directly or indirectly, in appellate or collateral
proceedings based on violent career criminal sentencing, except when such use is
constitutionally or statutorily mandated.
(a) The court, in conformity with the procedure established in paragraph (3)(a), may
sentence the habitual felony offender as follows:
In the case of a life felony or a felony of the first degree, for
life.
In the case of a felony of the second degree, for a term of years not exceeding 30.
In the case of a felony of the third degree, for a term of years not exceeding 10.
The court, in conformity with the procedure established in paragraph (3)(a), may
sentence the habitual violent felony offender as follows:
In the case of a life felony or a felony of the first degree, for life, and such offender
shall not be eligible for release for 15 years.
In the case of a felony of the second degree, for a term of years not exceeding 30,
and such offender shall not be eligible for
release for 10 years.
In the case of a felony of the third degree, for a term of years not exceeding 10, and
such offender shall not be eligible for release for 5 years.
1. The court, in conformity with the procedure established in paragraph (3)(b), must
sentence the threetime violent felony offender to a mandatory minimum term of
imprisonment, as follows:
a. In the case of a felony punishable by life, to a term of imprisonment for life;
b. In the case of a felony of the first degree, to a term of imprisonment of 30 years;
c. In the case of a felony of the second degree, to a term of imprisonment of 15 years;
or
d. In the case of a felony of the third degree, to a term of imprisonment of 5 years.
Nothing in this subsection shall prevent a court from imposing a greater sentence of
incarceration as authorized by law.
The court, in conformity with the procedure established in paragraph (3)(c), shall
sentence the violent career criminal as follows:
In the case of a life felony or a felony of the first degree, for
life.
In the case of a felony of the second degree, for a term of years not exceeding 40,
with a mandatory minimum term of 30
years’ imprisonment.
In the case of a felony of the third degree, for a term of years not exceeding 15, with
a mandatory minimum term of 10 years’ imprisonment.
If the court finds, pursuant to paragraph (3)(a) or paragraph
(3)(c), that it is not necessary for the protection of the public to sentence a defendant who
meets the criteria for sentencing as a habitual felony offender, a habitual violent felony
offender, or a violent career criminal, with respect to an offense committed on or after
October 1, 1995, sentence shall be imposed without regard to this section.
At any time when it appears to the court that the defendant is eligible for sentencing
under this section, the court shall make that determination as provided in paragraph (3)
(a), paragraph (3) (b), or paragraph (3)(c).
A sentence imposed under this section shall not be increased after such imposition.
A sentence imposed under this section is not subject to s. 921.002.
The provisions of this section do not apply to capital felonies, and a sentence
authorized under this section does not preclude the imposition of the death penalty for a
capital felony.
The provisions of s. 947.1405 shall apply to persons sentenced as habitual felony
offenders and persons sentenced as habitual violent felony offenders.
1. A defendant sentenced under this section as a habitual
felony offender, a habitual violent felony offender, or a violent career criminal is eligible
for gaintime granted by the Department of Corrections as provided in s. 944.275(4)(b).
For an offense committed on or after October 1, 1995, a defendant sentenced under
this section as a violent career criminal is not eligible for any form of discretionary early
release, other than pardon or executive clemency, or conditional medical release granted
pursuant to s. 947.149.
For an offense committed on or after July 1, 1999, a defendant sentenced under this
section as a threetime violent felony offender shall be released only by expiration of
sentence and shall not be eligible for parole, control release, or any form of early release.
In order to be counted as a prior felony for purposes of sentencing under this section,
the felony must have resulted in a conviction sentenced separately prior to the current
offense and sentenced separately from any other felony conviction that is to be counted as
a prior felony.
The purpose of this section is to provide uniform punishment for those crimes made
punishable under this section, and to this end, a reference to this section constitutes a
general reference under the doctrine of incorporation by reference.
775.0844. White Collar Crime Victim Protection Act.
This section may be cited as the “White Collar Crime Victim Protection Act.”
Due to the frequency with which victims, particularly
elderly victims, are deceived and cheated by criminals who commit nonviolent frauds and
swindles, frequently through the use of the Internet and other electronic technology and
frequently causing the loss of substantial amounts of property, it is the intent of the
Legislature to enhance the sanctions imposed for nonviolent frauds and swindles, protect
the public’s property, and assist in prosecuting white collar criminals.
(3) As used in this section, “white collar crime” means:
The commission of, or a conspiracy to commit, any felony offense specified in:
Chapter 560, relating to the Money Transmitters’ Code.
Chapter 812, relating to theft, robbery, and related crimes.
Chapter 815, relating to computerrelated crimes.
Chapter 817, relating to fraudulent practices.
Chapter 825, relating to abuse, neglect, and exploitation of elderly persons and
disabled adults.
Chapter 831, relating to forgery and counterfeiting.
Chapter 832, relating to the issuance of worthless checks and drafts.
Chapter 838, relating to bribery and misuse of public office.
Chapter 839, relating to offenses by public officers and employees.
Chapter 895, relating to offenses concerning racketeering and illegal debts.
Chapter 896, relating to offenses related to financial transactions.
A felony offense that is committed with intent to defraud or that involves a
conspiracy to defraud.
A felony offense that is committed with intent to temporarily or permanently deprive
a person of his or her property or that involves a conspiracy to temporarily or
permanently deprive a person of his or her property.
A felony offense that involves or results in the commission of fraud or deceit upon a
person or that involves a conspiracy to commit fraud or deceit upon a person.
As used in this section, “aggravated white collar crime” means engaging in at least
two white collar crimes that have the same or similar intents, results, accomplices,
victims, or methods of commission, or that are otherwise interrelated by distinguishing
characteristics and are not isolated incidents, provided that at least one of such crimes
occurred after the effective date of this act.
Any person who commits an aggravated white collar crime as defined in this section
and in so doing either:
Victimizes 10 or more elderly persons, as defined in s. 825.101;
Victimizes 20 or more persons, as defined in s. 1.01; or
Victimizes the State of Florida, any state agency, any of the state’s political
subdivisions, or any agency of the state’s political subdivisions,
and thereby obtains or attempts to obtain $50,000 or more,
commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Notwithstanding any other provision of chapter 921 or any other law, an aggravated
white collar crime shall be ranked within the offense severity ranking chart at offense
severity level 9.
In addition to a sentence otherwise authorized by law, a person convicted of an
aggravated white collar crime may pay a fine of $500,000 or double the value of the
pecuniary gain or loss, whichever is greater.
A person convicted of an aggravated white collar crime under this section is liable for
all court costs and shall pay restitution to each victim of the crime, regardless of whether
the victim is named in the information or indictment. As used in this subsection, “victim”
means a person directly and proximately harmed as a result of the commission of the
offense for which restitution may be ordered, including any person directly harmed by the
defendant’s criminal conduct in the course of the commission of the aggravated white
collar crime. The court shall hold a hearing to determine the identity of qualifying victims
and shall order the defendant to pay restitution based on his or her ability to pay, in
accordance with this section and s. 775.089.
The court shall make the payment of restitution a condition of any probation granted
to the defendant by the court. Notwithstanding any other law, the court may order
continued probation for a defendant convicted under this section for up to 10 years or
until full restitution is made to the victim, whichever occurs earlier.
The court retains jurisdiction to enforce its order to pay
fines or restitution. The court may initiate proceedings against a defendant for a violation
of probation or for contempt of court if the defendant willfully fails to comply with a
lawful order of the court.
775.0845. Wearing mask while committing offense;
reclassification.
The felony or misdemeanor degree of any criminal offense, other than a violation of
ss. 876.12876.15, shall be reclassified to the next higher degree as provided in this
section if, while committing the offense, the offender was wearing a hood, mask, or other
device that concealed his or her identity.
(a) In the case of a misdemeanor of the second degree, the offense is reclassified to a
misdemeanor of the first degree.
In the case of a misdemeanor of the first degree, the offense is reclassified to a felony
of the third degree. For purposes of sentencing under chapter 921 and determining
incentive gaintime eligibility under chapter 944, such offense is ranked in level 2 of the
offense severity ranking chart.
(a) In the case of a felony of the third degree, the offense is reclassified to a felony of
the second degree.
In the case of a felony of the second degree, the offense is reclassified to a felony of
the first degree.
For purposes of sentencing under chapter 921 and determining incentive gaintime
eligibility under chapter 944, a felony offense that is reclassified under this subsection is
ranked one level above the ranking under former s. 921.0012, former s. 921.0013, s.
921.0022, or s. 921.0023 of the offense committed.
775.0846. Possession of bulletproof vest while committing certain offenses.
As used in this section, the term “bulletproof vest” means a bulletresistant soft body
armor providing, as a minimum standard, the level of protection known as “threat level
I,” which shall mean at least seven layers of bulletresistant material providing protection
from three shots of 158grain lead ammunition fired from a .38 caliber handgun at a
velocity of 850 feet per second.
No person may possess a bulletproof vest while, acting alone or with one or more
other persons, he or she commits or attempts to commit any murder, sexual battery,
robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape,
breaking and entering with intent to commit a felony, criminal gangrelated offense under
chapter 874, controlled substance offense under chapter 893, or aircraft piracy and such
possession is in the course of and in furtherance of any such crime.
Any person who violates this section commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
775.0847. Possession or promotion of certain images of child pornography;
reclassification.
(1) For purposes of this section:
“Child” means any person, whose identity is known or unknown, less than 18 years
of age.
“Child pornography” means any image depicting a minor engaged in sexual conduct.
“Sadomasochistic abuse” means flagellation or torture by or upon a person or the
condition of being fettered, bound, or otherwise physically restrained, for the purpose of
deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from
inflicting harm on another or receiving such harm oneself.
“Sexual battery” means oral, anal, or vaginal penetration by, or union with, the sexual
organ of another or the anal or vaginal penetration of another by any other object; however,
sexual battery does not include an act done for a bona fide medical purpose.
“Sexual bestiality” means any sexual act, actual or simulated, between a person and an
animal involving the sex organ of the one and the mouth, anus, or vagina of the other.
“Sexual conduct” means actual or simulated sexual intercourse, deviate sexual
intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd exhibition
of the genitals; actual physical contact with a person’s clothed or unclothed genitals, pubic
area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the
sexual desire of either party; or any act or conduct which constitutes sexual battery or
simulates that sexual battery is being or will be committed. A mother’s breastfeeding of her
baby does not under any circumstance constitute “sexual conduct.”
A violation of s. 827.071, s. 847.0135, s. 847.0137, or s. 847.0138 shall be reclassified to
the next higher degree as
provided in subsection (3) if:
The offender possesses 10 or more images of any form of child pornography
regardless of content; and
The content of at least one image contains one or more of the following:
A child who is younger than the age of 5.
Sadomasochistic abuse involving a child.
Sexual battery involving a child.
Sexual bestiality involving a child.
Any movie involving a child, regardless of length and regardless of whether the
movie contains sound.
(a) In the case of a felony of the third degree, the offense is reclassified to a felony of
the second degree.
In the case of a felony of the second degree, the offense is reclassified to a felony of
the first degree.
For purposes of sentencing under chapter 921 and determining incentive gaintime
eligibility under chapter 944, a felony offense that is reclassified under this section is
ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense
committed.
775.085. Evidencing prejudice while committing offense; reclassification.
(a) The penalty for any felony or misdemeanor shall be reclassified as provided in
this subsection if the commission of
such felony or misdemeanor evidences prejudice based on the race, color, ancestry,
ethnicity, religion, sexual orientation, national origin, homeless status, or advanced age of
the victim:
A misdemeanor of the second degree is reclassified to a misdemeanor of the first
degree.
A misdemeanor of the first degree is reclassified to a felony of the third degree.
A felony of the third degree is reclassified to a felony of the second degree.
A felony of the second degree is reclassified to a felony of the first degree.
A felony of the first degree is reclassified to a life felony.
(b) As used in paragraph (a), the term:
“Advanced age” means that the victim is older than 65 years of age.
“Homeless status” means that the victim:
a. Lacks a fixed, regular, and adequate nighttime residence; or b. Has a primary
nighttime residence that is:
I. A supervised publicly or privately operated shelter designed to provide temporary
living accommodations; or
A public or private place not designed for, or ordinarily used as, a regular sleeping
accommodation for human beings.
A person or organization that establishes by clear and convincing evidence that it has
been coerced, intimidated, or
threatened in violation of this section has a civil cause of action for treble damages, an
injunction, or any other appropriate relief in law or in equity. Upon prevailing in such
civil action, the plaintiff may recover reasonable attorney fees and costs.
It is an essential element of this section that the record reflect that the defendant
perceived, knew, or had reasonable grounds to know or perceive that the victim was
within the class delineated in this section.
775.0861. Offenses against persons on the grounds of religious
institutions; reclassification.
(1) For purposes of this section, the term:
“Religious institution” is as defined in s. 496.404.
“Religious service” is a religious ceremony, prayer, or other activity according to a
form and order prescribed for worship, including a service related to a particular
occasion.
The felony or misdemeanor degree of any violation of:
(a) Section 784.011, relating to assault;
(b) Section 784.021, relating to aggravated assault;
(c) Section 784.03, relating to battery;
(d) Section 784.041, relating to felony battery;
(e) A statute defining any offense listed in s. 775.084(1)(b)1.;
or
Any other statute defining an offense that involves the use or threat of physical force
or violence against any individual
shall be reclassified as provided in this section if the offense is committed on the
property of a religious institution while the victim is on the property for the purpose of
participating in or attending a religious service.
(a) In the case of a misdemeanor of the second degree, the offense is reclassified to a
misdemeanor of the first degree.
In the case of a misdemeanor of the first degree, the offense is reclassified to a felony
of the third degree. For purposes of sentencing under chapter 921, such offense is ranked
in level 2 of the offense severity ranking chart.
In the case of a felony of the third degree, the offense is reclassified to a felony of the
second degree.
In the case of a felony of the second degree, the offense is reclassified to a felony of
the first degree.
In the case of a felony of the first degree, the offense is reclassified to a life felony.
For purposes of sentencing under chapter 921 and determining incentive gaintime
eligibility under chapter 944, a felony offense that is reclassified under this subsection is
ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense
committed.
775.0862. Sexual offenses against students by authority figures;
reclassification.
(1) As used in this section, the term:
“Authority figure” means a person 18 years of age or older
who is employed by, volunteering at, or under contract with a school.
“School” has the same meaning as provided in s. 1003.01 and includes a private
school as defined in s. 1002.01, a voluntary prekindergarten education program as
described in s. 1002.53(3), early learning programs, a public school as described in s.
402.3025(1), the Florida School for the Deaf and the Blind, and the Florida Virtual
School established under s. 1002.37. The term does not include facilities dedicated
exclusively to the education of adults.
“Student” means a person younger than 18 years of age who is enrolled at a school.
The felony degree of a violation of an offense listed in s. 943.0435(1)(h)1.a., unless
the offense is a violation of s.
794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified as provided in this section if
the offense is committed by an authority figure of a school against a student of the
school.
(a) In the case of a felony of the third degree, the offense is reclassified to a felony of
the second degree.
In the case of a felony of the second degree, the offense is reclassified to a felony of
the first degree.
In the case of a felony of the first degree, the offense is reclassified to a life felony.
For purposes of sentencing under chapter 921 and determining incentive gaintime
eligibility under chapter 944, a felony offense that is reclassified under this subsection is
ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense
committed.
775.0863. Evidencing prejudice while committing offense against person
with mental or physical disability; reclassification.
(a) The penalty for any felony or misdemeanor shall be reclassified as provided in
this subsection if the commission of such felony or misdemeanor evidences prejudice
based on a mental or physical disability of the victim:
A misdemeanor of the second degree is reclassified to a misdemeanor of the first
degree.
A misdemeanor of the first degree is reclassified to a felony of the third degree.
A felony of the third degree is reclassified to a felony of the second degree.
A felony of the second degree is reclassified to a felony of the first degree.
A felony of the first degree is reclassified to a life felony.
As used in paragraph (a), the term “mental or physical disability” means a condition
of mental or physical incapacitation due to a developmental disability, organic brain
damage, or mental illness, and one or more mental or physical limitations that restrict a
person’s ability to perform the normal activities of daily living.
A person or organization that establishes by clear and convincing evidence that it has
been coerced, intimidated, or
threatened in violation of this section has a civil cause of action for treble damages, an
injunction, or any other appropriate relief in law or in equity. Upon prevailing in such
civil action, the plaintiff may recover reasonable attorney fees and costs.
It is an essential element of this section that the record reflect that the defendant
perceived, knew, or had reasonable grounds to know or perceive that the victim was
within the class delineated in this section.
775.087. Possession or use of weapon; aggravated battery; felony
reclassification; minimum sentence.
Unless otherwise provided by law, whenever a person is charged with a felony,
except a felony in which the use of a weapon or firearm is an essential element, and
during the commission of such felony the defendant carries, displays, uses, threatens to
use, or attempts to use any weapon or firearm, or during the commission of such felony
the defendant commits an aggravated battery, the felony for which the person is charged
shall be reclassified as follows:
In the case of a felony of the first degree, to a life felony.
In the case of a felony of the second degree, to a felony of the first degree.
In the case of a felony of the third degree, to a felony of the second degree.
For purposes of sentencing under chapter 921 and determining incentive gaintime
eligibility under chapter 944, a felony offense which is reclassified under this section is
ranked one level above
the ranking under s. 921.0022 or s. 921.0023 of the felony offense committed.
(a) 1. Any person who is convicted of a felony or an attempt to commit a felony,
regardless of whether the use of a weapon is an element of the felony, and the conviction
was for:
Murder;
Sexual battery;
Robbery;
Burglary;
Arson;
Aggravated battery;
Kidnapping;
Escape;
Aircraft piracy;
Aggravated child abuse;
Aggravated abuse of an elderly person or disabled adult;
Unlawful throwing, placing, or discharging of a destructive device or bomb;
Carjacking;
Homeinvasion robbery;
Aggravated stalking;
Trafficking in cannabis, trafficking in cocaine, capital
importation of cocaine, trafficking in illegal drugs, capital importation of illegal drugs,
trafficking in phencyclidine, capital importation of phencyclidine, trafficking in
methaqualone, capital importation of methaqualone, trafficking in amphetamine, capital
importation of amphetamine, trafficking in flunitrazepam, trafficking in gamma
hydroxybutyric acid (GHB), trafficking in 1,4Butanediol, trafficking in
Phenethylamines, or other violation of s. 893.135(1); or
q. Possession of a firearm by a felon
and during the commission of the offense, such person actually possessed a “firearm”
or “destructive device” as those terms are defined in s. 790.001, shall be sentenced to a
minimum term of imprisonment of 10 years, except that a person who is convicted for
possession of a firearm by a felon or burglary of a conveyance shall be sentenced to a
minimum term of imprisonment of 3 years if such person possessed a “firearm” or
“destructive device” during the commission of the offense. However, if an offender who
is convicted of the offense of possession of a firearm by a felon has a previous conviction
of committing or attempting to commit a felony listed in s. 775.084(1)(b)1. and actually
possessed a firearm or destructive device during the commission of the prior felony, the
offender shall be sentenced to a minimum term of imprisonment of 10 years.
Any person who is convicted of a felony or an attempt to commit a felony listed in
subsubparagraphs (a)1.a.p., regardless of whether the use of a weapon is an element of
the felony, and during the course of the commission of the felony such person discharged
a “firearm” or “destructive device” as defined in s. 790.001 shall be sentenced to a
minimum term of imprisonment
of 20 years.
Any person who is convicted of a felony or an attempt to commit a felony listed in
subsubparagraphs (a)1.a.p., regardless of whether the use of a weapon is an element of
the felony, and during the course of the commission of the felony such person discharged
a “firearm” or “destructive device” as defined in s. 790.001 and, as the result of the
discharge, death or great bodily harm was inflicted upon any person, the convicted person
shall be sentenced to a minimum term of imprisonment of not less than 25 years and not
more than a term of imprisonment of life in prison.
Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does not prevent a
court from imposing a longer sentence of incarceration as authorized by law in addition
to the minimum mandatory sentence, or from imposing a sentence of death pursuant to
other applicable law. Subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3. does
not authorize a court to impose a lesser sentence than otherwise required by law.
Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not
be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain
time under s. 944.275 or any form of discretionary early release, other than pardon or
executive clemency, or conditional medical release under s. 947.149, prior to serving the
minimum sentence.
If the minimum mandatory terms of imprisonment imposed pursuant to this section
exceed the maximum sentences authorized by s. 775.082, s. 775.084, or the Criminal
Punishment Code under chapter 921, then the mandatory minimum sentence must be
imposed. If the mandatory minimum terms of imprisonment
pursuant to this section are less than the sentences that could be imposed as authorized by
s. 775.082, s. 775.084, or the Criminal Punishment Code under chapter 921, then the
sentence imposed by the court must include the mandatory minimum term of
imprisonment as required in this section.
It is the intent of the Legislature that offenders who actually possess, carry, display,
use, threaten to use, or attempt to use firearms or destructive devices be punished to the
fullest extent of the law, and the minimum terms of imprisonment imposed pursuant to
this subsection shall be imposed for each qualifying felony count for which the person is
convicted. The court shall impose any term of imprisonment provided for in this
subsection consecutively to any other term of imprisonment imposed for any other felony
offense.
(a) 1. Any person who is convicted of a felony or an attempt to commit a felony,
regardless of whether the use of a firearm is an element of the felony, and the conviction
was for:
Murder;
Sexual battery;
Robbery;
Burglary;
Arson;
Aggravated battery;
Kidnapping;
Escape;
i. Sale, manufacture, delivery, or intent to sell, manufacture, or deliver any controlled
substance;
j. Aircraft piracy;
k. Aggravated child abuse;
l. Aggravated abuse of an elderly person or disabled adult;
m. Unlawful throwing, placing, or discharging of a destructive device or bomb;
Carjacking;
Homeinvasion robbery;
Aggravated stalking; or
“Highcapacity detachable box magazine” means any detachable box magazine, for use
in a semiautomatic firearm, which is capable of being loaded with more than 20 centerfire
cartridges.
“Semiautomatic firearm” means a firearm which is capable of firing a series of rounds by
separate successive depressions of the trigger and which uses the energy of discharge to
perform a
portion of the operating cycle.
775.0875. Unlawful taking, possession, or use of law enforcement
officer’s firearm; crime reclassification; penalties.
A person who, without authorization, takes a firearm from a law enforcement officer
lawfully engaged in law enforcement duties commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If a person violates subsection (1) and commits any other crime involving the firearm
taken from the law enforcement officer, such crime shall be reclassified as follows:
(a) 1. In the case of a felony of the first degree, to a life felony.
In the case of a felony of the second degree, to a felony of the first degree.
In the case of a felony of the third degree, to a felony of the
second degree.
For purposes of sentencing under chapter 921 and determining incentive gaintime
eligibility under chapter 944, a felony offense that is reclassified under this paragraph is
ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense
committed.
In the case of a misdemeanor, to a felony of the third degree. For purposes of
sentencing under chapter 921 and determining incentive gaintime eligibility under
chapter 944, such offense is ranked in level 2 of the offense severity ranking chart.
A person who possesses a firearm that he or she knows was unlawfully taken from a
law enforcement officer commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
775.0877. Criminal transmission of HIV; procedures; penalties.
In any case in which a person has been convicted of or has pled nolo contendere or
guilty to, regardless of whether adjudication is withheld, any of the following offenses, or
the attempt thereof, which offense or attempted offense involves the transmission of body
fluids from one person to another:
Section 794.011, relating to sexual battery;
Section 826.04, relating to incest;
Sections 784.011, 784.07(2)(a), and 784.08(2)(d), relating to assault;
Sections 784.021, 784.07(2)(c), and 784.08(2)(b), relating to aggravated assault;
Sections 784.03, 784.07(2)(b), and 784.08(2)(c), relating to battery;
Sections 784.045, 784.07(2)(d), and 784.08(2)(a), relating to aggravated battery;
Section 827.03(2)(c), relating to child abuse;
Section 827.03(2)(a), relating to aggravated child abuse;
Section 825.102(1), relating to abuse of an elderly person or disabled adult;
Section 825.102(2), relating to aggravated abuse of an elderly person or disabled
adult;
Section 827.071, relating to sexual performance by person less than 18 years of age;
Sections 796.07 and 796.08, relating to prostitution;
Section 381.0041(11)(b), relating to donation of blood, plasma, organs, skin, or other
human tissue; or
Sections 787.06(3)(b), (d), (f), and (g), relating to human trafficking,
the court shall order the offender to undergo HIV testing, to be performed under the
direction of the Department of Health in
accordance with s. 381.004, unless the offender has undergone HIV testing voluntarily or
pursuant to procedures established in s. 381.004(2)(h)6. or s. 951.27, or any other
applicable law or rule providing for HIV testing of criminal offenders or inmates,
subsequent to her or his arrest for an offense enumerated in paragraphs (a)(n) for which
she or he was convicted or to which she or he pled nolo contendere or guilty. The results
of an HIV test performed on an offender pursuant to this subsection are not admissible in
any criminal proceeding arising out of the alleged offense.
The results of the HIV test must be disclosed under the direction of the Department
of Health, to the offender who has been convicted of or pled nolo contendere or guilty to
an offense specified in subsection (1), the public health agency of the county in which the
conviction occurred and, if different, the county of residence of the offender, and, upon
request pursuant to s. 960.003, to the victim or the victim’s legal guardian, or the parent
or legal guardian of the victim if the victim is a minor.
An offender who has undergone HIV testing pursuant to subsection (1), and to whom
positive test results have been disclosed pursuant to subsection (2), who commits a
second or subsequent offense enumerated in paragraphs (1)(a)(n), commits criminal
transmission of HIV, a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. A person may be convicted and sentenced separately for a
violation of this subsection and for the underlying crime enumerated in paragraphs (1)(a)
(n).
An offender may challenge the positive results of an HIV test performed pursuant to
this section and may introduce results
of a backup test performed at her or his own expense.
Nothing in this section requires that an HIV infection have occurred in order for an
offender to have committed criminal transmission of HIV.
For an alleged violation of any offense enumerated in paragraphs (1)(a)(n) for which
the consent of the victim may be raised as a defense in a criminal prosecution, it is an
affirmative defense to a charge of violating this section that the person exposed knew that
the offender was infected with HIV, knew that the action being taken could result in
transmission of the HIV infection, and consented to the action voluntarily with that
knowledge.
775.089. Restitution.
(a) In addition to any punishment, the court shall order the defendant to make
restitution to the victim for:
Damage or loss caused directly or indirectly by the defendant’s offense; and
Damage or loss related to the defendant’s criminal episode,
unless it finds clear and compelling reasons not to order such restitution. Restitution
may be monetary or nonmonetary restitution. The court shall make the payment of
restitution a condition of probation in accordance with s. 948.03. An order requiring the
defendant to make restitution to a victim does not remove or diminish the requirement
that the court order payment to the Crimes Compensation Trust Fund pursuant to chapter
960. Payment of an award by the Crimes Compensation Trust Fund
shall create an order of restitution to the Crimes Compensation Trust Fund, unless
specifically waived in accordance with subparagraph (b)1.
1. If the court does not order restitution, or orders restitution of only a portion of the
damages, as provided in this section, it shall state on the record in detail the reasons
therefor.
An order of restitution entered as part of a plea agreement is as definitive and binding
as any other order of restitution, and a statement to such effect must be made part of the
plea agreement. A plea agreement may contain provisions that order restitution relating to
criminal offenses committed by the defendant to which the defendant did not specifically
enter a plea.
The term “victim” as used in this section and in any provision of law relating to
restitution means:
Each person who suffers property damage or loss, monetary expense, or physical
injury or death as a direct or indirect result of the defendant’s offense or criminal episode,
and also includes the victim’s estate if the victim is deceased, and the victim’s next of kin
if the victim is deceased as a result of the offense. The term includes governmental
entities and political subdivisions, as those terms are defined in s. 11.45, when such
entities are a direct victim of the defendant’s offense or criminal episode and not merely
providing public services in response to the offense or criminal episode.
The term also includes the victim’s trade association if the offense is a violation of s.
540.11(3)(a)3. involving the sale, or possession for purposes of sale, of physical articles
and the victim has granted the trade association written authorization to represent
the victim’s interests in criminal legal proceedings and to collect restitution on the
victim’s behalf. The restitution obligation in this subparagraph relating to violations of s.
540.11(3)(a)3. applies only to physical articles and does not apply to electronic articles or
digital files that are distributed or made available online. As used in this subparagraph,
the term “trade association” means an organization founded and funded by businesses
that operate in a specific industry to protect their collective interests.
(a) When an offense has resulted in bodily injury to a victim, a restitution order
entered under subsection (1) shall require that the defendant:
Pay the cost of necessary medical and related professional services and devices
relating to physical, psychiatric, and psychological care, including nonmedical care and
treatment rendered in accordance with a recognized method of healing.
Pay the cost of necessary physical and occupational therapy and rehabilitation.
Reimburse the victim for income lost by the victim as a result of the offense.
In the case of an offense which resulted in bodily injury that also resulted in the
death of a victim, pay an amount equal to the cost of necessary funeral and related
services.
When an offense has not resulted in bodily injury to a victim, a restitution order
entered under subsection (1) may require that the defendant reimburse the victim for
income lost by the victim as a result of the offense.
(a) The court may require that the defendant make
restitution under this section within a specified period or in specified installments.
The end of such period or the last such installment shall not be later than:
The end of the period of probation if probation is ordered;
Five years after the end of the term of imprisonment imposed if the court does not
order probation; or
Five years after the date of sentencing in any other case.
will not bar any subsequent civil remedy or recovery, but the amount of such restitution
shall be set off against any subsequent independent civil recovery.
When a corporation or unincorporated association is ordered to make restitution, the
person authorized to make disbursements from the assets of such corporation or
association shall pay restitution from such assets, and such person may be held in
contempt for failure to make such restitution.
(a) Any default in payment of restitution may be collected by any means authorized
by law for enforcement of a judgment.
The restitution obligation is not subject to discharge in bankruptcy, whether
voluntary or involuntary, or to any other statutory or commonlaw proceeding for relief
against creditors.
(a) The court may order the clerk of the court to collect and dispense restitution
payments in any case.
The court may order the Department of Corrections to collect and dispense restitution
and other payments from persons remanded to its custody or supervision.
(a) Issuance of income deduction order with an order for restitution.—
Upon the entry of an order for restitution, the court shall enter a separate order for
income deduction if one has not been entered.
The income deduction order shall direct a payor to deduct from all income due and
payable to the defendant the amount required by the court to meet the defendant’s
obligation.
The income deduction order shall be effective so long as the order for restitution
upon which it is based is effective or until further order of the court.
When the court orders the income deduction, the court shall furnish to the defendant
a statement of his or her rights, remedies, and duties in regard to the income deduction
order. The statement shall state:
a. All fees or interest which shall be imposed.
b. The total amount of income to be deducted for each pay period.
c. That the income deduction order applies to current and subsequent payors and
periods of employment.
d. That a copy of the income deduction order will be served on the defendant’s payor
or payors.
e. That enforcement of the income deduction order may only be contested on the
ground of mistake of fact regarding the amount of restitution owed.
f. That the defendant is required to notify the clerk of court within 7 days after
changes in the defendant’s address, payors, and the addresses of his or her payors.
(b) Enforcement of income deduction orders.—
The clerk of court or probation officer shall serve an income deduction order and the
notice to payor on the defendant’s payor unless the defendant has applied for a hearing to
contest the enforcement of the income deduction order.
a. Service by or upon any person who is a party to a proceeding under this subsection
shall be made in the manner prescribed in the Florida Rules of Civil Procedure for service
upon parties.
b. Service upon the defendant’s payor or successor payor under this subsection shall
be made by prepaid certified mail, return receipt requested, or in the manner prescribed in
chapter 48.
The defendant, within 15 days after having an income deduction order entered
against him or her, may apply for a hearing to contest the enforcement of the income
deduction order on the ground of mistake of fact regarding the amount of restitution
owed. The timely request for a hearing shall stay the service of an income deduction
order on all payors of the defendant until a hearing is held and a determination is made as
to whether the enforcement of the income deduction order is proper.
The notice to payor shall contain only information necessary for the payor to comply
with the income deduction order. The notice shall:
a. Require the payor to deduct from the defendant’s income the amount specified in
the income deduction order and to pay that amount to the clerk of court.
b. Instruct the payor to implement the income deduction order no later than the first
payment date which occurs more than 14 days after the date the income deduction order
was served on the payor.
c. Instruct the payor to forward within 2 days after each payment date to the clerk of
court the amount deducted from the
defendant’s income and a statement as to whether the amount totally or partially satisfies
the periodic amount specified in the income deduction order.
d. Specify that, if a payor fails to deduct the proper amount from the defendant’s
income, the payor is liable for the amount the payor should have deducted plus costs,
interest, and reasonable attorney’s fees.
e. Provide that the payor may collect up to $5 against the defendant’s income to
reimburse the payor for administrative costs for the first income deduction and up to $2
for each deduction thereafter.
f. State that the income deduction order and the notice to payor are binding on the
payor until further notice by the court or until the payor no longer provides income to the
defendant.
g. Instruct the payor that, when he or she no longer provides income to the defendant,
the payor shall notify the clerk of court and shall also provide the defendant’s last known
address and the name and address of the defendant’s new payor, if known, and that, if the
payor violates this provision, the payor is subject to a civil penalty not to exceed $250 for
the first violation or $500 for any subsequent violation.
h. State that the payor shall not discharge, refuse to employ, or take disciplinary
action against the defendant because of an income deduction order and shall state that a
violation of this provision subjects the payor to a civil penalty not to exceed $250 for the
first violation or $500 for any subsequent violation.
i. Inform the payor that, when he or she receives income
deduction orders requiring that the income of two or more defendants be deducted and
sent to the same clerk of court, the payor may combine the amounts that are to be paid to
the depository in a single payment as long as he or she identifies that portion of the
payment attributable to each defendant.
j. Inform the payor that if the payor receives more than one income deduction order
against the same defendant, he or she shall contact the court for further instructions.
The clerk of court shall enforce income deduction orders against the defendant’s
successor payor who is located in this state in the same manner prescribed in this
subsection for the enforcement of an income deduction order against an original payor.
A person may not discharge, refuse to employ, or take disciplinary action against an
employee because of the enforcement of an income deduction order. An employer who
violates this provision is subject to a civil penalty not to exceed $250 for the first
violation or $500 for any subsequent violation.
When a payor no longer provides income to a defendant, the payor shall notify the
clerk of court and shall provide the defendant’s last known address and the name and
address of the defendant’s new payor, if known. A payor who violates this provision is
subject to a civil penalty not to exceed $250 for the first violation or $500 for a
subsequent violation.
775.13. Registration of convicted felons, exemptions; penalties.
As used in this section, the term “convicted” means, with
respect to a person’s felony offense, a determination of guilt which is the result of a trial
or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is
withheld.
Any person who has been convicted of a felony in any court of this state shall, within
48 hours after entering any county in this state, register with the sheriff of said county, be
fingerprinted and photographed, and list the crime for which convicted, place of
conviction, sentence imposed, if any, name, aliases, if any, address, and occupation. If the
felony conviction is for an offense that was found, pursuant to s. 874.04, to have been
committed for the purpose of benefiting, promoting, or furthering the interests of a
criminal gang, the registrant shall identify himself or herself as such an offender. The
Department of Law Enforcement, in consultation with appropriate local law enforcement
agencies, may develop standardized practices for the inclusion of gang affiliation at the
time of offender registration.
Any person who has been convicted of a crime in any federal court or in any court of
a state other than Florida, or of any foreign state or country, which crime if committed in
Florida would be a felony, shall forthwith within 48 hours after entering any county in
this state register with the sheriff of said county in the same manner as provided for in
subsection (2).
This section does not apply to an offender:
Who has had his or her civil rights restored;
Who has received a full pardon for the offense for which convicted;
Who has been lawfully released from incarceration or other
sentence or supervision for a felony conviction for more than 5 years prior to such time
for registration, unless the offender is a fugitive from justice on a felony charge or has
been convicted of any offense since release from such incarceration or other sentence or
supervision;
Who is a parolee or probationer under the supervision of the United States Parole
Commission if the commission knows of and consents to the presence of the offender in
Florida or is a probationer under the supervision of any federal probation officer in the
state or who has been lawfully discharged from such parole or probation;
Who is a sexual predator and has registered as required under s. 775.21;
Who is a sexual offender and has registered as required in s. 943.0435 or s. 944.607;
or
Who is a career offender who has registered as required in s. 775.261 or s. 944.609.
The failure of any such convicted felon to comply with this section:
With regard to any felon not listed in paragraph (b), constitutes a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083.
With regard to any felon who has been found, pursuant to s. 874.04, to have
committed any offense for the purpose of benefiting, promoting, or furthering the
interests of a criminal gang, constitutes a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Nothing in this section shall be construed to affect any law of this state relating to
registration of criminals where the penalties for registration, notification, or reporting
obligations are in addition to, or in excess of, those imposed by this section.
775.15. Time limitations; general time limitations; exceptions.
A prosecution for a capital felony, a life felony, or a felony that resulted in a death
may be commenced at any time. If the death penalty is held to be unconstitutional by the
Florida Supreme Court or the United States Supreme Court, all crimes designated as
capital felonies shall be considered life felonies for the purposes of this section, and
prosecution for such crimes may be commenced at any time.
Except as otherwise provided in this section, prosecutions for other offenses are
subject to the following periods of limitation:
A prosecution for a felony of the first degree must be commenced within 4 years
after it is committed.
A prosecution for any other felony must be commenced within 3 years after it is
committed.
A prosecution for a misdemeanor of the first degree must be commenced within 2
years after it is committed.
A prosecution for a misdemeanor of the second degree or a noncriminal violation
must be commenced within 1 year after it is committed.
An offense is committed either when every element has
occurred or, if a legislative purpose to prohibit a continuing course of conduct plainly
appears, at the time when the course of conduct or the defendant’s complicity therein is
terminated. Time starts to run on the day after the offense is committed.
(a) Prosecution on a charge on which the defendant has previously been arrested or
served with a summons is commenced by the filing of an indictment, information, or
other charging document.
A prosecution on a charge on which the defendant has not previously been arrested or
served with a summons is commenced when either an indictment or information is filed,
provided the capias, summons, or other process issued on such indictment or information
is executed without unreasonable delay. In determining what is reasonable, inability to
locate the defendant after diligent search or the defendant’s absence from the state shall
be considered. The failure to execute process on or extradite a defendant in another state
who has been charged by information or indictment with a crime in this state shall not
constitute an unreasonable delay.
If, however, an indictment or information has been filed within the time period
prescribed in this section and the indictment or information is dismissed or set aside
because of a defect in its content or form after the time period has elapsed, the period for
commencing prosecution shall be extended 3 months from the time the indictment or
information is dismissed or set aside.
The period of limitation does not run during any time when the defendant is
continuously absent from the state or has no
reasonably ascertainable place of abode or work within the state. This provision shall not
extend the period of limitation otherwise applicable by more than 3 years, but shall not be
construed to limit the prosecution of a defendant who has been timely charged by
indictment or information or other charging document and who has not been arrested due
to his or her absence from this state or has not been extradited for prosecution from
another state.
A prosecution for perjury in an official proceeding that relates to the prosecution of a
capital felony may be commenced at any time.
A prosecution for a felony that resulted in injury to any person, when such felony
arises from the use of a “destructive device,” as defined in s. 790.001, may be
commenced within 10 years.
A prosecution for a felony violation of chapter 517 or s. 409.920 must be
commenced within 5 years after the violation is committed.
A prosecution for a felony violation of chapter 403 must be commenced within 5
years after the date of discovery of the violation.
A prosecution for a felony violation of s. 825.102 or s. 825.103 must be commenced
within 5 years after it is committed.
A prosecution for a felony violation of ss. 440.105 and 817.234 must be commenced
within 5 years after the violation is committed.
If the period prescribed in subsection (2), subsection (8), subsection (9), subsection
(10), or subsection (11) has expired, a
prosecution may nevertheless be commenced for:
Any offense, a material element of which is either fraud or a breach of fiduciary
obligation, within 1 year after discovery of the offense by an aggrieved party or by a
person who has a legal duty to represent an aggrieved party and who is himself or herself
not a party to the offense, but in no case shall this provision extend the period of
limitation otherwise applicable by more than 3 years.
Any offense based upon misconduct in office by a public officer or employee at any
time when the defendant is in public office or employment, within 2 years from the time
he or she leaves public office or employment, or during any time permitted by any other
part of this section, whichever time is greater.
(a) If the victim of a violation of s. 794.011, former s. 794.05, Florida Statutes 1995,
s. 800.04, s. 826.04, or s.
847.0135(5) is under the age of 18, the applicable period of limitation, if any, does not
begin to run until the victim has reached the age of 18 or the violation is reported to a law
enforcement agency or other governmental agency, whichever occurs earlier. Such law
enforcement agency or other governmental agency shall promptly report such allegation
to the state attorney for the judicial circuit in which the alleged violation occurred. If the
offense is a first or second degree felony violation of s. 794.011, and the offense is
reported within 72 hours after its commission, the prosecution for such offense may be
commenced at any time. This paragraph applies to any such offense except an offense the
prosecution of which would have been barred by subsection (2) on or before December
31, 1984.
If the offense is a first degree felony violation of s. 794.011
and the victim was under 18 years of age at the time the offense was committed, a
prosecution of the offense may be commenced at any time. This paragraph applies to any
such offense except an offense the prosecution of which would have been barred by
subsection (2) on or before October 1, 2003.
If the offense is a violation of s. 794.011 and the victim was under 16 years of age at
the time the offense was committed, a prosecution of the offense may be commenced at
any time. This paragraph applies to any such offense except an offense the prosecution of
which would have been barred by subsection (2) on or before July 1, 2010.
(a) A prosecution for a first or second degree felony violation of s. 794.011, if the
victim is 16 years of age or older at the time of the offense and the offense is reported to
a law enforcement agency within 72 hours after commission of the offense, may be
commenced at any time.
Except as provided in paragraph (a) or paragraph (13)(b), a prosecution for a first or
second degree felony violation of s. 794.011, if the victim is 16 years of age or older at
the time of the offense, must be commenced within 8 years after the violation is
committed. This paragraph applies to any such offense except an offense the prosecution
of which would have been barred by subsection (2) on or before July 1, 2015.
(a) In addition to the time periods prescribed in this section, a prosecution for any of
the following offenses may be commenced within 1 year after the date on which the
identity of the accused is established, or should have been established by the
exercise of due diligence, through the
analysis of
deoxyribonucleic acid (DNA) evidence, if a sufficient portion of the evidence collected at
the time of the original investigation and tested for DNA is preserved and available for
testing by the accused:
An offense of sexual battery under chapter 794.
A lewd or lascivious offense under s. 800.04 or s. 825.1025.
This subsection applies to any offense that is not otherwise barred from prosecution
between July 1, 2004, and June 30, 2006.
(a) In addition to the time periods prescribed in this section, a prosecution for any of
the following offenses may be commenced at any time after the date on which the
identity of the accused is established, or should have been established by the exercise of
due diligence, through the analysis of deoxyribonucleic acid (DNA) evidence, if a
sufficient portion of the evidence collected at the time of the original investigation and
tested for DNA is preserved and available for testing by the accused:
Aggravated battery or any felony battery offense under chapter 784.
Kidnapping under s. 787.01 or false imprisonment under s. 787.02.
An offense of sexual battery under chapter 794.
A lewd or lascivious offense under s. 800.04, s. 825.1025, or s. 847.0135(5).
A burglary offense under s. 810.02.
A robbery offense under s. 812.13, s. 812.131, or s. 812.135.
Carjacking under s. 812.133.
Aggravated child abuse under s. 827.03.
This subsection applies to any offense that is not otherwise barred from prosecution
on or after July 1, 2006.
In addition to the time periods prescribed in this section, a prosecution for video
voyeurism in violation of s. 810.145 may be commenced within 1 year after the date on
which the victim of video voyeurism obtains actual knowledge of the existence of such a
recording or the date on which the recording is confiscated by a law enforcement agency,
whichever occurs first. Any dissemination of such a recording before the victim obtains
actual knowledge thereof or before its confiscation by a law enforcement agency does not
affect any provision of this subsection.
If the offense is a violation of s. 800.04(4) or (5) and the victim was under 16 years
of age at the time the offense was committed, a prosecution of the offense may be
commenced at any time, unless, at the time of the offense, the offender is less than 18
years of age and is no more than 4 years older than the victim. This subsection applies to
an offense that is not otherwise barred from prosecution on or before October 1, 2014.
A prosecution for a violation of s. 787.06 may be commenced at any time. This
subsection applies to any such offense except an offense the prosecution of which would
have been barred by subsection (2) on or before October 1, 2014.
775.16. Drug offenses; additional penalties.
In addition to any other penalty provided by law, a person who has been convicted of
sale of or trafficking in, or conspiracy to sell or traffic in, a controlled substance under
chapter 893, if such offense is a felony, or who has been convicted of an offense under
the laws of any state or country which, if committed in this state, would constitute the
felony of selling or trafficking in, or conspiracy to sell or traffic in, a controlled substance
under chapter 893, is:
Disqualified from applying for employment by any agency of the state, unless:
The person has completed all sentences of imprisonment or supervisory sanctions
imposed by the court, by the Florida Commission on Offender Review, or by law; or
The person has complied with the conditions of subparagraphs 1. and 2. which shall
be monitored by the Department of Corrections while the person is under any supervisory
sanctions. The person under supervision may:
Seek evaluation and enrollment in, and once enrolled maintain enrollment in until
completion, a drug treatment and rehabilitation program which is approved by the
Department of Children and Families, unless it is deemed by the program that the person
does not have a substance abuse problem. The treatment and rehabilitation program may
be specified by:
a. The court, in the case of courtordered supervisory sanctions;
b. The Florida Commission on Offender Review, in the case of parole, control
release, or conditional release; or
c. The Department of Corrections, in the case of imprisonment
or any other supervision required by law.
b. The Florida Commission on Offender Review, in the case of parole, control
release, or conditional release; or
c. The Department of Corrections, in the case of imprisonment or any other
supervision required by law.
Submit to periodic urine drug testing pursuant to procedures prescribed by the
Department of Corrections. If the person is indigent, the costs shall be paid by the
Department of Corrections; or
The person has successfully completed an appropriate program under the
Correctional Education Program.
The provisions of this section do not apply to any of the taxes, fees, or permits
regulated, controlled, or administered by the Department of Revenue in accordance with
the provisions of s. 213.05.
775.21. The Florida Sexual Predators Act.
SHORT TITLE.—This section may be cited as “The Florida Sexual Predators Act.”
DEFINITIONS.—As used in this section, the term:
“Change in status at an institution of higher education” means the commencement or
termination of enrollment, including, but not limited to, traditional classroom setting or
online courses, or employment, whether for compensation or as a volunteer, at an
institution of higher education or a change in location of enrollment or employment,
whether for compensation or as a volunteer, at an institution of higher education.
“Chief of police” means the chief law enforcement officer of a municipality.
“Child care facility” has the same meaning as provided in s. 402.302.
“Community” means any county where the sexual predator lives or otherwise establishes
or maintains a permanent, temporary, or transient residence.
“Conviction” means a determination of guilt which is the result of a trial or the entry of a
plea of guilty or nolo contendere, regardless of whether adjudication is withheld. A
conviction for a similar offense includes, but is not limited to, a conviction by a federal or
military tribunal, including courtsmartial conducted by the Armed Forces of the United
States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a
sanction in any state of the United States or other jurisdiction. A sanction includes, but is not
limited to, a fine, probation, community control, parole, conditional release, control release,
or incarceration in a state prison, federal prison, private correctional facility, or local
detention facility.
“Department” means the Department of Law Enforcement.
“Electronic mail address” has the same meaning as provided in s. 668.602.
“Entering the county” includes being discharged from a correctional facility or jail or
secure treatment facility within the county or being under supervision within the county for
the commission of a violation enumerated in subsection (4).
“Institution of higher education” means a career center, a
community college, a college, a state university, or an independent postsecondary
institution.
“Internet identifier” includes, but is not limited to, all website uniform resource
locators (URLs) and application software, whether mobile or nonmobile, used for
Internet communication, including anonymous communication, through electronic mail,
chat, instant messages, social networking, social gaming, or other similar programs and
all corresponding usernames, logins, screen names, and screen identifiers associated with
each URL or application software. Internet identifier does not include a date of birth,
Social Security number, personal identification number (PIN), URL, or application
software used for utility, banking, retail, or medical purposes. Voluntary disclosure by a
sexual predator or sexual offender of his or her date of birth, Social Security number, or
PIN as an Internet identifier waives the disclosure exemption in this paragraph for such
personal information.
“Permanent residence” means a place where the person abides, lodges, or resides for
5 or more consecutive days.
“Professional license” means the document of authorization or certification issued by
an agency of this state for a regulatory purpose, or by any similar agency in another
jurisdiction for a regulatory purpose, to a person to engage in an occupation or to carry
out a trade or business.
“Temporary residence” means a place where the person abides, lodges, or resides,
including, but not limited to, vacation, business, or personal travel destinations in or out
of this state, for a period of 5 or more days in the aggregate during any calendar
year and which is not the person’s permanent address or, for a person whose permanent
residence is not in this state, a place where the person is employed, practices a vocation,
or is enrolled as a student for any period of time in this state.
“Transient residence” means a county where a person lives, remains, or is located for
a period of 5 or more days in the aggregate during a calendar year and which is not the
person’s permanent or temporary address. The term includes, but is not limited to, a place
where the person sleeps or seeks shelter and a location that has no specific street address.
“Vehicles owned” means any motor vehicle as defined in s. 320.01, which is
registered, coregistered, leased, titled, or rented by a sexual predator or sexual offender; a
rented vehicle that a sexual predator or sexual offender is authorized to drive; or a vehicle
for which a sexual predator or sexual offender is insured as a driver. The term also
includes any motor vehicle as defined in s. 320.01, which is registered, coregistered,
leased, titled, or rented by a person or persons residing at a sexual predator’s or sexual
offender’s permanent residence for 5 or more consecutive days.
(3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE INTENT.—
Repeat sexual offenders, sexual offenders who use physical violence, and sexual
offenders who prey on children are sexual predators who present an extreme threat to the
public safety. Sexual offenders are extremely likely to use physical violence and to repeat
their offenses, and most sexual offenders commit many offenses, have many more
victims than are ever reported, and are
prosecuted for only a fraction of their crimes. This makes the cost of sexual offender
victimization to society at large, while incalculable, clearly exorbitant.
The high level of threat that a sexual predator presents to the public safety, and the
longterm effects suffered by victims of sex offenses, provide the state with sufficient
justification to implement a strategy that includes:
Incarcerating sexual predators and maintaining adequate facilities to ensure that
decisions to release sexual predators into the community are not made on the basis of
inadequate space.
Providing for specialized supervision of sexual predators who are in the community
by specially trained probation officers with low caseloads, as described in ss. 947.1405(7)
and 948.30. The sexual predator is subject to specified terms and conditions implemented
at sentencing or at the time of release from incarceration, with a requirement that those
who are financially able must pay all or part of the costs of supervision.
Requiring the registration of sexual predators, with a requirement that complete and
accurate information be maintained and accessible for use by law enforcement
authorities, communities, and the public.
Providing for community and public notification concerning the presence of sexual
predators.
Prohibiting sexual predators from working with children, either for compensation or
as a volunteer.
The state has a compelling interest in protecting the public from sexual predators and
in protecting children from predatory
sexual activity, and there is sufficient justification for requiring sexual predators to
register and for requiring community and public notification of the presence of sexual
predators.
It is the purpose of the Legislature that, upon the court’s written finding that an
offender is a sexual predator, in order to protect the public, it is necessary that the sexual
predator be registered with the department and that members of the community and the
public be notified of the sexual predator’s presence. The designation of a person as a
sexual predator is neither a sentence nor a punishment but simply a status resulting from
the conviction of certain crimes.
It is the intent of the Legislature to address the problem of sexual predators by:
Requiring sexual predators supervised in the community to have special conditions of
supervision and to be supervised by probation officers with low caseloads;
Requiring sexual predators to register with the Florida Department of Law
Enforcement, as provided in this section; and
Requiring community and public notification of the presence of a sexual predator, as
provided in this section.
(4) SEXUAL PREDATOR CRITERIA.—
For a current offense committed on or after October 1, 1993, upon conviction, an
offender shall be designated as a “sexual predator” under subsection (5), and subject to
registration under subsection (6) and community and public notification under subsection
(7) if:
1. The felony is:
a. A capital, life, or first degree felony violation, or any attempt thereof, of s. 787.01
or s. 787.02, where the victim is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a
violation of a similar law of another jurisdiction; or
b. Any felony violation, or any attempt thereof, of s. 393.135(2); s. 394.4593(2); s.
787.01, s. 787.02, or s. 787.025(2) (c), where the victim is a minor; s. 787.06(3)(b), (d),
(f), or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05; former
s. 796.03; former s. 796.035; s. 800.04; s.
810.145(8)(b); s. 825.1025; s. 827.071; s. 847.0135, excluding s.
847.0135(6); s. 847.0145; s. 895.03, if the court makes a written finding that the
racketeering activity involved at least one sexual offense listed in this subsubparagraph
or at least one offense listed in this subsubparagraph with sexual intent or motive; s.
916.1075(2); or s. 985.701(1); or a violation of a similar law of another jurisdiction, and
the offender has previously been convicted of or found to have committed, or has pled
nolo contendere or guilty to, regardless of adjudication, any violation of s. 393.135(2); s.
394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10);
s. 794.05; former s. 796.03; former s. 796.035; s.
800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
847.0145; s. 895.03, if the court makes a written finding that the racketeering activity
involved at least one sexual offense listed in this subsubparagraph or at least one offense
listed in this subsubparagraph with sexual intent or motive; s. 916.1075(2); or s.
985.701(1); or a violation of a
similar law of another jurisdiction;
The offender has not received a pardon for any felony or similar law of another
jurisdiction that is necessary for the operation of this paragraph; and
A conviction of a felony or similar law of another jurisdiction necessary to the
operation of this paragraph has not been set aside in any postconviction proceeding.
In order to be counted as a prior felony for purposes of this subsection, the felony
must have resulted in a conviction sentenced separately, or an adjudication of
delinquency entered separately, prior to the current offense and sentenced or adjudicated
separately from any other felony conviction that is to be counted as a prior felony
regardless of the date of offense of the prior felony.
If an offender has been registered as a sexual predator by the Department of
Corrections, the department, or any other law enforcement agency and if:
The court did not, for whatever reason, make a written finding at the time of
sentencing that the offender was a sexual predator; or
The offender was administratively registered as a sexual predator because the
Department of Corrections, the department, or any other law enforcement agency
obtained information that indicated that the offender met the criteria for designation as a
sexual predator based on a violation of a similar law in another jurisdiction,
the department shall remove that offender from the
department’s list of sexual predators and, for an offender described under subparagraph
1., shall notify the state attorney who prosecuted the offense that met the criteria for
administrative designation as a sexual predator, and, for an offender described under this
paragraph, shall notify the state attorney of the county where the offender establishes or
maintains a permanent, temporary, or transient residence. The state attorney shall bring
the matter to the court’s attention in order to establish that the offender meets the criteria
for designation as a sexual predator. If the court makes a written finding that the offender
is a sexual predator, the offender must be designated as a sexual predator, must register or
be registered as a sexual predator with the department as provided in subsection (6), and
is subject to the community and public notification as provided in subsection (7). If the
court does not make a written finding that the offender is a sexual predator, the offender
may not be designated as a sexual predator with respect to that offense and is not required
to register or be registered as a sexual predator with the department.
An offender who has been determined to be a sexually violent predator pursuant to a
civil commitment proceeding under chapter 394 shall be designated as a “sexual
predator” under subsection (5) and subject to registration under subsection (6) and
community and public notification under subsection (7).
SEXUAL PREDATOR DESIGNATION.—An offender is designated as a sexual
predator as follows:
1. An offender who meets the sexual predator criteria described in paragraph (4)(d) is
a sexual predator, and the court shall make a written finding at the time such offender is
determined to be a sexually violent predator under chapter 394
that such person meets the criteria for designation as a sexual predator for purposes of
this section. The clerk shall transmit a copy of the order containing the written finding to
the department within 48 hours after the entry of the order;
An offender who meets the sexual predator criteria described in paragraph (4)(a) who
is before the court for sentencing for a current offense committed on or after October 1,
1993, is a sexual predator, and the sentencing court must make a written finding at the
time of sentencing that the offender is a sexual predator, and the clerk of the court shall
transmit a copy of the order containing the written finding to the department within 48
hours after the entry of the order; or
If the Department of Corrections, the department, or any other law enforcement
agency obtains information which indicates that an offender who establishes or maintains
a permanent, temporary, or transient residence in this state meets the sexual predator
criteria described in paragraph (4)(a) or paragraph (4)(d) because the offender was civilly
committed or committed a similar violation in another jurisdiction on or after October 1,
1993, the Department of Corrections, the department, or the law enforcement agency
shall notify the state attorney of the county where the offender establishes or maintains a
permanent, temporary, or transient residence of the offender’s presence in the
community. The state attorney shall file a petition with the criminal division of the circuit
court for the purpose of holding a hearing to determine if the offender’s criminal record
or record of civil commitment from another jurisdiction meets the sexual predator
criteria. If the court finds that the offender meets the sexual predator criteria because the
offender has violated a
similar law or similar laws in another jurisdiction, the court shall make a written finding
that the offender is a sexual predator.
When the court makes a written finding that an offender is a sexual predator, the
court shall inform the sexual predator of the registration and community and public
notification requirements described in this section. Within 48 hours after the court
designating an offender as a sexual predator, the clerk of the circuit court shall transmit a
copy of the court’s written sexual predator finding to the department. If the offender is
sentenced to a term of imprisonment or supervision, a copy of the court’s written sexual
predator finding must be submitted to the Department of Corrections.
If a sexual predator is not sentenced to a term of imprisonment, the clerk of the court
shall ensure that the sexual predator’s fingerprints are taken and forwarded to the
department within 48 hours after the court renders its written sexual predator finding. The
fingerprints shall be clearly marked, “Sexual Predator Registration.” The clerk of the
court that convicts and sentences the sexual predator for the offense or offenses described
in subsection (4) shall forward to the department and to the Department of Corrections a
certified copy of any order entered by the court imposing any special condition or
restriction on the sexual predator that restricts or prohibits access to the victim, if the
victim is a minor, or to other minors.
If the Department of Corrections, the department, or any other law enforcement
agency obtains information which indicates that an offender meets the sexual predator
criteria but the court did not make a written finding that the offender is a sexual predator
as required in paragraph (a), the Department of
Corrections, the department, or the law enforcement agency shall notify the state attorney
who prosecuted the offense for offenders described in subparagraph (a)1., or the state
attorney of the county where the offender establishes or maintains a residence upon first
entering the state for offenders described in subparagraph (a)3. The state attorney shall
bring the matter to the court’s attention in order to establish that the offender meets the
sexual predator criteria. If the state attorney fails to establish that an offender meets the
sexual predator criteria and the court does not make a written finding that an offender is a
sexual predator, the offender is not required to register with the department as a sexual
predator. The Department of Corrections, the department, or any other law enforcement
agency shall not administratively designate an offender as a sexual predator without a
written finding from the court that the offender is a sexual predator.
A person who establishes or maintains a residence in this state and who has not been
designated as a sexual predator by a court of this state but who has been designated as a
sexual predator, as a sexually violent predator, or by another sexual offender designation
in another state or jurisdiction and was, as a result of such designation, subjected to
registration or community or public notification, or both, or would be if the person was a
resident of that state or jurisdiction, without regard to whether the person otherwise meets
the criteria for registration as a sexual offender, shall register in the manner provided in s.
943.0435 or s. 944.607 and shall be subject to community and public notification as
provided in s. 943.0435 or s. 944.607. A person who meets the criteria of this section is
subject to the requirements and penalty provisions of s. 943.0435 or s. 944.607 until the
person provides
the department with an order issued by the court that designated the person as a sexual
predator, as a sexually violent predator, or by another sexual offender designation in the
state or jurisdiction in which the order was issued which states that such designation has
been removed or demonstrates to the department that such designation, if not imposed by
a court, has been removed by operation of law or court order in the state or jurisdiction in
which the designation was made, and provided such person no longer meets the criteria
for registration as a sexual offender under the laws of this state.
(6) REGISTRATION.—
A sexual predator shall register with the department through the sheriff’s office by
providing the following information to the department:
Name; social security number; age; race; sex; date of birth; height; weight; tattoos or
other identifying marks; hair and eye color; photograph; address of legal residence and
address of any current temporary residence, within the state or out of state, including a
rural route address and a post office box; if no permanent or temporary address, any
transient residence within the state; address, location or description, and dates of any
current or known future temporary residence within the state or out of state; all electronic
mail addresses and all Internet identifiers required to be provided pursuant to
subparagraph (g)5.; all home telephone numbers and cellular telephone numbers required
to be provided pursuant to subparagraph (g)5.; employment information required to be
provided pursuant to subparagraph (g)5.; the make, model, color, vehicle identification
number (VIN), and license tag number of all vehicles owned; date and place of each
conviction;
fingerprints; palm prints; and a brief description of the crime or crimes committed by the
offender. A post office box may not be provided in lieu of a physical residential address.
The sexual predator shall produce his or her passport, if he or she has a passport, and, if
he or she is an alien, shall produce or provide information about documents establishing
his or her immigration status. The sexual predator shall also provide information about
any professional licenses he or she has.
a. If the sexual predator’s place of residence is a motor vehicle, trailer, mobile home,
or manufactured home, as defined in chapter 320, the sexual predator shall also provide
to the department written notice of the vehicle identification number; the license tag
number; the registration number; and a description, including color scheme, of the motor
vehicle, trailer, mobile home, or manufactured home. If a sexual predator’s place of
residence is a vessel, liveaboard vessel, or houseboat, as defined in chapter 327, the
sexual predator shall also provide to the department written notice of the hull
identification number; the manufacturer’s serial number; the name of the vessel, live
aboard vessel, or houseboat; the registration number; and a description, including color
scheme, of the vessel, liveaboard vessel, or houseboat.
b. If the sexual predator is enrolled or employed, whether for compensation or as a
volunteer, at an institution of higher education in this state, the sexual predator shall also
provide to the department pursuant to subparagraph (g)5. the name, address, and county
of each institution, including each campus attended, and the sexual predator’s enrollment,
volunteer, or employment status. The sheriff, the Department of Corrections, or the
Department of
Juvenile Justice shall promptly notify each institution of higher education of the sexual
predator’s presence and any change in the sexual predator’s enrollment, volunteer, or
employment status.
c. A sexual predator shall report in person to the sheriff’s office within 48 hours after
any change in vehicles owned to report those vehicle information changes.
Any other information determined necessary by the department, including criminal
and corrections records; nonprivileged personnel and treatment records; and evidentiary
genetic markers when available.
If the sexual predator is in the custody or control of, or under the supervision of, the
Department of Corrections, or is in the custody of a private correctional facility, the
sexual predator shall register with the Department of Corrections. A sexual predator who
is under the supervision of the Department of Corrections but who is not incarcerated
shall register with the Department of Corrections within 3 business days after the court
finds the offender to be a sexual predator. The Department of Corrections shall provide to
the department registration information and the location of, and local telephone number
for, any Department of Corrections office that is responsible for supervising the sexual
predator. In addition, the Department of Corrections shall notify the department if the
sexual predator escapes or absconds from custody or supervision or if the sexual predator
dies.
If the sexual predator is in the custody of a local jail, the custodian of the local jail
shall register the sexual predator within 3 business days after intake of the sexual predator
for any reason
and upon release, and shall forward the registration information to the department. The
custodian of the local jail shall also take a digitized photograph of the sexual predator
while the sexual predator remains in custody and shall provide the digitized photograph
to the department. The custodian shall notify the department if the sexual predator
escapes from custody or dies.
If the sexual predator is under federal supervision, the federal agency responsible for
supervising the sexual predator may forward to the department any information regarding
the sexual predator which is consistent with the information provided by the Department
of Corrections under this section, and may indicate whether use of the information is
restricted to law enforcement purposes only or may be used by the department for
purposes of public notification.
1. If the sexual predator is not in the custody or control of, or under the supervision
of, the Department of Corrections or is not in the custody of a private correctional
facility, the sexual predator shall register in person:
a. At the sheriff’s office in the county where he or she establishes or maintains a
residence within 48 hours after establishing or maintaining a residence in this state; and
b. At the sheriff’s office in the county where he or she was designated a sexual
predator by the court within 48 hours after such finding is made.
Any change in the sexual predator’s permanent, temporary, or transient residence;
name; vehicles owned; electronic mail addresses; Internet identifiers; home telephone
numbers and cellular telephone numbers; and employment information and any
change in status at an institution of higher education, required to be provided pursuant to
subparagraph (g)5., after the sexual predator registers in person at the sheriff’s office as
provided in subparagraph 1. must be accomplished in the manner provided in paragraphs
(g), (i), and (j). When a sexual predator registers with the sheriff’s office, the sheriff shall
take a photograph, a set of fingerprints, and palm prints of the predator and forward the
photographs, palm prints, and fingerprints to the department, along with the information
that the predator is required to provide pursuant to this section.
Within 48 hours after the registration required under paragraph (a) or paragraph (e), a
sexual predator who is not incarcerated and who resides in the community, including a
sexual predator under the supervision of the Department of Corrections, shall register in
person at a driver license office of the Department of Highway Safety and Motor
Vehicles and shall present proof of registration unless a driver license or an identification
card that complies with the requirements of s. 322.141(3) was previously secured or
updated under s. 944.607. At the driver license office the sexual predator shall:
If otherwise qualified, secure a Florida driver license, renew a Florida driver license,
or secure an identification card. The sexual predator shall identify himself or herself as a
sexual predator who is required to comply with this section, provide his or her place of
permanent, temporary, or transient residence, including a rural route address and a post
office box, and submit to the taking of a photograph for use in issuing a driver license, a
renewed license, or an identification card, and for use by the department in maintaining
current records of sexual predators. A
post office box may not be provided in lieu of a physical residential address. If the sexual
predator’s place of residence is a motor vehicle, trailer, mobile home, or manufactured
home, as defined in chapter 320, the sexual predator shall also provide to the Department
of Highway Safety and Motor Vehicles the vehicle identification number; the license tag
number; the registration number; and a description, including color scheme, of the motor
vehicle, trailer, mobile home, or manufactured home. If a sexual predator’s place of
residence is a vessel, liveaboard vessel, or houseboat, as defined in chapter 327, the
sexual predator shall also provide to the Department of Highway Safety and Motor
Vehicles the hull identification number; the manufacturer’s serial number; the name of
the vessel, liveaboard vessel, or houseboat; the registration number; and a description,
including color scheme, of the vessel, liveaboard vessel, or houseboat.
Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for
issuing or renewing a driver license or an identification card as required by this section.
The driver license or identification card issued to the sexual predator must comply with s.
322.141(3).
Provide, upon request, any additional information necessary to confirm the identity
of the sexual predator, including a set of fingerprints.
1. Each time a sexual predator’s driver license or identification card is subject to
renewal, and, without regard to the status of the predator’s driver license or identification
card, within 48 hours after any change of the predator’s residence or change in the
predator’s name by reason of marriage or other legal process,
the predator shall report in person to a driver license office and is subject to the
requirements specified in paragraph (f). The Department of Highway Safety and Motor
Vehicles shall forward to the department and to the Department of Corrections all
photographs and information provided by sexual predators. Notwithstanding the
restrictions set forth in s. 322.142, the Department of Highway Safety and Motor
Vehicles may release a reproduction of a colorphotograph or digitalimage license to the
Department of Law Enforcement for purposes of public notification of sexual predators
as provided in this section. A sexual predator who is unable to secure or update a driver
license or an identification card with the Department of Highway Safety and Motor
Vehicles as provided in paragraph (f) and this paragraph shall also report any change of
the predator’s residence or change in the predator’s name by reason of marriage or other
legal process within 48 hours after the change to the sheriff’s office in the county where
the predator resides or is located and provide confirmation that he or she reported such
information to the Department of Highway Safety and Motor Vehicles. The reporting
requirements under this subparagraph do not negate the requirement for a sexual predator
to obtain a Florida driver license or identification card as required by this section.
a. A sexual predator who vacates a permanent, temporary, or transient residence and
fails to establish or maintain another permanent, temporary, or transient residence shall,
within 48 hours after vacating the permanent, temporary, or transient residence, report in
person to the sheriff’s office of the county in which he or she is located. The sexual
predator shall specify the date upon which he or she intends to or did vacate such
residence.
The sexual predator shall provide or update all of the registration information required
under paragraph (a). The sexual predator shall provide an address for the residence or
other place that he or she is or will be located during the time in which he or she fails to
establish or maintain a permanent or temporary residence.
b. A sexual predator shall report in person at the sheriff’s office in the county in
which he or she is located within 48 hours after establishing a transient residence and
thereafter must report in person every 30 days to the sheriff’s office in the county in
which he or she is located while maintaining a transient residence. The sexual predator
must provide the addresses and locations where he or she maintains a transient residence.
Each sheriff’s office shall establish procedures for reporting transient residence
information and provide notice to transient registrants to report transient residence
information as required in this subsubparagraph. Reporting to the sheriff’s office as
required by this subsubparagraph does not exempt registrants from any reregistration
requirement. The sheriff may coordinate and enter into agreements with police
departments and other governmental entities to facilitate additional reporting sites for
transient residence registration required in this subsubparagraph. The sheriff’s office
shall, within 2 business days, electronically submit and update all information provided
by the sexual predator to the department.
A sexual predator who remains at a permanent, temporary, or transient residence
after reporting his or her intent to vacate such residence shall, within 48 hours after the
date upon which the predator indicated he or she would or did vacate such residence,
report in person to the sheriff’s office to which he or she reported
pursuant to subparagraph 2. for the purpose of reporting his or her address at such
residence. When the sheriff receives the report, the sheriff shall promptly convey the
information to the department. An offender who makes a report as required under
subparagraph 2. but fails to make a report as required under this subparagraph commits a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
The failure of a sexual predator who maintains a transient residence to report in
person to the sheriff’s office every 30 days as required by subsubparagraph 2.b. is
punishable as provided in subsection (10).
a. A sexual predator shall register all electronic mail addresses and Internet
identifiers with the department through the department’s online system or in person at the
sheriff’s office before using such electronic mail addresses and Internet identifiers. If the
sexual predator is in the custody or control, or under the supervision, of the Department
of Corrections, he or she must report all electronic mail addresses and Internet identifiers
to the Department of Corrections before using such electronic mail addresses or Internet
identifiers. If the sexual predator is in the custody or control, or under the supervision, of
the Department of Juvenile Justice, he or she must report all electronic mail addresses
and Internet identifiers to the Department of Juvenile Justice before using such electronic
mail addresses or Internet identifiers.
b. A sexual predator shall register all changes to home telephone numbers and
cellular telephone numbers, including added and deleted numbers, all changes to
employment information, and all changes in status related to enrollment,
volunteering, or employment at institutions of higher education, through the department’s
online system; in person at the sheriff’s office; in person at the Department of Corrections
if the sexual predator is in the custody or control, or under the supervision, of the
Department of Corrections; or in person at the Department of Juvenile Justice if the
sexual predator is in the custody or control, or under the supervision, of the Department
of Juvenile Justice. All changes required to be reported in this subsubparagraph shall be
reported within 48 hours after the change.
c. The department shall establish an online system through which sexual predators
may securely access, submit, and update all electronic mail address and Internet identifier
information, home telephone numbers and cellular telephone numbers, employment
information, and institution of higher education information.
The department shall notify the sheriff and the state attorney of the county and, if
applicable, the police chief of the municipality, where the sexual predator maintains a
residence.
A sexual predator who intends to establish a permanent, temporary, or transient
residence in another state or jurisdiction other than the State of Florida shall report in
person to the sheriff of the county of current residence within 48 hours before the date he
or she intends to leave this state to establish residence in another state or jurisdiction or at
least 21 days before the date he or she intends to travel if the intended residence of 5 days
or more is outside of the United States. Any travel that is not known by the sexual
predator 21 days before the departure date must be reported to the sheriff’s office as soon
as possible before departure. The sexual predator shall provide to the sheriff the
address, municipality, county, state, and country of intended residence. For international
travel, the sexual predator shall also provide travel information, including, but not limited
to, expected departure and return dates, flight number, airport of departure, cruise port of
departure, or any other means of intended travel. The sheriff shall promptly provide to the
department the information received from the sexual predator. The department shall
notify the statewide law enforcement agency, or a comparable agency, in the intended
state, jurisdiction, or country of residence of the sexual predator’s intended residence.
The failure of a sexual predator to provide his or her intended place of residence is
punishable as provided in subsection (10).
A sexual predator who indicates his or her intent to establish a permanent, temporary,
or transient residence in another state, a jurisdiction other than the State of Florida, or
another country and later decides to remain in this state shall, within 48 hours after the
date upon which the sexual predator indicated he or she would leave this state, report in
person to the sheriff to which the sexual predator reported the intended change of
residence, and report his or her intent to remain in this state. If the sheriff is notified by
the sexual predator that he or she intends to remain in this state, the sheriff shall promptly
report this information to the department. A sexual predator who reports his or her intent
to establish a permanent, temporary, or transient residence in another state, a jurisdiction
other than the State of Florida, or another country, but who remains in this state without
reporting to the sheriff in the manner required by this paragraph, commits a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1. The department is responsible for the online maintenance of current information
regarding each registered sexual predator. The department shall maintain hotline access for
state, local, and federal law enforcement agencies to obtain instantaneous locator file and
offender characteristics information on all released registered sexual predators for purposes of
monitoring, tracking, and prosecution. The photograph, palm prints, and fingerprints do not
have to be stored in a computerized format.
The department’s sexual predator registration list, containing the information described in
subparagraph (a)1., is a public record. The department may disseminate this public
information by any means deemed appropriate, including operating a tollfree telephone
number for this purpose. When the department provides information regarding a registered
sexual predator to the public, department personnel shall advise the person making the
inquiry that positive identification of a person believed to be a sexual predator cannot be
established unless a fingerprint comparison is made, and that it is illegal to use public
information regarding a registered sexual predator to facilitate the commission of a crime.
The department shall adopt guidelines as necessary regarding the registration of sexual
predators and the dissemination of information regarding sexual predators as required by this
section.
A sexual predator shall maintain registration with the department for the duration of his
or her life, unless the sexual predator has received a full pardon or has had a conviction set
aside in a postconviction proceeding for any offense that met the criteria for the sexual
predator designation.
COMMUNITY AND PUBLIC NOTIFICATION.—
Law enforcement agencies must inform members of the community and the public of
a sexual predator’s presence. Upon notification of the presence of a sexual predator, the
sheriff of the county or the chief of police of the municipality where the sexual predator
establishes or maintains a permanent or temporary residence shall notify members of the
community and the public of the presence of the sexual predator in a manner deemed
appropriate by the sheriff or the chief of police. Within 48 hours after receiving
notification of the presence of a sexual predator, the sheriff of the county or the chief of
police of the municipality where the sexual predator temporarily or permanently resides
shall notify each licensed child care facility, elementary school, middle school, and high
school within a 1mile radius of the temporary or permanent residence of the sexual
predator of the presence of the sexual predator. Information provided to members of the
community and the public regarding a sexual predator must include:
The name of the sexual predator;
A description of the sexual predator, including a photograph;
The sexual predator’s current permanent, temporary, and transient addresses, and
descriptions of registered locations that have no specific street address, including the
name of the county or municipality if known;
The circumstances of the sexual predator’s offense or offenses; and
Whether the victim of the sexual predator’s offense or offenses was, at the time of
the offense, a minor or an adult.
This paragraph does not authorize the release of the name of any victim of the sexual
predator.
The sheriff or the police chief may coordinate the community and public notification
efforts with the department. Statewide notification to the public is authorized, as deemed
appropriate by local law enforcement personnel and the department.
The department shall notify the public of all designated sexual predators through the
Internet. The Internet notice shall include the information required by paragraph (a).
The department shall adopt a protocol to assist law enforcement agencies in their
efforts to notify the community and the public of the presence of sexual predators.
VERIFICATION.—The department and the Department of Corrections shall
implement a system for verifying the addresses of sexual predators. The system must be
consistent with the federal Adam Walsh Child Protection and Safety Act of 2006 and any
other federal standards applicable to such verification or required to be met as a condition
for the receipt of federal funds by the state. The Department of Corrections shall verify
the addresses of sexual predators who are not incarcerated but who reside in the
community under the supervision of the Department of Corrections and shall report to the
department any failure by a sexual predator to comply with registration requirements.
County and local law enforcement agencies, in conjunction with the department, shall
verify the addresses of sexual predators who are not under the care, custody, control, or
supervision of the Department of Corrections, and may verify the addresses of
sexual predators who are under the care, custody, control, or supervision of the
Department of Corrections. Local law enforcement agencies shall report to the
department any failure by a sexual predator to comply with registration requirements.
A sexual predator shall report in person each year during the month of the sexual
predator’s birthday and during every third month thereafter to the sheriff’s office in the
county in which he or she resides or is otherwise located to reregister. The sheriff’s office
may determine the appropriate times and days for reporting by the sexual predator, which
must be consistent with the reporting requirements of this paragraph. Reregistration must
include any changes to the following information:
Name; social security number; age; race; sex; date of birth; height; weight; tattoos or
other identifying marks; hair and eye color; address of any permanent residence and
address of any current temporary residence, within the state or out of state, including a
rural route address and a post office box; if no permanent or temporary address, any
transient residence within the state; address, location or description, and dates of any
current or known future temporary residence within the state or out of state; all electronic
mail addresses or Internet identifiers required to be provided pursuant to subparagraph (6)
(g)5.; all home telephone numbers and cellular telephone numbers required to be
provided pursuant to subparagraph (6)(g)5.; date and place of any employment required
to be provided pursuant to subparagraph (6) (g)5.; the make, model, color, vehicle
identification number (VIN), and license tag number of all vehicles owned; fingerprints;
palm prints; and photograph. A post office box may not be provided in lieu of a physical
residential address. The sexual
predator shall also produce his or her passport, if he or she has a passport, and, if he or
she is an alien, shall produce or provide information about documents establishing his or
her immigration status. The sexual predator shall also provide information about any
professional licenses he or she has.
If the sexual predator is enrolled or employed, whether for compensation or as a
volunteer, at an institution of higher education in this state, the sexual predator shall also
provide to the department the name, address, and county of each institution, including
each campus attended, and the sexual predator’s enrollment, volunteer, or employment
status.
If the sexual predator’s place of residence is a motor vehicle, trailer, mobile home, or
manufactured home, as defined in chapter 320, the sexual predator shall also provide the
vehicle identification number; the license tag number; the registration number; and a
description, including color scheme, of the motor vehicle, trailer, mobile home, or
manufactured home. If the sexual predator’s place of residence is a vessel, liveaboard
vessel, or houseboat, as defined in chapter 327, the sexual predator shall also provide the
hull identification number; the manufacturer’s serial number; the name of the vessel, live
aboard vessel, or houseboat; the registration number; and a description, including color
scheme, of the vessel, liveaboard vessel, or houseboat.
The sheriff’s office shall, within 2 working days, electronically submit and update all
information provided by the sexual predator to the department in a manner prescribed by
the department.
IMMUNITY.—The department, the Department of
Highway Safety and Motor Vehicles, the Department of Corrections, the Department of
Juvenile Justice, any law enforcement agency in this state, and the personnel of those
departments; an elected or appointed official, public employee, or school administrator;
or an employee, agency, or any individual or entity acting at the request or upon the
direction of any law enforcement agency is immune from civil liability for damages for
good faith compliance with the requirements of this section or for the release of
information under this section, and shall be presumed to have acted in good faith in
compiling, recording, reporting, or releasing the information. The presumption of good
faith is not overcome if a technical or clerical error is made by the department, the
Department of Highway Safety and Motor Vehicles, the Department of Corrections, the
Department of Juvenile Justice, the personnel of those departments, or any individual or
entity acting at the request or upon the direction of any of those departments in compiling
or providing information, or if information is incomplete or incorrect because a sexual
predator fails to report or falsely reports his or her current place of permanent or
temporary residence.
(10) PENALTIES.—
Except as otherwise specifically provided, a sexual predator who fails to register;
who fails, after registration, to maintain, acquire, or renew a driver license or an
identification card; who fails to provide required location information, electronic mail
address information before use, Internet identifier information before use, all home
telephone numbers and cellular telephone numbers, employment information, change in
status at an institution of higher education, or changeofname information;
who fails to make a required report in connection with vacating a permanent residence;
who fails to reregister as required; who fails to respond to any address verification
correspondence from the department within 3 weeks of the date of the correspondence;
who knowingly provides false registration information by act or omission; or who
otherwise fails, by act or omission, to comply with the requirements of this section
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
A sexual predator who has been convicted of or found to have committed, or has pled
nolo contendere or guilty to, regardless of adjudication, any violation, or attempted
violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
800.04; s. 827.071; s. 847.0133; s.
847.0135(5); s. 847.0145; or s. 985.701(1); or a violation of a similar law of another
jurisdiction when the victim of the offense was a minor, and who works, whether for
compensation or as a volunteer, at any business, school, child care facility, park,
playground, or other place where children regularly congregate, commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who misuses public records information relating to a sexual predator, as
defined in this section, or a sexual offender, as defined in s. 943.0435 or s. 944.607, to
secure a payment from such a predator or offender; who knowingly distributes or
publishes false information relating to such a predator or offender which the person
misrepresents as being public records information; or who materially alters public
records information with the intent to misrepresent the information, including documents,
summaries of public records information provided by law enforcement agencies, or
public records information displayed by law enforcement agencies on websites or
provided through other means of communication, commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
A sexual predator who commits any act or omission in violation of this section may
be prosecuted for the act or omission in the county in which the act or omission was
committed, in the county of the last registered address of the sexual predator, in the
county in which the conviction occurred for the offense or offenses that meet the criteria
for designating a person as a sexual predator, in the county where the sexual predator was
released from incarceration, or in the county of the intended address of the sexual
predator as reported by the predator prior to his or her release from incarceration. In
addition, a sexual predator may be prosecuted for any such act or omission in the county
in which he or she was designated a sexual predator.
An arrest on charges of failure to register, the service of an information or a
complaint for a violation of this section, or an arraignment on charges for a violation of
this section constitutes actual notice of the duty to register when the predator has been
provided and advised of his or her statutory obligation to register under subsection (6). A
sexual predator’s failure to immediately register as required by this section following
such arrest, service, or arraignment constitutes grounds for a subsequent charge of failure
to register. A sexual predator charged with the crime of failure to register who asserts, or
intends to assert, a lack of notice
of the duty to register as a defense to a charge of failure to register shall immediately
register as required by this section. A sexual predator who is charged with a subsequent
failure to register may not assert the defense of a lack of notice of the duty to register.
Registration following such arrest, service, or arraignment is not a defense and does
not relieve the sexual predator of criminal liability for the failure to register.
Any person who has reason to believe that a sexual predator is not complying, or has
not complied, with the requirements of this section and who, with the intent to assist the
sexual predator in eluding a law enforcement agency that is seeking to find the sexual
predator to question the sexual predator about, or to arrest the sexual predator for, his or
her noncompliance with the requirements of this section:
Withholds information from, or does not notify, the law enforcement agency about
the sexual predator’s noncompliance with the requirements of this section, and, if known,
the whereabouts of the sexual predator;
Harbors, or attempts to harbor, or assists another person in harboring or attempting to
harbor, the sexual predator;
Conceals or attempts to conceal, or assists another person in concealing or attempting
to conceal, the sexual predator; or
Provides information to the law enforcement agency regarding the sexual predator
which the person knows to be false information,
commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. This paragraph does not
apply if the sexual predator is incarcerated in or is in the custody of a state correctional
facility, a private correctional facility, a local jail, or a federal correctional facility.
775.215. Residency restriction for persons convicted of certain sex
offenses.
(1) As used in this section, the term:
“Child care facility” has the same meaning as provided in s. 402.302.
“Park” means all public and private property specifically designated as being used for
recreational purposes and where children regularly congregate.
“Playground” means a designated independent area in the community or
neighborhood that is designated solely for children and has one or more play structures.
“School” has the same meaning as provided in s. 1003.01 and includes a private
school as defined in s. 1002.01, a voluntary prekindergarten education program as
described in s. 1002.53(3), a public school as described in s. 402.3025(1), the Florida
School for the Deaf and the Blind, and the Florida Virtual School established under s.
1002.37 but does not include facilities dedicated exclusively to the education of adults.
(a) A person who has been convicted of a violation of s. 794.011, s. 800.04, s.
827.071, s. 847.0135(5), or s. 847.0145, regardless of whether adjudication has been
withheld, in which the victim of the offense was less than 16 years of age, may not reside
within 1,000 feet of any school, child care facility, park, or
playground. However, a person does not violate this subsection and may not be forced to
relocate if he or she is living in a residence that meets the requirements of this subsection
and a school, child care facility, park, or playground is subsequently established within
1,000 feet of his or her residence.
A person who violates this subsection and whose conviction under s. 794.011, s.
800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony of the first
degree or higher commits a felony of the third degree, punishable as provided in s.
775.082 or s. 775.083. A person who violates this subsection and whose conviction under
s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 was classified as a felony
of the second or third degree commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
This subsection applies to any person convicted of a violation of s. 794.011, s.
800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 for offenses that occur on or after
October 1, 2004, excluding persons who have been removed from the requirement to
register as a sexual offender or sexual predator pursuant to s. 943.04354.
(a) A person who has been convicted of an offense in another jurisdiction that is
similar to a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145,
regardless of whether adjudication has been withheld, in which the victim of the offense
was less than 16 years of age, may not reside within 1,000 feet of any school, child care
facility, park, or playground. However, a person does not violate this subsection and may
not be forced to relocate if he or she is living in a residence that meets the requirements
of this subsection and a school, child care
facility, park, or playground is subsequently established within 1,000 feet of his or her
residence.
A person who violates this subsection and whose conviction in another jurisdiction
resulted in a penalty that is substantially similar to a felony of the first degree or higher
commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083.
A person who violates this subsection and whose conviction in another jurisdiction
resulted in a penalty that is substantially similar to a felony of the second or third degree
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
This subsection applies to any person convicted of an offense in another jurisdiction
that is similar to a violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s.
847.0145 if such offense occurred on or after May 26, 2010, excluding persons who have
been removed from the requirement to register as a sexual offender or sexual predator
pursuant to s. 943.04354.
775.25. Prosecutions for acts or omissions.
A sexual predator or sexual offender who commits any act or omission in violation of
s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s. 944.607, or former s. 947.177 may be
prosecuted for the act or omission in the county in which the act or omission was
committed, in the county of the last registered address of the sexual predator or sexual
offender, in the county in which the conviction occurred for the offense or offenses that
meet the criteria for designating a person as a sexual predator or sexual offender, in the
county where the sexual predator or sexual offender was released from incarceration, or
in the county of the
intended address of the sexual predator or sexual offender as reported by the predator or
offender prior to his or her release from incarceration. In addition, a sexual predator may
be prosecuted for any such act or omission in the county in which he or she was
designated a sexual predator.
775.261. The Florida Career Offender Registration Act.
SHORT TITLE.—This section may be cited as “The Florida Career Offender
Registration Act.”
DEFINITIONS.—As used in this section, the term:
“Career offender” means any person who is designated as a habitual violent felony
offender, a violent career criminal, or a threetime violent felony offender under s.
775.084 or as a prison releasee reoffender under s. 775.082(9).
“Chief of police” means the chief law enforcement officer of a municipality.
“Community” means any county where the career offender lives or otherwise
establishes or maintains a temporary or permanent residence.
“Department” means the Department of Law Enforcement.
“Entering the county” includes being discharged from a correctional facility, jail, or
secure treatment facility within the county or being under supervision within the county
with a careeroffender designation as specified in paragraph (a).
“Permanent residence” means a place where the career offender abides, lodges, or
resides for 14 or more consecutive
days.
(g) “Temporary residence” means:
A place where the career offender abides, lodges, or resides for a period of 14 or
more days in the aggregate during any calendar year and which is not the career
offender’s permanent address;
For a career offender whose permanent residence is not in this state, a place where
the career offender is employed, practices a vocation, or is enrolled as a student for any
period of time in this state; or
A place where the career offender routinely abides, lodges, or resides for a period of
4 or more consecutive or nonconsecutive days in any month and which is not the career
offender’s permanent residence, including any outofstate address.
CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
A career offender released on or after July 1, 2002, from a sanction imposed in this
state must register as required under subsection (4) and is subject to community and
public notification as provided under subsection (5). For purposes of this section, a
sanction imposed in this state includes, but is not limited to, a fine, probation, community
control, parole, conditional release, control release, or incarceration in a state prison,
private correctional facility, or local detention facility, and:
The career offender has not received a pardon for any felony or other qualified
offense that is necessary for the operation of this paragraph; or
A conviction of a felony or other qualified offense necessary to the operation of this
paragraph has not been set aside in any postconviction proceeding.
This section does not apply to any person who has been designated as a sexual
predator and required to register under s. 775.21 or who is required to register as a sexual
offender under s.
943.0435 or s. 944.607. However, if a person is no longer required to register as a sexual
predator under s. 775.21 or as a sexual offender under s. 943.0435 or s. 944.607, the
person must register as a career offender under this section if the person is otherwise
designated as a career offender as provided in this section.
A person subject to registration as a career offender is not subject to registration as a
convicted felon under s. 775.13. However, if the person is no longer required to register
as a career offender under this section, the person must register under s. 775.13 if
required to do so under that section.
If a career offender is not sentenced to a term of imprisonment, the clerk of the court
shall ensure that the career offender’s fingerprints are taken and forwarded to the
department within 48 hours after the court renders its finding that an offender is a career
offender. The fingerprints shall be clearly marked, “Career Offender Registration.”
(4) REGISTRATION.—
A career offender must register with the department by providing the following
information to the department, or to the sheriff’s office in the county in which the career
offender establishes or maintains a permanent or temporary residence,
within 2 working days after establishing permanent or temporary residence in this state or
within 2 working days after being released from the custody, control, or supervision of
the Department of Corrections or from the custody of a private correctional facility:
Name, social security number, age, race, gender, date of birth, height, weight, hair
and eye color, photograph, address of legal residence and address of any current
temporary residence within the state or out of state, including a rural route address or a
post office box, date and place of any employment, date and place of each conviction,
fingerprints, and a brief description of the crime or crimes committed by the career
offender. A career offender may not provide a post office box in lieu of a physical
residential address. If the career offender’s place of residence is a motor vehicle, trailer,
mobile home, or manufactured home, as defined in chapter 320, the career offender shall
also provide to the department written notice of the vehicle identification number; the
license tag number; the registration number; and a description, including color scheme, of
the motor vehicle, trailer, mobile home, or manufactured home. If a career offender’s
place of residence is a vessel, liveaboard vessel, or houseboat, as defined in chapter 327,
the career offender shall also provide to the department written notice of the hull
identification number; the manufacturer’s serial number; the name of the vessel, live
aboard vessel, or houseboat; the registration number; and a description, including color
scheme, of the vessel, liveaboard vessel, or houseboat.
Any other information determined necessary by the department, including criminal
and corrections records;
nonprivileged personnel and treatment records; and evidentiary genetic markers when
available.
If a career offender registers with the sheriff’s office, the sheriff shall take a
photograph and a set of fingerprints of the career offender and forward the photographs
and fingerprints to the department, along with the information that the career offender is
required to provide pursuant to this section.
Within 2 working days after the registration required under paragraph (a), a career
offender who is not incarcerated and who resides in the community, including a career
offender under the supervision of the Department of Corrections pursuant to s. 944.608,
shall register in person at a driver license office of the Department of Highway Safety
and Motor Vehicles and shall present proof of registration. At the driver license office,
the career offender shall:
If otherwise qualified, secure a Florida driver license, renew a Florida driver license,
or secure an identification card. The career offender shall identify himself or herself as a
career offender who is required to comply with this section, provide his or her place of
permanent or temporary residence, including a rural route address or a post office box,
and submit to the taking of a photograph for use in issuing a driver license, renewed
license, or identification card, and for use by the department in maintaining current
records of career offenders. The career offender may not provide a post office box in lieu
of a physical residential address. If the career offender’s place of residence is a motor
vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the
career offender shall also provide to the Department of Highway Safety and Motor
Vehicles the
vehicle identification number; the license tag number; the motor vehicle registration
number; and a description, including color scheme, of the motor vehicle, trailer, mobile
home, or manufactured home. If a career offender’s place of residence is a vessel, live
aboard vessel, or houseboat, as defined in chapter 327, the career offender shall also
provide to the Department of Highway Safety and Motor Vehicles the hull identification
number; the manufacturer’s serial number; the name of the vessel, liveaboard vessel, or
houseboat; the registration number; and a description, including color scheme, of the
vessel, liveaboard vessel, or houseboat.
Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for
issuing or renewing a driver license or identification card as required by this section.
Provide, upon request, any additional information necessary to confirm the identity
of the career offender, including a set of fingerprints.
Each time a career offender’s driver license or identification card is subject to
renewal, and within 2 working days after any change of the career offender’s residence or
change in the career offender’s name by reason of marriage or other legal process, the
career offender must report in person to a driver license office, and shall be subject to the
requirements specified in paragraph (c). The Department of Highway Safety and Motor
Vehicles shall forward to the department and to the Department of Corrections all
photographs and information provided by career offenders. Notwithstanding the
restrictions set forth in s. 322.142, the Department of Highway Safety and Motor
Vehicles may release a reproduction of a colorphotograph or digitalimage license to the
department for purposes of public notification of career offenders as provided in this
section.
If the career offender registers at an office of the department, the department must
notify the sheriff and, if applicable, the police chief of the municipality, where the career
offender maintains a residence within 48 hours after the career offender registers with the
department.
A career offender who intends to establish residence in another state or jurisdiction
other than the State of Florida shall report in person to the sheriff of the county of current
residence or the department within 2 working days before the date he or she intends to
leave this state to establish residence in another state or jurisdiction other than the State
of Florida. If the career offender is under the supervision of the Department of
Corrections, the career offender shall notify the supervising probation officer of his or her
intent to transfer supervision, satisfy all transfer requirements pursuant to the Interstate
Compact for Supervision of Adult Offenders, as provided in s. 949.07, and abide by the
decision of the receiving jurisdiction to accept or deny transfer. The career offender must
provide to the sheriff or department the address, municipality, county, and state of
intended residence. The sheriff shall promptly provide to the department the information
received from the career offender. The failure of a career offender to provide his or her
intended place of residence is punishable as provided in subsection (8).
A career offender who indicates his or her intent to reside in a state or jurisdiction
other than the State of Florida and later decides to remain in this state shall, within 2
working days after the date upon which the career offender indicated he or she would
leave this state, report in person to the sheriff or the department, whichever agency is the
agency to which the career offender reported the intended change of residence, of his or
her intent to remain in this state. If the sheriff is notified by the career offender that he or
she intends to remain in this state, the sheriff shall promptly report this information to the
department. A career offender who reports his or her intent to reside in a state or
jurisdiction other than the State of Florida, but who remains in this state without reporting
to the sheriff or the department in the manner required by this paragraph, commits a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
1. The department shall maintain online computer access to the current information
regarding each registered career offender. The department must maintain hotline access
so that state, local, and federal law enforcement agencies may obtain instantaneous
locator file and criminal characteristics information on release and registration of career
offenders for purposes of monitoring, tracking, and prosecution. The photograph and
fingerprints need not be stored in a computerized format.
The department’s career offender registration list, containing the information
described in subparagraph (a)1., is a public record. The department may disseminate this
public information by any means deemed appropriate, including operating a tollfree
telephone number for this purpose. When the department provides information regarding
a career offender to the public, department personnel must advise the person making the
inquiry that positive identification of a person believed to be a career offender cannot be
established unless a fingerprint comparison is made, and that it
is illegal to use public information regarding a career offender to facilitate the
commission of a crime.
The department shall adopt guidelines as necessary regarding the registration of a
career offender and the dissemination of information regarding a career offender as
required by this section.
A career offender must maintain registration with the department for the duration of
his or her life, unless the career offender has received a full pardon or has had a
conviction set aside in a postconviction proceeding for any offense that meets the criteria
for classifying the person as a career offender for purposes of registration. However, a
registered career offender who has been lawfully released from confinement, supervision,
or sanction, whichever is later, for at least 20 years and has not been arrested for any
felony or misdemeanor offense since release may petition the criminal division of the
circuit court of the circuit in which the registered career offender resides for the purpose
of removing the requirement for registration as a career offender. The court may grant or
deny such relief if the registered career offender demonstrates to the court that he or she
has not been arrested for any crime since release and the court is otherwise satisfied that
the registered career offender is not a current or potential threat to public safety. The state
attorney in the circuit in which the petition is filed must be given notice of the petition at
least 3 weeks before the hearing on the matter. The state attorney may present evidence in
opposition to the requested relief or may otherwise demonstrate the reasons why the
petition should be denied. If the court denies the petition, the court may set a future date
at which the registered career offender may again petition the
court for relief, subject to the standards for relief provided in this paragraph. The
department shall remove a person from classification as a career offender for purposes of
registration if the person provides to the department a certified copy of the court’s written
findings or order that indicates that the person is no longer required to comply with the
requirements for registration as a career offender.
(5) COMMUNITY AND PUBLIC NOTIFICATION.—
Law enforcement agencies may inform the community and the public of the presence
of a career offender in the community. Upon notification of the presence of a career
offender, the sheriff of the county or the chief of police of the municipality where the
career offender establishes or maintains a permanent or temporary residence may notify
the community and the public of the presence of the career offender in a manner deemed
appropriate by the sheriff or the chief of police.
The sheriff or the police chief may coordinate the community and public notification
efforts with the department. Statewide notification to the public is authorized, as deemed
appropriate by local law enforcement personnel and the department.
VERIFICATION.—The department and the Department of Corrections shall
implement a system for verifying the addresses of career offenders. The sheriff of each
county shall annually verify the addresses of career offenders who are not under the care,
custody, control, or supervision of the Department of Corrections. The sheriff shall
promptly provide the address verification information to the department in an electronic
format.
The address verification information must include the verifying person’s name, agency,
and phone number, the date of verification, and the method of verification, and must
specify whether the address information was verified as correct, incorrect, or
unconfirmed.
IMMUNITY.—The department, the Department of Highway Safety and Motor
Vehicles, the Department of Corrections, any law enforcement agency in this state, and
the personnel of those departments; an elected or appointed official, public employee, or
school administrator; or an employee, agency, or any individual or entity acting at the
request or upon the direction of any law enforcement agency is immune from civil
liability for damages for good faith compliance with the requirements of this section or
for the release of information under this section and shall be presumed to have acted in
good faith in compiling, recording, reporting, or releasing the information. The
presumption of good faith is not overcome if a technical or clerical error is made by the
department, the Department of Highway Safety and Motor Vehicles, the Department of
Corrections, the personnel of those departments, or any individual or entity acting at the
request or upon the direction of any of those departments in compiling or providing
information, or if information is incomplete or incorrect because a career offender fails to
report or falsely reports his or her current place of permanent or temporary residence.
PENALTIES.—
Except as otherwise specifically provided, a career offender who fails to register;
who fails, after registration, to maintain, acquire, or renew a driver license or
identification card; who fails
to provide required location information or changeofname information; or who
otherwise fails, by act or omission, to comply with the requirements of this section,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
775.084.
Any person who misuses public records information concerning a career offender, as
defined in this section, or a career offender, as defined in s. 944.608 or s. 944.609, to
secure a payment from such career offender; who knowingly distributes or publishes false
information concerning such a career offender which the person misrepresents as being
public records information; or who materially alters public records information with the
intent to misrepresent the information, including documents, summaries of public records
information provided by law enforcement agencies, or public records information
displayed by law enforcement agencies on websites or provided through other means of
communication, commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
PROSECUTIONS FOR ACTS OR OMISSIONS.—A career offender who commits
any act or omission in violation of this section, s. 944.608, or s. 944.609 may be
prosecuted for the act or omission in the county in which the act or omission was
committed, the county of the last registered address of the career offender, the county in
which the conviction occurred for the offense or offenses that meet the criteria for
designating a person as a career offender, or in the county in which he or she was
designated a career offender.
ASSISTING IN NONCOMPLIANCE.—It is a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for a
person who has reason to believe that a career offender is not complying, or has not
complied, with the requirements of this section and who, with the intent to assist the
career offender in eluding a law enforcement agency that is seeking to find the career
offender to question the career offender about, or to arrest the career offender for, his or
her noncompliance with the requirements of this section, to:
Withhold information from, or fail to notify, the law enforcement agency about the
career offender’s noncompliance with the requirements of this section and, if known, the
whereabouts of the career offender;
Harbor or attempt to harbor, or assist another in harboring or attempting to harbor,
the career offender;
Conceal or attempt to conceal, or assist another in concealing or attempting to
conceal, the career offender; or
Provide information to the law enforcement agency regarding the career offender
which the person knows to be false.
CHAPTER 776
JUSTIFIABLE USE OF FORCE
776.012. Use or threatened use of force in defense of person.
A person is justified in using or threatening to use force, except deadly force, against
another when and to the extent that the person reasonably believes that such conduct is
necessary to defend himself or herself or another against the other’s imminent use of
unlawful force. A person who uses or threatens to use force in accordance with this
subsection does not have a duty to retreat before using or threatening to use such force.
A person is justified in using or threatening to use deadly force if he or she
reasonably believes that using or threatening to use such force is necessary to prevent
imminent death or great bodily harm to himself or herself or another or to prevent the
imminent commission of a forcible felony. A person who uses or threatens to use deadly
force in accordance with this subsection does not have a duty to retreat and has the right
to stand his or her ground if the person using or threatening to use the deadly force is not
engaged in a criminal activity and is in a place where he or she has a right to be.
776.013. Home protection; use or threatened use of deadly force;
presumption of fear of death or great bodily harm.
A person is presumed to have held a reasonable fear of imminent peril of death or
great bodily harm to himself or herself or another when using or threatening to use
defensive force that is intended or likely to cause death or great bodily harm to another if:
The person against whom the defensive force was used or threatened was in the
process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a
dwelling, residence, or occupied vehicle, or if that person had removed or was attempting
to remove another against that person’s will from the dwelling, residence, or occupied
vehicle; and
The person who uses or threatens to use defensive force knew or had reason to
believe that an unlawful and forcible entry or unlawful and forcible act was occurring or
had occurred.
(2) The presumption set forth in subsection (1) does not apply
if:
The person against whom the defensive force is used or threatened has the right to be
in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee,
or titleholder, and there is not an injunction for protection from domestic violence or a
written pretrial supervision order of no contact against that person; or
The person or persons sought to be removed is a child or grandchild, or is otherwise
in the lawful custody or under the lawful guardianship of, the person against whom the
defensive force is used or threatened; or
The person who uses or threatens to use defensive force is engaged in a criminal
activity or is using the dwelling, residence, or occupied vehicle to further a criminal
activity; or
The person against whom the defensive force is used or threatened is a law
enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a
dwelling, residence,
or vehicle in the performance of his or her official duties and the officer identified
himself or herself in accordance with any applicable law or the person using or
threatening to use force knew or reasonably should have known that the person entering
or attempting to enter was a law enforcement officer.
A person who is attacked in his or her dwelling, residence, or vehicle has no duty to
retreat and has the right to stand his or her ground and use or threaten to use force,
including deadly force, if he or she uses or threatens to use force in accordance with s.
776.012(1) or (2) or s. 776.031(1) or (2).
A person who unlawfully and by force enters or attempts to enter a person’s
dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to
commit an unlawful act involving force or violence.
As used in this section, the term:
776.031. Use or threatened use of force in defense of
property.
A person is justified in using or threatening to use force, except deadly force, against
another when and to the extent that the person reasonably believes that such conduct is
necessary to prevent or terminate the other’s trespass on, or other tortious or criminal
interference with, either real property other than a dwelling or personal property, lawfully
in his or her possession or in the possession of another who is a member of his or her
immediate family or household or of a person whose property he or she has a legal duty
to protect. A person who uses or threatens to use force in accordance with this subsection
does not have a duty to retreat before using or threatening to use such force.
A person is justified in using or threatening to use deadly force only if he or she
reasonably believes that such conduct is necessary to prevent the imminent commission
of a forcible felony. A person who uses or threatens to use deadly force in accordance
with this subsection does not have a duty to retreat and has the right to stand his or her
ground if the person using or threatening to use the deadly force is not engaged in a
criminal activity and is in a place where he or she has a right to be.
776.032. Immunity from criminal prosecution and civil action for
justifiable use or threatened use of force.
A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or
s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil
action for the use or threatened use of such force by the person, personal representative,
or heirs of the person against whom the force was used or threatened, unless the person
against whom force was
used or threatened is a law enforcement officer, as defined in s. 943.10(14), who was
acting in the performance of his or her official duties and the officer identified himself or
herself in accordance with any applicable law or the person using or threatening to use
force knew or reasonably should have known that the person was a law enforcement
officer. As used in this subsection, the term “criminal prosecution” includes arresting,
detaining in custody, and charging or prosecuting the defendant.
A law enforcement agency may use standard procedures for investigating the use or
threatened use of force as described in subsection (1), but the agency may not arrest the
person for using or threatening to use force unless it determines that there is probable
cause that the force that was used or threatened was unlawful.
The court shall award reasonable attorney’s fees, court costs, compensation for loss
of income, and all expenses incurred by the defendant in defense of any civil action
brought by a plaintiff if the court finds that the defendant is immune from prosecution as
provided in subsection (1).
776.041. Use or threatened use of force by aggressor.
The justification described in the preceding sections of this chapter is not available to
a person who:
Is attempting to commit, committing, or escaping after the commission of, a forcible
felony; or
Initially provokes the use or threatened use of force against himself or herself, unless:
Such force or threat of force is so great that the person reasonably believes that he or
she is in imminent danger of death or great bodily harm and that he or she has exhausted
every reasonable means to escape such danger other than the use or threatened use of
force which is likely to cause death or great bodily harm to the assailant; or
In good faith, the person withdraws from physical contact with the assailant and
indicates clearly to the assailant that he or she desires to withdraw and terminate the use
or threatened use of force, but the assailant continues or resumes the use or threatened use
of force.
776.05. Law enforcement officers; use of force in making an arrest.
A law enforcement officer, or any person whom the officer has summoned or
directed to assist him or her, need not retreat or desist from efforts to make a lawful arrest
because of resistance or threatened resistance to the arrest. The officer is justified in the
use of any force:
Which he or she reasonably believes to be necessary to defend himself or herself or
another from bodily harm while making the arrest;
When necessarily committed in retaking felons who have escaped; or
When necessarily committed in arresting felons fleeing from justice. However, this
subsection shall not constitute a defense in any civil action for damages brought for the
wrongful use of deadly force unless the use of deadly force was necessary
to prevent the arrest from being defeated by such flight and, when feasible, some warning
had been given, and:
The officer reasonably believes that the fleeing felon poses a threat of death or
serious physical harm to the officer or others; or
The officer reasonably believes that the fleeing felon has committed a crime
involving the infliction or threatened infliction of serious physical harm to another
person.
776.051. Use or threatened use of force in resisting arrest or making an arrest
or in the execution of a legal duty; prohibition.
A person is not justified in the use or threatened use of force to resist an arrest by a
law enforcement officer, or to resist a law enforcement officer who is engaged in the
execution of a legal duty, if the law enforcement officer was acting in good faith and he
or she is known, or reasonably appears, to be a law enforcement officer.
A law enforcement officer, or any person whom the officer has summoned or
directed to assist him or her, is not justified in the use of force if the arrest or execution of
a legal duty is unlawful and known by him or her to be unlawful.
776.06. Deadly force by a law enforcement or correctional officer.
As applied to a law enforcement officer or correctional officer acting in the
performance of his or her official duties, the term “deadly force” means force that is
likely to cause death or
great bodily harm and includes, but is not limited to:
The firing of a firearm in the direction of the person to be arrested, even though no
intent exists to kill or inflict great bodily harm; and
The firing of a firearm at a vehicle in which the person to be arrested is riding.
(a) The term “deadly force” does not include the discharge of a firearm by a law
enforcement officer or correctional officer during and within the scope of his or her
official duties which is loaded with a lesslethal munition. As used in this subsection, the
term “lesslethal munition” means a projectile that is designed to stun, temporarily
incapacitate, or cause temporary discomfort to a person without penetrating the person’s
body.
A law enforcement officer or a correctional officer is not liable in any civil or
criminal action arising out of the use of any lesslethal munition in good faith during and
within the scope of his or her official duties.
776.07. Use of force to prevent escape.
A law enforcement officer or other person who has an arrested person in his or her
custody is justified in the use of any force which he or she reasonably believes to be
necessary to prevent the escape of the arrested person from custody.
A correctional officer or other law enforcement officer is justified in the use of force,
including deadly force, which he or she reasonably believes to be necessary to prevent
the escape from a penal institution of a person whom the officer reasonably
believes to be lawfully detained in such institution under sentence for an offense or
awaiting trial or commitment for an offense.
776.08. Forcible felony.
“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking;
homeinvasion robbery; robbery; burglary; arson; kidnapping; aggravated assault;
aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or
discharging of a destructive device or bomb; and any other felony which involves the use
or threat of physical force or violence against any individual.
776.09. Retention of records pertaining to persons found to be acting in lawful
selfdefense; expunction of criminal history records.
Whenever the state attorney or statewide prosecutor dismisses an information,
indictment, or other charging document, or decides not to file an information, indictment,
or other charging document because of a finding that the person accused acted in lawful
selfdefense pursuant to the provisions related to the justifiable use of force in this
chapter, that finding shall be documented in writing and retained in the files of the state
attorney or statewide prosecutor.
Whenever a court dismisses an information, indictment, or other charging document
because of a finding that the person accused acted in lawful selfdefense pursuant to the
provisions related to the justifiable use of force in this chapter, that finding shall be
recorded in an order or memorandum, which shall be retained in the court’s records.
Under either condition described in subsection (1) or subsection (2), the person
accused may apply for a certificate of eligibility to expunge the associated criminal
history record, pursuant to s. 943.0585(5), notwithstanding the eligibility requirements
prescribed in s. 943.0585(1)(b) or (2).
CHAPTER 777
PRINCIPAL; ACCESSORY; ATTEMPT; SOLICITATION;
CONSPIRACY
777.011. Principal in first degree.
Whoever commits any criminal offense against the state, whether felony or
misdemeanor, or aids, abets, counsels, hires, or otherwise procures such offense to be
committed, and such offense is committed or is attempted to be committed, is a principal
in the first degree and may be charged, convicted, and punished as such, whether he or
she is or is not actually or constructively present at the commission of such offense.
777.03. Accessory after the fact.
(a) Any person not standing in the relation of husband or wife, parent or grandparent,
child or grandchild, brother or sister, by consanguinity or affinity to the offender, who
maintains or assists the principal or an accessory before the fact, or gives the offender any
other aid, knowing that the offender had committed a crime and such crime was a third
degree felony, or had been an accessory thereto before the fact, with the intent that the
offender avoids or escapes detection, arrest, trial, or punishment, is an accessory after the
fact.
Any person who maintains or assists the principal or accessory before the fact, or
gives the offender any other aid, knowing that the offender had committed the offense of
child abuse, neglect of a child, aggravated child abuse, aggravated manslaughter of a
child under 18 years of age, or murder of a child under 18 years of age, or had been an
accessory thereto
before the fact, with the intent that the offender avoids or escapes detection, arrest, trial,
or punishment, is an accessory after the fact unless the court finds that the person is a
victim of domestic violence.
Any person who maintains or assists the principal or an accessory before the fact, or
gives the offender any other aid, knowing that the offender had committed a crime and
such crime was a capital, life, first degree, or second degree felony, or had been an
accessory thereto before the fact, with the intent that the offender avoids or escapes
detection, arrest, trial, or punishment, is an accessory after the fact.
(a) If the felony offense committed is a capital felony, the offense of accessory after
the fact is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
If the felony offense committed is a life felony or a felony of the first degree, the
offense of accessory after the fact is a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
If the felony offense committed is a felony of the second degree or a felony of the
third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022 or s. 921.0023, the
offense of accessory after the fact is a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
If the felony offense committed is a felony of the third degree ranked in level 1 or
level 2 under s. 921.0022 or s. 921.0023, the offense of accessory after the fact is a
misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
Except as otherwise provided in s. 921.0022, for purposes of sentencing under
chapter 921 and determining incentive gaintime eligibility under chapter 944, the offense
of accessory after the fact is ranked two levels below the ranking under s. 921.0022 or s.
921.0023 of the felony offense committed.
777.04. Attempts, solicitation, and conspiracy.
A person who attempts to commit an offense prohibited by law and in such attempt
does any act toward the commission of such offense, but fails in the perpetration or is
intercepted or prevented in the execution thereof, commits the offense of criminal
attempt, ranked for purposes of sentencing as provided in subsection (4). Criminal
attempt includes the act of an adult who, with intent to commit an offense prohibited by
law, allures, seduces, coaxes, or induces a child under the age of 12 to engage in an
offense prohibited by law.
A person who solicits another to commit an offense prohibited by law and in the
course of such solicitation commands, encourages, hires, or requests another person to
engage in specific conduct which would constitute such offense or an attempt to commit
such offense commits the offense of criminal solicitation, ranked for purposes of
sentencing as provided in subsection (4).
A person who agrees, conspires, combines, or confederates with another person or
persons to commit any offense commits the offense of criminal conspiracy, ranked for
purposes of sentencing as provided in subsection (4).
(a) Except as otherwise provided in ss. 104.091(2),
379.2431(1), 828.125(2), 849.25(4), 893.135(5), and 921.0022, the offense of criminal
attempt, criminal solicitation, or criminal conspiracy is ranked for purposes of sentencing
under chapter 921 and determining incentive gaintime eligibility under chapter 944 one
level below the ranking under s. 921.0022 or s. 921.0023 of the offense attempted,
solicited, or conspired to. If the criminal attempt, criminal solicitation, or criminal
conspiracy is of an offense ranked in level 1 or level 2 under s. 921.0022 or s. 921.0023,
such offense is a misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083.
If the offense attempted, solicited, or conspired to is a capital felony, the offense of
criminal attempt, criminal solicitation, or criminal conspiracy is a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Except as otherwise provided in s. 893.135(5), if the offense attempted, solicited, or
conspired to is a life felony or a felony of the first degree, the offense of criminal attempt,
criminal solicitation, or criminal conspiracy is a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
Except as otherwise provided in s. 104.091(2), s. 379.2431(1), s. 828.125(2), or s.
849.25(4), if the offense attempted, solicited, or conspired to is a:
Felony of the second degree;
Burglary that is a felony of the third degree; or
Felony of the third degree ranked in level 3, 4, 5, 6, 7, 8, 9, or 10 under s. 921.0022
or s. 921.0023,
the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Except as otherwise provided in s. 104.091(2), s. 379.2431(1), s. 849.25(4), or
paragraph (d), if the offense attempted, solicited, or conspired to is a felony of the third
degree, the offense of criminal attempt, criminal solicitation, or criminal conspiracy is a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Except as otherwise provided in s. 104.091(2), if the offense attempted, solicited, or
conspired to is a misdemeanor of the first or second degree, the offense of criminal
attempt, criminal solicitation, or criminal conspiracy is a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
It is a defense to a charge of criminal attempt, criminal solicitation, or criminal
conspiracy that, under circumstances manifesting a complete and voluntary renunciation
of his or her criminal purpose, the defendant:
Abandoned his or her attempt to commit the offense or otherwise prevented its
commission;
After soliciting another person to commit an offense, persuaded such other person
not to do so or otherwise prevented commission of the offense; or
After conspiring with one or more persons to commit an offense, persuaded such
persons not to do so or otherwise prevented commission of the offense.
777.201. Entrapment.
A law enforcement officer, a person engaged in cooperation with a law enforcement
officer, or a person acting as an agent of a law enforcement officer perpetrates an
entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or
she induces or encourages and, as a direct result, causes another person to engage in
conduct constituting such crime by employing methods of persuasion or inducement
which create a substantial risk that such crime will be committed by a person other than
one who is ready to commit it.
A person prosecuted for a crime shall be acquitted if the person proves by a
preponderance of the evidence that his or her criminal conduct occurred as a result of an
entrapment. The issue of entrapment shall be tried by the trier of fact.
CHAPTER 782
HOMICIDE
782.02. Justifiable use of deadly force.
The use of deadly force is justifiable when a person is resisting any attempt to murder
such person or to commit any felony upon him or her or upon or in any dwelling house in
which such person shall be.
782.03. Excusable homicide.
Homicide is excusable when committed by accident and misfortune in doing any
lawful act by lawful means with usual ordinary caution, and without any unlawful intent,
or by accident and misfortune in the heat of passion, upon any sudden and sufficient
provocation, or upon a sudden combat, without any dangerous weapon being used and
not done in a cruel or unusual manner.
782.035. Abrogation of commonlaw rule of evidence known as “yearandaday
rule.”
The commonlaw rule of evidence applicable to homicide prosecutions known as the
“yearandaday rule,” which provides a conclusive presumption that an injury is not the
cause of death or that whether it is the cause cannot be discerned if the interval between
the infliction of the injury and the victim’s death exceeds a year and a day, is hereby
abrogated and does not apply in this state.
782.04. Murder.
(1) (a) The unlawful killing of a human being:
When perpetrated from a premeditated design to effect the death of the person killed or
any human being;
When committed by a person engaged in the perpetration of, or in the attempt to
perpetrate, any:
a. Trafficking offense prohibited by s. 893.135(1),
Arson,
Sexual battery,
Robbery,
Burglary,
Kidnapping,
Escape,
Aggravated child abuse,
Aggravated abuse of an elderly person or disabled adult,
Aircraft piracy,
Unlawful throwing, placing, or discharging of a destructive device or bomb,
Carjacking,
Homeinvasion robbery,
Aggravated stalking,
Murder of another human being,
Resisting an officer with violence to his or her person,
q. Aggravated fleeing or eluding with serious bodily injury or death,
r. Felony that is an act of terrorism or is in furtherance of an act of terrorism,
s. Human trafficking; or
Which resulted from the unlawful distribution of any substance controlled under s.
893.03(1), cocaine as described in s. 893.03(2)(a)4., opium or any synthetic or natural
salt, compound, derivative, or preparation of opium, or methadone by a person 18 years
of age or older, when such drug is proven to be the proximate cause of the death of the
user,
is murder in the first degree and constitutes a capital felony, punishable as provided
in s. 775.082.
In all cases under this section, the procedure set forth in s. 921.141 shall be followed
in order to determine sentence of death or life imprisonment. If the prosecutor intends to
seek the death penalty, the prosecutor must give notice to the defendant and file the
notice with the court within 45 days after arraignment. The notice must contain a list of
the aggravating factors the state intends to prove and has reason to believe it can prove
beyond a reasonable doubt. The court may allow the prosecutor to amend the notice upon
a showing of good cause.
The unlawful killing of a human being, when perpetrated by any act imminently
dangerous to another and evincing a depraved mind regardless of human life, although
without any premeditated design to effect the death of any particular individual, is murder
in the second degree and constitutes a felony of the first degree,
punishable by imprisonment for a term of years not exceeding life or as provided in s.
775.082, s. 775.083, or s. 775.084.
When a human being is killed during the perpetration of, or during the attempt to
perpetrate, any:
Trafficking offense prohibited by s. 893.135(1),
Arson,
Sexual battery,
Robbery,
Burglary,
Kidnapping,
Escape,
Aggravated child abuse,
Aggravated abuse of an elderly person or disabled adult,
Aircraft piracy,
Unlawful throwing, placing, or discharging of a destructive device or bomb,
Carjacking,
Homeinvasion robbery,
Aggravated stalking,
Murder of another human being,
Aggravated fleeing or eluding with serious bodily injury or
death,
Resisting an officer with violence to his or her person, or
Felony that is an act of terrorism or is in furtherance of an act of terrorism,
by a person other than the person engaged in the perpetration of or in the attempt to
perpetrate such felony, the person perpetrating or attempting to perpetrate such felony
commits murder in the second degree, which constitutes a felony of the first degree,
punishable by imprisonment for a term of years not exceeding life or as provided in s.
775.082, s. 775.083, or s. 775.084.
The unlawful killing of a human being, when perpetrated without any design to
effect death, by a person engaged in the perpetration of, or in the attempt to perpetrate,
any felony other than any:
Trafficking offense prohibited by s. 893.135(1),
Arson,
Sexual battery,
Robbery,
Burglary,
Kidnapping,
Escape,
Aggravated child abuse,
Aggravated abuse of an elderly person or disabled adult,
Aircraft piracy,
Unlawful throwing, placing, or discharging of a destructive
device or bomb,
Homeinvasion robbery,
Aggravated stalking,
Murder of another human being,
Aggravated fleeing or eluding with serious bodily injury or
death,
Resisting an officer with violence to his or her person, or
Felony that is an act of terrorism or is in furtherance of an act of terrorism,
is murder in the third degree and constitutes a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
As used in this section, the term “terrorism” means an activity that:
1. Involves a violent act or an act dangerous to human life which is a violation of the
criminal laws of this state or of the United States; or
2. Involves a violation of s. 815.06; and
(b) Is intended to:
Intimidate, injure, or coerce a civilian population;
Influence the policy of a government by intimidation or coercion; or
Affect the conduct of government through destruction of property, assassination,
murder, kidnapping, or aircraft piracy.
782.051. Attempted felony murder.
Any person who perpetrates or attempts to perpetrate any felony enumerated in s.
782.04(3) and who commits, aids, or abets an intentional act that is not an essential
element of the felony and that could, but does not, cause the death of another commits a
felony of the first degree, punishable by imprisonment for a term of years not exceeding
life, or as provided in s. 775.082, s. 775.083, or s. 775.084, which is an offense ranked in
level 9 of the Criminal Punishment Code. Victim injury points shall be scored under this
subsection.
Any person who perpetrates or attempts to perpetrate any felony other than a felony
enumerated in s. 782.04(3) and who commits, aids, or abets an intentional act that is not
an essential element of the felony and that could, but does not, cause the death of another
commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084, which is an offense ranked in level 8 of the Criminal Punishment Code.
Victim injury points shall be scored under this subsection.
When a person is injured during the perpetration of or the attempt to perpetrate any
felony enumerated in s. 782.04(3) by a
person other than the person engaged in the perpetration of or the attempt to perpetrate
such felony, the person perpetrating or attempting to perpetrate such felony commits a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, which is an offense ranked in level 7 of the Criminal Punishment Code. Victim
injury points shall be scored under this subsection.
782.065. Murder; law enforcement officer, correctional officer,
correctional probation officer.
Notwithstanding ss. 775.082, 775.0823, 782.04, 782.051, and chapter 921, a
defendant shall be sentenced to life imprisonment without eligibility for release upon
findings by the trier of fact that, beyond a reasonable doubt:
The defendant committed murder in the first degree in violation of s. 782.04(1) and a
death sentence was not imposed; murder in the second or third degree in violation of s.
782.04(2),
(3), or (4); attempted murder in the first or second degree in violation of s. 782.04(1)(a)1.
or (2); or attempted felony murder in violation of s. 782.051; and
The victim of any offense described in subsection (1) was a law enforcement officer,
parttime law enforcement officer, auxiliary law enforcement officer, correctional officer,
parttime correctional officer, auxiliary correctional officer, correctional probation
officer, parttime correctional probation officer, or auxiliary correctional probation
officer, as those terms are defined in s. 943.10, engaged in the lawful performance of a
legal duty.
782.07. Manslaughter; aggravated manslaughter of an
elderly person or disabled adult; aggravated manslaughter of a child; aggravated
manslaughter of an officer, a firefighter, an emergency medical technician, or a
paramedic.
The killing of a human being by the act, procurement, or culpable negligence of
another, without lawful justification according to the provisions of chapter 776 and in
cases in which such killing shall not be excusable homicide or murder, according to the
provisions of this chapter, is manslaughter, a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
A person who causes the death of any elderly person or disabled adult by culpable
negligence under s. 825.102(3) commits aggravated manslaughter of an elderly person or
disabled adult, a felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
A person who causes the death of any person under the age of 18 by culpable
negligence under s. 827.03(2)(b) commits aggravated manslaughter of a child, a felony of
the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who causes the death, through culpable negligence, of an officer as defined
in s. 943.10(14), a firefighter as defined in s. 112.191, an emergency medical technician
as defined in s. 401.23, or a paramedic as defined in s. 401.23, while the officer,
firefighter, emergency medical technician, or paramedic is performing duties that are
within the course of his or her employment, commits aggravated manslaughter of an
officer, a firefighter, an emergency medical technician, or a paramedic, a felony of the
first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
782.071. Vehicular homicide.
“Vehicular homicide” is the killing of a human being, or the killing of an unborn
child by any injury to the mother, caused by the operation of a motor vehicle by another
in a reckless manner likely to cause the death of, or great bodily harm to, another.
(1) Vehicular homicide is:
A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
A felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, if:
At the time of the accident, the person knew, or should have known, that the accident
occurred; and
The person failed to give information and render aid as required by s. 316.062.
This paragraph does not require that the person knew that the accident resulted in
injury or death.
For purposes of this section, the term “unborn child” has the same meaning as
provided in s. 775.021(5).
A right of action for civil damages shall exist under s. 768.19, under all
circumstances, for all deaths described in this section.
In addition to any other punishment, the court may order the person to serve 120
community service hours in a trauma center or hospital that regularly receives victims of
vehicle accidents,
under the supervision of a registered nurse, an emergency room physician, or an
emergency medical technician pursuant to a voluntary community service program
operated by the trauma center or hospital.
782.072. Vessel homicide.
“Vessel homicide” is the killing of a human being by the operation of a vessel as
defined in s. 327.02 by another in a reckless manner likely to cause the death of, or great
bodily harm to, another. Vessel homicide is:
A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
A felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, if:
At the time of the accident, the person knew, or should have known, that the accident
occurred; and
The person failed to give information and render aid as required by s. 327.30(1).
This subsection does not require that the person knew that the accident resulted in
injury or death.
782.08. Assisting selfmurder.
Every person deliberately assisting another in the commission of selfmurder shall be
guilty of manslaughter, a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
782.081. Commercial exploitation of selfmurder.
(1) As used in this section, the term:
“Deliberately assisting” means carrying out a public act that is intended to:
Aid, abet, facilitate, permit, advocate, or encourage;
Publicize, promote, advertise, operate, stage, schedule, or conduct;
Provide or secure a venue, transportation, or security; or
Result in the collection of an admission or fee.
“Selfmurder” means the voluntary and intentional taking of one’s own life. As used
in this section, the term includes attempted selfmurder.
“Simulated selfmurder” means the artistic depiction or portrayal of selfmurder
which is not an actual selfmurder. The term includes, but is not limited to, an artistic
depiction or portrayal of selfmurder in a script, play, movie, or story presented to the
public or during an event.
A person may not for commercial or entertainment purposes:
Conduct any event that the person knows or reasonably should know includes an
actual selfmurder as a part of the event or deliberately assist in an actual selfmurder.
Provide a theater, auditorium, club, or other venue or location for any event that the
person knows or reasonably should know includes an actual selfmurder as a part of the
event.
This section does not prohibit any event during which simulated selfmurder will occur.
It is not a defense to a prosecution under this section that an attempted selfmurder did
not result in a selfmurder.
A person who violates this section commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
The Attorney General or any state attorney may bring a civil proceeding for declaratory,
injunctive, or other relief to enforce the provisions of this section.
782.09. Killing of unborn child by injury to mother.
The unlawful killing of an unborn child, by any injury to the mother of such child which
would be murder if it resulted in the death of such mother, shall be deemed murder in the
same degree as that which would have been committed against the mother. Any person, other
than the mother, who unlawfully kills an unborn child by any injury to the mother:
Which would be murder in the first degree constituting a capital felony if it resulted in the
mother’s death commits murder in the first degree constituting a capital felony, punishable as
provided in s. 775.082.
Which would be murder in the second degree if it resulted in the mother’s death commits
murder in the second degree, a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Which would be murder in the third degree if it resulted in
the mother’s death commits murder in the third degree, a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
The unlawful killing of an unborn child by any injury to the mother of such child
which would be manslaughter if it resulted in the death of such mother shall be deemed
manslaughter. A person who unlawfully kills an unborn child by any injury to the mother
which would be manslaughter if it resulted in the mother’s death commits manslaughter,
a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
The death of the mother resulting from the same act or criminal episode that caused
the death of the unborn child does not bar prosecution under this section.
This section does not authorize the prosecution of any person in connection with a
termination of pregnancy pursuant to chapter 390.
For purposes of this section, the term “unborn child” has the same meaning as
provided in s. 775.021(5).
782.11. Unnecessary killing to prevent unlawful act.
Whoever shall unnecessarily kill another, either while resisting an attempt by such
other person to commit any felony, or to do any other unlawful act, or after such attempt
shall have failed, shall be deemed guilty of manslaughter, a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
CHAPTER 784
ASSAULT; BATTERY; CULPABLE NEGLIGENCE
784.011. Assault.
An “assault” is an intentional, unlawful threat by word or act to do violence to the
person of another, coupled with an apparent ability to do so, and doing some act which
creates a wellfounded fear in such other person that such violence is imminent.
Whoever commits an assault shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
784.021. Aggravated assault.
(1) An “aggravated assault” is an assault:
With a deadly weapon without intent to kill; or
With an intent to commit a felony.
784.03. Battery; felony battery.
(1) (a) The offense of battery occurs when a person:
Actually and intentionally touches or strikes another person against the will of the
other; or
Intentionally causes bodily harm to another person.
Except as provided in subsection (2), a person who commits battery commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
A person who has one prior conviction for battery, aggravated battery, or felony
battery and who commits any second or subsequent battery commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of
this subsection, “conviction” means a determination of guilt that is the result of a plea or
a trial, regardless of whether adjudication is withheld or a plea of nolo contendere is
entered.
784.041. Felony battery; domestic battery by strangulation.
(1) A person commits felony battery if he or she:
Actually and intentionally touches or strikes another person against the will of the
other; and
Causes great bodily harm, permanent disability, or permanent disfigurement.
(a) A person commits domestic battery by strangulation if the person knowingly and
intentionally, against the will of another, impedes the normal breathing or circulation of
the blood of a family or household member or of a person with whom he or she is in a
dating relationship, so as to create a risk of or cause great bodily harm by applying
pressure on the throat or neck of the other person or by blocking the nose or mouth of the
other person. This paragraph does not apply to any act of medical diagnosis, treatment, or
prescription which is authorized under the laws of this state.
(b) As used in this subsection, the term:
“Family or household member” has the same meaning as in s. 741.28.
“Dating relationship” means a continuing and significant relationship of a romantic
or intimate nature.
A person who commits felony battery or domestic battery by strangulation commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
784.045. Aggravated battery.
(a) A person commits aggravated battery who, in committing battery:
Intentionally or knowingly causes great bodily harm, permanent disability, or
permanent disfigurement; or
Uses a deadly weapon.
A person commits aggravated battery if the person who was the victim of the battery
was pregnant at the time of the offense and the offender knew or should have known that
the victim was pregnant.
Whoever commits aggravated battery shall be guilty of a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
784.046. Action by victim of repeat violence, sexual violence, or dating
violence for protective injunction; dating violence investigations, notice to
victims, and reporting; pretrial release violations; public records exemption.
(1) As used in this section, the term:
“Violence” means any assault, aggravated assault, battery, aggravated battery, sexual
assault, sexual battery, stalking, aggravated stalking, kidnapping, or false imprisonment,
or any criminal offense resulting in physical injury or death, by a person against any other
person.
“Repeat violence” means two incidents of violence or stalking committed by the
respondent, one of which must have been within 6 months of the filing of the petition,
which are directed against the petitioner or the petitioner’s immediate family member.
“Sexual violence” means any one incident of:
Sexual battery, as defined in chapter 794;
Sexual performance by a child, as described in chapter 827;
or
Any other forcible felony wherein a sexual act is committed or attempted,
regardless of whether criminal charges based on the incident were filed, reduced, or
dismissed by the state attorney.
“Dating violence” means violence between individuals who have or have had a
continuing and significant relationship of a
romantic or intimate nature. The existence of such a relationship shall be determined
based on the consideration of the following factors:
A dating relationship must have existed within the past 6 months;
The nature of the relationship must have been characterized by the expectation of
affection or sexual involvement between the parties; and
The frequency and type of interaction between the persons involved in the
relationship must have included that the persons have been involved over time and on a
continuous basis during the course of the relationship.
The term does not include violence in a casual acquaintanceship or violence between
individuals who only have engaged in ordinary fraternization in a business or social
context.
There is created a cause of action for an injunction for protection in cases of repeat
violence, there is created a separate cause of action for an injunction for protection in
cases of dating violence, and there is created a separate cause of action for an injunction
for protection in cases of sexual violence.
Any person who is the victim of repeat violence or the parent or legal guardian of any
minor child who is living at home and who seeks an injunction for protection against
repeat violence on behalf of the minor child has standing in the circuit court to file a
sworn petition for an injunction for protection against repeat violence.
Any person who is the victim of dating violence and has
reasonable cause to believe he or she is in imminent danger of becoming the victim of
another act of dating violence, or any person who has reasonable cause to believe he or
she is in imminent danger of becoming the victim of an act of dating violence, or the
parent or legal guardian of any minor child who is living at home and who seeks an
injunction for protection against dating violence on behalf of that minor child, has
standing in the circuit court to file a sworn petition for an injunction for protection
against dating violence.
A person who is the victim of sexual violence or the parent or legal guardian of a
minor child who is living at home who is the victim of sexual violence has standing in the
circuit court to file a sworn petition for an injunction for protection against sexual
violence on his or her own behalf or on behalf of the minor child if:
The person has reported the sexual violence to a law enforcement agency and is
cooperating in any criminal proceeding against the respondent, regardless of whether
criminal charges based on the sexual violence have been filed, reduced, or dismissed by
the state attorney; or
The respondent who committed the sexual violence against the victim or minor child
was sentenced to a term of imprisonment in state prison for the sexual violence and the
respondent’s term of imprisonment has expired or is due to expire within 90 days
following the date the petition is filed.
A cause of action for an injunction may be sought whether or not any other petition,
complaint, or cause of action is currently available or pending between the parties.
A cause of action for an injunction does not require that the petitioner be represented by
an attorney.
(a) The clerk of the court shall provide a copy of this section, simplified forms, and
clerical assistance for the preparation and filing of such a petition by any person who is not
represented by counsel.
Notwithstanding any other law, the clerk of the court may not assess a fee for filing a
petition for protection against repeat violence, sexual violence, or dating violence. However,
subject to legislative appropriation, the clerk of the court may, each quarter, submit to the
Office of the State Courts Administrator a certified request for reimbursement for petitions
for protection issued by the court under this section at the rate of $40 per petition. The request
for reimbursement shall be submitted in the form and manner prescribed by the Office of the
State Courts Administrator. From this reimbursement, the clerk shall pay the law enforcement
agency serving the injunction the fee requested by the law enforcement agency; however, this
fee may not exceed $20.
No bond shall be required by the court for the entry of an injunction.
The clerk of the court shall provide the petitioner with a certified copy of any injunction
for protection against repeat violence, sexual violence, or dating violence entered by the
court.
(a) The sworn petition shall allege the incidents of repeat violence, sexual violence, or
dating violence and shall include the specific facts and circumstances that form the basis upon
which relief is sought. With respect to a minor child who is living at
home, the parent or legal guardian seeking the protective injunction on behalf of the
minor child must:
Have been an eyewitness to, or have direct physical evidence or affidavits from
eyewitnesses of, the specific facts and circumstances that form the basis upon which
relief is sought, if the party against whom the protective injunction is sought is also a
parent, stepparent, or legal guardian of the minor child; or
Have reasonable cause to believe that the minor child is a victim of repeat sexual or
dating violence to form the basis upon which relief is sought, if the party against whom
the protective injunction is sought is a person other than a parent, stepparent, or legal
guardian of the minor child.
The sworn petition must be in substantially the following
form:
PETITION FOR INJUNCTION FOR PROTECTION AGAINST REPEAT VIOLENCE,
SEXUAL VIOLENCE, OR DATING VIOLENCE
2. Respondent resides at __________ (address).
3.a. Petitioner has suffered repeat violence as demonstrated by the fact that the
respondent has: __________ (enumerate incidents of violence)
b. Petitioner has suffered sexual violence as demonstrated by the fact that the
respondent has: __________ (enumerate incident of violence and include incident report
number from law enforcement agency or attach notice of inmate release.)
c. Petitioner is a victim of dating violence and has reasonable cause to believe that he
or she is in imminent danger of becoming the victim of another act of dating violence or
has reasonable cause to believe that he or she is in imminent danger of becoming a victim
of dating violence, as demonstrated by the fact that the respondent has: __________ (list
the specific incident or incidents of violence and describe the length of time of the
relationship, whether it has been in existence during the last 6 months, the nature of the
relationship of a romantic or intimate nature, the frequency and type of interaction, and
any other facts that characterize the relationship.)
Petitioner genuinely fears repeat violence by the respondent.
Petitioner seeks: an immediate injunction against the respondent, enjoining him or
her from committing any further acts of violence; an injunction enjoining the respondent
from committing any further acts of violence; and an injunction providing any terms the
court deems necessary for the protection of the petitioner and the petitioner’s immediate
family, including any injunctions or directives to law enforcement agencies.
Upon the filing of the petition, the court shall set a hearing to be held at the earliest
possible time. The respondent shall be personally served with a copy of the petition,
notice of hearing, and temporary injunction, if any, prior to the hearing.
(a) When it appears to the court that an immediate and present danger of violence
exists, the court may grant a temporary injunction which may be granted in an ex parte
hearing, pending a full hearing, and may grant such relief as the court deems proper,
including an injunction enjoining the respondent from committing any acts of violence.
Except as provided in s. 90.204, in a hearing ex parte for the purpose of obtaining
such temporary injunction, no evidence other than the verified pleading or affidavit shall
be used as evidence, unless the respondent appears at the hearing or has received
reasonable notice of the hearing.
Any such ex parte temporary injunction shall be effective for a fixed period not to
exceed 15 days. However, an ex parte temporary injunction granted under subparagraph
(2)(c)2. is effective for 15 days following the date the respondent is released from
incarceration. A full hearing, as provided by this section, shall be set for a date no later
than the date when the temporary injunction ceases to be effective. The court may grant a
continuance of the ex parte injunction and the full hearing before or during a hearing, for
good cause shown by any party.
Upon notice and hearing, the court may grant such relief as the court deems proper,
including an injunction:
Enjoining the respondent from committing any acts of violence.
Ordering such other relief as the court deems necessary for the protection of the
petitioner, including injunctions or directives to law enforcement agencies, as provided in
this section.
The terms of the injunction shall remain in full force and effect until modified or
dissolved. Either party may move at any time to modify or dissolve the injunction. Such
relief may be granted in addition to other civil or criminal remedies.
A temporary or final judgment on injunction for protection against repeat violence,
sexual violence, or dating violence entered pursuant to this section shall, on its face,
indicate that:
The injunction is valid and enforceable in all counties of the State of Florida.
Law enforcement officers may use their arrest powers pursuant to s. 901.15(6) to
enforce the terms of the injunction.
The court had jurisdiction over the parties and matter under the laws of Florida and
that reasonable notice and opportunity to be heard was given to the person against whom
the order is sought sufficient to protect that person’s right to due process.
The date that the respondent was served with the temporary or final order, if
obtainable.
(a) 1. The clerk of the court shall furnish a copy of the petition, notice of hearing, and
temporary injunction, if any, to the sheriff or a law enforcement agency of the county
where the respondent resides or can be found, who shall serve it upon the respondent as
soon thereafter as possible on any day of the week and at any time of the day or night.
When requested by the sheriff, the clerk of the court may transmit a facsimile copy of an
injunction that has been certified by the clerk of the court, and this facsimile copy may be
served in the same manner as a certified copy. Upon receiving a facsimile copy, the
sheriff must verify receipt with the sender before attempting to serve it upon the
respondent. In addition, if the sheriff is in possession of an injunction for protection that
has been certified by the clerk of the court, the sheriff may transmit a facsimile copy of
that injunction to a law enforcement officer who shall serve it in the same manner as a
certified copy. The clerk of the court shall be responsible for furnishing to the sheriff
such information on the respondent’s physical description and location as is required by
the department to comply with the verification procedures set forth in this section.
Notwithstanding any other provision of law to the contrary, the chief judge of each
circuit, in consultation with the appropriate sheriff, may authorize a law enforcement
agency within the chief judge’s jurisdiction to effect this type of service and to receive a
portion of the service fee. No person shall be authorized or permitted to serve or execute
an injunction issued under this section unless the person is a law enforcement officer as
defined in chapter 943.
There shall be created a Domestic, Dating, Sexual, and Repeat Violence Injunction
Statewide Verification System within the Department of Law Enforcement. The
department shall establish, implement, and maintain a statewide communication system
capable of electronically transmitting information to and between criminal justice
agencies relating to domestic violence injunctions, dating violence injunctions, sexual
violence injunctions, and repeat violence injunctions issued by the courts throughout the
state. Such information must include, but is not limited to, information as to the existence
and status of any injunction for verification purposes.
1. Within 24 hours after the court issues an injunction for protection against repeat
violence, sexual violence, or dating violence or changes or vacates an injunction for
protection against repeat violence, sexual violence, or dating violence, the clerk of the
court must forward a copy of the injunction to the sheriff with jurisdiction over the
residence of the petitioner.
Within 24 hours after service of process of an injunction for protection against repeat
violence, sexual violence, or dating violence upon a respondent, the law enforcement
officer must forward the written proof of service of process to the sheriff with jurisdiction
over the residence of the petitioner.
Within 24 hours after the sheriff receives a certified copy of the injunction for
protection against repeat violence, sexual violence, or dating violence, the sheriff must
make information relating to the injunction available to other law enforcement agencies
by electronically transmitting such information to the department.
Within 24 hours after the sheriff or other law enforcement officer has made service
upon the respondent and the sheriff has been so notified, the sheriff must make
information relating to the service available to other law enforcement agencies by
electronically transmitting such information to the department.
a. Subject to available funding, the Florida Association of Court Clerks and
Comptrollers shall develop an automated process by which a petitioner may request
notification of service of the injunction for protection against repeat violence, sexual
violence, or dating violence and other court actions related to the injunction for
protection. The automated notice shall be made within 12 hours after the sheriff or other
law enforcement officer serves the injunction upon the respondent. The notification must
include, at a minimum, the date, time, and location where the injunction for protection
against repeat violence, sexual violence, or dating violence was served. When a petitioner
makes a request for notification, the clerk must apprise the petitioner of her or his right to
request in writing that the information specified in subsubparagraph b. be held exempt
from public records requirements for 5 years. The Florida Association of Court Clerks
and Comptrollers may apply for any available grants to fund the development of the
automated process.
b. Upon implementation of the automated process, information held by clerks and
law enforcement agencies in conjunction with the automated process developed under
subsubparagraph a. which reveals the home or employment telephone number, cellular
telephone number, home or employment address, electronic mail address, or other
electronic means of identification of a petitioner requesting notification of service of an
injunction
for protection against repeat violence, sexual violence, or dating violence and other court
actions related to the injunction for protection is exempt from s. 119.07(1) and s. 24(a),
Art. I of the State Constitution, upon written request by the petitioner. Such information
shall cease to be exempt 5 years after the receipt of the written request. Any state or
federal agency that is authorized to have access to such documents by any provision of
law shall be granted such access in the furtherance of such agency’s statutory duties,
notwithstanding this subsubparagraph. This subsubparagraph is subject to the Open
Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on
October 2, 2017, unless reviewed and saved from repeal through reenactment by the
Legislature.
If a law enforcement officer decides not to make an arrest or decides to arrest two or
more parties, the grounds for not arresting anyone or for arresting two or more parties.
A statement which indicates that a copy of the legal rights and remedies notice was
given to the victim.
Whenever possible, the law enforcement officer shall obtain a written statement from
the victim and witnesses concerning the
alleged dating violence. The officer shall submit the report to the supervisor or other
person to whom the employer’s rules or policies require reports of similar allegations of
criminal activity to be made. The law enforcement agency shall, without charge, send a
copy of the initial police report, as well as any subsequent, supplemental, or related
report, which excludes victim or witness statements or other materials that are part of an
active criminal investigation and are exempt from disclosure under chapter 119, to the
nearest locally certified domestic violence center within 24 hours after the agency’s
receipt of the report. The report furnished to the domestic violence center must include a
narrative description of the dating violence incident.
Whenever a law enforcement officer determines upon probable cause that an act of
dating violence has been committed within the jurisdiction, or that a person has violated a
condition of pretrial release as provided in s. 903.047 and the original arrest was for an
act of dating violence, the officer may arrest the person or persons suspected of its
commission and charge such person or persons with the appropriate crime. The decision
to arrest and charge shall not require consent of the victim or consideration of the
relationship of the parties.
(a) When complaints are received from two or more parties, the officers shall
evaluate each complaint separately to determine whether there is probable cause for
arrest.
If a law enforcement officer has probable cause to believe that two or more persons
have committed a misdemeanor or felony, or if two or more persons make complaints to
the officer, the officer shall try to determine who was the primary aggressor. Arrest is the
preferred response only with respect to the primary
aggressor and not the preferred response with respect to a person who acts in a reasonable
manner to protect or defend himself or herself or another family or household member
from dating violence.
A person who willfully violates a condition of pretrial release provided in s. 903.047,
when the original arrest was for an act of dating violence as defined in this section,
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083, and shall be held in custody until his or her first appearance.
A law enforcement officer acting in good faith under this section and the officer’s
employing agency shall be immune from all liability, civil or criminal, that might
otherwise be incurred or imposed by reason of the officer’s or agency’s actions in
carrying out the provisions of this section.
784.047. Penalties for violating protective injunction against violators.
A person who willfully violates an injunction for protection against repeat violence,
sexual violence, or dating violence, issued pursuant to s. 784.046, or a foreign protection
order accorded full faith and credit pursuant to s. 741.315 by:
Refusing to vacate the dwelling that the parties share;
Going to, or being within 500 feet of, the petitioner’s residence, school, place of
employment, or a specified place frequented regularly by the petitioner and any named
family or household member;
Committing an act of repeat violence, sexual violence, or dating violence against the
petitioner;
Committing any other violation of the injunction through an intentional unlawful
threat, word, or act to do violence to the petitioner;
Telephoning, contacting, or otherwise communicating with the petitioner directly or
indirectly, unless the injunction specifically allows indirect contact through a third party;
Knowingly and intentionally coming within 100 feet of the petitioner’s motor
vehicle, whether or not that vehicle is occupied;
Defacing or destroying the petitioner’s personal property, including the petitioner’s
motor vehicle; or
Refusing to surrender firearms or ammunition if ordered to do so by the court,
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083, except as provided in subsection (2).
A person who has two or more prior convictions for violation of an injunction or
foreign protection order, and who subsequently commits a violation of any injunction or
foreign protection order against the same victim, commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For purposes of this
subsection, the term “conviction” means a determination of guilt which is the result of a
plea or a trial, regardless of whether adjudication is withheld or a plea of nolo contendere
is entered.
784.048. Stalking; definitions; penalties.
(1) As used in this section, the term:
“Harass” means to engage in a course of conduct directed at a specific person which
causes substantial emotional distress to that person and serves no legitimate purpose.
“Course of conduct” means a pattern of conduct composed of a series of acts over a
period of time, however short, which evidences a continuity of purpose. The term does
not include constitutionally protected activity such as picketing or other organized
protests.
“Credible threat” means a verbal or nonverbal threat, or a combination of the two,
including threats delivered by electronic communication or implied by a pattern of
conduct, which places the person who is the target of the threat in reasonable fear for his
or her safety or the safety of his or her family members or individuals closely associated
with the person, and which is made with the apparent ability to carry out the threat to
cause such harm. It is not necessary to prove that the person making the threat had the
intent to actually carry out the threat. The present incarceration of the person making the
threat is not a bar to prosecution under this section.
“Cyberstalk” means to engage in a course of conduct to communicate, or to cause to
be communicated, words, images, or language by or through the use of electronic mail or
electronic communication, directed at a specific person, causing substantial emotional
distress to that person and serving no legitimate purpose.
A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks
another person commits the offense of stalking, a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks
another person and makes a credible threat to that person commits the offense of aggravated
stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
A person who, after an injunction for protection against repeat violence, sexual violence,
or dating violence pursuant to s. 784.046, or an injunction for protection against domestic
violence pursuant to s. 741.30, or after any other courtimposed prohibition of conduct toward
the subject person or that person’s property, knowingly, willfully, maliciously, and repeatedly
follows, harasses, or cyberstalks another person commits the offense of aggravated stalking, a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who willfully, maliciously, and repeatedly follows, harasses, or cyberstalks a
child under 16 years of age commits the offense of aggravated stalking, a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A law enforcement officer may arrest, without a warrant, any person that he or she has
probable cause to believe has violated this section.
A person who, after having been sentenced for a violation of s. 794.011, s. 800.04, or s.
847.0135(5) and prohibited from
contacting the victim of the offense under s. 921.244, willfully, maliciously, and
repeatedly follows, harasses, or cyberstalks the victim commits the offense of aggravated
stalking, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
775.084.
The punishment imposed under this section shall run consecutive to any former
sentence imposed for a conviction for any offense under s. 794.011, s. 800.04, or s.
847.0135(5).
(a) The sentencing court shall consider, as a part of any sentence, issuing an order
restraining the defendant from any contact with the victim, which may be valid for up to
10 years, as determined by the court. It is the intent of the Legislature that the length of
any such order be based upon the seriousness of the facts before the court, the probability
of future violations by the perpetrator, and the safety of the victim and his or her family
members or individuals closely associated with the victim.
The order may be issued by the court even if the defendant is sentenced to a state
prison or a county jail or even if the imposition of the sentence is suspended and the
defendant is placed on probation.
784.0485. Stalking; injunction; powers and duties of court and clerk; petition;
notice and hearing; temporary injunction; issuance of injunction; statewide
verification system; enforcement.
There is created a cause of action for an injunction for protection against stalking.
For the purposes of injunctions for protection against stalking under this section, the
offense of
stalking shall include the offense of cyberstalking.
A person who is the victim of stalking or the parent or legal guardian of a minor child
who is living at home who seeks an injunction for protection against stalking on behalf of
the minor child has standing in the circuit court to file a sworn petition for an injunction
for protection against stalking.
The cause of action for an injunction for protection may be sought regardless of
whether any other cause of action is currently pending between the parties. However, the
pendency of any such cause of action shall be alleged in the petition.
The cause of action for an injunction may be sought by any affected person.
The cause of action for an injunction does not require either party to be represented
by an attorney.
The court may not issue mutual orders of protection; however, the court is not
precluded from issuing separate injunctions for protection against stalking if each party
has complied with this section. Compliance with this section may not be waived.
Notwithstanding chapter 47, a petition for an injunction for protection against
stalking may be filed in the circuit where the petitioner currently or temporarily resides,
where the respondent resides, or where the stalking occurred. There is no minimum
requirement of residency to petition for an injunction for protection.
(a) Notwithstanding any other law, the clerk of court may not assess a filing fee to
file a petition for protection against
stalking. However, subject to legislative appropriation, the clerk of the circuit court may,
on a quarterly basis, submit to the Office of the State Courts Administrator a certified
request for reimbursement for petitions for protection against stalking issued by the court,
at the rate of $40 per petition. The request for reimbursement shall be submitted in the
form and manner prescribed by the Office of the State Courts Administrator. From this
reimbursement, the clerk shall pay any law enforcement agency serving the injunction the
fee requested by the law enforcement agency; however, this fee may not exceed $20.
A bond is not required by the court for the entry of an injunction.
1. The clerk of the court shall assist petitioners in seeking both injunctions for
protection against stalking and enforcement of a violation thereof as specified in this
section.
All offices of the clerk of the court shall provide simplified petition forms for the
injunction and any modifications to and the enforcement thereof, including instructions
for completion.
The clerk of the court shall ensure the petitioner’s privacy to the extent practicable
while completing the forms for an injunction for protection against stalking.
The clerk of the court shall provide a petitioner with a minimum of two certified
copies of the order of injunction, one of which is serviceable and will inform the
petitioner of the process for service and enforcement.
The clerk of the court and appropriate staff in each county shall receive training in
the effective assistance of petitioners as
provided or approved by the Florida Association of Court Clerks and Comptrollers.
The clerk of the court in each county shall make available informational brochures on
stalking when such a brochure is provided by the local certified domestic violence center
or certified rape crisis center.
The clerk of the court in each county shall distribute a statewide uniform
informational brochure to petitioners at the time of filing for an injunction for protection
against stalking when such brochures become available. The brochure must include
information about the effect of giving the court false information.
(a) The sworn petition shall allege the existence of such stalking and shall include the
specific facts and circumstances for which relief is sought.
The sworn petition shall be in substantially the following
form:
PETITION FOR INJUNCTION FOR PROTECTION AGAINST STALKING
(Petitioner may furnish the address to the court in a separate confidential filing if, for
safety reasons, the petitioner requires the
location of the current residence to be confidential.)
Respondent resides at: __________ (last known address)
Respondent’s last known place of employment: __________
(name of business and address)
Physical description of respondent: __________
Race: __________
Sex: __________
Date of birth: __________
Height: __________
Weight: __________
Eye color: __________
Hair color: __________
Distinguishing marks or scars: __________
Aliases of respondent: __________
The petitioner shall describe any other cause of action currently pending between the
petitioner and respondent. The petitioner shall also describe any previous attempt by the
petitioner to obtain an injunction for protection against stalking in this or any other
circuit, and the result of that attempt. (Case numbers should be included, if available.)
The petition must provide space for the petitioner to specifically allege that he or she
is a victim of stalking because respondent has:
(Mark all sections that apply and describe in the spaces below the incidents of
stalking specifying when and where they occurred, including, but not limited to, locations
such as a home, school, or place of employment.)
___ Committed stalking.
___ Previously threatened, harassed, stalked, cyberstalked, or physically abused the
petitioner.
___ Threatened to harm the petitioner or family members or individuals closely
associated with the petitioner.
___ Intentionally injured or killed a family pet.
___ Used, or threatened to use, against the petitioner any weapons such as guns or
knives.
___ A criminal history involving violence or the threat of violence, if known.
___ Another order of protection issued against him or her previously or from another
jurisdiction, if known.
___ Destroyed personal property, including, but not limited to, telephones or other
communication equipment, clothing, or other items belonging to the petitioner.
The petitioner seeks an injunction: (Mark
appropriate section or sections.)
___ Immediately restraining the respondent from committing any acts of stalking.
___ Restraining the respondent from committing any acts of stalking.
___ Providing any terms the court deems necessary for the protection of a victim of
stalking, including any injunctions or directives to law enforcement agencies.
Every petition for an injunction against stalking must contain, directly above the
signature line, a statement in all capital letters and bold type not smaller than the
surrounding text, as follows:
I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH
STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE
STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY
OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA
STATUTES.
(initials)
Upon the filing of the petition, the court shall set a hearing to be held at the earliest
possible time. The respondent shall be personally served with a copy of the petition,
notice of hearing, and temporary injunction, if any, before the hearing.
(a) If it appears to the court that stalking exists, the court may grant a temporary
injunction ex parte, pending a full hearing, and may grant such relief as the court deems
proper, including an injunction restraining the respondent from committing any act of
stalking.
Except as provided in s. 90.204, in a hearing ex parte for the purpose of obtaining
such ex parte temporary injunction, evidence other than verified pleadings or affidavits
may not be used as evidence, unless the respondent appears at the hearing or has
received reasonable notice of the hearing. A denial of a petition for an ex parte injunction
shall be by written order noting the legal grounds for denial. If the only ground for denial
is no appearance of an immediate and present danger of stalking, the court shall set a full
hearing on the petition for injunction with notice at the earliest possible time. This
paragraph does not affect a petitioner’s right to promptly amend any petition, or
otherwise be heard in person on any petition consistent with the Florida Rules of Civil
Procedure.
Any such ex parte temporary injunction is effective for a fixed period not to exceed
15 days. A full hearing, as provided in this section, shall be set for a date no later than the
date when the temporary injunction ceases to be effective. The court may grant a
continuance of the hearing before or during a hearing for good cause shown by any party,
which shall include a continuance to obtain service of process. An injunction shall be
extended if necessary to remain in full force and effect during any period of continuance.
(a) Upon notice and hearing, when it appears to the court that the petitioner is the
victim of stalking, the court may grant such relief as the court deems proper, including an
injunction:
Restraining the respondent from committing any act of stalking.
Ordering the respondent to participate in treatment, intervention, or counseling
services to be paid for by the respondent.
Referring a petitioner to appropriate services. The court may provide the petitioner
with a list of certified domestic violence
centers, certified rape crisis centers, and other appropriate referrals in the circuit which
the petitioner may contact.
Ordering such other relief as the court deems necessary for the protection of a victim
of stalking, including injunctions or directives to law enforcement agencies, as provided
in this section.
The terms of an injunction restraining the respondent under subparagraph (a)1. or
ordering other relief for the protection of the victim under subparagraph (a)4. shall
remain in effect until modified or dissolved. Either party may move at any time to modify
or dissolve the injunction. Specific allegations are not required. Such relief may be
granted in addition to other civil or criminal remedies.
A temporary or final judgment on injunction for protection against stalking entered
pursuant to this section shall, on its face, indicate:
That the injunction is valid and enforceable in all counties of this state.
That law enforcement officers may use their arrest powers pursuant to s. 901.15(6) to
enforce the terms of the injunction.
That the court has jurisdiction over the parties and matter under the laws of this state
and that reasonable notice and opportunity to be heard was given to the person against
whom the order is sought sufficient to protect that person’s right to due process.
The date that the respondent was served with the temporary or final order, if
obtainable.
The fact that a separate order of protection is granted to each opposing party is not
legally sufficient to deny any remedy to either party or to prove that the parties are
equally at fault or equally endangered.
A final judgment on an injunction for protection against stalking entered pursuant to
this section must, on its face, provide that it is a violation of s. 790.233 and a
misdemeanor of the first degree for the respondent to have in his or her care, custody,
possession, or control any firearm or ammunition.
All proceedings under this subsection shall be recorded. Recording may be by
electronic means as provided by the Rules of Judicial Administration.
The court shall allow an advocate from a state attorney’s office, a law enforcement
agency, a certified rape crisis center, or a certified domestic violence center who is
registered under s. 39.905 to be present with the petitioner or respondent during any court
proceedings or hearings related to the injunction for protection if the petitioner or
respondent has made such a request and the advocate is able to be present.
(a) 1. The clerk of the court shall furnish a copy of the petition, notice of hearing, and
temporary injunction, if any, to the sheriff or a law enforcement agency of the county
where the respondent resides or can be found, who shall serve it upon the respondent as
soon thereafter as possible on any day of the week and at any time of the day or night.
When requested by the sheriff, the clerk of the court may transmit a facsimile copy of an
injunction that has been certified by the clerk of the court, and this facsimile copy may be
served in the same manner as a certified
copy. Upon receiving a facsimile copy, the sheriff must verify receipt with the sender
before attempting to serve it on the respondent. In addition, if the sheriff is in possession
of an injunction for protection that has been certified by the clerk of the court, the sheriff
may transmit a facsimile copy of that injunction to a law enforcement officer who shall
serve it in the same manner as a certified copy. The clerk of the court shall furnish to the
sheriff such information concerning the respondent’s physical description and location as
is required by the Department of Law Enforcement to comply with the verification
procedures set forth in this section. Notwithstanding any other law, the chief judge of
each circuit, in consultation with the appropriate sheriff, may authorize a law
enforcement agency within the jurisdiction to effect service. A law enforcement agency
serving injunctions pursuant to this section shall use service and verification procedures
consistent with those of the sheriff.
If an injunction is issued and the petitioner requests the assistance of a law
enforcement agency, the court may order that an officer from the appropriate law
enforcement agency accompany the petitioner to assist in the execution or service of the
injunction. A law enforcement officer shall accept a copy of an injunction for protection
against stalking, certified by the clerk of the court, from the petitioner and immediately
serve it upon a respondent who has been located but not yet served.
An order issued, changed, continued, extended, or vacated subsequent to the original
service of documents enumerated under subparagraph 1. shall be certified by the clerk of
the court and delivered to the parties at the time of the entry of the order. The parties may
acknowledge receipt of such order in writing on the
face of the original order. If a party fails or refuses to acknowledge the receipt of a
certified copy of an order, the clerk shall note on the original order that service was
effected. If delivery at the hearing is not possible, the clerk shall mail certified copies of
the order to the parties at the last known address of each party. Service by mail is
complete upon mailing. When an order is served pursuant to this subsection, the clerk
shall prepare a written certification to be placed in the court file specifying the time, date,
and method of service and shall notify the sheriff.
If the respondent has been served previously with a temporary injunction and has
failed to appear at the initial hearing on the temporary injunction, any subsequent petition
for injunction seeking an extension of time may be served on the respondent by the clerk
of the court by certified mail in lieu of personal service by a law enforcement officer.
1. Within 24 hours after the court issues an injunction for protection against stalking
or changes, continues, extends, or vacates an injunction for protection against stalking,
the clerk of the court must forward a certified copy of the injunction for service to the
sheriff having jurisdiction over the residence of the petitioner. The injunction must be
served in accordance with this subsection.
Within 24 hours after service of process of an injunction for protection against
stalking upon a respondent, the law enforcement officer must forward the written proof of
service of process to the sheriff having jurisdiction over the residence of the petitioner.
Within 24 hours after the sheriff receives a certified copy of the injunction for
protection against stalking, the sheriff must make information relating to the injunction
available to other law enforcement agencies by electronically transmitting such
information to the Department of Law Enforcement.
Within 24 hours after the sheriff or other law enforcement officer has made service
upon the respondent and the sheriff has been so notified, the sheriff must make
information relating to the service available to other law enforcement agencies by
electronically transmitting such information to the Department of Law Enforcement.
Within 24 hours after an injunction for protection against stalking is vacated,
terminated, or otherwise rendered no longer effective by ruling of the court, the clerk of
the court must notify the sheriff receiving original notification of the injunction as
provided in subparagraph 2. That agency shall, within 24 hours after receiving such
notification from the clerk of the court, notify the Department of Law Enforcement of
such action of the court.
(a) The court may enforce a violation of an injunction for protection against stalking
through a civil or criminal contempt proceeding, or the state attorney may prosecute it as
a criminal violation under s. 784.0487. Any assessments or fines ordered by the court
enforcing such an injunction shall be collected by the clerk of the court and transferred on
a monthly basis to the State Treasury for deposit into the Domestic Violence Trust Fund.
If the respondent is arrested by a law enforcement officer under s. 901.15(6) or for a
violation of s. 784.0487, the respondent shall be held in custody until brought before the
court
as expeditiously as possible for the purpose of enforcing the injunction and for
admittance to bail in accordance with chapter 903 and the applicable rules of criminal
procedure, pending a hearing.
The petitioner or the respondent may move the court to modify or dissolve an
injunction at any time.
784.0487. Violation of an injunction for protection against stalking or
cyberstalking.
If the injunction for protection against stalking or cyberstalking has been violated and
the respondent has not been arrested, the petitioner may contact the clerk of the circuit
court of the county in which the violation is alleged to have occurred. The clerk shall
assist the petitioner in preparing an affidavit in support of reporting the violation or
directing the petitioner to the office operated by the court that has been designated by the
chief judge of that circuit as the central intake point for violations of injunctions for
protection where the petitioner can receive assistance in the preparation of the affidavit in
support of the violation.
The affidavit shall be immediately forwarded by the office assisting the petitioner to
the state attorney of that circuit and to such judge as the chief judge determines to be the
recipient of affidavits of violations of an injunction. If the affidavit alleges that a crime
has been committed, the office assisting the petitioner shall also forward a copy of the
petitioner’s affidavit to the appropriate law enforcement agency for investigation. No
later than 20 days after receiving the initial report, the local law enforcement agency shall
complete its investigation and forward a
report to the state attorney. The policy adopted by the state attorney in each circuit under
s. 741.2901(2) shall include a policy regarding intake of alleged violations of injunctions
for protection against stalking or cyberstalking under this section. The intake shall be
supervised by a state attorney who has been designated and assigned to handle stalking or
cyberstalking cases. The state attorney shall determine within 30 working days whether
his or her office will file criminal charges or prepare a motion for an order to show cause
as to why the respondent should not be held in criminal contempt, or prepare both as
alternative findings, or file notice that the case remains under investigation or is pending
subject to some other action.
If the court has knowledge that the petitioner or another person is in immediate
danger if the court does not act before the decision of the state attorney to proceed, the
court shall immediately issue an order of appointment of the state attorney to file a
motion for an order to show cause as to why the respondent should not be held in
contempt. If the court does not issue an order of appointment of the state attorney, it shall
immediately notify the state attorney that the court is proceeding to enforce the violation
through criminal contempt.
(a) A person who willfully violates an injunction for protection against stalking or
cyberstalking issued pursuant to s. 784.0485, or a foreign protection order accorded full
faith and credit pursuant to s. 741.315, by:
Going to, or being within 500 feet of, the petitioner’s residence, school, place of
employment, or a specified place frequented regularly by the petitioner and any named
family members or individuals closely associated with the petitioner;
Committing an act of stalking against the petitioner;
784.049. Sexual cyberharassment.
(1) The Legislature finds that:
A person depicted in a sexually explicit image taken with the person’s consent has a
reasonable expectation that the image will remain private.
It is becoming a common practice for persons to publish a sexually explicit image of
another to Internet websites without the depicted person’s consent, for no legitimate
purpose, with the intent of causing substantial emotional distress to the depicted person.
When such images are published on Internet websites, they are able to be viewed
indefinitely by persons worldwide and are able to be easily reproduced and shared.
The publication of such images on Internet websites creates a permanent record of
the depicted person’s private nudity or private sexually explicit conduct.
The existence of such images on Internet websites causes those depicted in such
images significant psychological harm.
Safeguarding the psychological wellbeing of persons depicted in such images is
compelling.
(2) As used in this section, the term:
“Image” includes, but is not limited to, any photograph, picture, motion picture, film,
video, or representation.
“Personal identification information” has the same meaning as provided in s.
817.568.
“Sexually cyberharass” means to publish a sexually explicit image of a person that
contains or conveys the personal identification information of the depicted person to an
Internet website without the depicted person’s consent, for no legitimate purpose, with
the intent of causing substantial emotional distress to the depicted person.
“Sexually explicit image” means any image depicting nudity, as defined in s.
847.001, or depicting a person engaging in sexual conduct, as defined in s. 847.001.
(a) Except as provided in paragraph (b), a person who willfully and maliciously
sexually cyberharasses another person commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
A person who has one prior conviction for sexual cyberharassment and who commits
a second or subsequent sexual cyberharassment commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(a) A law enforcement officer may arrest, without a warrant, any person that he or
she has probable cause to believe has violated this section.
Upon proper affidavits being made, a search warrant may be issued to further
investigate violations of this section, including warrants issued to search a private
dwelling.
An aggrieved person may initiate a civil action against a person who violates this
section to obtain all appropriate relief in order to prevent or remedy a violation of this
section, including the following:
Injunctive relief.
The criminal and civil penalties of this section do not apply
to:
A provider of an interactive computer service as defined in 47 U.S.C. s. 230(f),
information service as defined in 47 U.S.C. s. 153, or communications service as defined
in s. 202.11, that provides the transmission, storage, or caching of electronic
communications or messages of others; other related telecommunications or commercial
mobile radio service; or content provided by another person; or
A law enforcement officer, as defined in s. 943.10, or any local, state, federal, or
military law enforcement agency, that publishes a sexually explicit image in connection
with the performance of his or her duties as a law enforcement officer, or law
enforcement agency.
A violation of this section is committed within this state if any conduct that is an
element of the offense, or any harm to the depicted person resulting from the offense,
occurs within this state.
784.05. Culpable negligence.
Whoever, through culpable negligence, exposes another person to personal injury
commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083.
Whoever, through culpable negligence, inflicts actual personal injury on another
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
Whoever violates subsection (1) by storing or leaving a loaded firearm within the
reach or easy access of a minor commits, if the minor obtains the firearm and uses it to
inflict injury or death upon himself or herself or any other person, a felony of the third
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. However, this subsection does not apply:
If the firearm was stored or left in a securely locked box or container or in a location
which a reasonable person would have believed to be secure, or was securely locked with
a trigger lock;
If the minor obtains the firearm as a result of an unlawful entry by any person;
To injuries resulting from target or sport shooting accidents or hunting accidents; or
To members of the Armed Forces, National Guard, or State Militia, or to police or
other law enforcement officers, with respect to firearm possession by a minor which
occurs during or incidental to the performance of their official duties.
When any minor child is accidentally shot by another family member, no arrest shall
be made pursuant to this subsection prior
to 7 days after the date of the shooting. With respect to any parent or guardian of any
deceased minor, the investigating officers shall file all findings and evidence with the
state attorney’s office with respect to violations of this subsection. The state attorney
shall evaluate such evidence and shall take such action as he or she deems appropriate
under the circumstances and may file an information against the appropriate parties.
As used in this act, the term “minor” means any person under the age of 16.
784.062. Misuse of laser lighting devices.
As used in subsection (2), the term “laser lighting device” means a handheld device,
not affixed to a firearm, which emits a laser beam that is designed to be used by the
operator as a pointer or highlighter to indicate, mark, or identify a specific position, place,
item, or object. As used in subsection (3), the term “laser lighting device” means any
device designed or used to amplify electromagnetic radiation by stimulated emission.
Any person who knowingly and willfully shines, points, or focuses the beam of a
laser lighting device at a law enforcement officer, engaged in the performance of his or
her official duties, in such a manner that would cause a reasonable person to believe that
a firearm is pointed at him or her commits a noncriminal violation, punishable as
provided in s. 775.083.
(a) Any person who knowingly and willfully shines, points, or focuses the beam of a
laser lighting device on an individual operating a motor vehicle, vessel, or aircraft
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
Any person who knowingly and willfully shines, points, or focuses the beam of a
laser lighting device on an individual operating a motor vehicle, vessel, or aircraft and
such act results in bodily injury commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
784.07. Assault or battery of law enforcement officers, firefighters, emergency
medical care providers, public transit employees or agents, or other specified
officers; reclassification of offenses; minimum sentences.
(1) As used in this section, the term:
“Emergency medical care provider” means an ambulance driver, emergency medical
technician, paramedic, registered nurse, physician as defined in s. 401.23, medical
director as defined in s. 401.23, or any person authorized by an emergency medical
service licensed under chapter 401 who is engaged in the performance of his or her
duties. The term “emergency medical care provider” also includes physicians, employees,
agents, or volunteers of hospitals as defined in chapter 395, who are employed, under
contract, or otherwise authorized by a hospital to perform duties directly associated with
the care and treatment rendered by the hospital’s emergency department or the security
thereof.
“Firefighter” means any person employed by any public employer of this state whose
duty it is to extinguish fires; to protect life or property; or to enforce municipal, county,
and state fire prevention codes, as well as any law pertaining to the
prevention and control of fires.
“Law enforcement explorer” means any person who is a current member of a law
enforcement agency’s explorer program and who is performing functions other than those
required to be performed by sworn law enforcement officers on behalf of a law
enforcement agency while under the direct physical supervision of a sworn officer of that
agency and wearing a uniform that bears at least one patch that clearly identifies the law
enforcement agency that he or she represents.
“Law enforcement officer” includes a law enforcement officer, a correctional officer,
a correctional probation officer, a parttime law enforcement officer, a parttime
correctional officer, an auxiliary law enforcement officer, and an auxiliary correctional
officer, as those terms are respectively defined in s. 943.10, and any county probation
officer; an employee or agent of the Department of Corrections who supervises or
provides services to inmates; an officer of the Florida Commission on Offender Review;
a federal law enforcement officer as defined in s. 901.1505; and law enforcement
personnel of the Fish and Wildlife Conservation Commission or the Department of Law
Enforcement.
“Public transit employees or agents” means bus operators, train operators, revenue
collectors, security personnel, equipment maintenance personnel, or field supervisors,
who are employees or agents of a transit agency as described in s. 812.015(1)(l).
“Railroad special officer” means a person employed by a Class I, Class II, or Class
III railroad and appointed or pending appointment by the Governor pursuant to s. 354.01.
Whenever any person is charged with knowingly committing an assault or battery upon a
law enforcement officer, a firefighter, an emergency medical care provider, a railroad special
officer, a traffic accident investigation officer as described in s. 316.640, a nonsworn law
enforcement agency employee who is certified as an agency inspector, a blood alcohol
analyst, or a breath test operator while such employee is in uniform and engaged in
processing, testing, evaluating, analyzing, or transporting a person who is detained or under
arrest for DUI, a law enforcement explorer, a traffic infraction enforcement officer as
described in s. 316.640, a parking enforcement specialist as defined in s. 316.640, a person
licensed as a security officer as defined in s. 493.6101 and wearing a uniform that bears at
least one patch or emblem that is visible at all times that clearly identifies the employing
agency and that clearly identifies the person as a licensed security officer, or a security officer
employed by the board of trustees of a community college, while the officer, firefighter,
emergency medical care provider, railroad special officer, traffic accident investigation
officer, traffic infraction enforcement officer, inspector, analyst, operator, law enforcement
explorer, parking enforcement specialist, public transit employee or agent, or security officer
is engaged in the lawful performance of his or her duties, the offense for which the person is
charged shall be reclassified as follows:
In the case of assault, from a misdemeanor of the second degree to a misdemeanor of the
first degree.
In the case of battery, from a misdemeanor of the first degree to a felony of the third
degree.
In the case of aggravated assault, from a felony of the third
degree to a felony of the second degree. Notwithstanding any other provision of law, any
person convicted of aggravated assault upon a law enforcement officer shall be sentenced
to a minimum term of imprisonment of 3 years.
In the case of aggravated battery, from a felony of the second degree to a felony of
the first degree. Notwithstanding any other provision of law, any person convicted of
aggravated battery of a law enforcement officer shall be sentenced to a minimum term of
imprisonment of 5 years.
Any person who is convicted of a battery under paragraph
(2)(b) and, during the commission of the offense, such person possessed:
A “firearm” or “destructive device” as those terms are defined in s. 790.001, shall be
sentenced to a minimum term of imprisonment of 3 years.
A semiautomatic firearm and its highcapacity detachable box magazine, as defined
in s. 775.087(3), or a machine gun as defined in s. 790.001, shall be sentenced to a
minimum term of imprisonment of 8 years.
Notwithstanding s. 948.01, adjudication of guilt or imposition of sentence shall not
be suspended, deferred, or withheld, and the defendant is not eligible for statutory gain
time under s. 944.275 or any form of discretionary early release, other than pardon or
executive clemency, or conditional medical release under s. 947.149, prior to serving the
minimum sentence.
784.071. Assault or battery on a law enforcement officer; missing while in
line of duty; blue alert.
At the request of an authorized person employed at a law enforcement agency, the
Department of Law Enforcement, in cooperation with the Department of Highway Safety
and Motor Vehicles and the Department of Transportation, shall activate the emergency
alert system and issue a blue alert if all of the following conditions are met:
1. A law enforcement officer has been killed, has suffered serious bodily injury, or
has been assaulted with a deadly weapon; or
A law enforcement officer is missing while in the line of duty under circumstances
evidencing concern for the law enforcement officer’s safety;
The suspect has fled the scene of the offense;
The law enforcement agency investigating the offense determines that the suspect
poses an imminent threat to the public or to other law enforcement officers;
A detailed description of the suspect’s vehicle, or other means of escape, or the
license plate of the suspect’s vehicle is available for broadcasting;
Dissemination of available information to the public may help avert further harm or
assist in the apprehension of the suspect; and
If the law enforcement officer is missing, there is sufficient information available
relating to the officer’s last known location and physical description, and the description
of any vehicle involved, including the license plate number or other identifying
information, to be broadcast to the public and other law
enforcement agencies, which could assist in locating the missing law enforcement officer.
(a) The blue alert shall be immediately disseminated to the public through the
emergency alert system by broadcasting the alert on television, radio, and the dynamic
message signs that are located along the state’s highways.
If a traffic emergency arises requiring that information pertaining to the traffic
emergency be displayed on a highway message sign in lieu of the blue alert information,
the agency responsible for displaying information on the highway message sign is not in
violation of this section.
784.074. Assault or battery on sexually violent predators detention or
commitment facility staff; reclassification of offenses.
Whenever a person is charged with committing an assault or aggravated assault or a
battery or aggravated battery upon a staff member of a sexually violent predators
detention or commitment facility as defined in part V of chapter 394, while the staff
member is engaged in the lawful performance of his or her duties and when the person
committing the offense knows or has reason to know the identity or employment of the
victim, the offense for which the person is charged shall be reclassified as follows:
In the case of aggravated battery, from a felony of the second degree to a felony of
the first degree.
In the case of an aggravated assault, from a felony of the third degree to a felony of
the second degree.
In the case of battery, from a misdemeanor of the first degree to a felony of the third
degree.
In the case of assault, from a misdemeanor of the second degree to a misdemeanor of
the first degree.
For purposes of this section, a staff member of the facilities listed includes persons
employed by the Department of Children and Families, persons employed at facilities
licensed by the Department of Children and Families, and persons employed at facilities
operated under a contract with the Department of Children and Families.
784.075. Battery on detention or commitment facility staff or a juvenile
probation officer.
A person who commits a battery on a juvenile probation officer, as defined in s.
984.03 or s. 985.03, on other staff of a detention center or facility as defined in s.
984.03(19) or s. 985.03, or on a staff member of a commitment facility as defined in s.
985.03, commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. For purposes of this section, a staff member of the facilities listed
includes persons employed by the Department of Juvenile Justice, persons employed at
facilities licensed by the Department of Juvenile Justice, and persons employed at
facilities operated under a contract with the Department of Juvenile Justice.
784.076. Battery on health services personnel.
A juvenile who has been committed to or detained by the Department of Juvenile
Justice pursuant to a court order, who
commits battery upon a person who provides health services commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in
this section, the term “health services” means preventive, diagnostic, curative, or
rehabilitative services and includes alcohol treatment, drug abuse treatment, and mental
health services.
784.078. Battery of facility employee by throwing, tossing, or expelling
certain fluids or materials.
As used in this section, the term “facility” means a state correctional institution
defined in s. 944.02(8); a private correctional facility defined in s. 944.710 or under
chapter 957; a county, municipal, or regional jail or other detention facility of local
government under chapter 950 or chapter 951; or a secure facility operated and
maintained by the Department of Corrections or the Department of Juvenile Justice.
(a) As used in this section, the term “employee” includes any person employed by or
performing contractual services for a public or private entity operating a facility or any
person employed by or performing contractual services for the corporation operating the
prison industry enhancement programs or the correctional work programs, pursuant to
part II of chapter 946.
“Employee” includes any person who is a parole examiner with the Florida
Commission on Offender Review.
(a) It is unlawful for any person, while being detained in a facility and with intent to
harass, annoy, threaten, or alarm a person in a facility whom he or she knows or
reasonably should
know to be an employee of such facility, to cause or attempt to cause such employee to
come into contact with blood, masticated food, regurgitated food, saliva, seminal fluid, or
urine or feces, whether by throwing, tossing, or expelling such fluid or material.
Any person who violates paragraph (a) commits battery of a facility employee, a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
784.08. Assault or battery on persons 65 years of age or older;
reclassification of offenses; minimum sentence.
A person who is convicted of an aggravated assault or aggravated battery upon a
person 65 years of age or older shall be sentenced to a minimum term of imprisonment of
3 years and fined not more than $10,000 and shall also be ordered by the sentencing
judge to make restitution to the victim of such offense and to perform up to 500 hours of
community service work. Restitution and community service work shall be in addition to
any fine or sentence which may be imposed and shall not be in lieu thereof.
Whenever a person is charged with committing an assault or aggravated assault or a
battery or aggravated battery upon a person 65 years of age or older, regardless of
whether he or she knows or has reason to know the age of the victim, the offense for
which the person is charged shall be reclassified as follows:
In the case of aggravated battery, from a felony of the second degree to a felony of
the first degree.
In the case of aggravated assault, from a felony of the third degree to a felony of the
second degree.
In the case of battery, from a misdemeanor of the first degree to a felony of the third
degree.
In the case of assault, from a misdemeanor of the second degree to a misdemeanor of
the first degree.
Notwithstanding the provisions of s. 948.01, adjudication of guilt or imposition of
sentence shall not be suspended, deferred, or withheld.
784.081. Assault or battery on specified officials or employees;
reclassification of offenses.
For purposes of this section, the term “sports official” means any person who serves
as a referee, an umpire, or a linesman, and any person who serves in a similar capacity as
a sports official who may be known by another title, which sports official is duly
registered by or is a member of a local, state, regional, or national organization that is
engaged in part in providing education and training to sports officials.
Whenever a person is charged with committing an assault or aggravated assault or a
battery or aggravated battery upon any elected official or employee of: a school district; a
private school; the Florida School for the Deaf and the Blind; a university lab school; a
state university or any other entity of the state system of public education, as defined in s.
1000.04; a sports official; an employee or protective investigator of the Department of
Children and Families; an employee of a lead communitybased provider and its direct
service contract providers; or an employee of the Department of Health or its direct
service contract providers, when the person committing the offense knows or has reason
to
know the identity or position or employment of the victim, the offense for which the
person is charged shall be reclassified as follows:
In the case of aggravated battery, from a felony of the second degree to a felony of
the first degree.
In the case of aggravated assault, from a felony of the third degree to a felony of the
second degree.
In the case of battery, from a misdemeanor of the first degree to a felony of the third
degree.
In the case of assault, from a misdemeanor of the second degree to a misdemeanor of
the first degree.
An assault, aggravated assault, battery, or aggravated battery upon a sports official
shall be reclassified pursuant to subsection (2) only if such offense is committed upon the
sports official when he or she is actively participating as a sports official in an athletic
contest or immediately following such athletic contest.
784.082. Assault or battery by a person who is being detained in a
prison, jail, or other detention facility upon visitor or other detainee;
reclassification of offenses.
Whenever a person who is being detained in a prison, jail, or other detention facility
is charged with committing an assault or aggravated assault or a battery or aggravated
battery upon any visitor to the detention facility or upon any other detainee in the
detention facility, the offense for which the person is charged shall be reclassified as
follows:
In the case of aggravated battery, from a felony of the second degree to a felony of
the first degree.
In the case of aggravated assault, from a felony of the third degree to a felony of the
second degree.
In the case of battery, from a misdemeanor of the first degree to a felony of the third
degree.
In the case of assault, from a misdemeanor of the second degree to a misdemeanor of
the first degree.
784.085. Battery of child by throwing, tossing, projecting, or expelling
certain fluids or materials.
It is unlawful for any person, except a child as defined in this section, to knowingly
cause or attempt to cause a child to come into contact with blood, seminal fluid, or urine
or feces by throwing, tossing, projecting, or expelling such fluid or material.
Any person, except a child as defined in this section, who violates this section
commits battery of a child, a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
As used in this section, the term “child” means a person under 18 years of age.
CHAPTER 787
KIDNAPPING; FALSE IMPRISONMENT; LURING OR
ENTICING A CHILD; CUSTODY OFFENSES
787.01. Kidnapping; kidnapping of child under age 13, aggravating
circumstances.
(a) The term “kidnapping” means forcibly, secretly, or by threat confining,
abducting, or imprisoning another person against her or his will and without lawful
authority, with intent to:
Hold for ransom or reward or as a shield or hostage.
Commit or facilitate commission of any felony.
Inflict bodily harm upon or to terrorize the victim or another person.
Interfere with the performance of any governmental or political function.
Confinement of a child under the age of 13 is against her or his will within the
meaning of this subsection if such confinement is without the consent of her or his parent
or legal guardian.
A person who kidnaps a person is guilty of a felony of the first degree, punishable by
imprisonment for a term of years not exceeding life or as provided in s. 775.082, s.
775.083, or s. 775.084.
(a) A person who commits the offense of kidnapping upon a child under the age of 13
and who, in the course of committing the offense, commits one or more of the following:
Aggravated child abuse, as defined in s. 827.03;
Sexual battery, as defined in chapter 794, against the child;
commits a life felony, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Pursuant to s. 775.021(4), nothing contained herein shall be construed to prohibit the
imposition of separate judgments and sentences for the life felony described in paragraph
(a) and for each separate offense enumerated in subparagraphs (a)1.5.
787.02. False imprisonment; false imprisonment of child under age 13,
aggravating circumstances.
(a) The term “false imprisonment” means forcibly, by threat, or secretly confining,
abducting, imprisoning, or restraining another person without lawful authority and
against her or his will.
Confinement of a child under the age of 13 is against her or his will within the
meaning of this section if such confinement is without the consent of her or his parent or
legal guardian.
A person who commits the offense of false imprisonment is
guilty of a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
(a) A person who commits the offense of false imprisonment upon a child under the
age of 13 and who, in the course of committing the offense, commits any offense
enumerated in subparagraphs 1.5., commits a felony of the first degree, punishable by
imprisonment for a term of years not exceeding life or as provided in s. 775.082, s.
775.083, or s. 775.084.
Aggravated child abuse, as defined in s. 827.03;
Sexual battery, as defined in chapter 794, against the child;
Pursuant to s. 775.021(4), nothing contained herein shall be construed to prohibit the
imposition of separate judgments and sentences for the first degree offense described in
paragraph (a) and for each separate offense enumerated in subparagraphs (a)1.5.
787.025. Luring or enticing a child.
(1) As used in this section, the term:
“Structure” means a building of any kind, either temporary or permanent, which has
a roof over it, together with the curtilage thereof.
“Dwelling” means a building or conveyance of any kind, either temporary or
permanent, mobile or immobile, which has a roof over it and is designed to be occupied
by people lodging together therein at night, together with the curtilage thereof.
“Conveyance” means any motor vehicle, ship, vessel, railroad car, trailer, aircraft, or
sleeping car.
“Convicted” means a determination of guilt which is the result of a trial or the entry
of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld.
(a) A person 18 years of age or older who intentionally lures or entices, or attempts to
lure or entice, a child under the age of 12 into a structure, dwelling, or conveyance for
other than a lawful purpose commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
A person 18 years of age or older who, having been previously convicted of a
violation of paragraph (a), intentionally lures or entices, or attempts to lure or entice, a
child under the age of 12 into a structure, dwelling, or conveyance for other than a lawful
purpose commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
A person 18 years of age or older who, having been previously convicted of a
violation of chapter 794, s. 800.04, or s. 847.0135(5), or a violation of a similar law of
another
jurisdiction, intentionally lures or entices, or attempts to lure or entice, a child under the
age of 12 into a structure, dwelling, or conveyance for other than a lawful purpose
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
It is an affirmative defense to a prosecution under this section that:
The person reasonably believed that his or her action was necessary to prevent the
child from being seriously injured.
The person lured or enticed, or attempted to lure or entice, the child under the age of
12 into a structure, dwelling, or conveyance for a lawful purpose.
The person’s actions were reasonable under the circumstances and the defendant did
not have any intent to harm the health, safety, or welfare of the child.
787.03. Interference with custody.
Whoever, without lawful authority, knowingly or recklessly takes or entices, or aids,
abets, hires, or otherwise procures another to take or entice, any minor or any
incompetent person from the custody of the minor’s or incompetent person’s parent, his
or her guardian, a public agency having the lawful charge of the minor or incompetent
person, or any other lawful custodian commits the offense of interference with custody
and commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
In the absence of a court order determining rights to custody
or visitation with any minor or with any incompetent person, any parent of the minor or
incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of
the minor or incompetent person who has custody thereof and who takes, detains,
conceals, or entices away that minor or incompetent person within or without the state
with malicious intent to deprive another person of his or her right to custody of the minor
or incompetent person commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A subsequently obtained court order for custody or visitation does not affect
application of this section.
It is a defense that:
The defendant had reasonable cause to believe that his or her action was necessary to
preserve the minor or the incompetent person from danger to his or her welfare.
The defendant was the victim of an act of domestic violence or had reasonable cause
to believe that he or she was about to become the victim of an act of domestic violence as
defined in s. 741.28, and the defendant had reasonable cause to believe that the action
was necessary in order for the defendant to escape from, or protect himself or herself
from, the domestic violence or to preserve the minor or incompetent person from
exposure to the domestic violence.
The minor or incompetent person was taken away at his or her own instigation
without enticement and without purpose to commit a criminal offense with or against the
minor or incompetent person, and the defendant establishes that it was reasonable to rely
on the instigating acts of the minor or
incompetent person.
Proof that a person has not attained the age of 18 years creates the presumption that
the defendant knew the minor’s age or acted in reckless disregard thereof.
(a) The offenses prescribed in subsections (1) and (2) do not apply in cases in which
a person having a legal right to custody of a minor or incompetent person is the victim of
any act of domestic violence, has reasonable cause to believe he or she is about to
become the victim of any act of domestic violence, as defined in s. 741.28, or believes
that his or her action was necessary to preserve the minor or the incompetent person from
danger to his or her welfare and seeks shelter from such acts or possible acts and takes
with him or her the minor or incompetent person.
In order to gain the exception conferred by paragraph (a), a person who takes a minor
or incompetent person under this subsection must:
Within 10 days after taking the minor or incompetent person, make a report to the
sheriff’s office or state attorney’s office for the county in which the minor or incompetent
person resided at the time he or she was taken, which report must include the name of the
person taking the minor or incompetent person, the current address and telephone number
of the person and minor or incompetent person, and the reasons the minor or incompetent
person was taken.
Within a reasonable time after taking a minor, commence a custody proceeding that
is consistent with the federal Parental Kidnapping Prevention Act, 28 U.S.C. s. 1738A, or
the Uniform Child Custody Jurisdiction and Enforcement Act, ss. 61.501
61.542.
Inform the sheriff’s office or state attorney’s office for the county in which the minor
or incompetent person resided at the time he or she was taken of any change of address or
telephone number of the person and the minor or incompetent person.
1. The current address and telephone number of the person and the minor or
incompetent person which are contained in the report made to a sheriff or state attorney
under paragraph (b) are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of
the State Constitution.
A sheriff or state attorney may allow an agency, as defined in s. 119.011, to inspect
and copy records made confidential and exempt under this paragraph in the furtherance
of that agency’s duties and responsibilities.
787.04. Removing minors from state or concealing minors contrary to state
agency order or court order.
It is unlawful for any person, in violation of a court order, to lead, take, entice, or
remove a minor beyond the limits of this state, or to conceal the location of a minor, with
personal knowledge of the order.
It is unlawful for any person, with criminal intent, to lead, take, entice, or remove a
minor beyond the limits of this state, or to conceal the location of a minor, during the
pendency of any action or proceeding affecting custody of the minor, after having
received notice as required by law of the pendency of the action or proceeding, without
the permission of the court in which the action or proceeding is pending.
It is unlawful for any person to knowingly and willfully lead, take, entice, or remove
a minor beyond the limits of this state, or to knowingly and willfully conceal the location
of a minor, during the pendency of a dependency proceeding affecting such minor or
during the pendency of any investigation, action, or proceeding concerning the alleged
abuse or neglect of such minor, after having received actual or constructive notice of the
pendency of such investigation, action, or proceeding and without the permission of the
state agency or court in which the investigation, action, or proceeding is pending.
It is unlawful for any person, who has carried beyond the limits of this state any
minor whose custody is involved in any action or proceeding pending in this state
pursuant to the order of the court in which the action or proceeding is pending or pursuant
to the permission of the court, thereafter, to fail to produce the minor in the court or
deliver the minor to the person designated by the court.
It is a defense under this section that a person who leads, takes, entices, or removes a
minor beyond the limits of the state reasonably believes that his or her action was
necessary to protect the minor from child abuse as defined in s. 827.03.
Any person who violates this section is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
787.06. Human trafficking.
(a) The Legislature finds that human trafficking is a form of modernday slavery.
Victims of human trafficking are young
children, teenagers, and adults. Thousands of victims are trafficked annually across
international borders worldwide. Many of these victims are trafficked into this state.
Victims of human trafficking also include citizens of the United States and those persons
trafficked domestically within the borders of the United States. The Legislature finds that
victims of human trafficking are subjected to force, fraud, or coercion for the purpose of
sexual exploitation or forced labor.
The Legislature finds that while many victims of human trafficking are forced to
work in prostitution or the sexual entertainment industry, trafficking also occurs in forms
of labor exploitation, such as domestic servitude, restaurant work, janitorial work,
sweatshop factory work, and migrant agricultural work.
The Legislature finds that traffickers use various techniques to instill fear in victims
and to keep them enslaved. Some traffickers keep their victims under lock and key.
However, the most frequently used practices are less obvious techniques that include
isolating victims from the public and family members; confiscating passports, visas, or
other identification documents; using or threatening to use violence toward victims or
their families; telling victims that they will be imprisoned or deported for immigration
violations if they contact authorities; and controlling the victims’ funds by holding the
money ostensibly for safekeeping.
It is the intent of the Legislature that the perpetrators of human trafficking be
penalized for their illegal conduct and that the victims of trafficking be protected and
assisted by this state and its agencies. In furtherance of this policy, it is the intent of the
Legislature that the state Supreme Court, The Florida Bar, and relevant state agencies
prepare and implement training programs in order that judges, attorneys, law enforcement
personnel, investigators, and others are able to identify traffickers and victims of human
trafficking and direct victims to appropriate agencies for assistance. It is the intent of the
Legislature that the Department of Children and Families and other state agencies
cooperate with other state and federal agencies to ensure that victims of human
trafficking can access social services and benefits to alleviate their plight.
As used in this section, the term:
(a) “Coercion” means:
Using or threatening to use physical force against any person;
Restraining, isolating, or confining or threatening to restrain, isolate, or confine any
person without lawful authority and against her or his will;
Using lending or other credit methods to establish a debt by any person when labor or
services are pledged as a security for the debt, if the value of the labor or services as
reasonably assessed is not applied toward the liquidation of the debt, the length and
nature of the labor or services are not respectively limited and defined;
Destroying, concealing, removing, confiscating, withholding, or possessing any
actual or purported passport, visa, or other immigration document, or any other actual or
purported government identification document, of any person;
Causing or threatening to cause financial harm to any person;
Enticing or luring any person by fraud or deceit; or
Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03
to any person for the purpose of exploitation of that person.
“Commercial sexual activity” means any violation of chapter 796 or an attempt to
commit any such offense, and includes sexually explicit performances and the production
of pornography.
“Financial harm” includes extortionate extension of credit, loan sharking as defined
in s. 687.071, or employment contracts that violate the statute of frauds as provided in s.
725.01.
“Human trafficking” means transporting, soliciting, recruiting, harboring, providing,
enticing, maintaining, or obtaining another person for the purpose of exploitation of that
person.
“Labor” means work of economic or financial value.
“Sexually explicit performance” means an act or show, whether public or private,
that is live, photographed, recorded, or videotaped and intended to arouse or satisfy the
sexual desires or appeal to the prurient interest.
“Unauthorized alien” means an alien who is not authorized under federal law to be
employed in the United States, as provided in 8 U.S.C. s. 1324a(h)(3). The term shall be
interpreted consistently with that section and any applicable federal rules or regulations.
“Venture” means any group of two or more individuals associated in fact, whether or
not a legal entity.
Any person who knowingly, or in reckless disregard of the facts, engages in human
trafficking, or attempts to engage in human trafficking, or benefits financially by
receiving anything of value from participation in a venture that has subjected a person to
human trafficking:
1. For labor or services of any child under the age of 18 commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Using coercion for labor or services of an adult commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Using coercion for commercial sexual activity of an adult commits a felony of the
first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1. For labor or services of any child under the age of 18 who is an unauthorized alien
commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
Using coercion for labor or services of an adult who is an unauthorized alien commits a
felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Using coercion for commercial sexual activity of an adult who is an unauthorized alien
commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
1. For labor or services who does so by the transfer or transport of any child under the
age of 18 from outside this state to within the state commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Using coercion for labor or services who does so by the transfer or transport of an adult
from outside this state to within the state commits a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
1. For commercial sexual activity who does so by the transfer or transport of any child
under the age of 18 from outside this state to within the state commits a felony of the first
degree, punishable by imprisonment for a term of years not exceeding life, or as provided in
s. 775.082, s. 775.083, or s. 775.084.
Using coercion for commercial sexual activity who does so by the transfer or transport of
an adult from outside this state to within the state commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
For commercial sexual activity in which any child under the
age of 18, or in which any person who is mentally defective or mentally incapacitated as
those terms are defined in s. 794.011(1), is involved commits a life felony, punishable as
provided in s. 775.082(3)(a)6., s. 775.083, or s. 775.084.
For each instance of human trafficking of any individual under this subsection, a
separate crime is committed and a separate punishment is authorized.
(a) Any parent, legal guardian, or other person having custody or control of a minor
who sells or otherwise transfers custody or control of such minor, or offers to sell or
otherwise transfer custody of such minor, with knowledge or in reckless disregard of the
fact that, as a consequence of the sale or transfer, the minor will be subject to human
trafficking commits a life felony, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
Any person who, for the purpose of committing or facilitating an offense under this
section, permanently brands, or directs to be branded, a victim of an offense under this
section commits a second degree felony, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084. For purposes of this subsection, the term “permanently branded” means a
mark on the individual’s body that, if it can be removed or repaired at all, can only be
removed or repaired by surgical means, laser treatment, or other medical procedure.
(5)(6) [Intentionally omitted.]
Any real property or personal property that was used, attempted to be used, or
intended to be used in violation of any provision of this section may be seized and shall
be forfeited
subject to the provisions of the Florida Contraband Forfeiture Act.
The degree of an offense shall be reclassified as follows if a person causes great
bodily harm, permanent disability, or permanent disfigurement to another person during
the commission of an offense under this section:
A felony of the second degree shall be reclassified as a felony of the first degree.
A felony of the first degree shall be reclassified as a life felony.
In a prosecution under this section, the defendant’s ignorance of the victim’s age, the
victim’s misrepresentation of his or her age, or the defendant’s bona fide belief of the
victim’s age cannot be raised as a defense.
(a) Information about the location of a residential facility offering services for adult
victims of human trafficking involving commercial sexual activity, which is held by an
agency, as defined in s. 119.011, is confidential and exempt from s. 119.07(1) and s.
24(a), Art. I of the State Constitution. This exemption applies to such confidential and
exempt information held by an agency before, on, or after the effective date of the
exemption.
Information about the location of a residential facility offering services for adult
victims of human trafficking involving commercial sexual activity may be provided to an
agency, as defined in s. 119.011, as necessary to maintain health and safety standards and
to address emergency situations in the residential facility.
The exemptions from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
provided in this subsection do not apply to facilities licensed by the Agency for Health
Care Administration.
This subsection is subject to the Open Government Sunset Review Act in accordance
with s. 119.15 and shall stand repealed on October 2, 2020, unless reviewed and saved
from repeal through reenactment by the Legislature.
A victim’s lack of chastity or the willingness or consent of a victim is not a defense
to prosecution under this section if the victim was under 18 years of age at the time of the
offense.
787.07. Human smuggling.
A person who transports into this state an individual who the person knows, or
should know, is illegally entering the United States from another country commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person commits a separate offense for each individual he or she transports into this
state in violation of this section.
787.29. Human trafficking public awareness signs.
The Department of Transportation shall display a public awareness sign developed
under subsection (4) in every rest area, turnpike service plaza, weigh station, primary
airport, passenger rail station, and welcome center in the state which is open to the public.
Emergency rooms shall display a public awareness sign developed under subsection
(4) in the emergency rooms at general
acute care hospitals.
790.001. Definitions.
As used in this chapter, except where the context otherwise requires:
“Antique firearm” means any firearm manufactured in or before 1918 (including any
matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica
thereof, whether actually manufactured before or after the year 1918, and also any
firearm using fixed ammunition manufactured in or before 1918, for which ammunition
is no longer manufactured in the United States and is not readily available in the ordinary
channels of commercial trade.
“Concealed firearm” means any firearm, as defined in subsection (6), which is
carried on or about a person in such a manner as to conceal the firearm from the ordinary
sight of another person.
(a) “Concealed weapon” means any dirk, metallic knuckles, billie, tear gas gun,
chemical weapon or device, or other deadly weapon carried on or about a person in such
a manner as to conceal the weapon from the ordinary sight of another person.
“Tear gas gun” or “chemical weapon or device” means any weapon of such nature,
except a device known as a “selfdefense chemical spray.” “Selfdefense chemical spray”
means a device carried solely for purposes of lawful selfdefense that is compact in size,
designed to be carried on or about the person, and contains not more than two ounces of
chemical.
“Destructive device” means any bomb, grenade, mine, rocket, missile, pipebomb, or
similar device containing an explosive, incendiary, or poison gas and includes any frangible
container filled with an explosive, incendiary, explosive gas, or expanding gas, which is
designed or so constructed as to explode by such filler and is capable of causing bodily harm
or property damage; any combination of parts either designed or intended for use in
converting any device into a destructive device and from which a destructive device may be
readily assembled; any device declared a destructive device by the Bureau of Alcohol,
Tobacco, and Firearms; any type of weapon which will, is designed to, or may readily be
converted to expel a projectile by the action of any explosive and which has a barrel with a
bore of onehalf inch or more in diameter; and ammunition for such destructive devices, but
not including shotgun shells or any other ammunition designed for use in a firearm other than
a destructive device. “Destructive device” does not include:
A device which is not designed, redesigned, used, or intended for use as a weapon;
Any device, although originally designed as a weapon, which is redesigned so that it may
be used solely as a signaling, linethrowing, safety, or similar device;
Any shotgun other than a shortbarreled shotgun; or
Any nonautomatic generally recognized or hunting of big game.
rifle (other than a shortbarreled rifle) particularly suitable for use for the
“Explosive” means any chemical compound or mixture that has the property of yielding
readily to combustion or oxidation
upon application of heat, flame, or shock, including but not limited to dynamite,
nitroglycerin, trinitrotoluene, or ammonium nitrate when combined with other ingredients
to form an explosive mixture, blasting caps, and detonators; but not including:
Shotgun shells, cartridges, or ammunition for firearms;
Fireworks as defined in s. 791.01;
(8) “Law enforcement officer” means:
All officers or employees of the United States or the State of Florida, or any agency,
commission, department, board, division, municipality, or subdivision thereof, who have
authority to make arrests;
Officers or employees of the United States or the State of Florida, or any agency,
commission, department, board, division, municipality, or subdivision thereof, duly
authorized to carry a concealed weapon;
Members of the Armed Forces of the United States, the organized reserves, state
militia, or Florida National Guard, when on duty, when preparing themselves for, or
going to or from, military duty, or under orders;
An employee of the state prisons or correctional systems who has been so designated
by the Department of Corrections or by a warden of an institution;
All peace officers;
All state attorneys and United States attorneys and their respective assistants and
investigators.
“Machine gun” means any firearm, as defined herein, which shoots, or is designed to
shoot, automatically more than one shot, without manually reloading, by a single function
of the trigger.
“Shortbarreled shotgun” means a shotgun having one or more barrels less than 18
inches in length and any weapon made from a shotgun (whether by alteration,
modification, or otherwise)
if such weapon as modified has an overall length of less than 26 inches.
“Shortbarreled rifle” means a rifle having one or more barrels less than 16 inches in
length and any weapon made from a rifle (whether by alteration, modification, or
otherwise) if such weapon as modified has an overall length of less than 26 inches.
“Slungshot” means a small mass of metal, stone, sand, or similar material fixed on a
flexible handle, strap, or the like, used as a weapon.
“Weapon” means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun,
chemical weapon or device, or other deadly weapon except a firearm or a common
pocketknife, plastic knife, or bluntbladed table knife.
“Electric weapon or device” means any device which, through the application or use
of electrical current, is designed, redesigned, used, or intended to be used for offensive or
defensive purposes, the destruction of life, or the infliction of injury.
“Dartfiring stun gun” means any device having one or more darts that are capable of
delivering an electrical current.
“Readily accessible for immediate use” means that a firearm or other weapon is
carried on the person or within such close proximity and in such a manner that it can be
retrieved and used as easily and quickly as if carried on the person.
“Securely encased” means in a glove compartment, whether or not locked; snapped
in a holster; in a gun case, whether or not locked; in a zippered gun case; or in a closed
box or container which requires a lid or cover to be opened for access.
“Sterile area” means the area of an airport to which access is controlled by the
inspection of persons and property in accordance with federally approved airport security
programs.
“Ammunition” means an object consisting of all of the following:
A fixed metallic or nonmetallic hull or casing containing a primer.
One or more projectiles, one or more bullets, or shot.
Gunpowder.
All of the specified components must be present for an object to be ammunition.
790.01. Unlicensed carrying of concealed weapons or concealed
firearms.
Except as provided in subsection (3), a person who is not licensed under s. 790.06
and who carries a concealed weapon or electric weapon or device on or about his or her
person commits a misdemeanor of the first degree, punishable as provided in s. 775.082
or s. 775.083.
Except as provided in subsection (3), a person who is not licensed under s. 790.06
and who carries a concealed firearm on or about his or her person commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
This section does not apply to:
A person who carries a concealed weapon, or a person who may lawfully possess a
firearm and who carries a concealed
firearm, on or about his or her person while in the act of evacuating during a mandatory
evacuation order issued during a state of emergency declared by the Governor pursuant to
chapter 252 or declared by a local authority pursuant to chapter 870. As used in this
subsection, the term “in the act of evacuating” means the immediate and urgent
movement of a person away from the evacuation zone within 48 hours after a mandatory
evacuation is ordered. The 48 hours may be extended by an order issued by the Governor.
A person who carries for purposes of lawful selfdefense, in a concealed manner:
A selfdefense chemical spray.
A nonlethal stun gun or dartfiring stun gun or other nonlethal electric weapon or
device that is designed solely for defensive purposes.
This section does not preclude any prosecution for the use of an electric weapon or
device, a dartfiring stun gun, or a selfdefense chemical spray during the commission of
any criminal offense under s. 790.07, s. 790.10, s. 790.23, or s. 790.235, or for any other
criminal offense.
790.015. Nonresidents who are United States citizens and hold a concealed
weapons license in another state; reciprocity.
Notwithstanding s. 790.01, a nonresident of Florida may carry a concealed weapon or
concealed firearm while in this state if the nonresident:
(a) Is 21 years of age or older.
Has in his or her immediate possession a valid license to carry a concealed weapon
or concealed firearm issued to the nonresident in his or her state of residence.
Is a resident of the United States.
A nonresident is subject to the same laws and restrictions with respect to carrying a
concealed weapon or concealed firearm as a resident of Florida who is so licensed.
If the resident of another state who is the holder of a valid license to carry a
concealed weapon or concealed firearm issued in another state establishes legal residence
in this state by:
Registering to vote;
Making a statement of domicile pursuant to s. 222.17; or
Filing for homestead tax exemption on property in this state,
the license shall remain in effect for 90 days following the date on which the holder
of the license establishes legal state residence.
This section applies only to nonresident concealed weapon or concealed firearm
licenseholders from states that honor Florida concealed weapon or concealed firearm
licenses.
The requirement of paragraph (1)(a) does not apply to a person who:
Is a servicemember, as defined in s. 250.01; or
Is a veteran of the United States Armed Forces who was discharged under honorable
conditions.
790.02. Officer to arrest without warrant and upon probable
cause.
The carrying of a concealed weapon is declared a breach of peace, and any officer
authorized to make arrests under the laws of this state may make arrests without warrant
of persons violating the provisions of s. 790.01 when said officer has reasonable grounds
or probable cause to believe that the offense of carrying a concealed weapon is being
committed.
790.051. Exemption from licensing requirements; law enforcement
officers.
Law enforcement officers are exempt from the licensing and penal provisions of this
chapter when acting at any time within the scope or course of their official duties or when
acting at any time in the line of or performance of duty.
790.052. Carrying concealed firearms; offduty law enforcement
officers.
All persons holding active certifications from the Criminal Justice Standards and
Training Commission as law enforcement officers or correctional officers as defined in s.
943.10(1), (2), (6),
(7), (8), or (9) shall have the right to carry, on or about their persons, concealed firearms,
during offduty hours, at the discretion of their superior officers, and may perform those
law enforcement functions that they normally perform during duty hours, utilizing their
weapons in a manner which is reasonably expected of onduty officers in similar
situations. However, nothing in this subsection shall be construed to limit the right of a
law enforcement officer, correctional officer, or correctional
probation officer to carry a concealed firearm off duty as a private citizen under the
exemption provided in s. 790.06 that allows a law enforcement officer, correctional
officer, or correctional probation officer as defined in s. 943.10(1), (2), (3), (6), (7), (8),
or (9) to carry a concealed firearm without a concealed weapon or firearm license. The
appointing or employing agency or department of an officer carrying a concealed firearm
as a private citizen under s. 790.06 shall not be liable for the use of the firearm in such
capacity. Nothing herein limits the authority of the appointing or employing agency or
department from establishing policies limiting law enforcement officers or correctional
officers from carrying concealed firearms during offduty hours in their capacity as
appointees or employees of the agency or department.
The superior officer of any police department or sheriff’s office or the Florida
Highway Patrol, if he or she elects to direct the officers under his or her supervision to
carry concealed firearms while off duty, shall file a statement with the governing body of
such department of his or her instructions and requirements relating to the carrying of
said firearms.
790.053. Open carrying of weapons.
Except as otherwise provided by law and in subsection (2), it is unlawful for any
person to openly carry on or about his or her person any firearm or electric weapon or
device. It is not a violation of this section for a person licensed to carry a concealed
firearm as provided in s. 790.06(1), and who is lawfully carrying a firearm in a concealed
manner, to briefly and openly display the firearm to the ordinary sight of another person,
unless the firearm is intentionally displayed in an angry or threatening manner, not
in necessary selfdefense.
A person may openly carry, for purposes of lawful selfdefense:
A selfdefense chemical spray.
A nonlethal stun gun or dartfiring stun gun or other nonlethal electric weapon or
device that is designed solely for defensive purposes.
Any person violating this section commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
790.054. Prohibited use of selfdefense weapon or device against law
enforcement officer; penalties.
A person who knowingly and willfully uses a selfdefense chemical spray, a
nonlethal stun gun or other nonlethal electric weapon or device, or a dartfiring stun gun
against a law enforcement officer engaged in the performance of his or her duties
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
790.06. License to carry concealed weapon or firearm.
The Department of Agriculture and Consumer Services is authorized to issue licenses
to carry concealed weapons or concealed firearms to persons qualified as provided in this
section. Each such license must bear a color photograph of the licensee. For the purposes
of this section, concealed weapons or concealed firearms are defined as a handgun,
electronic weapon
or device, tear gas gun, knife, or billie, but the term does not include a machine gun as
defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of
7 years from the date of issuance. Any person in compliance with the terms of such
license may carry a concealed weapon or concealed firearm notwithstanding the
provisions of s. 790.01. The licensee must carry the license, together with valid
identification, at all times in which the licensee is in actual possession of a concealed
weapon or firearm and must display both the license and proper identification upon
demand by a law enforcement officer. Violations of the provisions of this subsection shall
constitute a noncriminal violation with a penalty of $25, payable to the clerk of the court.
The Department of Agriculture and Consumer Services shall issue a license if the
applicant:
Is a resident of the United States and a citizen of the United States or a permanent
resident alien of the United States, as determined by the United States Bureau of
Citizenship and Immigration Services, or is a consular security official of a foreign
government that maintains diplomatic relations and treaties of commerce, friendship, and
navigation with the United States and is certified as such by the foreign government and
by the appropriate embassy in this country;
Is 21 years of age or older;
Does not suffer from a physical infirmity which prevents the safe handling of a
weapon or firearm;
Is not ineligible to possess a firearm pursuant to s. 790.23 by virtue of having been
convicted of a felony;
Has not been committed for the abuse of a controlled substance or been found guilty
of a crime under the provisions of chapter 893 or similar laws of any other state relating
to controlled substances within a 3year period immediately preceding the date on which
the application is submitted;
Does not chronically and habitually use alcoholic beverages or other substances to
the extent that his or her normal faculties are impaired. It shall be presumed that an
applicant chronically and habitually uses alcoholic beverages or other substances to the
extent that his or her normal faculties are impaired if the applicant has been committed
under chapter 397 or under the provisions of former chapter 396 or has been convicted
under s. 790.151 or has been deemed a habitual offender under s. 856.011(3), or has had
two or more convictions under s. 316.193 or similar laws of any other state, within the 3
year period immediately preceding the date on which the application is submitted;
Desires a legal means to carry a concealed weapon or firearm for lawful selfdefense;
Demonstrates competence with a firearm by any one of the following:
Completion of any hunter education or hunter safety course approved by the Fish and
Wildlife Conservation Commission or a similar agency of another state;
Completion of any National Rifle Association firearms safety or training course;
Completion of any firearms safety or training course or class available to the general
public offered by a law enforcement
agency, junior college, college, or private or public institution or organization or firearms
training school, using instructors certified by the National Rifle Association, Criminal
Justice Standards and Training Commission, or the Department of Agriculture and
Consumer Services;
Completion of any law enforcement firearms safety or training course or class
offered for security guards, investigators, special deputies, or any division or subdivision
of a law enforcement agency or security enforcement;
Presents evidence of equivalent experience with a firearm through participation in
organized shooting competition or military service;
Is licensed or has been licensed to carry a firearm in this state or a county or
municipality of this state, unless such license has been revoked for cause; or
Completion of any firearms training or safety course or class conducted by a state
certified or National Rifle Association certified firearms instructor;
A photocopy of a certificate of completion of any of the courses or classes; an
affidavit from the instructor, school, club, organization, or group that conducted or taught
such course or class attesting to the completion of the course or class by the applicant; or
a copy of any document that shows completion of the course or class or evidences
participation in firearms competition shall constitute evidence of qualification under this
paragraph. A person who conducts a course pursuant to subparagraph 2., subparagraph 3.,
or subparagraph 7., or who, as an instructor, attests to the completion of such courses,
must
maintain records certifying that he or she observed the student safely handle and
discharge the firearm in his or her physical presence and that the discharge of the firearm
included live fire using a firearm and ammunition as defined in s. 790.001;
Has not been adjudicated an incapacitated person under s. 744.331, or similar laws of
any other state, unless 5 years have elapsed since the applicant’s restoration to capacity
by court order;
Has not been committed to a mental institution under chapter 394, or similar laws of
any other state, unless the applicant produces a certificate from a licensed psychiatrist
that he or she has not suffered from disability for at least 5 years before the date of
submission of the application;
Has not had adjudication of guilt withheld or imposition of sentence suspended on
any felony unless 3 years have elapsed since probation or any other conditions set by the
court have been fulfilled, or expunction has occurred;
Has not had adjudication of guilt withheld or imposition of sentence suspended on
any misdemeanor crime of domestic violence unless 3 years have elapsed since probation
or any other conditions set by the court have been fulfilled, or the record has been
expunged;
Has not been issued an injunction that is currently in force and effect and that
restrains the applicant from committing acts of domestic violence or acts of repeat
violence; and
Is not prohibited from purchasing or possessing a firearm by any other provision of
Florida or federal law.
The Department of Agriculture and Consumer Services shall deny a license if the
applicant has been found guilty of, had adjudication of guilt withheld for, or had
imposition of sentence suspended for one or more crimes of violence constituting a
misdemeanor, unless 3 years have elapsed since probation or any other conditions set by
the court have been fulfilled or the record has been sealed or expunged. The Department
of Agriculture and Consumer Services shall revoke a license if the licensee has been
found guilty of, had adjudication of guilt withheld for, or had imposition of sentence
suspended for one or more crimes of violence within the preceding 3 years. The
department shall, upon notification by a law enforcement agency, a court, or the Florida
Department of Law Enforcement and subsequent written verification, suspend a license
or the processing of an application for a license if the licensee or applicant is arrested or
formally charged with a crime that would disqualify such person from having a license
under this section, until final disposition of the case. The department shall suspend a
license or the processing of an application for a license if the licensee or applicant is
issued an injunction that restrains the licensee or applicant from committing acts of
domestic violence or acts of repeat violence.
The application shall be completed, under oath, on a form adopted by the Department
of Agriculture and Consumer Services and shall include:
The name, address, place of birth, date of birth, and race of the applicant;
A statement that the applicant is in compliance with criteria contained within
subsections (2) and (3);
A statement that the applicant has been furnished a copy of this chapter and is
knowledgeable of its provisions;
A conspicuous warning that the application is executed under oath and that a false
answer to any question, or the submission of any false document by the applicant,
subjects the applicant to criminal prosecution under s. 837.06;
A statement that the applicant desires a concealed weapon or firearms license as a
means of lawful selfdefense; and
Directions for an applicant who is a servicemember, as defined in s. 250.01, or a
veteran, as defined in s. 1.01, to request expedited processing of his or her application.
The applicant shall submit to the Department of Agriculture and Consumer Services
or an approved tax collector pursuant to s.
790.0625:
A completed application as described in subsection (4).
A nonrefundable license fee of up to $60 if he or she has not previously been issued a
statewide license or of up to $50 for renewal of a statewide license. The cost of
processing fingerprints as required in paragraph (c) shall be borne by the applicant.
However, an individual holding an active certification from the Criminal Justice
Standards and Training Commission as a law enforcement officer, correctional officer, or
correctional probation officer as defined in s. 943.10(1), (2), (3), (6), (7), (8), or (9) is
exempt from the licensing requirements of this section. If such individual wishes to
receive a concealed weapon or firearm license, he or she is exempt from the background
investigation and all background investigation fees but must pay the current
license fees regularly required to be paid by nonexempt applicants. Further, a law
enforcement officer, a correctional officer, or a correctional probation officer as defined
in s. 943.10(1), (2), or (3) is exempt from the required fees and background investigation
for 1 year after his or her retirement.
A full set of fingerprints of the applicant administered by a law enforcement agency
or the Division of Licensing of the Department of Agriculture and Consumer Services or
an approved tax collector pursuant to s. 790.0625 together with any personal identifying
information required by federal law to process fingerprints.
A photocopy of a certificate, affidavit, or document as described in paragraph (2)(h).
A full frontal view color photograph of the applicant taken within the preceding 30
days, in which the head, including hair, measures 7/8 of an inch wide and 11/8 inches
high.
For expedited processing of an application:
A servicemember shall submit a copy of the Common Access Card, United States
Uniformed Services Identification Card, or current deployment orders.
A veteran shall submit a copy of the DD Form 214, issued by the United States
Department of Defense, or another acceptable form of identification as specified by the
Department of Veterans’ Affairs.
(a) The Department of Agriculture and Consumer Services, upon receipt of the items
listed in subsection (5), shall forward the full set of fingerprints of the applicant to the
Department of Law
Enforcement for state and federal processing, provided the federal service is available, to
be processed for any criminal justice information as defined in s. 943.045. The cost of
processing such fingerprints shall be payable to the Department of Law Enforcement by
the Department of Agriculture and Consumer Services.
The sheriff’s office shall provide fingerprinting service if requested by the applicant
and may charge a fee not to exceed $5 for this service.
The Department of Agriculture and Consumer Services shall, within 90 days after the
date of receipt of the items listed in subsection (5):
Issue the license; or
Deny the application based solely on the ground that the applicant fails to qualify
under the criteria listed in subsection (2) or subsection (3). If the Department of
Agriculture and Consumer Services denies the application, it shall notify the applicant in
writing, stating the ground for denial and informing the applicant of any right to a hearing
pursuant to chapter 120.
In the event the department receives criminal history information with no final
disposition on a crime which may disqualify the applicant, the time limitation prescribed
by this paragraph may be suspended until receipt of the final disposition or proof of
restoration of civil and firearm rights.
In the event a legible set of fingerprints, as determined by the Department of
Agriculture and Consumer Services or the Federal Bureau of Investigation, cannot be
obtained after two
attempts, the Department of Agriculture and Consumer Services shall determine
eligibility based upon the name checks conducted by the Florida Department of Law
Enforcement.
A consular security official of a foreign government that maintains diplomatic
relations and treaties of commerce, friendship, and navigation with the United States and
is certified as such by the foreign government and by the appropriate embassy in this
country must be issued a license within 20 days after the date of the receipt of a
completed application, certification document, color photograph as specified in paragraph
(5)(e), and a nonrefundable license fee of $300. Consular security official licenses shall
be valid for 1 year and may be renewed upon completion of the application process as
provided in this section.
The Department of Agriculture and Consumer Services shall, upon receipt of a
completed application and the identifying information required under paragraph (5)(f),
expedite the processing of a servicemember’s or a veteran’s concealed weapon or firearm
license application.
The Department of Agriculture and Consumer Services shall maintain an automated
listing of licenseholders and pertinent information, and such information shall be
available online, upon request, at all times to all law enforcement agencies through the
Florida Crime Information Center.
Within 30 days after the changing of a permanent address, or within 30 days after
having a license lost or destroyed, the licensee shall notify the Department of Agriculture
and Consumer Services of such change. Failure to notify the Department of
Agriculture and Consumer Services pursuant to the provisions of this subsection shall
constitute a noncriminal violation with a penalty of $25.
In the event that a concealed weapon or firearm license is lost or destroyed, the
license shall be automatically invalid, and the person to whom the same was issued may,
upon payment of $15 to the Department of Agriculture and Consumer Services, obtain a
duplicate, or substitute thereof, upon furnishing a notarized statement to the Department
of Agriculture and Consumer Services that such license has been lost or destroyed.
A license issued under this section shall be suspended or revoked pursuant to chapter
120 if the licensee:
Is found to be ineligible under the criteria set forth in subsection (2);
Develops or sustains a physical infirmity which prevents the safe handling of a
weapon or firearm;
Is convicted of a felony which would make the licensee ineligible to possess a
firearm pursuant to s. 790.23;
Is found guilty of a crime under the provisions of chapter 893, or similar laws of any
other state, relating to controlled substances;
Is committed as a substance abuser under chapter 397, or is deemed a habitual
offender under s. 856.011(3), or similar laws of any other state;
Is convicted of a second violation of s. 316.193, or a similar law of another state,
within 3 years after a first conviction of such
section or similar law of another state, even though the first violation may have occurred
before the date on which the application was submitted;
Is adjudicated an incapacitated person under s. 744.331, or similar laws of any other
state; or
Is committed to a mental institution under chapter 394, or similar laws of any other
state.
Notwithstanding s. 120.60(5), service of a notice of the suspension or revocation of a
concealed weapon or firearm license must be given by either certified mail, return receipt
requested, to the licensee at his or her last known mailing address furnished to the
Department of Agriculture and Consumer Services, or by personal service. If a notice
given by certified mail is returned as undeliverable, a second attempt must be made to
provide notice to the licensee at that address, by either firstclass mail in an envelope,
postage prepaid, addressed to the licensee at his or her last known mailing address
furnished to the department, or, if the licensee has provided an email address to the
department, by email. Such mailing by the department constitutes notice, and any failure
by the licensee to receive such notice does not stay the effective date or term of the
suspension or revocation. A request for hearing must be filed with the department within
21 days after notice is received by personal delivery, or within 26 days after the date the
department deposits the notice in the United States mail (21 days plus 5 days for
mailing). The department shall document its attempts to provide notice, and such
documentation is admissible in the courts of this state and constitutes sufficient proof that
notice was given.
(a) At least 90 days before the expiration date of the license, the Department of
Agriculture and Consumer Services shall mail to each licensee a written notice of the
expiration and a renewal form prescribed by the Department of Agriculture and
Consumer Services. The licensee must renew his or her license on or before the
expiration date by filing with the Department of Agriculture and Consumer Services the
renewal form containing an affidavit submitted under oath and under penalty of perjury
stating that the licensee remains qualified pursuant to the criteria specified in subsections
(2) and (3), a color photograph as specified in paragraph (5)(e), and the required renewal
fee. Outofstate residents must also submit a complete set of fingerprints and fingerprint
processing fee. The license shall be renewed upon receipt of the completed renewal form,
color photograph, appropriate payment of fees, and, if applicable, fingerprints.
Additionally, a licensee who fails to file a renewal application on or before its expiration
date must renew his or her license by paying a late fee of $15. A license may not be
renewed 180 days or more after its expiration date, and such a license is deemed to be
permanently expired. A person whose license has been permanently expired may reapply
for licensure; however, an application for licensure and fees under subsection (5) must be
submitted, and a background investigation shall be conducted pursuant to this section. A
person who knowingly files false information under this subsection is subject to criminal
prosecution under s. 837.06.
A license issued to a servicemember, as defined in s. 250.01, is subject to paragraph
(a); however, such a license does not expire while the servicemember is serving on
military orders
that have taken him or her over 35 miles from his or her residence and shall be extended,
as provided in this paragraph, for up to 180 days after his or her return to such residence.
If the license renewal requirements in paragraph (a) are met within the 180day extension
period, the servicemember may not be charged any additional costs, such as, but not
limited to, late fees or delinquency fees, above the normal license fees. The
servicemember must present to the Department of Agriculture and Consumer Services a
copy of his or her official military orders or a written verification from the member’s
commanding officer before the end of the 180day period in order to qualify for the
extension.
(a) A license issued under this section does not authorize any person to openly carry
a handgun or carry a concealed weapon or firearm into:
Any place of nuisance as defined in s. 823.05;
Any police, sheriff, or highway patrol station;
Any detention facility, prison, or jail;
Any courthouse;
Any meeting of the governing body of a county, public school district, municipality,
or special district;
Any meeting of the Legislature or a committee thereof;
Any school, college, or professional athletic event not related to firearms;
Any elementary or secondary school facility or administration building;
Any career center;
790.061. Judges and justices; exceptions from licensure provisions.
A county court judge, circuit court judge, district court of appeal judge, justice of the
supreme court, federal district court judge, or federal court of appeals judge serving in
this state is not required to comply with the provisions of s. 790.06 in order to receive a
license to carry a concealed weapon or firearm, except that any such justice or judge must
comply with the provisions of s. 790.06(2)(h). The Department of Agriculture and
Consumer Services shall issue a license to carry a concealed weapon or firearm to any
such justice or judge upon demonstration of
competence of the justice or judge pursuant to s. 790.06(2)(h).
790.062. Members and veterans of United States Armed Forces;
exceptions from licensure provisions.
Notwithstanding s. 790.06(2)(b), the Department of Agriculture and Consumer
Services shall issue a license to carry a concealed weapon or firearm under s. 790.06 if
the applicant is otherwise qualified and:
Is a servicemember, as defined in s. 250.01; or
Is a veteran of the United States Armed Forces who was discharged under honorable
conditions.
The Department of Agriculture and Consumer Services shall accept fingerprints of an
applicant under this section administered by any law enforcement agency, military
provost, or other military unit charged with law enforcement duties or as otherwise
provided for in s. 790.06(5)(c).
790.0655. Purchase and delivery of handguns; mandatory waiting period;
exceptions; penalties.
(a) There shall be a mandatory 3day waiting period, which shall be 3 days,
excluding weekends and legal holidays, between the purchase and the delivery at retail of
any handgun. “Purchase” means the transfer of money or other valuable consideration to
the retailer. “Handgun” means a firearm capable of being carried and used by one hand,
such as a pistol or revolver. “Retailer” means and includes every person engaged in the
business of making sales at retail or for distribution, or use, or consumption, or storage to
be used or consumed in this state, as defined in s.
212.02(13).
Records of handgun sales must be available for inspection by any law enforcement
agency, as defined in s. 934.02, during normal business hours.
The 3day waiting period shall not apply in the following circumstances:
When a handgun is being purchased by a holder of a concealed weapons permit as
defined in s. 790.06.
To a tradein of another handgun.
It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084:
For any retailer, or any employee or agent of a retailer, to deliver a handgun before
the expiration of the 3day waiting period, subject to the exceptions provided in
subsection (2).
For a purchaser to obtain delivery of a handgun by fraud, false pretense, or false
representation.
790.07. Persons engaged in criminal offense, having weapons.
Whoever, while committing or attempting to commit any felony or while under
indictment, displays, uses, threatens, or attempts to use any weapon or electric weapon or
device or carries a concealed weapon is guilty of a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
Whoever, while committing or attempting to commit any
felony, displays, uses, threatens, or attempts to use any firearm or carries a concealed
firearm is guilty of a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, and s. 775.084.
The following crimes are excluded from application of this section: Antitrust
violations, unfair trade practices, restraints of trade, nonsupport of dependents, bigamy,
or other similar offenses.
Whoever, having previously been convicted of a violation of subsection (1) or
subsection (2) and, subsequent to such conviction, displays, uses, threatens, or attempts to
use any weapon, firearm, or electric weapon or device, carries a concealed weapon, or
carries a concealed firearm while committing or attempting to commit any felony or
while under indictment is guilty of a felony of the first degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084. Sentence shall not be suspended or deferred under
the provisions of this subsection.
790.08. Taking possession of weapons and arms; reports; disposition;
custody.
Every officer making an arrest under s. 790.07, or under any other law or municipal
ordinance within the state, shall take possession of any weapons, electric weapons or
devices, or arms mentioned in s. 790.07 found upon the person arrested and deliver them
to the sheriff of the county, or the chief of police of the municipality wherein the arrest is
made, who shall retain the same until after the trial of the person arrested.
If the person arrested as aforesaid is convicted of violating
s. 790.07, or of a similar offense under any municipal ordinance, or any other offense
involving the use or attempted use of such weapons, electric weapons or devices, or arms,
such weapons, electric weapons or devices, or arms shall become forfeited to the state,
without any order of forfeiture being necessary, although the making of such an order
shall be deemed proper, and such weapons, electric weapons or devices, or arms shall be
forthwith delivered to the sheriff by the chief of police or other person having custody
thereof, and the sheriff is hereby made the custodian of such weapons, electric weapons
or devices, and arms for the state.
If the person arrested as aforesaid is acquitted of the offenses mentioned in
subsection (2), the said weapons, electric weapons or devices, or arms taken from the
person as aforesaid shall be returned to him or her; however, if he or she fails to call for
or receive the same within 60 days from and after his or her acquittal or the dismissal of
the charges against him or her, the same shall be delivered to the sheriff as aforesaid to be
held by the sheriff as hereinafter provided. This subsection shall likewise apply to
persons and their weapons, electric weapons or devices, or arms who have heretofore
been acquitted or the charges against them dismissed.
All such weapons, electric weapons or devices, and arms now in, or hereafter coming
into, the hands of any of the peace officers of this state or any of its political subdivisions,
which have been found abandoned or otherwise discarded, or left in their hands and not
reclaimed by the owners shall, within 60 days, be delivered by such peace officers to the
sheriff of the county aforesaid.
Weapons, electric weapons or devices, and arms coming into the hands of the sheriff
pursuant to subsections (3) and (4) aforesaid shall, unless reclaimed by the owner thereof
within 6 months from the date the same come into the hands of the said sheriff, become
forfeited to the state, and no action or proceeding for their recovery shall thereafter be
maintained in this state.
Weapons, electric weapons or devices, and arms coming into the hands of the sheriff
as aforesaid shall be listed, kept, and held by him or her as custodian for the state. Any or
all such weapons, electric weapons or devices, and arms suitable for use by the sheriff
may be so used. All such weapons, electric weapons or devices, and arms not needed by
the said sheriff may be loaned to any other department of the state or to any county or
municipality having use for such weapons, electric weapons or devices, and arms. The
sheriff shall take the receipt of such other department, county, or municipality for such
weapons, electric weapons or devices, and arms loaned to them. All weapons, electric
weapons or devices, and arms which are not needed or which are useless or unfit for use
shall be destroyed or otherwise disposed of by the sheriff as provided in chapter 705 or as
provided in the Florida Contraband Forfeiture Act. All sums received from the sale or
other disposition of the said weapons, electric weapons or devices, or arms disposed of by
the sheriff under chapter 705 as aforesaid shall be paid into the State Treasury for the
benefit of the State School Fund and shall become a part thereof. All sums received from
the sale or other disposition of any such weapons, electric weapons or devices, or arms
disposed of by the sheriff under the Florida Contraband Forfeiture Act shall be disbursed
as provided therein.
This section does not apply to any municipality in any county having home rule
under the State Constitution.
790.09. Manufacturing or selling metallic knuckles.
Whoever manufactures or causes to be manufactured or sells or exposes for sale any
instrument or weapon of the kind usually known as metallic knuckles commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
790.10. Improper exhibition of dangerous weapons or firearms.
If any person having or carrying any dirk, sword, sword cane, firearm, electric
weapon or device, or other weapon shall, in the presence of one or more persons, exhibit
the same in a rude, careless, angry, or threatening manner, not in necessary selfdefense,
the person so offending shall be guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
790.115. Possessing or discharging weapons or firearms at a schoolsponsored
event or on school property prohibited; penalties; exceptions.
A person who exhibits any sword, sword cane, firearm, electric weapon or device,
destructive device, or other weapon as defined in s. 790.001(13), including a razor blade,
box cutter, or common pocketknife, except as authorized in support of schoolsanctioned
activities, in the presence of one or more persons in a rude, careless, angry, or threatening
manner and not in lawful selfdefense, at a schoolsponsored event or on the grounds or
facilities of any school, school bus, or school bus stop, or within 1,000 feet of the real
property that comprises a public or private elementary school, middle school, or
secondary school, during school hours or during the time of a sanctioned school activity,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084. This subsection does not apply to the exhibition of a firearm or weapon on
private real property within 1,000 feet of a school by the owner of such property or by a
person whose presence on such property has been authorized, licensed, or invited by the
owner.
(a) A person shall not possess any firearm, electric weapon or device, destructive
device, or other weapon as defined in s. 790.001(13), including a razor blade or box
cutter, except as authorized in support of schoolsanctioned activities, at a school
sponsored event or on the property of any school, school bus, or school bus stop;
however, a person may carry a firearm:
In a case to a firearms program, class or function which has been approved in
advance by the principal or chief administrative officer of the school as a program or
class to which firearms could be carried;
In a case to a career center having a firearms training range;
or
In a vehicle pursuant to s. 790.25(5); except that school districts may adopt written
and published policies that waive the exception in this subparagraph for purposes of
student and campus parking privileges.
For the purposes of this section, “school” means any preschool, elementary school,
middle school, junior high school, secondary
school, career center, or postsecondary school, whether public or nonpublic.
A person who willfully and knowingly possesses any electric weapon or device,
destructive device, or other weapon as defined in s. 790.001(13), including a razor blade
or box cutter, except as authorized in support of schoolsanctioned activities, in violation
of this subsection commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
1. A person who willfully and knowingly possesses any firearm in violation of this
subsection commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
A person who stores or leaves a loaded firearm within the reach or easy access of a
minor who obtains the firearm and commits a violation of subparagraph 1. commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083;
except that this does not apply if the firearm was stored or left in a securely locked box or
container or in a location which a reasonable person would have believed to be secure, or
was securely locked with a firearmmounted pushbutton combination lock or a trigger
lock; if the minor obtains the firearm as a result of an unlawful entry by any person; or to
members of the Armed Forces, National Guard, or State Militia, or to police or other law
enforcement officers, with respect to firearm possession by a minor which occurs during
or incidental to the performance of their official duties.
A person who discharges any weapon or firearm while in violation of paragraph (a),
unless discharged for lawful defense of
himself or herself or another or for a lawful purpose, commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
The penalties of this subsection shall not apply to persons licensed under s. 790.06.
Persons licensed under s. 790.06 shall be punished as provided in s. 790.06(12), except
that a licenseholder who unlawfully discharges a weapon or firearm on school property as
prohibited by this subsection commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
This section does not apply to any law enforcement officer as defined in s. 943.10(1),
(2), (3), (4), (6), (7), (8), (9), or (14).
Notwithstanding s. 985.24, s. 985.245, or s. 985.25(1), any minor under 18 years of
age who is charged under this section with possessing or discharging a firearm on school
property shall be detained in secure detention, unless the state attorney authorizes the
release of the minor, and shall be given a probable cause hearing within 24 hours after
being taken into custody. At the hearing, the court may order that the minor continue to
be held in secure detention for a period of 21 days, during which time the minor shall
receive medical, psychiatric, psychological, or substance abuse examinations pursuant to
s. 985.18, and a written report shall be completed.
790.145. Crimes in pharmacies; possession of weapons; penalties.
Unless otherwise provided by law, any person who is in possession of a concealed
“firearm,” as defined in s. 790.001(6),
or a “destructive device,” as defined in s. 790.001(4), within the premises of a
“pharmacy,” as defined in chapter 465, is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
The provisions of this section do not apply:
(a) To any law enforcement officer;
To any person employed and authorized by the owner, operator, or manager of a
pharmacy to carry a firearm or destructive device on such premises; or
To any person licensed to carry a concealed weapon.
790.15. Discharging firearm in public or on residential property.
Except as provided in subsection (2) or subsection (3), any person who knowingly
discharges a firearm in any public place or on the rightofway of any paved public road,
highway, or street, who knowingly discharges any firearm over the rightofway of any
paved public road, highway, or street or over any occupied premises, or who recklessly or
negligently discharges a firearm outdoors on any property used primarily as the site of a
dwelling as defined in s. 776.013 or zoned exclusively for residential use commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. This
section does not apply to a person lawfully defending life or property or performing
official duties requiring the discharge of a firearm or to a person discharging a firearm on
public roads or properties expressly approved for hunting by the Fish and Wildlife
Conservation Commission or Florida Forest Service.
Any occupant of any vehicle who knowingly and willfully discharges any firearm
from the vehicle within 1,000 feet of any person commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any driver or owner of any vehicle, whether or not the owner of the vehicle is
occupying the vehicle, who knowingly directs any other person to discharge any firearm
from the vehicle commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Any person who recreationally discharges a firearm outdoors, including target
shooting, in an area that the person knows or reasonably should know is primarily
residential in nature and that has a residential density of one or more dwelling units per
acre, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083. This subsection does not apply:
To a person lawfully defending life or property or performing official duties
requiring the discharge of a firearm;
If, under the circumstances, the discharge does not pose a reasonably foreseeable risk
to life, safety, or property; or
To a person who accidentally discharges a firearm.
790.151. Using firearm while under the influence of alcoholic
beverages, chemical substances, or controlled substances; penalties.
As used in ss. 790.151790.157, to “use a firearm” means to discharge a firearm or to
have a firearm readily accessible for
immediate discharge.
For the purposes of this section, “readily accessible for immediate discharge” means
loaded and in a person’s hand.
It is unlawful and punishable as provided in subsection (4) for any person who is
under the influence of alcoholic beverages, any chemical substance set forth in s.
877.111, or any substance controlled under chapter 893, when affected to the extent that
his or her normal faculties are impaired, to use a firearm in this state.
Any person who violates subsection (3) commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
This section does not apply to persons exercising lawful selfdefense or defense of
one’s property.
790.153. Tests for impairment or intoxication; right to refuse.
(a) Any person who uses a firearm within this state shall submit to an approved
chemical or physical breath test to determine the alcoholic content of the blood and to a
urine test to detect the presence of controlled substances, if there is probable cause to
believe that the person was using a firearm while under the influence of alcoholic
beverages or controlled substances or that the person is lawfully arrested for any offense
allegedly committed while he or she was using a firearm while under the influence of
alcoholic beverages or controlled substances. The breath test shall be incidental to a
lawful arrest and administered at the request of a law enforcement officer who has
probable cause to believe such person was using the firearm within this
state while under the influence of alcoholic beverages. The urine test shall be incidental
to a lawful arrest and administered at a detention facility, mobile or otherwise, which is
equipped to administer such tests at the request of a law enforcement officer who has
probable cause to believe such person was using a firearm within this state while under
the influence of controlled substances. The urine test shall be administered at a detention
facility or any other facility, mobile or otherwise, which is equipped to administer such
tests in a reasonable manner that will ensure the accuracy of the specimen and maintain
the privacy of the individual involved. The administration of either test shall not preclude
the administration of the other test. The refusal to submit to a chemical or physical breath
or urine test upon the request of a law enforcement officer as provided in this section
shall be admissible into evidence in any criminal proceeding. This section shall not
hinder the taking of a mandatory blood test as outlined in
790.155.
If the arresting officer does not request a chemical or physical test of the person
arrested for any offense allegedly committed while the person was using a firearm while
under the influence of alcoholic beverages or controlled substances, such person may
request the arresting officer to have a chemical or physical test made of the arrested
person’s breath for the purpose of determining the alcoholic content of the person’s blood
or a chemical test of urine or blood for the purpose of determining the presence of
controlled substances; and, if so requested, the arresting officer shall have the test
performed.
The provisions of s. 316.1932(1)(f), relating to administration of tests for determining
the weight of alcohol in the
defendant’s blood, additional tests at the defendant’s expense, availability of test
information to the defendant or the defendant’s attorney, and liability of medical
institutions and persons administering such tests are incorporated into this act.
The results of any test administered pursuant to this section for the purpose of
detecting the presence of any controlled substance shall not be admissible as evidence in
a criminal prosecution for the possession of a controlled substance.
Notwithstanding any provision of law pertaining to the confidentiality of hospital
records or other medical records, information obtained pursuant to this section shall be
released to a court, prosecuting attorney, defense attorney, or law enforcement officer in
connection with an alleged violation of s. 790.151 upon request for such information.
790.155. Blood test for impairment or intoxication in cases of death or serious
bodily injury; right to use reasonable force.
(a) Notwithstanding any recognized ability to refuse to submit to the tests provided in
s. 790.153, if a law enforcement officer has probable cause to believe that a firearm used
by a person under the influence of alcoholic beverages or controlled substances has
caused the death or serious bodily injury of a human being, such person shall submit,
upon the request of a law enforcement officer, to a test of his or her blood for the purpose
of determining the alcoholic content thereof or the presence of controlled substances
therein. The law enforcement officer may use reasonable force if necessary to require
such person to submit to the administration of the blood test. The blood test shall be
performed in a reasonable manner.
The term “serious bodily injury” means a physical condition which creates a
substantial risk of death, serious personal disfigurement, or protracted loss or impairment
of the function of any bodily member or organ.
The provisions of s. 316.1933(2), relating to blood tests for impairment or
intoxication, are incorporated into this act.
(a) Any criminal charge resulting from the incident giving rise to the officer’s
demand for testing should be tried concurrently with a charge of any violation of s.
790.151. If such charges are tried separately, the fact that such person refused, resisted,
obstructed, or opposed testing shall be admissible at the trial of the criminal offense
which gave rise to the demand for testing.
The results of any test administered pursuant to this section for the purpose of
detecting the presence of any controlled substance shall not be admissible as evidence in
a criminal prosecution for the possession of a controlled substance.
Notwithstanding any provision of law pertaining to the confidentiality of hospital
records or other medical records, information obtained pursuant to this section shall be
released to a court, prosecuting attorney, defense attorney, or law enforcement officer in
connection with an alleged violation of s. 790.151 upon request for such information.
790.157. Presumption of impairment; testing methods.
It is unlawful and punishable as provided in s. 790.151 for
any person who is under the influence of alcoholic beverages or controlled substances,
when affected to the extent that his or her normal faculties are impaired, to use a firearm
in this state.
Upon the trial of any civil or criminal action or proceeding arising out of acts alleged
to have been committed by any person while using a firearm while under the influence of
alcoholic beverages or controlled substances, when affected to the extent that his or her
normal faculties were impaired or to the extent that the person was deprived of full
possession of his or her normal faculties, the results of any test administered in
accordance with s. 790.153 or s. 790.155 and this section shall be admissible into
evidence when otherwise admissible, and the amount of alcohol in the person’s blood at
the time alleged, as shown by chemical analysis of the person’s blood or chemical or
physical analysis of the person’s breath, shall give rise to the following presumptions:
If there was at that time 0.05 percent or less by weight of alcohol in the person’s
blood, it shall be presumed that the person was not under the influence of alcoholic
beverages to the extent that his or her normal faculties were impaired.
If there was at that time in excess of 0.05 percent but less than 0.10 percent by weight
of alcohol in the person’s blood, such fact shall not give rise to any presumption that the
person was or was not under the influence of alcoholic beverages to the extent that his or
her normal faculties were impaired, but such fact may be considered with other
competent evidence in determining whether the person was under the influence of
alcoholic beverages to the extent that his or her normal faculties were impaired.
If there was at that time 0.10 percent or more by weight of alcohol in the person’s
blood, that fact shall be prima facie evidence that the person was under the influence of
alcoholic beverages to the extent that his or her normal faculties were impaired.
The percent by weight of alcohol in the blood shall be based upon grams of alcohol
per 100 milliliters of blood. The foregoing provisions of this subsection shall not be
construed as limiting the introduction of any other competent evidence bearing upon the
question of whether the person was under the influence of alcoholic beverages to the
extent that his or her normal faculties were impaired.
A chemical analysis of a person’s blood to determine its alcoholic content or a
chemical or physical analysis of a person’s breath, in order to be considered valid under
the provisions of this section, must have been performed substantially in accordance with
methods approved by the Florida Department of Law Enforcement and by an individual
possessing a valid permit issued by the department for this purpose. Any insubstantial
differences between approved techniques and actual testing procedures in an individual
case shall not render the test or test results invalid. The Florida Department of Law
Enforcement may approve satisfactory techniques or methods, ascertain the qualification
and competence of individuals to conduct such analyses, and issue permits which shall be
subject to termination or revocation in accordance with rules adopted by the department.
Any person charged with using a firearm while under the influence of alcoholic
beverages or controlled substances to the extent that his or her normal faculties were
impaired, whether in a
municipality or not, shall be entitled to trial by jury according to the Florida Rules of
Criminal Procedure.
790.16. Discharging machine guns; penalty.
It is unlawful for any person to shoot or discharge any machine gun upon, across, or
along any road, street, or highway in the state; upon or across any public park in the state;
or in, upon, or across any public place where people are accustomed to assemble in the
state. The discharge of such machine gun in, upon, or across such public street; in, upon,
or across such public park; or in, upon, or across such public place, whether indoors or
outdoors, including all theaters and athletic stadiums, with intent to do bodily harm to any
person or with intent to do damage to property not resulting in the death of another
person shall be a felony of the first degree, punishable as provided in s. 775.082. A
sentence not exceeding life imprisonment is specifically authorized when great bodily
harm to another or serious disruption of governmental operations results.
This section shall not apply to the use of such machine guns by any United States or
state militia or by any law enforcement officer while in the discharge of his or her lawful
duty in suppressing riots and disorderly conduct and in preserving and protecting the
public peace or in the preservation of public property, or when said use is authorized by
law.
790.161. Making, possessing, throwing, projecting, placing, or discharging any
destructive device or attempt so to do, felony; penalties.
A person who willfully and unlawfully makes, possesses,
throws, projects, places, discharges, or attempts to make, possess, throw, project, place,
or discharge any destructive device:
Commits a felony of the third degree, punishable as provided in s. 775.082 or s.
775.084.
If the act is perpetrated with the intent to do bodily harm to any person, or with the
intent to do property damage, or if the act results in a disruption of governmental
operations, commerce, or the private affairs of another person, commits a felony of the
second degree, punishable as provided in s. 775.082 or s. 775.084.
If the act results in bodily harm to another person or in property damage, commits a
felony of the first degree, punishable as provided in s. 775.082 or s. 775.084.
If the act results in the death of another person, commits a capital felony, punishable
as provided in s. 775.082. In the event the death penalty in a capital felony is held to be
unconstitutional by the Florida Supreme Court or the United States Supreme Court, the
court having jurisdiction over a person previously sentenced to death for a capital felony
shall cause such person to be brought before the court, and the court shall sentence such
person to life imprisonment if convicted of murder in the first degree or of a capital
felony under this subsection, and such person shall be ineligible for parole. No sentence
of death shall be reduced as a result of a determination that a method of execution is held
to be unconstitutional under the State Constitution or the Constitution of the United
States.
790.1612. Authorization for governmental manufacture, possession, and
use of destructive devices.
The governing body of any municipality or county and the Division of State Fire
Marshal of the Department of Financial Services have the power to authorize the
manufacture, possession, and use of destructive devices as defined in s. 790.001(4).
790.1615. Unlawful throwing, projecting, placing, or discharging of
destructive device or bomb that results in injury to another; penalty.
A person who perpetrates any unlawful throwing, projecting, placing, or discharging
of a destructive device or bomb that results in any bodily harm to a firefighter or any
other person, regardless of intent or lack of intent to cause such harm, commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
A person who perpetrates any unlawful throwing, projecting, placing, or discharging
of a destructive device or bomb that results in great bodily harm, permanent disability, or
permanent disfigurement to a firefighter or any other person, regardless of intent or lack
of intent to cause such harm, commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Upon conviction and adjudication of guilt, a person may be sentenced separately,
pursuant to s. 775.021(4), for any violation of this section and for any unlawful throwing,
projecting, placing, or discharging of a destructive device or bomb committed during the
same criminal episode. A conviction for any unlawful throwing, projecting, placing, or
discharging of a destructive device or bomb, however, is not necessary for a conviction
under this section.
790.162. Threat to throw, project, place, or discharge any destructive
device, felony; penalty.
It is unlawful for any person to threaten to throw, project, place, or discharge any
destructive device with intent to do bodily harm to any person or with intent to do
damage to any property of any person, and any person convicted thereof commits a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
790.163. False report concerning planting a bomb, an explosive, or a weapon
of mass destruction, or concerning the use of firearms in a violent manner;
penalty.
It is unlawful for any person to make a false report, with intent to deceive, mislead,
or otherwise misinform any person, concerning the placing or planting of any bomb,
dynamite, other deadly explosive, or weapon of mass destruction as defined in s. 790.166,
or concerning the use of firearms in a violent manner against a person or persons. A
person who violates this subsection commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Notwithstanding any other law, adjudication of guilt or imposition of sentence for a
violation of this section may not be suspended, deferred, or withheld. However, the state
attorney may move the sentencing court to reduce or suspend the sentence of any person
who is convicted of a violation of this section and who provides substantial assistance in
the identification, arrest, or conviction of any of his or her accomplices, accessories,
coconspirators, or principals.
Proof that a person accused of violating this section knowingly made a false report is
prima facie evidence of the accused person’s intent to deceive, mislead, or otherwise
misinform any person.
In addition to any other penalty provided by law with respect to any person who is
convicted of a violation of this section that resulted in the mobilization or action of any
law enforcement officer or any state or local agency, a person convicted of a violation of
this section may be required by the court to pay restitution for all of the costs and
damages arising from the criminal conduct.
790.164. False reports concerning planting a bomb, explosive, or weapon of
mass destruction in, or committing arson against, stateowned property, or
concerning the use of firearms in a violent manner; penalty; reward.
It is unlawful for any person to make a false report, with intent to deceive, mislead,
or otherwise misinform any person, concerning the placing or planting of any bomb,
dynamite, other deadly explosive, or weapon of mass destruction as defined in s. 790.166,
concerning any act of arson or other violence to property owned by the state or any
political subdivision, or concerning the use of firearms in a violent manner against a
person or persons. A person who violates this subsection commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Notwithstanding any other law, adjudication of guilt or imposition of sentence for a
violation of this section may not be suspended, deferred, or withheld. However, the state
attorney may
move the sentencing court to reduce or suspend the sentence of any person who is
convicted of a violation of this section and who provides substantial assistance in the
identification, arrest, or conviction of any of his or her accomplices, accessories,
coconspirators, or principals.
Proof that a person accused of violating this section knowingly made a false report is
prima facie evidence of the accused person’s intent to deceive, mislead, or otherwise
misinform any person.
(a) There shall be a $5,000 reward for the giving of information to any law
enforcement agency in the state, which information leads to the arrest and conviction of
any person violating the provisions of this section. Any person claiming such reward
shall apply to the law enforcement agency developing the case and be paid by the
Department of Law Enforcement from the deficiency fund.
There shall be only one reward given for each case, regardless of how many persons
are arrested and convicted in connection with the case and regardless of how many
persons submit claims for the reward.
The Department of Law Enforcement shall establish procedures to be used by all
reward applicants, and the circuit judge in whose jurisdiction the action occurs shall
review all such applications and make final determination as to those applicants entitled
to receive an award.
In addition to any other penalty provided by law with respect to any person who is
convicted of a violation of this section that resulted in the mobilization or action of any
law
enforcement officer or any state or local agency, a person convicted of a violation of this
section may be required by the court to pay restitution for all of the costs and damages
arising from the criminal conduct.
790.165. Planting of “hoax bomb” prohibited; penalties.
For the purposes of this section, “hoax bomb” means any device or object that by its
design, construction, content, or characteristics appears to be, or to contain, or is
represented to be or to contain, a destructive device or explosive as defined in this
chapter, but is, in fact, an inoperative facsimile or imitation of such a destructive device
or explosive, or contains no destructive device or explosive as was represented.
Any person who, without lawful authority, manufactures, possesses, sells, delivers,
sends, mails, displays, uses, threatens to use, attempts to use, or conspires to use, or who
makes readily accessible to others, a hoax bomb commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who, while committing or attempting to commit any felony, possesses,
displays, or threatens to use any hoax bomb commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding any
other law, adjudication of guilt or imposition of sentence may not be suspended, deferred,
or withheld. However, the state attorney may move the sentencing court to reduce or
suspend the sentence of any person who is convicted of a violation of this section and
who provides substantial assistance in the identification, arrest, or conviction of any of
his or her accomplices, accessories,
coconspirators, or principals.
Subsection (2) does not apply to any law enforcement officer, firefighter, person, or
corporation licensed pursuant to chapter 493, or member of the armed forces of the
United States while engaged in training or other lawful activity within the scope of his or
her employment, or to any person properly authorized to test a security system, or to any
security personnel, while operating within the scope of their employment, including, but
not limited to, security personnel in airports and other controlled access areas, or to any
member of a theatrical company or production using a hoax bomb as property during the
course of a rehearsal or performance.
In addition to any other penalty provided by law with respect to any person who is
convicted of a violation of this section that resulted in the mobilization or action of any
law enforcement officer or any state or local agency, a person convicted of a violation of
this section may be required by the court to pay restitution for all of the costs and
damages arising from the criminal conduct.
790.166. Manufacture, possession, sale, delivery, display, use, or attempted
or threatened use of a weapon of mass destruction or hoax weapon of mass
destruction prohibited; definitions; penalties.
(1) As used in this section, the term:
(a) “Weapon of mass destruction” means:
Any device or object that is designed or intended to cause death or serious bodily
injury to any human or animal, or severe
emotional or mental harm to any human, through the release, dissemination, or impact of
toxic or poisonous chemicals, or their precursors;
Any device or object involving a biological agent;
Any device or object that is designed or intended to release radiation or radioactivity
at a level dangerous to human or animal life; or
Any biological agent, toxin, vector, or delivery system.
“Hoax weapon of mass destruction” means any device or object that by its design,
construction, content, or characteristics appears to be or to contain, or is represented to
be, constitute, or contain, a weapon of mass destruction as defined in this section, but
which is, in fact, an inoperative facsimile, imitation, counterfeit, or representation of a
weapon of mass destruction which does not meet the definition of a weapon of mass
destruction or which does not actually contain or constitute a weapon, biological agent,
toxin, vector, or delivery system prohibited by this section.
“Biological agent” means any microorganism, virus, infectious substance, or
biological product that may be engineered through biotechnology, or any naturally
occurring or bioengineered component of any such microorganism, virus, infectious
substance, or biological product, capable of causing:
Death, disease, or other biological malfunction in a human, an animal, a plant, or
other living organism;
Deterioration of food, water, equipment, supplies, or material of any kind; or
3. Deleterious alteration of the environment.
“Toxin” means the toxic material of plants, animals, microorganisms, viruses, fungi,
or infectious substances, or a recombinant molecule, whatever its origin or method of
reproduction, including:
Any poisonous substance or biological product that may be engineered through
biotechnology produced by a living organism; or
Any poisonous isomer or biological product, homolog, or derivative of such
substance.
(e) “Delivery system” means:
“Vector” means a living organism or molecule, including a recombinant molecule or
biological product that may be engineered through biotechnology, capable of carrying a
biological agent or toxin to a host.
A person who, without lawful authority, manufactures, possesses, sells, delivers,
sends, mails, displays, uses, threatens to use, attempts to use, or conspires to use, or who
makes readily accessible to others a weapon of mass destruction commits a felony of the
first degree, punishable by imprisonment for a term of years not exceeding life or as
provided in s. 775.082, s. 775.083, or s. 775.084, and if death results, commits a capital
felony, punishable as provided in s. 775.082.
Any person who, without lawful authority, manufactures, possesses, sells, delivers,
mails, sends, displays, uses, threatens to use, attempts to use, or conspires to use, or who
makes readily accessible to others, a hoax weapon of mass destruction commits a felony
of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who, while committing or attempting to commit any felony, possesses,
displays, or threatens to use any hoax weapon of mass destruction commits a felony of
the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Notwithstanding any other law, adjudication of guilt or imposition of sentence may
not be suspended, deferred, or withheld for a violation of this section. However, the state
attorney may move the sentencing court to reduce or suspend the sentence of any person
who is convicted of a violation of this section and who provides substantial assistance in
the identification, arrest, or conviction of any of his or her accomplices, accessories,
coconspirators, or principals.
Proof that a device or object described in subparagraph (1) (a)1. caused death or
serious bodily injury to a human or animal through the release, dissemination, or impact
of toxic or poisonous chemicals, or their precursors, is prima facie evidence that the
device or object was designed or intended to cause such death or serious bodily injury.
Proof that a device or object described in subparagraph (1)(a)3. released radiation or
radioactivity at a level dangerous to human or animal life is prima
facie evidence that the device or object was designed or intended for such release.
This section does not apply to any member or employee of the Armed Forces of the
United States, a federal or state governmental agency, or a private entity who is otherwise
engaged in lawful activity within the scope of his or her employment, if such person is
otherwise duly authorized or licensed to manufacture, possess, sell, deliver, display, or
otherwise engage in activity relative to this section and if such person is in compliance
with applicable federal and state law.
For purposes of this section, the term “weapon of mass destruction” does not include:
A device or instrument that emits or discharges smoke or an offensive, noxious, or
irritant liquid, powder, gas, or chemical for the purpose of immobilizing, incapacitating,
or thwarting an attack by a person or animal and that is lawfully possessed or used by a
person for the purpose of selfprotection or, as provided in subsection (7), is lawfully
possessed or used by any member or employee of the Armed Forces of the United States,
a federal or state governmental agency, or a private entity. A member or employee of a
federal or state governmental agency includes, but is not limited to, a law enforcement
officer, as defined in s. 784.07; a federal law enforcement officer, as defined in s.
901.1505; and an emergency service employee, as defined in s.
496.404.
The liquid, powder, gas, chemical, or smoke that is emitted or discharged from a
device or instrument as specified in paragraph (a).
In addition to any other penalty provided by law with respect to any person who is
convicted of a violation of this section that resulted in the mobilization or action of any
law enforcement officer or any state or local agency, a person convicted of a violation of
this section may be required by the court to pay restitution for all of the costs and
damages arising from the criminal conduct.
790.17. Furnishing weapons to minors under 18 years of age or persons of
unsound mind and furnishing firearms to minors under 18 years of age prohibited.
A person who sells, hires, barters, lends, transfers, or gives any minor under 18 years
of age any dirk, electric weapon or device, or other weapon, other than an ordinary
pocketknife, without permission of the minor’s parent or guardian, or sells, hires, barters,
lends, transfers, or gives to any person of unsound mind an electric weapon or device or
any dangerous weapon, other than an ordinary pocketknife, commits a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
(a) A person may not knowingly or willfully sell or transfer a firearm to a minor
under 18 years of age, except that a person may transfer ownership of a firearm to a
minor with permission of the parent or guardian. A person who violates this paragraph
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
The parent or guardian must maintain possession of the firearm except pursuant to s.
790.22.
790.173. Legislative findings and intent.
The Legislature finds that a tragically large number of Florida children have been
accidentally killed or seriously injured by negligently stored firearms; that placing
firearms within the reach or easy access of children is irresponsible, encourages such
accidents, and should be prohibited; and that legislative action is necessary to protect the
safety of our children.
It is the intent of the Legislature that adult citizens of the state retain their
constitutional right to keep and bear firearms for hunting and sporting activities and for
defense of self, family, home, and business and as collectibles. Nothing in this act shall
be construed to reduce or limit any existing right to purchase and own firearms, or to
provide authority to any state or local agency to infringe upon the privacy of any family,
home, or business, except by lawful warrant.
790.174. Safe storage of firearms required.
A person who stores or leaves, on a premise under his or her control, a loaded
firearm, as defined in s. 790.001, and who knows or reasonably should know that a minor
is likely to gain access to the firearm without the lawful permission of the minor’s parent
or the person having charge of the minor, or without the supervision required by law,
shall keep the firearm in a securely locked box or container or in a location which a
reasonable person would believe to be secure or shall secure it with a trigger lock, except
when the person is carrying the firearm on his or her body or within such close proximity
thereto that he or she can retrieve and use it as easily and quickly as if he or she carried it
on his or her body.
It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083, if a person violates subsection (1) by failing to store or leave a firearm in the
required manner and as a result thereof a minor gains access to the firearm, without the
lawful permission of the minor’s parent or the person having charge of the minor, and
possesses or exhibits it, without the supervision required by law:
In a public place; or
In a rude, careless, angry, or threatening manner in violation of s. 790.10.
This subsection does not apply if the minor obtains the firearm as a result of an
unlawful entry by any person.
As used in this act, the term “minor” means any person under the age of 16.
790.175. Transfer or sale of firearms; required warnings; penalties.
Upon the retail commercial sale or retail transfer of any firearm, the seller or
transferor shall deliver a written warning to the purchaser or transferee, which warning
states, in block letters not less than ¼ inch in height:
“IT IS UNLAWFUL, AND PUNISHABLE BY IMPRISONMENT AND FINE,
FOR ANY ADULT TO STORE OR LEAVE A FIREARM IN ANY PLACE WITHIN
THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF AGE OR TO
KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR POSSESSION
OF A FIREARM
TO A MINOR OR A PERSON OF UNSOUND MIND.”
Any retail or wholesale store, shop, or sales outlet which sells firearms must
conspicuously post at each purchase counter the following warning in block letters not
less than 1 inch in height:
“IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM IN ANY PLACE
WITHIN THE REACH OR EASY ACCESS OF A MINOR UNDER 18 YEARS OF
AGE OR TO KNOWINGLY SELL OR OTHERWISE TRANSFER OWNERSHIP OR
POSSESSION OF A FIREARM TO A MINOR OR A PERSON OF UNSOUND
MIND.”
Any person or business knowingly violating a requirement to provide warning under
this section commits a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
790.18. Sale or transfer of arms to minors by dealers.
It is unlawful for any dealer in arms to sell or transfer to a minor any firearm, pistol,
Springfield rifle or other repeating rifle, bowie knife or dirk knife, brass knuckles, or
electric weapon or device. A person who violates this section commits a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
790.19. Shooting into or throwing deadly missiles into dwellings, public or
private buildings, occupied or not occupied; vessels, aircraft, buses, railroad cars,
streetcars, or other vehicles.
Whoever, wantonly or maliciously, shoots at, within, or into, or throws any missile or
hurls or projects a stone or other hard substance which would produce death or great
bodily harm, at, within, or in any public or private building, occupied or unoccupied, or
public or private bus or any train, locomotive, railway car, caboose, cable railway car,
street railway car, monorail car, or vehicle of any kind which is being used or occupied
by any person, or any boat, vessel, ship, or barge lying in or plying the waters of this
state, or aircraft flying through the airspace of this state shall be guilty of a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
790.22. Use of BB guns, air or gasoperated guns, or electric weapons or devices
by minor under 16; limitation; possession of firearms by minor under 18
prohibited; penalties.
The use for any purpose whatsoever of BB guns, air or gasoperated guns, or electric
weapons or devices, by any minor under the age of 16 years is prohibited unless such use
is under the supervision and in the presence of an adult who is acting with the consent of
the minor’s parent.
Any adult responsible for the welfare of any child under the age of 16 years who
knowingly permits such child to use or have in his or her possession any BB gun, air or
gasoperated gun, electric weapon or device, or firearm in violation of the provisions of
subsection (1) of this section commits a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
A minor under 18 years of age may not possess a firearm, other than an unloaded
firearm at his or her home, unless:
The minor is engaged in a lawful hunting activity and is: 1. At least 16 years
of age; or
2. Under 16 years of age and supervised by an adult.
The minor is engaged in a lawful marksmanship competition or practice or other
lawful recreational shooting activity and is:
At least 16 years of age; or
Under 16 years of age and supervised by an adult who is acting with the consent of
the minor’s parent or guardian.
The firearm is unloaded and is being transported by the minor directly to or from an
event authorized in paragraph (a) or paragraph (b).
(a) Any parent or guardian of a minor, or other adult responsible for the welfare of a
minor, who knowingly and willfully permits the minor to possess a firearm in violation of
subsection (3) commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
Any natural parent or adoptive parent, whether custodial or noncustodial, or any legal
guardian or legal custodian of a minor, if that minor possesses a firearm in violation of
subsection (3) may, if the court finds it appropriate, be required to participate in classes
on parenting education which are approved by the Department of Juvenile Justice, upon
the first conviction of the minor. Upon any subsequent conviction of the minor, the court
may, if the court finds it appropriate, require the parent to attend further parent education
classes or render community service
hours together with the child.
The juvenile justice circuit advisory boards or the Department of Juvenile Justice
shall establish appropriate community service programs to be available to the alternative
sanctions coordinators of the circuit courts in implementing this subsection. The boards
or department shall propose the implementation of a community service program in each
circuit, and may submit a circuit plan, to be implemented upon approval of the circuit
alternative sanctions coordinator.
For the purposes of this section, community service may be provided on public
property as well as on private property with the expressed permission of the property
owner. Any community service provided on private property is limited to such things as
removal of graffiti and restoration of vandalized property.
(a) A minor who violates subsection (3) commits a misdemeanor of the first degree;
for a first offense, may serve a period of detention of up to 3 days in a secure detention
facility; and, in addition to any other penalty provided by law, shall be required to
perform 100 hours of community service; and:
If the minor is eligible by reason of age for a driver license or driving privilege, the
court shall direct the Department of Highway Safety and Motor Vehicles to revoke or to
withhold issuance of the minor’s driver license or driving privilege for up to 1 year.
If the minor’s driver license or driving privilege is under suspension or revocation for
any reason, the court shall direct the Department of Highway Safety and Motor Vehicles
to extend the period of suspension or revocation by an additional period of up
to 1 year.
If the minor is ineligible by reason of age for a driver license or driving privilege, the
court shall direct the Department of Highway Safety and Motor Vehicles to withhold
issuance of the minor’s driver license or driving privilege for up to 1 year after the date
on which the minor would otherwise have become eligible.
For a second or subsequent offense, a minor who violates subsection (3) commits a
felony of the third degree and shall serve a period of detention of up to 15 days in a
secure detention facility and shall be required to perform not less than 100 nor more than
250 hours of community service, and:
If the minor is eligible by reason of age for a driver license or driving privilege, the
court shall direct the Department of Highway Safety and Motor Vehicles to revoke or to
withhold issuance of the minor’s driver license or driving privilege for up to 2 years.
If the minor’s driver license or driving privilege is under suspension or revocation for
any reason, the court shall direct the Department of Highway Safety and Motor Vehicles
to extend the period of suspension or revocation by an additional period of up to 2 years.
If the minor is ineligible by reason of age for a driver license or driving privilege, the
court shall direct the Department of Highway Safety and Motor Vehicles to withhold
issuance of the minor’s driver license or driving privilege for up to 2 years after the date
on which the minor would otherwise have become eligible.
For the purposes of this subsection, community service shall be performed, if
possible, in a manner involving a hospital emergency room or other medical environment
that deals on a regular basis with trauma patients and gunshot wounds.
Any firearm that violation of this section enforcement officer and 790.08(1)(6).
is possessed or used by a minor in shall be promptly seized by a law disposed of
in accordance with s.
The provisions of this section are supplemental to all other provisions of law relating
to the possession, use, or exhibition of a firearm.
Notwithstanding s. 985.24 or s. 985.25(1), if a minor is charged with an offense that
involves the use or possession of a firearm, including a violation of subsection (3), or is
charged for any offense during the commission of which the minor possessed a firearm,
the minor shall be detained in secure detention, unless the state attorney authorizes the
release of the minor, and shall be given a hearing within 24 hours after being taken into
custody. At the hearing, the court may order that the minor continue to be held in secure
detention in accordance with the applicable time periods specified in s. 985.26(1)(5), if
the court finds that the minor meets the criteria specified in s. 985.255, or if the court
finds by clear and convincing evidence that the minor is a clear and present danger to
himself or herself or the community. The Department of Juvenile Justice shall prepare a
form for all minors charged under this subsection which states the period of detention and
the relevant demographic information, including, but not limited to, the gender, age, and
race of the minor; whether or not the minor was represented by private counsel or a
public
defender; the current offense; and the minor’s complete prior record, including any
pending cases. The form shall be provided to the judge for determining whether the
minor should be continued in secure detention under this subsection. An order placing a
minor in secure detention because the minor is a clear and present danger to himself or
herself or the community must be in writing, must specify the need for detention and the
benefits derived by the minor or the community by placing the minor in secure detention,
and must include a copy of the form provided by the department.
Notwithstanding s. 985.245, if the minor is found to have committed an offense that
involves the use or possession of a firearm, as defined in s. 790.001, other than a
violation of subsection (3), or an offense during the commission of which the minor
possessed a firearm, and the minor is not committed to a residential commitment program
of the Department of Juvenile Justice, in addition to any other punishment provided by
law, the court shall order:
For a first offense, that the minor shall serve a minimum period of detention of 15
days in a secure detention facility; and
Perform 100 hours of community service; and may
Be placed on community control or in a nonresidential commitment program.
For a second or subsequent offense, that the minor shall serve a mandatory period of
detention of at least 21 days in a secure detention facility; and
Perform not less than 100 nor more than 250 hours of
community service; and may
Be placed on community control or in a nonresidential commitment program.
The minor shall not receive credit for time served before adjudication. For the
purposes of this subsection, community service shall be performed, if possible, in a
manner involving a hospital emergency room or other medical environment that deals on
a regular basis with trauma patients and gunshot wounds.
If a minor is found to have committed an offense under subsection (9), the court shall
impose the following penalties in addition to any penalty imposed under paragraph (9)(a)
or paragraph (9)(b):
(a) For a first offense:
If the minor is eligible by reason of age for a driver license or driving privilege, the
court shall direct the Department of Highway Safety and Motor Vehicles to revoke or to
withhold issuance of the minor’s driver license or driving privilege for up to 1 year.
If the minor’s driver license or driving privilege is under suspension or revocation for
any reason, the court shall direct the Department of Highway Safety and Motor Vehicles
to extend the period of suspension or revocation by an additional period for up to 1 year.
If the minor is ineligible by reason of age for a driver license or driving privilege, the
court shall direct the Department of Highway Safety and Motor Vehicles to withhold
issuance of the minor’s driver license or driving privilege for up to 1 year after
the date on which the minor would otherwise have become eligible.
(b) For a second or subsequent offense:
If the minor is eligible by reason of age for a driver license or driving privilege, the
court shall direct the Department of Highway Safety and Motor Vehicles to revoke or to
withhold issuance of the minor’s driver license or driving privilege for up to 2 years.
If the minor’s driver license or driving privilege is under suspension or revocation for
any reason, the court shall direct the Department of Highway Safety and Motor Vehicles
to extend the period of suspension or revocation by an additional period for up to 2 years.
If the minor is ineligible by reason of age for a driver license or driving privilege, the
court shall direct the Department of Highway Safety and Motor Vehicles to withhold
issuance of the minor’s driver license or driving privilege for up to 2 years after the date
on which the minor would otherwise have become eligible.
790.221. Possession of shortbarreled rifle, shortbarreled shotgun, or
machine gun; penalty.
It is unlawful for any person to own or to have in his or her care, custody, possession,
or control any shortbarreled rifle, shortbarreled shotgun, or machine gun which is, or
may readily be made, operable; but this section shall not apply to antique firearms.
A person who violates this section commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Firearms in violation hereof which are lawfully owned and possessed under
provisions of federal law are excepted.
790.225. Ballistic selfpropelled knives; unlawful to manufacture,
sell, or possess; forfeiture; penalty.
It is unlawful for any person to manufacture, display, sell, own, possess, or use a
ballistic selfpropelled knife which is a device that propels a knifelike blade as a
projectile and which physically separates the blade from the device by means of a coil
spring, elastic material, or compressed gas. A ballistic self propelled knife is declared to
be a dangerous or deadly weapon and a contraband item. It shall be subject to seizure and
shall be disposed of as provided in s. 790.08(1) and (6).
This section shall not apply to:
Any device from which a knifelike blade opens, where such blade remains physically
integrated with the device when open.
Any device which propels an arrow, a bolt, or a dart by means of any common bow,
compound bow, crossbow, or underwater spear gun.
Any person violating the provisions of subsection (1) is guilty of a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
790.23. Felons and delinquents; possession of firearms,
ammunition, or electric weapons or devices unlawful.
It is unlawful for any person to own or to have in his or her care, custody, possession,
or control any firearm, ammunition, or electric weapon or device, or to carry a concealed
weapon, including a tear gas gun or chemical weapon or device, if that person has been:
Convicted of a felony in the courts of this state;
Found, in the courts of this state, to have committed a delinquent act that would be a
felony if committed by an adult and such person is under 24 years of age;
Convicted of or found to have committed a crime against the United States which is
designated as a felony;
Found to have committed a delinquent act in another state, territory, or country that
would be a felony if committed by an adult and which was punishable by imprisonment
for a term exceeding 1 year and such person is under 24 years of age; or
Found guilty of an offense that is a felony in another state, territory, or country and
which was punishable by imprisonment for a term exceeding 1 year.
(2) This section shall not apply to a person:
Convicted of a felony whose civil rights and firearm authority have been restored.
Whose criminal history record has been expunged pursuant to s. 943.0515(1)(b).
Except as otherwise provided in subsection (4), any person
who violates this section commits a felony of the second degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
Notwithstanding the provisions of s. 874.04, if the offense described in subsection
(1) has been committed by a person who has previously qualified or currently qualifies
for the penalty enhancements provided for in s. 874.04, the offense is a felony of the first
degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s.
775.083, or s. 775.084.
790.233. Possession of firearm or ammunition prohibited when person is
subject to an injunction against committing acts of domestic violence, stalking, or
cyberstalking; penalties.
A person may not have in his or her care, custody, possession, or control any firearm
or ammunition if the person has been issued a final injunction that is currently in force
and effect, restraining that person from committing acts of domestic violence, as issued
under s. 741.30 or from committing acts of stalking or cyberstalking, as issued under s.
784.0485.
A person who violates subsection (1) commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
It is the intent of the Legislature that the disabilities regarding possession of firearms
and ammunition are consistent with federal law. Accordingly, this section does not apply
to a state or local officer as defined in s. 943.10(14), holding an active certification, who
receives or possesses a firearm or ammunition for use in performing official duties on
behalf of the officer’s employing agency, unless otherwise prohibited by the employing
agency.
790.235. Possession of firearm or ammunition by violent career criminal
unlawful; penalty.
Any person who meets the violent career criminal criteria under s. 775.084(1)(d),
regardless of whether such person is or has previously been sentenced as a violent career
criminal, who owns or has in his or her care, custody, possession, or control any firearm,
ammunition, or electric weapon or device, or carries a concealed weapon, including a tear
gas gun or chemical weapon or device, commits a felony of the first degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084. A person convicted of a violation of
this section shall be sentenced to a mandatory minimum of 15 years’ imprisonment;
however, if the person would be sentenced to a longer term of imprisonment under s.
775.084(4)(d), the person must be sentenced under that provision. A person convicted of
a violation of this section is not eligible for any form of discretionary early release, other
than pardon, executive clemency, or conditional medical release under s. 947.149.
For purposes of this section, the previous felony convictions necessary to meet the
violent career criminal criteria under s. 775.084(1)(d) may be convictions for felonies
committed as an adult or adjudications of delinquency for felonies committed as a
juvenile. In order to be counted as a prior felony for purposes of this section, the felony
must have resulted in a conviction sentenced separately, or an adjudication of
delinquency entered separately, prior to the current offense, and sentenced or adjudicated
separately from any other felony that is to be counted
as a prior felony.
This section shall not apply to a person whose civil rights and firearm authority have
been restored.
790.24. Report of medical treatment of certain wounds; penalty for
failure to report.
Any physician, nurse, or employee thereof and any employee of a hospital,
sanitarium, clinic, or nursing home knowingly treating any person suffering from a
gunshot wound or lifethreatening injury indicating an act of violence, or receiving a
request for such treatment, shall report the same immediately to the sheriff’s department
of the county in which said treatment is administered or request therefor received. This
section does not affect any requirement that a person has to report abuse pursuant to
chapter 39 or chapter 415. Any such person willfully failing to report such treatment or
request therefor is guilty of a misdemeanor of the first degree, punishable as provided in
s. 775.082 or s. 775.083.
790.25. Lawful ownership, possession, and use of firearms and other
weapons.
DECLARATION OF POLICY.—The Legislature finds as a matter of public policy
and fact that it is necessary to promote firearms safety and to curb and prevent the use of
firearms and other weapons in crime and by incompetent persons without prohibiting the
lawful use in defense of life, home, and property, and the use by United States or state
military organizations, and as otherwise now authorized by law, including the right to use
and own firearms for target practice and marksmanship on target
practice ranges or other lawful places, and lawful hunting and other lawful purposes.
(2) USES NOT AUTHORIZED.—
This section does not authorize carrying a concealed weapon without a permit, as
prohibited by ss. 790.01 and 790.02.
The protections of this section do not apply to the following:
A person who has been adjudged mentally incompetent, who is addicted to the use of
narcotics or any similar drug, or who is a habitual or chronic alcoholic, or a person using
weapons or firearms in violation of ss. 790.07790.115, 790.145790.19, 790.22790.24;
Vagrants and other undesirable persons as defined in s. 856.02;
A person in or about a place of nuisance as defined in s. 823.05, unless such person is
there for law enforcement or some other lawful purpose.
LAWFUL USES.—The provisions of ss. 790.053 and 790.06 do not apply in the
following instances, and, despite such sections, it is lawful for the following persons to
own, possess, and lawfully use firearms and other weapons, ammunition, and supplies for
lawful purposes:
Members of the Militia, National Guard, Florida State Defense Force, Army, Navy,
Air Force, Marine Corps, Coast Guard, organized reserves, and other armed forces of the
state and of the United States, when on duty, when training or preparing
themselves for military duty, or while subject to recall or mobilization;
Citizens of this state subject to duty in the Armed Forces under s. 2, Art. X of the
State Constitution, under chapters 250 and 251, and under federal laws, when on duty or
when training or preparing themselves for military duty;
Persons carrying out or training for emergency management duties under chapter
252;
Sheriffs, marshals, prison or jail wardens, police officers, Florida highway patrol
officers, game wardens, revenue officers, forest officials, special officers appointed under
the provisions of chapter 354, and other peace and law enforcement officers and their
deputies and assistants and fulltime paid peace officers of other states and of the Federal
Government who are carrying out official duties while in this state;
Officers or employees of the state or United States duly authorized to carry a
concealed weapon;
Guards or messengers of common carriers, express companies, armored car carriers,
mail carriers, banks, and other financial institutions, while actually employed in and
about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or
other thing of value within this state;
Regularly enrolled members of any organization duly authorized to purchase or
receive weapons from the United States or from this state, or regularly enrolled members
of clubs organized for target, skeet, or trap shooting, while at or going to or from
shooting practice; or regularly enrolled members of clubs
organized for modern or antique firearms collecting, while such members are at or going
to or from their collectors’ gun shows, conventions, or exhibits;
A person engaged in fishing, camping, or lawful hunting or going to or returning
from a fishing, camping, or lawful hunting expedition;
A person engaged in the business of manufacturing, repairing, or dealing in firearms,
or the agent or representative of any such person while engaged in the lawful course of
such business;
A person firing weapons for testing or target practice under safe conditions and in a
safe place not prohibited by law or going to or from such place;
A person firing weapons in a safe and secure indoor range for testing and target
practice;
A person traveling by private conveyance when the weapon is securely encased or in
a public conveyance when the weapon is securely encased and not in the person’s manual
possession;
A person while carrying a pistol unloaded and in a secure wrapper, concealed or
otherwise, from the place of purchase to his or her home or place of business or to a place
of repair or back to his or her home or place of business;
A person possessing arms at his or her home or place of business;
Investigators employed by the several public defenders of the state, while actually
carrying out official duties, provided such
investigators:
Are employed full time;
Meet the official training standards for firearms established by the Criminal Justice
Standards and Training Commission as provided in s. 943.12(5) and the requirements of
ss. 493.6108(1)
and 943.13(1)(4); and
Are individually designated by an affidavit of consent signed by the employing
public defender and filed with the clerk of the circuit court in the county in which the
employing public defender resides.
Investigators employed by the capital collateral regional counsel, while actually
carrying out official duties, provided such investigators:
Are employed full time;
Meet the official training standards for firearms as established by the Criminal Justice
Standards and Training Commission as provided in s. 943.12(1) and the requirements of
ss. 493.6108(1)(a) and 943.13(1)(4); and
Are individually designated by an affidavit of consent signed by the capital collateral
regional counsel and filed with the clerk of the circuit court in the county in which the
investigator is headquartered.
CONSTRUCTION.—This act shall be liberally construed to carry out the declaration
of policy herein and in favor of the constitutional right to keep and bear arms for lawful
purposes. This act is supplemental and additional to existing rights to bear
arms now guaranteed by law and decisions of the courts of Florida, and nothing herein
shall impair or diminish any of such rights. This act shall supersede any law, ordinance,
or regulation in conflict herewith.
(5) POSSESSION IN PRIVATE CONVEYANCE.— Notwithstanding subsection
(2), it is lawful and is not a violation of s. 790.01 for a person 18 years of age or older to
possess a concealed firearm or other weapon for selfdefense or other lawful purpose
within the interior of a private conveyance, without a license, if the firearm or other
weapon is securely encased or is otherwise not readily accessible for immediate use.
Nothing herein contained prohibits the carrying of a legal firearm other than a handgun
anywhere in a private conveyance when such firearm is being carried for a lawful use.
Nothing herein contained shall be construed to authorize the carrying of a concealed
firearm or other weapon on the person. This subsection shall be liberally construed in
favor of the lawful use, ownership, and possession of firearms and other weapons,
including lawful selfdefense as provided in s. 776.012.
790.27. Alteration or removal of firearm serial number or possession, sale,
or delivery of firearm with serial number altered or removed prohibited;
penalties.
(a) It is unlawful for any person to knowingly alter or remove the manufacturer’s or
importer’s serial number from a firearm with intent to disguise the true identity thereof.
Any person violating paragraph (a) is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(a) It is unlawful for any person to knowingly sell, deliver, or possess any firearm on
which the manufacturer’s or importer’s serial number has been unlawfully altered or
removed.
Any person violating paragraph (a) is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(3) This section shall not apply to antique firearms.
790.29. Paramilitary training; teaching or participation prohibited.
This act shall be known and may be cited as the “State Antiparamilitary Training
Act.”
As used in this section, the term “civil disorder” means a public disturbance
involving acts of violence by an assemblage of three or more persons, which disturbance
causes an immediate danger of, or results in, damage or injury to the property or person
of any other individual within the United States.
(a) Whoever teaches or demonstrates to any other person the use, application, or
making of any firearm, destructive device, or technique capable of causing injury or
death to persons, knowing or having reason to know or intending that the same will be
unlawfully employed for use in, or in furtherance of, a civil disorder within the United
States, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Whoever assembles with one or more persons for the purpose of training with,
practicing with, or being instructed in
the use of any firearm, destructive device, or technique capable of causing injury or death
to persons, intending to unlawfully employ the same for use in, or in furtherance of, a
civil disorder within the United States, is guilty of a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
Nothing contained in this section shall be construed to prohibit any act of a law
enforcement officer which is performed in connection with the lawful performance of his
or her official duties or to prohibit the training or teaching of the use of weapons to be
used for hunting, recreation, competition, selfdefense or the protection of one’s person
or property, or other lawful use.
790.31. Armorpiercing or exploding ammunition or dragon’s breath shotgun
shells, bolo shells, or flechette shells prohibited.
(1) As used in this section, the term:
“Armorpiercing bullet” means any bullet which has a steel inner core or core of
equivalent hardness and a truncated cone and which is designed for use in a handgun as
an armorpiercing or metalpiercing bullet.
“Exploding bullet” means any bullet that can be fired from any firearm, if such bullet
is designed or altered so as to detonate or forcibly break up through the use of an
explosive or deflagrant contained wholly or partially within or attached to such bullet.
The term does not include any bullet designed to expand or break up through the
mechanical forces of impact alone or any signaling device or pest control device not
designed to impact on any target.
“Handgun” means a firearm capable of being carried and
used by one hand, such as a pistol or revolver.
“Dragon’s breath shotgun shell” means any shotgun shell that contains exothermic
pyrophoric misch metal as the projectile and that is designed for the sole purpose of
throwing or spewing a flame or fireball to simulate a flamethrower.
“Bolo shell” means any shell that can be fired in a firearm and that expels as
projectiles two or more metal balls connected by solid metal wire.
“Flechette shell” means any shell that can be fired in a firearm and that expels two or
more pieces of finstabilized solid metal wire or two or more solid darttype projectiles.
(a) Any person who manufactures, sells, offers for sale, or delivers any armor
piercing bullet or exploding bullet, or dragon’s breath shotgun shell, bolo shell, or
flechette shell is guilty of a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Any person who possesses an armorpiercing bullet or exploding bullet with
knowledge of its armorpiercing or exploding capabilities loaded in a handgun, or who
possesses a dragon’s breath shotgun shell, bolo shell, or flechette shell with knowledge of
its capabilities loaded in a firearm, is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who possesses with intent to use an armorpiercing bullet or exploding
bullet or dragon’s breath shotgun shell, bolo shell, or flechette shell to assist in the
commission of a criminal act is guilty of a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) This section does not apply to:
The possession of any item described in subsection (1) by any law enforcement
officer, when possessed in connection with the performance of his or her duty as a law
enforcement officer, or law enforcement agency.
The manufacture of items described in subsection (1) exclusively for sale or delivery
to law enforcement agencies.
The sale or delivery of items described in subsection (1) to law enforcement
agencies.
790.33. Field of regulation of firearms and ammunition preempted.
PREEMPTION.—Except as expressly provided by the State Constitution or general
law, the Legislature hereby declares that it is occupying the whole field of regulation of
firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture,
ownership, possession, storage, and transportation thereof, to the exclusion of all existing
and future county, city, town, or municipal ordinances or any administrative regulations
or rules adopted by local or state government relating thereto. Any such existing
ordinances, rules, or regulations are hereby declared null and void.
POLICY AND INTENT.—
It is the intent of this section to provide uniform firearms laws in the state; to declare
all ordinances and regulations null and void which have been enacted by any jurisdictions
other than state
and federal, which regulate firearms, ammunition, or components thereof; to prohibit the
enactment of any future ordinances or regulations relating to firearms, ammunition, or
components thereof unless specifically authorized by this section or general law; and to
require local jurisdictions to enforce state firearms laws.
It is further the intent of this section to deter and prevent the violation of this section
and the violation of rights protected under the constitution and laws of this state related to
firearms, ammunition, or components thereof, by the abuse of official authority that
occurs when enactments are passed in violation of state law or under color of local or
state authority.
(3) PROHIBITIONS; PENALTIES.—
Any person, county, agency, municipality, district, or other entity that violates the
Legislature’s occupation of the whole field of regulation of firearms and ammunition, as
declared in subsection (1), by enacting or causing to be enforced any local ordinance or
administrative rule or regulation impinging upon such exclusive occupation of the field
shall be liable as set forth herein.
If any county, city, town, or other local government violates this section, the court
shall declare the improper ordinance, regulation, or rule invalid and issue a permanent
injunction against the local government prohibiting it from enforcing such ordinance,
regulation, or rule. It is no defense that in enacting the ordinance, regulation, or rule the
local government was acting in good faith or upon advice of counsel.
If the court determines that a violation was knowing and
willful, the court shall assess a civil fine of up to $5,000 against the elected or appointed
local government official or officials or administrative agency head under whose
jurisdiction the violation occurred.
Except as required by applicable law, public funds may not be used to defend or
reimburse the unlawful conduct of any person found to have knowingly and willfully
violated this section.
A knowing and willful violation of any provision of this section by a person acting in
an official capacity for any entity enacting or causing to be enforced a local ordinance or
administrative rule or regulation prohibited under paragraph (a) or otherwise under color
of law shall be cause for termination of employment or contract or removal from office
by the Governor.
A person or an organization whose membership is adversely affected by any
ordinance, regulation, measure, directive, rule, enactment, order, or policy promulgated
or caused to be enforced in violation of this section may file suit against any county,
agency, municipality, district, or other entity in any court of this state having jurisdiction
over any defendant to the suit for declaratory and injunctive relief and for actual
damages, as limited herein, caused by the violation. A court shall award the prevailing
plaintiff in any such suit:
Reasonable attorney’s fees and costs in accordance with the laws of this state,
including a contingency fee multiplier, as authorized by law; and
The actual damages incurred, but not more than $100,000.
Interest on the sums awarded pursuant to this subsection shall accrue at the legal rate
from the date on which suit was filed.
(4) EXCEPTIONS.—This section does not prohibit:
Zoning ordinances that encompass firearms businesses along with other businesses,
except that zoning ordinances that are designed for the purpose of restricting or
prohibiting the sale, purchase, transfer, or manufacture of firearms or ammunition as a
method of regulating firearms or ammunition are in conflict with this subsection and are
prohibited;
A duly organized law enforcement agency from enacting and enforcing regulations
pertaining to firearms, ammunition, or firearm accessories issued to or used by peace
officers in the course of their official duties;
Except as provided in s. 790.251, any entity subject to the prohibitions of this section
from regulating or prohibiting the carrying of firearms and ammunition by an employee
of the entity during and in the course of the employee’s official duties;
A court or administrative law judge from hearing and resolving any case or
controversy or issuing any opinion or order on a matter within the jurisdiction of that
court or judge; or
The Florida Fish and Wildlife Conservation Commission from regulating the use of
firearms or ammunition as a method of taking wildlife and regulating the shooting ranges
managed by the commission.
SHORT TITLE.—As created by chapter 8723, Laws of Florida, this section may be
cited as the “Joe Carlucci Uniform Firearms Act.”
790.335. Prohibition of registration of firearms; electronic records.
LEGISLATIVE FINDINGS AND INTENT.—
(a) The Legislature finds and declares that:
The right of individuals to keep and bear arms is guaranteed under both the
Second
Amendment to the United States Constitution
and s. 8, Art. I of the State Constitution.
A list, record, or registry of legally owned firearms or lawabiding firearm owners is
not a law enforcement tool and can become an instrument for profiling, harassing, or
abusing lawabiding citizens based on their choice to own a firearm and exercise their
Second Amendment right to keep and bear arms as guaranteed under the United States
Constitution. Further, such a list, record, or registry has the potential to fall into the
wrong hands and become a shopping list for thieves.
A list, record, or registry of legally owned firearms or lawabiding firearm owners is
not a tool for fighting terrorism, but rather is an instrument that can be used as a means to
profile innocent citizens and to harass and abuse American citizens based solely on their
choice to own firearms and exercise their Second Amendment right to keep and bear
arms as guaranteed under the United States Constitution.
Lawabiding firearm owners whose names have been illegally recorded in a list,
record, or registry are entitled to redress.
The Legislature intends through the provisions of this section to:
Protect the right of individuals to keep and bear arms as guaranteed under both the
Second Amendment to the United States Constitution and
s. 8, Art. I of the State
Constitution.
Protect the privacy rights of lawabiding firearm owners.
transferred for purposes of accumulation of such records into lists, registries, or
databases.
Notwithstanding subparagraph 3., secondhand dealers and pawnbrokers may
electronically submit firearm transaction records to the appropriate law enforcement
agencies as required by chapters 538 and 539; however, the law enforcement agencies
may not electronically submit such records to any other person or entity and must destroy
such records within 60 days after receipt of such records.
Notwithstanding subparagraph 3., secondhand dealers and pawnbrokers may
electronically submit limited firearms records consisting solely of the manufacturer,
model, serial number, and caliber of pawned or purchased firearms to a thirdparty
private provider that is exclusively incorporated, exclusively owned, and exclusively
operated in the United States and that restricts access to such information to only
appropriate law enforcement agencies for legitimate law enforcement purposes. Such
records must be destroyed within 30 days by the thirdparty provider. As a condition of
receipt of such records, the thirdparty provider must agree in writing to comply with the
requirements of this section. Any pawnbroker or secondhand dealer who contracts with a
thirdparty provider other than as provided in this act or electronically transmits any
records of firearms transactions to any thirdparty provider other than the records
specifically allowed by this paragraph commits a felony of the second degree, punishable
as provided in s. 775.082 or s. 775.083.
Records kept by the Department of Law Enforcement of NCIC transactions to the
extent required by federal law and a log of dates of requests for criminal history record
checks, unique
approval and nonapproval numbers, license identification numbers, and transaction
numbers corresponding to such dates.
Records of an insurer that, as a condition to providing insurance against theft or loss
of a firearm, identify such firearm. Such records may not be sold, commingled with
records relating to other firearms, or transferred to any other person or entity. The insurer
may not keep a record of such firearm more than 60 days after the policy of insurance
expires or after notification by the insured that the insured is no longer the owner of such
firearm.
Lists of customers of a firearm dealer retained by such dealer, provided that such lists
do not disclose the particular firearms purchased. Such lists, or any parts thereof, may not
be sold, commingled with records relating to other firearms, or transferred to any other
person or entity.
Sales receipts retained by the seller of firearms or by a person providing credit for
such purchase, provided that such receipts shall not serve as or be used for the creation of
a database for registration of firearms.
Personal records of firearms maintained by the owner of such firearms.
Records maintained by a business that stores or acts as the selling agent of firearms
on behalf of the lawful owner of the firearms.
Membership lists of organizations comprised of firearm owners.
Records maintained by an employer or contracting entity of the firearms owned by its
officers, employees, or agents, if such
firearms are used in the course of business performed on behalf of the employer.
Records maintained pursuant to s. 790.06 by the Department of Agriculture and
Consumer Services of a person who was a licensee within the prior 2 years.
Records of firearms involved in criminal investigations, criminal prosecutions,
criminal appeals, and postconviction motions, civil proceedings relating to the surrender
or seizure of firearms including protective injunctions, Baker Act commitments, and
sheriff’s levies pursuant to court judgments, and voluntary surrender by the owner or
custodian of the firearm.
Paper documents relating to firearms involved in criminal cases, criminal
investigations, and criminal prosecutions, civil proceedings relating to the surrender or
seizure of firearms including protective injunctions, Baker Act commitments, and
sheriff’s levies pursuant to court judgments, and voluntary surrender by the owner or
custodian of the firearm.
Noncriminal records relating to the receipt, storage or return of firearms, including,
but not limited to, records relating to firearms impounded for storage or safekeeping,
receipts proving that a firearm was returned to the rightful owner and supporting records
of identification and proof of ownership, or records relating to firearms impounded
pursuant to levies or court orders, provided, however, that such records shall not be
compiled, sorted, or otherwise arranged into any lists, indexes, or registries of firearms or
firearms owners.
(4) PENALTIES.—
Any person who, or entity that, violates a provision of this section commits a felony
of the third degree, punishable as provided in s. 775.082 or s. 775.083.
[Remainder intentionally omitted.]
CHAPTER 791
SALE OF FIREWORKS
791.01. Definitions.
As used in this chapter, the term:
“Distributor” means any person engaged in the business of selling sparklers to a
wholesaler.
“Division” means the Division of the State Fire Marshal of the Department of
Financial Services.
“Explosive compound” means any chemical compound, mixture, or device the
primary or common purpose of which is to function by the substantially instantaneous
release of gas and heat.
(a) “Fireworks” means and includes any combustible or explosive composition or
substance or combination of substances or, except as hereinafter provided, any article
prepared for the purpose of producing a visible or audible effect by combustion,
explosion, deflagration, or detonation. The term includes blank cartridges and toy
cannons in which explosives are used, the type of balloons which require fire underneath
to propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any
fireworks containing any explosives or flammable compound or any tablets or other
device containing any explosive substance.
“Fireworks” does not include sparklers approved by the division pursuant to s.
791.013; toy pistols, toy canes, toy guns, or other devices in which paper caps containing
twentyfive hundredths grains or less of explosive compound are used,
providing they are so constructed that the hand cannot come in contact with the cap when
in place for the explosion; and toy pistol paper caps which contain less than twenty
hundredths grains of explosive mixture, the sale and use of which shall be permitted at all
times.
“Fireworks” also does not include the following novelties and trick noisemakers:
A snake or glow worm, which is a pressed pellet of not more than 10 grams of
pyrotechnic composition that produces a large, snakelike ash which expands in length as
the pellet burns and that does not contain mercuric thiocyanate.
A smoke device, which is a tube or sphere containing not more than 10 grams of
pyrotechnic composition that, upon burning, produces white or colored smoke as the
primary effect.
A trick noisemaker, which is a device that produces a small report intended to
surprise the user and which includes:
a. A party popper, which is a small plastic or paper device containing not more than
16 milligrams of explosive composition that is friction sensitive, which is ignited by
pulling a string protruding from the device, and which expels a paper streamer and
produces a small report.
b. A booby trap, which is a small tube with a string protruding from both ends
containing not more than 16 milligrams of explosive compound, which is ignited by
pulling the ends of the string, and which produces a small report.
c. A snapper, which is a small, paperwrapped device containing not more than four
milligrams of explosive
composition coated on small bits of sand, and which, when dropped, explodes, producing
a small report. A snapper may not contain more than 250 milligrams of total sand and
explosive composition.
d. A trick match, which is a kitchen or book match which is coated with not more
than 16 milligrams of explosive or pyrotechnic composition and which, upon ignition,
produces a small report or shower of sparks.
e. A cigarette load, which is a small wooden peg that has been coated with not more
than 16 milligrams of explosive composition and which produces, upon ignition of a
cigarette containing one of the pegs, a small report.
f. An auto burglar alarm, which is a tube which contains not more than 10 grams of
pyrotechnic composition that produces a loud whistle or smoke when ignited and which
is ignited by use of a squib. A small quantity of explosive, not exceeding 50 milligrams,
may also be used to produce a small report.
The sale and use of items listed in this paragraph are permitted at all times.
“Manufacturer” means any person engaged in the manufacture or construction of
sparklers in this state.
“Retailer” means any person who, at a fixed place of business, is engaged in selling
sparklers to consumers at retail.
“Seasonal retailer” means any person engaged in the business of selling sparklers at
retail in this state from June 20 through July 5 and from December 10 through January 2
of each year.
“Sparkler” means a device which emits showers of sparks upon burning, does not
contain any explosive compounds, does not detonate or explode, is handheld or ground
based, cannot propel itself through the air, and contains not more than 100 grams of the
chemical compound which produces sparks upon burning. Any sparkler that is not
approved by the division is classified as fireworks.
“Wholesaler” means any person engaged in the business of selling sparklers to a
retailer.
791.013. Testing and approval of sparklers; penalties.
A person who wishes to sell sparklers must submit samples of his or her product to
the division for testing to determine whether it is a sparkler as defined in s. 791.01. Such
samples must be received by the division by September 1 to be considered for approval
the following year. On February 1 of each year the division shall approve those products
which it has tested and found to meet the requirements for sparklers. All approved
sparkler products are legal for sale until January 31 of the following year. The list of
approved sparkler products shall be published in the Florida Administrative Register and
shall prominently state the dates between which the products may be sold. The division
shall make copies of this list available to the public. A product must be tested and
approved for sale in accordance with the rules adopted to implement this section.
Beginning February 1, 1988, only those products approved by the division may be sold in
the state. The State Fire Marshal shall adopt rules describing the testing, approval, and
listing procedures.
Any person who alters an approved sparkler product, so that it is no longer a sparkler
as defined in s. 791.01, and subsequently sells the product as if it were approved is guilty
of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Any person who fraudulently represents a device as approved for sale as a sparkler
product when it is not so approved is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
For purposes of the testing requirement by this section, the division shall perform
such tests as are necessary to determine compliance with the performance standards in
the definition of sparklers, pursuant to s. 791.01. The State Fire Marshal shall adopt, by
rule, procedures for testing products to determine compliance with this chapter. The
Division of Investigative and Forensic Services shall dispose of any samples which
remain after testing.
791.02. Sale of fireworks regulated; rules and regulations.
Except as hereinafter provided it is unlawful for any person, firm, copartnership, or
corporation to offer for sale, expose for sale, sell at retail, or use or explode any
fireworks; provided that the board of county commissioners shall have power to adopt
reasonable rules and regulations for the granting of permits for supervised public display
of fireworks by fair associations, amusement parks, and other organizations or groups of
individuals when such public display is to take place outside of any municipality;
provided, further, that the governing body of any municipality shall have power to adopt
reasonable rules and regulations for the granting of permits for supervised public
display of fireworks within the boundaries of any municipality. Every such display shall
be handled by a competent operator to be approved by the chiefs of the police and fire
departments of the municipality in which the display is to be held, and shall be of such a
character, and so located, discharged, or fired as in the opinion of the chief of the fire
department, after proper inspection, shall not be hazardous to property or endanger any
person. Application for permits shall be made in writing at least 15 days in advance of the
date of the display. After such privilege shall have been granted, sales, possession, use,
and distribution of fireworks for such display shall be lawful for that purpose only. No
permit granted hereunder shall be transferable.
A sparkler or other product authorized for sale under this chapter may not be sold by
a retailer or seasonal retailer unless the product was obtained from a manufacturer,
distributor, or wholesaler registered with the division pursuant to s. 791.015. Each retailer
and seasonal retailer shall keep, at every location where sparklers are sold, a copy of an
invoice or other evidence of purchase from the manufacturer, distributor, or wholesaler,
which states the registration certificate number for the particular manufacturer,
distributor, or wholesaler and the specific items covered by the invoice. Each seasonal
retailer shall, in addition, exhibit a copy of his or her registration certificate at each
seasonal retail location.
791.05. Seizure of illegal fireworks.
Each sheriff, or his or her appointee, or any other police officer, shall seize, take,
remove or cause to be removed at the expense of the owner, all stocks of fireworks or
combustibles offered or
exposed for sale, stored, or held in violation of this chapter.
791.055. Restrictions upon storage of sparklers.
(1) Sparklers shall not be stored or kept for sale in any store:
In which paints, oils, or varnishes are manufactured or kept for use or sale unless the
paints, oils, or varnishes are in unbroken containers.
In which resin, turpentine, gasoline, or flammable substances or substances which
may generate vapors are used, stored, or offered for sale unless the resin, turpentine,
gasoline, or substances are in unbroken containers.
In which there is not at least one approved chemical fire extinguisher ready,
available, and equipped for use in extinguishing fires.
When sparklers are in storage to be offered for sale at retail, a sign shall be
conspicuously displayed over the entrance to the room in which the sparklers are stored,
which sign reads: “CAUTION SPARKLERSNO SMOKING.” No person shall be in
such room while in possession of a lighted cigar, cigarette, or pipe.
791.06. Penalties.
Any firm, copartnership, or corporation violating the provisions of this chapter shall
be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083 or, in
the case of individuals, the members of a partnership and the responsible officers and
agents of an association or corporation, punishable as
provided in s. 775.082 or s. 775.083.
CHAPTER 794
SEXUAL BATTERY
794.005. Legislative findings and intent as to basic charge of sexual battery.
The Legislature finds that the least serious sexual battery offense, which is provided
in s. 794.011(5), was intended, and remains intended, to serve as the basic charge of
sexual battery and to be necessarily included in the offenses charged under subsections
(3) and (4), within the meaning of s. 924.34; and that it was never intended that the sexual
battery offense described in s. 794.011(5) require any force or violence beyond the force
and violence that is inherent in the accomplishment of “penetration” or “union.”
794.011. Sexual battery.
(1) As used in this chapter:
“Consent” means intelligent, knowing, and voluntary consent and does not include
coerced submission. “Consent” shall not be deemed or construed to mean the failure by
the alleged victim to offer physical resistance to the offender.
“Mentally defective” means a mental disease or defect which renders a person
temporarily or permanently incapable of appraising the nature of his or her conduct.
“Mentally incapacitated” means temporarily incapable of appraising or controlling a
person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating
substance administered without his or her consent or due to any other act
committed upon that person without his or her consent.
“Offender” means a person accused of a sexual offense in violation of a provision of
this chapter.
“Physically helpless” means unconscious, asleep, or for any other reason physically
unable to communicate unwillingness to an act.
“Retaliation” includes, but is not limited to, threats of future physical punishment,
kidnapping, false imprisonment or forcible confinement, or extortion.
“Serious personal injury” means great bodily harm or pain, permanent disability, or
permanent disfigurement.
“Sexual battery” means oral, anal, or vaginal penetration by, or union with, the
sexual organ of another or the anal or vaginal penetration of another by any other object;
however, sexual battery does not include an act done for a bona fide medical purpose.
“Victim” means a person who has been the object of a sexual offense.
“Physically incapacitated” means bodily impaired or handicapped and substantially
limited in ability to resist or flee.
(a) A person 18 years of age or older who commits sexual battery upon, or in an
attempt to commit sexual battery injures the sexual organs of, a person less than 12 years
of age commits a capital felony, punishable as provided in ss. 775.082 and 921.141.
A person less than 18 years of age who commits sexual battery upon, or in an attempt
to commit sexual battery injures the
sexual organs of, a person less than 12 years of age commits a life felony, punishable as
provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
A person who commits sexual battery upon a person 12 years of age or older, without
that person’s consent, and in the process thereof uses or threatens to use a deadly weapon
or uses actual physical force likely to cause serious personal injury commits a life felony,
punishable as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115.
(a) A person 18 years of age or older who commits sexual battery upon a person 12
years of age or older but younger than 18 years of age without that person’s consent,
under any of the circumstances listed in paragraph (e), commits a felony of the first
degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s.
775.083, s. 775.084, or s. 794.0115.
A person 18 years of age or older who commits sexual battery upon a person 18 years
of age or older without that person’s consent, under any of the circumstances listed in
paragraph (e), commits a felony of the first degree, punishable as provided in s. 775.082,
s. 775.083, s. 775.084, or s. 794.0115.
A person younger than 18 years of age who commits sexual battery upon a person 12
years of age or older without that person’s consent, under any of the circumstances listed
in paragraph (e), commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, s. 775.084, or s. 794.0115.
A person commits a felony of the first degree, punishable by a term of years not
exceeding life or as provided in s. 775.082, s. 775.083, s. 775.084, or s. 794.0115 if the
person commits
sexual battery upon a person 12 years of age or older without that person’s consent, under
any of the circumstances listed in paragraph (e), and such person was previously
convicted of a violation of:
Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a
minor and, in the course of committing that violation, the defendant committed against
the minor a sexual battery under this chapter or a lewd act under s. 800.04 or s.
847.0135(5);
Section 787.01(3)(a)2. or 3.;
Section 787.02(3)(a)2. or 3.;
Section 800.04;
Section 825.1025;
Section 847.0135(5); or
This chapter, excluding subsection (10) of this section.
The following circumstances apply to paragraphs (a)(d): 1. The victim is
physically helpless to resist.
The offender coerces the victim to submit by threatening to use force or violence
likely to cause serious personal injury on the victim, and the victim reasonably believes
that the offender has the present ability to execute the threat.
The offender coerces the victim to submit by threatening to retaliate against the
victim, or any other person, and the victim reasonably believes that the offender has the
ability to execute the threat in the future.
The offender, without the prior knowledge or consent of the victim, administers or
has knowledge of someone else administering to the victim any narcotic, anesthetic, or
other intoxicating substance that mentally or physically incapacitates the victim.
The victim is mentally defective, and the offender has reason to believe this or has
actual knowledge of this fact.
The victim is physically incapacitated.
Section 787.02(3)(a)2. or 3.;
Section 800.04;
Section 825.1025;
Section 847.0135(5); or
This chapter, excluding subsection (10) of this section.
(a) The offenses described in paragraphs (5)(a)(c) are included in any sexual battery
offense charged under subsection
(3).
The offense described in paragraph (5)(a) is included in an offense charged under
paragraph (4)(a).
The offense described in paragraph (5)(b) is included in an offense charged under
paragraph (4)(b).
The offense described in paragraph (5)(c) is included in an offense charged under
paragraph (4)(c).
The offense described in paragraph (5)(d) is included in an offense charged under
paragraph (4)(d).
A person who is convicted of committing a sexual battery on or after October 1,
1992, is not eligible for basic gaintime under s. 944.275. This subsection may be cited as
the “Junny RiosMartinez, Jr. Act of 1992.”
Without regard to the willingness or consent of the victim, which is not a defense to
prosecution under this subsection, a person who is in a position of familial or custodial
authority to a person less than 18 years of age and who:
Solicits that person to engage in any act which would constitute sexual battery under
paragraph (1)(h) commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Engages in any act with that person while the person is 12 years of age or older but
younger than 18 years of age which constitutes sexual battery under paragraph (1)(h)
commits a
felony of the first degree, punishable by a term of years not exceeding life or as provided
in s. 775.082, s. 775.083, or s. 775.084.
Engages in any act with that person while the person is less than 12 years of age
which constitutes sexual battery under paragraph (1)(h), or in an attempt to commit
sexual battery injures the sexual organs of such person commits a capital or life felony,
punishable pursuant to subsection (2).
For prosecution under paragraph (4)(a), paragraph (4)(b), paragraph (4)(c), or
paragraph (4)(d) which involves an offense committed under any of the circumstances
listed in subparagraph
(4)(e)7., acquiescence to a person reasonably believed by the victim to be in a position of
authority or control does not constitute consent, and it is not a defense that the perpetrator
was not actually in a position of control or authority if the circumstances were such as to
lead the victim to reasonably believe that the person was in such a position.
A person who falsely accuses a person listed in subparagraph (4)(e)7. or other person
in a position of control or authority as an agent or employee of government of violating
paragraph (4)(a), paragraph (4)(b), paragraph (4)(c), or paragraph
(4)(d) commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
794.0115. Dangerous sexual felony offender; mandatory sentencing.
This section may be cited as the “Dangerous Sexual Felony Offender Act.”
Any person who is convicted of a violation of s. 787.025(2) (c); s. 794.011(2), (3),
(4), (5), or (8); s. 800.04(4) or (5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); or s.
847.0145; or of any similar offense under a former designation, which offense the person
committed when he or she was 18 years of age or older, and the person:
Caused serious personal injury to the victim as a result of the commission of the
offense;
Used or threatened to use a deadly weapon during the commission of the offense;
Victimized more than one person during the course of the criminal episode applicable
to the offense;
Committed the offense while under the jurisdiction of a court for a felony offense
under the laws of this state, for an offense that is a felony in another jurisdiction, or for an
offense that would be a felony if that offense were committed in this state; or
Has previously been convicted of a violation of s. 787.025(2)(c); s. 794.011(2), (3),
(4), (5), or (8); s. 800.04(4) or
(5); s. 825.1025(2) or (3); s. 827.071(2), (3), or (4); s. 847.0145; of any offense under a
former statutory designation which is similar in elements to an offense described in this
paragraph; or of any offense that is a felony in another jurisdiction, or would be a felony
if that offense were committed in this state, and which is similar in elements to an offense
described in this paragraph,
is a dangerous sexual felony offender, who must be sentenced to a mandatory
minimum term of 25 years imprisonment up to,
and including, life imprisonment. If the offense described in this subsection was
committed on or after October 1, 2014, a person who qualifies as a dangerous sexual
felony offender pursuant to this subsection must be sentenced to a mandatory minimum
term of 50 years imprisonment up to, and including, life imprisonment.
“Serious personal injury” means great bodily harm or pain, permanent disability, or
permanent disfigurement.
The offense described in subsection (2) which is being charged must have been
committed after the date of commission of the last prior conviction for an offense that is a
prior conviction described in paragraph (2)(e).
It is irrelevant that a factor listed in subsection (2) is an element of an offense
described in that subsection. It is also irrelevant that such an offense was reclassified to a
higher felony degree under s. 794.023 or any other law.
Notwithstanding s. 775.082(3), chapter 958, any other law, or any interpretation or
construction thereof, a person subject to sentencing under this section must be sentenced
to the mandatory term of imprisonment provided under this section. If the mandatory
minimum term of imprisonment imposed under this section exceeds the maximum
sentence authorized under s. 775.082, s. 775.084, or chapter 921, the mandatory
minimum term of imprisonment under this section must be imposed. If the mandatory
minimum term of imprisonment under this section is less than the sentence that could be
imposed under s. 775.082, s. 775.084, or chapter 921, the sentence imposed must include
the mandatory minimum term of imprisonment under this section.
A defendant sentenced to a mandatory minimum term of
imprisonment under this section is not eligible for statutory gaintime under s. 944.275 or
any form of discretionary early release, other than pardon or executive clemency, or
conditional medical release under s. 947.149, before serving the minimum sentence.
794.02. Commonlaw presumption relating to age abolished.
The commonlaw rule “that a boy under 14 years of age is conclusively presumed to
be incapable of committing the crime of rape” shall not be in force in this state.
794.021. Ignorance or belief as to victim’s age no defense.
When, in this chapter, the criminality of conduct depends upon the victim’s being
below a certain specified age, ignorance of the age is no defense. Neither shall
misrepresentation of age by such person nor a bona fide belief that such person is over
the specified age be a defense.
794.022. Rules of evidence.
The testimony of the victim need not be corroborated in a prosecution under s.
787.06, s. 794.011, or s. 800.04.
Specific instances of prior consensual sexual activity between the victim and any
person other than the offender may not be admitted into evidence in a prosecution under
s. 787.06, s. 794.011, or s. 800.04. However, such evidence may be admitted if it is first
established to the court in a proceeding in camera that such evidence may prove that the
defendant was not the source of the semen, pregnancy, injury, or disease; or, when
consent by the
victim is at issue, such evidence may be admitted if it is first established to the court in a
proceeding in camera that such evidence tends to establish a pattern of conduct or
behavior on the part of the victim which is so similar to the conduct or behavior in the
case that it is relevant to the issue of consent.
Notwithstanding any other provision of law, reputation evidence relating to a
victim’s prior sexual conduct or evidence presented for the purpose of showing that
manner of dress of the victim at the time of the offense incited the sexual battery may not
be admitted into evidence in a prosecution under s. 787.06, s. 794.011, or s. 800.04.
When consent of the victim is a defense to prosecution under s. 787.06, s. 794.011, or
s. 800.04, evidence of the victim’s mental incapacity or defect is admissible to prove that
the consent was not intelligent, knowing, or voluntary; and the court shall instruct the
jury accordingly.
An offender’s use of a prophylactic device, or a victim’s request that an offender use
a prophylactic device, is not, by itself, relevant to either the issue of whether or not the
offense was committed or the issue of whether or not the victim consented.
794.023. Sexual battery by multiple perpetrators;
reclassification of offenses.
The Legislature finds that an act of sexual battery, when committed by more than one
person, presents a great danger to the public and is extremely offensive to civilized
society. It is therefore the intent of the Legislature to reclassify offenses for acts of sexual
battery committed by more than one person.
A violation of s. 794.011 shall be reclassified as provided in this subsection if it is
charged and proven by the prosecution that, during the same criminal transaction or
episode, more than one person committed an act of sexual battery on the same victim.
A felony of the second degree is reclassified to a felony of the first degree.
A felony of the first degree is reclassified to a life felony.
This subsection does not apply to life felonies or capital felonies. For purposes of
sentencing under chapter 921 and determining incentive gaintime eligibility under
chapter 944, a felony offense that is reclassified under this subsection is ranked one level
above the ranking under s. 921.0022 or s. 921.0023 of the offense committed.
794.024. Unlawful to disclose identifying information.
A public employee or officer who has access to the photograph, name, or address of a
person who is alleged to be the victim of an offense described in this chapter, chapter
800, s. 827.03, s. 827.04, or s. 827.071 may not willfully and knowingly disclose it to a
person who is not assisting in the investigation or prosecution of the alleged offense or to
any person other than the defendant, the defendant’s attorney, a person specified in an
order entered by the court having jurisdiction of the alleged offense, or organizations
authorized to receive such information made exempt by s. 119.071(2)(h), or to a rape
crisis center or sexual assault counselor, as defined in s. 90.5035(1)(b), who will be
offering services to the victim.
A violation of subsection (1) constitutes a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s.
775.083.
794.027. Duty to report sexual battery; penalties.
A person who observes the commission of the crime of sexual battery and who:
Has reasonable grounds to believe that he or she has observed the commission of a
sexual battery;
Has the present ability to seek assistance for the victim or victims by immediately
reporting such offense to a law enforcement officer;
Fails to seek such assistance;
Would not be exposed to any threat of physical violence for seeking such assistance;
Is not the husband, wife, parent, grandparent, child, grandchild, brother, or sister of
the offender or victim, by consanguinity or affinity; and
Is not the victim of such sexual battery
is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083.
794.03. Unlawful to publish or broadcast information identifying
sexual offense victim.
No person shall print, publish, or broadcast, or cause or allow to be printed,
published, or broadcast, in any instrument of mass communication the name, address, or
other identifying fact or
information of the victim of any sexual offense within this chapter, except as provided in
s. 119.071(2)(h) or unless the court determines that such information is no longer
confidential and exempt pursuant to s. 92.56. An offense under this section shall
constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083.
794.05. Unlawful sexual activity with certain minors.
A person 24 years of age or older who engages in sexual activity with a person 16 or
17 years of age commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. As used in this section, “sexual activity” means oral,
anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or
vaginal penetration of another by any other object; however, sexual activity does not
include an act done for a bona fide medical purpose.
The provisions of this section do not apply to a person 16 or 17 years of age who has
had the disabilities of nonage removed under chapter 743.
The victim’s prior sexual conduct is not a relevant issue in a prosecution under this
section.
If an offense under this section directly results in the victim giving birth to a child,
paternity of that child shall be established as described in chapter 742. If it is determined
that the offender is the father of the child, the offender must pay child support pursuant to
the child support guidelines described in chapter 61.
794.075. Sexual predators; erectile dysfunction drugs.
A person may not possess a prescription drug, as defined in s. 499.003(40), for the
purpose of treating erectile dysfunction if the person is designated as a sexual predator
under s. 775.21.
A person who violates a provision of this section for the first time commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A
person who violates a provision of this section a second or subsequent time commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
794.08. Female genital mutilation.
As used in this section, the term “female genital mutilation” means the circumcising,
excising, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of
a female person.
A person who knowingly commits, or attempts to commit, female genital mutilation
upon a female person younger than 18 years of age commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who knowingly removes, or causes or permits the removal of, a female
person younger than 18 years of age from this state for purposes of committing female
genital mutilation commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A person who is a parent, a guardian, or in a position of familial or custodial
authority to a female person younger than 18 years of age and who knowingly consents to
or permits the female genital mutilation of that female person commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or
775.084.
This section does not apply to procedures performed by or under the direction of a
physician licensed under chapter 458, an osteopathic physician licensed under chapter
459, a registered nurse licensed under part I of chapter 464, a practical nurse licensed
under part I of chapter 464, an advanced registered nurse practitioner licensed under part
I of chapter 464, a midwife licensed under chapter 467, or a physician assistant licensed
under chapter 458 or chapter 459 when necessary to preserve the physical health of a
female person. This section also does not apply to any autopsy or limited dissection
conducted pursuant to chapter 406.
Consent of a female person younger than 18 years of age or the consent of a parent,
guardian, or person who is in a position of familial or custodial authority to the female
person younger than 18 years of age is not a defense to the offense of female genital
mutilation.
CHAPTER 796
PROSTITUTION
796.001. Offenses by adults involving minors; intent.
It is the intent of the Legislature that adults who involve minors in any behavior
prohibited under this chapter be prosecuted under other laws of this state, such as, but not
limited to, s. 787.06, chapter 794, chapter 800, s. 810.145, chapter 827, and chapter
The Legislature finds that prosecution of such adults under this chapter is inappropriate
since a minor is unable to consent to such behavior.
796.04. Forcing, compelling, or coercing another to become
prostitute.
After May 1, 1943, it shall be unlawful for anyone to force, compel, or coerce
another to become a prostitute.
Anyone violating this section shall be guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
796.05. Deriving support from the proceeds of prostitution.
It shall be unlawful for any person with reasonable belief or knowing another person
is engaged in prostitution to live or derive support or maintenance in whole or in part
from what is believed to be the earnings or proceeds of such person’s prostitution.
Anyone violating this section commits:
For a first offense, a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
For a second offense, a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
For a third or subsequent offense, a felony of the first degree punishable as provided
in s. 775.082, s. 775.083, or s. 775.084, with a mandatory minimum term of
imprisonment of 10 years.
796.06. Renting space to be used for lewdness, assignation, or prostitution.
It is unlawful to let or rent any place, structure, or part thereof, trailer or other
conveyance, with the knowledge that it will be used for the purpose of lewdness,
assignation, or prostitution.
A person who violates this section commits:
A misdemeanor of the first degree for a first violation, punishable as provided in s.
775.082 or s. 775.083.
A felony of the third degree for a second or subsequent violation, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
796.07. Prohibiting prostitution and related acts.
(1) As used in this section:
“Prostitution” means the giving or receiving of the body for sexual activity for hire
but excludes sexual activity between spouses.
“Lewdness” means any indecent or obscene act.
“Assignation” means the making of any appointment or engagement for prostitution
or lewdness, or any act in furtherance of such appointment or engagement.
“Sexual activity” means oral, anal, or vaginal penetration by, or union with, the
sexual organ of another; anal or vaginal penetration of another by any other object; or the
handling or fondling of the sexual organ of another for the purpose of masturbation;
however, the term does not include acts done for bona fide medical purposes.
(2) It is unlawful:
To own, establish, maintain, or operate any place, structure, building, or conveyance
for the purpose of lewdness, assignation, or prostitution.
To offer, or to offer or agree to secure, another for the purpose of prostitution or for
any other lewd or indecent act.
To receive, or to offer or agree to receive, any person into any place, structure,
building, or conveyance for the purpose of prostitution, lewdness, or assignation, or to
permit any person to remain there for such purpose.
To direct, take, or transport, or to offer or agree to direct, take, or transport, any
person to any place, structure, or building, or to any other person, with knowledge or
reasonable cause to believe that the purpose of such directing, taking, or transporting is
prostitution, lewdness, or assignation.
For a person 18 years of age or older to offer to commit, or
to commit, or to engage in, prostitution, lewdness, or assignation.
To solicit, induce, entice, or procure another to commit prostitution, lewdness, or
assignation.
To reside in, enter, or remain in, any place, structure, or building, or to enter or
remain in any conveyance, for the purpose of prostitution, lewdness, or assignation.
To aid, abet, or participate in any of the acts or things enumerated in this subsection.
To purchase the services of any person engaged in prostitution.
(a) In the trial of a person charged with a violation of this section, testimony
concerning the reputation of any place, structure, building, or conveyance involved in the
charge, testimony concerning the reputation of any person residing in, operating, or
frequenting such place, structure, building, or conveyance, and testimony concerning the
reputation of the defendant is admissible in evidence in support of the charge.
Notwithstanding any other provision of law, a police officer may testify as an
offended party in an action regarding charges filed pursuant to this section.
(a) A person who violates any provision of this section, other than paragraph (2)(f),
commits:
A misdemeanor of the second degree for a first violation, punishable as provided in
s. 775.082 or s. 775.083.
A misdemeanor of the first degree for a second violation, punishable as provided in
s. 775.082 or s. 775.083.
A felony of the third degree for a third or subsequent violation, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
A person who is charged with a third or subsequent violation of this section, other
than paragraph (2)(f), shall be offered admission to a pretrial intervention program or a
substance abuse treatment program as provided in s. 948.08.
(5) (a) A person who violates paragraph (2)(f) commits:
A misdemeanor of the first degree for a first violation, punishable as provided in s.
775.082 or s. 775.083.
A felony of the third degree for a second violation, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A felony of the second degree for a third or subsequent violation, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
In addition to any other penalty imposed, the court shall order a person convicted of a
violation of paragraph (2)(f) to:
Perform 100 hours of community service; and
Pay for and attend an educational program about the negative effects of prostitution
and human trafficking, such as a sexual violence prevention education program,
including such programs offered by faithbased providers, if such programs exist in the
judicial circuit in which the offender is sentenced.
In addition to any other penalty imposed, the court shall sentence a person convicted
of a second or subsequent violation of paragraph (2)(f) to a minimum mandatory period
of
incarceration of 10 days.
1. If a person who violates paragraph (2)(f) uses a vehicle in the course of the
violation, the judge, upon the person’s conviction, may issue an order for the
impoundment or immobilization of the vehicle for a period of up to 60 days. The order of
impoundment or immobilization must include the names and telephone numbers of all
immobilization agencies meeting all of the conditions of s. 316.193(13). Within 7
business days after the date that the court issues the order of impoundment or
immobilization, the clerk of the court must send notice by certified mail, return receipt
requested, to the registered owner of the vehicle, if the registered owner is a person other
than the defendant, and to each person of record claiming a lien against the vehicle.
The owner of the vehicle may request the court to dismiss the order. The court must
dismiss the order, and the owner of the vehicle will incur no costs, if the owner of the
vehicle alleges and the court finds to be true any of the following:
a. The owner’s family has no other private or public means of transportation;
b. The vehicle was stolen at the time of the offense;
c. The owner purchased the vehicle after the offense was committed, and the sale was
not made to circumvent the order and allow the defendant continued access to the
vehicle; or
d. The vehicle is owned by the defendant but is operated solely by employees of the
defendant or employees of a business owned by the defendant.
If the court denies the request to dismiss the order, the petitioner may request an
evidentiary hearing. If, at the evidentiary hearing, the court finds to be true any of the
circumstances described in subsubparagraphs (d)2.a.d., the court must dismiss the order
and the owner of the vehicle will incur no costs.
A person who violates paragraph (2)(f) shall be assessed a civil penalty of $5,000 if
the violation results in any judicial disposition other than acquittal or dismissal. Of the
proceeds from each penalty assessed under this subsection, the first $500 shall be paid to
the circuit court administrator for the sole purpose of paying the administrative costs of
treatmentbased drug court programs provided under s. 397.334. The remainder of the
penalty assessed shall be deposited in the Operations and Maintenance Trust Fund of the
Department of Children and Families for the sole purpose of funding safe houses and safe
foster homes as provided in s. 409.1678.
If the place, structure, building, or conveyance that is owned, established,
maintained, or operated in violation of paragraph (2)(a) is a massage establishment that is
or should be licensed under s. 480.043, the offense shall be reclassified to the next higher
degree as follows:
A misdemeanor of the second degree for a first violation is reclassified as a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
A misdemeanor of the first degree for a second violation is reclassified as a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A felony of the third degree for a third or subsequent violation is reclassified as a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
796.08. Screening for HIV and sexually transmissible diseases;
providing penalties.
(a) For the purposes of this section, “sexually transmissible disease” means a
bacterial, viral, fungal, or parasitic disease, determined by rule of the Department of
Health to be sexually transmissible, a threat to the public health and welfare, and a
disease for which a legitimate public interest is served by providing for regulation and
treatment.
In considering which diseases are designated as sexually transmissible diseases, the
Department of Health shall consider such diseases as chancroid, gonorrhea, granuloma
inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia,
nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis,
syphilis, and human immunodeficiency virus infection for designation and shall consider
the recommendations and classifications of the Centers for Disease Control and
Prevention and other nationally recognized authorities. Not all diseases that are sexually
transmissible need be designated for purposes of this section.
A person arrested under s. 796.07 may request screening for a sexually transmissible
disease under direction of the Department of Health and, if infected, shall submit to
appropriate treatment and counseling. A person who requests screening for a sexually
transmissible disease under this subsection must pay any costs associated with such
screening.
A person convicted under s. 796.07 of prostitution or procuring another to commit
prostitution must undergo screening for a sexually transmissible disease, including, but
not limited to, screening to detect exposure to the human immunodeficiency virus, under
direction of the Department of Health. If the person is infected, he or she must submit to
treatment and counseling prior to release from probation, community control, or
incarceration. Notwithstanding the provisions of s. 384.29, the results of tests conducted
pursuant to this subsection shall be made available by the Department of Health to the
offender, medical personnel, appropriate state agencies, state attorneys, and courts of
appropriate jurisdiction in need of such information in order to enforce the provisions of
this chapter.
A person who commits prostitution or procures another for prostitution and who,
prior to the commission of such crime, had tested positive for a sexually transmissible
disease other than human immunodeficiency virus infection and knew or had been
informed that he or she had tested positive for such sexually transmissible disease and
could possibly communicate such disease to another person through sexual activity
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083. A person may be convicted and sentenced separately for a violation of this
subsection and for the underlying crime of prostitution or procurement of prostitution.
A person who:
Commits or offers to commit prostitution; or
Procures another for prostitution by engaging in sexual
activity in a manner likely to transmit
the human
immunodeficiency virus,
and who, prior to the commission of such crime, had tested positive for human
immunodeficiency virus and knew or had been informed that he or she had tested positive
for human immunodeficiency virus and could possibly communicate such disease to
another person through sexual activity commits criminal transmission of HIV, a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A person
may be convicted and sentenced separately for a violation of this subsection and for the
underlying crime of prostitution or procurement of prostitution.
CHAPTER 798
ADULTERY
798.02. Lewd and lascivious behavior.
If any man or woman, married or unmarried, engages in open and gross lewdness and
lascivious behavior, they shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
CHAPTER 800
LEWDNESS; INDECENT EXPOSURE
800.02. Unnatural and lascivious act.
A person who commits any unnatural and lascivious act with another person commits
a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
A mother’s breastfeeding of her baby does not under any circumstance violate this
section.
800.03. Exposure of sexual organs.
It is unlawful to expose or exhibit one’s sexual organs in public or on the private
premises of another, or so near thereto as to be seen from such private premises, in a
vulgar or indecent manner, or to be naked in public except in any place provided or set
apart for that purpose. Violation of this section is a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083. A mother’s breastfeeding of her baby
does not under any circumstance violate this section.
800.04. Lewd or lascivious offenses committed upon or in the presence of
persons less than 16 years of age.
(1) DEFINITIONS.—As used in this section:
“Sexual activity” means the oral, anal, or vaginal penetration by, or union with, the
sexual organ of another or the anal or vaginal penetration of another by any other object;
however, sexual activity does not include an act done for a bona fide medical purpose.
“Consent” means intelligent, knowing, and voluntary consent, and does not include
submission by coercion.
“Coercion” means the use of exploitation, bribes, threats of force, or intimidation to
gain cooperation or compliance.
“Victim” means a person upon whom an offense described in this section was
committed or attempted or a person who has reported a violation of this section to a law
enforcement officer.
PROHIBITED DEFENSES.—Neither the victim’s lack of chastity nor the victim’s
consent is a defense to the crimes proscribed by this section.
IGNORANCE OR BELIEF OF VICTIM’S AGE.—The perpetrator’s ignorance of
the victim’s age, the victim’s misrepresentation of his or her age, or the perpetrator’s
bona fide belief of the victim’s age cannot be raised as a defense in a prosecution under
this section.
LEWD OR LASCIVIOUS BATTERY.—
(a) A person commits lewd or lascivious battery by:
Engaging in sexual activity with a person 12 years of age or older but less than 16
years of age; or
Encouraging, forcing, or enticing any person less than 16 years of age to engage in
sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual
activity.
Except as provided in paragraph (c), an offender who commits lewd or lascivious
battery commits a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
A person commits a felony of the first degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084 if the person is an offender 18 years of age or older who
commits lewd or lascivious battery and was previously convicted of a violation of:
Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a
minor and, in the course of committing that violation, the defendant committed against
the minor a sexual battery under chapter 794 or a lewd act under this section or s.
847.0135(5);
Section 787.01(3)(a)2. or 3.;
Section 787.02(3)(a)2. or 3.;
Chapter 794, excluding s. 794.011(10);
Section 825.1025;
Section 847.0135(5); or
This section.
(5) LEWD OR LASCIVIOUS MOLESTATION.—
1. An offender less than 18 years of age who commits lewd or lascivious molestation
against a victim less than 12 years of age; or
An offender 18 years of age or older who commits lewd or lascivious molestation
against a victim 12 years of age or older but less than 16 years of age
commits a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
An offender less than 18 years of age who commits lewd or lascivious molestation
against a victim 12 years of age or older but less than 16 years of age commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person commits a felony of the first degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084 if the person is 18 years of age or older and commits lewd or
lascivious molestation against a victim 12 years of age or older but less than 16 years of
age and the person was previously convicted of a violation of:
Section 787.01(2) or s. 787.02(2) when the violation involved a victim who was a
minor and, in the course of committing the violation, the defendant committed against the
minor a sexual battery under chapter 794 or a lewd act under this section or s.
847.0135(5);
Section 787.01(3)(a)2. or 3.;
Section 787.02(3)(a)2. or 3.;
Chapter 794, excluding s. 794.011(10);
Section 825.1025;
Section 847.0135(5); or
This section.
LEWD OR LASCIVIOUS CONDUCT.—
(a) A person who:
Intentionally touches a person under 16 years of age in a lewd or lascivious manner; or
Solicits a person under 16 years of age to commit a lewd or lascivious act
commits lewd or lascivious conduct.
An offender 18 years of age or older who commits lewd or lascivious conduct commits a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
An offender less than 18 years of age who commits lewd or lascivious conduct commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
LEWD OR LASCIVIOUS EXHIBITION.—
(a) A person who:
1. Intentionally masturbates;
Intentionally exposes the genitals in a lewd or lascivious manner; or
Intentionally commits any other sexual act that does not involve actual physical or sexual
contact with the victim, including, but not limited to, sadomasochistic abuse, sexual
bestiality, or the simulation of any act involving sexual activity
in the presence of a victim who is less than 16 years of age, commits lewd or
lascivious exhibition.
An offender 18 years of age or older who commits a lewd or lascivious exhibition
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
An offender less than 18 years of age who commits a lewd or lascivious exhibition
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
EXCEPTION.—A mother’s breastfeeding of her baby does not under any
circumstance constitute a violation of this section.
800.09. Lewd or lascivious exhibition in the presence of an employee.
(1) As used in this section, the term:
“Employee” means any person employed by or performing contractual services for a
public or private entity operating a facility or any person employed by or performing
contractual services for the corporation operating the prison industry enhancement
programs or the correctional work programs under part II of chapter 946. The term also
includes any person who is a parole examiner with the Florida Commission on Offender
Review.
“Facility” means a state correctional institution as defined in s. 944.02 or a private
correctional facility as defined in s. 944.710.
(a) A person who is detained in a facility may not: 1. Intentionally
masturbate;
Intentionally expose the genitals in a lewd or lascivious manner; or
Intentionally commit any other sexual act that does not involve actual physical or
sexual contact with the victim, including, but not limited to, sadomasochistic abuse,
sexual bestiality, or the simulation of any act involving sexual activity,
in the presence of a person he or she knows or reasonably should know is an
employee.
A person who violates paragraph (a) commits lewd or lascivious exhibition in the
presence of an employee, a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
CHAPTER 806
ARSON AND CRIMINAL MISCHIEF
806.01. Arson.
Any person who willfully and unlawfully, or while in the commission of any felony,
by fire or explosion, damages or causes to be damaged:
Any dwelling, whether occupied or not, or its contents;
Any structure, or contents thereof, where persons are normally present, such as: jails,
prisons, or detention centers; hospitals, nursing homes, or other health care facilities;
department stores, office buildings, business establishments, churches, or educational
institutions during normal hours of occupancy; or other similar structures; or
Any other structure that he or she knew or had reasonable grounds to believe was
occupied by a human being,
is guilty of arson in the first degree, which constitutes a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who willfully and unlawfully, or while in the commission of any felony,
by fire or explosion, damages or causes to be damaged any structure, whether the
property of himself or herself or another, under any circumstances not referred to in
subsection (1), is guilty of arson in the second degree, which constitutes a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
As used in this chapter, “structure” means any building of
any kind, any enclosed area with a roof over it, any real property and appurtenances
thereto, any tent or other portable building, and any vehicle, vessel, watercraft, or
aircraft.
806.031. Arson resulting in injury to another; penalty.
A person who perpetrates any arson that results in any bodily harm to a firefighter or
any other person, regardless of intent or lack of intent to cause such harm, is guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
A person who perpetrates any arson that results in great bodily harm, permanent
disability, or permanent disfigurement to a firefighter or any other person, regardless of
intent or lack of intent to cause such harm, is guilty of a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Upon conviction and adjudication of guilt, a person may be sentenced separately,
pursuant to s. 775.021(4), for any violation of this section and for any arson committed
during the same criminal episode. A conviction for any arson, however, is not necessary
for a conviction under this section.
806.10. Preventing or obstructing extinguishment of fire.
Any person who willfully and maliciously injures, destroys, removes, or in any
manner interferes with the use of, any vehicles, tools, equipment, water supplies,
hydrants, towers, buildings, communication facilities, or other instruments or facilities
used in the detection, reporting, suppression, or extinguishment of fire
shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Any person who willfully or unreasonably interferes with, hinders, or assaults, or
attempts to interfere with or hinder, any firefighter in the performance of his or her duty
shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
806.101. False alarms of fires.
Whoever, without reasonable cause, by outcry or the ringing of bells, or otherwise,
makes or circulates, or causes to be made or circulated, a false alarm of fire, shall for the
first conviction be guilty of a misdemeanor of the first degree, punishable as provided in
s. 775.082 or s. 775.083. A second or subsequent conviction under this section shall
constitute a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
806.111. Fire bombs.
Any person who possesses, manufactures, transports, or disposes of a fire bomb with
intent that such fire bomb be willfully and unlawfully used to damage by fire or
explosion any structure or property is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
For the purposes of this section:
“Disposes of” means to give, give away, loan, offer, offer for sale, sell, or transfer.
“Fire bomb” means a container containing flammable or combustible liquid, or any
incendiary chemical mixture or compound having a wick or similar device capable of
being ignited or other means capable of causing ignition; but no device commercially
manufactured primarily for the purpose of illumination, heating, or cooking shall be
deemed to be such a fire bomb.
Subsection (1) shall not prohibit the authorized use or possession of any material,
substance, or device described therein by a member of the Armed Forces of the United
States or by firefighters, police officers, peace officers, or law enforcement officers so
authorized by duly constituted authorities.
806.13. Criminal mischief; penalties; penalty for minor.
(a) A person commits the offense of criminal mischief if he or she willfully and
maliciously injures or damages by any means any real or personal property belonging to
another, including, but not limited to, the placement of graffiti thereon or other acts of
vandalism thereto.
1. If the damage to such property is $200 or less, it is a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
If the damage to such property is greater than $200 but less than $1,000, it is a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
If the damage is $1,000 or greater, or if there is interruption or impairment of a
business operation or public communication, transportation, supply of water, gas or
power, or other public
service which costs $1,000 or more in labor and supplies to restore, it is a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If the person has one or more previous convictions for violating this subsection, the
offense under subparagraph 1. or subparagraph 2. for which the person is charged shall be
reclassified as a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Any person who willfully and maliciously defaces, injures, or damages by any means
any church, synagogue, mosque, or other place of worship, or any religious article
contained therein, commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, if the damage to the property is greater than $200.
Whoever, without the consent of the owner thereof, willfully destroys or substantially
damages any public telephone, or telephone cables, wires, fixtures, antennas, amplifiers,
or any other apparatus, equipment, or appliances, which destruction or damage renders a
public telephone inoperative or which opens the body of a public telephone, commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084;
provided, however, that a conspicuous notice of the provisions of this subsection and the
penalties provided is posted on or near the destroyed or damaged instrument and visible
to the public at the time of the commission of the offense.
Any person who willfully and maliciously defaces, injures, or damages by any means
a sexually violent predator detention or commitment facility, as defined in part V of
chapter 394, or any
property contained therein, commits a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084, if the damage to property is greater than $200.
(a) The amounts of value of damage to property owned by separate persons, if the
property was damaged during one scheme or course of conduct, may be aggregated in
determining the grade of the offense under this section.
Any person who violates this section may, in addition to any other criminal penalty,
be required to pay for the damages caused by such offense.
(a) Any person who violates this section when the violation is related to the
placement of graffiti shall, in addition to any other criminal penalty, be required to pay a
fine of:
Not less than $250 for a first conviction.
Not less than $500 for a second conviction.
Not less than $1,000 for a third or subsequent conviction.
Any person convicted under this section when the offense is related to the placement
of graffiti shall, in addition to any other criminal penalty, be required to perform at least
40 hours of community service and, if possible, perform at least 100 hours of community
service that involves the removal of graffiti.
If a minor commits a delinquent act prohibited under paragraph (a), the parent or
legal guardian of the minor is liable along with the minor for payment of the fine. The
court may decline to order a person to pay a fine under paragraph (a) if the court finds
that the person is indigent and does not have the ability
to pay the fine or if the court finds that the person does not have the ability to pay the fine
whether or not the person is indigent.
In addition to any other penalty provided by law, if a minor is found to have
committed a delinquent act under this section for placing graffiti on any public property
or private property, and:
The minor is eligible by reason of age for a driver license or driving privilege, the
court shall direct the Department of Highway Safety and Motor Vehicles to revoke or
withhold issuance of the minor’s driver license or driving privilege for not more than 1
year.
The minor’s driver license or driving privilege is under suspension or revocation for
any reason, the court shall direct the Department of Highway Safety and Motor Vehicles
to extend the period of suspension or revocation by an additional period of not more than
1 year.
The minor is ineligible by reason of age for a driver license or driving privilege, the
court shall direct the Department of Highway Safety and Motor Vehicles to withhold
issuance of the minor’s driver license or driving privilege for not more than 1 year after
the date on which he or she would otherwise have become eligible.
A minor whose driver license or driving privilege is revoked, suspended, or withheld
under subsection (7) may elect to reduce the period of revocation, suspension, or
withholding by performing community service at the rate of 1 day for each hour of
community service performed. In addition, if the court determines that due to a family
hardship, the minor’s driver license or driving privilege is necessary for employment or
medical purposes of the minor or a member of the minor’s family, the court shall order
the minor to perform community service and reduce the period of revocation, suspension,
or withholding at the rate of 1 day for each hour of community service performed. As
used in this subsection, the term “community service” means cleaning graffiti from
public property.
Because of the difficulty of confronting the blight of graffiti, it is the intent of the
Legislature that municipalities and counties not be preempted by state law from
establishing ordinances that prohibit the marking of graffiti or other graffitirelated
offenses. Furthermore, as related to graffiti, such municipalities and counties are not
preempted by state law from establishing higher penalties than those provided by state
law and mandatory penalties when state law provides discretionary penalties. Such higher
and mandatory penalties include fines that do not exceed the amount specified in ss.
125.69 and 162.21, community service, restitution, and forfeiture. Upon a finding that a
juvenile has violated a graffitirelated ordinance, a court acting under chapter 985 may
not provide a disposition of the case which is less severe than any mandatory penalty
prescribed by municipal or county ordinance for such violation.
806.14. Art works in public buildings; willful damage; unauthorized
removal; penalties.
Whoever willfully destroys, mutilates, defaces, injures, or, without authority,
removes any work of art displayed in a public building is guilty of a criminal offense.
(a) If the damage to the work of art is such that the cost of restoration, in labor and
supplies, or if the replacement value, is
$200 or less, the offense is a misdemeanor of the second degree, punishable as provided
in s. 775.082 or s. 775.083.
If the damage to the work of art is such that the cost of restoration, in labor and
supplies, or if the replacement value, is greater than $200 but less than $1,000, the
offense is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
If the damage to the work of art is such that the cost of restoration, in labor and
supplies, or if the replacement value, is $1,000 or more, the offense is a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
CHAPTER 810
BURGLARY AND TRESPASS
810.011. Definitions.
As used in this chapter:
“Structure” means a building of any kind, either temporary or permanent, which has
a roof over it, together with the curtilage thereof. However, during the time of a state of
emergency declared by executive order or proclamation of the Governor under chapter
252 and within the area covered by such executive order or proclamation and for
purposes of ss. 810.02 and 810.08 only, the term means a building of any kind or such
portions or remnants thereof as exist at the original site, regardless of absence of a wall or
roof.
“Dwelling” means a building or conveyance of any kind, including any attached
porch, whether such building or conveyance is temporary or permanent, mobile or
immobile, which has a roof over it and is designed to be occupied by people lodging
therein at night, together with the curtilage thereof. However, during the time of a state of
emergency declared by executive order or proclamation of the Governor under chapter
252 and within the area covered by such executive order or proclamation and for
purposes of ss. 810.02 and 810.08 only, the term includes such portions or remnants
thereof as exist at the original site, regardless of absence of a wall or roof.
“Conveyance” means any motor vehicle, ship, vessel, railroad vehicle or car, trailer,
aircraft, or sleeping car; and “to enter a conveyance” includes taking apart any portion of
the
conveyance. However, during the time of a state of emergency declared by executive
order or proclamation of the Governor under chapter 252 and within the area covered by
such executive order or proclamation and for purposes of ss. 810.02 and 810.08 only, the
term “conveyance” means a motor vehicle, ship, vessel, railroad vehicle or car, trailer,
aircraft, or sleeping car or such portions thereof as exist.
An act is committed “in the course of committing” if it occurs in an attempt to
commit the offense or in flight after the attempt or commission.
(a) “Posted land” is that land upon which:
Signs are placed not more than 500 feet apart along, and at each corner of, the
boundaries of the land, upon which signs there appears prominently, in letters of not less
than 2 inches in height, the words “no trespassing” and in addition thereto the name of
the owner, lessee, or occupant of said land. Said signs shall be placed along the boundary
line of posted land in a manner and in such position as to be clearly noticeable from
outside the boundary line; or
a. Conspicuous no trespassing notice is painted on trees or posts on the property,
provided that the notice is:
I. Painted in an international orange color and displaying the stenciled words “No
Trespassing” in letters no less than 2 inches high and 1 inch wide either vertically or
horizontally;
Placed so that the bottom of the painted notice is not less than 3 feet from the ground
or more than 5 feet from the ground; and
Placed at locations that are readily visible to any person approaching the property and
no more than 500 feet apart on agricultural land.
b. Beginning October 1, 2007, when a landowner uses the painted no trespassing
posting to identify a “no trespassing” area, those painted notices shall be accompanied by
signs complying with subparagraph 1. and placed conspicuously at all places where entry
to the property is normally expected or known to occur.
It shall not be necessary to give notice by posting on any enclosed land or place not
exceeding 5 acres in area on which there is a dwelling house in order to obtain the
benefits of ss. 810.09 and 810.12 pertaining to trespass on enclosed lands.
“Cultivated land” is that land which has been cleared of its natural vegetation and is
presently planted with a crop, orchard, grove, pasture, or trees or is fallow land as part of
a crop rotation.
“Fenced land” is that land which has been enclosed by a fence of substantial
construction, whether with rails, logs, post and railing, iron, steel, barbed wire, other
wire, or other material, which stands at least 3 feet in height. For the purpose of this
chapter, it shall not be necessary to fence any boundary or part of a boundary of any land
which is formed by water.
Where lands are posted, cultivated, or fenced as described herein, then said lands, for
the purpose of this chapter, shall be considered as enclosed and posted.
“Litter” means any garbage, rubbish, trash, refuse, debris, can, bottle, box, container,
paper, tobacco product, tire, domestic or commercial appliance, mechanical equipment or
part, building
or construction material, tool, machinery, wood, motor vehicle or motor vehicle part,
vessel, aircraft, or farm machinery or equipment; sludge from a waste treatment facility,
water supply treatment plant, or air pollution control facility; or substance in any form
resulting from domestic, industrial, commercial, mining, agricultural, or governmental
operations.
“Dump” means to dump, throw, discard, place, deposit, or dispose of any litter.
“Commercial horticulture property” means any property that is cleared of its natural
vegetation and is planted in commercially cultivated horticulture products that are
planted, grown, or harvested. The term also includes property that is used for the
commercial sale, use, or distribution of horticulture products.
“Agricultural chemicals manufacturing facility” means any facility, and any
properties or structures associated with the facility, used for the manufacture, processing,
or storage of agricultural chemicals classified in Industry Group 287 contained in the
Standard Industrial Classification Manual, 1987, as published by the Office of
Management and Budget, Executive Office of the President.
“Construction site” means any property upon which there is construction that is
subject to building permit posting requirements.
810.02. Burglary.
(a) For offenses committed on or before July 1, 2001, “burglary” means entering or
remaining in a dwelling, a structure,
or a conveyance with the intent to commit an offense therein, unless the premises are at
the time open to the public or the defendant is licensed or invited to enter or remain.
For offenses committed after July 1, 2001, “burglary” means:
Entering a dwelling, a structure, or a conveyance with the intent to commit an offense
therein, unless the premises are at the time open to the public or the defendant is licensed
or invited to enter; or
Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or
conveyance:
a. Surreptitiously, with the intent to commit an offense therein;
b. After permission to remain therein has been withdrawn, with the intent to commit
an offense therein; or
c. To commit or attempt to commit a forcible felony, as defined in s. 776.08.
Burglary is a felony of the first degree, punishable by imprisonment for a term of
years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s.
775.084, if, in the course of committing the offense, the offender:
Makes an assault or battery upon any person; or
Is or becomes armed within the dwelling, structure, or conveyance, with explosives
or a dangerous weapon; or
Enters an occupied or unoccupied dwelling or structure,
and:
Uses a motor vehicle as an instrumentality, other than merely as a getaway vehicle, to
assist in committing the offense, and thereby damages the dwelling or structure; or
Causes damage to the dwelling or structure, or to property within the dwelling or
structure in excess of $1,000.
Burglary is a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084, if, in the course of committing the offense, the offender does not
make an assault or battery and is not and does not become armed with a dangerous
weapon or explosive, and the offender enters or remains in a:
Dwelling, and there is another person in the dwelling at the time the offender enters
or remains;
Dwelling, and there is not another person in the dwelling at the time the offender
enters or remains;
Structure, and there is another person in the structure at the time the offender enters
or remains;
Conveyance, and there is another person in the conveyance at the time the offender
enters or remains;
Authorized emergency vehicle, as defined in s. 316.003; or
Structure or conveyance when the offense intended to be committed therein is theft
of a controlled substance as defined in s. 893.02. Notwithstanding any other law, separate
judgments and sentences for burglary with the intent to commit theft of a controlled
substance under this paragraph and for any applicable possession of controlled substance
offense under s. 893.13 or trafficking in controlled substance offense under s. 893.135
may
be imposed when all such offenses involve the same amount or amounts of a controlled
substance.
However, if the burglary is committed within a county that is subject to a state of
emergency declared by the Governor under chapter 252 after the declaration of
emergency is made and the perpetration of the burglary is facilitated by conditions arising
from the emergency, the burglary is a felony of the first degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term “conditions
arising from the emergency” means civil unrest, power outages, curfews, voluntary or
mandatory evacuations, or a reduction in the presence of or response time for first
responders or homeland security personnel. A person arrested for committing a burglary
within a county that is subject to such a state of emergency may not be released until the
person appears before a committing magistrate at a first appearance hearing. For purposes
of sentencing under chapter 921, a felony offense that is reclassified under this subsection
is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the offense
committed.
Burglary is a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084, if, in the course of committing the offense, the offender does not
make an assault or battery and is not and does not become armed with a dangerous
weapon or explosive, and the offender enters or remains in a:
Structure, and there is not another person in the structure at the time the offender
enters or remains; or
Conveyance, and there is not another person in the conveyance at the time the
offender enters or remains.
However, if the burglary is committed within a county that is subject to a state of
emergency declared by the Governor under chapter 252 after the declaration of
emergency is made and the perpetration of the burglary is facilitated by conditions arising
from the emergency, the burglary is a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. As used in this subsection, the term
“conditions arising from the emergency” means civil unrest, power outages, curfews,
voluntary or mandatory evacuations, or a reduction in the presence of or response time
for first responders or homeland security personnel. A person arrested for committing a
burglary within a county that is subject to such a state of emergency may not be released
until the person appears before a committing magistrate at a first appearance hearing. For
purposes of sentencing under chapter 921, a felony offense that is reclassified under this
subsection is ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the
offense committed.
810.06. Possession of burglary tools.
Whoever has in his or her possession any tool, machine, or implement with intent to
use the same, or allow the same to be used, to commit any burglary or trespass shall be
guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
810.061. Impairing or impeding telephone or power to a dwelling;
facilitating or furthering a burglary; penalty.
As used in this section, the term “burglary” has the meaning ascribed in s. 810.02(1)
(b).
A person who, for the purpose of facilitating or furthering the commission or
attempted commission of a burglary of a dwelling by any person, damages a wire or line
that transmits or conveys telephone or power to that dwelling, impairs any other
equipment necessary for telephone or power transmission or conveyance, or otherwise
impairs or impedes such telephone or power transmission or conveyance commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
810.07. Prima facie evidence of intent.
810.08. Trespass in structure or conveyance.
Whoever, without being authorized, licensed, or invited, willfully enters or remains
in any structure or conveyance, or, having been authorized, licensed, or invited, is warned
by the owner or lessee of the premises, or by a person authorized by the owner or lessee,
to depart and refuses to do so, commits the offense of trespass in a structure or
conveyance.
(a) Except as otherwise provided in this subsection, trespass in a structure or conveyance
is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
If there is a human being in the structure or conveyance at the time the offender
trespassed, attempted to trespass, or was in the structure or conveyance, the trespass in a
structure or conveyance is a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
If the offender is armed with a firearm or other dangerous weapon, or arms himself or
herself with such while in the structure or conveyance, the trespass in a structure or
conveyance is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084. Any owner or person authorized by the owner may, for prosecution purposes,
take into custody and detain, in a reasonable manner, for a reasonable length of time, any
person when he or she reasonably believes that a violation of this paragraph has been or is
being committed, and he or she reasonably believes that the person to be taken into custody
and detained has committed or is committing such violation. In the event a person is taken
into custody, a law enforcement officer shall be called as soon as is practicable after the
person has been taken into custody. The taking into custody and detention by such person, if
done in compliance with the requirements of this paragraph, shall not render such person
criminally or civilly liable for false arrest, false imprisonment, or unlawful detention.
As used in this section, the term “person authorized” means any owner or lessee, or his or
her agent, or any law enforcement officer whose department has received written
authorization from
the owner or lessee, or his or her agent, to communicate an order to depart the property in
the case of a threat to public safety or welfare.
810.09. Trespass on property other than structure or conveyance.
(a) A person who, without being authorized, licensed, or invited, willfully enters
upon or remains in any property other than a structure or conveyance:
As to which notice against entering or remaining is given, either by actual
communication to the offender or by posting, fencing, or cultivation as described in s.
810.011; or
If the property is the unenclosed curtilage of a dwelling and the offender enters or
remains with the intent to commit an offense thereon, other than the offense of trespass,
commits the offense of trespass on property other than a structure or conveyance.
As used in this section, the term “unenclosed curtilage” means the unenclosed land or
grounds, and any outbuildings, that are directly and intimately adjacent to and connected
with the dwelling and necessary, convenient, and habitually used in connection with that
dwelling.
(a) Except as provided in this subsection, trespass on property other than a structure
or conveyance is a misdemeanor of the first degree, punishable as provided in s. 775.082
or s. 775.083.
If the offender defies an order to leave, personally
communicated to the offender by the owner of the premises or by an authorized person,
or if the offender willfully opens any door, fence, or gate or does any act that exposes
animals, crops, or other property to waste, destruction, or freedom; unlawfully dumps
litter on property; or trespasses on property other than a structure or conveyance, the
offender commits a misdemeanor of the first degree, punishable as provided in s. 775.082
or s. 775.083.
If the offender is armed with a firearm or other dangerous weapon during the
commission of the offense of trespass on property other than a structure or conveyance,
he or she is guilty of a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. Any owner or person authorized by the owner may, for
prosecution purposes, take into custody and detain, in a reasonable manner, for a
reasonable length of time, any person when he or she reasonably believes that a violation
of this paragraph has been or is being committed, and that the person to be taken into
custody and detained has committed or is committing the violation. If a person is taken
into custody, a law enforcement officer shall be called as soon as is practicable after the
person has been taken into custody. The taking into custody and detention in compliance
with the requirements of this paragraph does not result in criminal or civil liability for
false arrest, false imprisonment, or unlawful detention.
The offender commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, if the property trespassed is a construction site that is:
Greater than 1 acre in area and is legally posted and identified in substantially the
following manner: “THIS AREA IS
A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON
THIS PROPERTY COMMITS A FELONY.”; or
One acre or less in area and is identified as such with a sign that appears prominently,
in letters of not less than 2 inches in height, and reads in substantially the following
manner: “THIS
AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO
TRESPASSES ON THIS PROPERTY COMMITS A FELONY.” The sign shall be
placed at the location on the property where the permits for construction are located. For
construction sites of 1 acre or less as provided in this subparagraph, it shall not be
necessary to give notice by posting as defined in s. 810.011(5).
The offender commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, if the property trespassed upon is commercial
horticulture property and the property is legally posted and identified in substantially the
following manner: “THIS AREA IS DESIGNATED
COMMERCIAL PROPERTY FOR HORTICULTURE PRODUCTS, AND ANYONE
WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
The offender commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural site
for testing or research purposes that is legally posted and identified in substantially the
following manner: “THIS AREA IS A DESIGNATED AGRICULTURAL SITE FOR
TESTING OR RESEARCH PURPOSES, AND ANYONE WHO TRESPASSES ON
THIS PROPERTY COMMITS A FELONY.”
The offender commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, if the property trespassed upon is a domestic violence
center certified under s. 39.905 which is legally posted and identified in substantially the
following manner: “THIS AREA IS A DESIGNATED RESTRICTED SITE AND
ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
Any person who in taking or attempting to take any animal described in s.
379.101(19) or (20), or in killing, attempting to kill, or endangering any animal described
in s. 585.01(13) knowingly propels or causes to be propelled any potentially lethal
projectile over or across private land without authorization commits trespass, a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For
purposes of this paragraph, the term “potentially lethal projectile” includes any projectile
launched from any firearm, bow, crossbow, or similar tensile device. This section does
not apply to any governmental agent or employee acting within the scope of his or her
official duties.
The offender commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, if the property trespassed upon is an agricultural
chemicals manufacturing facility that is legally posted and identified in substantially the
following manner: “THIS AREA IS A
DESIGNATED AGRICULTURAL CHEMICALS MANUFACTURING FACILITY,
AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”
As used in this section, the term “authorized person” or
“person authorized” means any owner, his or her agent, or a community association
authorized as an agent for the owner, or any law enforcement officer whose department
has received written authorization from the owner, his or her agent, or a community
association authorized as an agent for the owner, to communicate an order to leave the
property in the case of a threat to public safety or welfare.
810.095. Trespass on school property with firearm or other weapon
prohibited.
It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084, for a person who is trespassing upon school property to bring onto, or to
possess on, such school property any weapon as defined in s. 790.001(13) or any firearm.
As used in this section, “school property” means the grounds or facility of any
kindergarten, elementary school, middle school, junior high school, secondary school,
career center, or postsecondary school, whether public or nonpublic.
810.097. Trespass upon grounds or facilities of a school; penalties; arrest.
(1) Any person who:
Does not have legitimate business on the campus or any other authorization, license,
or invitation to enter or remain upon school property; or
Is a student currently under suspension or expulsion;
and who enters or remains upon the campus or any other facility owned by any such
school commits a trespass upon the grounds of a school facility and is guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Any person who enters or remains upon the campus or other facility of a school after
the principal of such school, or his or her designee, has directed such person to leave such
campus or facility or not to enter upon the campus or facility, commits a trespass upon
the grounds of a school facility and is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
The chief administrative officer of a school, or any employee thereof designated by
the chief administrative officer to maintain order on such campus or facility, who has
probable cause to believe that a person is trespassing upon school grounds in violation of
this section may take such person into custody and detain him or her in a reasonable
manner for a reasonable length of time pending arrival of a law enforcement officer. Such
taking into custody and detention by an authorized person does not render that person
criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. If a
trespasser is taken into custody, a law enforcement officer shall be called to the scene
immediately after the person is taken into custody.
Any law enforcement officer may arrest either on or off the premises and without
warrant any person the officer has probable cause for believing has committed the
offense of trespass upon the grounds of a school facility. Such arrest shall not render the
law enforcement officer criminally or civilly liable for false arrest, false imprisonment, or
unlawful detention.
As used in this section, the term “school” means the grounds or any facility of any
kindergarten, elementary school, middle school, junior high school, or secondary school,
whether public or nonpublic.
810.0975. School safety zones; definition; trespass prohibited;
penalty.
For the purposes of this section, the term “school safety zone” means in, on, or within
500 feet of any real property owned by or leased to any public or private elementary,
middle, or high school or school board and used for elementary, middle, or high school
education.
(a) Each principal or designee of each public or private school in this state shall
notify the appropriate law enforcement agency to prohibit any person from loitering in
the school safety zone who does not have legitimate business in the school safety zone or
any other authorization, or license to enter or remain in the school safety zone or does not
otherwise have invitee status in the designated safety zone.
1. During the period from 1 hour prior to the start of a school session until 1 hour
after the conclusion of a school session, it is unlawful for any person to enter the
premises or trespass within a school safety zone or to remain on such premises or within
such school safety zone when that person does not have legitimate business in the school
safety zone or any other authorization, license, or invitation to enter or remain in the
school safety zone.
a. Except as provided in subsubparagraph b., a person who
violates this subsection commits a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
b. A person who violates this subsection and who has been previously convicted of
any offense contained in chapter 874 commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
1. Except as provided in subparagraph 2., a person who does not have legitimate
business in the school safety zone or any other authorization, license, or invitation to
enter or remain in the school safety zone who shall willfully fail to remove himself or
herself from the school safety zone after the principal or designee, having a reasonable
belief that he or she will commit a crime or is engaged in harassment or intimidation of
students entering or leaving school property, requests him or her to leave the school
safety zone commits a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
A person who violates subparagraph 1. and who has been previously convicted of
any offense contained in chapter 874 commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
This section does not abridge or infringe upon the right of any person to peaceably
assemble and protest.
This section does not apply to residents or persons engaged in the operation of a
licensed commercial business within the school safety zone.
810.10. Posted land; removing notices unlawful; penalty.
It is unlawful for any person to willfully remove, destroy, mutilate, or commit any act
designed to remove, mutilate, or reduce the legibility or effectiveness of any posted
notice placed by the owner, tenant, lessee, or occupant of legally enclosed or legally
posted land pursuant to any law of this state for the purpose of legally enclosing the
same.
Any person violating the provisions of this section commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083.
810.11. Placing signs adjacent to highways; penalty.
All persons are prohibited from placing, posting, or erecting signs upon land or upon
trees upon land adjacent to or adjoining all public highways of the state, without the
written consent of the owner of such land, or the written consent of the attorney or agent
of such owner.
Every person convicted of a violation of this section shall be guilty of a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s. 775.083.
810.115. Breaking or injuring fences.
Whoever willfully and maliciously breaks down, mars, injures, defaces, cuts, or
otherwise creates or causes to be created an opening, gap, interruption, or break in any
fence, or any part thereof, belonging to or enclosing land not his or her own, or whoever
causes to be broken down, marred, injured, defaced, or cut any fence belonging to or
enclosing land not his or her own, commits a misdemeanor of the first degree, punishable
as
provided in s. 775.082 or s. 775.083. A person who commits a second or subsequent
offense under this subsection commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
If the offender breaks or injures a fence as provided in subsection (1) and the fence or
any part thereof is used to contain animals at the time of the offense, the offender
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
The court may require full compensation to the owner of the fence for any and all
damages or losses resulting directly or indirectly from the act or commission pursuant to
s. 775.089.
810.12. Unauthorized entry on land; prima facie evidence of trespass.
The unauthorized entry by any person into or upon any enclosed and posted land
shall be prima facie evidence of the intention of such person to commit an act of trespass.
The act of entry upon enclosed and posted land without permission of the owner of
said land by any worker, servant, employee, or agent while actually engaged in the
performance of his or her work or duties incident to such employment and while under
the supervision or direction, or through the procurement, of any other person acting as
supervisor, foreman, employer, or principal, or in any other capacity, shall be prima facie
evidence of the causing, and of the procurement, of such act by the supervisor, foreman,
employer, principal, or other person.
The act committed by any person or persons of taking,
transporting, operating, or driving, or the act of permitting or consenting to the taking or
transporting of, any machine, tool, motor vehicle, or draft animal into or upon any
enclosed and posted land without the permission of the owner of said land by any person
who is not the owner of such machine, tool, vehicle, or animal, but with the knowledge or
consent of the owner of such machine, tool, vehicle, or animal, or of the person then
having the right to possession thereof, shall be prima facie evidence of the intent of such
owner of such machine, tool, vehicle, or animal, or of the person then entitled to the
possession thereof, to cause or procure an act of trespass.
As used herein, the term “owner of said land” shall include the beneficial owner,
lessee, occupant, or other person having any interest in said land under and by virtue of
which that person is entitled to possession thereof, and shall also include the agents or
authorized employees of such owner.
However, this section shall not apply to any official or employee of the state or a
county, municipality, or other governmental agency now authorized by law to enter upon
lands or to registered engineers and surveyors and mappers authorized to enter lands
pursuant to ss. 471.027 and 472.029. The provisions of this section shall not apply to the
trimming or cutting of trees or timber by municipal or private public utilities, or their
employees, contractors, or subcontractors, when such trimming is required for the
establishment or maintenance of the service furnished by any such utility.
The unlawful dumping by any person of any litter in violation of s. 403.413(4) is
prima facie evidence of the intention of such person to commit an act of trespass. If any
waste that is
dumped in violation of s. 403.413(4) is discovered to contain any article, including, but
not limited to, a letter, bill, publication, or other writing that displays the name of a
person thereon, addressed to such person or in any other manner indicating that the article
last belonged to such person, that discovery raises a mere inference that the person so
identified has violated this section. If the court finds that the discovery of the location of
the article is corroborated by the existence of an independent fact or circumstance which,
standing alone, would constitute evidence sufficient to prove a violation of s. 403.413(4),
such person is rebuttably presumed to have violated that section.
810.14. Voyeurism prohibited; penalties.
A person commits the offense of voyeurism when he or she, with lewd, lascivious, or
indecent intent:
Secretly observes another person when the other person is located in a dwelling,
structure, or conveyance and such location provides a reasonable expectation of privacy.
Secretly observes another person’s intimate areas in which the person has a
reasonable expectation of privacy, when the other person is located in a public or private
dwelling, structure, or conveyance. As used in this paragraph, the term “intimate area”
means any portion of a person’s body or undergarments that is covered by clothing and
intended to be protected from public view.
A person who violates this section commits a misdemeanor of the first degree for the
first violation, punishable as provided in s. 775.082 or s. 775.083.
A person who violates this section and who has been previously convicted or
adjudicated delinquent two or more times of any violation of this section commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
For purposes of this section, a person has been previously convicted or adjudicated
delinquent of a violation of this section if the violation resulted in a conviction sentenced
separately, or an adjudication of delinquency entered separately, prior to the current
offense.
810.145. Video voyeurism.
(1) As used in this section, the term:
“Broadcast” means electronically transmitting a visual image with the intent that it be
viewed by another person.
“Imaging device” means any mechanical, digital, or electronic viewing device; still
camera; camcorder; motion picture camera; or any other instrument, equipment, or
format capable of recording, storing, or transmitting visual images of another person.
“Place and time when a person has a reasonable expectation of privacy” means a
place and time when a reasonable person would believe that he or she could fully disrobe
in privacy, without being concerned that the person’s undressing was being viewed,
recorded, or broadcasted by another, including, but not limited to, the interior of a
residential dwelling, bathroom, changing room, fitting room, dressing room, or tanning
booth.
“Privately exposing the body” means exposing a sexual
organ.
A person commits the offense of video voyeurism if that person:
For his or her own amusement, entertainment, sexual arousal, gratification, or profit,
or for the purpose of degrading or abusing another person, intentionally uses or installs an
imaging device to secretly view, broadcast, or record a person, without that person’s
knowledge and consent, who is dressing, undressing, or privately exposing the body, at a
place and time when that person has a reasonable expectation of privacy;
For the amusement, entertainment, sexual arousal, gratification, or profit of another,
or on behalf of another, intentionally permits the use or installation of an imaging device
to secretly view, broadcast, or record a person, without that person’s knowledge and
consent, who is dressing, undressing, or privately exposing the body, at a place and time
when that person has a reasonable expectation of privacy; or
For the amusement, entertainment, sexual arousal, gratification, or profit of oneself
or another, or on behalf of oneself or another, intentionally uses an imaging device to
secretly view, broadcast, or record under or through the clothing being worn by another
person, without that person’s knowledge and consent, for the purpose of viewing the
body of, or the undergarments worn by, that person.
A person commits the offense of video voyeurism dissemination if that person,
knowing or having reason to believe that an image was created in a manner described in
this section,
intentionally disseminates, distributes, or transfers the image to another person for the
purpose of amusement, entertainment, sexual arousal, gratification, or profit, or for the
purpose of degrading or abusing another person.
A person commits the offense of commercial video voyeurism dissemination if that
person:
Knowing or having reason to believe that an image was created in a manner
described in this section, sells the image for consideration to another person; or
Having created the image in a manner described in this section, disseminates,
distributes, or transfers the image to another person for that person to sell the image to
others.
(5) This section does not apply to any:
Law enforcement agency conducting surveillance for a law enforcement purpose;
Security system when a written notice is conspicuously posted on the premises
stating that a video surveillance system has been installed for the purpose of security for
the premises;
Video surveillance device that is installed in such a manner that the presence of the
device is clearly and immediately obvious; or
Dissemination, distribution, or transfer of images subject to this section by a provider
of an electronic communication service as defined in 18 U.S.C. s. 2510(15), or a provider
of a remote computing service as defined in 18 U.S.C. s. 2711(2). For purposes of this
section, the exceptions to the definition of
“electronic communication” set forth in 18 U.S.C. s. 2510(12)(a), (b), (c), and (d) do not
apply, but are included within the definition of the term.
(6) Except as provided in subsections (7) and (8):
A person who is under 19 years of age and who violates this section commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
A person who is 19 years of age or older and who violates this section commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who violates this section and who has previously been convicted of or
adjudicated delinquent for any violation of this section commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(a) A person who is:
Eighteen years of age or older who is responsible for the welfare of a child younger
than 16 years of age, regardless of whether the person knows or has reason to know the
age of the child, and who commits an offense under this section against that child;
Eighteen years of age or older who is employed at a private school as defined in s.
1002.01; a school as defined in s. 1003.01; or a voluntary prekindergarten education
program as described in s. 1002.53(3)(a), (b), or (c) and who commits an offense under
this section against a student of the private school, school, or voluntary prekindergarten
education program; or
Twentyfour years of age or older who commits an offense under this section against
a child younger than 16 years of age, regardless of whether the person knows or has
reason to know the age of the child
commits a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
A person who violates this subsection and who has previously been convicted of or
adjudicated delinquent for any violation of this section commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
For purposes of this section, a person has previously been convicted of or adjudicated
delinquent for a violation of this section if the violation resulted in a conviction that was
sentenced separately, or an adjudication of delinquency entered separately, prior to the
current offense.
CHAPTER 812
THEFT, ROBBERY, AND RELATED CRIMES
812.012. Definitions.
As used in ss. 812.012812.037:
“Cargo” means partial or entire shipments, containers, or cartons of property which
are contained in or on a trailer, motortruck, aircraft, vessel, warehouse, freight station,
freight consolidation facility, or air navigation facility.
“Dealer in property” means any person in the business of buying and selling
property.
“Obtains or uses” means any manner of:
Taking or exercising control over property.
Making any unauthorized use, disposition, or transfer of property.
Obtaining property by fraud, willful misrepresentation of a future act, or false
promise.
1. Conduct previously known as stealing; larceny;
purloining; abstracting; embezzlement; misapplication; misappropriation; conversion; or
obtaining money or property by false pretenses, fraud, or deception; or
2. Other conduct similar in nature.
(4) “Property” means anything of value, and includes:
Real property, including things growing on, affixed to, and found in land.
Tangible or intangible personal property, including rights, privileges, interests, and
claims.
Services.
“Property of another” means property in which a person has an interest upon which
another person is not privileged to infringe without consent, whether or not the other
person also has an interest in the property.
“Services” means anything of value resulting from a person’s physical or mental
labor or skill, or from the use, possession, or presence of property, and includes:
Repairs or improvements to property.
Professional services.
Private, public, or government communication, transportation, power, water, or
sanitation services.
Lodging accommodations.
Admissions to places of exhibition or entertainment.
“Stolen property” means property that has been the subject of any criminally
wrongful taking.
“Traffic” means:
To sell, transfer, distribute, dispense, or otherwise dispose of property.
To buy, receive, possess, obtain control of, or use property with the intent to sell,
transfer, distribute, dispense, or otherwise dispose of such property.
“Enterprise” means any individual, sole proprietorship, partnership, corporation,
business trust, union chartered under the laws of this state, or other legal entity, or any
unchartered union, association, or group of individuals associated in fact although not a
legal entity.
“Value” means value determined according to any of the following:
1. Value means the market value of the property at the time and place of the offense
or, if such cannot be satisfactorily ascertained, the cost of replacement of the property
within a reasonable time after the offense.
The value of a written instrument that does not have a readily ascertainable market
value, in the case of an instrument such as a check, draft, or promissory note, is the
amount due or collectible or is, in the case of any other instrument which creates,
releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation,
the greatest amount of economic loss that the owner of the instrument might reasonably
suffer by virtue of the loss of the instrument.
The value of a trade secret that does not have a readily ascertainable market value is
any reasonable value representing the damage to the owner, suffered by reason of losing
an advantage over those who do not know of or use the trade secret.
If the value of property cannot be ascertained, the trier of fact may find the value to
be not less than a certain amount; if no such minimum value can be ascertained, the value
is an amount less than $100.
Amounts of value of separate properties involved in thefts committed pursuant to one
scheme or course of conduct, whether the thefts are from the same person or from several
persons, may be aggregated in determining the grade of the offense.
812.014. Theft.
A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain
or to use, the property of another with intent to, either temporarily or permanently:
Deprive the other person of a right to the property or a benefit from the property.
Appropriate the property to his or her own use or to the use of any person not entitled
to the use of the property.
(a) 1. If the property stolen is valued at $100,000 or more or is a semitrailer that was
deployed by a law enforcement officer; or
If the property stolen is cargo valued at $50,000 or more that has entered the stream
of interstate or intrastate commerce from the shipper’s loading platform to the
consignee’s receiving dock; or
If the offender commits any grand theft and:
a. In the course of committing the offense the offender uses a motor vehicle as an
instrumentality, other than merely as a getaway vehicle, to assist in committing the
offense and thereby damages the real property of another; or
b. In the course of committing the offense the offender causes damage to the real or
personal property of another in excess of
$1,000,
the offender commits grand theft in the first degree, punishable as a felony of the first
degree, as provided in s. 775.082, s. 775.083, or s. 775.084.
1. If the property stolen is valued at $20,000 or more, but less than $100,000;
The property stolen is cargo valued at less than $50,000 that has entered the stream
of interstate or intrastate commerce from the shipper’s loading platform to the
consignee’s receiving dock;
The property stolen is emergency medical equipment, valued at $300 or more, that is
taken from a facility licensed under chapter 395 or from an aircraft or vehicle permitted
under chapter 401; or
The property stolen is law enforcement equipment, valued at $300 or more, that is
taken from an authorized emergency vehicle, as defined in s. 316.003,
the offender commits grand theft in the second degree, punishable as a felony of the
second degree, as provided in s. 775.082, s. 775.083, or s. 775.084. Emergency medical
equipment means mechanical or electronic apparatus used to provide emergency services
and care as defined in s. 395.002(9) or to treat medical emergencies. Law enforcement
equipment means any property, device, or apparatus used by any law enforcement officer
as defined in s. 943.10 in the officer’s official business. However, if the property is stolen
within a county that is subject to a state of emergency declared by the Governor under
chapter 252, the theft is committed after the declaration of emergency is
made, and the perpetration of the theft is facilitated by conditions arising from the
emergency, the theft is a felony of the first degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084. As used in this paragraph, the term “conditions arising from the
emergency” means civil unrest, power outages, curfews, voluntary or mandatory
evacuations, or a reduction in the presence of or response time for first responders or
homeland security personnel. For purposes of sentencing under chapter 921, a felony
offense that is reclassified under this paragraph is ranked one level above the ranking
under s. 921.0022 or s. 921.0023 of the offense committed.
It is grand theft of the third degree and a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s.
775.084, if the property stolen is:
Valued at $300 or more, but less than $5,000.
Valued at $5,000 or more, but less than $10,000.
Valued at $10,000 or more, but less than $20,000.
A will, codicil, or other testamentary instrument.
A firearm.
A motor vehicle, except as provided in paragraph (a).
Any commercially farmed animal, including any animal of the equine, bovine, or
swine class or other grazing animal; a bee colony of a registered beekeeper; and
aquaculture species raised at a certified aquaculture facility. If the property stolen is
aquaculture species raised at a certified aquaculture facility, then a $10,000 fine shall be
imposed.
Any fire extinguisher.
Any amount of citrus fruit consisting of 2,000 or more individual pieces of fruit.
Taken from a designated construction site identified by the posting of a sign as
provided for in s. 810.09(2)(d).
Any stop sign.
Anhydrous ammonia.
Any amount of a controlled substance as defined in s. 893.02. Notwithstanding any
other law, separate judgments and sentences for theft of a controlled substance under this
subparagraph and for any applicable possession of controlled substance offense under s.
893.13 or trafficking in controlled substance offense under s. 893.135 may be imposed
when all such offenses involve the same amount or amounts of a controlled substance.
However, if the property is stolen within a county that is subject to a state of
emergency declared by the Governor under chapter 252, the property is stolen after the
declaration of emergency is made, and the perpetration of the theft is facilitated by
conditions arising from the emergency, the offender commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property is
valued at $5,000 or more, but less than $10,000, as provided under subparagraph 2., or if
the property is valued at $10,000 or more, but less than $20,000, as provided under
subparagraph 3. As used in this paragraph, the term “conditions arising from the
emergency” means civil unrest, power outages, curfews, voluntary or
mandatory evacuations, or a reduction in the presence of or the response time for first
responders or homeland security personnel. For purposes of sentencing under chapter
921, a felony offense that is reclassified under this paragraph is ranked one level above
the ranking under s. 921.0022 or s. 921.0023 of the offense committed.
It is grand theft of the third degree and a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084, if the property stolen is valued at $100
or more, but less than $300, and is taken from a dwelling as defined in s. 810.011(2) or
from the unenclosed curtilage of a dwelling pursuant to s. 810.09(1).
Except as provided in paragraph (d), if the property stolen is valued at $100 or more,
but less than $300, the offender commits petit theft of the first degree, punishable as a
misdemeanor of the first degree, as provided in s. 775.082 or s. 775.083.
(a) Theft of any property not specified in subsection (2) is petit theft of the second
degree and a misdemeanor of the second degree, punishable as provided in s. 775.082 or
s. 775.083, and as provided in subsection (5), as applicable.
A person who commits petit theft and who has previously been convicted of any theft
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
A person who commits petit theft and who has previously been convicted two or
more times of any theft commits a felony of the third degree, punishable as provided in s.
775.082 or s. 775.083.
1. Every judgment of guilty or not guilty of a petit theft shall be in writing, signed by
the judge, and recorded by the clerk of the circuit court. The judge shall cause to be
affixed to every such written judgment of guilty of petit theft, in open court and in the
presence of such judge, the fingerprints of the defendant against whom such judgment is
rendered. Such fingerprints shall be affixed beneath the judge’s signature to such
judgment. Beneath such fingerprints shall be appended a certificate to the following
effect:
“I hereby certify that the above and foregoing fingerprints on this judgment are the
fingerprints of the defendant, __________, and that they were placed thereon by said
defendant in my presence, in open court, this the ______ day of ________, (year).”
Such certificate shall be signed by the judge, whose signature thereto shall be
followed by the word “Judge.”
Any such written judgment of guilty of a petit theft, or a certified copy thereof, is
admissible in evidence in the courts of this state as prima facie evidence that the
fingerprints appearing thereon and certified by the judge are the fingerprints of the
defendant against whom such judgment of guilty of a petit theft was rendered.
Failure to comply with the terms of a lease when the lease is for a term of 1 year or
longer shall not constitute a violation of this section unless demand for the return of the
property leased has been made in writing and the lessee has failed to return the property
within 7 days of his or her receipt of the demand for return of the property. A demand
mailed by certified or registered mail, evidenced by return receipt, to the last known
address of the
lessee shall be deemed sufficient and equivalent to the demand having been received by
the lessee, whether such demand shall be returned undelivered or not.
(a) No person shall drive a motor vehicle so as to cause it to leave the premises of an
establishment at which gasoline offered for retail sale was dispensed into the fuel tank of
such motor vehicle unless the payment of authorized charge for the gasoline dispensed
has been made.
In addition to the penalties prescribed in paragraph (3)(a), every judgment of guilty
of a petit theft for property described in this subsection shall provide for the suspension
of the convicted person’s driver license. The court shall forward the driver license to the
Department of Highway Safety and Motor Vehicles in accordance with s. 322.25.
The first suspension of a driver license under this subsection shall be for a period of
up to 6 months.
The second or subsequent suspension of a driver license under this subsection shall
be for a period of 1 year.
A person who individually, or in concert with one or more other persons, coordinates
the activities of one or more persons in committing theft under this section where the
stolen property has a value in excess of $3,000 commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
812.0145. Theft from persons 65 years of age or older; reclassification
of offenses.
A person who is convicted of theft of more than $1,000 from a person 65 years of age or
older shall be ordered by the sentencing judge to make restitution to the victim of such
offense and to perform up to 500 hours of community service work. Restitution and
community service work shall be in addition to any fine or sentence which may be imposed
and shall not be in lieu thereof.
Whenever a person is charged with committing theft from a person 65 years of age or
older, when he or she knows or has reason to believe that the victim was 65 years of age or
older, the offense for which the person is charged shall be reclassified as follows:
If the funds, assets, or property involved in the theft from a person 65 years of age or
older is valued at $50,000 or more, the offender commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If the funds, assets, or property involved in the theft from a person 65 years of age or
older is valued at $10,000 or more, but less than $50,000, the offender commits a felony of
the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If the funds, assets, or property involved in the theft from a person 65 years of age or
older is valued at $300 or more, but less than $10,000, the offender commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
812.0147. Unlawful possession or use of a fifth wheel.
A person may not modify, alter, attempt to alter, and if
altered, sell, possess, offer for sale, move, or cause to be moved onto the highways of this
state a device known as a fifth wheel with the intent to use the fifth wheel to commit or
attempt to commit theft. As used in this section, the term “fifth wheel” applies only to a
fifth wheel on a commercial motor vehicle.
Any person who violates subsection (1) commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
812.015. Retail and farm theft; transit fare evasion; mandatory fine;
alternative punishment; detention and arrest; exemption from liability for
false arrest; resisting arrest; penalties.
(1) As used in this section:
“Merchandise” means any personal property, capable of manual delivery, displayed,
held, or offered for retail sale by a merchant.
“Merchant” means an owner or operator, or the agent, consignee, employee, lessee,
or officer of an owner or operator, of any premises or apparatus used for retail purchase
or sale of any merchandise.
“Value of merchandise” means the sale price of the merchandise at the time it was
stolen or otherwise removed, depriving the owner of her or his lawful right to ownership
and sale of said item.
“Retail theft” means the taking possession of or carrying away of merchandise,
property, money, or negotiable documents;
altering or removing a label, universal product code, or price tag; transferring
merchandise from one container to another; or removing a shopping cart, with intent to
deprive the merchant of possession, use, benefit, or full retail value.
“Farm produce” means livestock or any item grown, produced, or manufactured by a
person owning, renting, or leasing land for the purpose of growing, producing, or
manufacturing items for sale or personal use, either part time or full time.
“Farmer” means a person who is engaging in the growing or producing of farm
produce, milk products, honey, eggs, or meat, either part time or full time, for personal
consumption or for sale and who is the owner or lessee of the land or a person designated
in writing by the owner or lessee to act as her or his agent. No person defined as a farm
labor contractor pursuant to s. 450.28 shall be designated to act as an agent for purposes
of this section.
“Farm theft” means the unlawful taking possession of any items that are grown or
produced on land owned, rented, or leased by another person. The term includes the
unlawful taking possession of equipment and associated materials used to grow or
produce farm products as defined in s. 823.14(3)(c).
“Antishoplifting or inventory control device” means a mechanism or other device
designed and operated for the purpose of detecting the removal from a mercantile
establishment or similar enclosure, or from a protected area within such an enclosure, of
specially marked or tagged merchandise. The term includes any electronic or digital
imaging or any video recording or other film used for security purposes and the cash
register tape
or other record made of the register receipt.
(i) “Antishoplifting or inventory control device countermeasure” means any item or
device which is designed, manufactured, modified, or altered to defeat any antishoplifting
or inventory control device.
“Transit fare evasion” means the unlawful refusal to pay the appropriate fare for
transportation upon a mass transit vehicle, or to evade the payment of such fare, or to
enter any mass transit vehicle or facility by any door, passageway, or gate, except as
provided for the entry of farepaying passengers, and shall constitute petit theft as
proscribed by this chapter.
“Mass transit vehicle” means buses, rail cars, or fixedguideway mover systems
operated by, or under contract to, state agencies, political subdivisions of the state, or
municipalities for the transportation of farepaying passengers.
“Transit agency” means any state agency, political subdivision of the state, or
municipality which operates mass transit vehicles.
“Trespass” means the violation as described in s. 810.08.
Upon a second or subsequent conviction for petit theft from a merchant, farmer, or
transit agency, the offender shall be punished as provided in s. 812.014(3), except that the
court shall impose a fine of not less than $50 or more than $1,000. However, in lieu of
such fine, the court may require the offender to perform public services designated by the
court. In no event shall any such offender be required to perform fewer than the number
of hours of public service necessary to satisfy the fine assessed by the court,
as provided by this subsection, at the minimum wage prevailing in the state at the time of
sentencing.
(a) A law enforcement officer, a merchant, a farmer, or a transit agency’s employee
or agent, who has probable cause to believe that a retail theft, farm theft, a transit fare
evasion, or trespass, or unlawful use or attempted use of any antishoplifting or inventory
control device countermeasure, has been committed by a person and, in the case of retail
or farm theft, that the property can be recovered by taking the offender into custody may,
for the purpose of attempting to effect such recovery or for prosecution, take the offender
into custody and detain the offender in a reasonable manner for a reasonable length of
time. In the case of a farmer, taking into custody shall be effectuated only on property
owned or leased by the farmer. In the event the merchant, merchant’s employee, farmer,
or a transit agency’s employee or agent takes the person into custody, a law enforcement
officer shall be called to the scene immediately after the person has been taken into
custody.
The activation of an antishoplifting or inventory control device as a result of a person
exiting an establishment or a protected area within an establishment shall constitute
reasonable cause for the detention of the person so exiting by the owner or operator of the
establishment or by an agent or employee of the owner or operator, provided sufficient
notice has been posted to advise the patrons that such a device is being utilized. Each
such detention shall be made only in a reasonable manner and only for a reasonable
period of time sufficient for any inquiry into the circumstances surrounding the activation
of the device.
The taking into custody and detention by a law enforcement
officer, merchant, merchant’s employee, farmer, or a transit agency’s employee or agent,
if done in compliance with all the requirements of this subsection, shall not render such
law enforcement officer, merchant, merchant’s employee, farmer, or a transit agency’s
employee or agent, criminally or civilly liable for false arrest, false imprisonment, or
unlawful detention.
Any law enforcement officer may arrest, either on or off the premises and without
warrant, any person the officer has probable cause to believe unlawfully possesses, or is
unlawfully using or attempting to use or has used or attempted to use, any antishoplifting
or inventory control device countermeasure or has committed theft in a retail or
wholesale establishment or on commercial or private farm lands of a farmer or transit fare
evasion or trespass.
(a) A merchant, merchant’s employee, farmer, or a transit agency’s employee or
agent who takes a person into custody, as provided in subsection (3), or who causes an
arrest, as provided in subsection (4), of a person for retail theft, farm theft, transit fare
evasion, or trespass shall not be criminally or civilly liable for false arrest or false
imprisonment when the merchant, merchant’s employee, farmer, or a transit agency’s
employee or agent has probable cause to believe that the person committed retail theft,
farm theft, transit fare evasion, or trespass.
If a merchant or merchant’s employee takes a person into custody as provided in this
section, or acts as a witness with respect to any person taken into custody as provided in
this section, the merchant or merchant’s employee may provide his or her business
address rather than home address to any investigating law enforcement officer.
An individual who, while committing or after committing theft of property, transit
fare evasion, or trespass, resists the reasonable effort of a law enforcement officer,
merchant, merchant’s employee, farmer, or a transit agency’s employee or agent to
recover the property or cause the individual to pay the proper transit fare or vacate the
transit facility which the law enforcement officer, merchant, merchant’s employee,
farmer, or a transit agency’s employee or agent had probable cause to believe the
individual had concealed or removed from its place of display or elsewhere or perpetrated
a transit fare evasion or trespass commits a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083, unless the individual did not know, or did not
have reason to know, that the person seeking to recover the property was a law
enforcement officer, merchant, merchant’s employee, farmer, or a transit agency’s
employee or agent. For purposes of this section the charge of theft and the charge of
resisting may be tried concurrently.
It is unlawful to possess, or use or attempt to use, any antishoplifting or inventory
control device countermeasure within any premises used for the retail purchase or sale of
any merchandise. Any person who possesses any antishoplifting or inventory control
device countermeasure within any premises used for the retail purchase or sale of any
merchandise commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084. Any person who uses or attempts to use any antishoplifting or
inventory control device countermeasure within any premises used for the retail purchase
or sale of any merchandise commits a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
Except as provided in subsection (9), a person who commits retail theft commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
if the property stolen is valued at $300 or more, and the person:
Individually, or in concert with one or more other persons, coordinates the activities
of one or more individuals in committing the offense, in which case the amount of each
individual theft is aggregated to determine the value of the property stolen;
Commits theft from more than one location within a 48hour period, in which case
the amount of each individual theft is aggregated to determine the value of the property
stolen;
Acts in concert with one or more other individuals within one or more establishments
to distract the merchant, merchant’s employee, or law enforcement officer in order to
carry out the offense, or acts in other ways to coordinate efforts to carry out the offense;
or
Commits the offense through the purchase of merchandise in a package or box that
contains merchandise other than, or in addition to, the merchandise purported to be
contained in the package or box.
A person commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, if the person:
Violates subsection (8) and has previously been convicted of a violation of
subsection (8); or
Individually, or in concert with one or more other persons, coordinates the activities
of one or more persons in committing
the offense of retail theft where the stolen property has a value in excess of $3,000.
812.0155. Suspension of driver license following an adjudication
of guilt for theft.
Except as provided in subsections (2) and (3), the court may order the suspension of
the driver license of each person adjudicated guilty of any misdemeanor violation of s.
812.014 or s. 812.015, regardless of the value of the property stolen. Upon ordering the
suspension of the driver license of the person adjudicated guilty, the court shall forward
the driver license of the person adjudicated guilty to the Department of Highway Safety
and Motor Vehicles in accordance with s. 322.25.
The first suspension of a driver license under this subsection shall be for a period of
up to 6 months.
A second or subsequent suspension of a driver license under this subsection shall be
for 1 year.
The court may revoke, suspend, or withhold issuance of a driver license of a person
less than 18 years of age who violates s. 812.014 or s. 812.015 as an alternative to
sentencing the person to:
Probation as defined in s. 985.03 or commitment to the Department of Juvenile
Justice, if the person is adjudicated delinquent for such violation and has not previously
been convicted of or adjudicated delinquent for any criminal offense, regardless of
whether adjudication was withheld.
Probation as defined in s. 985.03, commitment to the
Department of Juvenile Justice, probation as defined in chapter 948, community control,
or incarceration, if the person is convicted as an adult of such violation and has not
previously been convicted of or adjudicated delinquent for any criminal offense,
regardless of whether adjudication was withheld.
As used in this subsection, the term “department” means the Department of Highway
Safety and Motor Vehicles. A court that revokes, suspends, or withholds issuance of a
driver license under subsection (2) shall:
If the person is eligible by reason of age for a driver license or driving privilege,
direct the department to revoke or withhold issuance of the person’s driver license or
driving privilege for not less than 6 months and not more than 1 year;
If the person’s driver license is under suspension or revocation for any reason, direct
the department to extend the period of suspension or revocation by not less than 6 months
and not more than 1 year; or
If the person is ineligible by reason of age for a driver license or driving privilege,
direct the department to withhold issuance of the person’s driver license or driving
privilege for not less than 6 months and not more than 1 year after the date on which the
person would otherwise become eligible.
Subsections (2) and (3) do not preclude the court from imposing any sanction
specified or not specified in subsection (2) or subsection (3).
A court that suspends the driver license of a person pursuant to subsection (1) may
direct the Department of Highway Safety
and Motor Vehicles to issue the person a license for driving privilege restricted to
business purposes only, as defined in s. 322.271, if he or she is otherwise qualified.
812.016. Possession of altered property.
Any dealer in property who knew or should have known that the identifying features,
such as serial numbers and permanently affixed labels, of property in his or her
possession had been removed or altered without the consent of the manufacturer, shall be
guilty of a misdemeanor of the first degree, punishable as defined in ss. 775.082 and
775.083.
812.017. Use of a fraudulently obtained or false receipt.
Any person who requests a refund of merchandise, money, or any other thing of
value through the use of a fraudulently obtained receipt or false receipt commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Any person who obtains merchandise, money, or any other thing of value through the
use of a fraudulently obtained receipt or false receipt commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
812.019. Dealing in stolen property.
Any person who traffics in, or endeavors to traffic in, property that he or she knows
or should know was stolen shall be guilty of a felony of the second degree, punishable as
provided in ss. 775.082, 775.083, and 775.084.
Any person who initiates, organizes, plans, finances,
directs, manages, or supervises the theft of property and traffics in such stolen property
shall be guilty of a felony of the first degree, punishable as provided in ss. 775.082,
775.083, and 775.084.
812.0191. Dealing in property paid for in whole or in part by the Medicaid
program.
(1) As used in this section, the term:
“Property paid for in whole or in part by the Medicaid program” means any devices,
goods, services, drugs, or any other property furnished or intended to be furnished to a
recipient of benefits under the Medicaid program.
“Value” means the amount billed to Medicaid for the property dispensed or the
market value of the devices, goods, services, or drugs at the time and place of the offense.
If the market value cannot be determined, the term means the replacement cost of the
devices, goods, services, or drugs within a reasonable time after the offense.
Any person who traffics in, or endeavors to traffic in, property that he or she knows
or should have known was paid for in whole or in part by the Medicaid program commits
a felony.
If the value of the property involved is less than $20,000, the crime is a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If the value of the property involved is $20,000 or more but less than $100,000, the
crime is a felony of the second degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
If the value of the property involved is $100,000 or more,
the crime is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
The value of individual items of the devices, goods, services, drugs, or other property
involved in distinct transactions committed during a single scheme or course of conduct,
whether involving a single person or several persons, may be aggregated when
determining the punishment for the offense.
Any person who knowingly initiates, organizes, plans, finances, directs, manages, or
supervises the obtaining of property paid for in whole or in part by the Medicaid program
and who traffics in, or endeavors to traffic in, such property commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
812.0195. Dealing in stolen property by use of the Internet.
Any person in this state who uses the Internet to sell or offer for sale any
merchandise or other property that the person knows, or has reasonable cause to believe,
is stolen commits:
A misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083, if the value of the property is less than $300; or
A felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, if the value of the property is $300 or more.
812.022. Evidence of theft or dealing in stolen property.
Proof that a person presented false identification, or identification not current with
respect to name, address, place of employment, or other material aspects, in connection with
the leasing of personal property, or failed to return leased property within 72 hours of the
termination of the leasing agreement, unless satisfactorily explained, gives rise to an
inference that such property was obtained or is now used with intent to commit theft.
Except as provided in subsection (5), proof of possession of property recently stolen,
unless satisfactorily explained, gives rise to an inference that the person in possession of the
property knew or should have known that the property had been stolen.
Proof of the purchase or sale of stolen property at a price substantially below the fair
market value, unless satisfactorily explained, gives rise to an inference that the person buying
or selling the property knew or should have known that the property had been stolen.
Proof of the purchase or sale of stolen property by a dealer in property, out of the regular
course of business or without the usual indicia of ownership other than mere possession,
unless satisfactorily explained, gives rise to an inference that the person buying or selling the
property knew or should have known that it had been stolen.
Proof that a dealer who regularly deals in used property possesses stolen property upon
which a name and phone number of a person other than the offeror of the property are
conspicuously displayed gives rise to an inference that the dealer possessing the property
knew or should have known that the
property was stolen.
If the name and phone number are for a business that rents property, the dealer avoids
the inference by contacting such business, prior to accepting the property, to verify that
the property was not stolen from such business. If the name and phone number are not for
a business that rents property, the dealer avoids the inference by contacting the local law
enforcement agency in the jurisdiction where the dealer is located, prior to accepting the
property, to verify that the property has not been reported stolen. An accurate written
record, which contains the number called, the date and time of such call, and the name
and place of employment of the person who verified that the property was not stolen, is
sufficient evidence to avoid the inference pursuant to this subsection.
This subsection does not apply to:
Persons, entities, or transactions exempt from chapter 538.
Used sports equipment that does not contain a serial number, printed or recorded
materials, computer software, or videos or video games.
A dealer who implements, in a continuous and consistent manner, a program for
identification and return of stolen property that meets the following criteria:
a. When a dealer is offered property for pawn or purchase that contains conspicuous
identifying information that includes a name and phone number, or a dealer is offered
property for pawn or purchase that contains ownership information that is affixed to the
property pursuant to a written agreement with a business entity or
group of associated business entities, the dealer will promptly contact the individual or
company whose name is affixed to the property by phone to confirm that the property has
not been stolen. If the individual or business contacted indicates that the property has
been stolen, the dealer shall not accept the property.
b. If the dealer is unable to verify whether the property is stolen from the individual
or business, and if the dealer accepts the property that is later determined to have been
stolen, the dealer will voluntarily return the property at no cost and without the necessity
of a replevin action, if the property owner files the appropriate theft reports with law
enforcement and enters into an agreement with the dealer to actively participate in the
prosecution of the person or persons who perpetrated the crime.
c. If a dealer is required by law to complete and submit a transaction form to law
enforcement, the dealer shall include all conspicuously displayed ownership information
on the transaction form.
Proof that a person was in possession of a stolen motor vehicle and that the ignition
mechanism of the motor vehicle had been bypassed or the steering wheel locking
mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an
inference that the person in possession of the stolen motor vehicle knew or should have
known that the motor vehicle had been stolen.
812.025. Charging theft and dealing in stolen property.
Notwithstanding any other provision of law, a single indictment or information may,
under proper circumstances, charge theft and
dealing in stolen property in connection with one scheme or course of conduct in separate
counts that may be consolidated for trial, but the trier of fact may return a guilty verdict
on one or the other, but not both, of the counts.
812.028. Defenses precluded.
It shall not constitute a defense to a prosecution for any violation of the provisions of
ss. 812.012812.037 that:
Any stratagem or deception, including the use of an undercover operative or law
enforcement officer, was employed.
A facility or an opportunity to engage in conduct in violation of any provision of this
act was provided.
Property that was not stolen was offered for sale as stolen property.
A law enforcement officer solicited a person predisposed to engage in conduct in
violation of any provision of ss. 812.012812.037 in order to gain evidence against that
person, provided such solicitation would not induce an ordinary lawabiding person to
violate any provision of ss. 812.012812.037.
812.032. Supplemental fine.
In addition to any other fine authorized by law, a person found guilty of violating any
provision of ss. 812.012812.037, who has thereby derived anything of value, or who has
caused personal injury, property damage, or other loss, may, upon motion of the state
attorney, be sentenced to pay a fine that does not exceed twice the gross value gained or
twice the gross loss caused,
whichever is greater, plus the cost of investigation and prosecution. The court shall hold a
hearing to determine the amount of the fine to be imposed under this section.
812.035. Civil remedies; limitation on civil and criminal actions.
Any circuit court may, after making due provisions for the rights of innocent persons,
enjoin violations of the provisions of ss. 812.012812.037 or s. 812.081 by issuing
appropriate orders and judgments, including, but not limited to:
Ordering any defendant to divest himself or herself of any interest in any enterprise,
including real estate.
Imposing reasonable restrictions upon the future activities or investments of any
defendant, including, but not limited to, prohibiting any defendant from engaging in the
same type of endeavor as the enterprise in which he or she was engaged in violation of
the provisions of ss. 812.012812.037 or s. 812.081.
Ordering the dissolution or reorganization of any enterprise.
engaged in conduct in violation of ss. 812.012812.037 or s. 812.081 and that, for the
prevention of future criminal activity, the public interest requires the charter of the
corporation forfeited and the corporation dissolved or the certificate revoked.
All property, real or personal, including money, used in the course of, intended for
use in the course of, derived from, or realized through conduct in violation of a provision
of ss. 812.012812.037 or s. 812.081 is subject to civil forfeiture to the state. The state
shall dispose of all forfeited property as soon as commercially feasible. If property is not
exercisable or transferable for value by the state, it shall expire. All forfeitures or
dispositions under this section shall be made with due provision for the rights of innocent
persons.
Property subject to forfeiture under this section may be seized by a law enforcement
officer upon court process. Seizure without process may be made if:
The seizure is incident to a lawful arrest or search or an inspection under an
administrative inspection warrant.
The property subject to seizure has been the subject of a prior judgment in favor of
the state in a forfeiture proceeding based upon this section.
The law enforcement officer has probable cause to believe that the property is
directly or indirectly dangerous to the public health or safety.
The law enforcement officer has probable cause to believe that the property is
otherwise subject to forfeiture under this section.
In the event of a seizure under subsection (3), a forfeiture proceeding shall be instituted
promptly. When property is seized under this section, pending forfeiture and final disposition,
the law enforcement officer may:
Place the property under seal.
Remove the property to a place designated by the court.
Require another agency authorized by law to take custody of the property and remove it
to an appropriate location.
The Department of Legal Affairs, any state attorney, or any state agency having
jurisdiction over conduct in violation of a provision of ss. 812.012812.037 or s. 812.081 may
institute civil proceedings under this section. In any action brought under this section, the
circuit court shall proceed as soon as practicable to the hearing and determination. Pending
final determination, the circuit court may at any time enter such injunctions, prohibitions, or
restraining orders, or take such actions, including the acceptance of satisfactory performance
bonds, as the court may deem proper.
Any aggrieved person may institute a proceeding under subsection (1). In such
proceeding, relief shall be granted in conformity with the principles that govern the granting
of injunctive relief from threatened loss or damage in other civil cases, except that no
showing of special or irreparable damage to the person shall have to be made. Upon the
execution of proper bond against damages for an injunction improvidently granted and a
showing of immediate danger of significant loss or damage, a temporary restraining order and
a preliminary injunction may be issued in any such action before a final determination on the
merits.
A final judgment or decree rendered in favor of the state in any criminal proceeding
under ss. 812.012812.037 or s. 812.081 shall estop the defendant in any subsequent civil
action or proceeding as to all matters as to which such judgment or decree would be an
estoppel as between the parties.
The Department of Legal Affairs may, upon timely application, intervene in any civil
action or proceeding brought under subsection (6) or subsection (7) if he or she certifies
that, in his or her opinion, the action or proceeding is of general public importance. In
such action or proceeding, the state shall be entitled to the same relief as if the
Department of Legal Affairs had instituted this action or proceeding.
Notwithstanding any other provision of law, a criminal or civil action or proceeding
under ss. 812.012812.037 or s.
812.081 may be commenced at any time within 5 years after the cause of action accrues;
however, in a criminal proceeding under
812.012812.037 or s. 812.081, the period of limitation does not run during any time
when the defendant is continuously absent from the state or is without a reasonably
ascertainable place of abode or work within the state, but in no case shall this extend the
period of limitation otherwise applicable by more than 1 year. If a criminal prosecution or
civil action or other proceeding is brought, or intervened in, to punish, prevent, or restrain
any violation of the provisions of ss. 812.012812.037 or s. 812.081, the running of the
period of limitations prescribed by this section with respect to any cause of action arising
under subsection (6) or subsection (7) which is based in whole or in part upon any matter
complained of in any such prosecution, action, or proceeding shall be suspended during
the pendency of such prosecution, action, or proceeding and for 2 years following its
termination.
The application of one civil remedy under any provision of
812.012812.037 or s. 812.081 shall not preclude the application of any other remedy,
civil or criminal, under ss. 812.012812.037 or s. 812.081 or any other section of the
Florida Statutes.
812.037. Construction of ss. 812.012812.037.
Notwithstanding s. 775.021, ss. 812.012812.037 shall not be construed strictly or
liberally, but shall be construed in light of their purposes to achieve their remedial goals.
812.055. Physical inspection of junkyards, scrap metal
processing plants, salvage yards, licensed motor vehicle or vessel dealers,
repair shops, parking lots, public garages, towing and storage facilities.
Any law enforcement officer shall have the right to inspect any junkyard; scrap metal
processing plant; motor vehicle or vessel salvage yard; licensed motor vehicle or vessel
dealer’s lot; motor vehicle, vessel, or outboard repair shop; parking lot; public garage;
towing and storage facility; or other establishment dealing with salvaged motor vehicle,
vessel, or outboard parts.
Such physical inspection shall be conducted during normal business hours and shall
be for the purpose of locating stolen vehicles, vessels, or outboard motors; investigating
the titling and registration of vehicles or vessels; inspecting vehicles, vessels, or outboard
motors wrecked or dismantled; or inspecting records required in ss. 319.30 and 713.78.
812.062. Notification to owner and law enforcement agency initiating stolen
motor vehicle report upon recovery of stolen vehicle.
Whenever any law enforcement agency recovers a motor vehicle which has been
unlawfully taken from its owner, it shall, within 72 hours, notify, by teletype or by any
other speedy means available, the law enforcement agency which initiated the stolen
vehicle report of the recovery. The law enforcement agency which initiated the stolen
vehicle report shall, within 7 days after notification, notify, if known, the registered
owner, the insurer, and any registered lienholder of the vehicle of the recovery.
If notification has not been made within the 7day period by
the initiating agency, then notification shall be made immediately by certified letter,
return receipt requested, by the law enforcement agency which initiated the stolen vehicle
report.
812.13. Robbery.
“Robbery” means the taking of money or other property which may be the subject of
larceny from the person or custody of another, with intent to either permanently or
temporarily deprive the person or the owner of the money or other property, when in the
course of the taking there is the use of force, violence, assault, or putting in fear.
(a) If in the course of committing the robbery the offender carried a firearm or other
deadly weapon, then the robbery is a felony of the first degree, punishable by
imprisonment for a term of years not exceeding life imprisonment or as provided in s.
775.082, s. 775.083, or s. 775.084.
If in the course of committing the robbery the offender carried a weapon, then the
robbery is a felony of the first degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
If in the course of committing the robbery the offender carried no firearm, deadly
weapon, or other weapon, then the robbery is a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(a) An act shall be deemed “in the course of committing the robbery” if it occurs in
an attempt to commit robbery or in flight after the attempt or commission.
An act shall be deemed “in the course of the taking” if it
occurs either prior to, contemporaneous with, or subsequent to the taking of the property
and if it and the act of taking constitute a continuous series of acts or events.
812.131. Robbery by sudden snatching.
“Robbery by sudden snatching” means the taking of money or other property from
the victim’s person, with intent to permanently or temporarily deprive the victim or the
owner of the money or other property, when, in the course of the taking, the victim was
or became aware of the taking. In order to satisfy this definition, it is not necessary to
show that:
The offender used any amount of force beyond that effort necessary to obtain
possession of the money or other property; or
There was any resistance offered by the victim to the offender or that there was
injury to the victim’s person.
(a) If, in the course of committing a robbery by sudden snatching, the offender
carried a firearm or other deadly weapon, the robbery by sudden snatching is a felony of
the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If, in the course of committing a robbery by sudden snatching, the offender carried
no firearm or other deadly weapon, the robbery by sudden snatching is a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(a) An act shall be deemed “in the course of committing a robbery by sudden
snatching” if the act occurs in an attempt to commit robbery by sudden snatching or in
fleeing after the attempt or commission.
An act shall be deemed “in the course of the taking” if the act occurs prior to,
contemporaneous with, or subsequent to the taking of the property and if such act and the
act of taking constitute a continuous series of acts or events.
812.133. Carjacking.
“Carjacking” means the taking of a motor vehicle which may be the subject of
larceny from the person or custody of another, with intent to either permanently or
temporarily deprive the person or the owner of the motor vehicle, when in the course of
the taking there is the use of force, violence, assault, or putting in fear.
(a) If in the course of committing the carjacking the offender carried a firearm or
other deadly weapon, then the carjacking is a felony of the first degree, punishable by
imprisonment for a term of years not exceeding life imprisonment or as provided in s.
775.082, s. 775.083, or s. 775.084.
If in the course of committing the carjacking the offender carried no firearm, deadly
weapon, or other weapon, then the carjacking is a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(a) An act shall be deemed “in the course of committing the carjacking” if it occurs
in an attempt to commit carjacking or in flight after the attempt or commission.
An act shall be deemed “in the course of the taking” if it occurs either prior to,
contemporaneous with, or subsequent to the taking of the property and if it and the act of
taking constitute a continuous series of acts or events.
812.135. Homeinvasion robbery.
“Homeinvasion robbery” means any robbery that occurs when the offender enters a
dwelling with the intent to commit a robbery, and does commit a robbery of the
occupants therein.
(a) If in the course of committing the homeinvasion robbery the person carries a
firearm or other deadly weapon, the person commits a felony of the first degree,
punishable by imprisonment for a term of years not exceeding life imprisonment as
provided in s. 775.082, s. 775.083, or s. 775.084.
If in the course of committing the homeinvasion robbery the person carries a
weapon, the person commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
If in the course of committing the homeinvasion robbery the person carries no
firearm, deadly weapon, or other weapon, the person commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
812.14. Trespass and larceny with relation to utility fixtures; theft
of utility services.
As used in this section, “utility” includes any person, firm, corporation, association,
or political subdivision, whether private, municipal, county, or cooperative, which is
engaged in the sale, generation, provision, or delivery of gas, electricity, heat, water, oil,
sewer service, telephone service, telegraph service, radio service, or telecommunication
service.
It is unlawful to:
Willfully alter, tamper with, injure, or knowingly suffer to be injured any meter,
meter seal, pipe, conduit, wire, line, cable, transformer, amplifier, or other apparatus or
device belonging to a utility line service in such a manner as to cause loss or damage or
to prevent any meter installed for registering electricity, gas, or water from registering the
quantity which otherwise would pass through the same; to alter the index or break the
seal of any such meter; in any way to hinder or interfere with the proper action or just
registration of any such meter or device; or knowingly to use, waste, or suffer the waste,
by any means, of electricity or gas or water passing through any such meter, wire, pipe,
or fitting, or other appliance or appurtenance connected with or belonging to any such
utility, after such meter, wire, pipe or fitting, or other appliance or appurtenance has been
tampered with, injured, or altered.
Make or cause to be made any connection with any wire, main, service pipe or other
pipes, appliance, or appurtenance in such manner as to use, without the consent of the
utility, any service or any electricity, gas, or water, or to cause to be supplied any service
or electricity, gas, or water from a utility to any person, firm, or corporation or any lamp,
burner, orifice, faucet, or other outlet whatsoever, without such service being reported for
payment or such electricity, gas, or water passing through a meter provided by the utility
and used for measuring and registering the quantity of electricity, gas, or water passing
through the same.
Use or receive the direct benefit from the use of a utility knowing, or under such
circumstances as would induce a reasonable person to believe, that such direct benefits
have resulted from any tampering with, altering of, or injury to any
connection, wire, conductor, meter, pipe, conduit, line, cable, transformer, amplifier, or
other apparatus or device owned, operated, or controlled by such utility, for the purpose
of avoiding payment.
The presence on property in the actual possession of a person of any device or
alteration that affects the diversion or use of the services of a utility so as to avoid the
registration of such use by or on a meter installed by the utility or so as to otherwise
avoid the reporting of use of such service for payment is prima facie evidence of the
violation of this section by such person; however, this presumption does not apply unless:
The presence of such a device or alteration can be attributed only to a deliberate act
in furtherance of an intent to avoid payment for utility services;
The person charged has received the direct benefit of the reduction of the cost of such
utility services; and
The customer or recipient of the utility services has received the direct benefit of
such utility service for at least one full billing cycle.
A person who willfully violates paragraph (2)(a), paragraph
(2)(b), or paragraph (2)(c) commits theft, punishable as provided in s. 812.014.
It is unlawful for a person or entity that owns, leases, or subleases a property to
permit a tenant or occupant to use utility services knowing, or under such circumstances
as would induce a reasonable person to believe, that such utility services have been
connected in violation of paragraph (2)(a), paragraph (2)(b), or
paragraph (2)(c).
It is prima facie evidence of a person’s intent to violate subsection (5) if:
A controlled substance and materials for manufacturing the controlled substance
intended for sale or distribution to another were found in a dwelling or structure;
The dwelling or structure has been visibly modified to accommodate the use of
equipment to grow marijuana indoors, including, but not limited to, the installation of
equipment to provide additional air conditioning, equipment to provide highwattage
lighting, or equipment for hydroponic cultivation; and
The person or entity that owned, leased, or subleased the dwelling or structure knew
of, or did so under such circumstances as would induce a reasonable person to believe in,
the presence of a controlled substance and materials for manufacturing a controlled
substance in the dwelling or structure, regardless of whether the person or entity was
involved in the manufacture or sale of a controlled substance or was in actual possession
of the dwelling or structure.
A person who willfully violates subsection (5) commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083. Prosecution for a violation of
subsection
does not preclude prosecution for theft pursuant to subsection
or s. 812.014.
Theft of utility services for the purpose of facilitating the manufacture of a controlled
substance is theft, punishable as provided in s. 812.014.
It is prima facie evidence of a person’s intent to violate subsection (8) if:
The person committed theft of utility services resulting in a dwelling, as defined in s.
810.011, or a structure, as defined in s. 810.011, receiving unauthorized access to utility
services;
A controlled substance and materials for manufacturing the controlled substance
were found in the dwelling or structure; and
The person knew of the presence of the controlled substance and materials for
manufacturing the controlled substance in the dwelling or structure, regardless of whether
the person was involved in the manufacture of the controlled substance.
Whoever is found in a civil action to have violated this section is liable to the utility
involved in an amount equal to 3 times the amount of services unlawfully obtained or
$3,000, whichever is greater.
This section does not apply to licensed and certified electrical contractors while
performing usual and ordinary service in accordance with recognized standards.
812.145. Theft of copper or other nonferrous metals.
(1) As used in this section, the term:
“Communications services” means the transmission, conveyance, or routing of voice,
data, audio, video, or any other information or signals, including cable services, to a
point, or between or among points, by or through any electronic, radio, satellite, cable,
optical, microwave, or other medium or method now in existence or hereafter devised,
regardless of the protocol
used for such transmission or conveyance. The term includes such transmission,
conveyance, or routing in which computer processing applications are used to act on the
form, code, or protocol of the content for purposes of transmission, conveyance, or
routing without regard to whether such service is referred to as voiceoverInternet
protocol services or is classified by the Federal Communications Commission as
enhanced or valueadded.
“Communications services provider” includes any person, firm, corporation, or
political subdivision, whether private, municipal, county, or cooperative, which is
engaged in the sale, generation, provision, or delivery of communications services.
“Copper or other nonferrous metals” means metals not containing significant
quantities of iron or steel, including, without limitation, copper, copper alloy, copper
utility or communications service wire, brass, aluminum, bronze, lead, zinc, nickel, and
alloys thereof.
“Electrical substation” means a facility that takes electricity from the transmission
grid and converts it to a lower voltage so it can be distributed to customers in the local
area on the local distribution grid through one or more distribution lines less than 69
kilovolts in size.
“Utility” means a public utility or electric utility as defined in s. 366.02, or a person,
firm, corporation, association, or political subdivision, whether private, municipal,
county, or cooperative, which is engaged in the sale, generation, provision, or delivery of
gas, electricity, heat, water, oil, sewer service, or
telephone,telegraph,radio,telecommunications,or
communications service. The term includes any person, firm, corporation, association, or
political subdivision, whether private, municipal, county, or cooperative, which is
engaged in the sale, generation, provision, or delivery of gas or electricity services.
“Utility service” means electricity for light, heat, or power and natural or
manufactured gas for light, heat, or power, including the transportation, delivery,
transmission, and distribution of electricity or natural or manufactured gas.
A person who knowingly and intentionally takes copper or other nonferrous metals
from a utility or communications services provider, thereby causing damage to the
facilities of a utility or communications services provider, interrupting or interfering with
utility service or communications services, or interfering with the ability of a utility or
communications services provider to provide service, commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who is found in a civil action to have illegally taken copper or other
nonferrous metals from a utility or communications services provider based on a
conviction for a violation of subsection (2) is liable to the utility or communications
services provider for damages in an amount equal to three times the actual damages
sustained by the utility or communications services provider due to any personal injury,
wrongful death, or property damage caused by the illegal taking of the nonferrous metals
or an amount equal to three times any claim made against the utility or communications
services provider for any personal injury, wrongful death, or property damage caused by
the malfunction of the facilities of the utility or communications services provider
resulting from the violation of
subsection (2), whichever is greater.
812.15. Unauthorized reception of communications services;
penalties.
(1) As used in this section, the term:
“Cable operator” means a communications service provider who provides some or all
of its communications services pursuant to a “cable television franchise” issued by a
“franchising authority,” as those terms are defined in 47 U.S.C. s. 522(9) and
(1992).
“Cable system” means any communications service network, system, or facility
owned or operated by a cable operator.
“Communications device” means any type of electronic mechanism, transmission
line or connections and appurtenances thereto, instrument, device, machine, equipment,
or software that is capable of intercepting, transmitting, acquiring, decrypting, or
receiving any communications service, or any part, accessory, or component thereof,
including any computer circuit, splitter, connector, switches, transmission hardware,
security module, smart card, software, computer chip, electronic mechanism, or other
component, accessory, or part of any communications device which is capable of
facilitating the interception, transmission, retransmission, acquisition, decryption, or
reception
of any communications service.
Any person or entity owning or operating any cable system or any fiber optic,
photooptical, electromagnetic, photoelectronic, satellite, wireless, microwave, radio, data
transmission, or Internetbased distribution network, system, or facility.
Any person or entity providing any lawful communications service, whether directly
or indirectly, as a reseller or licensee, by or through any such distribution network,
system, or facility.
(f) “Manufacture, development, or assembly of a communications device” means to
make, produce, develop, or assemble a communications device or any part, accessory, or
component thereof, or to modify, alter, program, or reprogram any communications
device so that it is capable of facilitating the commission of a violation of this section.
“Multipurpose device” means any communications device
that is capable of more than one function and includes any component thereof.
(a) A person may not knowingly intercept, receive, decrypt, disrupt, transmit,
retransmit, or acquire access to any communications service without the express
authorization of the cable operator or other communications service provider, as stated in
a contract or otherwise, with the intent to defraud the cable operator or communications
service provider, or to knowingly assist others in doing those acts with the intent to
defraud the cable operator or other communications provider. For the purpose of this
section, the term “assist others” includes:
The sale, transfer, license, distribution, deployment, lease, manufacture,
development, or assembly of a communications device for the purpose of facilitating the
unauthorized receipt, acquisition, interception, disruption, decryption, transmission,
retransmission, or access to any communications service offered by a cable operator or
any other communications service provider; or
The sale, transfer, license, distribution, deployment, lease, manufacture,
development, or assembly of a communications device for the purpose of defeating or
circumventing any effective technology, device, or software, or any component or part
thereof, used by a cable operator or other communications service provider to protect any
communications service from unauthorized receipt, acquisition, interception, disruption,
access, decryption, transmission, or retransmission.
Any person who willfully violates this subsection commits a misdemeanor of the first
degree, punishable as provided in s.
775.082 or s. 775.083.
(a) Any person who willfully violates paragraph (2)(a), paragraph (4)(a), or
subsection (5) and who has been previously convicted of any such provision commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who willfully and for purposes of direct or indirect commercial
advantage or private financial gain violates paragraph (2)(a), paragraph (4)(a), or
subsection (5) commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
(a) Any person who intentionally possesses a communications device, knowing or
having reason to know that the design of such device renders it primarily useful for the
purpose of committing, or assisting others in committing, a violation of paragraph (2)(a)
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
Any person who intentionally possesses five or more communications devices and
knows or has reason to know that the design of such devices renders them primarily
useful for committing, or assisting others in committing, a violation of paragraph (2)(a)
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
Any person who intentionally possesses fifty or more communications devices and
knows or has reason to know that the design of such devices renders them primarily
useful for committing, or assisting others in committing, a violation of paragraph (2)(a)
commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
It is unlawful for any person to place in any newspaper, magazine, handbill, or other
publication, including any electronic medium, any advertisement that, in whole or in part,
promotes the sale of a communications device if the person placing the advertisement
knows or has reason to know that the device is designed to be primarily useful for
committing, or assisting others in committing, a violation of paragraph (2)(a). Any person
who violates this subsection shall be guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
All fines shall be imposed as provided in s. 775.083 for each communications device
involved in the prohibited activity or for each day a defendant is in violation of this
section.
The court shall, in addition to any other sentence authorized by law, sentence a
person convicted of violating this section to make restitution as authorized by law.
Upon conviction of a defendant for violating this section, the court may, in addition
to any other sentence authorized by law, direct that the defendant forfeit any
communications device in the defendant’s possession or control which was involved in
the violation for which the defendant was convicted.
A violation of paragraph (2)(a) may be deemed to have been committed at any place
where the defendant manufactures, develops, or assembles any communications devices
involved in the violation, or assists others in these acts, or any place where the
communications device is sold or delivered to a purchaser or recipient. It is not a defense
to a violation of paragraph (2)(a) that some of the acts constituting the violation occurred
outside the
state.
(a) Any person aggrieved by any violation of this section may bring a civil action in
a circuit court or in any other court of competent jurisdiction.
(b) The court may:
Grant temporary and final injunctions on terms it finds reasonable to prevent or
restrain violations of this section in conformity with the principles that govern the
granting of injunctive relief from threatened loss or damage in other civil cases, except
that a showing of special or irreparable damages to the person need not be made.
At any time while the action is pending, order the impounding, on reasonable terms,
of any communications device that is in the custody or control of the violator and that the
court has reasonable cause to believe was involved in the alleged violation of this section,
and may grant other equitable relief, including the imposition of a constructive trust, as
the court considers reasonable and necessary.
Award damages pursuant to paragraphs (c), (d), and (e).
Direct the recovery of full costs, including awarding reasonable attorney’s fees, to an
aggrieved party who prevails.
As part of a final judgment or decree finding a violation of this section, order the
remedial modification or destruction of any communications device, or any other device
or equipment, involved in the violation which is in the custody or control of the violator
or has been impounded under subparagraph 2.
Damages awarded by any court under this section shall be computed in accordance
with subparagraph 1. or subparagraph 2.:
The party aggrieved may recover the actual damages suffered by him or her as a
result of the violation and any profits of the violator that are attributable to the violation
which are not taken into account in computing the actual damages.
a. Actual damages include the retail value of all communications services to which
the violator had unauthorized access as a result of the violation and the retail value of any
communications service illegally available to each person to whom the violator directly
or indirectly provided or distributed a communications device. In proving actual
damages, the party aggrieved must prove only that the violator manufactured, distributed,
or sold a communications device and is not required to prove that any such device was
actually used in violation of this section.
b. In determining the violator’s profits, the party aggrieved must prove only the
violator’s gross revenue, and the violator must prove his or her deductible expenses and
the elements of profit attributable to factors other than the violation.
Upon election of such damages at any time before final judgment is entered, the party
aggrieved may recover an award of statutory damages for each communications device
involved in the action, in a sum of not less than $250 or more than $10,000 for each such
device, as the court considers just.
In any case in which the court finds that the violation was committed willfully and
for purposes of commercial advantage or financial gain, the court in its discretion may
increase the award
of damages, whether actual or statutory under this section, by an amount of not more than
$50,000 for each communications device involved in the action and for each day the
defendant is in violation of this section.
In any case in which the court finds that the violator was not aware and had no reason
to believe that his or her acts constituted a violation of this section, the court in its
discretion may reduce the award of damages to a sum of not less than $100.
This section shall not be construed to impose any criminal or civil liability upon any
state or local law enforcement agency; any state or local government agency,
municipality, or authority; or any communications service provider unless such entity is
acting knowingly and with intent to defraud a communications service provider as
defined in this section.
A person that manufactures, produces, assembles, designs, sells, distributes, licenses,
or develops a multipurpose device shall not be in violation of this section unless that
person acts knowingly and with an intent to defraud a communications services provider
and the multipurpose device:
Is manufactured, developed, assembled, produced, designed, distributed, sold, or
licensed for the primary purpose of committing a violation of this section;
Has only a limited commercially significant purpose or use other than for the
commission of any violation of this section; or
Is marketed by that person or another acting in concert with that person with that
person’s knowledge for the purpose of committing any violation of this section.
Nothing in this section shall require that the design of, or design and selection of
parts, software code, or components for, a communications device provide for a response
to any particular technology, device, or software, or any component or part thereof, used
by the provider, owner, or licensee of any communications service or of any data, audio
or video programs, or transmissions, to protect any such communications, data, audio or
video service, programs, or transmissions from unauthorized receipt, acquisition,
interception, access, decryption, disclosure, communication, transmission, or
retransmission.
812.155. Hiring, leasing, or obtaining personal property or equipment with
the intent to defraud; failing to return hired or leased personal property or
equipment; rules of evidence.
OBTAINING BY TRICK, FALSE REPRESENTATION, ETC.—Whoever, with the
intent to defraud the owner or any person lawfully possessing any personal property or
equipment, obtains the custody of the personal property or equipment by trick, deceit, or
fraudulent or willful false representation commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal
property or equipment is of a value of $300 or more; in that case the person commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
HIRING OR LEASING WITH THE INTENT TO DEFRAUD.—Whoever, with
intent to defraud the owner or any person lawfully possessing personal property or
equipment of the rental thereof, hires or leases the personal property or equipment from
the owner or the owner’s agents or any person in lawful
possession thereof commits a misdemeanor of the second degree, punishable as provided
in s. 775.082 or s. 775.083, unless the value of the personal property or equipment is of a
value of $300 or more; in that case the person commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
FAILURE TO RETURN HIRED OR LEASED PERSONAL PROPERTY.—
Whoever, after hiring or leasing personal property or equipment under an agreement to
return the personal property to the person letting the personal property or equipment or
his or her agent at the termination of the period for which it was let, shall, without the
consent of the person or persons knowingly abandon or refuse to return the personal
property or equipment as agreed, commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083, unless the value of the personal
property or equipment is of a value of $300 or more; in that case the person commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
EVIDENCE.—
In a prosecution under this section, obtaining the property or equipment under false
pretenses; absconding without payment; or removing or attempting to remove the
property or equipment from the county without the express written consent of the lessor,
is evidence of fraudulent intent.
In a prosecution under subsection (3), failure to redeliver the property or equipment
within 5 days after receiving the demand for return from a courier service with tracking
capability
or by certified mail, return receipt requested, or within 5 days after delivery by the
courier service or return receipt from the certified mailing of the demand for return, is
prima facie evidence of abandonment or refusal to redeliver the property or equipment.
Notice mailed by certified mail, return receipt requested, or delivery by courier with
tracking capability to the address given by the renter at the time of rental is sufficient and
equivalent to notice having been received by the renter, should the notice be returned
undelivered.
In a prosecution under subsection (3), failure to pay any amount due which is
incurred as the result of the failure to redeliver property or equipment after the rental
period expires, and after the demand for return is made, is prima facie evidence of
abandonment or refusal to redeliver the property or equipment. Amounts due include
unpaid rental for the time period during which the property or equipment was not
returned and include the lesser of the cost of repairing or replacing the property or
equipment if it has been damaged.
DEMAND FOR RETURN.—Demand for return of overdue property or equipment
and for payment of amounts due may be made in person, by hand delivery, by certified
mail, return receipt requested, or by courier service with tracking capability, addressed to
the lessee’s address shown in the rental contract.
NOTICE REQUIRED.—As a prerequisite to prosecution under this section, the
following statement must be contained in the agreement under which the owner or person
lawfully possessing the property or equipment has relinquished its custody, or in an
addendum to that agreement, and the statement must be initialed by the person hiring or
leasing the rental property or
equipment:
Failure to return rental property or equipment upon expiration of the rental period
and failure to pay all amounts due (including costs for damage to the property or
equipment) are evidence of abandonment or refusal to redeliver the property, punishable
in accordance with section 812.155, Florida Statutes.
THIRDPARTY POSSESSION.—Possession of personal property or equipment by a
third party does not alleviate the lessee of his or her obligation to return the personal
property or equipment according to the terms stated in the contract by which the property
or equipment was leased or rented to the lessee, and is not a defense against failure to
return unless the lessee provides the court or property owner with documentation that
demonstrates that the personal property or equipment was obtained without the lessee’s
consent.
REPORTING VEHICLE AS STOLEN.—A lessor of a vehicle that is not returned at
the conclusion of the lease who satisfies the requirements of this section regarding the
vehicle is entitled to report the vehicle as stolen to a law enforcement agency and have
the vehicle listed as stolen on any local or national registry of such vehicles.
812.16. Operating chop shops; definitions; penalties; restitution;
forfeiture.
(1) As used in this section, the term:
“Chop shop” means any area, building, storage lot, field, or other premises or place
where one or more persons are engaged or have engaged in altering, dismantling,
reassembling, or in any
way concealing or disguising the identity of a stolen motor vehicle or of any major
component part of a stolen motor vehicle; where there are two or more stolen motor
vehicles present; or where there are major component parts from two or more stolen
motor vehicles present.
“Major component part” means one of the following subassemblies of a motor
vehicle, regardless of its actual market value: frontend assembly, including fenders,
grills, hood, bumper, and related parts; frame and frame assembly; engine; transmission;
Ttops; rear clip assembly, including quarter panels and floor panel assembly; doors; and
tires, tire wheels, and continuous treads and other devices.
“Motor vehicle” includes every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, which device is selfpropelled or may
be connected to and towed by a selfpropelled device, and also includes any and all other
landbased devices which are selfpropelled but which are not designed for use upon a
highway, including but not limited to farm machinery and steam shovels.
Any person who knowingly owns, operates, or conducts a chop shop or who
knowingly aids and abets another person in owning, operating, or conducting a chop shop
is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
A person who violates this section, upon conviction, in addition to any other
punishment, may be ordered to make restitution to the rightful owner of a stolen motor
vehicle or of a stolen major component part, or to the owner’s insurer if the
owner has already been compensated for the loss by the insurer, for any financial loss
sustained as a result of the theft of the motor vehicle or a major component part.
Restitution may be imposed in addition to any imprisonment or fine imposed, but not in
lieu thereof.
The following may be seized and are subject to forfeiture pursuant to ss. 932.701
932.704:
Any stolen motor vehicle or major component part found at the site of a chop shop or
any motor vehicle or major component part for which there is probable cause to believe
that it is stolen but for which the true owner cannot be identified.
Any engine, tool, machine, implement, device, chemical, or substance used or
designed for altering, dismantling, reassembling, or in any other way concealing or
disguising the identity of a stolen motor vehicle or any major component part.
A wrecker, car hauler, or other motor vehicle that is knowingly used or has been used
to convey or transport a stolen motor vehicle or major component part.
CHAPTER 815
COMPUTERRELATED CRIMES
815.03. Definitions.
As used in this chapter, unless the context clearly indicates otherwise:
“Access” means to approach, instruct, communicate with, store data in, retrieve data
from, or otherwise make use of any resources of a computer, computer system, or
computer network.
“Computer” means an internally programmed, automatic device that performs data
processing.
“Computer contaminant” means any set of computer instructions designed to modify,
damage, destroy, record, or transmit information within a computer, computer system, or
computer network without the intent or permission of the owner of the information. The
term includes, but is not limited to, a group of computer instructions, commonly called
viruses or worms, which are selfreplicating or selfpropagating and which are designed
to contaminate other computer programs or computer data; consume computer resources;
modify, destroy, record, or transmit data; or in some other fashion usurp or interfere with
the normal operation of the computer, computer system, or computer network.
“Computer network” means a system that provides a medium for communication
between one or more computer systems or electronic devices, including communication
with an input or output device such as a display terminal, printer, or other electronic
equipment that is connected to the computer systems or
electronic devices by physical or wireless telecommunication facilities.
“Computer program or computer software” means a set of instructions or statements
and related data which, when executed in actual or modified form, cause a computer,
computer system, or computer network to perform specified functions.
“Computer services” include, but are not limited to, computer time; data processing
or storage functions; or other uses of a computer, computer system, or computer network.
“Computer system” means a device or collection of devices, including support
devices, one or more of which contain computer programs, electronic instructions, or
input data and output data, and which perform functions, including, but not limited to,
logic, arithmetic, data storage, retrieval, communication, or control. The term does not
include calculators that are not programmable and that are not capable of being used in
conjunction with external files.
“Data” means a representation of information, knowledge, facts, concepts, computer
software, computer programs, or instructions. Data may be in any form, in storage media
or stored in the memory of the computer, or in transit or presented on a display device.
“Electronic device” means a device or a portion of a device that is designed for and
capable of communicating across a computer network with other computers or devices
for the purpose of transmitting, receiving, or storing data, including, but not limited to, a
cellular telephone, tablet, or other portable device designed for and capable of
communicating with or across a
computer network and that is actually used for such purpose.
“Financial instrument” means any check, draft, money order, certificate of deposit,
letter of credit, bill of exchange, credit card, or marketable security.
“Intellectual property” means data, including programs.
“Property” means anything of value as defined in s. 812.012 and includes, but is not
limited to, financial instruments, information, including electronically produced data and
computer software and programs in machinereadable or humanreadable form, and any
other tangible or intangible item of value.
815.04. Offenses against intellectual property; public records
exemption.
A person who willfully, knowingly, and without authorization introduces a computer
contaminant or modifies or renders unavailable data, programs, or supporting
documentation residing or existing internal or external to a computer, computer system,
computer network, or electronic device commits an offense against intellectual property.
A person who willfully, knowingly, and without authorization destroys data,
programs, or supporting documentation residing or existing internal or external to a
computer, computer system, computer network, or electronic device commits an offense
against intellectual property.
Data, programs, or supporting documentation that is a trade secret as defined in s.
812.081, that is held by an agency as defined in chapter 119, and that resides or exists
internal or
external to a computer, computer system, computer network, or electronic device is
confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
State Constitution. This subsection is subject to the Open Government Sunset Review
Act in accordance with s. 119.15 and shall stand repealed on October 2, 2021, unless
reviewed and saved from repeal through reenactment by the Legislature.
A person who willfully, knowingly, and without authorization discloses or takes data,
programs, or supporting documentation that is a trade secret as defined in s. 812.081 or is
confidential as provided by law residing or existing internal or external to a computer,
computer system, computer network, or electronic device commits an offense against
intellectual property.
(a) Except as otherwise provided in this subsection, an offense against intellectual
property is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
If the offense is committed for the purpose of devising or executing any scheme or
artifice to defraud or to obtain any property, the person commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
815.06. Offenses against users of computers, computer systems,
computer networks, and electronic devices.
As used in this section, the term “user” means a person with the authority to operate
or maintain a computer, computer system, computer network, or electronic device.
A person commits an offense against users of computers,
computer systems, computer networks, or electronic devices if he or she willfully,
knowingly, and without authorization:
Accesses or causes to be accessed any computer, computer system, computer
network, or electronic device with knowledge that such access is unauthorized;
Disrupts or denies or causes the denial of the ability to transmit data to or from an
authorized user of a computer, computer system, computer network, or electronic device,
which, in whole or in part, is owned by, under contract to, or operated for, on behalf of,
or in conjunction with another;
Destroys, takes, injures, or damages equipment or supplies used or intended to be
used in a computer, computer system, computer network, or electronic device;
Destroys, injures, or damages any computer, computer system, computer network, or
electronic device;
Introduces any computer contaminant into any computer, computer system, computer
network, or electronic device; or
Engages in audio or video surveillance of an individual by accessing any inherent
feature or component of a computer, computer system, computer network, or electronic
device, including accessing the data or information of a computer, computer system,
computer network, or electronic device that is stored by a third party.
(a) Except as provided in paragraphs (b) and (c), a person who violates subsection (2)
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
A person commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, if he or she violates subsection (2) and:
Damages a computer, computer equipment or supplies, a computer system, or a
computer network and the damage or loss is at least $5,000;
Commits the offense for the purpose of devising or executing any scheme or artifice
to defraud or obtain property;
Interrupts or impairs a governmental operation or public communication,
transportation, or supply of water, gas, or other public service; or
Intentionally interrupts the transmittal of data to or from, or gains unauthorized
access to, a computer, computer system, computer network, or electronic device
belonging to any mode of public or private transit, as defined in s. 341.031.
A person who violates subsection (2) commits a felony of the first degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084, if the violation:
Endangers human life; or
Disrupts a computer, computer system, computer network, or electronic device that
affects medical equipment used in the direct administration of medical care or treatment
to a person.
A person who willfully, knowingly, and without authorization modifies equipment or
supplies used or intended to be used in a computer, computer system, computer network,
or electronic device commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(a) In addition to any other civil remedy available, the owner or lessee of the
computer, computer system, computer network, computer program, computer equipment
or supplies, electronic device, or computer data may bring a civil action against a person
convicted under this section for compensatory damages.
In an action brought under this subsection, the court may award reasonable attorney
fees to the prevailing party.
A computer, computer system, computer network, computer software, computer data,
or electronic device owned by a defendant that is used during the commission of a
violation of this section or a computer or electronic device owned by the defendant that is
used as a repository for the storage of software or data obtained in violation of this
section is subject to forfeiture as provided under ss. 932.701932.704.
This section does not apply to a person who:
Acts pursuant to a search warrant or to an exception to a search warrant authorized
by law;
Acts within the scope of his or her lawful employment; or
Performs authorized security operations of a government or business.
For purposes of bringing a civil or criminal action under this section, a person who
causes, by any means, the access to a computer, computer system, computer network, or
electronic device in one jurisdiction from another jurisdiction is deemed to
have personally accessed the computer, computer system, computer network, or
electronic device in both jurisdictions.
This chapter does not impose liability on a provider of an interactive computer
service as defined in 47 U.S.C. s. 230(f), information service as defined in 47 U.S.C. s.
153, or communications service as defined in s. 202.11 that provides the transmission,
storage, or caching of electronic communications or messages of others; other related
telecommunications or commercial mobile radio service; or content provided by another
person.
815.061. Offenses against public utilities.
As used in this section, the term “public utility” includes:
(a) A public utility or electric utility as defined in s. 366.02.
(b) A utility as defined in s. 367.021.
A natural gas transmission company as defined in s. 368.103.
A person, corporation, partnership, association, public agency, municipality,
cooperative, gas district, or other legal entity and their lessees, trustees, or receivers, now
or hereafter owning, operating, managing, or controlling gas transmission or distribution
facilities or any other facility supplying or storing natural or manufactured gas or
liquefied gas with air admixture or any similar gaseous substances by pipeline to or for
the public within this state.
A separate legal entity created under s. 163.01 and composed of any of the entities
described in this subsection for
the purpose of providing utility services in this state, including wholesale power and
electric transmission services.
A person may not willfully, knowingly, and without authorization:
Gain access to a computer, computer system, computer network, or electronic device
owned, operated, or used by a public utility while knowing that such access is
unauthorized.
Physically tamper with, insert a computer contaminant into, or otherwise transmit
commands or electronic communications to a computer, computer system, computer
network, or electronic device that causes a disruption in any service delivered by a public
utility.
(a) A person who violates paragraph (2)(a) commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who violates paragraph (2)(b) commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
815.07. This chapter not exclusive.
The provisions of this chapter shall not be construed to preclude the applicability of
any other provision of the criminal law of this state which presently applies or may in the
future apply to any transaction which violates this chapter, unless such provision is
inconsistent with the terms of this chapter.
CHAPTER 817
FRAUDULENT PRACTICES
817.011. Definition.
As used in this chapter, the term “business entity” means any corporation,
partnership, limited partnership, company, limited liability company, proprietorship, firm,
enterprise, franchise, association, selfemployed individual, or trust, whether fictitiously
named or not, doing business in this state.
817.02. Obtaining property by false personation.
Whoever falsely personates or represents another person, and in such assumed
character:
Receives any property intended to be delivered to that person, with intent to convert
the same to his or her own use; or
To the extent not subject to s. 817.568, damages the credit history or rating of, or
otherwise causes harm to, the person whose identity has been assumed through the taking
of property from any person,
shall be punished as if he or she had been convicted of larceny.
(a) In sentencing a defendant convicted of a violation of this section, in addition to
restitution to the victim under s. 775.089, the court may order restitution for the victim’s
outofpocket costs, including attorney fees and fees associated with services provided by
certified public accountants licensed under chapter 473, incurred by the victim in clearing
the victim’s credit history or credit rating, or costs incurred in connection with a civil or
administrative proceeding to satisfy a debt, lien, or other obligation of the victim arising
as a result of the actions of the defendant.
The sentencing court may issue such orders as are necessary to correct a public
record that contains false information given in violation of this section.
(a) A victim of the conduct subject to this section shall have a civil cause of action
against a person who has engaged in the conduct prohibited by this section as provided in
s. 772.11.
For purposes of this subsection, the term “victim” includes, to the extent not already
included within s. 817.568, a person whose identity was falsely personated or who suffers
a loss of property as a result of the false personation.
817.025. Home or private business invasion by false personation;
penalties.
A person who obtains access to a home or private business by false personation or
representation, with the intent to commit a felony, commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If such act results in
serious injury or death, it is a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
817.034. Florida Communications Fraud Act.
(1) LEGISLATIVE INTENT.—
The Legislature recognizes that schemes to defraud have proliferated in the United
States in recent years and that many
operators of schemes to defraud use communications technology to solicit victims and
thereby conceal their identities and overcome a victim’s normal resistance to sales
pressure by delivering a personalized sales message.
It is the intent of the Legislature to prevent the use of communications technology in
furtherance of schemes to defraud by consolidating former statutes concerning schemes
to defraud and organized fraud to permit prosecution of these crimes utilizing the legal
precedent available under federal mail and wire fraud statutes.
SHORT TITLE.—This section may be cited as the “Florida Communications Fraud
Act.”
DEFINITIONS.—As used in this section, the term:
Real property, including things growing on, affixed to, or found in land;
Tangible or intangible personal property, including rights,
privileges, interests, and claims; and
3. Services.
“Scheme to defraud” means a systematic, ongoing course of conduct with intent to
defraud one or more persons, or with intent to obtain property from one or more persons
by false or fraudulent
pretenses, representations, or promises or willful misrepresentations of a future act.
“Value” means value determined according to any of the following:
a. The market value of the property at the time and place of the offense, or, if such
cannot be satisfactorily ascertained, the cost of replacement of the property within a
reasonable time after the offense.
b. The value of a written instrument that does not have a readily ascertainable market
value, in the case of an instrument such as a check, draft, or promissory note, is the
amount due or collectible or is, in the case of any other instrument which creates,
releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation,
the greatest amount of economic loss that the owner of the instrument might reasonably
suffer by virtue of the loss of the instrument.
c. The value of a trade secret that does not have a readily ascertainable market value
is any reasonable value representing the damage to the owner, suffered by reason of
losing an advantage over those who do not know of or use the trade secret.
If the value of property cannot be ascertained, the trier of fact may find the value to
be not less than a certain amount; if no such
minimum value can be ascertained, the value is an amount less than $300.
Amounts of value of separate properties obtained in one scheme to defraud, whether
from the same person or from several persons, shall be aggregated in determining the
grade of the offense under paragraph (4)(a).
(4) OFFENSES.—
Any person who engages in a scheme to defraud and obtains property thereby is
guilty of organized fraud, punishable as follows:
If the amount of property obtained has an aggregate value of $50,000 or more, the
violator is guilty of a felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
If the amount of property obtained has an aggregate value of $20,000 or more, but
less than $50,000, the violator is guilty of a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
If the amount of property obtained has an aggregate value of less than $20,000, the
violator is guilty of a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Any person who engages in a scheme to defraud and, in furtherance of that scheme,
communicates with any person with intent to obtain property from that person is guilty,
for each such act of communication, of communications fraud, punishable as follows:
If the value of property obtained or endeavored to be obtained by the communication
is valued at $300 or more, the violator is guilty of a third degree felony, punishable as set
forth in s. 775.082, s. 775.083, or s. 775.084.
If the value of the property obtained or endeavored to be obtained by the
communication is valued at less than $300, the violator is guilty of a misdemeanor of the
first degree, punishable as set forth in s. 775.082 or s. 775.083.
Notwithstanding any contrary provisions of law, separate judgments and sentences
for organized fraud under paragraph (a) and for each offense of communications fraud
under paragraph
may be imposed when all such offenses involve the same scheme to defraud.
Notwithstanding any other provision of law, a criminal action or civil action or
proceeding under this section may be commenced at any time within 5 years after the
cause of action accrues; however, in a criminal proceeding under this section, the period
of limitation does not run during any time when the defendant is continuously absent
from the state or is without a reasonably ascertainable place of abode or work within the
state, but in no case shall this extend the period of limitation otherwise applicable by
more than 1 year.
817.037. Fraudulent refunds.
Any person who engages in a systematic, ongoing course of conduct to obtain a
refund for merchandise from a business establishment by knowingly giving a false or
fictitious name or address as his or her own or the name or address of any other
person without that person’s knowledge and approval is guilty of a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083.
In order for a person to be convicted under this section, a conspicuous notice must
have been posted in the business establishment in the area where refunds are made,
advising patrons of the provisions of this section and the penalties provided.
817.233. Burning to defraud the insurer.
Any person who willfully and with intent to injure or defraud the insurer sets fire to
or burns or attempts so to do or who causes to be burned or who aids, counsels or
procures the burning of any building, structure or personal property, of whatsoever class
or character, whether the property of himself or herself or of another, which shall at the
time be insured by any person against loss or damage by fire, shall be guilty of a felony
of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
817.234. False and fraudulent insurance claims.
(a) A person commits insurance fraud punishable as provided in subsection (11) if
that person, with the intent to injure, defraud, or deceive any insurer:
Presents or causes to be presented any written or oral statement as part of, or in
support of, a claim for payment or other benefit pursuant to an insurance policy or a
health maintenance organization subscriber or provider contract, knowing that such
statement contains any false, incomplete, or misleading
information concerning any fact or thing material to such claim;
Prepares or makes any written or oral statement that is intended to be presented to
any insurer in connection with, or in support of, any claim for payment or other benefit
pursuant to an insurance policy or a health maintenance organization subscriber or
provider contract, knowing that such statement contains any false, incomplete, or
misleading information concerning any fact or thing material to such claim;
a. Knowingly presents, causes to be presented, or prepares or makes with knowledge
or belief that it will be presented to any insurer, purported insurer, servicing corporation,
insurance broker, or insurance agent, or any employee or agent thereof, any false,
incomplete, or misleading information or written or oral statement as part of, or in
support of, an application for the issuance of, or the rating of, any insurance policy, or a
health maintenance organization subscriber or provider contract; or
b. Knowingly conceals information concerning any fact material to such application;
or
Knowingly presents, causes to be presented, or prepares or makes with knowledge or
belief that it will be presented to any insurer a claim for payment or other benefit under a
personal injury protection insurance policy if the person knows that the payee knowingly
submitted a false, misleading, or fraudulent application or other document when applying
for licensure as a health care clinic, seeking an exemption from licensure as a health care
clinic, or demonstrating compliance with part X of chapter
All claims and application forms must contain a statement
that is approved by the Office of Insurance Regulation of the Financial Services
Commission which clearly states in substance the following: “Any person who
knowingly and with intent to injure, defraud, or deceive any insurer files a statement of
claim or an application containing any false, incomplete, or misleading information is
guilty of a felony of the third degree.” This paragraph does not apply to reinsurance
contracts, reinsurance agreements, or reinsurance claims transactions.
(a) Any physician licensed under chapter 458, osteopathic physician licensed under
chapter 459, chiropractic physician licensed under chapter 460, or other practitioner
licensed under the laws of this state who knowingly and willfully assists, conspires with,
or urges any insured party to fraudulently violate any of the provisions of this section or
part XI of chapter 627, or any person who, due to such assistance, conspiracy, or urging
by said physician, osteopathic physician, chiropractic physician, or practitioner,
knowingly and willfully benefits from the proceeds derived from the use of such fraud,
commits insurance fraud, punishable as provided in subsection (11). In the event that a
physician, osteopathic physician, chiropractic physician, or practitioner is adjudicated
guilty of a violation of this section, the Board of Medicine as set forth in chapter 458, the
Board of Osteopathic Medicine as set forth in chapter 459, the Board of Chiropractic
Medicine as set forth in chapter 460, or other appropriate licensing authority shall hold an
administrative hearing to consider the imposition of administrative sanctions as provided
by law against said physician, osteopathic physician, chiropractic physician, or
practitioner.
In addition to any other provision of law, systematic
upcoding by a provider, as defined in s. 641.19(14), with the intent to obtain
reimbursement otherwise not due from an insurer is punishable as provided in s.
641.52(5).
Any attorney who knowingly and willfully assists, conspires with, or urges any
claimant to fraudulently violate any of the provisions of this section or part XI of chapter
627, or any person who, due to such assistance, conspiracy, or urging on such attorney’s
part, knowingly and willfully benefits from the proceeds derived from the use of such
fraud, commits insurance fraud, punishable as provided in subsection (11).
Any person or governmental unit licensed under chapter 395 to maintain or operate a
hospital, and any administrator or employee of any such hospital, who knowingly and
willfully allows the use of the facilities of said hospital by an insured party in a scheme or
conspiracy to fraudulently violate any of the provisions of this section or part XI of
chapter 627 commits insurance fraud, punishable as provided in subsection (11). Any
adjudication of guilt for a violation of this subsection, or the use of business practices
demonstrating a pattern indicating that the spirit of the law set forth in this section or part
XI of chapter 627 is not being followed, shall be grounds for suspension or revocation of
the license to operate the hospital or the imposition of an administrative penalty of up to
$5,000 by the licensing agency, as set forth in chapter 395.
Any insurer damaged as a result of a violation of any provision of this section when
there has been a criminal adjudication of guilt shall have a cause of action to recover
compensatory damages, plus all reasonable investigation and litigation expenses,
including attorneys’ fees, at the trial and
appellate courts.
For the purposes of this section, “statement” includes, but is not limited to, any
notice, statement, proof of loss, bill of lading, invoice, account, estimate of property
damages, bill for services, diagnosis, prescription, hospital or doctor records, X ray, test
result, or other evidence of loss, injury, or expense.
(a) It shall constitute a material omission and insurance fraud, punishable as provided
in subsection (11), for any service provider, other than a hospital, to engage in a general
business practice of billing amounts as its usual and customary charge, if such provider
has agreed with the insured or intends to waive deductibles or copayments, or does not
for any other reason intend to collect the total amount of such charge. With respect to a
determination as to whether a service provider has engaged in such general business
practice, consideration shall be given to evidence of whether the physician or other
provider made a good faith attempt to collect such deductible or copayment. This
paragraph does not apply to physicians or other providers who waive deductibles or
copayments or reduce their bills as part of a bodily injury settlement or verdict.
The provisions of this section shall also apply as to any insurer or adjusting firm or
its agents or representatives who, with intent, injure, defraud, or deceive any claimant
with regard to any claim. The claimant shall have the right to recover the damages
provided in this section.
An insurer, or any person acting at the direction of or on behalf of an insurer, may
not change an opinion in a mental or physical report prepared under s. 627.736(7) or
direct the
physician preparing the report to change such opinion; however, this provision does not
preclude the insurer from calling to the attention of the physician errors of fact in the
report based upon information in the claim file. Any person who violates this paragraph
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
A contractor, or a person acting on behalf of a contractor, may not knowingly or
willfully and with intent to injure, defraud, or deceive, pay, waive, or rebate all or part of
an insurance deductible applicable to payment to the contractor, or a person acting on
behalf of a contractor, for repairs to property covered by a property insurance policy. A
person who violates this paragraph commits a third degree felony, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
(a) It is unlawful for any person intending to defraud any other person to solicit or
cause to be solicited any business from a person involved in a motor vehicle accident for
the purpose of making, adjusting, or settling motor vehicle tort claims or claims for
personal injury protection benefits required by s. 627.736. Any person who violates the
provisions of this paragraph commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. A person who is convicted of a
violation of this subsection shall be sentenced to a minimum term of imprisonment of 2
years.
A person may not solicit or cause to be solicited any business from a person involved
in a motor vehicle accident by any means of communication other than advertising
directed to the public for the purpose of making motor vehicle tort claims or claims for
personal injury protection benefits required by s.
627.736, within 60 days after the occurrence of the motor vehicle accident. Any person
who violates this paragraph commits a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
A lawyer, health care practitioner as defined in s. 456.001, or owner or medical
director of a clinic required to be licensed pursuant to s. 400.9905 may not, at any time
after 60 days have elapsed from the occurrence of a motor vehicle accident, solicit or
cause to be solicited any business from a person involved in a motor vehicle accident by
means of in person or telephone contact at the person’s residence, for the purpose of
making motor vehicle tort claims or claims for personal injury protection benefits
required by s. 627.736. Any person who violates this paragraph commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Charges for any services rendered by any person who violates this subsection in
regard to the person for whom such services were rendered are noncompensable and
unenforceable as a matter of law.
A person may not organize, plan, or knowingly participate in an intentional motor
vehicle crash or a scheme to create documentation of a motor vehicle crash that did not
occur for the purpose of making motor vehicle tort claims or claims for personal injury
protection benefits as required by s. 627.736. Any person who violates this subsection
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084. A person who is convicted of a violation of this subsection shall be
sentenced to a minimum term of imprisonment of 2 years.
A licensed health care practitioner who is found guilty of insurance fraud under this
section for an act relating to a personal injury protection insurance policy loses his or her
license to practice for 5 years and may not receive reimbursement for personal injury
protection benefits for 10 years.
If the value of any property involved in a violation of this section:
Is less than $20,000, the offender commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Is $20,000 or more, but less than $100,000, the offender commits a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Is $100,000 or more, the offender commits a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
In addition to any criminal liability, a person convicted of violating any provision of
this section for the purpose of receiving insurance proceeds from a motor vehicle
insurance contract is subject to a civil penalty.
Except for a violation of subsection (9), the civil penalty shall be:
A fine up to $5,000 for a first offense.
A fine greater than $5,000, but not to exceed $10,000, for a second offense.
A fine greater than $10,000, but not to exceed $15,000, for a third or subsequent
offense.
The civil penalty for a violation of subsection (9) must be at least $15,000 but may
not exceed $50,000.
The civil penalty shall be paid to the Insurance Regulatory Trust Fund within the
Department of Financial Services and used by the department for the investigation and
prosecution of insurance fraud.
This subsection does not prohibit a state attorney from entering into a written
agreement in which the person charged with the violation does not admit to or deny the
charges but consents to payment of the civil penalty.
(13) As used in this section, the term:
“Value” means value as defined in s. 812.012.
817.2341. False or misleading statements or supporting documents;
penalty.
Any person who willfully files with the department or office, or who willfully signs
for filing with the department or office, a materially false or materially misleading
financial statement or document in support of such statement required by
law or rule, with intent to deceive and with knowledge that the statement or document is
materially false or materially misleading, commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(a) Any person who makes a false entry of a material fact in any book, report, or
statement relating to a transaction of an insurer or entity organized pursuant to chapter
624 or chapter 641, intending to deceive any person about the financial condition or
solvency of the insurer or entity, commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
If the false entry of a material fact is made with the intent to deceive any person as to
the impairment of capital, as defined in s. 631.011(12), of the insurer or entity or is the
significant cause of the insurer or entity being placed in conservation, rehabilitation, or
liquidation by a court, the person commits a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(a) Any person who knowingly makes a material false statement or report to the
department or office or any agent of the department or office, or knowingly and
materially overvalues any property in any document or report prepared to be presented to
the department or office or any agent of the department or office, commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If the material false statement or report or the material overvaluation is made with the
intent to deceive any person as to the impairment of capital, as defined in s. 631.011(12),
of an
insurer or entity organized pursuant to chapter 624 or chapter 641, or is the significant
cause of the insurer or entity being placed in receivership by a court, the person commits
a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(4) As used in this section, the term:
“Department” means the Department of Financial Services.
“Office” means the Office of Insurance Regulation of the Financial Services
Commission.
817.235. Personal property; removing or altering
identification marks.
Except as otherwise provided by law, any person who, with intent to prevent
identification by the true owner, removes, erases, defaces, or otherwise alters any serial
number or other mark of identification placed on any item of personal property by the
manufacturer or owner thereof is guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083.
Any person who possesses any item of personal property with the knowledge that the
serial number or other mark of identification placed thereon by the manufacturer or
owner thereof has been removed, erased, defaced, or otherwise altered with intent to
prevent identification by the true owner is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
817.236. False and fraudulent motor vehicle insurance application.
Any person who, with intent to injure, defraud, or deceive any motor vehicle insurer,
including any statutorily created underwriting association or pool of motor vehicle
insurers, presents or causes to be presented any written application, or written statement
in support thereof, for motor vehicle insurance knowing that the application or statement
contains any false, incomplete, or misleading information concerning any fact or matter
material to the application commits a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
817.2361. False or fraudulent proof of motor vehicle insurance.
Any person who, with intent to deceive any other person, creates, markets, or
presents a false or fraudulent proof of motor vehicle insurance commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
817.28. Fraudulent obtaining of property by gaming.
Whoever, by the game of threecard monte, socalled, or any other game, device,
sleightofhand, pretensions to fortunetelling, or other means whatever by the use of cards
or other implement or implements, fraudulently obtains from another person property of
any description, shall be punished as if he or she had been convicted of larceny.
817.32. Fraudulent operation of coinoperated devices.
Any person who shall operate or cause to be operated, or who shall attempt to
operate, or attempt to cause to be operated, any
automatic vending machine, slot machine, coinbox telephone, or other receptacle
designed to receive lawful coin of the United States in connection with the sale, use or
enjoyment of property or service, by means of a slug or any false, counterfeited,
mutilated, sweated, or foreign coin, or by any means, method, trick, or device whatsoever
not lawfully authorized by the owner, lessee, or licensee of such machine, coinbox
telephone or receptacle, or who shall take, obtain or receive from or in connection with
any automatic vending machine, slot machine, coinbox telephone or other receptacle
designed to receive lawful coin of the United States in connection with the sale, use, or
enjoyment of property or service, any goods, wares, merchandise, gas, electric current,
article of value, or the use or enjoyment of any telephone or telegraph facilities or
service, or of any musical instrument, phonograph, or other property, without depositing
in and surrendering to such machine, coinbox telephone or receptacle lawful coin of the
United States to the amount required therefor by the owner, lessee, or licensee of such
machine, coinbox telephone or receptacle, shall be guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
817.33. Manufacture, etc., of slugs to be used in coin operated
devices prohibited.
Any person who, with intent to cheat or defraud the owner, lessee, licensee, or other
person entitled to the contents of any automatic vending machine, slot machine, coinbox
telephone or other receptacle, depository, or contrivance designed to receive lawful coin
of the United States in connection with the sale, use, or enjoyment of property or service,
or who, knowing that the same is intended for unlawful use, shall manufacture for sale, or
sell or give away any slug, device or substance whatsoever intended or calculated to be
placed or deposited in any such automatic vending machine, slot machine, coinbox
telephone or other such receptacle, depository or contrivance, shall be guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
817.355. Fraudulent creation or possession of admission ticket.
Except as provided in subsections (2) and (3), a person who counterfeits, forges,
alters, clones, or possesses a ticket, card, wristband, or other medium that accesses or is
associated with a ticket; or a ticket, token, or paper designed for admission to or the
rendering of services by a sports, amusement, concert, or other facility offering services
to the general public, with the intent to defraud such facility, commits a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
A person who commits a second or subsequent violation of subsection (1) commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who counterfeits, forges, alters, clones, or possesses 10 or more tickets,
cards, wristbands, or other media that access or are associated with a ticket, token, or
paper designed for admission to or the rendering of services by a sports, amusement,
concert, or other facility offering services to the general public with the intent to defraud
such facility, commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
817.361. Sale or transfer of multiuse tickets.
(1) As used in this section, the term:
“Issuer” means the person or entity that created a multiuse ticket and is obligated to
allow admission thereunder.
“Multiuse ticket” means a ticket, other medium, or right designed for admission to
more than one theme park complex, or to more than one amusement location or other
facility in a theme park complex, or for admission for more than 1 day or more than once
in the same day to one or more such locations or facilities in a theme park complex.
“Theme park complex” means an area comprised of at least 25 acres of land owned
by the same business entity and which contains rides or other recreational activities.
A person who offers for sale, sells, or transfers in connection with a commercial
transaction, with or without consideration, a nontransferable multiuse ticket or a card,
wristband, or other medium that accesses or is associated with any such nontransferable
multiuse ticket after the nontransferable multiuse ticket has been used at least once for
admission commits a violation of this subsection. For purposes of this subsection, a
multiuse ticket is nontransferable unless the phrase “may be used by more than one
person” is printed clearly on the multiuse ticket by the issuer or the issuer explicitly states
on its website that the multiuse ticket may be used by more than one person.
(a) Except as provided in paragraph (b), a person who violates subsection (2)
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
A person who commits a second or subsequent violation of subsection (2) commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
817.412. Sale of used goods as new; penalty.
It is unlawful for a seller in a transaction where the purchase price of goods exceeds
$100 to misrepresent orally, in writing, electronically, or by failure to speak that the
goods are new or original when they are used or repossessed or where they have been
used for sales demonstration.
A person who violates this section commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
817.413. Sale of used motor vehicle goods as new; penalty.
With respect to a transaction for which any charges will be paid from the proceeds of
a motor vehicle insurance policy, and in which the purchase price of motor vehicle goods
exceeds $100, it is unlawful for the seller to knowingly misrepresent orally, in writing, or
by failure to speak, that the goods are new or original when they are used or repossessed
or have been used for sales demonstration.
A person who violates the provisions of this section commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
817.414. Sale of counterfeit security signs and decals.
A person who willfully and knowingly sells or attempts to sell
a counterfeit sign or decal in this state with the name or logo of a security company
without the express written consent of the company commits:
For the first offense, a misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083.
For a second or subsequent offense, a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
817.481. Credit or purchases; obtaining illicitly.
It shall be unlawful for any person knowingly to obtain or attempt to obtain credit, or
to purchase or attempt to purchase any goods, property, or service, by the use of any
false, fictitious, counterfeit, or expired credit card, telephone number, credit number, or
other credit device, or by the use of any credit card, telephone number, credit number, or
other credit device of another person without the authority of the person to whom such
card, number, or device was issued, or by the use of any credit card, telephone number,
credit number, or other credit device in any case where such card, number, or device has
been revoked and notice of revocation has been given to the person to whom issued.
It shall be unlawful for any person to avoid or attempt to avoid or to cause another to
avoid payment of the lawful charges, in whole or in part, for any telephone or telegraph
service or for the transmission of a message, signal or other communication by telephone
or telegraph or over telephone or telegraph facilities by the use of any fraudulent scheme,
means or method, or any mechanical, electric, or electronic device.
(a) If the value of the property, goods, or services obtained or which are sought to be
obtained in violation of this section is $300 or more, the offender shall be guilty of grand
larceny.
If the value of the property, goods, or services obtained or which are sought to be
obtained in violation of this section is less than $300 the offender shall be guilty of petit
larceny.
817.482. Possessing or transferring device for theft of
telecommunications service; concealment of destination of
telecommunications service.
(1) It shall be unlawful for any person knowingly to:
Make or possess any instrument, apparatus, equipment or device designed or adapted
for use for the purpose of avoiding or attempting to avoid payment of
telecommunications service in violation of s. 817.481; or
Sell, give, transport, or otherwise transfer to another, or offer or advertise to sell,
give, or otherwise transfer, any instrument, apparatus, equipment, or device described in
paragraph (a), or plans or instructions for making or assembling the same; under
circumstances evincing an intent to use or employ such instrument, apparatus, equipment,
or device, or to allow the same to be used or employed, for a purpose described in
paragraph (a), or knowing or having reason to believe that the same is intended to be so
used, or that the aforesaid plans or instructions are intended to be used for making or
assembling such instrument, apparatus, equipment, or device.
Any person violating the provisions of paragraphs (a) and (b) is guilty of a
misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
Any person who shall make or possess, for purposes of avoiding or attempting to
avoid payment for longdistance telecommunication services, any electronic device
capable of duplicating tones or sounds utilized in longdistance telecommunications shall
be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
Any such instrument, apparatus, equipment, or device, or plans or instructions
therefor, referred to in subsections (1) and
(2), may be seized by court order or under a search warrant of a judge or incident to a
lawful arrest; and upon the conviction of any person for a violation of any provision of
this act, or s. 817.481, such instrument, apparatus, equipment, device, plans, or
instructions either shall be destroyed as contraband by the sheriff of the county in which
such person was convicted or turned over to the telephone company in whose territory
such instrument, apparatus, equipment, device, plans, or instructions were seized.
817.4821. Cellular telephone counterfeiting offenses.
(1) As used in this act, the term:
“Possess” means to have physical possession or otherwise to exercise dominion or
control over tangible property.
“Intercept” means to electronically capture, record, reveal, or otherwise access, the
signals emitted or received during the operation of a cellular telephone without the
consent of the sender or receiver thereof, by means of any instrument, device, or
equipment.
“Electronic serial number” means the unique numerical algorithm that is
programmed into the microchip of each cellular telephone by the manufacturer and is
vital to the successful operation and billing of the telephone.
“Mobile identification number” means the cellular telephone number assigned to the
cellular telephone by the cellular telephone carrier.
“Cellular telephone” means a communication device containing a unique electronic
serial number that is programmed into its computer chip by its manufacturer and whose
operation is dependent on the transmission of that electronic serial number along with a
mobile identification number, which is assigned by the cellular telephone carrier, in the
form of radio signals through cell sites and mobile switching stations.
“Cloned cellular telephone” or “counterfeit cellular telephone” means a cellular
telephone whose electronic serial number has been altered from the electronic serial
number that was programmed in the phone by the manufacturer.
“Cloning paraphernalia” means materials that, when possessed in combination, are
necessary and capable of the creation of a cloned cellular telephone. These materials
include scanners to intercept the electronic serial number and mobile identification
number, cellular telephones, cables, EPROM chips, EPROM burners, software for
programming the microchip of the cloned cellular telephone with a false electronic serial
number and mobile identification number combination, a computer containing such
software, and lists of electronic serial number and mobile identification number
combinations.
A person who knowingly possesses a cloned cellular telephone commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who knowingly possesses an instrument capable of intercepting electronic
serial number and mobile identification number combinations under circumstances
evidencing an intent to clone a cellular telephone commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who knowingly sells a cloned cellular telephone commits a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who knowingly possesses cloning paraphernalia with intent to use it to
create cloned cellular telephones commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(a) Nothing herein shall make unlawful the possession or use of cloning
paraphernalia, a cloned cellular telephone, or any intercept by a law enforcement officer
or persons acting under the direction of a law enforcement officer in the course of a
criminal investigation.
Nothing in this section shall make unlawful the possession or use of cloning
paraphernalia or a cloned cellular telephone by a cellular telephone carrier.
817.483. Transmission or publication of information regarding schemes,
devices, means, or methods for theft of communication services.
Any person who transmits or publishes the number or code of an existing, canceled,
revoked, or nonexistent telephone number or credit number or other credit device, or
method of numbering or coding which is employed in the issuance of telephone numbers
or credit numbers or other credit devices, with the intent to avoid or to cause another to
avoid lawful charges is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
817.487. Telephone caller identification systems.
(1) As used in this section:
“Call” means any type of telephone call made using a public switched telephone
network, wireless cellular telephone service, or voiceoverInternet protocol (VoIP)
service that has the capability of accessing users on the public switched telephone
network or a successor network.
“Caller” means a person who places a call, whether by telephone, over a telephone
line, or on a computer.
“Enter” means to input data by whatever means into a computer or telephone system.
“False information” means data that misrepresents the identity of the caller to the
recipient of a call or to the network itself; however, when a person making an authorized
call on behalf of another person inserts the name, telephone number, or name and
telephone number of the person on whose behalf the call is being made, such information
shall not be deemed false information.
“Telephone caller identification system” means a listing of a caller’s name, telephone
number, or name and telephone number that is shown to a recipient of a call when it is
received.
A person may not enter or cause to be entered false information into a telephone
caller identification system with the intent to deceive, defraud, or mislead the recipient of
a call.
A person may not place a call knowing that false information was entered into the
telephone caller identification system with the intent to deceive, defraud, or mislead the
recipient of the call.
This section shall not apply to:
The blocking of caller identification information.
Any law enforcement agency of the federal, state, county, or municipal government.
Any intelligence or security agency of the Federal Government.
A telecommunications, broadband, or voiceoverInternet service provider that is
acting solely as an intermediary for the transmission of telephone service between the
caller and the recipient.
(a) Any person who violates subsection (2) or subsection (3) commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Any violation of subsection (2) or subsection (3) constitutes an unlawful trade
practice under part II of chapter 501 and, in addition to any remedies or penalties set forth
in this section, is
subject to any remedies or penalties available for a violation of that part.
(a) The felony or misdemeanor degree of any criminal offense shall be reclassified by
the court to the next higher degree as provided in this subsection if the offender violated
subsection
or subsection (3) during the commission of the criminal offense or if a violation by the
offender of subsection (2) or subsection (3) facilitated or furthered the criminal offense.
The reclassification shall be as follows:
In the case of a misdemeanor of the second degree, the offense is reclassified as a
misdemeanor of the first degree.
In the case of a misdemeanor of the first degree, the offense is reclassified as a felony
of the third degree.
In the case of a felony of the third degree, the offense is reclassified as a felony of the
second degree.
In the case of a felony of the second degree, the offense is reclassified as a felony of
the first degree.
In the case of a felony of the first degree or a felony of the first degree punishable by
a term of imprisonment not exceeding life, the offense is reclassified as a life felony.
For purposes of sentencing under chapter 921, the following offense severity ranking
levels apply:
An offense that is a misdemeanor of the first degree and that is reclassified under this
subsection as a felony of the third degree is ranked in level 2 of the offense severity
ranking chart.
A felony offense that is reclassified under this subsection is
ranked one level above the ranking specified in s. 921.0022 or s.
921.0023 for the offense committed.
817.49. False reports of commission of crimes; penalty.
Whoever willfully imparts, conveys or causes to be imparted or conveyed to any law
enforcement officer false information or reports concerning the alleged commission of
any crime under the laws of this state, knowing such information or report to be false, in
that no such crime had actually been committed, shall upon conviction thereof be guilty
of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
817.50. Fraudulently obtaining goods or services from a health care provider;
false reports of a communicable disease.
Whoever shall, willfully and with intent to defraud, obtain or attempt to obtain goods,
products, merchandise, or services from any health care provider in this state, as defined
in s. 641.19(14), including a person who, during a declared public health emergency as
defined in s. 381.00315, willfully and with intent to defraud, claims that he or she has
contracted a communicable disease, to obtain or attempt to obtain such goods, products,
merchandise, or services or falsely reports that he or she has contracted a communicable
disease to a law enforcement officer as defined in s. 943.10, commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If any person gives to any health care provider in this state a false or fictitious name
or a false or fictitious address or assigns to any health care provider the proceeds of any
health maintenance
contract or insurance contract, then knowing that such contract is no longer in force, is
invalid, or is void for any reason, such action shall be prima facie evidence of the intent
of such person to defraud the health care provider. However, this subsection does not
apply to investigative actions taken by law enforcement officers for law enforcement
purposes in the course of their official duties.
817.52. Obtaining vehicles with intent to defraud, failing to return hired
vehicle, or tampering with mileage device of hired vehicle.
OBTAINING BY TRICK, FALSE REPRESENTATION, ETC.—Whoever, with
intent to defraud the owner or any person lawfully possessing any motor vehicle, obtains
the custody of such motor vehicle by trick, deceit, or fraudulent or willful false
representation shall be guilty of a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
HIRING WITH INTENT TO DEFRAUD.—Whoever, with intent to defraud the
owner or any person lawfully possessing any motor vehicle of the rental thereof, hires a
vehicle from such owner or such owner’s agents or any person in lawful possession
thereof shall, upon conviction, be deemed guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The absconding without
paying or offering to pay such hire shall be prima facie evidence of such fraudulent
intent.
FAILURE TO REDELIVER HIRED VEHICLE.— Whoever, after hiring a motor
vehicle under an agreement to redeliver the same to the person letting such motor vehicle
or his or her agent, at the termination of the period for which it was let,
shall, without the consent of such person or persons and with intent to defraud, abandon
or willfully refuse to redeliver such vehicle as agreed shall, upon conviction, be guilty of
a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
TAMPERING WITH MILEAGE DEVICE.—Whoever, after hiring a motor vehicle
from any person or persons under an agreement to pay for the use of such motor vehicle a
sum of money determinable either in whole or in part upon the distance such motor
vehicle travels during the period for which hired, removes, attempts to remove, tampers
with, or attempts to tamper with or otherwise interfere with any odometer or other
mechanical device attached to said hired motor vehicle for the purpose of registering the
distance such vehicle travels, with the intent to deceive the person or persons letting such
vehicle or their lawful agent as to the actual distance traveled thereby, shall upon
conviction be deemed guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083. Any person who shall knowingly aid, abet or assist
another in violating the provisions of this subsection shall, as a principal in the first
degree, be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083. Any person violating this section may be informed against or
indicted in the county where such odometer or such other mechanical device is removed,
or attempted to be removed, or tampered with, or attempted to be tampered with, or
otherwise interfered with, or in the county where such persons knowingly aid, abet, or
assist another in violating the provisions of this section, or in the county where any part
of such motor vehicle upon which is attached such
odometer, or such other mechanical device, is removed or attempted to be removed.
817.53. False charges for radio and television repairs and parts; penalty.
It is unlawful for a person to knowingly charge for any services which are not
actually performed in repairing a radio or television set, or to knowingly charge for any
parts which are not actually furnished, or to knowingly misinform a customer concerning
what is wrong with his or her radio or television set, or to knowingly and fraudulently
substitute parts when such substitution has no relation to the repairing or servicing of the
radio or television set.
Any person violating the provisions of this section shall be deemed guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
817.535. Unlawful filing of false documents or records against real or
personal property.
(1) As used in this section, the term:
“File” means to present an instrument for recording in an official record or to cause
an instrument to be presented for recording in an official record.
“Filer” means the person who presents an instrument for recording in an official
record or causes an instrument to be presented for recording in an official record.
“Instrument” means any judgment, mortgage, assignment,
pledge, lien, financing statement, encumbrance, deed, lease, bill of sale, agreement,
mortgage, notice of claim of lien, notice of levy, promissory note, mortgage note, release,
partial release or satisfaction of any of the foregoing, or any other document that relates
to or attempts to restrict the ownership, transfer, or encumbrance of or claim against real
or personal property, or any interest in real or personal property.
“Official record” means the series of instruments, regardless of how they are
maintained, which a clerk of the circuit court, or any person or entity designated by
general law, special law, or county charter, is required or authorized by law to record.
The term also includes a series of instruments pertaining to the Uniform Commercial
Code filed with the Secretary of State or with any entity under contract with the Secretary
of State to maintain Uniform Commercial Code records and a database of judgment liens
maintained by the Secretary of State.
“Public officer or employee” means, but is not limited to:
A person elected or appointed to a local, state, or federal office, including any person
serving on an advisory body, board, commission, committee, council, or authority.
An employee of a state, county, municipal, political subdivision, school district,
educational institution, or special district agency or entity, including judges, attorneys,
law enforcement officers, deputy clerks of court, and marshals.
A state or federal executive, legislative, or judicial officer, employee, or volunteer
authorized to perform actions or services for any state or federal executive, legislative, or
judicial office, or agency.
A person who acts as a general or special magistrate, auditor, arbitrator, umpire,
referee, hearing officer, or consultant to any state or local governmental entity.
A person who is a candidate for public office or judicial position.
(a) A person who files or directs a filer to file, with the intent to defraud or harass
another, any instrument containing a materially false, fictitious, or fraudulent statement or
representation that purports to affect an owner’s interest in the property described in the
instrument commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
A person who violates paragraph (a) a second or subsequent time commits a felony
of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If a person is convicted of violating subsection (2) and the owner of the property
subject to the false instrument is a public officer or employee, the offense shall be
reclassified as follows:
In the case of a felony of the third degree, to a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
In the case of a felony of the second degree, to a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(a) If a person is convicted of violating subsection (2) and the person committed the
offense while incarcerated in a jail or correctional institution or while participating in a
pretrial
diversion program under any form of pretrial release or bond, on probation or parole, or
under any postrelease supervision, the offense shall be reclassified as follows:
In the case of a felony of the third degree, to a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
In the case of a felony of the second degree, to a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If a person’s offense has been reclassified pursuant to this subsection, the sentencing
court shall issue a written finding that the offense occurred while incarcerated in a jail or
correctional institution and direct that a copy of the written finding and judgment of
conviction be forwarded to the appropriate state institution or county facility for
consideration of disciplinary action and forfeiture of all gaintime or any early release
credits accumulated up to the date of the violation.
If the person is convicted of violating subsection (2) and the owner of the property
covered by the false instrument incurs financial loss as a result of the instrument being
recorded in the official record, including costs and attorney fees incurred in correcting,
sealing, or removing the false instrument from the official record as described herein, the
offense shall be reclassified as follows:
In the case of a felony of the third degree, to a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
In the case of a felony of the second degree, to a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
A person who fraudulently records a claim of lien in the official records pursuant to part I
of chapter 713 is subject to the fraud provisions of s. 713.31 and not this section.
If a person is convicted of violating this section, the sentencing court shall issue an order
declaring the instrument forming the basis of the conviction null and void and may enjoin the
person from filing any instrument in an official record absent prior review and approval for
filing by a circuit or county court judge. The sentencing court may also order the instrument
forming the basis of the conviction sealed from the official record and removed from any
applicable electronic database used for recording instruments in the official record.
(a) Any person adversely affected by an instrument filed in the official record which
contains a materially false, fictitious, or fraudulent statement or representation has a civil
cause of action under this section without regard to whether criminal charges are pursued
under subsection (2). A notice of lis pendens in accord with s. 48.23 shall be filed which
specifically describes the instrument under challenge and the real or personal property
affected by the instrument.
Upon a finding that the instrument contains a materially false, fictitious, or fraudulent
statement or representation such that the instrument does not establish a legitimate property
or lien interest in favor of another person:
The court shall determine whether the entire instrument or
certain parts thereof are null and void ab initio. If the court finds the instrument void in its
entirety, it may order the instrument sealed from the official record and removed from
any electronic database used for indexing or locating instruments in the official record.
The court may also, permanently or for a period of time, enjoin the defendant who filed
the instrument or who directed the filer to file the instrument from filing or directing a
person to file an instrument in the official records without prior review and approval for
filing by a circuit or county court judge, provided that as to third parties who may have
given value for an interest described or granted by any instrument filed in violation of the
injunction, the instrument shall be deemed validly filed and provides constructive notice,
notwithstanding any failure to comply with the terms of the injunction.
Upon a finding of intent to defraud or harass, the court or jury shall award actual
damages and punitive damages, subject to the criteria in s. 768.72, to the person
adversely affected by the instrument. The court may also levy a civil penalty of $2,500
for each instrument determined to be in violation of subsection (2).
The court may grant such other relief or remedy that the court determines is just and
proper within its sound judicial discretion.
The prevailing party in such a suit is entitled to recover costs and reasonable attorney
fees.
The custodian of any official record shall, upon payment of appropriate fees, provide
a certified copy of the sealed instrument to the party seeking relief under this section for
use in subsequent court proceedings; in addressing or correcting adverse effects
upon the person’s credit or property rights, or reporting the matter for investigation and
prosecution; or in response to a subpoena seeking the instrument for criminal
investigative or prosecution purposes.
Upon request, the custodian of any official record shall, upon payment of appropriate
fees, provide a certified copy of the sealed instrument to any federal, state, or local law
enforcement agency.
If feasible, the custodian of the official record where the instrument is recorded shall
record any court order finding that the instrument is null and void in its entirety or in
certain parts thereof.
An instrument removed from an electronic database used for recording instruments in
the public record pursuant to this section shall be maintained in a manner in which the
instrument can be reduced to paper form.
A government agency may provide legal representation to a public officer or
employee if the instrument at issue appears to have been filed to defraud or harass the
public officer or employee in his or her official capacity. If the public officer or employee
is the prevailing party, the award of reasonable attorney fees shall be paid to the
government agency that provided the legal representation.
This section does not apply to the procedures for sealing or expunging criminal
history records as provided in chapter 943.
817.545. Mortgage fraud.
For the purposes of the section, the term “mortgage lending process” means the process
through which a person seeks or obtains a residential mortgage loan, including, but not
limited to, the solicitation, application or origination, negotiation of terms, thirdparty
provider services, underwriting, signing and closing, and funding of the loan. Documents
involved in the mortgage lending process include, but are not limited to, mortgages, deeds,
surveys, inspection reports, uniform residential loan applications, or other loan applications;
appraisal reports; HUD1 settlement statements; supporting personal documentation for loan
applications such as W2 forms, verifications of income and employment, credit reports, bank
statements, tax returns, and payroll stubs; and any required disclosures.
A person commits the offense of mortgage fraud if, with the intent to defraud, the person
knowingly:
Makes any material misstatement, misrepresentation, or omission during the mortgage
lending process with the intention that the misstatement, misrepresentation, or omission will
be relied on by a mortgage lender, borrower, or any other person or entity involved in the
mortgage lending process; however, omissions on a loan application regarding employment,
income, or assets for a loan which does not require this information are not considered a
material omission for purposes of this subsection.
Uses or facilitates the use of any material misstatement, misrepresentation, or omission
during the mortgage lending process with the intention that the material misstatement,
misrepresentation, or omission will be relied on by a mortgage lender, borrower, or any other
person or entity involved in the mortgage lending process; however, omissions on a loan
application regarding employment, income, or assets for a loan which does not require
this information are not considered a material omission for purposes of this subsection.
Receives any proceeds or any other funds in connection with the mortgage lending
process that the person knew resulted from a violation of paragraph (a) or paragraph (b).
Files or causes to be filed with the clerk of the circuit court for any county of this
state a document involved in the mortgage lending process which contains a material
misstatement, misrepresentation, or omission.
An offense of mortgage fraud may not be predicated solely upon information
lawfully disclosed under federal disclosure laws, regulations, or interpretations related to
the mortgage lending process.
For the purpose of venue under this section, any violation of this section is
considered to have been committed:
In the county in which the real property is located; or
In any county in which a material act was performed in furtherance of the violation.
(a) Any person who violates subsection (2) commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who violates subsection (2), and the loan value stated on documents used
in the mortgage lending process exceeds $100,000, commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
817.562. Fraud involving a security interest.
As used in this section, the terms “proceeds,” “security agreement,” “security interest,”
and “secured party” shall be given the meanings prescribed for them in chapter 679.
A person is guilty of fraud involving a security interest when, having executed a security
agreement creating a security interest in personal property, including accounts receivable,
which security interest secures a monetary obligation owed to a secured party, and:
Having under the security agreement both the right of sale or other disposition of the
property and the duty to account to the secured party for the proceeds of disposition, he or she
sells or otherwise disposes of the property and wrongfully and willfully fails to account to the
secured party for the proceeds of disposition; or
Having under the security agreement no right of sale or other disposition of the property,
he or she knowingly secretes, withholds, or disposes of such property in violation of the
security agreement.
Any person who knowingly violates this section shall be punished as follows:
If the value of the property sold, secreted, withheld, or disposed of or the proceeds from
the sale or disposition of the property is $300 or more, such person is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If the value of the property sold, secreted, withheld, or
disposed of or the proceeds obtained from the sale or disposition of the property is less
than $300, such person is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
817.5621. Unlawful subleasing of a motor vehicle.
It is unlawful for any person who is not a party to a lease contract, conditional sale
contract, or security agreement which transfers any right or interest in a motor vehicle to:
Obtain or exercise control over the motor vehicle and then sell, transfer, assign, or
lease the motor vehicle to another person without first obtaining written authorization
from the secured creditor, lessor, or lienholder for the sale, transfer, assignment, or lease
if he or she receives compensation or other consideration for the sale, transfer,
assignment, or lease of the motor vehicle; or
Assist, cause, or arrange the actual or purported sale, transfer, assignment, or lease of
the motor vehicle to another person without first obtaining written authorization from the
secured creditor, lessor, or lienholder for the sale, transfer, assignment, or lease if he or
she receives compensation or other consideration for assisting, causing, or arranging the
sale, transfer, assignment, or lease of the motor vehicle.
Any person who violates the provisions of this section is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Notwithstanding any other remedy or relief to which a person is entitled, anyone
suffering damage as a result of a violation of this section may bring an action to recover
or obtain
actual damages, equitable relief, including, but not limited to, an injunction or restitution
of money and property, punitive damages, reasonable attorney’s fees and costs, and any
other relief the court deems proper.
817.563. Controlled substance named or described in s.
893.03; sale of substance in lieu thereof.
It is unlawful for any person to agree, consent, or in any manner offer to unlawfully
sell to any person a controlled substance named or described in s. 893.03 and then sell to
such person any other substance in lieu of such controlled substance. Any person who
violates this section with respect to:
A controlled substance named or described in s. 893.03(1),
(2), (3), or (4) is guilty of a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A controlled substance named or described in s. 893.03(5) is guilty of a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s. 775.083.
817.564. Imitation controlled substances defined; possession and distribution
prohibited.
For the purposes of this section, the term “imitation controlled substance” means a
pill, capsule, tablet, or substance in any form whatsoever which is not a controlled
substance enumerated in chapter 893, which is subject to abuse, and which:
By overall dosage unit appearance, including color, shape, size, markings, and
packaging, or by representations made, would cause the likelihood that such a pill,
capsule, tablet, or substance
will be mistaken for a controlled substance unless such substance was introduced into
commerce prior to the initial introduction into commerce of the controlled substance
which it is alleged to imitate; or
By express or implied representations, purports to act like a controlled substance as a
stimulant or depressant of the central nervous system and which is not commonly used or
recognized for use in that particular formulation for any purpose other than for such
stimulant or depressant effect, unless marketed, promoted, or sold as permitted by the
United States Food and Drug Administration.
In those instances where the appearance of the dosage unit is not reasonably
sufficient to establish that the substance is an imitation controlled substance, the court or
authority concerned may consider, in addition to all other logically relevant factors, the
following factors as related to “representations made” in determining whether the
substance is an imitation controlled substance:
Statements made by an owner or by anyone else in control of the substance
concerning the nature of the substance or its use or effect.
Statements made to the recipient that the substance may be resold for inordinate
profit.
Whether the substance is packaged in a manner normally used for illicit controlled
substances.
Evasive tactics or actions utilized by the owner or person in control of the substance
to avoid detection by law enforcement
authorities.
Prior convictions, if any, of an owner, or anyone in control of the object, under state
or federal law related to controlled substances or fraud.
The proximity of the substances to controlled substances.
It is unlawful for any person to manufacture, distribute, sell, give, or possess with the
intent to manufacture, distribute, sell, or give an imitation controlled substance. Any
person who violates this subsection is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
It is unlawful for any person 18 years of age or over to knowingly sell or distribute an
imitation controlled substance to a person under the age of 18 years. Any person who
violates this subsection is guilty of a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
It is unlawful for any person to place in any newspaper, magazine, handbill, or other
publication or to post or distribute in any public place any advertisement or solicitation
with reasonable knowledge that the purpose of the advertisement or solicitation is to
promote the distribution of imitation controlled substances. Any person who violates this
subsection is guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
Civil or criminal liability may not be imposed by virtue of this section against:
Any person operating in accordance with the Florida Comprehensive Drug Abuse
Prevention and Control Act who
manufactures, dispenses, sells, gives, or distributes an imitation controlled substance for
use as a placebo by a licensed practitioner in the course of professional practice or
research; or
A law enforcement officer acting in the officer’s official capacity during the course
of an active criminal investigation relating to controlled substances which is approved or
authorized by the officer’s agency or to an informer or third party acting under the
direction or control of such an officer as part of an authorized, active criminal
investigation relating to controlled substances.
817.565. Urine testing, fraudulent practices; penalties.
(1) It is unlawful for any person:
817.568. Criminal use of personal identification
information.
(1) As used in this section, the term:
“Access device” means any card, plate, code, account number, electronic serial
number, mobile identification number, personal identification number, or other
telecommunications service, equipment, or instrument identifier, or other means of
account access that can be used, alone or in conjunction with another access device, to
obtain money, goods, services, or any other thing of value, or that can be used to initiate a
transfer of funds, other than a transfer originated solely by paper instrument.
“Authorization” means empowerment, permission, or competence to act.
“Harass” means to engage in conduct directed at a specific person that is intended to
cause substantial emotional distress to such person and serves no legitimate purpose.
“Harass” does not mean to use personal identification information for accepted
commercial purposes. The term does not include constitutionally protected conduct such
as organized protests or the use of personal identification information for accepted
commercial purposes.
“Individual” means a single human being and does not mean a firm, association of
individuals, corporation, partnership, joint venture, sole proprietorship, or any other
entity.
“Person” means a “person” as defined in s. 1.01(3).
“Personal identification information” means any name or number that may be used,
alone or in conjunction with any other information, to identify a specific person,
including any:
Name, postal or electronic mail address, telephone number, social security number,
date of birth, mother’s maiden name,
official stateissued or United Statesissued driver license or identification number, alien
registration number, government passport number, employer or taxpayer identification
number, Medicaid or food assistance account number, bank account number, credit or
debit card number, or personal identification number or code assigned to the holder of a
debit card by the issuer to permit authorized electronic use of such card;
Unique biometric data, such as fingerprint, voice print, retina or iris image, or other
unique physical representation;
Unique electronic identification number, address, or routing code;
Medical records;
Telecommunication identifying information or access device; or
Other number or information that can be used to access a person’s financial
resources.
(g) “Counterfeit or fictitious personal identification information” means any
counterfeit, fictitious, or fabricated information in the similitude of the data outlined in
paragraph (f) that, although not truthful or accurate, would in context lead a reasonably
prudent person to credit its truthfulness and accuracy.
(a) Any person who willfully and without authorization fraudulently uses, or
possesses with intent to fraudulently use, personal identification information concerning
another person without first obtaining that person’s consent, commits the offense of
fraudulent use of personal identification information, which is a felony of the third
degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Any person who willfully and without authorization fraudulently uses personal
identification information concerning a person without first obtaining that person’s
consent commits a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084, if the pecuniary benefit, the value of the services received, the
payment sought to be avoided, or the amount of the injury or fraud perpetrated is $5,000
or more or if the person fraudulently uses the personal identification information of 10 or
more persons, but fewer than 20 persons, without their consent. Notwithstanding any
other provision of law, the court shall sentence any person convicted of committing the
offense described in this paragraph to a mandatory minimum sentence of 3 years’
imprisonment.
Any person who willfully and without authorization fraudulently uses personal
identification information concerning a person without first obtaining that person’s
consent commits a felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084, if the pecuniary benefit, the value of the services received, the
payment sought to be avoided, or the amount of the injury or fraud perpetrated is $50,000
or more or if the person fraudulently uses the personal identification information of 20 or
more persons, but fewer than 30 persons, without their consent. Notwithstanding any
other provision of law, the court shall sentence any person convicted of committing the
offense described in this paragraph to a mandatory minimum sentence of 5 years’
imprisonment. If the pecuniary benefit, the value of the services received, the payment
sought to be avoided, or the amount of the injury or fraud perpetrated is $100,000 or
more, or if the person fraudulently uses the personal identification information of 30 or
more persons without their consent, notwithstanding any other provision of law, the court
shall sentence any person convicted of committing the offense described in this paragraph
to a mandatory minimum sentence of 10 years’ imprisonment.
Neither paragraph (2)(b) nor paragraph (2)(c) prevents a court from imposing a
greater sentence of incarceration as authorized by law. If the minimum mandatory terms
of imprisonment imposed under paragraph (2)(b) or paragraph (2)(c) exceed the
maximum sentences authorized under s. 775.082, s. 775.084, or the Criminal Punishment
Code under chapter 921, the mandatory minimum sentence must be imposed. If the
mandatory minimum terms of imprisonment under paragraph (2)(b) or paragraph (2)(c)
are less than the sentence that could be imposed under s. 775.082, s. 775.084, or the
Criminal Punishment Code under chapter 921, the sentence imposed by the court must
include the mandatory minimum term of imprisonment as required by paragraph (2)(b) or
paragraph (2)(c).
Any person who willfully and without authorization possesses, uses, or attempts to
use personal identification information concerning a person without first obtaining that
person’s consent, and who does so for the purpose of harassing that person, commits the
offense of harassment by use of personal identification information, which is a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
If an offense prohibited under this section was facilitated or furthered by the use of a
public record, as defined in s. 119.011, the offense is reclassified to the next higher
degree as follows:
A misdemeanor of the first degree is reclassified as a felony of the third degree.
A felony of the third degree is reclassified as a felony of the second degree.
A felony of the second degree is reclassified as a felony of the first degree.
For purposes of sentencing under chapter 921 and incentive gaintime eligibility
under chapter 944, a felony offense that is reclassified under this subsection is ranked one
level above the ranking under s. 921.0022 of the felony offense committed, and a
misdemeanor offense that is reclassified under this subsection is ranked in level 2 of the
offense severity ranking chart in s. 921.0022.
Any person who willfully and without authorization fraudulently uses personal
identification information concerning an individual who is younger than 18 years of age
or 60 years of age or older without first obtaining the consent of that individual or of his
or her legal guardian commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Any person who is in the relationship of parent or legal guardian, or who otherwise
exercises custodial authority over an individual who is younger than 18 years of age or 60
years of age or older, who willfully and fraudulently uses personal identification
information of that individual commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
(a) Any person who willfully and fraudulently uses, or possesses with intent to
fraudulently use, personal identification information concerning a deceased individual or
dissolved business entity commits the offense of fraudulent use or possession with intent
to use personal identification information of a deceased individual or dissolved business
entity, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
Any person who willfully and fraudulently uses personal identification information
concerning a deceased individual or dissolved business entity commits a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the
pecuniary benefit, the value of the services received, the payment sought to be avoided,
or the amount of injury or fraud perpetrated is $5,000 or more, or if the person
fraudulently uses the personal identification information of 10 or more but fewer than 20
deceased individuals or dissolved business entities. Notwithstanding any other provision
of law, the court shall sentence any person convicted of committing the offense described
in this paragraph to a mandatory minimum sentence of 3 years’ imprisonment.
Any person who willfully and fraudulently uses personal identification information
concerning a deceased individual or dissolved business entity commits the offense of
aggravated fraudulent use of the personal identification information of multiple deceased
individuals or dissolved business entities, a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084, if the pecuniary benefit, the value of the
services received, the payment sought to be avoided, or the
amount of injury or fraud perpetrated is $50,000 or more, or if the person fraudulently
uses the personal identification information of 20 or more but fewer than 30 deceased
individuals or dissolved business entities. Notwithstanding any other provision of law,
the court shall sentence any person convicted of the offense described in this paragraph to
a minimum mandatory sentence of 5 years’ imprisonment. If the pecuniary benefit, the
value of the services received, the payment sought to be avoided, or the amount of the
injury or fraud perpetrated is $100,000 or more, or if the person fraudulently uses the
personal identification information of 30 or more deceased individuals or dissolved
business entities, notwithstanding any other provision of law, the court shall sentence any
person convicted of an offense described in this paragraph to a mandatory minimum
sentence of 10 years’ imprisonment.
Any person who willfully and fraudulently creates or uses, or possesses with intent to
fraudulently use, counterfeit or fictitious personal identification information concerning a
fictitious person, or concerning a real person without first obtaining that real person’s
consent, with intent to use such counterfeit or fictitious personal identification
information for the purpose of committing or facilitating the commission of a fraud on
another person, commits the offense of fraudulent creation or use, or possession with
intent to fraudulently use, counterfeit or fictitious personal identification information, a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who commits an offense described in this section and for the purpose of
obtaining or using personal
identification information misrepresents himself or herself to be a law enforcement
officer; an employee or representative of a bank, credit card company, credit counseling
company, or credit reporting agency; or any person who wrongfully represents that he or
she is seeking to assist the victim with a problem with the victim’s credit history shall
have the offense reclassified as follows:
In the case of a misdemeanor, the offense is reclassified as a felony of the third
degree.
In the case of a felony of the third degree, the offense is reclassified as a felony of the
second degree.
In the case of a felony of the second degree, the offense is reclassified as a felony of
the first degree.
In the case of a felony of the first degree or a felony of the first degree punishable by
a term of imprisonment not exceeding life, the offense is reclassified as a life felony.
For purposes of sentencing under chapter 921, a felony offense that is reclassified
under this subsection is ranked one level above the ranking under s. 921.0022 or s.
921.0023 of the felony offense committed, and a misdemeanor offense that is reclassified
under this subsection is ranked in level 2 of the offense severity ranking chart.
A person who willfully and without authorization fraudulently uses personal
identification information concerning an individual who is 60 years of age or older; a
disabled adult as defined in s. 825.101; a public servant as defined in s. 838.014; a
veteran as defined in s. 1.01; a first responder as defined in s.
125.01045; an individual who is employed by the State of Florida; or an individual who
is employed by the Federal Government without first obtaining the consent of that
individual commits a felony of the second degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
In addition to any sanction imposed when a person pleads guilty or nolo contendere
to, or is found guilty of, regardless of adjudication, a violation of this section, the court
shall impose a surcharge of $1,001.
The sum of $500 of the surcharge shall be deposited into the Department of Law
Enforcement Operating Trust Fund for the department to provide grants to local law
enforcement agencies to investigate offenses related to the criminal use of personal
identification information as provided in s. 943.0412.
The sum of $250 of the surcharge shall be deposited into the State Attorneys
Revenue Trust Fund for the purpose of funding prosecutions of offenses relating to the
criminal use of personal identification information. The sum of $250 of the surcharge
shall be deposited into the Public Defenders Revenue Trust Fund for the purposes of
indigent criminal defense related to the criminal use of personal identification
information.
The clerk of the court shall retain $1 of each $1,001 surcharge that he or she collects
as a service charge of the clerk’s office.
The surcharge may not be waived by the court. In the event that the person has been
ordered to pay restitution in accordance with s. 775.089, the surcharge shall be included
in a judgment.
The prosecutor may move the sentencing court to reduce or suspend the sentence of
any person who is convicted of a violation of this section and who provides substantial
assistance in the identification, arrest, or conviction of any of that person’s accomplices,
accessories, coconspirators, or principals or of any other person engaged in fraudulent
possession or use of personal identification information. The arresting agency shall be
given an opportunity to be heard in aggravation or mitigation in reference to any such
motion. Upon good cause shown, the motion may be filed and heard in camera. The
judge hearing the motion may reduce or suspend the sentence if the judge finds that the
defendant rendered such substantial assistance.
This section does not prohibit any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of this state or any of its political
subdivisions, of any other state or its political subdivisions, or of the Federal Government
or its political subdivisions.
(15)(19) [Intentionally omitted.]
817.5685. Unlawful possession of the personal identification information of
another person.
As used in this section, the term “personal identification information” means a
person’s social security number, official stateissued or United Statesissued driver
license or identification number, alien registration number, government passport number,
employer or taxpayer identification number, Medicaid or food assistance account
number, bank account number, credit or debit card number, and medical records.
It is unlawful for a person to intentionally or knowingly possess, without
authorization, the personal identification information of another person in any form,
including, but not limited to, mail, physical documents, identification cards, or
information stored in digital form.
(a) A person who violates subsection (2) and in doing so possesses the personal
identification information of four or fewer persons commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
1. Proof that a person used or was in possession of the personal identification
information of five or more individuals, unless satisfactorily explained, gives rise to an
inference that the person who used or was in possession of the personal identification
information did so knowingly and intentionally without authorization.
A person who violates subsection (2) and in doing so possesses the personal
identification information of five or more persons commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) Subsection (2) does not apply to:
A person who is the parent or legal guardian of a child and who possesses the
personal identification information of that child.
A person who is the guardian of another person under chapter 744 and who is
authorized to possess the personal identification information of that other person and
make decisions regarding access to that personal identification information.
An employee of a governmental agency who possesses the personal identification
information of another person in the ordinary course of business.
A person who is engaged in a lawful business and possesses the personal
identification information of another person in the ordinary course of business.
A person who finds a card or document issued by a governmental agency that
contains the personal identification information of another person and who takes
reasonably prompt action to return that card or document to its owner, to the
governmental agency that issued the card or document, or to a law enforcement agency.
It is an affirmative defense to an alleged violation of subsection (2) if the person who
possesses the personal identification information of another person:
Did so under the reasonable belief that such possession was authorized by law or by
the consent of the other person; or
Obtained that personal identification information from a forum or resource that is
open or available to the general public or from a public record.
This section does not preclude prosecution for the unlawful possession of personal
identification information pursuant to s. 817.568 or any other law.
817.569. Criminal use of a public record or public records information;
providing false information; penalties.
A person who knowingly uses any public record, as defined in
s. 119.011, who knowingly uses information obtainable only through such public record,
or who knowingly provides false information that becomes part of a public record to
facilitate or further the commission of:
A misdemeanor of the first degree, commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
A felony, commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
817.58. Definitions.
As used in ss. 817.57817.685:
“Acquirer” means a business organization, governmental entity, financial institution,
or an agent of a business organization, governmental entity, or financial institution that
authorizes a merchant to accept payment by credit card for money, goods, services, or
anything else of value.
“Cardholder” means the person or organization named on the face of a credit card to
whom or for whose benefit the credit card is issued by an issuer.
“Counterfeit credit card” means any credit card which is fictitious, altered, or forged;
any facsimile or false representation, depiction, or component of a credit card; or any
credit card which is stolen, obtained as part of a scheme to defraud, or otherwise
unlawfully obtained, and which may or may not be embossed with account information
or a company logo.
“Credit card” means any instrument or device, whether
known as a credit card, credit plate, bank service card, banking card, check guarantee
card, electronic benefits transfer (EBT) card, or debit card or by any other name, issued
with or without fee by an issuer for the use of the cardholder in obtaining money, goods,
services, or anything else of value on credit or for use in an automated banking device to
obtain any of the services offered through the device.
“Expired credit card” means a credit card which is no longer valid because the term
shown on it has elapsed.
“Issuer” means the business organization, state or federal government, or financial
institution, or its duly authorized agent, which issues a credit card.
“Receives” or “receiving” means acquiring possession or control or accepting as
security for a loan a credit card.
“Revoked credit card” means a credit card which is no longer valid because
permission to use it has been suspended or terminated by the issuer.
“Creditcardmaking equipment” means any equipment, machine, plate, mechanism,
impression, or any other device designed, used, or capable of being used to produce a
credit card, a counterfeit credit card, or any aspect or component of a credit card.
“Traffic” means to sell, transfer, distribute, dispense, or otherwise dispose of a
property or to buy, receive, obtain control of, or use property with the intent to sell,
transfer, distribute, dispense, or otherwise dispose of such property.
817.59. False statement as to financial condition or identity.
A person who makes or causes to be made, either directly or indirectly, any false
statement as to a material fact in writing, knowing it to be false and with intent that it be
relied on respecting his or her identity or that of any other person, firm, or corporation or
his or her financial condition or that of any other person, firm, or corporation, for the
purpose of procuring the issuance of a credit card, violates this section and is subject to
the penalties set forth in s. 817.67(1).
817.60. Theft; obtaining credit card through fraudulent means.
THEFT BY TAKING OR RETAINING POSSESSION OF CARD TAKEN.—A
person who takes a credit card from the person, possession, custody, or control of another
without the cardholder’s consent or who, with knowledge that it has been so taken,
receives the credit card with intent to use it, to sell it, or to transfer it to a person other
than the issuer or the cardholder is guilty of credit card theft and is subject to the
penalties set forth in s. 817.67(1). Taking a credit card without consent includes obtaining
it by conduct defined or known as statutory larceny, commonlaw larceny by trespassory
taking, commonlaw larceny by trick or embezzlement or obtaining property by false
pretense, false promise or extortion.
THEFT OF CREDIT CARD LOST, MISLAID, OR DELIVERED BY MISTAKE.—
A person who receives a credit card that he or she knows to have been lost, mislaid, or
delivered under a mistake as to the identity or address of the cardholder and who retains
possession with intent to use it, to sell it, or to transfer
it to a person other than the issuer or the cardholder is guilty of credit card theft and is
subject to the penalties set forth in s. 817.67(1).
PURCHASE OR SALE OF CREDIT CARD OF ANOTHER.—A person other than
the issuer who sells a credit card or a person who buys a credit card from a person other
than the issuer violates this subsection and is subject to the penalties set forth in s.
817.67(1).
OBTAINING CONTROL OF CREDIT CARD AS SECURITY FOR DEBT.—A
person who, with intent to defraud the issuer, a person or organization providing money,
goods, services, or anything else of value, or any other person, obtains control over a
credit card as security for a debt violates this subsection and is subject to the penalties set
forth in s. 817.67(1).
DEALING IN CREDIT CARDS OF ANOTHER.—A person other than the issuer
who, during any 12month period, receives two or more credit cards issued in the name
or names of different cardholders, which cards he or she has reason to know were taken
or retained under circumstances which constitute credit card theft or a violation of this
part, violates this subsection and is subject to the penalties set forth in s. 817.67(2).
FORGERY OF CREDIT CARD.—
A person who, with intent to defraud a purported issuer or a person or organization
providing money, goods, services, or anything else of value or any other person, falsely
makes, falsely embosses, or falsely alters in any manner a credit card or utters such a
credit card or who, with intent to defraud, has a counterfeit credit card or any invoice,
voucher, sales draft, or other
representation or manifestation of a counterfeit credit card in his or her possession,
custody, or control is guilty of credit card forgery and is subject to the penalties set forth
in s. 817.67(2).
A person other than an authorized manufacturer or issuer who possesses two or more
counterfeit credit cards is presumed to have violated this subsection.
A person falsely makes a credit card when he or she makes or draws in whole or in
part a device or instrument which purports to be the credit card of a named issuer but
which is not such a credit card because the issuer did not authorize the making or drawing
or when he or she alters a credit card which was validly issued.
A person falsely embosses a credit card when, without the authorization of the named
issuer, he or she completes a credit card by adding any of the matter, other than the
signature of the cardholder, which an issuer requires to appear on the credit card before it
can be used by a cardholder.
SIGNING CREDIT CARD OF ANOTHER.—A person other than the cardholder or
a person authorized by him or her who, with intent to defraud the issuer or a person or
organization providing money, goods, services, or anything else of value or any other
person, signs a credit card violates this subsection and is subject to the penalties set forth
in s. 817.67(1).
UNLAWFUL POSSESSION OF A STOLEN CREDIT OR DEBIT CARD.—A
person who knowingly possesses, receives, or retains custody of a credit or debit card that
has been taken from the possession, custody, or control of another without the
cardholder’s consent and with the intent to impede the recovery of
the credit or debit card by the cardholder commits unlawful possession of a stolen credit
or debit card and is subject to the penalties set forth in s. 817.67(2). It is not a violation of
this subsection for a retailer or retail employee, in the ordinary course of business, to
possess, receive, or return a credit card or debit card that the retailer or retail employee
does not know was stolen or to possess, receive, or retain a credit card or debit card that
the retailer or retail employee knows is stolen for the purpose of an investigation into the
circumstances regarding the theft of the card or its possible unlawful use.
817.61. Fraudulent use of credit cards.
A person who, with intent to defraud the issuer or a person or organization providing
money, goods, services, or anything else of value or any other person, uses, for the
purpose of obtaining money, goods, services, or anything else of value, a credit card
obtained or retained in violation of this part or a credit card which he or she knows is
forged, or who obtains money, goods, services, or anything else of value by representing,
without the consent of the cardholder, that he or she is the holder of a specified card or by
representing that he or she is the holder of a card and such card has not in fact been
issued violates this section. A person who, in any 6month period, uses a credit card in
violation of this section two or fewer times, or obtains money, goods, services, or
anything else in violation of this section the value of which is less than $100, is subject to
the penalties set forth in s. 817.67(1). A person who, in any 6month period, uses a credit
card in violation of this section more than two times, or obtains money, goods, services,
or anything else in violation of this section the value of which is $100 or more, is subject
to the penalties set forth in s.
817.67(2).
817.611. Traffic in or possess counterfeit credit cards.
As used in this section, the term “related document” means an invoice, a voucher, a
sales draft, or other representation or manifestation of a counterfeit credit card or a credit
card number of a cardholder if not authorized by the cardholder.
A person who traffics in, attempts to traffic in, or possesses counterfeit credit cards or
related documents in any 6month period is guilty of:
A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, if the person traffics in, attempts to traffic in, or possesses 5 to 14 counterfeit
credit cards or related documents.
A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, if the person traffics in, attempts to traffic in, or possesses 15 to 49 counterfeit
credit cards or related documents.
A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, if the person traffics in, attempts to traffic in, or possesses 50 or more
counterfeit credit cards or related documents.
817.612. Expired or revoked credit cards.
A person who, with intent to defraud the issuer or a person or organization providing
money, goods, services, or anything else of value, uses, for the purpose of obtaining
money, goods,
services, or anything else of value, a credit card which he or she knows is expired or
revoked violates this section and is subject to the penalties set forth in s. 817.67(1).
Knowledge of revocation shall be presumed to have been received by a cardholder 7 days
after such notice has been mailed to him or her by firstclass mail at the last known
address.
817.62. Fraud by person authorized to provide goods or services.
ILLEGALLY OBTAINED OR ILLEGALLY POSSESSED CREDIT CARD;
FORGED, REVOKED, OR EXPIRED CREDIT CARD.—A person who is authorized
by an acquirer to furnish money, goods, services, or anything else of value upon
presentation of a credit card by the cardholder, or any agent or employee of such person,
who, with intent to defraud the issuer, the acquirer, or the cardholder, furnishes money,
goods, services, or anything else of value upon presentation of a credit card obtained or
retained in violation of this part or a credit card which he or she knows is forged, expired,
or revoked violates this subsection and is subject to the penalties set forth in s. 817.67(1),
if the value of all money, goods, services, and other things of value furnished in violation
of this subsection does not exceed $300 in any 6month period. The violator is subject to
the penalties set forth in s. 817.67(2) if such value does exceed $300 in any 6month
period.
MISREPRESENTATION TO ISSUER OR ACQUIRER.— A person who is
authorized by an acquirer to furnish money, goods, services, or anything else of value
upon presentation of a credit card by the cardholder, or any agent or employee of such
person, who, with intent to defraud the issuer, the acquirer, or the cardholder, fails to
furnish money, goods, services, or anything else of value which he or she represents in
writing to the issuer or the acquirer that he or she has furnished violates this subsection
and is subject to the penalties set forth in s. 817.67(2).
(3) ILLEGALLY FACTORING CREDIT CARD TRANSACTIONS.—
A person who is authorized by an acquirer to furnish money, goods, services, or
anything else of value upon presentation of a credit card or a credit card account number
by a cardholder, or any agent or employee of such person, who, with intent to defraud the
issuer, the acquirer, or the cardholder, presents to the issuer or acquirer, for payment, a
credit card transaction record of a sale, which sale was not made by such person or his or
her agent or employee, violates this paragraph and is subject to the penalties set forth in s.
817.67(2).
A person who, without the acquirer’s authorization, employs, solicits, or otherwise
causes a person who is authorized by an acquirer to furnish money, goods, services, or
anything else of value upon presentation of a credit card or a credit card account number
by a cardholder, or employs, solicits, or otherwise causes an agent or employee of such
authorized person, to remit to the acquirer a credit card transaction record of a sale that
was not made by such authorized person or his or her agent or employee violates this
paragraph and is subject to the penalties set forth in s. 817.67(2).
Any violation of this subsection constitutes an unfair or deceptive act or practice
within the meaning of s. 501.204 and
thus the basis for a civil or administrative action by an enforcing authority pursuant to
part II of chapter 501.
817.625. Use of scanning device or reencoder to defraud; penalties.
(1) As used in this section, the term:
“Scanning device” means a scanner, reader, or any other electronic device that is
used to access, read, scan, obtain, memorize, or store, temporarily or permanently,
information encoded on the magnetic strip or stripe of a payment card.
“Reencoder” means an electronic device that places encoded information from the
magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different
payment card.
“Payment card” means a credit card, charge card, debit card, or any other card that is
issued to an authorized card user and that allows the user to obtain, purchase, or receive
goods, services, money, or anything else of value from a merchant.
“Merchant” means a person who receives from an authorized user of a payment card,
or someone the person believes to be an authorized user, a payment card or information
from a payment card, or what the person believes to be a payment card or information
from a payment card, as the instrument for obtaining, purchasing, or receiving goods,
services, money, or anything else of value from the person.
(a) It is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084, for a person to use:
A scanning device to access, read, obtain, memorize, or store, temporarily or
permanently, information encoded on the magnetic strip or stripe of a payment card
without the permission of the authorized user of the payment card and with the intent to
defraud the authorized user, the issuer of the authorized user’s payment card, or a
merchant.
A reencoder to place information encoded on the magnetic strip or stripe of a
payment card onto the magnetic strip or stripe of a different card without the permission
of the authorized user of the card from which the information is being reencoded and
with the intent to defraud the authorized user, the issuer of the authorized user’s payment
card, or a merchant.
Any person who violates subparagraph (a)1. or subparagraph (a)2. a second or
subsequent time commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Any person who violates subparagraph (a)1. or subparagraph (a)2. shall also be
subject to the provisions of ss. 932.701932.7062.
817.631. Possession and transfer of creditcardmaking equipment.
A person who receives, possesses, transfers, buys, sells, controls, or has custody of
any creditcardmaking equipment with intent that such equipment be used in the
production of counterfeit credit cards violates this section and is subject to the penalties
set forth in s. 817.67(2).
817.64. Receipt of money, etc., obtained by fraudulent use of credit cards.
A person who receives money, goods, services, or anything else of value obtained in
violation of s. 817.61, knowing or believing that it was so obtained, violates this section
and is subject to the penalties set forth in s. 817.67(1). A person who obtains at a discount
price a ticket issued by an airline, railroad, steamship, or other transportation company
which was acquired in violation of s. 817.61 without reasonable inquiry to ascertain that
the person from whom it was obtained had a legal right to possess it shall be presumed to
know that such ticket was acquired under circumstances constituting a violation of s.
817.61.
817.645. Alteration of credit card invoice; penalties.
Whoever, with intent to defraud any person, falsely alters any invoice for money,
goods, services, or anything else of value obtained by use of a credit card after it has been
signed by the cardholder or a person authorized by him or her violates this section and is
subject to the penalties set forth in s. 817.67(1).
817.646. Credit card lists prohibited; penalty.
It is unlawful for any person, business, corporation, partnership, or other agency to
make available, lend, donate, or sell any list or portion of a list of any credit card
subscribers and their addresses and account numbers to any third party without the
express written permission of the issuer and the subscribers; except that a credit card
issuer may make a list of its cardholders, including names, addresses, and account
numbers, available, without the permission of the subscribers, to a third party pursuant
to a contract, if such contract contains language requiring the third party to bind through
contract each of its subcontractors by including language prohibiting the divulging of any
part of the list for any purpose by the subcontractors except to fulfill and service orders
pursuant to the contract between the credit card issuer and the authorized third party.
However, notwithstanding any contrary provision of this section, a “consumer reporting
agency,” as that term is defined by the Fair Credit Reporting Act,
Pub. L. No. 91
508
,
may provide lists of credit account names, addresses, and account numbers to third
parties pursuant to the provisions of that act. Nothing herein shall make unlawful or
otherwise prohibit the transmittal of any such information to or from a “consumer
reporting agency,” as that term is defined in the Fair Credit Reporting Act, or a “debt
collector,” as that term is defined in the Fair Debt Collection Practices Act, Pub. L. No.
95109. Notwithstanding the provisions of this section:
A corporation may make available, lend, donate, or sell any list or portion of a list of
any credit card subscribers and their addresses and account numbers to a subsidiary or the
parent corporation of such corporation or to another subsidiary of the common parent
corporation; and
Any business entity may lawfully obtain the names, addresses, and account numbers
of its own customers. Such information may only be maintained to serve the needs of its
customers for its own promotional or marketing purposes.
A violator of this section is subject to the penalties set forth in s. 817.67(1).
817.65. Defenses not available.
It shall not constitute a defense to a prosecution for any violation of this part that:
A credit card that is not a counterfeit credit card is offered for use or sale as a
counterfeit credit card.
A person, other than the defendant, who violated this part has not been convicted,
apprehended, or identified.
817.66. Presumptions.
When this part establishes a presumption with respect to any fact which is an element
of a crime, it has the following consequences:
When there is sufficient evidence of the facts which give rise to the presumption to
go to the jury, the issue of the existence of the presumed fact must be submitted to the
jury, unless the court is satisfied that the evidence as a whole clearly negatives the
presumed fact; and
When the issue of the existence of the presumed fact is submitted to the jury, the
court shall charge that while the presumed fact must, on all the evidence, be proved
beyond a reasonable doubt, the law declares that the jury may regard the facts giving rise
to the presumption as sufficient evidence of the presumed fact.
817.67. Penalties.
A person who is subject to the penalties of this subsection is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
817.68. Part II not exclusive.
This part shall not be construed to preclude the applicability of any other provision of
the criminal law of this state which presently applies or may in the future apply to any
transaction which violates this part, unless such provision is inconsistent with the terms
of this part.
817.685. Credit card transaction records.
In any action brought under this part, the authentication or identification of the
business records of a credit card issuer is evidence sufficient to support a finding that the
record in question is what its proponent claims, if the records are supported by the
testimony of a designated representative of the credit card issuer. Such designated
representative who has received the business records from the custodian of such records
shall be considered a qualified witness within the meaning of s. 90.803(6)(a).
CHAPTER 823
PUBLIC NUISANCES
823.02. Building bonfires.
Whoever is concerned in causing or making a bonfire within 10 rods of any house or
building shall be guilty of a misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083.
823.041. Disposal of bodies of dead animals; penalty.
Any owner, custodian, or person in charge of domestic animals, upon the death of
such animals due to disease, shall dispose of the carcasses of such animals by burning or
burying at least 2 feet below the surface of the ground; provided, however, nothing in this
section shall prohibit the disposal of such animal carcasses to rendering companies
licensed to do business in this state.
It is unlawful to dispose of the carcass of any domestic animal by dumping such
carcass on any public road or rightofway, or in any place where such carcass can be
devoured by beast or bird.
Any person violating any of the provisions of this section shall be guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
For the purposes of this act, the words “domestic animal” shall include any equine or
bovine animal, goat, sheep, swine, dog, cat, poultry, or other domesticated beast or bird.
823.07. Iceboxes, refrigerators, deepfreeze lockers, clothes washers, clothes
dryers, or airtight units; abandonment, discard.
The purpose of ss. 823.07823.09 is to prevent deaths due to suffocation of children
locked in abandoned or discarded iceboxes, refrigerators, deepfreeze lockers, clothes
washers, clothes dryers, or similar airtight units from which the doors have not been
removed.
It is unlawful for any person knowingly to abandon or discard or to permit to be
abandoned or discarded on premises under his or her control any icebox, refrigerator,
deepfreeze locker, clothes washer, clothes dryer, or similar airtight unit having an
interior storage capacity of 1½ cubic feet or more from which the door has not been
removed.
The provisions of this section shall not apply to an icebox, refrigerator, deepfreeze
locker, clothes washer, clothes dryer, or similar airtight unit which is crated or is securely
locked from the outside or is in the normal use on the premises of a home, or rental unit,
or is held for sale or use in a place of business; provided, however, that “place of
business” as used herein shall not be deemed to include a junkyard or other similar
establishment dealing in secondhand merchandise for sale on open unprotected premises.
It shall be unlawful for any junkyard dealer or secondhand furniture dealer with
unenclosed premises used for display of secondhand iceboxes, refrigerators, deepfreeze
lockers, clothes washers, clothes dryers, or similar airtight units to fail to remove the
doors on such secondhand units having an interior storage
capacity of 1½ cubic feet or more from which the door has not been removed. This
section will not apply to any dealer who has fenced and locked his or her premises.
823.09. Violation of s. 823.07; penalty.
Any person violating any provision of s. 823.07, is guilty of a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083; provided, however,
that in the event death of a minor child or permanent physical or mental injury to a minor
child results from willful and wanton misconduct amounting to culpable negligence on
the part of the person committing such violation, then such person shall be guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
823.12. Smoking in elevators unlawful; penalty.
It is unlawful for any person to possess any ignited tobacco product or other ignited
substance while present in an elevator. Any person who violates this section is guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
823.13. Places where obscene materials are illegally kept, sold, or used
declared a public nuisance; drivein theaters, films visible from public streets
or public places.
Any store, shop, warehouse, building, vehicle, ship, boat, vessel, aircraft, or any
place whatever, which is visited by persons for the purpose of unlawfully purchasing or
viewing any obscene material or performance as described in chapter 847, or which is
used for the illegal keeping, selling, or delivering of the same, shall be deemed a public
nuisance. No person shall keep or maintain such public nuisance or aid and abet another
in keeping or maintaining such public nuisance.
It shall be unlawful and is hereby declared a public nuisance for any ticket seller,
ticket taker, usher, motion picture projection machine operator, manager, owner, or any
other person connected with or employed by any drivein theater in the state to
knowingly exhibit, or aid or assist in exhibiting, any motion picture, slide, or other
exhibit which depicts nudity which is harmful to minors as described in s. 847.013, if
such motion picture, slide, or other exhibit is visible from any public street or public
place, other than that place intended for the showing of such motion pictures, slides, or
other exhibits.
CHAPTER 825
ABUSE, NEGLECT, AND EXPLOITATION OF ELDERLY
PERSONS AND DISABLED ADULTS
825.101. Definitions.
As used in this chapter:
“Facility” means any location providing day or residential care or treatment for
elderly persons or disabled adults. The term “facility” may include, but is not limited to,
any hospital, training center, state institution, nursing home, assisted living facility, adult
familycare home, adult day care center, group home, mental health treatment center, or
continuing care community.
“Lacks capacity to consent” means an impairment by reason of mental illness,
developmental disability, organic brain disorder, physical illness or disability, chronic use
of drugs, chronic intoxication, shortterm memory loss, or other cause, that causes an
elderly person or disabled adult to lack sufficient understanding or capacity to make or
communicate reasonable decisions concerning the elderly person’s or disabled adult’s
person or property.
“Obtains or uses” means any manner of:
Taking or exercising control over property; or
Making any use, disposition, or transfer of property.
“Position of trust and confidence” with respect to an elderly person or a disabled
adult means the position of a person who:
Is a parent, spouse, adult child, or other relative by blood or marriage of the elderly
person or disabled adult;
Is a joint tenant or tenant in common with the elderly person or disabled adult;
Has a legal or fiduciary relationship with the elderly person or disabled adult,
including, but not limited to, a courtappointed
or voluntary guardian, trustee, attorney, or conservator;
Is a caregiver of the elderly person or disabled adult; or
Is any other person who has been entrusted with or has assumed responsibility for the
use or management of the elderly person’s or disabled adult’s funds, assets, or property.
(10) “Property” means anything of value and includes:
Real property, including things growing on, affixed to, and found in land.
Tangible or intangible personal property, including rights, privileges, interests, and
claims.
Services.
“Services” means anything of value resulting from a person’s physical or mental
labor or skill, or from the use, possession, or presence of property, and includes:
Repairs or improvements to property.
Professional services.
Private, public, or governmental communication, transportation, power, water, or
sanitation services.
Lodging accommodations.
Admissions to places of exhibition or entertainment.
“Value” means value determined according to any of the following:
1. The market value of the property at the time and place of the offense or, if the
market value cannot be satisfactorily
ascertained, the cost of replacing the property within a reasonable time after the offense.
In the case of a written instrument such as a check, draft, or promissory note, which
does not have a readily ascertainable market value, the value is the amount due or
collectible. The value of any other instrument that creates, releases, discharges, or
otherwise affects any valuable legal right, privilege, or obligation is the greatest amount
of economic loss that the owner of the instrument might reasonably suffer by the loss of
the instrument.
The value of a trade secret that does not have a readily ascertainable market value is
any reasonable value representing the damage to the owner suffered by reason of losing
advantage over those who do not know of or use the trade secret.
If the value of the property cannot be ascertained, the trier of fact may find the value
to be not less than a certain amount; if no such minimum value can be ascertained, the
value is an amount less than $100.
Amounts of value of separate properties involved in exploitation committed pursuant
to one scheme or course of conduct, whether the exploitation involves the same person or
several persons, may be aggregated in determining the degree of the offense.
825.102. Abuse, aggravated abuse, and neglect of an elderly person or disabled
adult; penalties.
(1) “Abuse of an elderly person or disabled adult” means:
Intentional infliction of physical or psychological injury
upon an elderly person or disabled adult;
(a) “Lewd or lascivious exhibition in the presence of an elderly person or disabled
person” occurs when a person, in the presence of an elderly person or disabled person:
Intentionally masturbates;
Intentionally exposes his or her genitals in a lewd or lascivious manner; or
Intentionally commits any other lewd or lascivious act that does not involve actual
physical or sexual contact with the elderly person or disabled person, including but not
limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving
sexual activity,
when the person knows or reasonably should know that the elderly person or disabled
person either lacks the capacity to consent or fails to give consent to having such act
committed in his or her presence.
A person who commits a lewd or lascivious exhibition in the presence of an elderly
person or disabled person commits a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
825.103. Exploitation of an elderly person or disabled adult; penalties.
(1) “Exploitation of an elderly person or disabled adult” means:
Knowingly obtaining or using, or endeavoring to obtain or use, an elderly person’s or
disabled adult’s funds, assets, or property with the intent to temporarily or permanently
deprive the elderly person or disabled adult of the use, benefit, or possession of the funds,
assets, or property, or to benefit someone other than the elderly person or disabled adult,
by a person who:
Stands in a position of trust and confidence with the elderly person or disabled adult;
or
Has a business relationship with the elderly person or disabled adult;
Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain
or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to
temporarily or permanently deprive the elderly person or disabled adult of the use,
benefit, or possession of the funds, assets, or property, or to benefit someone other than
the elderly person or disabled adult, by a person who knows or reasonably should know
that the elderly person or disabled adult lacks the capacity to consent;
Breach of a fiduciary duty to an elderly person or disabled adult by the person’s
guardian, trustee who is an individual, or agent under a power of attorney which results in
an unauthorized appropriation, sale, or transfer of property. An unauthorized
appropriation under this paragraph occurs when the elderly person
or disabled adult does not receive the reasonably equivalent financial value in goods or
services, or when the fiduciary violates any of these duties:
1. For agents appointed under chapter 709:
a. Committing fraud in obtaining their appointments; b. Abusing
their powers;
c. Wasting, embezzling, or intentionally mismanaging the assets of the principal or
beneficiary; or
d. Acting contrary to the principal’s sole benefit or best interest; or
For guardians and trustees who are individuals and who are appointed under chapter
736 or chapter 744:
a. Committing fraud in obtaining their appointments; b. Abusing
their powers; or
c. Wasting, embezzling, or intentionally mismanaging the assets of the ward or
beneficiary of the trust;
Misappropriating, misusing, or transferring without authorization money belonging
to an elderly person or disabled adult from an account in which the elderly person or
disabled adult placed the funds, owned the funds, and was the sole contributor or payee
of the funds before the misappropriation, misuse, or unauthorized transfer. This
paragraph only applies to the following types of accounts:
Personal accounts;
Joint accounts created with the intent that only the elderly
person or disabled adult enjoys all rights, interests, and claims to moneys deposited into
such account; or
3. Convenience accounts created in accordance with s. 655.80;
or
Intentionally or negligently failing to effectively use an elderly person’s or disabled
adult’s income and assets for the necessities required for that person’s support and
maintenance, by a caregiver or a person who stands in a position of trust and confidence
with the elderly person or disabled adult.
Any inter vivos transfer of money or property valued in excess of $10,000 at the time
of the transfer, whether in a single transaction or multiple transactions, by a person age
65 or older to a nonrelative whom the transferor knew for fewer than 2 years before the
first transfer and for which the transferor did not receive the reasonably equivalent
financial value in goods or services creates a permissive presumption that the transfer
was the result of exploitation.
This subsection applies regardless of whether the transfer or transfers are denoted by
the parties as a gift or loan, except that it does not apply to a valid loan evidenced in
writing that includes definite repayment dates. However, if repayment of any such loan is
in default, in whole or in part, for more than 65 days, the presumption of this subsection
applies.
This subsection does not apply to:
Persons who are in the business of making loans.
Bona fide charitable donations to nonprofit organizations that qualify for tax exempt
status under the Internal Revenue
Code.
In a criminal case to which this subsection applies, if the trial is by jury, jurors shall
be instructed that they may, but are not required to, draw an inference of exploitation
upon proof beyond a reasonable doubt of the facts listed in this subsection. The
presumption of this subsection imposes no burden of proof on the defendant.
(a) If the funds, assets, or property involved in the exploitation of the elderly person
or disabled adult is valued at $50,000 or more, the offender commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If the funds, assets, or property involved in the exploitation of the elderly person or
disabled adult is valued at $10,000 or more, but less than $50,000, the offender commits
a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
If the funds, assets, or property involved in the exploitation of an elderly person or
disabled adult is valued at less than $10,000, the offender commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
If a person is charged with financial exploitation of an elderly person or disabled
adult that involves the taking of or loss of property valued at more than $5,000 and
property belonging to a victim is seized from the defendant pursuant to a search warrant,
the court shall hold an evidentiary hearing and determine, by a preponderance of the
evidence, whether the defendant unlawfully obtained the victim’s property. If the court
finds that the property
was unlawfully obtained, the court may order it returned to the victim for restitution
purposes before trial on the charge. This determination is inadmissible in evidence at trial
on the charge and does not give rise to any inference that the defendant has committed an
offense under this section.
825.104. Knowledge of victim’s age.
It does not constitute a defense to a prosecution for any violation of this chapter that
the accused did not know the age of the victim.
CHAPTER 826
BIGAMY; INCEST
826.01. Bigamy; punishment.
Whoever, having a husband or wife living, marries another person shall, except in the
cases mentioned in s. 826.02, be guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
826.02. Exceptions.
The provisions of s. 826.01 shall not extend to any person:
Who reasonably believes that the prior spouse is dead.
Whose prior spouse has voluntarily deserted him or her and remained absent for the
space of 3 years continuously, the party marrying again not knowing the other to be
living within that time.
Whose bonds of matrimony have been dissolved.
Who violates its provisions because a domestic or foreign court has entered an
invalid judgment purporting to terminate or annul the prior marriage and the defendant
does not know that judgment to be invalid.
Who reasonably believes that he or she is legally eligible to remarry.
826.03. Knowingly marrying husband or wife of another.
Whoever knowingly marries the husband or wife of another person, knowing him or
her to be the spouse of another person,
shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
826.04. Incest.
Whoever knowingly marries or has sexual intercourse with a person to whom he or
she is related by lineal consanguinity, or a brother, sister, uncle, aunt, nephew, or niece,
commits incest, which constitutes a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084. “Sexual intercourse” is the penetration of the female
sex organ by the male sex organ, however slight; emission of semen is not required.
CHAPTER 827
ABUSE OF CHILDREN
827.01. Definitions.
As used in this chapter:
“Caregiver” means a parent, adult household member, or other person responsible for
a child’s welfare.
“Child” means any person under the age of 18 years.
“Placement” means the giving or transferring of possession or custody of a child by
any person to another person for adoption or with the intent or purpose of surrendering
the control of the child.
827.03. Abuse, aggravated abuse, and neglect of a child; penalties.
DEFINITIONS.—As used in this section, the term:
(a) “Aggravated child abuse” occurs when a person: 1. Commits
aggravated battery on a child;
Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
Knowingly or willfully abuses a child and in so doing causes great bodily harm,
permanent disability, or permanent disfigurement to the child.
(b) “Child abuse” means:
Intentional infliction of physical or mental injury upon a
child;
An intentional act that could reasonably be expected to result in physical or mental
injury to a child; or
Active encouragement of any person to commit an act that results or could
reasonably be expected to result in physical or mental injury to a child.
“Maliciously” means wrongfully, intentionally, and without legal justification or
excuse. Maliciousness may be established by circumstances from which one could
conclude that a reasonable parent would not have engaged in the damaging acts toward
the child for any valid reason and that the primary purpose of the acts was to cause the
victim unjustifiable pain or injury.
“Mental injury” means injury to the intellectual or psychological capacity of a child
as evidenced by a discernible and substantial impairment in the ability of the child to
function within the normal range of performance and behavior as supported by expert
testimony.
“Neglect of a child” means:
A caregiver’s failure or omission to provide a child with the care, supervision, and
services necessary to maintain the child’s physical and mental health, including, but not
limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services
that a prudent person would consider essential for the wellbeing of the child; or
A caregiver’s failure to make a reasonable effort to protect a child from abuse,
neglect, or exploitation by another person.
Except as otherwise provided in this section, neglect of a child may be based on
repeated conduct or on a single incident or omission that results in, or could reasonably
be expected to result in, serious physical or mental injury, or a substantial risk of death, to
a child.
(2) OFFENSES.—
A person who commits aggravated child abuse commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who willfully or by culpable negligence neglects a child and in so doing
causes great bodily harm, permanent disability, or permanent disfigurement to the child
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
A person who knowingly or willfully abuses a child without causing great bodily
harm, permanent disability, or permanent disfigurement to the child commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who willfully or by culpable negligence neglects a child without causing
great bodily harm, permanent disability, or permanent disfigurement to the child commits
a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(3) EXPERT TESTIMONY.—
Except as provided in paragraph (b), a physician may not provide expert testimony in
a criminal child abuse case unless the physician is a physician licensed under chapter 458
or chapter 459
or has obtained certification as an expert witness pursuant to s.
458.3175 or s. 459.0066.
A physician may not provide expert testimony in a criminal child abuse case
regarding mental injury unless the physician is a physician licensed under chapter 458 or
chapter 459 who has completed an accredited residency in psychiatry or has obtained
certification as an expert witness pursuant to s. 458.3175 or s. 459.0066.
A psychologist may not give expert testimony in a criminal child abuse case
regarding mental injury unless the psychologist is licensed under chapter 490.
The expert testimony requirements of this subsection apply only to criminal child
abuse cases and not to family court or dependency court cases.
827.035. Newborn infants.
It shall not constitute neglect of a child pursuant to s. 827.03 or contributing to the
dependency of a child pursuant to s. 827.04, if a parent leaves a newborn infant at a
hospital, emergency medical services station, or fire station or brings a newborn infant to
an emergency room and expresses an intent to leave the infant and not return, in
compliance with s. 383.50.
827.04. Contributing to the delinquency or dependency of a child; penalty.
(1) Any person who:
Commits any act which causes, tends to cause, encourages,
or contributes to a child becoming a delinquent or dependent child or a child in need of
services; or
Induces or endeavors to induce, by act, threat, command, or persuasion, a child to
commit or perform any act, follow any course of conduct, or live in a manner that causes
or tends to cause such child to become or to remain a dependent or delinquent child or a
child in need of services,
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
It is not necessary for any court exercising juvenile jurisdiction to make an
adjudication that any child is delinquent or dependent or a child in need of services in
order to prosecute a violation of this section. An adjudication that a child is delinquent or
dependent or a child in need of services shall not preclude a subsequent prosecution of a
violation of this section.
A person 21 years of age or older who impregnates a child under 16 years of age
commits an act of child abuse which constitutes a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084. A person who impregnates a child in
violation of this subsection commits an offense under this subsection regardless of
whether the person is found to have committed, or has been charged with or prosecuted
for, any other offense committed during the course of the same criminal transaction or
episode, including, but not limited to, an offense proscribed under s. 800.04, relating to
lewd, lascivious, or indecent assault or act upon any person under 16 years of age.
Neither the victim’s lack of chastity nor the victim’s consent is a defense to the crime
proscribed under this subsection.
827.06. Nonsupport of dependents.
The Legislature finds that most parents want to support their children and remain
connected to their families. The Legislature also finds that while many parents lack the
financial resources and other skills necessary to provide that support, some parents
willfully fail to provide support to their children even when they are aware of the
obligation and have the ability to do so. The Legislature further finds that existing
statutory provisions for civil enforcement of support have not proven sufficiently
effective or efficient in gaining adequate support for all children. Recognizing that it is
the public policy of this state that children shall be maintained primarily from the
resources of their parents, thereby relieving, at least in part, the burden presently borne by
the general citizenry through public assistance programs, it is the intent of the Legislature
that the criminal penalties provided for in this section are to be pursued in all appropriate
cases where civil enforcement has not resulted in payment.
Any person who willfully fails to provide support which he or she has the ability to
provide to a child or a spouse whom the person knows he or she is legally obligated to
support commits a misdemeanor of the first degree, punishable as provided in s. 775.082
or s. 775.083.
Any person who is convicted of a fourth or subsequent violation of subsection (2) or
who violates subsection (2) and who has owed to that child or spouse for more than 1
year support in an amount equal to or greater than $5,000 commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Upon a conviction under this section, the court shall order restitution in an amount
equal to the total unpaid support obligation as it exists at the time of sentencing.
(a) Evidence that the defendant willfully failed to make sufficient good faith efforts
to legally acquire the resources to pay legally ordered support may be sufficient to prove
that he or she had the ability to provide support but willfully failed to do so, in violation
of this section.
The element of knowledge may be proven by evidence that a court or tribunal as
defined by s. 88.1011 has entered an order that obligates the defendant to provide the
support.
(6) [Intentionally omitted.]
827.071. Sexual performance by a child; penalties.
As used in this section, the following definitions shall
apply:
“Deviate sexual intercourse” means sexual conduct between persons not married to
each other consisting of contact between the penis and the anus, the mouth and the penis,
or the mouth and the vulva.
“Intentionally view” means to deliberately, purposefully, and voluntarily view. Proof
of intentional viewing requires establishing more than a single image, motion picture,
exhibition, show, image, data, computer depiction, representation, or other presentation
over any period of time.
“Performance” means any play, motion picture, photograph, or dance or any other
visual representation exhibited before an
audience.
“Promote” means to procure, manufacture, issue, sell, give, provide, lend, mail,
deliver, transfer, transmute, publish, distribute, circulate, disseminate, present, exhibit, or
advertise or to offer or agree to do the same.
“Sadomasochistic abuse” means flagellation or torture by or upon a person, or the
condition of being fettered, bound, or otherwise physically restrained, for the purpose of
deriving sexual satisfaction from inflicting harm on another or receiving such harm
oneself.
“Sexual battery” means oral, anal, or vaginal penetration by, or union with, the
sexual organ of another or the anal or vaginal penetration of another by any other object;
however, “sexual battery” does not include an act done for a bona fide medical purpose.
“Sexual bestiality” means any sexual act between a person and an animal involving
the sex organ of the one and the mouth, anus, or vagina of the other.
“Sexual conduct” means actual or simulated sexual intercourse, deviate sexual
intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual lewd
exhibition of the genitals; actual physical contact with a person’s clothed or unclothed
genitals, pubic area, buttocks, or, if such person is a female, breast, with the intent to
arouse or gratify the sexual desire of either party; or any act or conduct which constitutes
sexual battery or simulates that sexual battery is being or will be committed. A mother’s
breastfeeding of her baby does not under any circumstance constitute “sexual conduct.”
“Sexual performance” means any performance or part thereof which includes sexual
conduct by a child of less than 18 years of age.
“Simulated” means the explicit depiction of conduct set forth in paragraph (h) which
creates the appearance of such conduct and which exhibits any uncovered portion of the
breasts, genitals, or buttocks.
A person is guilty of the use of a child in a sexual performance if, knowing the
character and content thereof, he or she employs, authorizes, or induces a child less than
18 years of age to engage in a sexual performance or, being a parent, legal guardian, or
custodian of such child, consents to the participation by such child in a sexual
performance. Whoever violates this subsection is guilty of a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person is guilty of promoting a sexual performance by a child when, knowing the
character and content thereof, he or she produces, directs, or promotes any performance
which includes sexual conduct by a child less than 18 years of age. Whoever violates this
subsection is guilty of a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
It is unlawful for any person to possess with the intent to promote any photograph,
motion picture, exhibition, show, representation, or other presentation which, in whole or
in part, includes any sexual conduct by a child. The possession of three or more copies of
such photograph, motion picture, representation, or presentation is prima facie evidence
of an intent to promote. Whoever violates this subsection is guilty of a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(a) It is unlawful for any person to knowingly possess, control, or intentionally view
a photograph, motion picture, exhibition, show, representation, image, data, computer
depiction, or other presentation which, in whole or in part, he or she knows to include any
sexual conduct by a child. The possession, control, or intentional viewing of each such
photograph, motion picture, exhibition, show, image, data, computer depiction,
representation, or presentation is a separate offense. If such photograph, motion picture,
exhibition, show, representation, image, data, computer depiction, or other presentation
includes sexual conduct by more than one child, then each such child in each such
photograph, motion picture, exhibition, show, representation, image, data, computer
depiction, or other presentation that is knowingly possessed, controlled, or intentionally
viewed is a separate offense. A person who violates this subsection commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
This subsection does not apply to material possessed, controlled, or intentionally
viewed as part of a law enforcement investigation.
Prosecution of any person for an offense under this section shall not prohibit
prosecution of that person in this state for a violation of any law of this state, including a
law providing for greater penalties than prescribed in this section or any other crime
punishing the sexual performance or the sexual exploitation of children.
827.10. Unlawful desertion of a child.
(1) As used in this section, the term:
“Care” means support and services necessary to maintain the child’s physical and
mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision,
medicine, and medical services that a prudent person would consider essential for the
wellbeing of the child.
“Caregiver” has the same meaning as provided in s. 39.01.
“Child” means a child for whose care the caregiver is legally responsible.
“Desertion” or “deserts” means to leave a child in a place or with a person other than
a relative with the intent not to return to the child and with the intent not to provide for
the care of the child.
“Relative” has the same meaning as provided in s. 39.01.
A caregiver who deserts a child under circumstances in which the caregiver knew or
should have known that the desertion exposes the child to unreasonable risk of harm
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
This section does not apply to a person who surrenders a newborn infant in
compliance with s. 383.50.
This section does not preclude prosecution for a criminal act under any other law,
including, but not limited to, prosecution of child abuse or neglect of a child under s.
827.03.
CHAPTER 828
ANIMALS: CRUELTY; SALES; ANIMAL ENTERPRISE
PROTECTION
828.02. Definitions.
828.05. Killing an injured or diseased domestic animal.
The purpose of this section is to provide a swift and merciful means whereby
domestic animals which are suffering from an incurable or untreatable condition or are
imminently near death from injury or disease may be destroyed without unconscionable
delay and in a humane and proficient manner.
As used in this section, the term “officer” means:
Any law enforcement officer;
Any veterinarian; and
Any officer or agent of any municipal or county animal control unit or of any society
or association for the prevention of cruelty to animals, or the designee of such an officer
or agent.
Whenever any domestic animal is so injured or diseased as to appear useless and is
suffering, and it reasonably appears to an officer that such animal is imminently near
death or cannot be cured or rendered fit for service and the officer has made a reasonable
and concerted, but unsuccessful, effort to locate the owner, the owner’s agent, or a
veterinarian, then such officer, acting in good faith and upon reasonable belief, may
immediately destroy such animal by shooting the animal or injecting it with a barbiturate
drug. If the officer locates the owner or the owner’s agent, the officer shall notify him or
her of the animal’s location and condition. If the officer locates only a veterinarian, the
officer shall destroy the animal only upon the advice of the veterinarian. However, this
section does not prohibit an owner from destroying his or her own domestic animal in a
humane and proficient manner when the conditions described in this section exist.
No officer or veterinarian acting in good faith and with due care pursuant to this
section will be liable either criminally or civilly for such act, nor will any civil or
criminal liability attach to the employer of the officer or veterinarian.
A court order is not necessary to carry out the provisions of this section.
828.073. Animals found in distress.
The purpose of this section is to provide a means by which a neglected or mistreated
animal may be:
Removed from its present custody, or
Made the subject of an order to provide care, issued to its owner by the county court,
any law enforcement officer, any animal control officer certified pursuant to s. 828.27, or
any agent of any county or of any society or association for the prevention of cruelty to
animals appointed under s. 828.03,
and protected and disposed of appropriately and humanely.
Any law enforcement officer, any animal control officer certified pursuant to s.
828.27, or any agent of any county or of any society or association for the prevention of
cruelty to animals appointed under s. 828.03 may:
Lawfully take custody of any animal found neglected or cruelly treated by removing
the animal from its present location, or
Order the owner of any animal found neglected or cruelly treated to provide certain
care to the animal at the owner’s expense without removal of the animal from its present
location,
and shall file a petition seeking relief under this section in the county court of the
county in which the animal is found within 10 days after the animal is seized or an order
to provide care is issued. The court shall schedule and commence a hearing on the
petition within 30 days after the petition is filed to determine whether the owner, if
known, is able to adequately provide for the animal and is fit to have custody of the
animal. The hearing shall be concluded and the court order entered thereon within 60
days after the date the hearing is commenced. The timeframes set forth in this subsection
are not jurisdictional. However, if a failure to
meet such timeframes is attributable to the officer or agent, the owner is not required to
pay the officer or agent for care of the animal during any period of delay caused by the
officer or agent. A fee may not be charged for filing the petition. This subsection does not
require court action for taking custody and properly disposing of stray or abandoned
animals as lawfully performed by animal control agents.
The law enforcement officer, the animal control officer certified pursuant to s.
828.27, or the agent of any county or of any society or association for the prevention of
cruelty to animals taking custody of an animal pursuant to this section shall have written
notice served, at least 3 days before the hearing scheduled under subsection (2), upon the
owner of the animal, if he or she is known and is residing in the county where the animal
was taken, in accordance with chapter 48 relating to service of process. The sheriff of the
county may not charge a fee for service of such notice.
(a) The law enforcement officer, the animal control officer certified pursuant to s.
828.27, or the agent of any county or of any society or association for the prevention of
cruelty to animals taking custody of an animal pursuant to this section shall provide for
the animal until either:
The owner is adjudged by the court to be able to adequately provide for, and have
custody of, the animal, in which case the animal shall be returned to the owner upon
payment by the owner for the care and provision for the animal while in the agent’s or
officer’s custody; or
The animal is turned over to the officer or agent pursuant to
paragraph (c) and humanely disposed of.
If the court determines that the owner is able to provide adequately for, and have
custody of, the animal, the order shall provide that the animal in the possession of the
officer or agent be claimed and removed by the owner within 7 days after the date of the
order.
Upon the court’s judgment that the owner of the animal is unable or unfit to
adequately provide for the animal:
1. The court may:
a. Order that the current owner have no further custody of the animal and that the
animal be sold by the sheriff at public auction or remanded to the custody of the Society
for the Prevention of Cruelty to Animals, the Humane Society, the county, the
municipality with animal control officers certified pursuant to s. 828.27, or any agency or
person the judge deems appropriate to be disposed of as the agency or person sees fit; or
b. Order that the animal be destroyed or remanded directly to the custody of the
Society for the Prevention of Cruelty to Animals, the Humane Society, the county, the
municipality with animal control officers certified pursuant to s. 828.27, or any agency or
person the judge deems appropriate to be disposed of as the agency or person sees fit.
The court, upon proof of costs incurred by the officer or agent, may require that the
owner pay for the care of the animal while in the custody of the officer or agent. A
separate hearing may be held.
The court may order that other animals that are in the
custody of the owner and that were not seized by the officer or agent be turned over to the
officer or agent if the court determines that the owner is unable or unfit to adequately
provide for the animals. The court may enjoin the owner’s further possession or custody
of other animals.
In determining the person’s fitness to have custody of an animal, the court may
consider, among other matters:
Testimony from the agent or officer who seized the animal and other witnesses as to
the condition of the animal when seized and as to the conditions under which the animal
was kept.
Testimony and evidence as to the veterinary care provided to the animal.
Testimony and evidence as to the type and amount of care provided to the animal.
Expert testimony as to the community standards for proper and reasonable care of the
same type of animal.
Testimony from any witnesses as to prior treatment or condition of this or other
animals in the same custody.
The owner’s past record of judgments pursuant to this chapter.
Convictions pursuant to applicable statutes prohibiting cruelty to animals.
Other evidence the court considers to be material or relevant.
If the evidence indicates a lack of proper and reasonable
care of the animal, the burden is on the owner to demonstrate by clear and convincing
evidence that he or she is able and fit to have custody of and adequately provide for the
animal.
In any case in which an animal is offered for auction under this section, the proceeds
shall be:
Applied, first, to the cost of the sale.
Applied, secondly, to the care of and provision for the animal by the law enforcement
officer, the animal control officer certified pursuant to s. 828.27, or the agent of any
county or of any society or association for the prevention of cruelty to animals taking
custody.
Applied, thirdly, to the payment of the owner for the sale of the animal.
Paid over to the court if the owner is not known.
828.08. Penalty for exposing poison.
Whoever leaves or deposits any poison or any substance containing poison, in any
common street, alley, lane, or thoroughfare of any kind, or in any yard or enclosure other
than the yard or enclosure occupied or owned by such person, shall be guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
828.12. Cruelty to animals.
A person who unnecessarily overloads, overdrives, torments, deprives of necessary
sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same
to
be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or
inhumane manner, commits animal cruelty, a misdemeanor of the first degree, punishable
as provided in s. 775.082 or by a fine of not more than $5,000, or both.
A person who intentionally commits an act to any animal, or a person who owns or
has the custody or control of any animal and fails to act, which results in the cruel death,
or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to
be done, commits aggravated animal cruelty, a felony of the third degree, punishable as
provided in s. 775.082 or by a fine of not more than $10,000, or both.
A person convicted of a violation of this subsection, where the finder of fact
determines that the violation includes the knowing and intentional torture or torment of
an animal that injures, mutilates, or kills the animal, shall be ordered to pay a minimum
mandatory fine of $2,500 and undergo psychological counseling or complete an anger
management treatment program.
A person convicted of a second or subsequent violation of this subsection shall be
required to pay a minimum mandatory fine of $5,000 and serve a minimum mandatory
period of incarceration of 6 months. In addition, the person shall be released only upon
expiration of sentence, is not eligible for parole, control release, or any form of early
release, and must serve 100 percent of the courtimposed sentence. Any plea of nolo
contendere shall be considered a conviction for purposes of this subsection.
A person who commits multiple acts of animal cruelty or aggravated animal cruelty
against an animal may be charged with a separate offense for each such act. A person
who commits
animal cruelty or aggravated animal cruelty against more than one animal may be
charged with a separate offense for each animal such cruelty was committed upon.
A veterinarian licensed to practice in the state shall be held harmless from either
criminal or civil liability for any decisions made or services rendered under the
provisions of this section. Such a veterinarian is, therefore, under this subsection, immune
from a lawsuit for his or her part in an investigation of cruelty to animals.
A person who intentionally trips, fells, ropes, or lassos the legs of a horse by any
means for the purpose of entertainment or sport shall be guilty of a third degree felony,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this
subsection, “trip” means any act that consists of the use of any wire, pole, stick, rope, or
other apparatus to cause a horse to fall or lose its balance, and “horse” means any animal
of any registered breed of the genus Equus, or any recognized hybrid thereof. The
provisions of this subsection shall not apply when tripping is used:
To control a horse that is posing an immediate threat to other livestock or human
beings;
For the purpose of identifying ownership of the horse when its ownership is
unknown; or
For the purpose of administering veterinary care to the
horse.
828.122. Fighting or baiting animals; offenses; penalties.
This act may be cited as “The Animal Fighting Act.”
As used in this section, the term:
“Animal fighting” means fighting between roosters or other birds or between dogs,
bears, or other animals.
“Baiting” means to attack with violence, to provoke, or to harass an animal with one
or more animals for the purpose of training an animal for, or to cause an animal to engage
in, fights with or among other animals. In addition, “baiting” means the use of live
animals in the training of racing greyhounds.
“Person” means every natural person, firm, copartnership, association, or
corporation.
Any person who knowingly commits any of the following acts commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084:
Baiting, breeding, training, transporting, selling, owning, possessing, or using any
wild or domestic animal for the purpose of animal fighting or baiting;
Owning, possessing, or selling equipment for use in any activity described in
paragraph (a);
Owning, leasing, managing, operating, or having control of any property kept or used
for any activity described in paragraph
or paragraph (b);
Promoting, staging, advertising, or charging any admission fee to a fight or baiting
between two or more animals;
Performing any service or act to facilitate animal fighting or
baiting, including, but not limited to, providing security, refereeing, or handling or
transporting animals or being a stakeholder of any money wagered on animal fighting or
baiting;
Removing or facilitating the removal of any animal impounded under this section
from an agency where the animal is impounded or from a location designated by the
court under subsection (4), subsection (5), or subsection (7), without the prior
authorization of the court;
Betting or wagering any money or other valuable consideration on the fighting or
baiting of animals; or
Attending the fighting or baiting of animals.
Notwithstanding any provision of this subsection to the contrary, possession of the
animal alone does not constitute a violation of this section.
If a court finds probable cause to believe that a violation of this section or s. 828.12
has occurred, the court shall order the seizure of any animals and equipment used in
committing the violation and shall provide for appropriate and humane care or disposition
of the animals. This subsection is not a limitation on the power to seize animals as
evidence at the time of arrest.
If an animal shelter or other location is unavailable, a court may order the animal to
be impounded on the property of its owner or possessor and shall order such person to
provide all necessary care for the animal and to allow regular inspections of the animal
by a person designated by the court.
If a veterinarian finds that an animal kept or used in violation of this section is
suffering from an injury or a disease
severe enough that it is not possible to humanely house and care for the animal pending
completion of a hearing held under s. 828.073(2), final disposition of the criminal
charges, or courtordered forfeiture, the veterinarian may euthanize the animal as
specified in s. 828.058. A veterinarian licensed to practice in this state shall be held
harmless from criminal or civil liability for any decisions made or services rendered
under this subsection.
If an animal can be housed in a humane manner, the provisions of s. 828.073 shall
apply. For the purpose of a hearing provided pursuant to s. 828.073(2), any animal baited,
bred, trained, transported, sold, owned, possessed, or used for the purpose of animal
fighting or baiting shall be considered mistreated.
In addition to other penalties prescribed by law, the court may issue an order
prohibiting a person who is convicted of a violation of this section from owning,
possessing, keeping, harboring, or having custody or control over any animals within the
species that are the subject of the conviction, or any animals kept for the purpose of
fighting or baiting, for a period of time determined by the court.
This section shall not apply to:
Any person simulating a fight for the purpose of using the simulated fight as part of a
motion picture which will be used on television or in a motion picture, provided s. 828.12
is not violated.
Any person using animals to pursue or take wildlife or to participate in any hunting
regulated or subject to being regulated by the rules and regulations of the Fish and
Wildlife Conservation
Commission.
Any person using animals to work livestock for agricultural purposes.
Any person violating s. 828.121.
Any person using dogs to hunt wild hogs or to retrieve domestic hogs pursuant to
customary hunting or agricultural practices.
This section shall not prohibit, impede, or otherwise interfere with recognized animal
husbandry and training techniques or practices not otherwise specifically prohibited by
law.
828.123. Killing dog or cat with intent of selling or giving away pelt;
possession, sale, or importation of pelt with intent of selling or giving away;
penalty.
A person who kills any dog or cat with the sole intent of selling or giving away the
pelt of such animal commits a felony of the third degree, punishable as provided in s.
775.082 or by a fine of not more than $10,000, or by both imprisonment and a fine.
A person who possesses, imports into this state, sells, buys, gives away, or accepts
any pelt of a dog or cat with the sole intent of selling or giving away the pelt of the dog or
cat commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or by
a fine of $5,000, or by both imprisonment and a fine.
A person who possesses, imports into the state, sells, buys, gives away, or accepts
any dog or cat with the sole intent of
killing such dog or cat, or having such dog or cat killed, for the purpose of selling or
giving away the pelt of such animal commits a felony of the third degree, punishable as
provided in s. 775.082 or by a fine of not more than $10,000, or by both imprisonment
and a fine.
It is unlawful for any person to knowingly engage in the business of a dealer or buyer
in the pelts or furs of any dog or cat in the state or to purchase such pelts or furs within
the state. No common carrier shall knowingly ship or transport or receive for
transportation any dog or cat pelts or furs within the state. Any person who violates this
subsection commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
828.1231. Sale of garments or items of clothing containing dog or cat fur
prohibited; sale of pelt of any dog or cat prohibited; penalty.
It is unlawful for any person to knowingly sell or offer for sale, directly or indirectly,
at wholesale or at retail, in this state any garment, or any item of clothing or apparel that
is made, in whole or in part, from the fur of any dog or cat, or which contains or to which
is attached any dog or cat fur.
It is unlawful for any person to knowingly sell or offer for sale, directly or indirectly,
at wholesale or at retail, or to give away, in this state the pelt of any dog or cat.
Any person who violates the provisions of this section commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083. Upon a second or
subsequent conviction for a violation of this subsection, the offender commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any law enforcement agency, or humane officer as defined in s. 828.03, may
institute proceedings in the appropriate circuit court to enforce compliance with the
provisions of this section. Any law enforcement agency, or humane officer as defined in
s. 828.03, may seek a civil penalty of up to $5,000 for each violation.
828.125. Killing or aggravated abuse of horses or cattle; offenses;
penalties.
Any other provisions of this chapter to the contrary notwithstanding:
Any person who willfully and unlawfully, by any means whatsoever, kills, maims,
mutilates, or causes great bodily harm or permanent breeding disability to any animal of
the genus Equus (horse) or any animal of any registered breed or recognized registered
hybrid of the genus Bos (cattle) commits a felony of the second degree, punishable as
provided by s. 775.082, s. 775.083, or s. 775.084, except that any person who commits a
violation of this subsection shall be sentenced to a minimum mandatory fine of $3,500
and a minimum mandatory period of incarceration of 1 year.
Any person who individually attempts or solicits, or jointly agrees, conspires,
combines, or confederates with another person to commit, any act prohibited by
subsection (1) and does an act in furtherance of said attempt, solicitation, or conspiracy
shall be
guilty of a felony of the second degree and is punishable as if the person or persons had
actually committed such prohibited act as enumerated in subsection (1), notwithstanding
any provisions found in s. 777.04. Nothing in this subsection shall be construed to
prohibit separate convictions and sentences for a violation of this subsection and any
violation of subsection (1).
Any person who verbally or in writing threatens to commit any act prohibited by
subsection (1) and has the apparent ability to carry out such threat and places the owner
or custodian of said animal in fear that such an act as described in subsection (1) is about
to take place shall be guilty of a felony of the third degree, punishable as provided by s.
775.082, s. 775.083 or s. 775.084.
In addition to any other fines or penalties authorized by law, a person found guilty of
violating any provision of subsection (1), subsection (2), or subsection (3) may be
ordered by the court to make restitution to the aggrieved party in an amount not to exceed
twice the gross fair market value of the said Equus or Bos killed or abused in an
aggravated manner, or up to twice the gross loss caused, whichever is greater, plus
attorney’s fees and any and all related costs. Upon notice the court shall hold a hearing to
determine the amount of fines, restitution, or costs to be imposed under this section, if not
agreed upon by the parties.
This section shall not be construed to abridge, impede, prohibit, or otherwise
interfere in any way with the application, implementation, or conduct of recognized
livestock husbandry practices or techniques by or at the direction of the owner of the
livestock so husbanded; nor shall any person be held culpable for any act prohibited by
this chapter which results from weather conditions or other acts of God, providing that
the person is in
compliance with recognized livestock husbandry practices.
828.126. Sexual activities involving animals.
(1) As used in this section, the term:
Knowingly engage in any sexual conduct or sexual contact with an animal;
Knowingly cause, aid, or abet another person to engage in any sexual conduct or
sexual contact with an animal;
Knowingly permit any sexual conduct or sexual contact with an animal to be
conducted on any premises under his or her charge or control; or
Knowingly organize, promote, conduct, advertise, aid, abet, participate in as an
observer, or perform any service in the
furtherance of an act involving any sexual conduct or sexual contact with an animal for a
commercial or recreational purpose.
A person who violates this section commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
This section does not apply to accepted animal husbandry practices, conformation
judging practices, or accepted veterinary medical practices.
828.13. Confinement of animals without sufficient food, water, or
exercise; abandonment of animals.
(1) As used in this section:
“Abandon” means to forsake an animal entirely or to neglect or refuse to provide or
perform the legal obligations for care and support of an animal by its owner.
“Owner” includes any owner, custodian, or other person in charge of an animal.
(2) Whoever:
Impounds or confines any animal in any place and fails to supply the animal during
such confinement with a sufficient quantity of good and wholesome food and water,
Keeps any animals in any enclosure without wholesome exercise and change of air,
or
Abandons to die any animal that is maimed, sick, infirm, or diseased,
is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or by a fine of not more than $5,000, or by both imprisonment and
a fine.
Any person who is the owner or possessor, or has charge or custody, of any animal
who abandons such animal to suffer injury or malnutrition or abandons any animal in a
street, road, or public place without providing for the care, sustenance, protection, and
shelter of such animal is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or by a fine of not more than $5,000, or by both imprisonment and
a fine.
828.1615. Prohibiting artificial coloring and sale of certain animals.
(1) It is unlawful for a person to:
Dye or artificially color an animal that is under 12 weeks of age, or a fowl or rabbit
of any age;
Bring a dyed or artificially colored animal that is under 12 weeks of age, or a fowl or
rabbit of any age, into this state; or
Sell, offer for sale, or give away as merchandising premiums, baby chickens,
ducklings, or other fowl under 4 weeks of age or rabbits under 2 months of age to be used
as pets, toys, or retail premiums.
The prohibitions in paragraphs (1)(a) and (b) do not apply to animals that are
temporarily dyed by agricultural entities for protective health purposes.
This section does not apply to an animal that is under 12 weeks of age, or a fowl or
rabbit of any age, that is used or raised for agricultural purposes by a person with proper
facilities to care
for it or for the purpose of poultry or livestock exhibitions.
A person who violates this section commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
CHAPTER 831
FORGERY AND COUNTERFEITING
831.01. Forgery.
Whoever falsely makes, alters, forges or counterfeits a public record, or a certificate,
return or attestation of any clerk or register of a court, public register, notary public, town
clerk or any public officer, in relation to a matter wherein such certificate, return or
attestation may be received as a legal proof; or a charter, deed, will, testament, bond, or
writing obligatory, letter of attorney, policy of insurance, bill of lading, bill of exchange
or promissory note, or an order, acquittance, or discharge for money or other property, or
an acceptance of a bill of exchange or promissory note for the payment of money, or any
receipt for money, goods or other property, or any passage ticket, pass or other evidence
of transportation issued by a common carrier, with intent to injure or defraud any person,
shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
831.02. Uttering forged instruments.
Whoever utters and publishes as true a false, forged or altered record, deed,
instrument or other writing mentioned in s. 831.01 knowing the same to be false, altered,
forged or counterfeited, with intent to injure or defraud any person, shall be guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
831.031. Evidence.
In any proceeding under or related to ss. 831.03831.034:
Proof that a person is in possession of more than 25 goods, labels, patches, stickers,
wrappers, badges, emblems, medallions, charms, boxes, containers, cans, cases, hangtags,
documentation, or packaging or any other components of any type or nature bearing a
counterfeit mark, unless satisfactorily explained, gives rise to an inference that such
property is being possessed with intent to offer it for sale or distribution.
A state or federal certificate of registration of trademark shall be prima facie
evidence of the facts stated therein.
831.032. Offenses involving forging or counterfeiting private labels.
Whoever, knowingly and willfully, forges or counterfeits, or causes or procures to be
forged or counterfeited, manufactures, distributes or transports, or possesses with intent
to distribute or transport, upon or in connection with any goods or services, the trademark
or service mark of any person, entity, or association, which goods or services are
intended for resale, or knowingly possesses tools or other reproduction materials for
reproduction of specific forged or counterfeit trademarks or service marks commits the
crime of counterfeiting.
Whoever knowingly sells or offers for sale, or knowingly purchases and keeps or has
in his or her possession, with intent that the same shall be sold or disposed, or vends any
goods having thereon a forged or counterfeit trademark, or who knowingly sells or offers
for sale any service which is sold in conjunction with a forged or counterfeit service
mark, of any person, entity, or association, knowing the same to be forged or
counterfeited, commits the crime of selling or offering for sale counterfeit goods
or services.
(a) Violation of subsection (1) or subsection (2) is a misdemeanor of the first degree,
punishable as provided in s.
775.082 or s. 775.083, except that:
A violation of subsection (1) or subsection (2) is a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the offense involves
100 or more but less than 1,000 items bearing one or more counterfeit marks or if the
goods involved in the offense have a total retail value of more than $2,500, but less than
$20,000.
A violation of subsection (1) or subsection (2) is a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the offense involves
1,000 or more items bearing one or more counterfeit marks or if the goods involved in the
offense have a total retail value of $20,000 or more.
A violation of subsection (1) or subsection (2) is a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if, during the commission
or as a result of the commission of the offense, the person engaging in the offense
knowingly or by culpable negligence causes or allows to be caused bodily injury to
another.
A violation of subsection (1) or subsection (2) is a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if, during the commission
or as a result of the commission of the offense, the person engaging in the offense
knowingly or by culpable negligence causes or allows to be caused serious bodily injury
to another.
A violation of subsection (1) or subsection (2) is a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084 if, during the commission
or as a result of the commission of the offense, the person engaging in the offense
knowingly or by culpable negligence causes or allows to be caused death to another.
For any person who, having previously been convicted for an offense under this
section, is subsequently convicted for another offense under this section, such subsequent
offense shall be reclassified as follows:
In the case of a felony of the second degree, to a felony of the first degree.
In the case of a felony of the third degree, to a felony of the second degree.
In the case of a misdemeanor of the first degree, to a felony of the third degree. For
purposes of sentencing under chapter 921 and determining incentive gaintime eligibility
under chapter 944, such offense is ranked in level 4 of the offense severity ranking chart.
For purposes of sentencing under chapter 921 and determining incentive gaintime
eligibility under chapter 944, a felony offense that is reclassified under this paragraph is
ranked one level above the ranking under s. 921.0022 or s. 921.0023 of the felony offense
committed.
In lieu of a fine otherwise authorized by law, when any person has been convicted of
an offense under this section, the court may fine the person up to three times the retail
value of the
goods seized, manufactured, or sold, whichever is greater, and may enter orders awarding
court costs and the costs of investigation and prosecution, reasonably incurred. The court
shall hold a hearing to determine the amount of the fine authorized by this paragraph.
When a person is convicted of an offense under this section, the court, pursuant to s.
775.089, shall order the person to pay restitution to the trademark owner and any other
victim of the offense. In determining the value of the property loss to the trademark
owner, the court shall include expenses incurred by the trademark owner in the
investigation or prosecution of the offense as well as the disgorgement of any profits
realized by a person convicted of the offense.
All defenses, affirmative defenses, and limitations on remedies that would be
applicable in an action under the Lanham Act, 15 U.S.C. ss. 1051 et seq., or to an action
under s. 495.131 shall be applicable in a prosecution under this section.
831.033. Forging or counterfeiting private labels; destruction;
forfeiture.
(a) Any goods to which forged or counterfeit trademarks or service marks are
attached or affixed or any tools or other materials for the reproduction of any specific
forged or counterfeit trademark or service mark which are produced or possessed in
violation of this section may be seized by any law enforcement officer.
Any personal property, including, but not limited to, any item, object, tool, machine,
or vehicle of any kind, employed as
an instrumentality in the commission of, or in aiding or abetting in the commission of, the
crime of counterfeiting, as proscribed by
831.03831.034, and not otherwise included in paragraph (a), may be seized and is
subject to forfeiture pursuant to ss. 932.701932.704.
The court, in imposing sentence on a person convicted of an offense under this
section, shall order, in addition to any other sentence imposed, that the person forfeit to
the state the following:
Any property constituting or derived from any proceeds the person obtained, directly
or indirectly, as the result of the offense.
Any of the person’s property used, or intended to be used, in any manner or part, to
commit, facilitate, aid, or abet the commission of the offense.
Any item that bears or consists of a counterfeit mark used in committing the offense.
At the conclusion of all forfeiture proceedings, the court shall order that any forfeited
item bearing or consisting of a counterfeit mark be destroyed or alternatively disposed of
in another manner with the written consent of the trademark owners. The owners of the
registered or protected mark shall be responsible for the costs incurred in the disposition
of the forged or counterfeit items.
831.08. Possessing certain forged notes, bills, checks, or drafts.
Whoever has in his or her possession 10 or more similar false,
altered, forged, or counterfeit notes, bills of credit, bank bills, checks, drafts, or notes,
such as are mentioned in any of the preceding sections of this chapter, payable to the
bearer thereof or to the order of any person, knowing the same to be false, altered, forged,
or counterfeit, with intent to utter and pass the same as true, and thereby to injure or
defraud any person, commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
831.09. Uttering forged bills, checks, drafts, or notes.
Whoever utters or passes or tenders in payment as true, any such false, altered,
forged, or counterfeit note, or any bank bill, check, draft, or promissory note, payable to
the bearer thereof or to the order of any person, issued as aforesaid, knowing the same to
be false, altered, forged, or counterfeit, with intent to injure or defraud any person,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
831.11. Bringing into the state forged bank bills, checks, drafts, or notes.
Whoever brings into this state or has in his or her possession a false, forged, or
counterfeit bill, check, draft, or note in the similitude of the bills or notes payable to the
bearer thereof or to the order of any person issued by or for any bank or banking
company established in this state, or within the United States, or any foreign province,
state or government, with intent to utter and pass the same or to render the same current
as true, knowing the same to be false, forged, or counterfeit, commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
831.15. Counterfeiting coin; having 10 or more such coins in possession with
intent to utter.
Whoever counterfeits any gold, silver, or any metallic money coin, current by law or
usage within this state, or has in his or her possession at the same time 10 or more pieces
of false money, or coin counterfeited in the similitude of any gold, silver or metallic coin;
current as aforesaid, knowing the same to be false and counterfeit, and with intent to utter
or pass the same as true, shall be guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
831.16. Having fewer than 10 counterfeit coins in possession with intent to utter.
Whoever has in his or her possession any number of pieces fewer than 10 of the
counterfeit coin mentioned in s. 831.15, knowing the same to be counterfeit, with intent
to utter or pass the same as true, or who utters, passes or tenders in payment as true any
such counterfeit coin, knowing the same to be false and counterfeit, commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
831.18. Making or possessing instruments for forging bills.
Whoever engraves, makes, or amends, or begins to engrave, make, or amend, any
plate, block, press, or other tool, instrument, or implement, or makes or provides any
paper or other material, adapted and designed for the making of a false and counterfeit
note, certificate, or other bill of credit, purporting to be issued by
lawful authority for a debt of this state, or a false or counterfeit note or bill, in the
similitude of the notes or bills issued by any bank or banking company established in this
state, or within the United States, or in any foreign province, state, or government; and
whoever has in his or her possession any such plate or block engraved in any part, or any
press or other tool, instrument, or any paper or other material adapted and designed as
aforesaid, with intent to issue the same, or to cause or permit the same to be used in
forging or making any such false and counterfeit certificates, bills, or notes, commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
831.19. Making or having instruments for counterfeiting coin.
Whoever casts, stamps, engraves, makes or amends, or knowingly has in his or her
possession any mould, pattern, die, puncheon, engine, press or other tool or instrument,
adapted and designed for coining or making counterfeit coin in the similitude of any gold,
silver or metallic coin, current by law or usage in this state, with intent to use or employ
the same, or to cause or to permit the same to be used or employed in coining and making
any such false and counterfeit coin as aforesaid, shall be punished by imprisonment in the
state prison not exceeding 10 years, or by fine not exceeding $1,000.
831.20. Counterfeit bills and counterfeiters’ tools to be seized.
When false, forged or counterfeit bank bills or notes, or plates, dies or other tools,
instruments or implements used by
counterfeiters, designed for the forging or making of false or counterfeit notes, coin or
bills, or worthless and uncurrent bank bills or notes described in this chapter shall come
to the knowledge of any sheriff, police officer or other officer of justice in this state, such
officer shall immediately seize and take possession of and deliver the same into the
custody of the court having jurisdiction of the offense of counterfeiting in the county, and
the court shall, as soon as the ends of justice will permit, cause the same to be destroyed
by an officer of the court who shall make return to the court of his or her doings in the
premises.
831.21. Forging or counterfeiting doctor’s certificate of examination.
Whoever falsely makes, alters, forges, or counterfeits any doctor’s certificate or
record of examination to an application for a policy of insurance, or knowing such
doctor’s certificate or record of examination to be falsely made, altered, forged, or
counterfeited, passes, utters, or publishes such certificate as true, with intent to injure or
defraud any person, commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
831.28. Counterfeiting a payment instrument; possessing a counterfeit
payment instrument; penalties.
As used in this section, the term “counterfeit” means the manufacture of or
arrangement to manufacture a payment instrument, as defined in s. 560.103, without the
permission of the financial institution, account holder, or organization whose name,
routing number, or account number appears on the payment
instrument, or the manufacture of any payment instrument with a fictitious name, routing
number, or account number.
(a) It is unlawful to counterfeit a payment instrument with the intent to defraud a
financial institution, account holder, or any other person or organization or for a person to
have any counterfeit payment instrument in such person’s possession. Any person who
violates this subsection commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
The printing of a payment instrument in the name of a person or entity or with the
routing number or account number of a person or entity without the permission of the
person or entity to manufacture or reproduce such payment instrument with such name,
routing number, or account number is prima facie evidence of intent to defraud.
This section does not apply to a law enforcement agency that produces or displays
counterfeit payment instruments for investigative or educational purposes.
831.29. Making or having instruments and material for counterfeiting
driver licenses or identification cards.
Any person who has control, custody, or possession of any plate, block, press, stone,
or other tool, instrument, or implement, or any part thereof; engraves, makes, or amends,
or begins to engrave, make, or amend, any plate, block, press, stone, or other tool,
instrument, or implement; brings into the state any such plate, block, press, stone, or
other tool, instrument, or implement, or any part thereof, in the similitude of the driver
licenses or
identification cards issued by the Department of Highway Safety and Motor Vehicles or
its duly authorized agents or those of any state or jurisdiction that issues licenses
recognized in this state for the operation of a motor vehicle or that issues identification
cards recognized in this state for the purpose of indicating a person’s true name and age;
has control, custody, or possession of or makes or provides any paper or other material
adapted and designed for the making of a false and counterfeit driver license or
identification card purporting to be issued by the Department of Highway Safety and
Motor Vehicles or its duly authorized agents or those of any state or jurisdiction that
issues licenses recognized in this state for the operation of a motor vehicle or that issues
identification cards recognized in this state for the purpose of indicating a person’s true
name and age; has in his or her possession, control, or custody any such plate or block
engraved in any part, or any press or other tool or instrument or any paper or other
material adapted and designed as aforesaid with intent to sell, issue, publish, pass, or utter
the same or to cause or permit the same to be used in forging or making any such false or
counterfeit driver license or identification card; or prints, photographs, or in any manner
makes or executes any engraved photograph, print, or impression by any process
whatsoever in the similitude of any such licenses or identification cards with the intent to
sell, issue, publish, or utter the same or to cause or permit the same to be used in forging
or making any such false and counterfeit driver license or identification card of this state
or any state or jurisdiction that issues licenses recognized in this state for the operation of
a motor vehicle or that issues identification cards recognized in this state for the purpose
of indicating a person’s true name and age is guilty of a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
831.30. Medicinal drugs; fraud in obtaining.
Whoever:
831.31. Counterfeit controlled substance; sale, manufacture,
delivery, or possession with intent to sell, manufacture, or deliver.
It is unlawful for any person to sell, manufacture, or deliver, or to possess with intent
to sell, manufacture, or deliver, a counterfeit controlled substance. Any person who
violates this subsection with respect to:
A controlled substance named or described in s. 893.03(1),
(2), (3), or (4) is guilty of a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A controlled substance named or described in s. 893.03(5) is guilty of a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s. 775.083.
For purposes of this section, “counterfeit controlled substance” means:
A controlled substance named or described in s. 893.03 which, or the container or
labeling of which, without authorization bears the trademark, trade name, or other
identifying mark, imprint, or number, or any likeness thereof, of a manufacturer other
than the person who in fact manufactured the controlled substance; or
Any substance which is falsely identified as a controlled substance named or
described in s. 893.03.
832.05. Giving worthless checks, drafts, and debit card orders; penalty;
duty of drawee; evidence; costs; complaint form.
PURPOSE.—The purpose of this section is to remedy the evil of giving checks,
drafts, bills of exchange, debit card orders, and other orders on banks without first
providing funds in or credit with the depositories on which the same are made or drawn
to pay and satisfy the same, which tends to create the circulation of worthless checks,
drafts, bills of exchange, debit card orders, and other orders on banks, bad banking, check
kiting, and a mischief to trade and commerce.
WORTHLESS CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY.—
It is unlawful for any person, firm, or corporation to draw, make, utter, issue, or
deliver to another any check, draft, or other written order on any bank or depository, or to
use a debit card, for the payment of money or its equivalent, knowing at the time of the
drawing, making, uttering, issuing, or delivering such check or draft, or at the time of
using such debit card, that the maker or drawer thereof has not sufficient funds on deposit
in or credit with such bank or depository with which to pay the same on presentation;
except that this section does not apply to any check when the payee or holder knows or
has been expressly notified prior to the drawing or uttering of the check, or has reason to
believe, that the drawer did not have on deposit or to the drawer’s credit with the drawee
sufficient funds to ensure payment as
aforesaid, nor does this section apply to any postdated check.
A violation of the provisions of this subsection constitutes a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083, unless the check, draft, debit
card order, or other written order drawn, made, uttered, issued, or delivered is in the
amount of $150, or its equivalent, or more and the payee or a subsequent holder thereof
receives something of value therefor. In that event, the violation constitutes a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
CASHING OR DEPOSITING ITEM WITH INTENT TO DEFRAUD; PENALTY.
—
It is unlawful for any person, by act or common scheme, to cash or deposit any item,
as defined in s. 674.104(1)(i), in any bank or depository with intent to defraud.
A violation of the provisions of this subsection constitutes a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
OBTAINING PROPERTY OR SERVICES IN RETURN FOR WORTHLESS
CHECKS, DRAFTS, OR DEBIT CARD ORDERS; PENALTY.—
It is unlawful for any person, firm, or corporation to obtain any services, goods,
wares, or other things of value by means of a check, draft, or other written order upon any
bank, person, firm, or corporation, knowing at the time of the making, drawing, uttering,
issuing, or delivering of such check or draft that the maker thereof has not sufficient
funds on deposit in or credit with such bank or depository with which to pay the same
upon
presentation. However, no crime may be charged in respect to the giving of any such
check or draft or other written order when the payee knows, has been expressly notified,
or has reason to believe that the drawer did not have on deposit or to the drawer’s credit
with the drawee sufficient funds to ensure payment thereof. A payee does not have reason
to believe a payor does not have sufficient funds to ensure payment of a check solely
because the payor has previously issued a worthless check to him or her.
It is unlawful for any person to use a debit card to obtain money, goods, services, or
anything else of value knowing at the time of such use that he or she does not have
sufficient funds on deposit with which to pay for the same or that the value thereof
exceeds the amount of credit which is available to him or her through an overdraft
financing agreement or prearranged line of credit which is accessible by the use of the
card.
A violation of the provisions of this subsection, if the check, draft, other written
order, or debit card order is for an amount less than $150 or its equivalent, constitutes a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A
violation of the provisions of this subsection, if the check, draft, other written order, or
debit card order is in the amount of $150, or its equivalent, or more, constitutes a felony
of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
PAYMENT NO DEFENSE.—Payment of a dishonored check, draft, bill of
exchange, or other order does not constitute a defense or ground for dismissal of charges
brought under this section.
“CREDIT,” “DEBIT CARD” DEFINED.—
The word “credit” as used herein shall be construed to mean an arrangement or
understanding with the drawee for the payment of such check, draft, or other written
order.
As used in this section, the term “debit card” means a card, code, or other device,
other than a check, draft, or similar paper instrument, by the use of which a person may
order, instruct, or authorize a financial institution to debit a demand deposit, savings
deposit, or other asset account.
REASON FOR DISHONOR, DUTY OF DRAWEE.—It is the duty of the drawee of
any check, draft, or other written order, before refusing to pay the same to the holder
thereof upon presentation, to cause to be written, printed, or stamped in plain language
thereon or attached thereto the reason for the drawee’s dishonor or refusal to pay it. In
any prosecution under this section, the introduction in evidence of any unpaid and
dishonored check, draft, or other written order having the drawee’s refusal to pay
stamped or written thereon or attached thereto, with the reason therefor as aforesaid, is
prima facie evidence of the making or uttering of such check, draft, or other written
order, of the due presentation to the drawee for payment and the dishonor thereof, and
that the same was properly dishonored for the reasons written, stamped, or attached by
the drawee on such dishonored check, draft, or other written order. As against the maker
or drawer thereof, the withdrawing from deposit with the drawee named in the check,
draft, or other written order of the funds on deposit with such drawee necessary to ensure
payment of such check, draft, or other written order upon presentation within a
reasonable time after negotiation or the drawing, making, uttering, or delivering of a
check, draft, or written order, payment of which is
refused by the drawee, is prima facie evidence of knowledge of insufficient funds in or
credit with such drawee. However, if it is determined at the trial in a prosecution
hereunder that the payee of any such check, draft, or written order, at the time of
accepting such check, draft, or written order, had knowledge of or reason to believe that
the drawer of such check, draft, or other written order did not have sufficient funds on
deposit in or credit with such drawee, then the payee instituting such criminal prosecution
shall be assessed all costs of court incurred in connection with such prosecution.
COSTS.—When a prosecution is initiated under this section before any committing
trial court judge, the party applying for the warrant shall be held liable for costs accruing
in the event the case is dismissed for want of prosecution. No costs shall be charged to
the county in such dismissed cases.
STATE ATTORNEYS; WORTHLESS CHECKS; FORM OF COMPLAINT.—The
state attorneys of Florida shall collectively promulgate a single form to be used in all
judicial circuits by persons reporting a violation of this chapter.
CONSTRUCTION; PAYEE OR HOLDER; INSUFFICIENT FUNDS.—For the
purposes of construction of this section, a payee or holder does not have knowledge,
express notification, or reason to believe that the maker or drawer has insufficient funds
to ensure payment of a check, draft, or debit card solely because the maker or drawer has
previously drawn or issued a worthless check, draft, or debit card order to the payee or
holder.
832.07. Prima facie evidence of intent; identity.
(1) INTENT.—
In any prosecution or action under this chapter, the making, drawing, uttering, or
delivery of a check, draft, or order, payment of which is refused by the drawee because of
lack of funds or credit, shall be prima facie evidence of intent to defraud or knowledge of
insufficient funds in, or credit with, such bank, banking institution, trust company, or
other depository, unless such maker or drawer, or someone for him or her, shall have paid
the holder thereof the amount due thereon, together with a service charge not to exceed
the service fees authorized under s. 832.08(5) or an amount of up to 5 percent of the face
amount of the check, whichever is greater, within 15 days after written notice has been
sent to the address printed on the check or given at the time of issuance that such check,
draft, or order has not been paid to the holder thereof, and bank fees incurred by the
holder. In the event of legal action for recovery, the maker or drawer may be additionally
liable for court costs and reasonable attorney’s fees. Notice mailed by certified or
registered mail, evidenced by return receipt, or by firstclass mail, evidenced by an
affidavit of service of mail, to the address printed on the check or given at the time of
issuance shall be deemed sufficient and equivalent to notice having been received by the
maker or drawer, whether such notice shall be returned undelivered or not. The form of
such notice shall be substantially as follows:
“You are hereby notified that a check, numbered __________, in the face amount of
$_______, issued by you on __________
(date), drawn upon __________ (name of bank), and payable to, has been dishonored.
Pursuant to Florida law, you have 15 days from the date of this notice to tender payment
of the full amount
of such check plus a service charge of $25, if the face value does not exceed $50, $30, if
the face value exceeds $50 but does not exceed $300, $40, if the face value exceeds $300,
or an amount of up to 5 percent of the face amount of the check, whichever is greater, the
total amount due being $_______ and _____ cents. Unless this amount is paid in full
within the time specified above, the holder of such check may turn over the dishonored
check and all other available information relating to this incident to the state attorney for
criminal prosecution. You may be additionally liable in a civil action for triple the
amount of the check, but in no case less than $50, together with the amount of the check,
a service charge, court costs, reasonable attorney fees, and incurred bank fees, as
provided in s. 68.065.”
Subsequent persons receiving a check, draft, or order from the original payee or a
successor endorsee have the same rights that the original payee has against the maker of
the instrument, provided such subsequent persons give notice in a substantially similar
form to that provided above. Subsequent persons providing such notice shall be immune
from civil liability for the giving of such notice and for proceeding under the forms of
such notice, so long as the maker of the instrument has the same defenses against these
subsequent persons as against the original payee. However, the remedies available under
this section may be exercised only by one party in interest.
When a check is drawn on a bank in which the maker or drawer has no account or a
closed account, it shall be presumed that such check was issued with intent to defraud,
and the notice requirement set forth in this section shall be waived.
(2) IDENTITY.—
In any prosecution or action under the provisions of this chapter, a check, draft, or order
for which the information required in paragraph (b), paragraph (d), paragraph (e), or
paragraph (f) is available at the time of issuance constitutes prima facie evidence of the
identity of the person issuing the check, draft, or order and that such person is authorized to
draw upon the named account.
To establish this prima facie evidence:
The driver license number or state identification number, specifying the state of issuance
of the person presenting the check must be written on the check; or
The following information regarding the identity of the person presenting the check must
be obtained by the person accepting such check: The presenter’s full name, residence address,
home phone number, business phone number, place of employment, sex, date of birth, and
height.
The information required in subparagraph (b)2. may be provided by either of two
methods:
The information may be recorded on the check; or
The number of a checkcashing identification card issued by the accepter of the check
may be recorded on the check. In order to be used to establish identity, such checkcashing
identification card may not be issued until the information required in subparagraph (b)2. has
been placed on file with the accepter of the check.
If a check is received by a payee through the mail or by
delivery to a representative of the payee, the prima facie evidence referred to in
paragraph (a) may be established by presenting the original contract, order, or request for
services that the check purports to pay for, bearing the signature of the person who signed
the check, or by presenting a copy of the information required in subparagraph (b)2.
which is on file with the accepter of the check together with the signature of the person
presenting the check.
If a check is received by a payee and the drawer or maker has a checkcashing
identification card on file with the payee, the prima facie evidence referred to in
paragraph (a) may be established by presenting the signature found on the checkcashing
identification card bearing the signature of the person who signed the check.
If a check is received by the Department of Revenue through the mail or by delivery
to a representative of the Department of Revenue, the prima facie evidence referred to in
paragraph (a) may be established by presenting the original tax return, certificate, license,
application for certificate or license, or other document relating to amounts owed by that
person or taxpayer which the check purports to pay for, bearing the signature of the
person who signed the check, or by presenting a copy of the information required in
subparagraph (b)2. which is on file with the accepter of the check together with the
signature of the person presenting the check. The use of taxpayer information for
purposes of establishing the identity of a person pursuant to this paragraph shall be
considered a use of such information for official purposes.
832.09. Suspension of driver license after warrant or capias is issued in
worthless check case.
The court may order the suspension or revocation of the driver license of a person
who is being prosecuted for passing a worthless check in violation of s. 832.05, who fails
to appear before the court and against whom a warrant or capias for failure to appear is
issued by the court if the person has previously been adjudicated guilty of a violation of s.
832.05.
Within 5 working days after the court orders the suspension of a driver license
pursuant to subsection (1), the clerk of the court in the county where the warrant or
capias is issued shall notify the Department of Highway Safety and Motor Vehicles by
the most efficient method available of the action of the court.
CHAPTER 836
DEFAMATION; LIBEL; THREATENING LETTERS AND
SIMILAR OFFENSES
836.01. Punishment for libel.
Any person convicted of the publication of a libel shall be guilty of a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
836.05. Threats; extortion.
836.10. Written threats to kill or do bodily injury; punishment.
Any person who writes or composes and also sends or procures the sending of any
letter, inscribed communication, or electronic communication, whether such letter or
communication be signed or anonymous, to any person, containing a threat to kill or to
do
bodily injury to the person to whom such letter or communication is sent, or a threat to
kill or do bodily injury to any member of the family of the person to whom such letter or
communication is sent commits a felony of the second degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084.
836.12. Threats.
(1) As used in this section, the term:
(a) “Family member” means:
An individual related to another individual by blood or marriage; or
An individual who stands in loco parentis to another individual.
(b) “Law enforcement officer” means:
A law enforcement officer as defined in s. 943.10; or
A federal law enforcement officer as defined in s. 901.1505.
Any person who threatens a law enforcement officer, a state attorney, an assistant
state attorney, a firefighter, a judge, or an elected official, or a family member of such
persons, with death or serious bodily harm commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
A person who commits a second or subsequent violation of subsection (2) commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
CHAPTER 837
PERJURY
837.011. Definitions.
In this chapter, unless a different meaning plainly is required:
“Official proceeding” means a proceeding heard, or which may be or is required to
be heard, before any legislative, judicial, administrative, or other governmental agency or
official authorized to take evidence under oath, including any referee, general or special
magistrate, administrative law judge, hearing officer, hearing examiner, commissioner,
notary, or other person taking testimony or a deposition in connection with any such
proceeding.
“Oath” includes affirmation or any other form of attestation required or authorized by
law by which a person acknowledges that he or she is bound in conscience or law to
testify truthfully in an official proceeding or other official matter.
“Material matter” means any subject, regardless of its admissibility under the rules of
evidence, which could affect the course or outcome of the proceeding. Whether a matter
is material in a given factual situation is a question of law.
837.012. Perjury when not in an official proceeding.
Whoever makes a false statement, which he or she does not believe to be true, under
oath, not in an official proceeding, in regard to any material matter shall be guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Knowledge of the materiality of the statement is not an element of this crime, and the
defendant’s mistaken belief that his or her statement was not material is not a defense.
837.02. Perjury in official proceedings.
Except as provided in subsection (2), whoever makes a false statement, which he or
she does not believe to be true, under oath in an official proceeding in regard to any
material matter, commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Whoever makes a false statement, which he or she does not believe to be true, under
oath in an official proceeding that relates to the prosecution of a capital felony, commits a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
Knowledge of the materiality of the statement is not an element of the crime of
perjury under subsection (1) or subsection
(2), and the defendant’s mistaken belief that the statement was not material is not a
defense.
837.021. Perjury by contradictory statements.
Except as provided in subsection (2), whoever, in one or more official proceedings,
willfully makes two or more material statements under oath which contradict each other,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
Whoever, in one or more official proceedings that relate to the prosecution of a
capital felony, willfully makes two or more
material statements under oath which contradict each other, commits a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) In any prosecution for perjury under this section:
The prosecution may proceed in a single count by setting forth the willful making of
contradictory statements under oath and alleging in the alternative that one or more of
them are false.
The question of whether a statement was material is a question of law to be
determined by the court.
It is not necessary to prove which, if any, of the contradictory statements is not true.
It is a defense that the accused believed each statement to be true at the time the
statement was made.
A person may not be prosecuted under this section for making contradictory
statements in separate proceedings if the contradictory statement made in the most recent
proceeding was made under a grant of immunity under s. 914.04; but such person may be
prosecuted under s. 837.02 for any false statement made in that most recent proceeding,
and the contradictory statements may be received against him or her upon any criminal
investigation or proceeding for such perjury.
837.05. False reports to law enforcement authorities.
(a) Except as provided in paragraph (b) or subsection (2), a person who knowingly
gives false information to a law enforcement officer concerning the alleged commission
of any crime, commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
A person who commits a violation of paragraph (a) commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person has
previously been convicted of a violation of paragraph (a) and subparagraph 1. or
subparagraph 2. applies:
The information the person gave to the law enforcement officer was communicated
orally and the officer’s account of that information is corroborated by:
a. An audio recording or audio recording in a video of that information;
b. A written or recorded statement made by the person who gave that information; or
c. Another person who was present when that person gave that information to the
officer and heard that information.
The information the person gave to the law enforcement officer was communicated
in writing.
A person who knowingly gives false information to a law enforcement officer
concerning the alleged commission of a capital felony, commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
837.055. False information to law enforcement during investigation.
Whoever knowingly and willfully gives false information to a law enforcement
officer who is conducting a missing person
investigation or a felony criminal investigation with the intent to mislead the officer or
impede the investigation commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
Whoever knowingly and willfully gives false information to a law enforcement
officer who is conducting a missing person investigation involving a child 16 years of age
or younger with the intent to mislead the officer or impede the investigation, and the child
who is the subject of the investigation suffers great bodily harm, permanent disability,
permanent disfigurement, or death, commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
837.06. False official statements.
Whoever knowingly makes a false statement in writing with the intent to mislead a
public servant in the performance of his or her official duty shall be guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
CHAPTER 838
BRIBERY; MISUSE OF PUBLIC OFFICE
838.014. Definitions.
As used in this chapter, the term:
Any officer or employee of a person, as defined in s. 1.01(3), who has entered into a
contract with a governmental entity.
(7) “Public servant” means:
Any officer or employee of a governmental entity, including any executive,
legislative, or judicial branch officer or employee;
Any person, except a witness, who acts as a general or special magistrate, receiver,
auditor, arbitrator, umpire, referee, consultant, or hearing officer while performing a
governmental function; or
A candidate for election or appointment to any of the officer positions listed in this
subsection, or an individual who has been elected to, but has yet to officially assume the
responsibilities of, public office.
“Service” means any kind of activity performed in whole or in part for economic
benefit.
838.015. Bribery.
“Bribery” means to knowingly and intentionally give, offer, or promise to any public
servant, or, if a public servant, to knowingly and intentionally request, solicit, accept, or
agree to accept for himself or herself or another, any pecuniary or other benefit not
authorized by law with an intent or purpose to influence the performance of any act or
omission which the person believes to be, or the public servant represents as being,
within the official discretion of a public servant, in violation of a
public duty, or in performance of a public duty.
Prosecution under this section shall not require any allegation or proof that the public
servant ultimately sought to be unlawfully influenced was qualified to act in the desired
way, that the public servant had assumed office, that the matter was properly pending
before him or her or might by law properly be brought before him or her, that the public
servant possessed jurisdiction over the matter, or that his or her official action was
necessary to achieve the person’s purpose.
Any person who commits bribery commits a felony of the second degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
838.016. Unlawful compensation or reward for official behavior.
It is unlawful for any person to knowingly and intentionally give, offer, or promise to
any public servant, or, if a public servant, to knowingly and intentionally request, solicit,
accept, or agree to accept, any pecuniary or other benefit not authorized by law, for the
past, present, or future performance, nonperformance, or violation of any act or omission
which the person believes to have been, or the public servant represents as having been,
either within the official discretion of the public servant, in violation of a public duty, or
in performance of a public duty. This section does not preclude a public servant from
accepting rewards for services performed in apprehending any criminal.
It is unlawful for any person to knowingly and intentionally give, offer, or promise to
any public servant, or, if a public
servant, to knowingly and intentionally request, solicit, accept, or agree to accept, any
pecuniary or other benefit not authorized by law for the past, present, or future exertion
of any influence upon or with any other public servant regarding any act or omission
which the person believes to have been, or which is represented to him or her as having
been, either within the official discretion of the other public servant, in violation of a
public duty, or in performance of a public duty.
Prosecution under this section shall not require that the exercise of influence or
official discretion, or violation of a public duty or performance of a public duty, for
which a pecuniary or other benefit was given, offered, promised, requested, or solicited
was accomplished or was within the influence, official discretion, or public duty of the
public servant whose action or omission was sought to be rewarded or compensated.
Whoever violates the provisions of this section commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
838.021. Corruption by threat against public servant.
It is unlawful to harm or threaten to harm any public servant, his or her immediate
family, or any other person with whose welfare the public servant is interested with the
intent to:
Influence the performance of any act or omission that the person believes to be, or
that the public servant represents as being, within the official discretion of the public
servant, in violation of a public duty, or in performance of a public duty.
Cause or induce the public servant to use or exert, or
procure the use or exertion of, any influence upon or with any other public servant
regarding any act or omission that the person believes to be, or that the public servant
represents as being, within the official discretion of the public servant, in violation of a
public duty, or in performance of a public duty.
Prosecution under this section shall not require any allegation or proof that the public
servant ultimately sought to be unlawfully influenced was qualified to act in the desired
way, that the public servant had assumed office, that the matter was properly pending
before him or her or might by law properly be brought before him or her, that the public
servant possessed jurisdiction over the matter, or that his or her official action was
necessary to achieve the person’s purpose.
(a) Whoever unlawfully harms any public servant or any other person with whose
welfare the public servant is interested shall be guilty of a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Whoever threatens unlawful harm to any public servant or to any other person with
whose welfare the public servant is interested shall be guilty of a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
838.022. Official misconduct.
It is unlawful for a public servant or public contractor, to knowingly and intentionally
obtain a benefit for any person or to cause unlawful harm to another, by:
Falsifying, or causing another person to falsify, any official record or official
document;
Concealing, covering up, destroying, mutilating, or altering any official record or
official document, except as authorized by law or contract, or causing another person to
perform such an act; or
Obstructing, delaying, or preventing the communication of information relating to the
commission of a felony that directly involves or affects the government entity served by
the public servant or public contractor.
(2) For the purposes of this section:
The term “public servant” does not include a candidate who does not otherwise
qualify as a public servant.
An official record or official document includes only public records.
Any person who violates this section commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
838.12. Bribery in athletic contests.
Whoever gives, promises, offers or conspires to give, promise or offer, to anyone
who participates or expects to participate in any professional or amateur game, contest,
match, race or sport; or to any umpire, referee, judge or other official of such game,
contest, match, race or sport; or to any owner, manager, coach or trainer of, or to any
relative of, or to any person having any direct, indirect, remote or possible connection
with, any team, individual, participant or prospective participant in any such professional
or amateur game, contest, match, race or
sport, or the officials aforesaid, any bribe, money, goods, present, reward or any valuable
thing whatsoever, or any promise, contract or agreement whatsoever, with intent to
influence him or her or them to lose or cause to be lost any game, contest, match, race or
sport, or to limit his or her or their or any person’s or any team’s margin of victory in any
game, contest, match, race, or sport, or to fix or throw any game, contest, match, race or
sport, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
Any participant or prospective participant in any professional or amateur game,
contest, match, race or sport; or any umpire, referee, judge or other official of such game,
contest, match, race or sport; or any owner, manager, coach or trainer of, or any relative
of, or any person having any direct, indirect, remote or possible connection with, any
team, individual, participant or prospective participant in any such professional or
amateur game, contest, match, race or sport, or the officials aforesaid; who in any way
solicits, receives or accepts, or agrees to receive or accept, or who conspires to receive or
accept, any bribe, money, goods, present, reward or any valuable thing whatsoever, or
any promise, contract or agreement whatsoever, with intent to lose or cause to be lost any
game, contest, match, race or sport, or to limit his, her, their or any person’s or any
team’s margin of victory in any game, contest, match, race or sport, or to fix or throw any
game, contest, match, race or sport, shall be guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
838.15. Commercial bribe receiving.
A person commits the crime of commercial bribe receiving if the person solicits,
accepts, or agrees to accept a benefit with intent to violate a statutory or commonlaw
duty to which that person is subject as:
An agent or employee of another;
A trustee, guardian, or other fiduciary;
A lawyer, physician, accountant, appraiser, or other professional adviser;
An officer, director, partner, manager, or other participant in the direction of the
affairs of an organization; or
An arbitrator or other purportedly disinterested adjudicator or referee.
Commercial bribe receiving is a third degree felony, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
838.16. Commercial bribery.
A person commits the crime of commercial bribery if, knowing that another is
subject to a duty described in s. 838.15(1) and with intent to influence the other person to
violate that duty, the person confers, offers to confer, or agrees to confer a benefit on the
other.
Commercial bribery is a third degree felony, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
838.21. Disclosure or use of confidential criminal justice information.
It is unlawful for a public servant, with intent to obstruct, impede, or prevent a
criminal investigation or a criminal prosecution, to disclose active criminal investigative
or intelligence information as defined in chapter 119 or to disclose or use information
regarding either the efforts to secure or the issuance of a warrant, subpoena, or other
court process or court order relating to a criminal investigation or criminal prosecution
when such information is not available to the general public and is gained by reason of
the public servant’s official position. Any person who violates this section commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
838.22. Bid tampering.
It is unlawful for a public servant or a public contractor who has contracted with a
governmental entity to assist in a competitive procurement to knowingly and
intentionally influence or attempt to influence the competitive solicitation undertaken by
any governmental entity for the procurement of commodities or services, by:
Disclosing, except as authorized by law, material information concerning a vendor’s
response, any evaluation results, or other aspects of the competitive solicitation when
such information is not publicly disclosed.
Altering or amending a submitted response, documents or other materials supporting
a submitted response, or any evaluation results relating to the competitive solicitation for
the purpose of intentionally providing a competitive advantage to any person who
submits a response.
It is unlawful for a public servant or a public contractor who has contracted with a
governmental entity to assist in a competitive procurement to knowingly and
intentionally obtain a benefit for any person or to cause unlawful harm to another by
circumventing a competitive solicitation process required by law or rule through the use
of a solesource contract for commodities or services.
It is unlawful for any person to knowingly agree, conspire, combine, or confederate,
directly or indirectly, with a public servant or a public contractor who has contracted with
a governmental entity to assist in a competitive procurement to violate subsection (1) or
subsection (2).
It is unlawful for any person to knowingly enter into a contract for commodities or
services which was secured by a public servant or a public contractor who has contracted
with a governmental entity to assist in a competitive procurement acting in violation of
subsection (1) or subsection (2).
Any person who violates this section commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
838.23. Restitution and community service.
A person who is convicted of any offense in this chapter shall be ordered by the
sentencing judge to make restitution to the victim of the offense if, after conducting a
hearing, the judge finds that the victim suffered an actual financial loss caused directly or
indirectly by the person’s offense or an actual financial loss related to the person’s
criminal episode. A person who is
convicted of any offense in this chapter shall also be ordered to perform 250 hours of
community service work. Restitution and community service work shall be in addition to
any fine or sentence that may be imposed and may not be in lieu thereof.
CHAPTER 839
OFFENSES BY PUBLIC OFFICERS AND EMPLOYEES
839.11. Extortion by officers of the state.
Any officer of this state who willfully charges, receives, or collects any greater fees
or services than the officer is entitled to charge, receive, or collect by law is guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
839.13. Falsifying records.
Except as provided in subsection (2), if any judge, justice, mayor, alderman, clerk,
sheriff, coroner, or other public officer, or employee or agent of or contractor with a
public agency, or any person whatsoever, shall steal, embezzle, alter, corruptly withdraw,
falsify or avoid any record, process, charter, gift, grant, conveyance, or contract, or any
paper filed in any judicial proceeding in any court of this state, or shall knowingly and
willfully take off, discharge or conceal any issue, forfeited recognizance, or other
forfeiture, or other paper above mentioned, or shall forge, deface, or falsify any document
or instrument recorded, or filed in any court, or any registry, acknowledgment, or
certificate, or shall fraudulently alter, deface, or falsify any minutes, documents, books,
or any proceedings whatever of or belonging to any public office within this state; or if
any person shall cause or procure any of the offenses aforesaid to be committed, or be in
anywise concerned therein, the person so offending shall be guilty of a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
(a) Any person who knowingly falsifies, alters, destroys, defaces, overwrites,
removes, or discards an official record relating to an individual in the care and custody of
a state agency, which act has the potential to detrimentally affect the health, safety, or
welfare of that individual, commits a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084. For the purposes of this paragraph, the term “care
and custody” includes, but is not limited to, a child abuse protective investigation,
protective supervision, foster care and related services, or a protective investigation or
protective supervision of a vulnerable adult, as defined in chapter 39, chapter 409, or
chapter 415.
Any person who commits a violation of paragraph (a) which contributes to great
bodily harm to or the death of an individual in the care and custody of a state agency
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084. For the purposes of this paragraph, the term “care and custody” includes,
but is not limited to, a child abuse protective investigation, protective supervision, foster
care and related services, or a protective investigation or protective supervision of a
vulnerable adult, as defined in chapter 39, chapter 409, or chapter 415.
Any person who knowingly falsifies, alters, destroys, defaces, overwrites, removes,
or discards records of the Department of Children and Families or its contract provider
with the intent to conceal a fact material to a child abuse protective investigation,
protective supervision, foster care and related services, or a protective investigation or
protective supervision of a vulnerable adult, as defined in chapter 39, chapter 409, or
chapter 415, commits a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084. Nothing in this paragraph prohibits prosecution for a violation
of paragraph (a) or paragraph (b) involving records described in this paragraph.
This section does not prohibit the disposing or archiving of records as otherwise
provided by law. In addition, this section does not prohibit any person from correcting or
updating records.
In any prosecution under this section, it shall not be necessary to prove the ownership
or value of any paper or instrument involved.
839.19. Failure to execute process generally.
Any sheriff or other officer authorized to execute process, who willfully or corruptly
refuses or neglects to execute and return, according to law, any process delivered to him
or her, shall be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
839.20. Refusal to execute criminal process.
If any officer authorized to serve process, willfully and corruptly refuses to execute
any lawful process to him or her directed and requiring him or her to apprehend and
confine any person convicted or charged with an offense, or willfully and corruptly omits
or delays to execute such process, whereby such person escapes and goes at large, the
officer shall be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
839.21. Refusal to receive prisoner.
Any jailer or other officer, who willfully refuses to receive into the jail or into her or
his custody a prisoner lawfully directed to be committed thereto on a criminal charge or
conviction, or any lawful process whatever, shall be guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
839.23. Officer taking insufficient bail.
An official who takes bail which the official knows is not sufficient, accepts a surety
she or he knows does not have the qualifications required by law, or accepts as a surety a
professional bond agent who is not registered with the clerk of the circuit court and
qualified to act as surety shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083. An official convicted of violating this
section may be removed from office by the Governor.
839.24. Penalty for failure to perform duty required of officer.
A sheriff, county court judge, prosecuting officer, court reporter, stenographer,
interpreter, or other officer required to perform any duty under the criminal procedure
law who willfully fails to perform his or her duty shall be guilty of a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083.
839.26. Misuse of confidential information.
Any public servant who, in contemplation of official action by
herself or himself or by a governmental unit with which the public servant is associated,
or in reliance on information to which she or he has access in her or his official capacity
and which has not been made public, commits any of the following acts:
Acquisition of a pecuniary interest in any property, transaction, or enterprise or
gaining of any pecuniary or other benefit which may be affected by such information or
official action;
Speculation or wagering on the basis of such information or action; or
Aiding another to do any of the foregoing,
shall be guilty of a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
CHAPTER 843
OBSTRUCTING JUSTICE
843.01. Resisting officer with violence to his or her person.
Whoever knowingly and willfully resists, obstructs, or opposes any officer as defined
in s. 943.10(1), (2), (3), (6), (7), (8), or (9); member of the Florida Commission on
Offender Review or any administrative aide or supervisor employed by the commission;
parole and probation supervisor; county probation officer; personnel or representative of
the Department of Law Enforcement; or other person legally authorized to execute
process in the execution of legal process or in the lawful execution of any legal duty, by
offering or doing violence to the person of such officer or legally authorized person, is
guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
843.02. Resisting officer without violence to his or her person.
Whoever shall resist, obstruct, or oppose any officer as defined in s. 943.10(1), (2),
(3), (6), (7), (8), or (9); member of the Florida Commission on Offender Review or any
administrative aide or supervisor employed by the commission; county probation officer;
parole and probation supervisor; personnel or representative of the Department of Law
Enforcement; or other person legally authorized to execute process in the execution of
legal process or in the lawful execution of any legal duty, without offering or doing
violence to the person of the officer, shall be guilty of a misdemeanor of the first degree,
punishable as
provided in s. 775.082 or s. 775.083.
843.021. Unlawful possession of a concealed handcuff key.
(1) As used in this section, the term:
“In custody” means any time while a person has been placed in handcuffs by a law
enforcement officer, regardless of whether such person is under formal arrest.
“Handcuff key” means any key, tool, device, implement, or other thing used,
designed, or intended to aid in unlocking or removing handcuffs.
“Concealed handcuff key” means any handcuff key carried by a person in a manner
that indicates an intent to prevent discovery of the key by a law enforcement officer,
including, but not limited to, a handcuff key carried:
In a pocket of a piece of clothing of a person, and unconnected to any key ring;
On a necklace of a person;
On the body part of a person or on any item of clothing of such person, when the
handcuff key is secured on the body part or item of clothing by use of tape, glue, line, or
other material;
In or within any compartment, seam, fold, or other encasement within any item of
clothing, belt, shoe, or jewelry of a person;
In or within any sock, hose, shoe, belt, undergarment, glove, hat, or similar item of
clothing or accessory of a person;
By a person and disguised as jewelry or other object; or
7. In or within any body cavity of a person.
Any person who possesses a concealed handcuff key commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
It is a defense to a charge of violating this section that, immediately upon being
placed in custody, the person in custody actually and effectively disclosed to the law
enforcement officer that he or she was in possession of a concealed handcuff key.
(a) It is a defense to a charge of violating this section that the person in custody and
in possession of a concealed handcuff key is:
A federal, state, or local law enforcement officer, including a reserve or auxiliary
officer, a licensed security officer, or a private investigator as defined in s. 493.6101; or
A professional bail bond agent, temporary bail bond agent, runner, or limited surety
agent as defined in s. 648.25.
However, the defense is not available to any officer, investigator, agent, or runner
listed in this subsection if the officer, investigator, agent, or runner, immediately upon
being placed in custody, fails to actually and effectively disclose possession of the
concealed handcuff key.
843.025. Depriving officer of means of protection or
communication.
It is unlawful for any person to deprive a law enforcement officer as defined in s.
943.10(1), a correctional officer as defined in s. 943.10(2), or a correctional probation
officer as defined in s.
943.10(3) of her or his weapon or radio or to otherwise deprive the officer of the means
to defend herself or himself or summon assistance. Any person who violates this section
is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
843.03. Obstruction by disguised person.
Whoever in any manner disguises himself or herself with intent to obstruct the due
execution of the law, or with the intent to intimidate, hinder, or interrupt any officer,
beverage enforcement agent, or other person in the legal performance of his or her duty
or the exercise of his or her rights under the constitution or laws of this state, whether
such intent is effected or not, shall be guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
843.06. Neglect or refusal to aid peace officers.
Whoever, being required in the name of the state by any officer of the Florida
Highway Patrol, police officer, beverage enforcement agent, or watchman, neglects or
refuses to assist him or her in the execution of his or her office in a criminal case, or in
the preservation of the peace, or the apprehending or securing of any person for a breach
of the peace, or in case of the rescue or escape of a person arrested upon civil process,
shall be guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
843.08. False personation.
A person who falsely assumes or pretends to be a firefighter,
sheriff, officer of the Florida Highway Patrol, officer of the Fish and Wildlife
Conservation Commission, fire or arson investigator of the Department of Financial
Services, officer of the Department of Financial Services, officer of the Department of
Corrections, correctional probation officer, deputy sheriff, state attorney or assistant state
attorney, statewide prosecutor or assistant statewide prosecutor, state attorney
investigator, coroner, police officer, lottery special agent or lottery investigator, beverage
enforcement agent, or watchman, or any member of the Florida Commission on Offender
Review and any administrative aide or supervisor employed by the commission, or any
personnel or representative of the Department of Law Enforcement, or a federal law
enforcement officer as defined in s. 901.1505, and takes upon himself or herself to act as
such, or to require any other person to aid or assist him or her in a matter pertaining to the
duty of any such officer, commits a felony of the third degree, punishable as provided in
s. 775.082, s. 775.083, or s. 775.084. However, a person who falsely personates any such
officer during the course of the commission of a felony commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the commission
of the felony results in the death or personal injury of another human being, the person
commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084. The term “watchman” means a security officer licensed under chapter 493.
843.081. Prohibited use of certain lights; penalty.
The Legislature finds and declares that Florida’s citizens are vulnerable to becoming
the victims of criminal acts through the illegal use of blue lights by the criminal elements.
It is the intent
of the Legislature to reduce this vulnerability to injury and loss of life and property by
prohibiting the use of certain blue lights by any person other than an authorized law
enforcement officer.
It is unlawful for a person to use in or on any nongovernmentally owned vehicle or
vessel any flashing or rotating blue light unless such person is a law enforcement officer
employed by a federal, state, county, or city law enforcement agency or is a person
appointed by the Governor pursuant to chapter 354.
The provisions of this section shall not apply to salespersons, service representatives,
or other employees of businesses licensed to sell or repair law enforcement equipment.
For the purposes of this section, the term “flashing or rotating blue light” includes all
forms of lights which display a blue light source or which were designed with the intent
of displaying a blue light source whether or not such light is actually in use.
Any person who violates any of the provisions of this section commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
843.085. Unlawful use of badges or other indicia of authority.
It is unlawful for any person, unless appointed by the Governor pursuant to chapter
354, authorized by the appropriate agency, or displayed in a closed or mounted case as a
collection or exhibit, to wear or display any authorized indicia of authority, including any
badge, insignia, emblem, identification card, or
uniform, or any colorable imitation thereof, of any federal, state, county, or municipal
law enforcement agency, or other criminal justice agency as defined in s. 943.045, with
the intent to mislead or cause another person to believe that he or she is a member of that
agency or is authorized to display or wear such item, or to wear or display any item that
displays in any manner or combination the word or words “police,” “patrolman,” “agent,”
“sheriff,” “deputy,” “trooper,” “highway patrol,” “commission officer,” “Wildlife
Officer,” “Marine Patrol Officer,” “state attorney,” “public defender,” “marshal,”
“constable,” “bailiff,” or “fire department,” with the intent to mislead or cause another
person to believe that he or she is a member of that agency or is authorized to wear or
display such item.
It is unlawful for a person to own or operate a motor vehicle marked or identified in
any manner or combination by the word or words “police,” “patrolman,” “sheriff,”
“deputy,” “trooper,” “highway patrol,” “commission officer,” “Wildlife Officer,”
“Marine Patrol Officer,” “marshal,” “constable,” “bailiff,” or “fire department,” or by any
lettering, marking, or insignia, or colorable imitation thereof, including, but not limited
to, stars, badges, or shields, officially used to identify the vehicle as a federal, state,
county, or municipal law enforcement vehicle or a vehicle used by a criminal justice
agency as defined in s. 943.045, or a vehicle used by a fire department with the intent to
mislead or cause another person to believe that such vehicle is an official vehicle of that
agency and is authorized to be used by that agency, unless such vehicle is owned or
operated by the appropriate agency and its use is authorized by such agency, or the local
law enforcement agency or fire department authorizes the use of such
vehicle, or the person is appointed by the Governor pursuant to chapter 354.
It is unlawful for a person to sell, transfer, or give away the authorized badge, or
colorable imitation thereof, including miniatures, of any criminal justice agency as
defined in s. 943.045, or bearing in any manner or combination the word or words
“police,” “patrolman,” “sheriff,” “deputy,” “trooper,” “highway patrol,” “commission
officer,” “Wildlife Officer,” “Marine Patrol Officer,” “marshal,” “constable,” “agent,”
“state attorney,” “public defender,” “bailiff,” or “fire department,” with the intent to
mislead or cause another person to believe that he or she is a member of that agency or is
authorized to wear or display such item, except for agency purchases or upon the
presentation and recordation of both a driver license and other identification showing any
transferee to actually be a member of such criminal justice agency or unless the person is
appointed by the Governor pursuant to chapter 354. A transferor of an item covered by
this subsection is required to maintain for 2 years a written record of such transaction,
including records showing compliance with this subsection, and if such transferor is a
business, it shall make such records available during normal business hours for inspection
by any law enforcement agency having jurisdiction in the area where the business is
located.
843.09. Escape through voluntary action of officer.
If a jailer or other officer voluntarily suffers a prisoner in her or his custody, upon
conviction of any criminal charge, to escape, she or he shall be guilty of a felony of the
second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
843.10. Escape by negligence of officer.
If a jailer or other officer, through negligence, suffers a prisoner in her or his custody
upon conviction of any criminal charge to escape, she or he shall be guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
843.11. Conveying tools into jail to aid escape; forcible rescue.
Whoever conveys into a jail or other like place of confinement, any disguise,
instrument, tool, weapon, or other thing adapted or useful to aid a prisoner in making his
or her escape, with intent to facilitate the escape of any prisoner there lawfully committed
or detained, or, by any means whatever, aids or assists such prisoner in his or her
endeavors to escape therefrom, whether such escape is effected or attempted or not; and
whoever forcibly rescues any
prisoner held in custody upon any conviction or charge of an offense, shall be guilty of a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084; or if the person whose escape or rescue was effected or intended, was charged
with an offense not capital nor punishable by imprisonment in the state prison, then a
person who assists a prisoner as described in this section shall be guilty of a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083; or if the prisoner
while his or her escape or rescue is being effected or attempted commits any crime with
the weapon, tool, or instrument conveyed to him or her, the person conveying the
weapon, tool, or instrument to the prisoner shall be subject to whatever fine,
imprisonment, or other punishment the law imposes for the crime committed, as an
accessory before the fact.
843.12. Aiding escape.
Whoever knowingly aids or assists a person in escaping, attempting to escape, or
who has escaped, from an officer or person who has or is entitled to the lawful custody of
such person, is guilty of a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
843.13. Aiding escape of juvenile inmates of correctional institutions.
Whoever in any manner knowingly aids or assists any inmate of any correctional
institution for boys or girls in the state to escape therefrom, or who knowingly, or having
good reason to believe that any person is an inmate of such schools and is
escaping or attempting to escape therefrom, aids or assists such inmate to make his or her
escape or to avoid detention or recapture, shall be guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
843.14. Compounding felony.
Whoever, having knowledge of the commission of an offense punishable with death
or by imprisonment in the state prison, takes money or a gratuity or reward, or an
engagement therefor, upon an agreement or understanding, expressed or implied, to
compound or conceal such offense, or not to prosecute therefor, or not to give evidence
thereof, shall when such offense of which he or she has knowledge is punishable with
death or imprisonment in the state prison for life, be guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084; and where the offense of
which he or she so had knowledge was punishable in any other manner, he or she shall be
guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
843.15. Failure of defendant on bail to appear.
Whoever, having been released pursuant to chapter 903, willfully fails to appear
before any court or judicial officer as required shall incur a forfeiture of any security
which was given or pledged for her or his release and, in addition, shall:
If she or he was released in connection with a charge of felony or while awaiting
sentence or pending review by certiorari after conviction of any offense, be guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, or;
If she or he was released in connection with a charge of misdemeanor, be guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Nothing in this section shall interfere with or prevent the exercise by any court of its
power to punish for contempt.
843.16. Unlawful to install or transport radio equipment using assigned
frequency of state or law enforcement officers; definitions; exceptions; penalties.
A person, firm, or corporation may not install or transport in any motor vehicle or
business establishment, except an emergency vehicle or crime watch vehicle as herein
defined or a place established by municipal, county, state, or federal authority for
governmental purposes, any frequency modulation radio receiving equipment so adjusted
or tuned as to receive messages or signals on frequencies assigned by the Federal
Communications Commission to police or law enforcement officers or fire rescue
personnel of any city or county of the state or to the state or any of its agencies. Provided,
nothing herein shall be construed to affect any radio station licensed by the Federal
Communications System or to affect any recognized newspaper or news publication
engaged in covering the news on a fulltime basis or any alarm system contractor
certified pursuant to part II of chapter 489, operating a central monitoring system.
As used in this section, the term:
(a) “Emergency vehicle” shall specifically mean:
Any motor vehicle used by any law enforcement officer or employee of any city, any
county, the state, the Federal Bureau of Investigation, or the Armed Forces of the United
States while on official business;
Any fire department vehicle of any city or county of the state or any state fire department
vehicle;
Any motor vehicle designated as an emergency vehicle by the Department of Highway
Safety and Motor Vehicles when said vehicle is to be assigned the use of frequencies
assigned to the state;
Any motor vehicle designated as an emergency vehicle by the sheriff or fire chief of any
county in the state when said vehicle is to be assigned the use of frequencies assigned to the
said county;
Any motor vehicle designated as an emergency vehicle by the chief of police or fire chief
of any city in the state when said vehicle is to be assigned the use of frequencies assigned to
the said city.
“Crime watch vehicle” means any motor vehicle used by any person participating in a
citizen crime watch or neighborhood watch program when such program and use are
approved in writing by the appropriate sheriff or chief of police where the vehicle will be
used and the vehicle is assigned the use of frequencies assigned to the county or city. Such
approval shall be renewed annually.
(3) This section does not apply to the following:
Any holder of a valid amateur radio operator or station
license issued by the Federal Communications Commission.
Any recognized newspaper or news publication engaged in covering the news on a
fulltime basis.
Any alarm system contractor certified pursuant to part II of chapter 489, operating a
central monitoring system.
Any sworn law enforcement officer as defined in s. 943.10 or emergency service
employee as defined in s. 496.404 while using personal transportation to and from work.
An employee of a government agency that holds a valid Federal Communications
Commission station license or that has a valid agreement or contract allowing access to
another agency’s radio station.
Any person, firm, or corporation violating any of the provisions of this section
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
843.165. Unauthorized transmissions to and interference with
governmental and associated radio frequencies prohibited; penalties;
exceptions.
A person may not transmit or cause to be transmitted over any radio frequency with
knowledge that such frequency is assigned by the Federal Communications Commission
to a state, county, or municipal governmental agency or water management district,
including, but not limited to, a law enforcement, fire, government administration, or
emergency management agency or any public or private emergency medical services
provider, any sounds, jamming device, jamming transmissions, speech, or radio
frequency carrier wave except: those persons who are authorized in writing to do so by
the agency’s chief administrator; employees of the agency who are authorized to transmit
by virtue of their duties with the agency; and those persons holding a valid station license
assigned by the Federal Communications Commission to transmit on such frequencies.
A person may not knowingly obstruct, jam, or interfere with radio transmissions
made by volunteer communications personnel of any state, county, or municipal
governmental agency, water management district, volunteers of any public or private
emergency medical services provider, or volunteers in any established Skywarn program
when the volunteers are providing communications support upon request of the
governmental agency during tests, drills, field operations, or emergency events.
Any person who violates this section commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
It is lawful for any person to transmit or cause to be transmitted speech or sounds
over any authorized transmitter operating on frequencies specified in subsection (1) when
the person:
Has been commanded to do so by an authorized operator of the transmitter;
Is acting to summon assistance for the authorized operator who, for any reason, is
unable to make the transmission; or
Is a radio technician or installer who is testing, repairing, or installing radio
equipment at the request of a state, county, or
municipal governmental agency, water management district, or licensed public or private
emergency medical services provider.
843.167. Unlawful use of police communications; enhanced penalties.
(1) A person may not:
Intercept any police radio communication by use of a scanner or any other means for
the purpose of using that communication to assist in committing a crime or to escape
from or avoid detection, arrest, trial, conviction, or punishment in connection with the
commission of such crime.
Divulge the existence, contents, substance, purport, effect, or meaning of a police
radio communication to any person he or she knows to be a suspect in the commission of
a crime with the intent that the suspect may escape from or avoid detention, arrest, trial,
conviction, or punishment.
Any person who is charged with a crime and who, during the time such crime was
committed, possessed or used a police scanner or similar device capable of receiving
police radio transmissions is presumed to have violated paragraph (1)(a).
The penalty for a crime that is committed by a person who violates paragraph (1)(a)
shall be enhanced as follows:
A misdemeanor of the second degree shall be punished as if it were a misdemeanor
of the first degree.
A misdemeanor of the first degree shall be punished as if it were a felony of the third
degree.
A felony of the third degree shall be punished as if it were a felony of the second
degree.
A felony of the second degree shall be punished as if it were a felony of the first
degree.
A felony of the first degree shall be punished as if it were a life felony.
Any person who violates paragraph (1)(b) commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
843.18. Boats; fleeing or attempting to elude a law enforcement
officer.
It is unlawful for the operator of any boat plying the waters of the state, having
knowledge that she or he has been directed to stop such vessel by a duly authorized law
enforcement officer, willfully to refuse or fail to stop in compliance with such directive
or, having stopped in knowing compliance with such a directive, willfully to flee in an
attempt to elude such officer. Any person violating this section is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any violation of this section with respect to any vessel shall constitute such vessel as
contraband which may be seized by a law enforcement agency and which shall be subject
to forfeiture pursuant to ss. 932.701932.704.
843.19. Offenses against police dogs, fire dogs, SAR dogs, or police horses.
(1) As used in this section, the term:
“Police dog” means any dog, and “police horse” means any horse, that is owned, or
the service of which is employed, by a law enforcement agency for the principal purpose
of aiding in the detection of criminal activity, enforcement of laws, or apprehension of
offenders.
“Fire dog” means any dog that is owned, or the service of which is employed, by a
fire department, a special fire district, or the State Fire Marshal for the principal purpose
of aiding in the detection of flammable materials or the investigation of fires.
“SAR dog” means any search and rescue dog that is owned, or the service of which is
utilized, by a fire department, a law enforcement agency, a special fire district, or the
State Fire Marshal for the principal purpose of aiding in the detection of missing persons,
including, but not limited to, persons who are lost, who are trapped under debris as the
result of a natural, manmade, or technological disaster, or who are drowning victims.
Any person who intentionally and knowingly, without lawful cause or justification,
causes great bodily harm, permanent disability, or death to, or uses a deadly weapon
upon, a police dog, fire dog, SAR dog, or police horse commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who actually and intentionally maliciously touches, strikes, or causes
bodily harm to a police dog, fire dog, SAR dog, or police horse commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Any person who intentionally or knowingly maliciously harasses, teases, interferes
with, or attempts to interfere with a police dog, fire dog, SAR dog, or police horse while
the animal is in the performance of its duties commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
A person convicted of an offense under this section shall make restitution for injuries
caused to the police dog, fire dog, SAR dog, or police horse and shall pay the
replacement cost of the animal if, as a result of the offense, the animal can no longer
perform its duties.
843.20. Harassment of participant of neighborhood crime watch program
prohibited; penalty; definitions.
It shall be a misdemeanor of the first degree, punishable as provided in s. 775.082 or
s. 775.083, for any person to willfully harass, threaten, or intimidate an identifiable
member of a neighborhood crime watch program while such member is engaged in, or
traveling to or from, an organized neighborhood crime watch program activity or a
member who is participating in an ongoing criminal investigation, as designated by a law
enforcement officer.
As used in this section, the term:
“Harass” means to engage in a course of conduct directed at a specific person which
causes substantial emotional distress in that person and serves no legitimate purpose.
“Organized neighborhood crime watch program activity” means any prearranged
event, meeting, or other scheduled activity, or neighborhood patrol, conducted by or at
the direction
of a neighborhood crime watch program or the program’s authorized designee.
843.21. Depriving crime victim of medical care.
A person who takes custody of or exercises control over a person he or she knows to
be injured as a result of criminal activity and deprives that person of medical care with
the intent to avoid, delay, hinder, or obstruct any investigation of the criminal activity
contributing to the injury commits:
If the victim’s medical condition worsens as a result of the deprivation of medical
care, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
If deprivation of medical care contributes or results in the death of the victim, a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
843.22. Traveling across county lines with intent to commit
burglary.
As used in this section, the term:
“County of residence” means the county within this state in which a person resides.
Evidence of a person’s county of residence includes, but is not limited to:
The address on a person’s driver license or state identification card;
Records of real property or mobile home ownership;
Records of a lease agreement for residential property;
The county in which a person’s motor vehicle is registered;
The county in which a person is enrolled in an educational institution; and
The county in which a person is employed.
“Burglary” means burglary as defined in s. 810.02, including an attempt, solicitation,
or conspiracy to commit such offense.
If a person who commits a burglary travels any distance with the intent to commit the
burglary in a county in this state other than the person’s county of residence, the degree
of the burglary shall be reclassified to the next higher degree if the purpose of the
person’s travel is to thwart law enforcement attempts to track the items stolen in the
burglary. For purposes of sentencing under chapter 921 and determining incentive gain
time eligibility under chapter 944, a burglary that is reclassified under this section is
ranked one level above the ranking specified in s. 921.0022 or s. 921.0023 for the
burglary committed.
843.23. Tampering with an electronic monitoring device.
As used in this section, the term “electronic monitoring device” includes any device
that is used to track the location of a person.
It is unlawful for a person to intentionally and without authority:
Remove, destroy, alter, tamper with, damage, or circumvent the operation of an
electronic monitoring device that must be worn or used by that person or another person
pursuant to a court
order or pursuant to an order by the Florida Commission on Offender Review; or
Request, authorize, or solicit a person to remove, destroy, alter, tamper with, damage,
or circumvent the operation of an electronic monitoring device required to be worn or
used pursuant to a court order or pursuant to an order by the Florida Commission on
Offender Review.
A person who violates this section commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
CHAPTER 847
OBSCENITY
847.001. Definitions.
As used in this chapter, the term:
“Adult” means a person 18 years of age or older.
“Adult entertainment establishment” means the following terms as defined:
“Adult bookstore” means any corporation, partnership, or business of any kind which
restricts or purports to restrict admission only to adults, which has as part of its stock
books, magazines, other periodicals, videos, discs, or other graphic media and which
offers, sells, provides, or rents for a fee any sexually oriented material.
“Adult theater” means an enclosed building or an enclosed space within a building
used for presenting either films, live plays, dances, or other performances that are
distinguished or characterized by an emphasis on matter depicting, describing, or relating
to specific sexual activities for observation by patrons, and which restricts or purports to
restrict admission only to adults.
“Special Cabaret” means any business that features persons who engage in specific
sexual activities for observation by patrons, and which restricts or purports to restrict
admission only to adults.
“Unlicensed massage establishment” means any business or enterprise that offers,
sells, or provides, or that holds itself out as offering, selling, or providing, massages that
include bathing,
physical massage, rubbing, kneading, anointing, stroking, manipulating, or other tactile
stimulation of the human body by either male or female employees or attendants, by hand
or by any electrical or mechanical device, on or off the premises. The term “unlicensed
massage establishment” does not include an establishment licensed under s. 480.043
which routinely provides medical services by statelicensed health care practitioners and
massage therapists licensed under s. 480.041.
“Child pornography” means any image depicting a minor engaged in sexual conduct.
“Computer” means an electronic, magnetic, optical, electrochemical, or other high
speed data processing device performing logical, arithmetic, or storage functions and
includes any data storage facility or communications facility directly related to or
operating in conjunction with such device. The term also includes: any online service,
Internet service, or local bulletin board; any electronic storage device, including a floppy
disk or other magnetic storage device; or any compact disc that has readonly memory
and the capacity to store audio, video, or written materials.
“Deviate sexual intercourse” means sexual conduct between persons not married to
each other consisting of contact between the penis and the anus, the mouth and the penis,
or the mouth and the vulva.
“Harmful to minors” means any reproduction, imitation, characterization,
description, exhibition, presentation, or representation, of whatever kind or form,
depicting nudity, sexual conduct, or sexual excitement when it:
Predominantly appeals to a prurient, shameful, or morbid interest;
Is patently offensive to prevailing standards in the adult community as a whole with
respect to what is suitable material or conduct for minors; and
Taken as a whole, is without serious literary, artistic, political, or scientific value for
minors.
A mother’s breastfeeding of her baby is not under any circumstance “harmful to
minors.”
“Masochism” means sexual gratification achieved by a person through, or the
association of sexual activity with, submission or subjection to physical pain, suffering,
humiliation, torture, or death.
“Minor” means any person under the age of 18 years.
“Nudity” means the showing of the human male or female genitals, pubic area, or
buttocks with less than a fully opaque covering; or the showing of the female breast with
less than a fully opaque covering of any portion thereof below the top of the nipple; or
the depiction of covered male genitals in a discernibly turgid state. A mother’s
breastfeeding of her baby does not under any circumstance constitute “nudity,”
irrespective of whether or not the nipple is covered during or incidental to feeding.
“Obscene” means the status of material which:
The average person, applying contemporary community standards, would find, taken
as a whole, appeals to the prurient interest;
Depicts or describes, in a patently offensive way, sexual conduct as specifically
defined herein; and
Taken as a whole, lacks serious literary, artistic, political, or scientific value.
A mother’s breastfeeding of her baby is not under any circumstance “obscene.”
(11) “Person” includes individuals, children, firms, associations, joint ventures,
partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all
other groups or combinations.
“Sadism” means sexual gratification achieved through, or the association of sexual
activity with, the infliction of physical pain, suffering, humiliation, torture, or death upon
another person or an animal.
“Sadomasochistic abuse” means flagellation or torture by or upon a person or animal,
or the condition of being fettered, bound, or otherwise physically restrained, for the
purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic
violence, from inflicting harm on another or receiving such harm oneself.
“Sexual battery” means oral, anal, or vaginal penetration by, or union with, the
sexual organ of another or the anal or vaginal penetration of another by any other object;
however, “sexual battery” does not include an act done for a bona fide medical purpose.
“Sexual bestiality” means any sexual act, actual or simulated, between a person and
an animal involving the sex
organ of the one and the mouth, anus, or vagina of the other.
Acts of human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or any
excretory function, or representation thereof.
The fondling or erotic touching of human genitals, the pubic region, the buttocks, or
the female breasts.
Less than completely and opaquely covered:
Human genitals or the pubic region.
Buttocks.
Female breasts below the top of the areola.
Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
847.002. Child pornography prosecutions.
Provide case information to the Child Victim Identification Program, as required by
the National Center for Missing and Exploited Children guidelines, in any case where the
law enforcement officer identifies a previously unidentified victim of child pornography.
Any law enforcement officer submitting a case for prosecution which involves the
production, promotion, or possession of child pornography shall submit to the designated
prosecutor the law enforcement agency contact information provided by the Child Victim
Identification Program at the National Center for Missing and Exploited Children, for any
images or movies involved in the case which contain the depiction of an identified victim
of child pornography as defined in s. 960.03.
In every filed case involving an identified victim of child pornography, as defined in
s. 960.03, the prosecuting agency shall enter the following information into the Victims
in Child Pornography Tracking Repeat Exploitation database maintained by the Office of
the Attorney General:
The case number and agency file number.
The named defendant.
The circuit court division and county.
Current court dates and the status of the case.
Contact information for the prosecutor assigned.
Verification that the prosecutor is or is not in possession of a victim impact statement
and will use the statement in sentencing.
847.011. Prohibition of certain acts in connection with obscene, lewd,
etc., materials; penalty.
(a) Except as provided in paragraph (c), any person who knowingly sells, lends, gives
away, distributes, transmits, shows, or transmutes, or offers to sell, lend, give away,
distribute, transmit, show, or transmute, or has in his or her possession, custody, or
control with intent to sell, lend, give away, distribute, transmit, show, transmute, or
advertise in any manner, any obscene book, magazine, periodical, pamphlet, newspaper,
comic book, story paper, written or printed story or article, writing, paper, card, picture,
drawing, photograph, motion picture film, figure, image, phonograph record, or wire or
tape or other recording, or any written, printed, or recorded matter of any such character
which may or may not require mechanical or other means to be transmuted into auditory,
visual, or sensory representations of such character, or any article or instrument for
obscene use, or purporting to be for obscene use or purpose; or who knowingly designs,
copies, draws, photographs, poses for, writes, prints, publishes, or in any manner
whatsoever manufactures or prepares any such material, matter, article, or thing of any
such character; or who knowingly writes, prints, publishes, or utters, or causes to be
written, printed, published, or uttered, any advertisement or notice of any kind, giving
information, directly or indirectly, stating, or purporting to state, where, how, of whom,
or by what means any, or what purports to be any, such material, matter, article, or thing
of any such character can be purchased, obtained, or had; or who in any manner
knowingly hires, employs, uses, or permits any person knowingly to do or assist in doing
any act or thing mentioned
above, commits a misdemeanor of the first degree, punishable as provided in s. 775.082
or s. 775.083. A person who, after having been convicted of a violation of this subsection,
thereafter violates any of its provisions, commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
The knowing possession by any person of three or more identical or similar
materials, matters, articles, or things coming within the provisions of paragraph (a) is
prima facie evidence of the violation of the paragraph.
A person who commits a violation of paragraph (a) or subsection (2) which is based
on materials that depict a minor engaged in any act or conduct that is harmful to minors
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
A person’s ignorance of a minor’s age, a minor’s misrepresentation of his or her age,
a bona fide belief of a minor’s age, or a minor’s consent may not be raised as a defense in
a prosecution for one or more violations of paragraph (a) or subsection (2).
Except as provided in paragraph (1)(c), a person who knowingly has in his or her
possession, custody, or control any obscene book, magazine, periodical, pamphlet,
newspaper, comic book, story paper, written or printed story or article, writing, paper,
card, picture, drawing, photograph, motion picture film, film, any sticker, decal, emblem
or other device attached to a motor vehicle containing obscene descriptions, photographs,
or depictions, any figure, image, phonograph record, or wire or tape or other recording, or
any written, printed, or recorded matter of
any such character which may or may not require mechanical or other means to be
transmuted into auditory, visual, or sensory representations of such character, or any
article or instrument for obscene use, or purporting to be for obscene use or purpose,
without intent to sell, lend, give away, distribute, transmit, show, transmute, or advertise
the same, commits a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083. A person who, after having been convicted of violating this
subsection, thereafter violates any of its provisions commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083. In any prosecution for such
possession, it is not necessary to allege or prove the absence of such intent.
No person shall as a condition to a sale, allocation, consignment, or delivery for
resale of any paper, magazine, book, periodical, or publication require that the purchaser
or consignee receive for resale any other article, paper, magazine, book, periodical, or
publication reasonably believed by the purchaser or consignee to be obscene, and no
person shall deny or threaten to deny or revoke any franchise or impose or threaten to
impose any penalty, financial or otherwise, by reason of the failure of any person to
accept any such article, paper, magazine, book, periodical, or publication, or by reason of
the return thereof. Whoever violates this subsection is guilty of a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
order provided for by paragraph (b), and there shall be no liability on the part of the state
or the state attorney or the municipality or its attorney for costs or for damages sustained
by reason of such restraining order in any case where a final decree is rendered in favor
of the person sought to be enjoined.
Every person who has possession, custody, or control of, or otherwise deals with, any
of the materials, matters, articles, or things described in this section, after the service
upon him or her of a summons and complaint in an action for injunction brought under
this subsection, is chargeable with knowledge of the contents and character thereof.
The several sheriffs and state attorneys shall vigorously enforce this section within
their respective jurisdictions.
This section shall not apply to the exhibition of motion picture films permitted by s.
847.013.
847.012. Harmful materials; sale or distribution to minors or using minors in
production prohibited; penalty.
As used in this section, “knowingly” means having the general knowledge of, reason
to know, or a belief or ground for belief which warrants further inspection or inquiry of
both:
The character and content of any material described in this section which is
reasonably susceptible of examination by the defendant; and
The age of the minor.
A person’s ignorance of a minor’s age, a minor’s misrepresentation of his or her age,
a bona fide belief of a minor’s
age, or a minor’s consent may not be raised as a defense in a prosecution for a violation
of this section.
A person may not knowingly sell, rent, or loan for monetary consideration to a
minor:
Any picture, photograph, drawing, sculpture, motion picture film, videocassette, or
similar visual representation or image of a person or portion of the human body which
depicts nudity or sexual conduct, sexual excitement, sexual battery, bestiality, or
sadomasochistic abuse and which is harmful to minors; or
Any book, pamphlet, magazine, printed matter however reproduced, or sound
recording that contains any matter defined in s. 847.001, explicit and detailed verbal
descriptions or narrative accounts of sexual excitement, or sexual conduct and that is
harmful to minors.
A person may not knowingly use a minor in the production of any material described
in subsection (3), regardless of whether the material is intended for distribution to minors
or is actually distributed to minors.
An adult may not knowingly distribute to a minor on school property, or post on
school property, any material described in subsection (3). As used in this subsection, the
term “school property” means the grounds or facility of any kindergarten, elementary
school, middle school, junior high school, or secondary school, whether public or
nonpublic. This subsection does not apply to the distribution or posting of school
approved instructional materials that by design serve as a major tool for assisting in the
instruction of a subject or course by school officers, instructional personnel,
administrative personnel, school
volunteers, educational support employees, or managers as those terms are defined in s.
1012.01.
Any person violating any provision of this section commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Every act, thing, or transaction forbidden by this section constitutes a separate
offense and is punishable as such.
(a) The circuit court has jurisdiction to enjoin a violation of this section upon
complaint filed by the state attorney in the name of the state upon the relation of such
state attorney.
After the filing of such a complaint, the judge to whom it is presented may grant an
order restraining the person complained of until final hearing or further order of the court.
Whenever the relator state attorney requests a judge of such court to set a hearing upon an
application for a restraining order, the judge shall set the hearing for a time within 3 days
after the making of the request. The order may not be made unless the judge is satisfied
that sufficient notice of the application therefor has been given to the party restrained of
the time when and place where the application for the restraining order is to be made.
The person sought to be enjoined is entitled to a trial of the issues within 1 day after
joinder of issue, and a decision shall be rendered by the court within 2 days after the
conclusion of the trial.
If a final decree of injunction is entered, it must contain a provision directing the
defendant having the possession, custody, or control of the materials, matters, articles, or
things affected by
the injunction to surrender the same to the sheriff and requiring the sheriff to seize and
destroy the same. The sheriff shall file a certificate of her or his compliance.
In any action brought as provided in this section, a bond or undertaking may not be
required of the state or the state attorney before the issuance of a restraining order
provided for by paragraph (b), and the state or the state attorney may not be held liable
for costs or for damages sustained by reason of the restraining order in any case where a
final decree is rendered in favor of the person sought to be enjoined.
Every person who has possession, custody, or control of, or otherwise deals with, any
of the materials, matters, articles, or things described in this section, after the service
upon her or him of a summons and complaint in an action for injunction brought under
this section, is chargeable with knowledge of the contents and character thereof.
The several sheriffs and state attorneys shall vigorously enforce this section within
their respective jurisdictions.
This section does not apply to the exhibition of motion pictures, shows,
presentations, or other representations regulated under s. 847.013.
847.0125. Retail display of materials harmful to minors prohibited.
“KNOWINGLY” DEFINED.—As used in this section, “knowingly” means having
general knowledge of, reason to know, or a belief or ground for belief which warrants
further inspection or inquiry of both:
The character and content of any material described herein which is reasonably
susceptible of examination by the defendant, and
The age of the minor; however, an honest mistake shall constitute an excuse from
liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true
age of such minor.
(2) OFFENSES AND PENALTIES.—
It is unlawful for anyone offering for sale in a retail establishment open to the general
public any book, magazine, or other printed material, the cover of which depicts material
which is harmful to minors, to knowingly exhibit such book, magazine, or material in such
establishment in such a way that it is on open display to, or within the convenient reach of,
minors who may frequent the retail establishment. Such items shall, however, be displayed,
either individually or collectively, behind an opaque covering which conceals the book,
magazine, or other printed material.
It is unlawful for anyone offering for sale in a retail establishment open to the general
public any book, magazine, or other printed material, the content of which exploits, is
devoted to, or is principally made up of descriptions or depictions of material which is
harmful to minors, to knowingly exhibit such book, magazine, or material in such
establishment in such a way that it is within the convenient reach of minors who may frequent
the retail establishment.
A violation of any provision of this section constitutes a misdemeanor of the first degree,
punishable as provided in s.
775.082 or s. 775.083.
847.013. Exposing minors to harmful motion pictures, exhibitions,
shows, presentations, or representations.
“KNOWINGLY” DEFINED.—As used in this section “knowingly” means having
general knowledge of, reason to know, or a belief or ground for belief which warrants
further inspection or inquiry of both:
The character and content of any motion picture described herein which is reasonably
susceptible of examination by the defendant, or the character of any exhibition,
presentation, representation, or show described herein, other than a motion picture show,
which is reasonably susceptible of being ascertained by the defendant; and
The age of the minor.
A person may not knowingly exhibit for a monetary consideration to a minor or
knowingly sell or rent a videotape of a motion picture to a minor or knowingly sell to a
minor an admission ticket or pass or knowingly admit a minor for a monetary
consideration to premises whereon there is exhibited a motion picture, exhibition, show,
representation, or other presentation which, in whole or in part, depicts nudity, sexual
conduct, sexual excitement, sexual battery, bestiality, or sadomasochistic abuse and
which is harmful to minors.
A person may not knowingly rent or sell, or loan to a minor for monetary
consideration, a videocassette or a videotape of a motion picture, or similar presentation,
which, in whole or in part, depicts nudity, sexual conduct, sexual excitement, sexual
battery, bestiality, or sadomasochistic abuse and which is harmful to minors.
The provisions of paragraph (a) do not apply to a minor when the minor is
accompanied by his or her parents or either of them.
A minor may not falsely represent to the owner of any premises mentioned in
paragraph (a), or to the owner’s agent, or to any person mentioned in paragraph (b), that
the minor is 17 years of age or older, with the intent to procure the minor’s admission to
such premises, or the minor’s purchase or rental of a videotape, for a monetary
consideration.
A person may not knowingly make a false representation to the owner of any
premises mentioned in paragraph (a), or to the owner’s agent, or to any person mentioned
in paragraph (b), that he or she is the parent of any minor or that any minor is 17 years of
age or older, with intent to procure the minor’s admission to the premises or to aid the
minor in procuring admission thereto, or to aid or enable the minor’s purchase or rental of
a videotape, for a monetary consideration.
A violation of any provision of this subsection constitutes a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
(4) INJUNCTIVE PROCEEDINGS.—
The circuit court has jurisdiction to enjoin a threatened violation of subsection (2)
upon complaint filed by the state attorney in the name of the state upon the relation of
such state attorney.
After the filing of such a complaint, the judge to whom it is presented may grant an
order restraining the person or persons complained of until final hearing or further order
of the court. Whenever the relator requests a judge of the court to set a hearing upon an
application for a restraining order, the judge shall set the hearing for a time within 3 days
after the making of the request. An order may not be made unless the judge is satisfied
that sufficient notice of the application therefor has been given to the person or persons
restrained of the time when and place where the application for the restraining order is to
be heard. However, the notice shall be dispensed with when it is manifest to the judge,
from the allegations of a sworn complaint or independent affidavit, sworn to by the
relator or by some person associated with him or her in the field of law enforcement and
filed by the relator, that the apprehended violation will be committed if an immediate
remedy is not afforded.
The person or persons sought to be enjoined are entitled to a trial of the issues within
1 day after joinder of issue, and a decision shall be rendered by the court within 2 days
after the conclusion of the trial.
In any action brought as provided in this section, a bond or undertaking is not
required of the state or the relator state attorney before the issuance of a restraining order
provided for by this
section, and there is no liability on the part of the state or the relator state attorney for
costs or damages sustained by reason of such restraining order in any case in which a
final decree is rendered in favor of the person or persons sought to be enjoined.
Every person who has possession, custody, or control of, or otherwise deals with, any
motion picture, exhibition, show, representation, or presentation described in this section,
after the service upon him or her of a summons and complaint in an action for injunction
brought under this section, is chargeable with knowledge of the contents or character
thereof.
LEGISLATIVE INTENT.—In order to make the application and enforcement of this
section uniform throughout the state, it is the intent of the Legislature to preempt the
field, to the exclusion of counties and municipalities, insofar as it concerns exposing
persons under 17 years of age to harmful motion pictures, exhibitions, shows,
representations, presentations, and commercial or sexual exploitation. To that end, it is
hereby declared that every county ordinance and every municipal ordinance adopted prior
to July 1, 1969, and relating to such subject shall stand abrogated and unenforceable on
and after such date and that no county, municipality, or consolidated countymunicipal
government shall have the power to adopt any ordinance relating to that subject on or
after such effective date.
847.0133. Protection of minors; prohibition of certain acts in connection with
obscenity; penalty.
A person may not knowingly sell, rent, loan, give away, distribute, transmit, or show
any obscene material to a minor. For purposes of this section “obscene material” means
any obscene
book, magazine, periodical, pamphlet, newspaper, comic book, story paper, written or
printed story or article, writing paper, card, picture, drawing, photograph, motion picture
film, figure, image, videotape, videocassette, phonograph record, or wire or tape or other
recording, or any written, printed, or recorded matter of any such character which may or
may not require mechanical or other means to be transmuted into auditory, visual, or
sensory representations of such character, or any article or instrument for obscene use, or
purporting to be for obscene use or purpose. The term “obscene” has the same meaning
as set forth in s. 847.001.
As used in this section “knowingly” has the same meaning set forth in s. 847.012(1).
A “minor” is any person under the age of 18 years.
A violation of the provisions of this section constitutes a felony of the third degree,
punishable as provided in s. 775.082 or s. 775.083.
847.0134. Prohibition of adult entertainment establishment that displays, sells,
or distributes materials harmful to minors within 2,500 feet of a school.
Except for those establishments that are legally operating or have been granted a
permit from a local government to operate as adult entertainment establishments on or
before July 1, 2001, an adult entertainment establishment that sells, rents, loans,
distributes, transmits, shows, or exhibits any obscene material, as described in s.
847.0133, or presents live entertainment or a motion picture, slide, or other exhibit that,
in whole or in part, depicts nudity, sexual conduct, sexual excitement, sexual battery,
sexual bestiality, or sadomasochistic abuse and that is harmful to
minors, as described in s. 847.001, may not be located within 2,500 feet of the real
property that comprises a public or private elementary school, middle school, or
secondary school unless the county or municipality approves the location under
proceedings as provided in s. 125.66(4) for counties or s. 166.041(3)(c) for
municipalities.
A violation of this section constitutes a felony of the third degree, punishable as
provided in s. 775.082 or s. 775.083.
847.0135. Computer pornography; prohibited computer usage; traveling
to meet minor; penalties.
SHORT TITLE.—This section shall be known and may be cited as the “Computer
Pornography and Child Exploitation Prevention Act.”
COMPUTER PORNOGRAPHY.—A person who:
Knowingly compiles, enters into, or transmits by use of computer;
Makes, prints, publishes, or reproduces by other computerized means;
Knowingly causes or allows to be entered into or transmitted by use of computer; or
Buys, sells, receives, exchanges, or disseminates,
or with any minor, or the visual depiction of such conduct, commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The fact that an
undercover operative or law enforcement officer was involved in the detection and
investigation of an offense under this section shall not constitute a defense to a
prosecution under this section.
CERTAIN USES OF COMPUTER SERVICES OR DEVICES PROHIBITED.—
Any person who knowingly uses a computer online service, Internet service, local
bulletin board service, or any other device capable of electronic data storage or
transmission to:
Seduce, solicit, lure, or entice, or attempt to seduce, solicit, lure, or entice, a child or
another person believed by the person to be a child, to commit any illegal act described in
chapter 794, chapter 800, or chapter 827, or to otherwise engage in any unlawful sexual
conduct with a child or with another person believed by the person to be a child; or
Solicit, lure, or entice, or attempt to solicit, lure, or entice a parent, legal guardian, or
custodian of a child or a person believed to be a parent, legal guardian, or custodian of a
child to consent to the participation of such child in any act described in chapter 794,
chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,
commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. Any person who, in violating this subsection, misrepresents his or
her age, commits a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. Each separate use of a computer online
service, Internet service, local bulletin board service, or any other device capable of
electronic data storage or transmission wherein an offense described in this section is
committed may be charged as a separate offense.
TRAVELING TO MEET A MINOR.—Any person who travels any distance either
within this state, to this state, or from this state by any means, who attempts to do so, or
who causes another to do so or to attempt to do so for the purpose of engaging in any
illegal act described in chapter 794, chapter 800, or chapter 827, or to otherwise engage
in other unlawful sexual conduct with a child or with another person believed by the
person to be a child after using a computer online service, Internet service, local bulletin
board service, or any other device capable of electronic data storage or transmission to:
Seduce, solicit, lure, or entice or attempt to seduce, solicit, lure, or entice a child or
another person believed by the person to be a child, to engage in any illegal act described
in chapter 794, chapter 800, or chapter 827, or to otherwise engage in other unlawful
sexual conduct with a child; or
Solicit, lure, or entice or attempt to solicit, lure, or entice a parent, legal guardian, or
custodian of a child or a person believed to be a parent, legal guardian, or custodian of a
child to consent to the participation of such child in any act described in chapter 794,
chapter 800, or chapter 827, or to otherwise engage in any sexual conduct,
commits a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
(5) CERTAIN COMPUTER TRANSMISSIONS
PROHIBITED.—
(a) A person who:
Intentionally masturbates;
Intentionally exposes the genitals in a lewd or lascivious manner; or
Intentionally commits any other sexual act that does not involve actual physical or
sexual contact with the victim, including, but not limited to, sadomasochistic abuse,
sexual bestiality, or the simulation of any act involving sexual activity
live over a computer online service, Internet service, or local bulletin board service
and who knows or should know or has reason to believe that the transmission is viewed
on a computer or television monitor by a victim who is less than 16 years of age, commits
lewd or lascivious exhibition in violation of this subsection. The fact that an undercover
operative or law enforcement officer was involved in the detection and investigation of
an offense under this subsection shall not constitute a defense to a prosecution under this
subsection.
An offender 18 years of age or older who commits a lewd or lascivious exhibition
using a computer commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
An offender less than 18 years of age who commits a lewd or lascivious exhibition
using a computer commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A mother’s breastfeeding of her baby does not under any circumstance constitute a
violation of this subsection.
OWNERS OR OPERATORS OF COMPUTER SERVICES LIABLE.—It is
unlawful for any owner or operator of a computer online service, Internet service, or local
bulletin board service knowingly to permit a subscriber to use the service to commit a
violation of this section. Any person who violates this section commits a misdemeanor of
the first degree, punishable by a fine not exceeding $2,000.
STATE CRIMINAL JURISDICTION.—A person is subject to prosecution in this
state pursuant to chapter 910 for any conduct proscribed by this section which the person
engages in, while either within or outside this state, if by such conduct the person
commits a violation of this section involving a child, a child’s guardian, or another person
believed by the person to be a child or a child’s guardian.
EFFECT OF PROSECUTION.—Prosecution of any person for an offense under this
section shall not prohibit prosecution of that person in this state or another jurisdiction for
a violation of any law of this state, including a law providing for greater penalties than
prescribed in this section or any other crime punishing the sexual performance or the
sexual exploitation of children.
847.0137. Transmission of pornography by electronic device or equipment
prohibited; penalties.
(1) For purposes of this section:
“Minor” means any person less than 18 years of age.
“Transmit” means the act of sending and causing to be delivered any image,
information, or data from one or more persons or places to one or more other persons or
places over or through any medium, including the Internet, by use of any electronic
equipment or device.
Notwithstanding ss. 847.012 and 847.0133, any person in this state who knew or
reasonably should have known that he or she was transmitting child pornography, as
defined in s. 847.001, to another person in this state or in another jurisdiction commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than
this state who knew or reasonably should have known that he or she was transmitting
child pornography, as defined in s. 847.001, to any person in this state commits a felony
of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
This section shall not be construed to prohibit prosecution of a person in this state or
another jurisdiction for a violation of any law of this state, including a law providing for
greater penalties than prescribed in this section, for the transmission of child
pornography, as defined in s. 847.001, to any person in this state.
A person is subject to prosecution in this state pursuant to chapter 910 for any act or
conduct proscribed by this section, including a person in a jurisdiction other than this
state, if the act or conduct violates subsection (3).
The provisions of this section do not apply to subscriptionbased transmissions such
as list servers.
847.0138. Transmission of material harmful to minors to a minor by electronic
device or equipment prohibited; penalties.
(1) For purposes of this section:
“Known by the defendant to be a minor” means that the defendant had actual
knowledge or believed that the recipient of the communication was a minor.
“Transmit” means to send to a specific individual known by the defendant to be a
minor via electronic mail.
Notwithstanding ss. 847.012 and 847.0133, any person who knew or believed that he
or she was transmitting an image, information, or data that is harmful to minors, as
defined in s. 847.001, to a specific individual known by the defendant to be a minor
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
Notwithstanding ss. 847.012 and 847.0133, any person in any jurisdiction other than
this state who knew or believed that he or she was transmitting an image, information, or
data that is harmful to minors, as defined in s. 847.001, to a specific individual known by
the defendant to be a minor commits a felony of the third degree, punishable as provided
in s. 775.082, s.
775.083, or s. 775.084.
The provisions of this section do not apply to subscriptionbased transmissions such
as list servers.
847.0139. Immunity from civil liability for reporting child pornography,
transmission of child pornography, or any image, information, or data harmful
to minors to a minor in this state.
Any person who reports to a law enforcement officer what the person reasonably
believes to be child pornography, transmission of child pornography, or any image,
information, or data that is harmful to minors to a minor in this state may not be held
civilly liable for such reporting. For purposes of this section, such reporting may include
furnishing the law enforcement officer with any image, information, or data that the
person reasonably believes to be evidence of child pornography, transmission of child
pornography, or an image, information, or data that is harmful to minors to a minor in
this state.
847.0141. Sexting; prohibited acts; penalties.
A minor commits the offense of sexting if he or she knowingly:
Uses a computer, or any other device capable of electronic data transmission or
distribution, to transmit or distribute to another minor any photograph or video of any
person which depicts nudity, as defined in s. 847.001(9), and is harmful to minors, as
defined in s. 847.001(6).
Possesses a photograph or video of any person that was
transmitted or distributed by another minor which depicts nudity, as defined in s.
847.001(9), and is harmful to minors, as defined in s. 847.001(6). A minor does not
violate this paragraph if all of the following apply:
The minor did not solicit the photograph or video.
The minor took reasonable steps to report the photograph or video to the minor’s
legal guardian or to a school or law enforcement official.
The minor did not transmit or distribute the photograph or video to a third party.
(a) The transmission or distribution of multiple photographs or videos prohibited by
paragraph (1)(a) is a single offense if the photographs or videos were transmitted or
distributed within the same 24hour period.
The possession of multiple photographs or videos that were transmitted or distributed
by a minor prohibited by paragraph (1)
is a single offense if the photographs or videos were transmitted or distributed by a minor
in the same 24hour period.
(3) A minor who violates subsection (1):
Commits a noncriminal violation for a first violation. The minor must sign and accept
a citation indicating a promise to appear before the juvenile court. In lieu of appearing in
court, the minor may complete 8 hours of community service work, pay a $60 civil
penalty, or participate in a cybersafety program if such a program is locally available.
The minor must satisfy any penalty within 30 days after receipt of the citation.
A citation issued to a minor under this subsection must be in a form prescribed by the
issuing law enforcement agency, must be signed by the minor, and must contain all of the
following:
a. The date and time of issuance.
b. The name and address of the minor to whom the citation is issued.
c. A thumbprint of the minor to whom the citation is issued.
d. Identification of the noncriminal violation and the time it was committed.
e. The facts constituting reasonable cause.
f. The specific section of law violated.
g. The name and authority of the citing officer.
h. The procedures that the minor must follow to contest the citation, perform the
required community service, pay the civil penalty, or participate in a cybersafety
program.
If the citation is contested and the court determines that the minor committed a
noncriminal violation under this section, the court may order the minor to perform 8
hours of community service, pay a $60 civil penalty, or participate in a cybersafety
program, or any combination thereof.
A minor who fails to comply with the citation waives his or her right to contest it,
and the court may impose any of the penalties identified in subparagraph 2. or issue an
order to show cause. Upon a finding of contempt, the court may impose additional age
appropriate penalties, which may include issuance
of an order to the Department of Highway Safety and Motor Vehicles to withhold
issuance of, or suspend the driver license or driving privilege of, the minor for 30
consecutive days. However, the court may not impose incarceration.
Commits a misdemeanor of the first degree for a violation that occurs after the minor
has been found to have committed a noncriminal violation for sexting or has satisfied the
penalty imposed in lieu of a court appearance as provided in paragraph (a), punishable as
provided in s. 775.082 or s. 775.083.
Commits a felony of the third degree for a violation that occurs after the minor has
been found to have committed a misdemeanor of the first degree for sexting, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
This section does not prohibit the prosecution of a minor for a violation of any law of
this state if the photograph or video that depicts nudity also includes the depiction of
sexual conduct or sexual excitement, and does not prohibit the prosecution of a minor for
stalking under s. 784.048.
As used in this section, the term “found to have committed” means a determination
of guilt that is the result of a plea or trial, or a finding of delinquency that is the result of
a plea or an adjudicatory hearing, regardless of whether adjudication is withheld.
Eighty percent of all civil penalties received by a juvenile court pursuant to this
section shall be remitted by the clerk of the court to the county commission to provide
training on cybersafety for minors. The remaining 20 percent shall remain with the clerk
of the court to defray administrative costs.
847.0145. Selling or buying of minors; penalties.
Any parent, legal guardian, or other person having custody or control of a minor who
sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise
transfer custody of such minor, either:
With knowledge that, as a consequence of the sale or transfer, the minor will be
portrayed in a visual depiction engaging in, or assisting another person to engage in,
sexually explicit conduct; or
With intent to promote either:
The engaging in of sexually explicit conduct by such minor for the purpose of
producing any visual depiction of such conduct; or
The rendering of assistance by the minor to any other person to engage in sexually
explicit conduct for the purpose of producing any visual depiction of such conduct;
shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Whoever purchases or otherwise obtains custody or control of a minor, or offers to
purchase or otherwise obtain custody or control of a minor, either:
With knowledge that, as a consequence of the purchase or obtaining of custody, the
minor will be portrayed in a visual depiction engaging in, or assisting another person to
engage in, sexually explicit conduct;
With intent to promote either:
The engaging in of sexually explicit conduct by such minor for the purpose of
producing any visual depiction of such conduct; or
The rendering of assistance by the minor to any other person to engage in sexually
explicit conduct for the purpose of producing any visual depiction of such conduct;
shall be guilty of a felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
847.0147. Obscene telephone service prohibited; penalty.
It is unlawful for any telephone subscriber to sell, offer for sale, or transmit, over
telephone lines, any obscene material or message described and promoted as “adult” and
of a nature which is commonly understood to be for the purposes of sexually oriented
entertainment.
Any person who violates the provisions of this section is guilty of a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
847.02. Confiscation of obscene material.
Whenever anyone is convicted under s. 847.011, the court in awarding sentence shall
make an order confiscating said obscene material and authorize the sheriff of the county
in which the material is held to destroy the same. The sheriff shall file with the court a
certificate of his or her compliance.
847.03. Officer to seize obscene material.
Whenever any officer arrests any person charged with any
offense under s. 847.011, the officer shall seize said obscene material and take the same
into his or her custody to await the sentence of the court upon the trial of the offender.
847.06. Obscene matter; transportation into state prohibited;
penalty.
Whoever knowingly transports into the state or within the state for the purpose of
sale or distribution any obscene book; magazine; periodical; pamphlet; newspaper; comic
book; story; paper; written or printed story or article; writing; paper; card; picture;
drawing; photograph; motion picture film; figure; image; phonograph record, or wire or
tape or other recording, or other article capable of producing sound; or any other matter
of obscene character shall be guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
When any person is convicted of a violation of this section, the court in its judgment
of conviction may, in addition to the penalty prescribed, order the confiscation and
disposal of such items described herein which were found in the possession or under the
immediate control of such person at the time of his or her arrest.
847.07. Wholesale promotion of obscene materials; penalties.
As used in this section, “wholesale promote” means to manufacture, issue, sell,
provide, deliver, transfer, transmit, publish, distribute, circulate, or disseminate, or offer
or agree to do the same, with or without consideration, for purposes of resale or
redistribution.
Any person who knowingly wholesale promotes any obscene matter or performance,
or in any manner knowingly hires, employs, uses, or permits any person to wholesale
promote or assist in wholesale promoting any obscene matter or performance, is guilty of
a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
No person shall, as a condition to sale, allocation, consignment, or delivery for resale
of any matter or performance, require that the purchaser or consignee receive for resale
any other matter or performance reasonably believed by the purchaser or consignee to be
obscene; and no person shall deny or revoke any franchise, or threaten to do so, or
impose or threaten to impose any penalty, financial or otherwise, by reason of the refusal
or failure of any person to accept any such matter or by reason of the return thereof.
Whoever violates this subsection is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
847.08. Hearings for determination of probable cause.
Whenever an indictment, information, or affidavit is filed under the provisions of ss.
847.07847.09, the state attorney or his or her duly appointed assistant may apply to the
court for the issuance of an order directing the defendant or his or her principal agent or
bailee or other like person to produce the allegedly obscene materials at a time and place
so designated by the court for the purpose of determining whether there is probable cause
to believe said material is obscene. After hearing the parties on the issue, if the court
determines probable cause exists, it may order the material held by the clerk of the court
pending further order of the
court. This section shall not be construed to prohibit the seizure of obscene materials by
any other lawful means.
847.09. Legislative intent.
Nothing in ss. 847.07847.09 shall be construed to repeal or in any way supersede the
provisions of s. 847.011, s. 847.012, or s. 847.013.
Nothing herein shall be construed to limit the free exercise of free speech or
picketing by any organization, group, or individual for the purpose of upholding
community standards.
847.202. Video movie; official rating of motion picture.
(1) As used in this section, the term:
849.01. Keeping gambling houses, etc.
Whoever by herself or himself, her or his servant, clerk or agent, or in any other
manner has, keeps, exercises or maintains a gaming table or room, or gaming implements
or apparatus, or house, booth, tent, shelter or other place for the purpose of gaming or
gambling or in any place of which she or he may directly or indirectly have charge,
control or management, either exclusively or with others, procures, suffers or permits any
person to play for money or other valuable thing at any game whatever, whether
heretofore prohibited or not, shall be guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
849.02. Agents or employees of keeper of gambling house.
Whoever acts as servant, clerk, agent, or employee of any person in the violation of s.
849.01 shall be punished in the manner and to the extent therein mentioned.
849.03. Renting house for gambling purposes.
Whoever, whether as owner or agent, knowingly rents to another a house, room,
booth, tent, shelter or place for the purpose of gaming shall be punished in the manner
and to the extent mentioned in s. 849.01.
849.04. Permitting minors and persons under guardianship to gamble.
The proprietor, owner, or keeper of any E. O., keno or pool table, or billiard table,
wheel of fortune, or other game of chance kept for the purpose of betting, who willfully
and knowingly allows a minor or person who is mentally incompetent or under
guardianship to play at such game or to bet on such game of chance; or whoever aids or
abets or otherwise encourages such playing or betting of any money or other valuable
thing upon the result of such game of chance by a minor or person who is mentally
incompetent or under guardianship, commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. For the purpose of this section, the term
“person who is mentally incompetent” means a person who because of mental illness,
intellectual disability, senility, excessive use of drugs or alcohol, or other mental
incapacity is incapable of managing his or her property or caring for himself or herself or
both.
849.05. Prima facie evidence.
If any of the implements, devices or apparatus commonly used in games of chance in
gambling houses or by gamblers, are found in any house, room, booth, shelter or other
place it shall be prima facie evidence that the said house, room, booth, shelter or other
place where the same are found is kept for the purpose of gambling.
849.07. Permitting gambling on billiard or pool table by holder of license.
If any holder of a license to operate a billiard or pool table shall permit any person to
play billiards or pool or any other game for
money, or any other thing of value, upon such tables, she or he shall be deemed guilty of
a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
849.08. Gambling.
Whoever plays or engages in any game at cards, keno, roulette, faro or other game of
chance, at any place, by any device whatever, for money or other thing of value, shall be
guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083.
849.085. Certain pennyante games not crimes; restrictions.
“Pennyante game” means a game or series of games of poker, pinochle, bridge,
rummy, canasta, hearts, dominoes, or mahjongg in which the winnings of any player in a
single round, hand, or game do not exceed $10 in value.
“Dwelling” means residential premises owned or rented by a participant in a penny
ante game and occupied by such participant or the common elements or common areas of
a condominium, cooperative, residential subdivision, or mobile home park of which a
participant in a pennyante game is a unit owner, or the facilities of an organization which
is taxexempt under s. 501(c)(7) of the Internal Revenue Code. The term “dwelling” also
includes a college dormitory room or the common
recreational area of a college dormitory or a publicly owned community center owned by
a municipality or county.
A pennyante game is subject to the following restrictions:
(a) The game must be conducted in a dwelling.
A person may not receive any consideration or commission for allowing a pennyante
game to occur in his or her dwelling.
A person may not directly or indirectly charge admission or any other fee for
participation in the game.
A person may not solicit participants by means of advertising in any form, advertise
the time or place of any pennyante game, or advertise the fact that he or she will be a
participant in any pennyante game.
A pennyante game may not be conducted in which any participant is under 18 years
of age.
A debt created or owed as a consequence of any pennyante game is not legally
enforceable.
The conduct of any pennyante game within the common elements or common area
of a condominium, cooperative, residential subdivision, or mobile home park or the
conduct of any pennyante game within the dwelling of an eligible organization as
defined in subsection (2) or within a publicly owned community center owned by a
municipality or county creates no civil liability for damages arising from the pennyante
game on the part of a condominium association, cooperative association, a homeowners’
association as defined in s. 720.301, mobile home owners’ association, dwelling owner,
or
municipality or county or on the part of a unit owner who was not a participant in the
game.
849.09. Lottery prohibited; exceptions.
(1) It is unlawful for any person in this state to:
Set up, promote, or conduct any lottery for money or for anything of value;
Dispose of any money or other property of any kind whatsoever by means of any
lottery;
Conduct any lottery drawing for the distribution of a prize or prizes by lot or chance,
or advertise any such lottery scheme or device in any newspaper or by circulars, posters,
pamphlets, radio, telegraph, telephone, or otherwise;
Aid or assist in the setting up, promoting, or conducting of any lottery or lottery
drawing, whether by writing, printing, or in any other manner whatsoever, or be
interested in or connected in any way with any lottery or lottery drawing;
Attempt to operate, conduct, or advertise any lottery scheme or device;
Have in her or his possession any lottery wheel, implement, or device whatsoever for
conducting any lottery or scheme for the disposal by lot or chance of anything of value;
Sell, offer for sale, or transmit, in person or by mail or in any other manner
whatsoever, any lottery ticket, coupon, or share, or any share in or fractional part of any
lottery ticket, coupon, or share, whether such ticket, coupon, or share represents an
interest
in a live lottery not yet played or whether it represents, or has represented, an interest in a
lottery that has already been played;
Have in her or his possession any lottery ticket, or any evidence of any share or right
in any lottery ticket, or in any lottery scheme or device, whether such ticket or evidence
of share or right represents an interest in a live lottery not yet played or whether it
represents, or has represented, an interest in a lottery that has already been played;
Aid or assist in the sale, disposal, or procurement of any lottery ticket, coupon, or
share, or any right to any drawing in a lottery;
Have in her or his possession any lottery advertisement, circular, poster, or pamphlet,
or any list or schedule of any lottery prizes, gifts, or drawings; or
Have in her or his possession any socalled “run down sheets,” tally sheets, or other
papers, records, instruments, or paraphernalia designed for use, either directly or
indirectly, in, or in connection with, the violation of the laws of this state prohibiting
lotteries and gambling.
Provided, that nothing in this section shall prohibit participation in any nationally
advertised contest, drawing, game or puzzle of skill or chance for a prize or prizes unless
it can be construed as a lottery under this section; and, provided further, that this
exemption for national contests shall not apply to any such contest based upon the
outcome or results of any horserace, harness race, dograce, or jai alai game.
Any person who is convicted of violating any of the
provisions of paragraph (a), paragraph (b), paragraph (c), or paragraph (d) of subsection
(1) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Any person who is convicted of violating any of the provisions of paragraph (e),
paragraph (f), paragraph (g), paragraph (i), or paragraph (k) of subsection (1) is guilty of
a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Any person who, having been convicted of violating any provision thereof, thereafter
violates any provision thereof is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. The provisions of this section do not
apply to bingo as provided for in s. 849.0931.
Any person who is convicted of violating any of the provisions of paragraph (h) or
paragraph (j) of subsection (1) is guilty of a misdemeanor of the first degree, punishable
as provided in s. 775.082 or s. 775.083. Any person who, having been convicted of
violating any provision thereof, thereafter violates any provision thereof is guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
849.091. Chain letters, pyramid clubs, etc., declared a lottery;
prohibited; penalties.
The organization of any chain letter club, pyramid club, or other group organized or
brought together under any plan or device whereby fees or dues or anything of material
value to be paid or given by members thereof are to be paid or given to any
other member thereof, which plan or device includes any provision for the increase in
such membership through a chain process of new members securing other new members
and thereby advancing themselves in the group to a position where such members in turn
receive fees, dues, or things of material value from other members, is hereby declared to
be a lottery, and whoever shall participate in any such lottery by becoming a member of,
or affiliating with, any such group or organization or who shall solicit any person for
membership or affiliation in any such group or organization commits a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s. 775.083.
A “pyramid sales scheme,” which is any sales or marketing plan or operation
whereby a person pays a consideration of any kind, or makes an investment of any kind,
in excess of $100 and acquires the opportunity to receive a benefit or thing of value
which is not primarily contingent on the volume or quantity of goods, services, or other
property sold in bona fide sales to consumers, and which is related to the inducement of
additional persons, by himself or herself or others, regardless of number, to participate in
the same sales or marketing plan or operation, is hereby declared to be a lottery, and
whoever shall participate in any such lottery by becoming a member of or affiliating
with, any such group or organization or who shall solicit any person for membership or
affiliation in any such group or organization commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083. For purposes of this subsection, the
term “consideration” and the term “investment” do not include the purchase of goods or
services furnished at cost for use in making sales, but not for resale, or time and effort
spent in
the pursuit of sales or recruiting activities.
849.10. Printing lottery tickets, etc., prohibited.
Except as otherwise provided by law, it is unlawful for any person, in any house,
office, shop or building in this state to write, typewrite, print, or publish any lottery ticket
or advertisement, circular, bill, poster, pamphlet, list or schedule, announcement or
notice, of lottery prizes or drawings or any other matter or thing in any way connected
with any lottery drawing, scheme or device, or to set up any type or plate for any such
purpose, to be used or distributed in this state, or to be sent out of this state.
Except as otherwise provided by law, it is unlawful for the owner or lessee of any
such house, shop or building knowingly to permit the printing, typewriting, writing or
publishing therein of any lottery ticket or advertisement, circular, bill, poster, pamphlet,
list, schedule, announcement or notice of lottery prizes or drawings, or any other matter
or thing in any way connected with any lottery drawing, scheme or device, or knowingly
to permit therein the setting up of any type or plate for any such purpose to be used or
distributed in this state, or to be sent out of the state.
Nothing in this chapter shall make unlawful the printing or production of any
advertisement or any lottery ticket for a lottery conducted in any other state or nation
where such lottery is not prohibited by the laws of such state or nation, or the sale of such
materials by the manufacturer thereof to any person or entity conducting or participating
in the conduct of such a lottery in any other state or nation. This section does not
authorize any advertisement within Florida relating to lotteries of any other state or
nation, or the sale or resale within Florida of such lottery
tickets, chances, or shares to individuals, or any other acts otherwise in violation of any
laws of the state.
Any violation of this section shall be a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
849.11. Plays at games of chance by lot.
Whoever sets up, promotes or plays at any game of chance by lot or with dice, cards,
numbers, hazards or any other gambling device whatever for, or for the disposal of
money or other thing of value or under the pretext of a sale, gift or delivery thereof, or for
any right, share or interest therein, shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
849.14. Unlawful to bet on result of trial or contest of skill, etc.
Whoever stakes, bets or wagers any money or other thing of value upon the result of
any trial or contest of skill, speed or power or endurance of human or beast, or whoever
receives in any manner whatsoever any money or other thing of value staked, bet or
wagered, or offered for the purpose of being staked, bet or wagered, by or for any other
person upon any such result, or whoever knowingly becomes the custodian or depositary
of any money or other thing of value so staked, bet, or wagered upon any such result, or
whoever aids, or assists, or abets in any manner in any of such acts all of which are
hereby forbidden, shall be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
849.141. Bowling tournaments exempted from chapter.
“Bowling tournament” means a contest in which participants engage in the sport of
bowling, wherein a heavy ball is bowled along a bowling lane in an attempt to knock
over bowling pins, 10 in number, set upright at the far end of the lane, according to
specified regulations and rules of the American Bowling Congress, the Womens
International Bowling Congress, or the Bowling Proprietors Association of America.
“Bowling center” means a place of business having at least 12 bowling lanes on the
premises which are operated for the entertainment of the general public for the purpose of
engaging in the sport of bowling.
849.15. Manufacture, sale, possession, etc., of slot machines or devices
prohibited.
(1) It is unlawful:
To manufacture, own, store, keep, possess, sell, rent, lease, let on shares, lend or give
away, transport, or expose for sale or lease, or to offer to sell, rent, lease, let on shares,
lend or give away, or permit the operation of, or for any person to permit to be placed,
maintained, or used or kept in any room, space, or building owned, leased or occupied by
the person or under the
person’s management or control, any slot machine or device or any part thereof; or
To make or to permit to be made with any person any agreement with reference to
any slot machine or device, pursuant to which the user thereof, as a result of any element
of chance or other outcome unpredictable to him or her, may become entitled to receive
any money, credit, allowance, or thing of value or additional chance or right to use such
machine or device, or to receive any check, slug, token or memorandum entitling the
holder to receive any money, credit, allowance or thing of value.
(2) [Intentionally omitted.]
849.16. Machines or devices which come within provisions of law defined.
As used in this chapter, the term “slot machine or device” means any machine or
device or system or network of devices that is adapted for use in such a way that, upon
activation, which may be achieved by, but is not limited to, the insertion of any piece of
money, coin, account number, code, or other object or information, such device or system
is directly or indirectly caused to operate or may be operated and if the user, whether by
application of skill or by reason of any element of chance or any other outcome
unpredictable by the user, may:
Receive or become entitled to receive any piece of money, credit, allowance, or thing
of value, or any check, slug, token, or memorandum, whether of value or otherwise,
which may be exchanged for any money, credit, allowance, or thing of value or which
may be given in trade; or
Secure additional chances or rights to use such machine, apparatus, or device, even
though the device or system may be available for free play or, in addition to any element
of chance or unpredictable outcome of such operation, may also sell, deliver, or present
some merchandise, indication of weight, entertainment, or other thing of value. The term
“slot machine or device” includes, but is not limited to, devices regulated as slot
machines pursuant to chapter 551.
This chapter may not be construed, interpreted, or applied to the possession of a
reverse vending machine. As used in this section, the term “reverse vending machine”
means a machine into which empty beverage containers are deposited for recycling and
which provides a payment of money, merchandise, vouchers, or other incentives. At a
frequency less than upon the deposit of each beverage container, a reverse vending
machine may pay out a random incentive bonus greater than that guaranteed payment in
the form of money, merchandise, vouchers, or other incentives. The deposit of any empty
beverage container into a reverse vending machine does not constitute consideration, and
a reverse vending machine may not be deemed a slot machine as defined in this section.
There is a rebuttable presumption that a device, system, or network is a prohibited
slot machine or device if it is used to display images of games of chance and is part of a
scheme involving any payment or donation of money or its equivalent and awarding
anything of value.
849.17. Confiscation of machines by arresting officer.
Upon the arrest of any person charged with the violation of any
of the provisions of ss. 849.15849.23 the arresting officer shall take into his or her
custody any such machine, apparatus or device, and its contents, and the arresting
agency, at the place of seizure, shall make a complete and correct list and inventory of all
such things so taken into his or her custody, and deliver to the person from whom such
article or articles may have been seized, a true copy of the list of all such articles. The
arresting agency shall retain all evidence seized and shall have the same forthcoming at
any investigation, prosecution or other proceedings, incident to charges of violation of
any of the provisions of ss. 849.15849.23.
849.23. Penalty for violations of ss. 849.15849.22.
Whoever shall violate any of the provisions of ss. 849.15849.22 shall, upon
conviction thereof, be guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083. Any person convicted of violating any provision of
ss.
849.15849.22, a second time shall, upon conviction thereof, be guilty of a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person
violating any provision of ss. 849.15849.22 after having been twice convicted already
shall be deemed a “common offender,” and shall be guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
849.231. Gambling devices; manufacture, sale, purchase or possession
unlawful.
Except in instances when the following described implements or apparatus are being
held or transported by authorized persons for the purpose of destruction, as hereinafter
provided, and except in instances when the following described instruments or apparatus
are being held, sold, transported, or manufactured by persons who have registered with
the United States Government pursuant to the provisions of Title 15 of the United States
Code, ss. 1171 et seq., as amended, so long as the described implements or apparatus are
not displayed to the general public, sold for use in Florida, or held or manufactured in
contravention of the requirements of 15 U.S.C. ss. 1171 et seq., it shall be unlawful for
any person to manufacture, sell, transport, offer for sale, purchase, own, or have in his or
her possession any roulette wheel or table, faro layout, crap table or layout, chemin de fer
table or layout, chuckaluck wheel, bird cage such as used for gambling, bolita balls,
chips with house markings, or any other device, implement, apparatus, or paraphernalia
ordinarily or commonly used or designed to be used in the operation of gambling houses
or establishments, excepting ordinary dice and playing cards.
In addition to any other penalties provided for the violation of this section, any
occupational license held by a person found guilty of violating this section shall be
suspended for a period not to exceed 5 years.
This section and s. 849.05 do not apply to a vessel of foreign registry or a vessel
operated under the authority of a country except the United States, while docked in this
state or transiting in the territorial waters of this state.
849.232. Property right in gambling devices; confiscation.
There shall be no right of property in any of the implements or devices enumerated or
included in s. 849.231 and upon the seizure
of any such implement, device, apparatus or paraphernalia by an authorized enforcement
officer the same shall be delivered to and held by the clerk of the court having
jurisdiction of such offenses and shall not be released by such clerk until he or she shall
be advised by the prosecuting officer of such court that the said implement is no longer
required as evidence and thereupon the said clerk shall deliver the said implement to the
sheriff of the county who shall immediately cause the destruction of such implement in
the presence of the said clerk or his or her authorized deputy.
849.233. Penalty for violation of s. 849.231.
849.235. Possession of certain gambling devices; defense.
(a) The term “bookmaking” means the act of taking or receiving, while engaged in
the business or profession of gambling, any bet or wager upon the result of any trial or
contest of skill, speed, power, or endurance of human, beast, fowl, motor vehicle, or
mechanical apparatus or upon the result of any chance, casualty, unknown, or contingent
event whatsoever.
The following factors shall be considered in making a determination that a person has
engaged in the offense of bookmaking:
Taking advantage of betting odds created to produce a profit for the bookmaker or
charging a percentage on accepted wagers.
Placing all or part of accepted wagers with other bookmakers to reduce the chance of
financial loss.
Taking or receiving more than five wagers in any single day.
Taking or receiving wagers totaling more than $500 in any single day, or more than
$1,500 in any single week.
Engaging in a common scheme with two or more persons to take or receive wagers.
Taking or receiving wagers on both sides on a contest at the identical point spread.
Any other factor relevant to establishing that the operating procedures of such person
are commercial in nature.
The existence of any two factors listed in paragraph (b) may constitute prima facie
evidence of a commercial bookmaking
operation.
849.36. Seizure and forfeiture of property used in the violation of
lottery and gambling statutes.
Every vessel or vehicle used for, or in connection with, the
removal, transportation, storage, deposit, or concealment of any lottery tickets, or used in
connection with any lottery or game in violation of the statutes and laws of this state,
shall be subject to seizure and forfeiture, as provided by the Florida Contraband
Forfeiture Act.
All gambling paraphernalia and lottery tickets as herein defined used in connection
with a lottery, gambling, unlawful game of chance or hazard, in violation of the statutes
and laws of this state, found by an officer in searching a vessel or vehicle used in the
violation of the gambling laws shall be safely kept so long as it is necessary for the
purpose of being used as evidence in any case, and as soon as may be afterwards, shall be
destroyed by order of the court before whom the case is brought or certified to any other
court having jurisdiction, either state or federal.
The presence of any lottery ticket in any vessel or vehicle owned or being operated
by any person charged with a violation of the gambling laws of the state, shall be prima
facie evidence that such vessel or vehicle was or is being used in connection with a
violation of the lottery and gambling statutes and laws of this state and as a means of
removing, transporting, depositing, or concealing lottery tickets and shall be sufficient
evidence for the seizure of such vessel or vehicle.
The presence of lottery tickets in any room or place, including vessels and vehicles,
shall be prima facie evidence that such room, place, vessel, or vehicle, and all apparatus,
implements, machines, contrivances, or devices therein, (herein referred to as “gambling
paraphernalia”) capable of being used in connection with a violation of the lottery and
gambling statutes and laws of this state and shall be sufficient evidence for the
seizure of such gambling paraphernalia.
It shall be the duty of every peace officer in this state finding any vessel, vehicle, or
paraphernalia being used in violation of the statutes and laws of this state as aforesaid to
seize and take possession of such property for disposition as hereinafter provided. It shall
also be the duty of every peace officer finding any such property being so used, in
connection with any lawful search made by her or him, to seize and take possession of
the same for disposition as hereinafter provided.
CHAPTER 856
DRUNKENNESS; OPEN HOUSE PARTIES; LOITERING;
PROWLING; DESERTION
856.011. Disorderly intoxication.
No person in the state shall be intoxicated and endanger the safety of another person
or property, and no person in the state shall be intoxicated or drink any alcoholic
beverage in a public place or in or upon any public conveyance and cause a public
disturbance.
Any person violating the provisions of this section shall be guilty of a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Any person who shall have been convicted or have forfeited collateral under the
provisions of subsection (1) three times in the preceding 12 months shall be deemed a
habitual offender and may be committed by the court to an appropriate treatment resource
for a period of not more than 60 days. Any peace officer, in lieu of incarcerating an
intoxicated person for violation of subsection (1), may take or send the intoxicated person
to her or his home or to a public or private health facility, and the law enforcement officer
may take reasonable measures to ascertain the commercial transportation used for such
purposes is paid for by such person in advance. Any law enforcement officers so acting
shall be considered as carrying out their official duty.
856.015. Open house parties.
(1) Definitions.—As used in this section:
“Alcoholic beverage” means distilled spirits and any beverage containing 0.5 percent
or more alcohol by volume. The percentage of alcohol by volume shall be determined in
accordance with the provisions of s. 561.01(4)(b).
“Control” means the authority or ability to regulate, direct, or dominate.
“Drug” means a controlled substance, as that term is defined in ss. 893.02(4) and
893.03.
“Minor” means an individual not legally permitted by reason of age to possess
alcoholic beverages pursuant to chapter 562.
“Open house party” means a social gathering at a residence.
“Person” means an individual 18 years of age or older.
“Residence” means a home, apartment, condominium, or other dwelling unit.
A person having control of any residence may not allow an open house party to take
place at the residence if any alcoholic beverage or drug is possessed or consumed at the
residence by any minor where the person knows that an alcoholic beverage or drug is in
the possession of or being consumed by a minor at the residence and where the person
fails to take reasonable steps to prevent the possession or consumption of the alcoholic
beverage or drug.
The provisions of this section shall not apply to the use of alcoholic beverages at
legally protected religious observances or activities.
Any person who violates any of the provisions of subsection
commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083. A person who violates subsection (2) a second or subsequent time commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
If a violation of subsection (2) causes or contributes to causing serious bodily injury,
as defined in s. 316.1933, or death to the minor, or if the minor causes or contributes to
causing serious bodily injury or death to another as a result of the minor’s consumption
of alcohol or drugs at the open house party, the violation is a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
856.021. Loitering or prowling; penalty.
It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not
usual for lawabiding individuals, under circumstances that warrant a justifiable and
reasonable alarm or immediate concern for the safety of persons or property in the
vicinity.
Among the circumstances which may be considered in determining whether such
alarm or immediate concern is warranted is the fact that the person takes flight upon
appearance of a law enforcement officer, refuses to identify himself or herself, or
manifestly endeavors to conceal himself or herself or any object. Unless flight by the
person or other circumstance makes it impracticable, a law enforcement officer shall,
prior to any arrest for an offense under this section, afford the person an opportunity to
dispel any alarm or immediate concern which
would otherwise be warranted by requesting the person to identify himself or herself and
explain his or her presence and conduct. No person shall be convicted of an offense under
this section if the law enforcement officer did not comply with this procedure or if it
appears at trial that the explanation given by the person is true and, if believed by the
officer at the time, would have dispelled the alarm or immediate concern.
Any person violating the provisions of this section shall be guilty of a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s. 775.083.
856.022. Loitering or prowling by certain offenders in close proximity to
children; penalty.
Except as provided in subsection (2), this section applies to a person convicted of
committing, or attempting, soliciting, or conspiring to commit, any of the criminal
offenses proscribed in the following statutes in this state or similar offenses in another
jurisdiction against a victim who was under 18 years of age at the time of the offense: s.
787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 787.06(3)(g); s.
794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
847.0137; s. 847.0138; s. 847.0145; s. 985.701(1); or any similar offense committed in
this state which has been redesignated from a former statute number to one of those listed
in this subsection, if the person has not received a pardon for any felony or similar law of
another jurisdiction necessary for the operation of this subsection and a conviction of a
felony or similar law of another jurisdiction necessary for the
operation of this subsection has not been set aside in any postconviction proceeding.
This section does not apply to a person who has been removed from the requirement
to register as a sexual offender or sexual predator pursuant to s. 943.04354.
A person described in subsection (1) commits loitering and prowling by a person
convicted of a sexual offense against a minor if, in committing loitering and prowling, he
or she was within 300 feet of a place where children were congregating.
(a) It is unlawful for a person described in subsection (1) to knowingly approach,
contact, or communicate with a child under 18 years of age in any public park building or
on real property comprising any public park or playground with the intent to engage in
conduct of a sexual nature or to make a communication of any type with any content of a
sexual nature. This paragraph applies only to a person described in subsection (1) whose
offense was committed on or after May 26, 2010.
It is unlawful for a person described in subsection (1) to knowingly be present in any
child care facility or school containing any students in prekindergarten through grade 12
or on real property comprising any child care facility or school containing any students in
prekindergarten through grade 12 when the child care facility or school is in operation, if
such person fails to:
Provide written notification of his or her intent to be present to the school board,
superintendent, principal, or child care facility owner;
Notify the child care facility owner or the school principal’s office when he or she
arrives and departs the child care facility or school; or
Remain under direct supervision of a school official or designated chaperone when
present in the vicinity of children. As used in this paragraph, the term “school official”
means a principal, a school resource officer, a teacher or any other employee of the
school, the superintendent of schools, a member of the school board, a child care facility
owner, or a child care provider.
(c) A person is not in violation of paragraph (b) if:
The child care facility or school is a voting location and the person is present for the
purpose of voting during the hours designated for voting; or
The person is only dropping off or picking up his or her own children or
grandchildren at the child care facility or school.
Any person who violates this section commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
856.031. Arrest without warrant.
Any sheriff, police officer, or other law enforcement officer may arrest any suspected
loiterer or prowler without a warrant in case delay in procuring one would probably
enable such suspected loiterer or prowler to escape arrest.
CHAPTER 859
POISONS; ADULTERATED DRUGS
859.01. Poisoning food or water.
Whoever introduces, adds, or mingles any poison, bacterium, radioactive material,
virus, or chemical compound with food, drink, medicine, or any product designed to be
ingested, consumed, or applied to the body with intent to kill or injure another person, or
willfully poisons or introduces, adds, or mingles any bacterium, radioactive material,
virus, or chemical compound into any spring, well, or reservoir of water with such intent,
commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
859.02. Selling certain poisons by registered pharmacists and others.
Any violation of the law, relative to sale of poisons, not specially provided for, shall
constitute a misdemeanor of the second degree, punishable as provided in s. 775.083.
859.04. Provisions concerning poisons.
It is unlawful for any person not a registered pharmacist to retail any poisons
enumerated below: Arsenic and all its preparations, corrosive sublimate, white and red
precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnine,
and all other poisonous vegetable alkaloids and their salts, and the essential oil of
almonds, opium, and its preparations of opium containing less than two grains to the
ounce, aconite, belladonna, colchicum, conium, nux vomica, henbane, savin,
ergot, cotton root, cantharides, creosote, veratrum digitalis, and their pharmaceutical
preparations, croton oil, chloroform, chloral hydrate, sulphate of zinc, mineral acids,
carbolic and oxalic acids; and she or he shall label the box, vessel, or paper in which said
poison is contained with the name of the article, the word “poison,” and the name and
place of business of the seller.
No person shall deliver or sell any poisons enumerated above unless upon due
inquiry it be found that the purchaser is aware of its poisonous character and represents
that it is to be used for a legitimate purpose. The provisions of this section shall not apply
to the dispensing of poisons in not unusual quantities or doses upon the prescriptions of
practitioners of medicine.
Any violation of this section shall render the principal of said store guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.083. However, this
section shall not apply to manufacturers making and selling at wholesale any of the above
poisons. Each box, vessel, or paper in which said poison is contained shall be labeled
with the name of the article, the word “poison,” and the name and place of business of the
seller.
CHAPTER 860
OFFENSES CONCERNING AIRCRAFT, MOTOR
VEHICLES, VESSELS, AND RAILROADS
860.03. Intoxicated servant of common carrier.
If any person while in charge of a locomotive engine, acting as the conductor or
superintendent of a car or train, on the car or train as a brakeman, employed to attend the
switches, drawbridges or signal stations on any railway, or acting as captain or pilot on
any steamboat shall be intoxicated, the person shall be guilty of a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083.
860.04. Riding or attempting to ride on a railroad train with intent to ride free.
Any person who, without permission of those having authority, with the intention of
being transported free, rides or attempts to ride on any railroad train in this state shall be
guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083.
860.05. Unauthorized person interfering with railroad train, cars, or
engines.
Any person, other than an employee or authorized agent of the railroad company
acting within the line of duty, who shall knowingly or willfully detach or uncouple any
train; put on, apply, or tamper with any brake, bell cord, or emergency valve; or
otherwise interfere with any train, engine, car, or part thereof is guilty of a felony of the
third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
860.065. Commercial transportation; penalty for use in commission of a
felony.
It is unlawful for any person to attempt to obtain, solicit to obtain, or obtain any
means of public or commercial transportation or conveyance, including vessels, aircraft,
railroad trains, or commercial vehicles as defined in s. 316.003, with the intent to use
such public or commercial transportation or conveyance to commit any felony or to
facilitate the commission of any felony.
Any person who violates the provisions of subsection (1) commits a felony of the
third degree, punishable as provided for in s. 775.082, s. 775.083, or s. 775.084.
860.08. Interference with railroad signals prohibited; penalty.
Any person, other than an employee or authorized agent of a railroad company acting
within the line of duty, who knowingly or willfully interferes with or removes any
railroad signal system used to control railroad operations, any railroad crossing warning
devices, or any lantern, light, lamp, torch, flag, fuse, torpedo, or other signal used in
connection with railroad operations is guilty of a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
860.09. Interference with railroad track and other equipment
prohibited; penalties.
Any person, other than an employee or authorized agent of a railroad company acting
within the line of duty, who knowingly or willfully moves, interferes with, removes, or
obstructs any railroad switch, bridge, track, crossties, or other equipment located on the
rightofway or property of a railroad and used in railroad operations is guilty of a felony
of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
860.091. Violations of s. 860.05, s. 860.08, or s. 860.09 resulting in
death; penalty.
Any person who violates the provisions of s. 860.05, s. 860.08, or s. 860.09 when
such violation results in the death of another person is guilty of homicide as defined in
chapter 782, punishable as provided in s. 775.082.
860.11. Injuring railroad structures; driving cattle on tracks.
Whoever otherwise wantonly or maliciously injures any bridge, trestle, culvert, cattle
guard, or other superstructure of any railroad company or salts the track of any railroad
company for the purpose of attracting cattle thereto, or who shall drive cattle thereon,
shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
860.121. Crimes against railroad vehicles; penalties.
It shall be unlawful for any person to shoot at, throw any object capable of causing
death or great bodily harm at, or place any object capable of causing death or great bodily
harm in the path of any railroad train, locomotive, car, caboose, or other
railroad vehicle.
(a) Any person who violates subsection (1) with respect to an unoccupied railroad
vehicle is guilty of a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Any person who violates subsection (1) with respect to an occupied railroad vehicle
or a railroad vehicle connected thereto is guilty of a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who violates subsection (1), if such violation results in great bodily
harm, is guilty of a felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Any person who violates subsection (1), if such violation results in death, is guilty of
homicide as defined in chapter 782, punishable as provided in s. 775.082.
860.13. Operation of aircraft while intoxicated or in careless or reckless
manner; penalty.
(1) It shall be unlawful for any person:
To operate an aircraft in the air or on the ground or water while under the influence
of:
Alcoholic beverages;
Any substance controlled under chapter 893;
Any chemical substance set forth in s. 877.111; or
To operate an aircraft in the air or on the ground or water in
a careless or reckless manner so as to endanger the life or property of another.
In any prosecution charging careless or reckless operation of aircraft in violation of
this section, the court, in determining whether the operation was careless or reckless,
shall consider the standards for safe operation of aircraft as prescribed by federal statutes
or regulations governing aeronautics.
Violation of this section shall constitute a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
It shall be the duty of any court in which there is a conviction for violation of this
statute to report such conviction to the Federal Aviation Administration for its guidance
and information with respect to the pilot’s certificate.
860.14. Motor vehicle parts and accessories; records of certain
purchases.
Every person engaged in the business of buying and selling parts and accessories for
motor vehicles who purchases such parts and accessories from any person other than
manufacturers, distributors, wholesalers, retailers, or other persons usually and regularly
engaged in the business of selling such parts and accessories shall keep a daily record of
all such parts and accessories so purchased, which record shall show the date and time of
each purchase of such parts and accessories, the name and address of each person from
whom such parts and accessories were purchased, the number of the driver license of
such person or, if such person does not have a driver license, adequate
information to properly identify such person, and a detailed description of the parts and
accessories purchased from such person, which description shall include all serial and
other identifying numbers, if any. Such records shall be retained for not less than 1 year
and shall at all times be subject to the inspection of all police or peace officers. Any
person violating the provisions of this section shall be guilty of a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083.
HIST: s. 1, ch. 61420; s. 1097, ch. 71136.
860.145. Airbag Antitheft Act.
SHORT TITLE.—This section may be cited as the “Airbag Antitheft Act.”
DEFINITIONS.—As used in this section, the term “airbag” means an inflatable
restraint system that is designed to be installed and to operate in a motor vehicle to
activate in the event of a crash; and the term “salvaged airbag” means an airbag that has
been removed from a motor vehicle.
PURCHASE, SALE, OR INSTALLATION OF SALVAGED AIRBAGS;
RECORDS.—Any person engaged in the business of purchasing, selling, or installing
salvaged airbags shall maintain a manual or electronic record of the purchase, sale, or
installation, which must include the identification number of the salvaged airbag; the
vehicle identification number of the vehicle from which the salvaged airbag was
removed; the name, address, and driver license number or other means of identification
of the person from whom the salvaged airbag was purchased; and, in the event that the
salvaged airbag is installed,
the vehicle identification number of the vehicle into which the airbag is installed. Such
record must be maintained for 36 months following the transaction and may be inspected
during normal business hours by any law enforcement officer of this state or other
authorized representative of the agency charged with administration of this section. Any
person who sells a salvaged airbag or who installs a salvaged airbag must disclose to the
purchaser or consumer that the airbag is salvaged. Upon request, information within a
portion of such record pertaining to a specific transaction must be provided to an insurer
or consumer.
(4) PROHIBITION; PENALTIES.—
It is unlawful for any person to knowingly possess, sell, or install a stolen uninstalled
airbag; a new or salvaged airbag from which the manufacturer’s part identification
number has been removed, altered, or defaced; or an airbag taken from a stolen motor
vehicle. Any person who violates this paragraph commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who fails to maintain complete and accurate records, to prepare complete
and accurate documents, to provide information within a portion of such record upon
request, or to properly disclose that an airbag is salvaged, as required by this act, commits
a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
860.146. Fake airbags; junkfilled airbag compartment.
(1) As used in this section, the term:
“Airbag” means a motor vehicle inflatable occupant
restraint system, including all component parts, such as the cover, sensors, controllers,
inflators, and wiring, that is designed in accordance with federal safety regulations for a
given make, model, and year of a vehicle.
“Counterfeit airbag” means an airbag displaying a mark identical or similar to the
genuine mark of a motor vehicle manufacturer without authorization from said
manufacturer.
“Fake airbag” means any item other than an airbag that was designed in accordance
with federal safety regulations for a given make, model, and year of motor vehicle as part
of a motor vehicle inflatable restraint system, including counterfeit or nonfunctioning
airbags.
“Junkfilled airbag compartment” means an airbag compartment that is filled with
any substance that does not function in the same manner or to the same extent as an
airbag to protect vehicle occupants in a vehicle crash. The term does not include a
compartment from which an airbag has deployed if there is no concealment of the
deployment.
“Nonfunctional airbag” means a replacement airbag that:
Was previously deployed or damaged;
Has an electric fault that is detected by the vehicle airbag diagnostic system after the
installation procedure is completed; or
Includes any part or object, including, but not limited to, a counterfeit or repaired
airbag cover, installed in a motor vehicle to mislead the owner or operator of such motor
vehicle into believing that a functional airbag has been installed.
It is unlawful for any person to knowingly import, manufacture, purchase, sell, offer
for sale, install, or reinstall on a vehicle a fake airbag or junkfilled airbag compartment.
Any person who violates this subsection commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
860.16. Aircraft piracy; penalty.
Whoever without lawful authority seizes or exercises control, by force or violence
and with wrongful intent, of any aircraft containing a nonconsenting person or persons
within this state is guilty of the crime of aircraft piracy, a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
860.17. Tampering with or interfering with motor vehicles or trailers.
Whoever, without authority, willfully, maliciously, or intentionally tampers with,
attempts to tamper with, or otherwise interferes with any motor vehicle or trailer of
another which results in the cargo or contents of such motor vehicle or trailer becoming
unloaded or damaged, or which results in the mechanical functions of such motor vehicle
or trailer becoming inoperative or impaired, is guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083. A second or subsequent
conviction of any person violating this section is a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
860.20. Outboard motors; identification numbers.
(a) The Department of Highway Safety and Motor Vehicles shall adopt rules
specifying the locations and manner in which serial numbers for outboard motors shall be
affixed. In adopting such rules, the department shall consider the adequacy of voluntary
industry standards, the current state of technology, and the overall purpose of reducing
vessel and motor thefts in the state.
Any outboard motor manufactured after October 1, 1985, which is for sale in the
state shall comply with the serial number rules promulgated by the department. Any
person, firm, or corporation which sells or offers for sale any outboard boat motor
manufactured after October 1, 1985, which does not comply with this section is guilty of
a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(a) It is unlawful for any person to possess any outboard boat motor with the
knowledge that the serial number required by subsection (1) has been removed, erased,
defaced, or otherwise altered to prevent identification.
It is unlawful for any person to knowingly possess, manufacture, sell or exchange,
offer to sell or exchange, supply in blank, or give away any counterfeit manufacturer’s
outboard motor serial number plate or decal used for the purpose of identification of any
outboard motor; to authorize, direct, aid in exchange, or give away such counterfeit
manufacturer’s outboard motor serial number plate or decal; or to conspire to do any of
the foregoing.
Any person who violates any provision of this subsection is guilty of a felony of the
third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
If any of the serial numbers required by this section to identify ownership of an
outboard motor do not exist or have been removed, erased, defaced, or otherwise altered
to prevent identification and its true identity cannot be determined, the outboard motor
may be seized as contraband property by a law enforcement agency and shall be subject
to forfeiture pursuant to ss. 932.701932.704. Such outboard motor may not be sold or
used to propel a vessel on the waters of the state unless the department is directed by
written order of a court of competent jurisdiction to issue to the outboard motor a
replacement identifying number which shall be affixed to the outboard motor and shall
thereafter be used for identification purposes.
CHAPTER 861
OFFENSES RELATED TO PUBLIC ROADS,
TRANSPORT, AND WATERS
861.01. Obstructing highway.
Whoever obstructs any public road or established highway by fencing across or into
the same or by willfully causing any other obstruction in or to such road or highway, or
any part thereof, shall be guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083, and the judgment of the court shall also be that the
obstruction be removed.
861.011. Obstructing transportation facility.
Any person who obstructs any public transportation facility by fencing across or into
it or by willfully causing any other obstruction in or to such transportation facility, or any
part thereof, is guilty of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083, and the judgment of the court shall also be that the obstruction be
removed.
861.02. Obstructing watercourse.
Whoever erects or fixes on any navigable watercourse any dam, bridge, hedge, seine,
drag, or other obstruction, whereby the navigation of boats drawing 3 feet of water or the
passage of fish may be obstructed, shall be guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.083.
861.021. Obstructing channels; misdemeanor.
It is unlawful for any person to place any spiny lobster, crab, or fish trap or set net or
other similar device with a buoy or marker attached so that said buoy or marker obstructs
the navigation of boats in channels of the waters of the state which are marked by, and
which markers are continuously maintained by, the Coast Guard of the United States.
Any person willfully violating the provision of this section is guilty of a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
861.08. Obstructing county and settlement roads.
Whoever shall fell, drag, or by any means place a tree, or other obstruction, in or
across any county settlement or neighborhood road regularly used, or whoever causes
such obstruction to be placed therein, shall remove the same from such road within 6
hours thereafter.
Any person violating the provisions of this section shall be guilty of a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided, that
this law shall not apply to pasture fences, gates, nor the improvement of private property.
861.09. Certain vehicles prohibited from using hard surfaced roads.
It is unlawful for any person to drive, propel, or operate, or to have driven, propelled
or operated, over the hardsurfaced public roads or parts of roads of this state any vehicle
or implement having wheels that will carry more than 200 pounds
per wheel for every vehicle having tires of 1 inch in width, or 500 pounds per wheel for
every vehicle having tires of 2 inches in width, or 800 pounds per wheel for every vehicle
having tires of 3 inches in width, or 1200 pounds per wheel for every vehicle having tires
of 4 inches in width, or 1500 pounds per wheel for every vehicle having tires 5 inches in
width, or that will carry any load greater than 6,000 pounds without first providing 1 inch
of tire width per wheel for each additional 2,000 pounds, or fraction thereof, or to permit
any vehicle or implement or any load or portion of load thereof to drag upon the surface
of any hardsurfaced public road or parts of roads; provided, that nothing in this section
shall be construed as prohibiting the use of roughened surfaces on rubber tires or on the
wheels of farm implements weighing less than 1,000 pounds.
“Hardsurfaced public roads or parts of roads” as used in this section shall be
construed to be brick, concrete, asphaltic, sand clay, sand, or bituminous surfaced roads
which are maintained by county or state funds.
Any person violating the provisions of this section shall be guilty of a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s. 775.083.
CHAPTER 870
AFFRAYS; RIOTS; ROUTS; UNLAWFUL ASSEMBLIES
870.01. Affrays and riots.
All persons guilty of an affray shall be guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
All persons guilty of a riot, or of inciting or encouraging a riot, shall be guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
870.02. Unlawful assemblies.
If three or more persons meet together to commit a breach of the peace, or to do any
other unlawful act, each of them shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
870.03. Riots and routs.
If any persons unlawfully assembled demolish, pull down or destroy, or begin to
demolish, pull down or destroy, any dwelling house or other building, or any ship or
vessel, each of them shall be guilty of a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
870.04. Specified officers to disperse riotous assembly.
mayor, or any commissioner, council member, alderman, or police officer of the city or
municipality, or any officer or member of the Florida Highway Patrol, or any officer or
agent of the Fish and Wildlife Conservation Commission, any beverage enforcement
agent, any personnel or representatives of the Department of Law Enforcement or its
successor, or any other peace officer, shall go among the persons so assembled, or as near
to them as may be done with safety, and shall in the name of the state command all the
persons so assembled immediately and peaceably to disperse. If such persons do not
thereupon immediately and peaceably disperse, such officers shall command the
assistance of all such persons in seizing, arresting, and securing such persons in custody.
If any person present being so commanded to aid and assist in seizing and securing such
rioter or persons so unlawfully assembled, or in suppressing such riot or unlawful
assembly, refuses or neglects to obey such command, or, when required by such officers
to depart from the place, refuses and neglects to do so, the person shall be deemed one of
the rioters or persons unlawfully assembled, and may be prosecuted and punished
accordingly.
870.043. Declaration of emergency.
Whenever the sheriff or designated city official determines that there has been an act
of violence or a flagrant and substantial defiance of, or resistance to, a lawful exercise of
public authority and that, on account thereof, there is reason to believe that there exists a
clear and present danger of a riot or other general public disorder, widespread
disobedience of the law, and substantial injury to persons or to property, all of which
constitute an imminent threat to public peace or order and to the general
welfare of the jurisdiction affected or a part or parts thereof, he or she may declare that a
state of emergency exists within that jurisdiction or any part or parts thereof.
870.044. Automatic emergency measures.
Whenever the public official declares that a state of emergency exists, pursuant to s.
870.043, the following acts shall be prohibited during the period of said emergency
throughout the jurisdiction:
The sale of, or offer to sell, with or without consideration, any ammunition or gun or
other firearm of any size or description.
The intentional display, after the emergency is declared, by or in any store or shop of
any ammunition or gun or other firearm of any size or description.
The intentional possession in a public place of a firearm by any person, except a duly
authorized law enforcement official or person in military service acting in the official
performance of her or his duty.
Nothing contained in this chapter shall be construed to authorize the seizure, taking,
or confiscation of firearms that are lawfully possessed, unless a person is engaged in a
criminal act.
870.048. Violations.
Any violation of a provision of ss. 870.041870.047 or of any emergency measure
established pursuant thereto shall be a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
870.05. When killing excused.
If, by reason of the efforts made by any of said officers or by their direction to
disperse such assembly, or to seize and secure the persons composing the same, who have
refused to disperse, any such person or other person present is killed or wounded, the said
officers and all persons acting by their order or under their direction, shall be held
guiltless and fully justified in law; and if any of said officers or any person acting under
or by their direction is killed or wounded, all persons so assembled and all other persons
present who when commanded refused to aid and assist said officer shall be held
answerable therefor.
870.06. Unauthorized military organizations.
No body of persons, other than the regularly organized land and naval militia of this
state, the troops of the United States, and the students of regularly chartered educational
institutions where military science is a prescribed part of the course of instruction, shall
associate themselves together as a military organization for drill or parade in public with
firearms, in this state, without special license from the Governor for each occasion, and
application for such license must be approved by the mayor and aldermen of the cities
and towns where such organizations may propose to parade. Each person unlawfully
engaging in the formation of such military organization, or participating in such drill or
parade, shall be guilty of a misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083.
CHAPTER 871
DISTURBING RELIGIOUS AND OTHER ASSEMBLIES
871.01. Disturbing schools and religious and other assemblies.
Whoever willfully interrupts or disturbs any school or any assembly of people met
for the worship of God or for any lawful purpose commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
Whoever willfully interrupts or disturbs any assembly of people met for the purpose
of acknowledging the death of an individual with a military funeral honors detail
pursuant to 10 U.S.C. s. 1491 commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
871.015. Unlawful protests.
(1) As used in this section, the term:
“Funeral or burial” means a service or ceremony offered or provided in connection
with the final disposition, memorialization, interment, entombment, or inurnment of
human remains or cremated human remains.
“Funeral procession” has the same meaning as provided in s. 316.1974.
“Protest activities” means any action, including picketing, which is undertaken with
the intent to interrupt or disturb a funeral or burial.
A person may not knowingly engage in protest activities or
knowingly cause protest activities to occur within 500 feet of the property line of a
residence, cemetery, funeral home, house of worship, or other location during or within 1
hour before or 1 hour after the conducting of a funeral or burial at that place. This
subsection does not prohibit protest activities that occur adjacent to that portion of a
funeral procession which extends beyond 500 feet of the property line of the location of
the funeral or burial.
A person who violates this section commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
CHAPTER 872
OFFENSES CONCERNING DEAD BODIES AND GRAVES
872.02. Injuring or removing tomb or monument; disturbing
contents of grave or tomb; penalties.
A person who willfully and knowingly destroys, mutilates, defaces, injures, or
removes any tomb, monument, gravestone, burial mound, earthen or shell monument
containing human skeletal remains or associated burial artifacts, or other structure or
thing placed or designed for a memorial of the dead, or any fence, railing, curb, or other
thing intended for the protection or ornamentation of any tomb, monument, gravestone,
burial mound, earthen or shell monument containing human skeletal remains or
associated burial artifacts, or other structure before mentioned, or for any enclosure for
the burial of the dead, or willfully destroys, mutilates, removes, cuts, breaks, or injures
any tree, shrub, or plant placed or being within any such enclosure, commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who willfully and knowingly disturbs the contents of a tomb or grave
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
This section shall not apply to any person acting under the direction or authority of
the Division of Historical Resources of the Department of State, to cemeteries operating
under chapter 497, or to any person otherwise authorized by law to remove or disturb a
tomb, monument, gravestone, burial mound, or similar structure, or its contents, as
described in subsection (1).
For purposes of this section, the term “tomb” includes any mausoleum, columbarium,
or belowground crypt.
872.06. Abuse of a dead human body; penalty.
(1) As used in this section, the term “sexual abuse” means:
Anal or vaginal penetration of a dead human body by the sexual organ of a person or
by any other object;
Contact or union of the penis, vagina, or anus of a person with the mouth, penis,
vagina, or anus of a dead human body; or
Contact or union of a person’s mouth with the penis, vagina, or anus of a dead
human body.
A person who mutilates, commits sexual abuse upon, or otherwise grossly abuses a
dead human body commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. Any act done for a bona fide medical purpose or for
any other lawful purpose does not under any circumstance constitute a violation of this
section.
CHAPTER 874
CRIMINAL GANG ENFORCEMENT AND PREVENTION
874.03. Definitions.
As used in this chapter:
“Criminal gang” means a formal or informal ongoing organization, association, or
group that has as one of its primary activities the commission of criminal or delinquent
acts, and that consists of three or more persons who have a common name or common
identifying signs, colors, or symbols, including, but not limited to, terrorist organizations
and hate groups.
As used in this subsection, “ongoing” means that the organization was in existence
during the time period charged in a petition, information, indictment, or action for civil
injunctive relief.
As used in this subsection, “primary activities” means that a criminal gang spends a
substantial amount of time engaged in such activity, although such activity need not be
the only, or even the most important, activity in which the criminal gang engages.
“Criminal gang associate” means a person who:
(a) Admits to criminal gang association; or
Meets any single defining criterion for criminal gang membership described in
subsection (3).
“Criminal gang member” is a person who meets two or more of the following
criteria:
(a) Admits to criminal gang membership.
Is identified as a criminal gang member by a parent or guardian.
Is identified as a criminal gang member by a documented reliable informant.
Adopts the style of dress of a criminal gang.
Adopts the use of a hand sign identified as used by a criminal gang.
Has a tattoo identified as used by a criminal gang.
Associates with one or more known criminal gang members.
Is identified as a criminal gang member by an informant of previously untested
reliability and such identification is corroborated by independent information.
Is identified as a criminal gang member by physical evidence.
Has been observed in the company of one or more known criminal gang members
four or more times. Observation in a custodial setting requires a willful association. It is
the intent of the Legislature to allow this criterion to be used to identify gang members
who recruit and organize in jails, prisons, and other detention settings.
Has authored any communication indicating responsibility for the commission of any
crime by the criminal gang.
Where a single act or factual transaction satisfies the requirements of more than one
of the criteria in this subsection,
each of those criteria has thereby been satisfied for the purposes of the statute.
(4) “Criminal gangrelated activity” means:
An activity committed with the intent to benefit, promote, or further the interests of a
criminal gang, or for the purposes of increasing a person’s own standing or position
within a criminal gang;
An activity in which the participants are identified as criminal gang members or
criminal gang associates acting individually or collectively to further any criminal
purpose of a criminal gang;
An activity that is identified as criminal gang activity by a documented reliable
informant; or
An activity that is identified as criminal gang activity by an informant of previously
untested reliability and such identification is corroborated by independent information.
“Electronic communication” has the meaning provided in s. 934.02 and includes, but
is not limited to, photographs, video, telephone communications, text messages,
facsimile, electronic mail messages as defined in s. 668.602, and instant message real
time communications with other individuals through the Internet or other means.
“Hate group” means an organization whose primary purpose is to promote animosity,
hostility, and malice against a person or persons or against the property of a person or
persons because of race, religion, disability, sexual orientation, ethnicity, or national
origin.
“Terrorist organization” means any organized group engaged in or organized for the
purpose of engaging in terrorism as defined in s. 775.30. This definition shall not be
construed to prevent prosecution under this chapter of individuals acting alone.
874.045. Arrest and prosecution under other provisions.
Nothing in this chapter shall prohibit the arrest and prosecution of a criminal gang
member under chapter 876, chapter 895, chapter 896, s. 893.20, or any other applicable
provision of law except to the extent otherwise prohibited pursuant to a statutory or
constitutional provision.
874.05. Causing, encouraging, soliciting, or recruiting criminal gang
membership.
(a) Except as provided in paragraph (b), a person who intentionally causes,
encourages, solicits, or recruits another person to become a criminal gang member where
a condition of membership or continued membership is the commission of any crime
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
A person who commits a second or subsequent violation of this subsection commits a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(a) Except as provided in paragraph (b), a person who intentionally causes,
encourages, solicits, or recruits another person under 13 years of age to become a
criminal gang member where a condition of membership or continued membership is the
commission of any crime commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who commits a second or subsequent violation of this subsection commits a
felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
874.08. Criminal gang activity and recruitment; forfeiture.
All profits, proceeds, and instrumentalities of criminal gang activity and all property
used or intended or attempted to be used to facilitate the criminal activity of any criminal
gang or of any criminal gang member; and all profits, proceeds, and instrumentalities of
criminal gang recruitment and all property used or intended or attempted to be used to
facilitate criminal gang recruitment are subject to seizure and forfeiture under the Florida
Contraband Forfeiture Act, s. 932.704.
874.10. Directing the activities of a criminal gang.
Any person who knowingly initiates, organizes, plans, finances, directs, manages, or
supervises criminal gangrelated activity commits a felony of the first degree, punishable
by imprisonment for a term of years not exceeding life or as provided in s. 775.082, s.
775.083, or s. 775.084.
874.11. Electronic communication.
Any person who, for the purpose of benefiting, promoting, or furthering the interests
of a criminal gang, uses electronic communication to intimidate or harass other persons,
or to advertise his or her presence in the community, including, but not limited to, such
activities as distributing, selling, transmitting, or
posting on the Internet any audio, video, or still image of criminal activity, commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
874.12. Identification documents; unlawful possession or creation.
For purposes of this section, the term “identification document” includes, but is not
limited to, a social security card or number, a birth certificate, a driver license, an
identification card issued pursuant to s. 322.051, a naturalization certificate, an alien
registration number, a passport, and any access credentials for a publicly operated facility
or an infrastructure facility covered under 18 U.S.C. s. 2332f.
Any person possessing or manufacturing any blank, forged, stolen, fictitious,
fraudulent, counterfeit, or otherwise unlawfully issued identification document for the
purpose of benefiting, promoting, or furthering the interests of a criminal gang commits a
felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
CHAPTER 876
CRIMINAL ANARCHY, TREASON, AND OTHER
CRIMES AGAINST PUBLIC ORDER
876.11. Public place defined.
876.12. Wearing mask, hood, or other device on public way.
No person or persons over 16 years of age shall, while wearing any mask, hood, or
device whereby any portion of the face is so hidden, concealed, or covered as to conceal
the identity of the wearer, enter upon, or be or appear upon any lane, walk, alley, street,
road, highway, or other public way in this state.
876.13. Wearing mask, hood, or other device on public property.
No person or persons shall in this state, while wearing any mask, hood, or device
whereby any portion of the face is so hidden, concealed, or covered as to conceal the
identity of the wearer, enter upon, or be, or appear upon or within the public property of
any municipality or county of the state.
876.14. Wearing mask, hood, or other device on property of another.
No person or persons over 16 years of age shall, while wearing a mask, hood, or
device whereby any portion of the face is so hidden, concealed, or covered as to conceal
the identity of the wearer, demand entrance or admission or enter or come upon or into
the premises, enclosure, or house of any other person in any municipality or county of
this state.
876.15. Wearing mask, hood, or other device at
demonstration or meeting.
No person or persons over 16 years of age, shall, while wearing a mask, hood, or
device whereby any portion of the face is so hidden, concealed, or covered as to conceal
the identity of the wearer, hold any manner of meeting, make any demonstration upon the
private property of another unless such person or persons shall have first obtained from
the owner or occupier of the property his or her written permission to so do.
876.155. Applicability; ss. 876.12876.15.
The provisions of ss. 876.12876.15 apply only if the person was wearing the mask,
hood, or other device:
With the intent to deprive any person or class of persons of the equal protection of
the laws or of equal privileges and immunities under the laws or for the purpose of
preventing the constituted authorities of this state or any subdivision thereof from, or
hindering them in, giving or securing to all persons within this state the equal protection
of the laws;
With the intent, by force or threat of force, to injure, intimidate, or interfere with any
person because of the person’s
exercise of any right secured by federal, state, or local law or to intimidate such person or
any other person or any class of persons from exercising any right secured by federal,
state, or local law;
With the intent to intimidate, threaten, abuse, or harass any other person; or
While she or he was engaged in conduct that could reasonably lead to the institution
of a civil or criminal proceeding against her or him, with the intent of avoiding
identification in such a proceeding.
876.16. Sections 876.11876.15; exemptions.
The following persons are exempted from the provisions of ss.
876.11876.15:
Any person or persons wearing traditional holiday costumes;
Any person or persons engaged in trades and employment where a mask is worn for
the purpose of ensuring the physical safety of the wearer, or because of the nature of the
occupation, trade, or profession;
Any person or persons using masks in theatrical productions, including use in
Gasparilla celebrations and masquerade balls;
Persons wearing gas masks prescribed in emergency management drills and
exercises.
876.37. Sabotage prevention law; definitions.
As used in ss. 876.37876.50:
“Highway” includes any private or public street, way, or other place used for travel
to or from property.
“Highway commissioners” means any individual, board, or other body having
authority under thenexisting law to discontinue the use of the highway which it is
desired to restrict or close to public use and travel.
“Public utility” includes any pipeline, gas, electric, heat, water, oil, sewer, telephone,
telegraph, radio, railway, railroad, airplane, transportation, communication, or other
system, by whomsoever owned or operated for public use.
876.38. Intentional injury to or interference with property.
Whoever intentionally destroys, impairs, or injures, or interferes or tampers with, real
or personal property and such act hinders, delays, or interferes with the preparation of the
United States, any country with which the United States shall then maintain friendly
relations, or any of the states for defense or for war, or with the prosecution of war by the
United States, is guilty of a life felony, punishable as provided in s. 775.082.
876.40. Attempts.
Whoever attempts to commit any of the crimes defined by this law shall be liable to
onehalf the punishment by imprisonment, or by fine, or both, as prescribed in s. 876.39
hereof. In addition to the acts which constitute an attempt to commit a crime under the
law of this state, the solicitation or incitement of another to commit any of the crimes
defined by this law not followed by the commission of the crime, the collection or
assemblage of any
materials with the intent that the same are to be used then or at a later time in the
commission of such crime, or the entry, with or without permission, of a building,
enclosure, or other premises of another with the intent to commit any such crime therein
or thereon shall constitute an attempt to commit such crime.
876.41. Conspirators.
If two or more persons conspire to commit any crime defined by this law, each of
such persons is guilty of conspiracy and subject to the same punishment as if he or she
had committed the crime which he or she conspired to commit, whether or not any act be
done in furtherance of the conspiracy. It shall not constitute any defense or ground of
suspension of judgment, sentence or punishment on behalf of any person prosecuted
under this section, that any of his or her fellow conspirators has been acquitted, has not
been arrested or convicted, is not amenable to justice or has been pardoned or otherwise
discharged before or after conviction.
876.43. Unlawful entry on property.
Any individual, partnership, association, corporation, municipal corporation or state
or any political subdivision thereof engaged in, or preparing to engage in, the
manufacture, transportation or storage of any product to be used in the preparation of the
United States, or of any country with which the United States shall then maintain friendly
relations, or of any of the states for defense or for war or in the prosecution of war by the
United States, or the manufacture, transportation, distribution or storage of gas, oil, coal,
electricity or water, or any of said natural or artificial persons operating any public utility,
whose property, except
where it fronts on water or where there are entrances for railway cars, vehicles, persons
or things, is surrounded by a fence or wall, or a fence or wall and buildings, may post
around her or his or its property at each gate, entrance, dock or railway entrance and
every 100 feet of waterfront a sign reading “No Entry Without Permission.” Whoever
without permission of such owner shall willfully enter upon premises so posted shall be
guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083.
876.44. Questioning and detaining suspected persons.
Any peace officer or any other person employed as a person who watches or guards
or in a supervisory capacity on premises posted as provided in s. 876.43 may stop any
person found on any premises to which entry without permission is forbidden by s.
876.43 and may detain the person for the purpose of demanding, and may demand, of the
person, his or her name, address and business in such place. If said peace officer or
employee has reason to believe from the answers of the person so interrogated that such
person has no right to be in such place, said peace officer shall forthwith release such
person or he or she may arrest such person without a warrant on the charge of violating
the provisions of s. 876.43; and said employee shall forthwith release such person or turn
him or her over to a peace officer, who may arrest the person without a warrant on the
charge of violating the provisions of s. 876.43.
876.52. Public mutilation of flag.
Whoever publicly mutilates, defaces, or tramples upon or burns
with intent to insult any flag, standard, colors, or ensign of the United States or of Florida
shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082
or s. 775.083.
CHAPTER 877
MISCELLANEOUS CRIMES
877.03. Breach of the peace; disorderly conduct.
Whoever commits such acts as are of a nature to corrupt the public morals, or outrage
the sense of public decency, or affect the peace and quiet of persons who may witness
them, or engages in brawling or fighting, or engages in such conduct as to constitute a
breach of the peace or disorderly conduct, shall be guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
877.08. Coinoperated vending machines and parking meters;
defined; prohibited acts, penalties.
A “coinoperated vending machine” or “parking meter,” for the purposes of this act,
is defined to be any machine, contrivance, or device that is adapted for use in such a way
that, as the result of the insertion of any piece of money, coin, or other object, the
machine, contrivance, parking meter, or device is caused to operate or may be operated
and by reason of such operation the user may become entitled to receive any food, drink,
telephone or telegraph service, insurance protection, parking privilege or any other
personal property, service, protection, right or privilege of any kind or nature whatsoever.
Whoever maliciously or mischievously molests, opens, breaks, injures, damages, or
inserts any part of her or his body or any instrument into any coinoperated vending
machine or parking meter of another, shall be guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
Whoever molests, opens, breaks, injures, damages, or inserts any part of her or his
body or any instrument into any coinoperated vending machine or parking meter of
another with intent to commit larceny is guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
Whoever violates subsection (3) a second or subsequent time commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
877.111. Inhalation, ingestion, possession, sale, purchase, or transfer of harmful
chemical substances; penalties.
It is unlawful for any person to inhale or ingest, or to possess with intent to breathe,
inhale, or drink, any compound, liquid, or chemical containing toluol, hexane,
trichloroethylene, acetone, toluene, ethyl acetate, methyl ethyl ketone, trichloroethane,
isopropanol, methyl isobutyl ketone, ethylene glycol monomethyl ether acetate,
cyclohexanone, nitrous oxide, diethyl ether, alkyl nitrites (butyl nitrite), or any similar
substance for the purpose of inducing a condition of intoxication or which distorts or
disturbs the auditory, visual, or mental processes. This section does not apply to the
possession and use of these substances as part of the care or treatment of a disease or
injury by a practitioner licensed under chapter 458, chapter 459, part I of chapter 464, or
chapter 466 or to beverages controlled by the provisions of chapter 561, chapter 562,
chapter 563, chapter 564, or chapter 565.
It is unlawful for any person to possess, buy, sell, or otherwise transfer any chemical
substance specified in subsection
for the purpose of inducing or aiding any other person to
violate the provisions of subsection (1).
Except as provided in subsection (4) with respect to nitrous oxide, any person who
violates subsection (1) or subsection (2) commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
Any person who knowingly distributes, sells, purchases, transfers, or possesses more
than 16 grams of nitrous oxide commits a felony of the third degree which shall be
known as unlawful distribution of nitrous oxide, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. For purposes of this subsection, in addition to proving by any
other means that nitrous oxide was knowingly possessed, distributed, sold, purchased, or
transferred, proof that any person discharged, or aided another in discharging, nitrous
oxide to inflate a balloon or any other object suitable for subsequent inhalation creates an
inference of the person’s knowledge that the nitrous oxide’s use was for an unlawful
purpose. This subsection does not apply to the possession and use of nitrous oxide as part
of the care and treatment of a disease or injury by a practitioner licensed under chapter
458, chapter 459, chapter 464, chapter 466, or chapter 474; as a food processing
propellant; as a semiconductor oxidizer; as an analytical chemistry oxidizer in atomic
absorption spectrometry; in the production of chemicals used to inflate airbags; as an
oxidizer for chemical production, combustion, or jet propulsion; or as a motor vehicle
induction additive when mixed with sulphur dioxide.
Any person who violates any of the provisions of this section may, in the discretion
of the trial judge, be required to participate in a substance abuse services program
approved or
regulated by the Department of Children and Families pursuant to the provisions of
chapter 397, provided the director of the program approves the placement of the
defendant in the program. Such required participation may be imposed in addition to, or
in lieu of, any penalty or probation otherwise prescribed by law. However, the total time
of such penalty, probation, and program participation shall not exceed the maximum
length of sentence possible for the offense.
877.112. Nicotine products and nicotine dispensing devices; prohibitions for
minors; penalties; civil fines; signage requirements; preemption.
(1) DEFINITIONS.—As used in this section, the term:
Product regulated as a drug or device by the United States
Food and Drug Administration under Chapter V of the federal Food, Drug, and Cosmetic
Act; or
3. Product that contains incidental nicotine.
“Selfservice merchandising” means the open display of nicotine products or nicotine
dispensing devices, whether packaged or otherwise, for direct retail customer access and
handling before purchase without the intervention or assistance of the retailer or the
retailer’s owner, employee, or agent. An open display of such products and devices
includes the use of an open display unit.
PROHIBITIONS ON SALE TO MINORS.—It is unlawful to sell, deliver, barter,
furnish, or give, directly or indirectly, to any person who is under 18 years of age, any
nicotine product or a nicotine dispensing device.
PROHIBITIONS ON GIFTING SAMPLES TO MINORS. —The gift of a sample
nicotine product or nicotine dispensing device to any person under the age of 18 by a
retailer of nicotine products or nicotine dispensing devices, or by an employee of such
retailer, is prohibited.
PENALTIES.—Any person who violates subsection (2) or subsection (3) commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
However, any person who violates subsection (2) or subsection (3) for a second or
subsequent time within 1 year of the first violation commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
AFFIRMATIVE DEFENSES.—A person charged with a
violation of subsection (2) or subsection (3) has a complete defense if, at the time the
nicotine product or nicotine dispensing device was sold, delivered, bartered, furnished, or
given:
The buyer or recipient falsely evidenced that she or he was 18 years of age or older;
The appearance of the buyer or recipient was such that a prudent person would
believe the buyer or recipient to be 18 years of age or older; and
Such person carefully checked a driver license or an identification card issued by this
state or another state of the United States, a passport, or a United States Armed Services
identification card presented by the buyer or recipient and acted in good faith and in
reliance upon the representation and appearance of the buyer or recipient in the belief that
the buyer or recipient was 18 years of age or older.
PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR NICOTINE
DISPENSING DEVICES BY MINORS.—It is unlawful for any person under 18 years of
age to knowingly possess any nicotine product or a nicotine dispensing device. Any
person under 18 years of age who violates this subsection commits a noncriminal
violation as defined in s.
775.08(3), punishable by:
For a first violation, 16 hours of community service or, instead of community service,
a $25 fine. In addition, the person must attend a schoolapproved antitobacco and
nicotine program, if locally available;
For a second violation within 12 weeks of the first violation,
a $25 fine; or
For a third or subsequent violation within 12 weeks of the first violation, the court
must direct the Department of Highway Safety and Motor Vehicles to withhold issuance
of or suspend or revoke the person’s driver license or driving privilege, as provided in s.
322.056.
Any second or subsequent violation not within the 12week time period after the first
violation is punishable as provided for a first violation.
PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for any person
under 18 years of age to misrepresent his or her age or military service for the purpose of
inducing a retailer of nicotine products or nicotine dispensing devices or an agent or
employee of such retailer to sell, give, barter, furnish, or deliver any nicotine product or
nicotine dispensing device, or to purchase, or attempt to purchase, any nicotine product or
nicotine dispensing device from a person or a vending machine. Any person under 18
years of age who violates this subsection commits a noncriminal violation as defined in s.
775.08(3), punishable by:
For a first violation, 16 hours of community service or, instead of community
service, a $25 fine and, in addition, the person must attend a schoolapproved anti
tobacco and nicotine program, if available;
For a second violation within 12 weeks of the first violation, a $25 fine; or
For a third or subsequent violation within 12 weeks of the
first violation, the court must direct the Department of Highway Safety and Motor
Vehicles to withhold issuance of or suspend or revoke the person’s driver license or
driving privilege, as provided in s. 322.056.
Any second or subsequent violation not within the 12week time period after the first
violation is punishable as provided for a first violation.
(8) PENALTIES FOR MINORS.—
A person under 18 years of age cited for committing a noncriminal violation under
this section must sign and accept a civil citation indicating a promise to appear before the
county court or comply with the requirement for paying the fine and must attend a
schoolapproved antitobacco and nicotine program, if locally available. If a fine is
assessed for a violation of this section, the fine must be paid within 30 days after the date
of the citation or, if a court appearance is mandatory, within 30 days after the date of the
hearing.
A person charged with a noncriminal violation under this section must appear before
the county court or comply with the requirement for paying the fine. The court, after a
hearing, shall make a determination as to whether the noncriminal violation was
committed. If the court finds the violation was committed, it shall impose an appropriate
penalty as specified in subsection (6) or subsection (7). A person who participates in
community service shall be considered an employee of the state for the purpose of
chapter 440, for the duration of such service.
If a person under 18 years of age is found by the court to have committed a
noncriminal violation under this section and
that person has failed to complete community service, pay the fine as required by
paragraph (6)(a) or paragraph (7)(a), or attend a schoolapproved antitobacco and
nicotine program, if locally available, the court must direct the Department of Highway
Safety and Motor Vehicles to withhold issuance of or suspend the driver license or
driving privilege of that person for 30 consecutive days.
If a person under 18 years of age is found by the court to have committed a
noncriminal violation under this section and that person has failed to pay the applicable
fine as required by paragraph (6)(b) or paragraph (7)(b), the court must direct the
Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend
the driver license or driving privilege of that person for 45 consecutive days.
DISTRIBUTION OF CIVIL FINES.—Eighty percent of all civil penalties received
by a county court pursuant to subsections
and (7) shall be remitted by the clerk of the court to the Department of Revenue for
transfer to the Department of Education to provide for teacher training and for research
and evaluation to reduce and prevent the use of tobacco products, nicotine products, or
nicotine dispensing devices by children. The remaining 20 percent of civil penalties
received by a county court pursuant to this section shall remain with the clerk of the
county court to cover administrative costs.
SIGNAGE REQUIREMENTS FOR RETAILERS OF NICOTINE PRODUCTS
AND NICOTINE DISPENSING DEVICES.—
Any retailer that sells nicotine products or nicotine dispensing devices shall post a
clear and conspicuous sign in each
place of business where such products are sold which substantially states the following:
THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES
TO PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF
AGE IS REQUIRED FOR PURCHASE.
A retailer that sells nicotine products or nicotine dispensing devices shall provide at
the checkout counter in a location clearly visible to the retailer or the retailer’s agent or
employee instructional material in a calendar format or similar format to assist in
determining whether a person is of legal age to purchase nicotine products or nicotine
dispensing devices. This point of sale material must contain substantially the following
language:
IF YOU WERE NOT BORN BEFORE THIS DATE (insert date
and applicable year)
YOU CANNOT BUY NICOTINE PRODUCTS OR NICOTINE DISPENSING
DEVICES.
In lieu of a calendar a retailer may use card readers, scanners, or other electronic or
automated systems that can verify whether a person is of legal age to purchase nicotine
products or nicotine dispensing devices.
(11) SELFSERVICE MERCHANDISING PROHIBITED.—
A retailer that sells nicotine products or nicotine dispensing devices may not sell,
permit to be sold, offer for sale, or display for sale such products or devices by means of
selfservice merchandising.
A retailer that sells nicotine products or nicotine dispensing devices may not place such
products or devices in an open display unit unless the unit is located in an area that is
inaccessible to customers.
Paragraphs (a) and (b) do not apply to an establishment that prohibits persons under 18
years of age on the premises.
RESTRICTIONS ON SALE OR DELIVERY OF NICOTINE PRODUCTS OR
NICOTINE DISPENSING DEVICES.—
In order to prevent persons under 18 years of age from purchasing or receiving nicotine
products or nicotine dispensing devices, the sale or delivery of such products or devices is
prohibited, except:
When under the direct control, or line of sight where effective control may be reasonably
maintained, of the retailer of nicotine products or nicotine dispensing devices or such
retailer’s agent or employee; or
Sales from a vending machine are prohibited under subparagraph 1. and are only
permissible from a machine that is equipped with an operational lockout device which is
under the control of the retailer of nicotine products or nicotine dispensing devices or such
retailer’s agent or employee who directly regulates the sale of items through the machine by
triggering the lockout device to allow the dispensing of one nicotine product or nicotine
dispensing device. The lockout device must include a mechanism to prevent the machine
from functioning, if the power source for the lockout device fails or if the lockout device is
disabled, and a mechanism to ensure that only one nicotine
product or nicotine dispensing device is dispensed at a time.
Paragraph (a) does not apply to an establishment that prohibits persons under 18
years of age on the premises.
A retailer of nicotine products or nicotine dispensing devices or such retailer’s agent
or employee may require proof of age of a purchaser of such products or devices before
selling the product or device to that person.
877.13. Educational institutions or school boards; penalty for disruption.
(1) It is unlawful for any person:
Knowingly to disrupt or interfere with the lawful administration or functions of any
educational institution, school board, or activity on school board property in this state.
Knowingly to advise, counsel, or instruct any school pupil or school employee to
disrupt any school or school board function, activity on school board property, or
classroom.
Knowingly to interfere with the attendance of any other school pupil or school
employee in a school or classroom.
To conspire to riot or to engage in any school campus or school function disruption
or disturbance which interferes with the educational processes or with the orderly conduct
of a school campus, school, or school board function or activity on school board property.
This section shall apply to all educational institutions, school boards, and functions
or activities on school board
property; however, nothing herein shall deny public employees the opportunity to
exercise their rights pursuant to part II of chapter 447.
Any person who violates the provisions of this section is guilty of a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s. 775.083.
877.15. Failure to control or report dangerous fire.
Any person who knows, or has reasonable grounds to believe, that a fire is
endangering the life or property of another, and who fails to take reasonable measures to
put out or control the fire when the person can do so without substantial risk to himself or
herself, or who fails to give a prompt fire alarm, is guilty of a misdemeanor of the second
degree, punishable as provided in s.
775.082 or s. 775.083, if:
The person knows that he or she is under an official, contractual, or other legal duty
to control or combat the fire; or
The fire was started lawfully by the person or with his or her assent and was started
on property in his or her custody or control.
877.18. Identification card or document purporting to contain applicant’s
age or date of birth; penalties for failure to comply with requirements for sale
or issuance.
It is unlawful for any person, except a governmental agency or instrumentality, to sell
or issue, or to offer to sell or issue, in this state any identification card or document
purporting to contain the age or date of birth of the person in whose name it was
issued, unless:
Prior to selling or issuing such card or document, the person has first obtained from
the applicant and retains for a period of 3 years from the date of sale:
An authenticated or certified copy of proof of age as provided in s. 1003.21(4); and
A notarized affidavit from the applicant attesting to the applicant’s age and that the
proofofage document required by subparagraph 1. is for such applicant.
Prior to offering to sell such cards in this state, the person has included in any offer
for sale of identification cards or documents that such cards cannot be sold or issued
without the applicants’ first submitting the documents required by paragraph
(a).
The identification card or document contains the business name and street address of
the person selling or issuing such card or document.
For the purposes of this section, the term “offer to sell” includes every inducement,
solicitation, attempt, or printed or media advertisement to encourage a person to purchase
an identification card.
All records required to be maintained by this section shall be available for inspection
without warrant upon reasonable demand by any law enforcement officer, including, but
not limited to, a state attorney investigator or an investigator for the Division of
Alcoholic Beverages and Tobacco.
A person who violates the provisions of this section is guilty of a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The failure to
produce the documents required by subsection (1), upon lawful request therefor, is prima
facie evidence of a violation of this section.
The state attorney for any county in which a violation of this section occurs or the
Attorney General may enjoin any sale or offer for sale in violation of this section by
temporary and permanent injunction by application to any court of competent
jurisdiction.
CHAPTER 893
DRUG ABUSE PREVENTION AND CONTROL
893.02. Definitions.
The following words and phrases as used in this chapter shall have the following
meanings, unless the context otherwise requires:
“Administer” or “administration” means the direct application of a controlled
substance, whether by injection, inhalation, ingestion, or any other means, to the body of
a person or animal.
“Cannabinoid receptor agonist” means a chemical compound or substance that,
according to scientific or medical research, study, testing, or analysis demonstrates the
presence of binding activity at one or more of the CB1 or CB2 cell membrane receptors
located within the human body.
“Cannabis” means all parts of any plant of the genus Cannabis, whether growing or
not; the seeds thereof; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds
or resin. The term does not include “lowTHC cannabis,” as defined in s. 381.986, if
manufactured, possessed, sold, purchased, delivered, distributed, or dispensed, in
conformance with s. 381.986.
“Controlled substance” means any substance named or described in Schedules IV of
s. 893.03. Laws controlling the manufacture, distribution, preparation, dispensing, or
administration of such substances are drug abuse laws.
“Cultivating” means the preparation of any soil or hydroponic medium for the
planting of a controlled substance or the tending and care or harvesting of a controlled
substance.
“Deliver” or “delivery” means the actual, constructive, or attempted transfer from
one person to another of a controlled substance, whether or not there is an agency
relationship.
“Dispense” means the transfer of possession of one or more doses of a medicinal
drug by a pharmacist or other licensed practitioner to the ultimate consumer thereof or to
one who represents that it is his or her intention not to consume or use the same but to
transfer the same to the ultimate consumer or user for consumption by the ultimate
consumer or user.
“Distribute” means to deliver, other than by administering or dispensing, a controlled
substance.
“Distributor” means a person who distributes.
“Department” means the Department of Health.
custody of controlled substances for scientific, medical, or instructional purposes or to aid
law enforcement officers and prosecuting attorneys in the enforcement of this chapter.
“Listed chemical” means any precursor chemical or essential chemical named or
described in s. 893.033.
(a) “Manufacture” means the production, preparation, propagation, compounding,
cultivating, growing, conversion, or processing of a controlled substance, either directly
or indirectly, by extraction from substances of natural origin, or independently by means
of chemical synthesis, or by a combination of extraction and chemical synthesis, and
includes any packaging of the substance or labeling or relabeling of its container, except
that this term does not include the preparation, compounding, packaging, or labeling of a
controlled substance by:
A practitioner or pharmacist as an incident to his or her administering or delivering of
a controlled substance in the course of his or her professional practice.
A practitioner, or by his or her authorized agent under the practitioner’s supervision,
for the purpose of, or as an incident to, research, teaching, or chemical analysis, and not
for sale.
“Manufacturer” means and includes every person who prepares, derives, produces,
compounds, or repackages any drug as defined by the Florida Drug and Cosmetic Act.
However, this definition does not apply to manufacturers of patent or proprietary
preparations as defined in the Florida Pharmacy Act. Pharmacies, and pharmacists
employed thereby, are specifically excluded from this definition.
“Mixture” means any physical combination of two or more substances, including, but
not limited to, a blend, an aggregation, a suspension, an emulsion, a solution, or a dosage
unit, whether or not such combination can be separated into its components by physical
means, whether mechanical or thermal.
“Nitrogenheterocyclic analog” means an analog of a controlled substance which has
a single carbon atom in a cyclic structure of a compound replaced by a nitrogen atom.
“Patient” means an individual to whom a controlled substance is lawfully dispensed
or administered pursuant to the provisions of this chapter.
“Pharmacist” means a person who is licensed pursuant to chapter 465 to practice the
profession of pharmacy in this state.
“Positional isomer” means any substance that possesses the same molecular formula
and core structure and that has the same functional group or substituent as those found in
the respective controlled substance, attached at any positions on the core structure, but in
such manner that no new chemical functionalities are created and no existing chemical
functionalities are destroyed relative to the respective controlled substance.
Rearrangements of alkyl moieties within or between functional groups or substituents, or
divisions or combinations of alkyl moieties, which do not create new chemical
functionalities or destroy existing chemical functionalities, are allowed and include
resulting compounds that are positional isomers. As used in this definition, the term “core
structure” means the parent molecule that is the common basis for the class that includes,
but is not limited to, tryptamine, phenethylamine, or ergoline. Examples of
rearrangements resulting in creation or destruction of chemical functionalities, and
therefore resulting in compounds that are not positional isomers, include, but are not
limited to, ethoxy to alphahydroxyethyl, hydroxy and methyl to methoxy, or the
repositioning of a phenolic or alcoholic hydroxy group to create a hydroxyamine.
Examples of rearrangements resulting in compounds that would be positional isomers,
include, but are not limited to, tertbutyl to secbutyl, methoxy and ethyl to isopropoxy,
N,Ndiethyl to NmethylNpropyl, or alphamethylamino to Nmethylamino.
“Possession” includes temporary possession for the purpose of verification or testing,
irrespective of dominion or control.
“Potential for abuse” means that a substance has properties of a central nervous
system stimulant or depressant or an hallucinogen that create a substantial likelihood of
its being:
Used in amounts that create a hazard to the user’s health or the safety of the
community;
Diverted from legal channels and distributed through illegal channels; or
Taken on the user’s own initiative rather than on the basis of professional medical
advice.
Proof of potential for abuse can be based upon a showing that these activities are
already taking place, or upon a showing that the nature and properties of the substance
make it reasonable to assume that there is a substantial likelihood that such activities will
take place, in other than isolated or occasional instances.
“Practitioner” means a physician licensed under chapter 458, a dentist licensed under
chapter 466, a veterinarian licensed under chapter 474, an osteopathic physician licensed
under chapter 459, an advanced registered nurse practitioner certified under chapter 464,
a naturopath licensed under chapter 462, a certified optometrist licensed under chapter
463, a psychiatric nurse as defined in s. 394.455, a podiatric physician licensed under
chapter 461, or a physician assistant licensed under chapter 458 or chapter 459, provided
such practitioner holds a valid federal controlled substance registry number.
“Prescription” includes any order for drugs or medicinal supplies which is written or
transmitted by any means of communication by a licensed practitioner authorized by the
laws of this state to prescribe such drugs or medicinal supplies, is issued in good faith and
in the course of professional practice, is intended to be dispensed by a person authorized
by the laws of this state to do so, and meets the requirements of s. 893.04.
The term also includes an order for drugs or medicinal supplies transmitted or written
by a physician, dentist, veterinarian, or other practitioner licensed to practice in a state
other than Florida, but only if the pharmacist called upon to fill such an order determines,
in the exercise of his or her professional judgment, that the order was issued pursuant to a
valid patientphysician relationship, that it is authentic, and that the drugs or medicinal
supplies ordered are considered necessary for the continuation of treatment of a chronic
or recurrent illness.
If the physician writing the prescription is not known to the pharmacist, the
pharmacist shall obtain proof to a reasonable certainty of the validity of the prescription.
A prescription for a controlled substance may not be issued on the same prescription
blank with another prescription for a controlled substance that is named or described in a
different schedule or with another prescription for a medicinal drug, as defined in s.
465.003(8), that is not a controlled substance.
“Wholesaler” means any person who acts as a jobber, wholesale merchant, or broker,
or an agent thereof, who sells or distributes for resale any drug as defined by the Florida
Drug and Cosmetic Act. However, this definition does not apply to persons who sell only
patent or proprietary preparations as defined in the Florida Pharmacy Act. Pharmacies,
and pharmacists employed thereby, are specifically excluded from this definition.
893.03. Standards and schedules.
The substances enumerated in this section are controlled by this chapter. The
controlled substances listed or to be listed in Schedules I, II, III, IV, and V are included
by whatever official, common, usual, chemical, trade name, or class designated. The
provisions of this section shall not be construed to include within any of the schedules
contained in this section any excluded drugs listed within the purview of 21 C.F.R. s.
1308.22, styled “Excluded Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted Prescription Products”; or 21
C.F.R. s. 1308.34, styled “Exempt Anabolic Steroid Products.”
SCHEDULE I.—A substance in Schedule I has a high potential for abuse and has no
currently accepted medical use in treatment in the United States and in its use under
medical supervision does not meet accepted safety standards. The following substances
are controlled in Schedule I:
Unless specifically excepted or unless listed in another schedule, any of the following
substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within
the specific chemical designation:
Acetylalphamethylfentanyl.
Acetylmethadol.
Allylprodine.
Alphamethadol.
Alphameprodine.
Benzethidine.
Benzylfentanyl.
Betacetylmethadol.
Betahydroxyfentanyl.
Betahydroxy3methylfentanyl.
Betameprodine.
Betamethadol.
Betaprodine.
Clonitazene.
Dextromoramide.
Diampromide.
Diethylthiambutene.
Difenoxin.
Dimenoxadol.
Dimepheptanol.
Dimethylthiambutene.
Dioxaphetyl butyrate.
Dipipanone.
Ethylmethylthiambutene.
Etonitazene.
Etoxeridine.
Flunitrazepam.
Furethidine.
Hydroxypethidine.
Ketobemidone.
Levomoramide.
Levophenacylmorphan.
Morpheridine.
Noracymethadol.
Norlevorphanol.
Normethadone.
Norpipanone.
ParaFluorofentanyl.
Phenadoxone.
Phenampromide.
Phenomorphan.
Phenoperidine.
49. PEPAP (1(2Phenylethyl)4Phenyl4Acetyloxypiperidine).
Piritramide.
Proheptazine.
Properidine.
Propiram.
Racemoramide.
Thenylfentanyl.
Thiofentanyl.
Tilidine.
Trimeperidine.
Acetylfentanyl.
Butyrylfentanyl.
BetaHydroxythiofentanyl.
Unless specifically excepted or unless listed in another schedule, any of the following
substances, their salts, isomers, and salts of isomers, whenever the existence of such salts,
isomers,
and salts of isomers is possible within the specific chemical designation:
Acetorphine.
Acetyldihydrocodeine.
Benzylmorphine.
Codeine methylbromide.
CodeineNOxide.
Cyprenorphine.
Desomorphine.
Dihydromorphine.
Drotebanol.
Etorphine (except hydrochloride salt).
Heroin.
Hydromorphinol.
Methyldesorphine.
Methyldihydromorphine.
Monoacetylmorphine.
Morphine methylbromide.
Morphine methylsulfonate.
MorphineNOxide.
Myrophine.
Nicocodine.
Nicomorphine.
Normorphine.
Pholcodine.
Thebacon.
4Methylaminorex (2Amino4methyl5phenyl2oxazoline).
Aminorex (2Amino5phenyl2oxazoline).
DOB (4Bromo2,5dimethoxyamphetamine).
2CB (4Bromo2,5dimethoxyphenethylamine).
Bufotenine.
Cannabis.
Cathinone.
DET (Diethyltryptamine).
2,5Dimethoxyamphetamine.
DOET (4Ethyl2,5Dimethoxyamphetamine).
DMT (Dimethyltryptamine).
PCE (NEthyl1phenylcyclohexylamine)(Ethylamine analog of phencyclidine).
JB318 (NEthyl3piperidyl benzilate).
NEthylamphetamine.
Fenethylline.
3,4MethylenedioxyNhydroxyamphetamine.
Ibogaine.
LSD (Lysergic acid diethylamide).
Mescaline.
Methcathinone.
5Methoxy3,4methylenedioxyamphetamine.
PMA (4Methoxyamphetamine).
PMMA (4Methoxymethamphetamine).
DOM (4Methyl2,5dimethoxyamphetamine).
MDEA (3,4MethylenedioxyNethylamphetamine).
MDA (3,4Methylenedioxyamphetamine).
JB336 (NMethyl3piperidyl benzilate).
N,NDimethylamphetamine.
Parahexyl.
Peyote.
PCPY (N(1Phenylcyclohexyl)pyrrolidine) (Pyrrolidine analog of phencyclidine).
Psilocybin.
Psilocyn.
Salvia divinorum, except for any drug product approved by the United States Food
and Drug Administration which contains Salvia divinorum or its isomers, esters, ethers,
salts, and salts of isomers, esters, and ethers, if the existence of such isomers, esters,
ethers, and salts is possible within the specific chemical designation.
Salvinorin A, except for any drug product approved by the United States Food and
Drug Administration which contains Salvinorin A or its isomers, esters, ethers, salts, and
salts of isomers, esters, and ethers, if the existence of such isomers, esters, ethers, and
salts is possible within the specific chemical designation.
Xylazine.
TCP (1[1(2Thienyl)cyclohexyl]piperidine) (Thiophene analog of phencyclidine).
3,4,5Trimethoxyamphetamine.
Methylone (3,4Methylenedioxymethcathinone).
MDPV (3,4Methylenedioxypyrovalerone).
Methylmethcathinone.
Methoxymethcathinone.
Fluoromethcathinone.
Methylethcathinone.
CP 47,497 (2(3Hydroxycyclohexyl)5(2methyloctan2yl)phenol) and its
dimethyloctyl (C8) homologue.
HU210 [(6aR,10aR)9(Hydroxymethyl)6,6dimethyl3(2methyloctan2yl)
6a,7,10,10atetrahydrobenzo[c]chromen1ol].
JWH018 (1Pentyl3(1naphthoyl)indole).
JWH073 (1Butyl3(1naphthoyl)indole).
50. JWH200 (1[2(4Morpholinyl)ethyl]3(1naphthoyl)indole).
BZP (Benzylpiperazine).
Fluorophenylpiperazine.
Methylphenylpiperazine.
Chlorophenylpiperazine.
Methoxyphenylpiperazine.
DBZP (1,4Dibenzylpiperazine).
TFMPP (Trifluoromethylphenylpiperazine).
MBDB (Methylbenzodioxolylbutanamine) or (3,4MethylenedioxyN
methylbutanamine).
5HydroxyAMT (5Hydroxyalphamethyltryptamine).
60. 5HydroxyNmethyltryptamine.
61. 5MeOMiPT (5MethoxyNmethylNisopropyltryptamine).
5MeOAMT (5Methoxyalphamethyltryptamine).
Methyltryptamine.
5MeODMT (5MethoxyN,Ndimethyltryptamine).
5MeDMT (5MethylN,Ndimethyltryptamine).
Tyramine (4Hydroxyphenethylamine).
5MeODiPT (5MethoxyN,NDiisopropyltryptamine).
DiPT (N,NDiisopropyltryptamine).
DPT (N,NDipropyltryptamine).
4HydroxyDiPT (4HydroxyN,Ndiisopropyltryptamine).
5MeODALT (5MethoxyN,NDiallyltryptamine).
DOI (4Iodo2,5dimethoxyamphetamine).
DOC (4Chloro2,5dimethoxyamphetamine).
2CE (4Ethyl2,5dimethoxyphenethylamine).
2CT4 (4Isopropylthio2,5dimethoxyphenethylamine).
2CC (4Chloro2,5dimethoxyphenethylamine).
2CT (4Methylthio2,5dimethoxyphenethylamine).
2CT2 (4Ethylthio2,5dimethoxyphenethylamine).
2CT7 (4(n)Propylthio2,5dimethoxyphenethylamine).
80. 2CI (4Iodo2,5dimethoxyphenethylamine).
81. Butylone (3,4Methylenedioxyalphamethylaminobutyrophenone).
Ethcathinone.
Ethylone (3,4MethylenedioxyNethylcathinone).
Naphyrone (Naphthylpyrovalerone).
85. Dimethylone (3,4MethylenedioxyN,Ndimethylcathinone).
3,4MethylenedioxyN,Ndiethylcathinone.
3,4Methylenedioxypropiophenone.
3,4Methylenedioxyalphabromopropiophenone.
3,4Methylenedioxypropiophenone2oxime.
3,4MethylenedioxyNacetylcathinone.
3,4MethylenedioxyNacetylmethcathinone.
3,4MethylenedioxyNacetylethcathinone.
Bromomethcathinone.
Buphedrone (alphaMethylaminobutyrophenone).
95. Eutylone (3,4Methylenedioxyalphaethylaminobutyrophenone).
Dimethylcathinone.
Dimethylmethcathinone.
methylaminovalerophenone).
MPHP (Methylalphapyrrolidinohexanophenone).
BTCP (Benzothiophenylcyclohexylpiperidine) or BCP (Benocyclidine).
FMABP (Fluoromethylaminobutyrophenone).
MeOPBP (Methoxypyrrolidinobutyrophenone).
EtPBP (Ethylpyrrolidinobutyrophenone).
107. 3Me4MeOMCAT (3Methyl4Methoxymethcathinone).
MeEABP (Methylethylaminobutyrophenone).
Etizolam.
PPP (Pyrrolidinopropiophenone).
PBP (Pyrrolidinobutyrophenone).
112. PVP (Pyrrolidinovalerophenone) or (Pyrrolidinopentiophenone).
MPPP (Methylalphapyrrolidinopropiophenone).
JWH007 (1Pentyl2methyl3(1naphthoyl)indole).
JWH015 (1Propyl2methyl3(1naphthoyl)indole).
JWH019 (1Hexyl3(1naphthoyl)indole).
JWH020 (1Heptyl3(1naphthoyl)indole).
JWH072 (1Propyl3(1naphthoyl)indole).
JWH081 (1Pentyl3(4methoxy1naphthoyl)indole).
JWH122 (1Pentyl3(4methyl1naphthoyl)indole).
121. JWH133 ((6aR,10aR)6,6,9Trimethyl3(2methylpentan2yl)6a,7,10,10a
tetrahydrobenzo[c]chromene).
JWH175 (1Pentyl3(1naphthylmethyl)indole).
JWH201 (1Pentyl3(4methoxyphenylacetyl)indole).
JWH203 (1Pentyl3(2chlorophenylacetyl)indole).
JWH210 (1Pentyl3(4ethyl1naphthoyl)indole).
JWH250 (1Pentyl3(2methoxyphenylacetyl)indole).
JWH251 (1Pentyl3(2methylphenylacetyl)indole).
JWH302 (1Pentyl3(3methoxyphenylacetyl)indole).
JWH398 (1Pentyl3(4chloro1naphthoyl)indole).
HU211 ((6aS,10aS)9(Hydroxymethyl)6,6dimethyl3(2methyloctan2yl)
6a,7,10,10atetrahydrobenzo[c]chromen1ol).
131. HU308 ([(1R,2R,5R)2[2,6Dimethoxy4(2methyloctan2yl)phenyl]7,7
dimethyl4bicyclo[3.1.1]hept3enyl] methanol).
132. HU331 (3Hydroxy2[(1R,6R)3methyl6(1methylethenyl)2cyclohexen1
yl]5pentyl2,5cyclohexadiene1,4dione).
CB13 (4Pentyloxy1(1naphthoyl)naphthalene).
CB25 (NCyclopropyl11(3hydroxy5pentylphenoxy)undecanamide).
CB52 (NCyclopropyl11(2hexyl5hydroxyphenoxy)undecanamide).
CP 55,940 (2[3Hydroxy6propanolcyclohexyl]5(2methyloctan2yl)phenol).
AM694 (1(5Fluoropentyl)3(2iodobenzoyl)indole).
AM2201 (1(5Fluoropentyl)3(1naphthoyl)indole).
RCS4 (1Pentyl3(4methoxybenzoyl)indole).
140. RCS8 (1(2Cyclohexylethyl)3(2methoxyphenylacetyl)indole).
141. WIN55,2122 ((R)(+)[2,3Dihydro5methyl3(4
morpholinylmethyl)pyrrolo[1,2,3de]1,4benzoxazin6yl]1naphthalenylmethanone).
142. WIN55,2123 ([(3S)2,3Dihydro5methyl3(4
morpholinylmethyl)pyrrolo[1,2,3de]1,4benzoxazin6yl]1naphthalenylmethanone).
Pentedrone (alphaMethylaminovalerophenone).
Fluoroamphetamine.
Fluoromethamphetamine.
Methoxetamine.
Methiopropamine.
148. Methylbuphedrone (Methylalphamethylaminobutyrophenone).
APB ((2Aminopropyl)benzofuran).
APDB ((2Aminopropyl)2,3dihydrobenzofuran).
tetramethylcyclopropanoyl)indole).
tetramethylcyclopropanoyl)indole).
2CD (4Methyl2,5dimethoxyphenethylamine).
2CH (2,5Dimethoxyphenethylamine).
2CN (4Nitro2,5dimethoxyphenethylamine).
2CP (4(n)Propyl2,5dimethoxyphenethylamine).
164. 25INBOMe (4Iodo2,5dimethoxy[N(2methoxybenzyl)]phenethylamine).
MDMA (3,4Methylenedioxymethamphetamine).
PB22 (8Quinolinyl 1pentylindole3carboxylate).
Fluoro PB22 (8Quinolinyl 1(fluoropentyl)indole3carboxylate).
BB22 (8Quinolinyl 1(cyclohexylmethyl)indole3carboxylate).
169. Fluoro AKB48 (NAdamant1yl 1(fluoropentyl)indazole3carboxamide).
ABPINACA (N(1Amino3methyl1oxobutan2yl)1pentylindazole3
carboxamide).
ABFUBINACA (N(1Amino3methyl1oxobutan2yl)1(4
fluorobenzyl)indazole3carboxamide).
ADBPINACA (N(1Amino3,3dimethyl1oxobutan2yl)1pentylindazole3
carboxamide).
Fluoro ADBICA (N(1Amino3,3dimethyl1oxobutan2yl)1
(fluoropentyl)indole3carboxamide).
174. 25BNBOMe (4Bromo2,5dimethoxy[N(2
methoxybenzyl)]phenethylamine).
175. 25CNBOMe (4Chloro2,5dimethoxy[N(2
methoxybenzyl)]phenethylamine).
ABCHMINACA (N(1Amino3methyl1oxobutan2yl)1
(cyclohexylmethyl)indazole3carboxamide).
FUBPB22 (8Quinolinyl 1(4fluorobenzyl)indole3carboxylate).
FluoroNNEI (NNaphthalen1yl 1(fluoropentyl)indole3carboxamide).
FluoroAMB (N(1Methoxy3methyl1oxobutan2yl)1(fluoropentyl)indazole3
carboxamide).
THJ2201 (1(5Fluoropentyl)3(1naphthoyl)indazole).
181. AM855 ((4aR,12bR)8Hexyl2,5,5trimethyl1,4,4a,8,9,10,11,12b
octahydronaphtho[3,2c]isochromen12ol).
182. AM905 ((6aR,9R,10aR)3[(E)Hept1enyl]9(hydroxymethyl)6,6dimethyl
6a,7,8,9,10,10ahexahydrobenzo[c]chromen1ol).
183. AM906 ((6aR,9R,10aR)3[(Z)Hept1enyl]9(hydroxymethyl)6,6dimethyl
6a,7,8,9,10,10ahexahydrobenzo[c]chromen1ol).
184. AM2389 ((6aR,9R,10aR)3(1Hexylcyclobut1yl)6a,7,8,9,10,10a
hexahydro6,6dimethyl6Hdibenzo[b,d]pyran1,9 diol).
185. HU243 ((6aR,8S,9S,10aR)9(Hydroxymethyl)6,6dimethyl3(2
methyloctan2yl)8,9ditritio7,8,10,10atetrahydro6aHbenzo[c]chromen1ol).
186. HU336 ((6aR,10aR)6,6,9Trimethyl3pentyl6a,7,10,10atetrahydro1H
benzo[c]chromene1,4(6H)dione).
MAPB ((2Methylaminopropyl)benzofuran).
5IT (2(1HIndol5yl)1methylethylamine).
6IT (2(1HIndol6yl)1methylethylamine).
a. Tetrahydrocannabinols.—Any tetrahydrocannabinols naturally contained in a plant
of the genus Cannabis, the synthetic equivalents of the substances contained in the plant
or in the
resinous extracts of the genus Cannabis, or synthetic substances, derivatives, and their
isomers with similar chemical structure and pharmacological activity, including, but not
limited to, Delta 9 tetrahydrocannabinols and their optical isomers, Delta 8
tetrahydrocannabinols and their optical isomers, Delta 6a,10a tetrahydrocannabinols and
their optical isomers, or any compound containing a tetrahydrobenzo[c]chromene
structure with substitution at either or both the 3position or 9position, with or without
substitution at the 1position with hydroxyl or alkoxy groups, including, but not limited
to:
I. Tetrahydrocannabinol.
HU210 ((6aR,10aR)9(Hydroxymethyl)6,6dimethyl3(2methyloctan2yl)
6a,7,10,10atetrahydrobenzo[c]chromen1ol).
HU211 ((6aS,10aS)9(Hydroxymethyl)6,6dimethyl3(2methyloctan2yl)
6a,7,10,10atetrahydrobenzo[c]chromen1ol).
IV. JWH051 ((6aR,10aR)9(Hydroxymethyl)6,6dimethyl3(2methyloctan2yl)
6a,7,10,10atetrahydrobenzo[c]chromene).
V. JWH133 ((6aR,10aR)6,6,9Trimethyl3(2methylpentan2yl)6a,7,10,10a
tetrahydrobenzo[c]chromene).
VI. JWH057 ((6aR,10aR)6,6,9Trimethyl3(2methyloctan2yl)6a,7,10,10a
tetrahydrobenzo[c]chromene).
VII. JWH359 ((6aR,10aR)1Methoxy6,6,9trimethyl3(2,3dimethylpentan2yl)
6a,7,10,10atetrahydrobenzo[c]chromene).
VIII. AM087 ((6aR,10aR)3(2Methyl6bromohex2
yl)6,6,9trimethyl6a,7,10,10atetrahydrobenzo[c]chromen1ol).
II. JWH011 (1(1Methylhexyl)2methyl3(1naphthoyl)indole).
JWH015 (1Propyl2methyl3(1naphthoyl)indole).
IV. JWH016 (1Butyl2methyl3(1naphthoyl)indole).
V. JWH018 (1Pentyl3(1naphthoyl)indole).
VI. JWH019 (1Hexyl3(1naphthoyl)indole).
VII. JWH020 (1Heptyl3(1naphthoyl)indole).
VIII. JWH022 (1(4Pentenyl)3(1naphthoyl)indole).
IX. JWH071 (1Ethyl3(1naphthoyl)indole).
X. JWH072 (1Propyl3(1naphthoyl)indole).
XI. JWH073 (1Butyl3(1naphthoyl)indole).
XII. JWH080 (1Butyl3(4methoxy1naphthoyl)indole).
XIII. JWH081 (1Pentyl3(4methoxy1naphthoyl)indole).
XIV. JWH098 (1Pentyl2methyl3(4methoxy1naphthoyl)indole).
XV. JWH116 (1Pentyl2ethyl3(1naphthoyl)indole).
XVI. JWH122 (1Pentyl3(4methyl1naphthoyl)indole).
XVII. JWH149 (1Pentyl2methyl3(4methyl1naphthoyl)indole).
XVIII. JWH164 (1Pentyl3(7methoxy1naphthoyl)indole).
XIX. JWH175 (1Pentyl3(1naphthylmethyl)indole).
JWH180 (1Propyl3(4propyl1naphthoyl)indole).
XXI. JWH182 (1Pentyl3(4propyl1naphthoyl)indole).
XXII. JWH184 (1Pentyl3[(4methyl)1naphthylmethyl]indole).
XXIII. JWH193 (1[2(4Morpholinyl)ethyl]3(4methyl1naphthoyl)indole).
XXIV. JWH198 (1[2(4Morpholinyl)ethyl]3(4methoxy1naphthoyl)indole).
XXV. JWH200 (1[2(4Morpholinyl)ethyl]3(1naphthoyl)indole).
XXVI. JWH210 (1Pentyl3(4ethyl1naphthoyl)indole).
XXVII. JWH387 (1Pentyl3(4bromo1naphthoyl)indole).
XXVIII. JWH398 (1Pentyl3(4chloro1naphthoyl)indole).
XXIX. JWH412 (1Pentyl3(4fluoro1naphthoyl)indole).
XXX. JWH424 (1Pentyl3(8bromo1naphthoyl)indole).
XXXI. AM1220 (1[(1Methyl2piperidinyl)methyl]3(1naphthoyl)indole).
XXXII. AM1235 (1(5Fluoropentyl)6nitro3(1naphthoyl)indole).
XXXIII. AM2201 (1(5Fluoropentyl)3(1naphthoyl)indole).
XXXIV. Chloro JWH018 (1(Chloropentyl)3(1naphthoyl)indole).
XXXV. Bromo JWH018 (1(Bromopentyl)3(1naphthoyl)indole).
XXXVI. AM2232 (1(4Cyanobutyl)3(1naphthoyl)indole).
XXXVII. THJ2201 (1(5Fluoropentyl)3(1naphthoyl)indazole).
XXXVIII. MAM2201 (1(5Fluoropentyl)3(4methyl1naphthoyl)indole).
XXXIX. EAM2201 (1(5Fluoropentyl)3(4ethyl1naphthoyl)indole).
XL. EG018 (9Pentyl3(1naphthoyl)carbazole).
XLI. EG2201 (9(5Fluoropentyl)3(1naphthoyl)carbazole).
c. Naphthoylpyrroles.—Any compound containing a naphthoylpyrrole structure, with
or without substitution on the pyrrole ring to any extent, whether or not substituted on the
naphthyl ring to any extent, including, but not limited to:
I. JWH030 (1Pentyl3(1naphthoyl)pyrrole).
II. JWH031 (1Hexyl3(1naphthoyl)pyrrole).
JWH145 (1Pentyl5phenyl3(1naphthoyl)pyrrole).
IV. JWH146 (1Heptyl5phenyl3(1naphthoyl)pyrrole).
V. JWH147 (1Hexyl5phenyl3(1naphthoyl)pyrrole).
naphthoyl)pyrrole).
naphthoyl)pyrrole).
naphthoyl)pyrrole).
naphthoyl)pyrrole).
X. JWH370 (1Pentyl5(2methylphenyl)3(
naphthoyl)pyrrole).
d. Naphthylmethylenindenes.—Any compound containing a naphthylmethylenindene
structure, with or without substitution at the 3position of the indene ring to any extent,
whether or not substituted on the naphthyl ring to any extent, including, but not limited
to, JWH176 (3Pentyl1(naphthylmethylene)indene).
e. Phenylacetylindoles and Phenylacetylindazoles.—
Any
compound containing a phenylacetylindole or phenylacetylindazole structure, with or
without substitution on the indole or indazole ring to any extent, whether or not
substituted
on the phenyl ring to any extent, including, but not limited to:
I. JWH167 (1Pentyl3(phenylacetyl)indole).
JWH201 (1Pentyl3(4methoxyphenylacetyl)indole).
III. JWH203 (1Pentyl3(2chlorophenylacetyl)indole).
IV. JWH250 (1Pentyl3(2methoxyphenylacetyl)indole).
V. JWH251 (1Pentyl3(2methylphenylacetyl)indole).
VI. JWH302 (1Pentyl3(3methoxyphenylacetyl)indole).
VII. Cannabipiperidiethanone.
VIII. RCS8 (1(2Cyclohexylethyl)3(2methoxyphenylacetyl)indole).
f. Cyclohexylphenols.—Any compound containing a cyclohexylphenol structure,
with or without substitution at the 5position of the phenolic ring to any extent, whether
or not substituted on the cyclohexyl ring to any extent, including, but not limited to:
I. CP 47,497 (2(3Hydroxycyclohexyl)5(2methyloctan2yl)phenol).
Cannabicyclohexanol (CP 47,497 dimethyloctyl (C8) homologue).
CP55,940 (2(3Hydroxy6propanolcyclohexyl)5(2methyloctan2yl)phenol).
g. Benzoylindoles and Benzoylindazoles.—Any compound containing a
benzoylindole or benzoylindazole structure, with or without substitution on the indole or
indazole ring to any extent,
whether or not substituted on the phenyl ring to any extent, including, but not limited to:
I. AM679 (1Pentyl3(2iodobenzoyl)indole).
II. AM694 (1(5Fluoropentyl)3(2iodobenzoyl)indole).
AM1241 (1[(NMethyl2piperidinyl)methyl]3(2iodo5nitrobenzoyl)indole).
IV. Pravadoline (1[2(4Morpholinyl)ethyl]2methyl3(4methoxybenzoyl)indole).
V. AM2233 (1[(NMethyl2piperidinyl)methyl]3(2iodobenzoyl)indole).
VI. RCS4 (1Pentyl3(4methoxybenzoyl)indole).
VII. RCS4 C4 homologue (1Butyl3(4methoxybenzoyl)indole).
VIII. AM630 (1[2(4Morpholinyl)ethyl]2methyl6iodo3(4
methoxybenzoyl)indole).
h. Tetramethylcyclopropanoylindoles and Tetramethylcyclopropanoylindazoles.—
Any compound containing a tetramethylcyclopropanoylindole or
tetramethylcyclopropanoylindazole structure, with or without substitution on the indole
or indazole ring to any extent, whether or not substituted on the tetramethylcyclopropyl
group to any extent, including, but not limited to:
I. UR144
tetramethylcyclopropanoyl)indole).
(1Pentyl3(2,2,3,3
II.
XLR11
(1(5Fluoropentyl)3(2,2,3,3
tetramethylcyclopropanoyl)indole).
III. Chloro UR144 (1(Chloropentyl)3(2,2,3,3tetramethylcyclopropanoyl)indole).
IV. A796,260 (1[2(4Morpholinyl)ethyl]3(2,2,3,3
tetramethylcyclopropanoyl)indole).
V. A834,735 (1[4(Tetrahydropyranyl)methyl]3(2,2,3,3
tetramethylcyclopropanoyl)indole).
VI. M144 (1(5Fluoropentyl)2methyl3(2,2,3,3
tetramethylcyclopropanoyl)indole).
VII. FUB144 (1(4Fluorobenzyl)3(2,2,3,3tetramethylcyclopropanoyl)indole).
VIII. FAB144 (1(5Fluoropentyl)3(2,2,3,3tetramethylcyclopropanoyl)indazole).
IX. XLR12 (1(4,4,4Trifluorobutyl)3(2,2,3,3
tetramethylcyclopropanoyl)indole).
X. AB005 (1[(1Methyl2piperidinyl)methyl]3(2,2,3,3
tetramethylcyclopropanoyl)indole).
i. Adamantoylindoles, Adamantoylindazoles, Adamantylindole carboxamides, and
Adamantylindazole carboxamides.—Any compound containing an adamantoyl indole,
adamantoyl indazole, adamantyl indole carboxamide, or adamantyl indazole carboxamide
structure, with or without substitution on the indole or indazole ring to any extent,
whether or not substituted on the adamantyl ring to any extent, including, but not limited
to:
I. AKB48 (NAdamant1yl 1pentylindazole3carboxamide).
Fluoro AKB48 (NAdamant1yl 1(fluoropentyl)indazole3carboxamide).
STS135 (NAdamant1yl 1(5fluoropentyl)indole3carboxamide).
IV. AM1248 (1(1Methylpiperidine)methyl3(1adamantoyl)indole).
V. AB001 (1Pentyl3(1adamantoyl)indole).
VI. APICA (NAdamant1yl 1pentylindole3carboxamide).
VII. Fluoro AB001 (1(Fluoropentyl)3(1adamantoyl)indole).
j. Quinolinylindolecarboxylates, Quinolinylindazolecarboxylates,
Quinolinylindolecarboxamides,
and Quinolinylindazolecarboxamides.—Any compound containing a quinolinylindole
carboxylate, quinolinylindazole
carboxylate, isoquinolinylindole carboxylate, isoquinolinylindazole carboxylate,
quinolinylindole carboxamide,
quinolinylindazole carboxamide, isoquinolinylindole carboxamide, or
isoquinolinylindazole carboxamide structure, with or without substitution on the indole or
indazole ring to any extent, whether or not substituted on the quinoline or isoquinoline
ring to any extent, including, but not limited to:
I. PB22 (8Quinolinyl 1pentylindole3carboxylate).
Fluoro PB22 (8Quinolinyl 1(fluoropentyl)indole3carboxylate).
III. BB22 (8Quinolinyl 1(cyclohexylmethyl)indole3carboxylate).
IV. FUBPB22 (8Quinolinyl 1(4fluorobenzyl)indole3carboxylate).
V. NPB22 (8Quinolinyl 1pentylindazole3carboxylate).
VI. Fluoro NPB22 (8Quinolinyl 1(fluoropentyl)indazole3carboxylate).
VII. FUBNPB22 (8Quinolinyl 1(4fluorobenzyl)indazole3carboxylate).
VIII. THJ (8Quinolinyl 1pentylindazole3carboxamide).
Fluoro SDB005 (1Naphthalenyl 1(fluoropentyl)indazole3carboxylate).
IV. FDUPB22 (1Naphthalenyl 1(4fluorobenzyl)indole3carboxylate).
V. 3CAF (2Naphthalenyl 1(2fluorophenyl)indazole3carboxylate).
l. Naphthylindole carboxamides and Naphthylindazole carboxamides.—Any
compound containing a naphthylindole carboxamide or naphthylindazole carboxamide
structure, with or without substitution on the indole or indazole ring to any extent,
whether or not substituted on the naphthyl ring to any extent, including, but not limited
to:
I. NNEI (NNaphthalen1yl 1pentylindole3carboxamide).
FluoroNNEI (NNaphthalen1yl 1(fluoropentyl)indole3carboxamide).
ChloroNNEI (NNaphthalen1yl 1(chloropentyl)indole3carboxamide).
IV. MN18 (NNaphthalen1yl 1pentylindazole3carboxamide).
V. Fluoro MN18 (NNaphthalen1yl 1(fluoropentyl)indazole3carboxamide).
m. Alkylcarbonyl indole carboxamides, Alkylcarbonyl indazole carboxamides,
Alkylcarbonyl indole carboxylates, and
Alkylcarbonyl indazole carboxylates.—Any compound containing an alkylcarbonyl
group, including 1amino3methyl1oxobutan2yl, 1methoxy3methyl1oxobutan2
yl, 1amino1oxo3phenylpropan2yl, 1methoxy1oxo3phenylpropan2yl, with an
indole carboxamide, indazole carboxamide, indole carboxylate, or indazole carboxylate,
with or without substitution on the indole or indazole ring to any extent, whether or not
substituted on the alkylcarbonyl group to any extent, including, but not limited to:
I. ADBICA, (N(1Amino3,3dimethyl1oxobutan2yl)1
pentylindole3carboxamide).
Fluoro ADBICA (N(1Amino3,3dimethyl1oxobutan2yl)1
(fluoropentyl)indole3carboxamide).
Fluoro ABICA (N(1Amino3methyl1oxobutan2yl)1(fluoropentyl)indole3
carboxamide).
IV. ABPINACA (N(1Amino3methyl1oxobutan2yl)1pentylindazole3
carboxamide).
V. Fluoro ABPINACA (N(1Amino3methyl1oxobutan2yl)1
(fluoropentyl)indazole3carboxamide).
VI. ADBPINACA (N(1Amino3,3dimethyl1oxobutan2yl)1pentylindazole3
carboxamide).
VII. Fluoro ADBPINACA (N(1Amino3,3dimethyl1oxobutan2yl)1
(fluoropentyl)indazole3carboxamide).
VIII. ABFUBINACA (N(1Amino3methyl1oxobutan2yl)1(4
fluorobenzyl)indazole3carboxamide).
IX. ADBFUBINACA (N(1Amino3,3dimethyl1oxobutan2yl)1(4
fluorobenzyl)indazole3carboxamide).
X. ABCHMINACA (N(1Amino3methyl1oxobutan2yl)1
(cyclohexylmethyl)indazole3carboxamide).
XI. MACHMINACA (N(1Methoxy3methyl1oxobutan2yl)1
(cyclohexylmethyl)indazole3carboxamide).
XII. MABCHMINACA (N(1Amino3,3dimethyl1oxobutan2yl)1
(cyclohexylmethyl)indazole3carboxamide).
XIII. AMB (N(1Methoxy3methyl1oxobutan2yl)1pentylindazole3
carboxamide).
XIV. FluoroAMB (N(1Methoxy3methyl1oxobutan2yl)1
(fluoropentyl)indazole3carboxamide).
XV. FUBAMB (N(1Methoxy3methyl1oxobutan2yl)1(4
fluorobenzyl)indazole3carboxamide).
XVI. MDMBCHMINACA (N(1Methoxy3,3dimethyl1oxobutan2yl)1
(cyclohexylmethyl)indazole3carboxamide).
XVII. MDMBFUBINACA (N(1Methoxy3,3dimethyl1oxobutan2yl)1(4
fluorobenzyl)indazole3carboxamide).
XVIII. MDMBCHMICA (N(1Methoxy3,3dimethyl1oxobutan2yl)1
(cyclohexylmethyl)indole3carboxamide).
XIX. PX1 (N(1Amino1oxo3phenylpropan2yl)1(5fluoropentyl)indole3
carboxamide).
XX. PX2 (N(1Amino1oxo3phenylpropan2yl)1(5fluoropentyl)indazole3
carboxamide).
XXI. PX3 (N(1Amino1oxo3phenylpropan2yl)1(cyclohexylmethyl)indazole
3carboxamide).
XXII. PX4 (N(1Amino1oxo3phenylpropan2yl)1(4fluorobenzyl)indazole3
carboxamide).
XXIII. MOCHMINACA (N(1Methoxy3,3dimethyl1oxobutan2yl)1
(cyclohexylmethyl)indazole3carboxylate).
n. Cumylindolecarboxamides and Cumylindazolecarboxamides.—Any compound
containing a N(2phenylpropan2yl) indole carboxamide or N(2phenylpropan2yl)
indazole carboxamide structure, with or without substitution on the indole or indazole
ring to any extent, whether or not
substituted on the phenyl ring of the cumyl group to any extent, including, but not limited
to:
I. CUMYLPICA (N(2Phenylpropan2yl)1pentylindole3carboxamide).
II. Fluoro CUMYLPICA (N(2Phenylpropan2yl)1(fluoropentyl)indole3
carboxamide).
o. Other Synthetic Cannabinoids.—Any material, compound, mixture, or preparation
that contains any quantity of a Synthetic Cannabinoid, as described in subsubparagraphs
a.n.:
I. With or without modification or replacement of a carbonyl, carboxamide, alkylene,
alkyl, or carboxylate linkage between either two core rings, or linkage between a core
ring and group structure, with or without the addition of a carbon or replacement of a
carbon;
With or without replacement of a core ring or group structure, whether or not
substituted on the ring or group structures to any extent; and
Is a cannabinoid receptor agonist, unless specifically excepted or unless listed in
another schedule or contained within a pharmaceutical product approved by the United
States Food and Drug Administration.
Substituted Cathinones.—Unless specifically excepted, listed in another schedule, or
contained within a pharmaceutical product approved by the United States Food and Drug
Administration, any material, compound, mixture, or preparation, including its salts,
isomers, esters, or ethers, and salts of isomers, esters, or ethers, whenever the existence of
such salts is possible
within any of the following specific chemical designations:
a. Any compound containing a 2amino1phenyl1propanone structure;
b. Any compound containing a 2amino1naphthyl1propanone structure; or
c. Any compound containing a 2amino1thiophenyl1propanone structure,
whether or not the compound is further modified:
I. With or without substitution on the ring system to any extent with alkyl, alkylthio,
thio, fused alkylenedioxy, alkoxy, haloalkyl, hydroxyl, nitro, fused furan, fused
benzofuran, fused dihydrofuran, fused tetrahydropyran, fused alkyl ring, or halide
substituents;
With or without substitution at the 3propanone position with an alkyl substituent or
removal of the methyl group at the 3propanone position;
With or without substitution at the 2amino nitrogen atom with alkyl, dialkyl, acetyl,
or benzyl groups, whether or not further substituted in the ring system; or
IV. With or without inclusion of the 2amino nitrogen atom in a cyclic structure,
including, but not limited to:
Methcathinone.
Ethcathinone.
Methylone (3,4Methylenedioxymethcathinone).
2,3Methylenedioxymethcathinone.
MDPV (3,4Methylenedioxypyrovalerone).
Methylmethcathinone.
Methoxymethcathinone.
Fluoromethcathinone.
Methylethcathinone.
Butylone (3,4Methylenedioxyalphamethylaminobutyrophenone).
Ethylone (3,4MethylenedioxyNethylcathinone).
BMDP (3,4MethylenedioxyNbenzylcathinone).
Naphyrone (Naphthylpyrovalerone).
Bromomethcathinone.
Buphedrone (alphaMethylaminobutyrophenone).
Eutylone (3,4Methylenedioxyalphaethylaminobutyrophenone).
Dimethylcathinone.
Dimethylmethcathinone.
Pentylone (3,4Methylenedioxyalphamethylaminovalerophenone).
Pentedrone (alphaMethylaminovalerophenone).
MDPPP (3,4Methylenedioxyalphapyrrolidinopropiophenone).
MDPBP (3,4Methylenedioxy
alpha
pyrrolidinobutyrophenone).
MPPP (Methylalphapyrrolidinopropiophenone).
PPP (Pyrrolidinopropiophenone).
PVP (Pyrrolidinovalerophenone) or (Pyrrolidinopentiophenone).
MOPPP (Methoxyalphapyrrolidinopropiophenone).
MPHP (Methylalphapyrrolidinohexanophenone).
FMABP (Fluoromethylaminobutyrophenone).
MeEABP (Methylethylaminobutyrophenone).
PBP (Pyrrolidinobutyrophenone).
MeOPBP (Methoxypyrrolidinobutyrophenone).
EtPBP (Ethylpyrrolidinobutyrophenone).
3Me4MeOMCAT (3Methyl4Methoxymethcathinone).
Dimethylone (3,4MethylenedioxyN,Ndimethylcathinone).
3,4MethylenedioxyN,Ndiethylcathinone.
3,4MethylenedioxyNacetylcathinone.
3,4MethylenedioxyNacetylmethcathinone.
3,4MethylenedioxyNacetylethcathinone.
Methylbuphedrone (Methylalphamethylaminobutyrophenone).
Methylalphamethylaminohexanophenone.
NEthylNmethylcathinone.
PHP (Pyrrolidinohexanophenone).
PV8 (Pyrrolidinoheptanophenone).
Chloromethcathinone.
4Bromo2,5dimethoxyalphaaminoacetophenone.
192. Substituted Phenethylamines.—Unless specifically excepted or unless listed in
another schedule, or contained within a pharmaceutical product approved by the United
States Food and Drug Administration, any material, compound, mixture, or preparation,
including its salts, isomers, esters, or ethers, and salts of isomers, esters, or ethers,
whenever the existence of such salts is possible within any of the following specific
chemical designations, any compound containing a phenethylamine structure, without a
betaketo group, and without a benzyl group attached to the amine group, whether or not
the compound is further modified with or without substitution on the phenyl ring to any
extent with alkyl, alkylthio, nitro, alkoxy, thio, halide, fused alkylenedioxy, fused furan,
fused benzofuran, fused dihydrofuran, or fused tetrahydropyran substituents, whether or
not further substituted on a ring to any extent, with or without substitution at the alpha or
beta position by any alkyl substituent, with or without substitution at the nitrogen atom,
and with or without inclusion of the 2amino nitrogen atom in a cyclic structure,
including, but not limited to:
a. 2CB (4Bromo2,5dimethoxyphenethylamine).
b. 2CE (4Ethyl2,5dimethoxyphenethylamine).
c. 2CT4 (4Isopropylthio2,5dimethoxyphenethylamine).
d. 2CC (4Chloro2,5dimethoxyphenethylamine).
e. 2CT (4Methylthio2,5dimethoxyphenethylamine).
f. 2CT2 (4Ethylthio2,5dimethoxyphenethylamine).
g. 2CT7 (4(n)Propylthio2,5dimethoxyphenethylamine).
h. 2CI (4Iodo2,5dimethoxyphenethylamine).
i. 2CD (4Methyl2,5dimethoxyphenethylamine).
j. 2CH (2,5Dimethoxyphenethylamine).
k. 2CN (4Nitro2,5dimethoxyphenethylamine).
l. 2CP (4(n)Propyl2,5dimethoxyphenethylamine).
m. MDMA (3,4Methylenedioxymethamphetamine).
n. MBDB (Methylbenzodioxolylbutanamine) or (3,4MethylenedioxyN
methylbutanamine).
o. MDA (3,4Methylenedioxyamphetamine).
2,5Dimethoxyamphetamine.
Fluoroamphetamine.
Fluoromethamphetamine.
MDEA (3,4MethylenedioxyNethylamphetamine).
DOB (4Bromo2,5dimethoxyamphetamine).
DOC (4Chloro2,5dimethoxyamphetamine).
DOET (4Ethyl2,5dimethoxyamphetamine).
DOI (4Iodo2,5dimethoxyamphetamine).
x. DOM (4Methyl2,5dimethoxyamphetamine).
y. PMA (4Methoxyamphetamine).
z. NEthylamphetamine.
3,4MethylenedioxyNhydroxyamphetamine.
5Methoxy3,4methylenedioxyamphetamine.
PMMA (4Methoxymethamphetamine).
N,NDimethylamphetamine.
3,4,5Trimethoxyamphetamine.
4APB (4(2Aminopropyl)benzofuran).
5APB (5(2Aminopropyl)benzofuran).
6APB (6(2Aminopropyl)benzofuran).
7APB (7(2Aminopropyl)benzofuran).
4APDB (4(2Aminopropyl)2,3dihydrobenzofuran).
5APDB (5(2Aminopropyl)2,3dihydrobenzofuran).
6APDB (6(2Aminopropyl)2,3dihydrobenzofuran).
7APDB (7(2Aminopropyl)2,3dihydrobenzofuran).
4MAPB (4(2Methylaminopropyl)benzofuran).
5MAPB (5(2Methylaminopropyl)benzofuran).
6MAPB (6(2Methylaminopropyl)benzofuran).
7MAPB (7(2Methylaminopropyl)benzofuran).
5EAPB (5(2Ethylaminopropyl)benzofuran).
ss. 5MAPDB (5(2Methylaminopropyl)2,3dihydrobenzofuran),
which does not include phenethylamine, mescaline as described in subparagraph 20.,
substituted cathinones as described in subparagraph 191., NBenzyl phenethylamine
compounds as described in subparagraph 193., or methamphetamine as described in
subparagraph (2)(c)4.
193. NBenzyl Phenethylamine Compounds.—Unless specifically excepted or unless
listed in another schedule, or contained within a pharmaceutical product approved by the
United States Food and Drug Administration, any material, compound, mixture, or
preparation, including its salts, isomers, esters, or ethers, and salts of isomers, esters, or
ethers, whenever the existence of such salts is possible within any of the following
specific chemical designations, any compound containing a phenethylamine structure
without a betaketo group, with substitution on the nitrogen atom of the amino group with
a benzyl substituent, with or without substitution on the phenyl or benzyl ring to any
extent with alkyl, alkoxy, thio, alkylthio, halide, fused alkylenedioxy, fused furan, fused
benzofuran, or fused tetrahydropyran substituents, whether or not further substituted on a
ring to any extent, with or without substitution at the alpha position by any alkyl
substituent, including, but not limited to:
a. 25BNBOMe (4Bromo2,5dimethoxy[N(2methoxybenzyl)]phenethylamine).
b. 25BNBOH (4Bromo2,5dimethoxy[N(2
hydroxybenzyl)]phenethylamine).
c. 25BNBF (4Bromo2,5dimethoxy[N(
fluorobenzyl)]phenethylamine).
d. 25BNBMD (4Bromo2,5dimethoxy[N(2,
methylenedioxybenzyl)]phenethylamine).
e. 25INBOMe (4Iodo2,5dimethoxy[N(
methoxybenzyl)]phenethylamine).
f. 25INBOH (4Iodo2,5dimethoxy[N(
hydroxybenzyl)]phenethylamine).
g. 25INBF (4Iodo2,5dimethoxy[N(
fluorobenzyl)]phenethylamine).
h. 25INBMD (4Iodo2,5dimethoxy[N(2,
methylenedioxybenzyl)]phenethylamine).
i. 25T2NBOMe (4Methylthio2,5dimethoxy[N(2
methoxybenzyl)]phenethylamine).
j. 25T4NBOMe (4Isopropylthio2,5dimethoxy[N(2
methoxybenzyl)]phenethylamine).
k. 25T7NBOMe (4(n)Propylthio2,5dimethoxy[N(2
methoxybenzyl)]phenethylamine).
l. 25CNBOMe (4Chloro2,5dimethoxy[N(2methoxybenzyl)]phenethylamine).
m. 25CNBOH (4Chloro2,5dimethoxy[N(2hydroxybenzyl)]phenethylamine).
n. 25CNBF
fluorobenzyl)]phenethylamine).
(4Chloro2,5dimethoxy[N(2
o. 25CNBMD (4Chloro2,5dimethoxy[N(2,3
methylenedioxybenzyl)]phenethylamine).
p. 25HNBOMe
methoxybenzyl)]phenethylamine).
(2,5Dimethoxy[N(2
q. 25HNBOH
hydroxybenzyl)]phenethylamine).
(2,5Dimethoxy[N(2
r. 25HNBF
fluorobenzyl)]phenethylamine).
(2,5Dimethoxy[N(2
s. 25DNBOMe (4Methyl2,5dimethoxy[N(2
methoxybenzyl)]phenethylamine),
which does not include substituted cathinones as described in subparagraph 191.
Substituted Tryptamines.—Unless specifically excepted or unless listed in another
schedule, or contained within a pharmaceutical product approved by the United States
Food and Drug Administration, any material, compound, mixture, or preparation
containing a 2(1Hindol3yl)ethanamine, for example tryptamine, structure with or
without mono or disubstitution of the amine nitrogen with alkyl or alkenyl groups, or by
inclusion of the amino nitrogen atom in a cyclic structure, whether or not substituted at
the alpha position with an alkyl group, whether or not substituted on the indole ring to
any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy groups, including, but not
limited to:
AlphaEthyltryptamine.
Bufotenine.
DET (Diethyltryptamine).
d. DMT (Dimethyltryptamine).
e. MET (NMethylNethyltryptamine).
f. DALT (N,NDiallyltryptamine).
g. EiPT (NEthylNisopropyltryptamine).
h. MiPT (NMethylNisopropyltryptamine).
i. 5HydroxyAMT (5Hydroxyalphamethyltryptamine).
j. 5HydroxyNmethyltryptamine.
k. 5MeOMiPT (5MethoxyNmethylNisopropyltryptamine).
l. 5MeOAMT (5Methoxyalphamethyltryptamine).
Methyltryptamine.
5MeODMT (5MethoxyN,Ndimethyltryptamine).
5MeDMT (5MethylN,Ndimethyltryptamine).
5MeODiPT (5MethoxyN,NDiisopropyltryptamine).
DiPT (N,NDiisopropyltryptamine).
DPT (N,NDipropyltryptamine).
4HydroxyDiPT (4HydroxyN,Ndiisopropyltryptamine).
5MeODALT (5MethoxyN,NDiallyltryptamine).
4AcODMT (4AcetoxyN,Ndimethyltryptamine).
4AcODiPT (4AcetoxyN,Ndiisopropyltryptamine).
4HydroxyDET (4HydroxyN,Ndiethyltryptamine).
x. 4HydroxyMET (4HydroxyNmethylNethyltryptamine).
y. 4HydroxyMiPT (4HydroxyNmethylNisopropyltryptamine).
z. Methylalphaethyltryptamine.
aa. BromoDALT (BromoN,Ndiallyltryptamine),
which does not include tryptamine, psilocyn as described in subparagraph 34., or
psilocybin as described in subparagraph 33.
Substituted Phenylcyclohexylamines.—Unless specifically excepted or unless listed
in another schedule, or contained within a pharmaceutical product approved by the
United States Food and Drug Administration, any material, compound, mixture, or
preparation containing a phenylcyclohexylamine structure, with or without any
substitution on the phenyl ring, any substitution on the cyclohexyl ring, any replacement
of the phenyl ring with a thiophenyl or benzothiophenyl ring, with or without substitution
on the amine with alkyl, dialkyl, or alkoxy substituents, inclusion of the nitrogen in a
cyclic structure, or any combination of the above, including, but not limited to:
a. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP (Benocyclidine).
b. PCE (NEthyl1phenylcyclohexylamine)(Ethylamine analog of phencyclidine).
c. PCPY (N(1Phenylcyclohexyl)pyrrolidine)(Pyrrolidine analog of phencyclidine).
d. PCPr (Phenylcyclohexylpropylamine).
e. TCP (1[1(2Thienyl)cyclohexyl]piperidine)(Thiophene analog of
phencyclidine).
f. PCEEA (Phenylcyclohexyl(ethoxyethylamine)).
g. PCMPA (Phenylcyclohexyl(methoxypropylamine)).
Methoxetamine.
3MethoxyPCE ((3Methoxyphenyl)cyclohexylethylamine).
BromoPCP ((Bromophenyl)cyclohexylpiperidine).
ChloroPCP ((Chlorophenyl)cyclohexylpiperidine).
FluoroPCP ((Fluorophenyl)cyclohexylpiperidine).
HydroxyPCP ((Hydroxyphenyl)cyclohexylpiperidine).
MethoxyPCP ((Methoxyphenyl)cyclohexylpiperidine).
MethylPCP ((Methylphenyl)cyclohexylpiperidine).
NitroPCP ((Nitrophenyl)cyclohexylpiperidine).
OxoPCP ((Oxophenyl)cyclohexylpiperidine).
AminoPCP ((Aminophenyl)cyclohexylpiperidine).
Gammabutyrolactone (GBL).
Gammahydroxybutyric acid (GHB).
Methaqualone.
Mecloqualone.
SCHEDULE II.—A substance in Schedule II has a high potential for abuse and has a
currently accepted but severely restricted medical use in treatment in the United States,
and abuse of the substance may lead to severe psychological or physical dependence. The
following substances are controlled in Schedule II:
Unless specifically excepted or unless listed in another schedule, any of the following
substances, whether produced directly or indirectly by extraction from substances of
vegetable origin or independently by means of chemical synthesis:
Opium and any salt, compound, derivative, or preparation of opium, except
nalmefene or isoquinoline alkaloids of opium, including, but not limited to the following:
a. Raw opium.
b. Opium extracts.
c. Opium fluid extracts.
d. Powdered opium.
e. Granulated opium.
f. Tincture of opium.
g. Codeine.
Ethylmorphine.
Etorphine hydrochloride.
Hydrocodone.
Hydromorphone.
Levoalphacetylmethadol (also known as levoalphaacetylmethadol, levomethadyl
acetate, or LAAM).
Metopon (methyldihydromorphinone).
Morphine.
Oxycodone.
Oxymorphone.
Thebaine.
Any salt, compound, derivative, or preparation of a substance which is chemically
equivalent to or identical with any of the substances referred to in subparagraph 1., except
that these substances shall not include the isoquinoline alkaloids of opium.
Any part of the plant of the species Papaver somniferum, L.
Cocaine or ecgonine, including any of their stereoisomers, and any salt, compound,
derivative, or preparation of cocaine or ecgonine.
Unless specifically excepted or unless listed in another schedule, any of the following
substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and
ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within
the specific chemical designation:
Alfentanil.
Alphaprodine.
Anileridine.
Bezitramide.
Bulk propoxyphene (nondosage forms).
Carfentanil.
Dihydrocodeine.
Diphenoxylate.
Fentanyl.
Isomethadone.
Levomethorphan.
Levorphanol.
Metazocine.
Methadone.
MethadoneIntermediate,4cyano2dimethylamino4,4diphenylbutane.
16. MoramideIntermediate,2methyl3morpholoino1,1diphenylpropane
carboxylic acid.
Nabilone.
Pethidine (meperidine).
19. PethidineIntermediateA,4cyano1methyl4phenylpiperidine.
20. PethidineIntermediateB,ethyl4phenylpiperidine4carboxylate.
PethidineIntermediateC,1methyl4phenylpiperidine4carboxylic acid.
Phenazocine.
Phencyclidine.
1Phenylcyclohexylamine.
Piminodine.
1Piperidinocyclohexanecarbonitrile.
Racemethorphan.
Racemorphan.
Sufentanil.
Amphetamine.
Glutethimide.
Methamphetamine.
Methylphenidate.
Pentobarbital.
Phenmetrazine.
Phenylacetone.
Secobarbital.
SCHEDULE III.—A substance in Schedule III has a potential for abuse less than the
substances contained in Schedules I and II and has a currently accepted medical use in
treatment in the United States, and abuse of the substance may lead to moderate or low
physical dependence or high psychological dependence or, in the case of anabolic
steroids, may lead to physical damage. The following substances are controlled in
Schedule III:
Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following
substances having a depressant or stimulant effect on the nervous system:
Any substance which contains any quantity of a derivative of barbituric acid,
including thiobarbituric acid, or any salt of a derivative of barbituric acid or
thiobarbituric acid, including, but not limited to, butabarbital and butalbital.
Benzphetamine.
Chlorhexadol.
Chlorphentermine.
Clortermine.
Lysergic acid.
Lysergic acid amide.
Methyprylon.
Phendimetrazine.
Sulfondiethylmethane.
Sulfonethylmethane.
Sulfonmethane.
Tiletamine and zolazepam or any salt thereof.
(b) Nalorphine.
Unless specifically excepted or schedule, any material, compound, containing limited
quantities of any of substances or any salts thereof:
unless listed in another mixture, or preparation the following controlled
Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid
of opium.
Not more than 1.8 grams of codeine per 100 milliliters or not more than 90
milligrams per dosage unit, with recognized therapeutic amounts of one or more active
ingredients which are not controlled substances.
Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15
milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid
of opium.
Not more than 300 milligrams of hydrocodone per 100 milliliters or not more than 15
milligrams per dosage unit, with recognized therapeutic amounts of one or more active
ingredients that are not controlled substances.
Not more than 1.8 grams of dihydrocodeine per 100 milliliters or not more than 90
milligrams per dosage unit, with recognized therapeutic amounts of one or more active
ingredients which are not controlled substances.
Not more than 300 milligrams of ethylmorphine per 100 milliliters or not more than
15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.
Not more than 50 milligrams of morphine per 100 milliliters or per 100 grams, with
recognized therapeutic amounts of one or more active ingredients which are not
controlled substances.
For purposes of charging a person with a violation of s. 893.135 involving any
controlled substance described in subparagraph 3. or subparagraph 4., the controlled
substance is a Schedule III controlled substance pursuant to this paragraph but the weight
of the controlled substance per milliliters or per dosage unit is not relevant to the
charging of a violation of s. 893.135. The weight of the controlled substance shall be
determined pursuant to s. 893.135(6).
(d) Anabolic steroids.
The term “anabolic steroid” means any drug or hormonal substance, chemically and
pharmacologically related to testosterone, other than estrogens, progestins, and
corticosteroids, that promotes muscle growth and includes:
Androsterone.
Androsterone acetate.
Boldenone.
Boldenone acetate.
Boldenone benzoate.
Boldenone undecylenate.
Chlorotestosterone (Clostebol).
Dehydrochlormethyltestosterone.
Dihydrotestosterone (Stanolone).
Drostanolone.
Ethylestrenol.
Fluoxymesterone.
Formebulone (Formebolone).
Mesterolone.
Methandrostenolone (Methandienone).
Methandranone.
Methandriol.
Methenolone.
Methyltestosterone.
Mibolerone.
Nortestosterone (Nandrolone).
Norethandrolone.
Nortestosterone decanoate.
x. Nortestosterone phenylpropionate.
y. Nortestosterone propionate.
Oxandrolo
ne. aa.
Oxymester
one. bb.
Oxymethol
one. cc.
Stanozolol.
dd.
Testolacto
ne. ee.
Testostero
ne.
ff. Testosterone acetate. gg.
Testosterone benzoate. hh.
Testosterone cypionate. ii.
Testosterone decanoate. jj.
Testosterone enanthate. kk.
Testosterone isocaproate.
ll. Testosterone oleate.
mm. Testosterone phenylpropionate. nn.
Testosterone propionate.
oo. Testosterone
undecanoate. pp. Trenbolone.
qq. Trenbolone acetate.
rr. Any salt, ester, or isomer of a drug or substance described or
listed in this subparagraph if that salt, ester, or isomer promotes muscle growth.
The term does not include an anabolic steroid that is expressly intended for
administration through implants to cattle or other nonhuman species and that has been
approved by the United States Secretary of Health and Human Services for such
administration. However, any person who prescribes, dispenses, or distributes such a
steroid for human use is considered to have prescribed, dispensed, or distributed an
anabolic steroid within the meaning of this paragraph.
Ketamine, including any isomers, esters, ethers, salts, and salts of isomers, esters,
and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible
within the specific chemical designation.
Dronabinol (synthetic THC) in sesame oil and encapsulated in a soft gelatin capsule
in a drug product approved by the United States Food and Drug Administration.
Any drug product containing gammahydroxybutyric acid, including its salts,
isomers, and salts of isomers, for which an application is approved under s. 505 of the
Federal Food, Drug, and Cosmetic Act.
SCHEDULE IV.—A substance in Schedule IV has a low potential for abuse relative
to the substances in Schedule III and has a currently accepted medical use in treatment in
the United States, and abuse of the substance may lead to limited physical or
psychological dependence relative to the substances in Schedule III. Unless specifically
excepted or unless listed in another schedule, any material, compound, mixture, or
preparation which
contains any quantity of the following substances, including its salts, isomers, and salts of
isomers whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation, are controlled in Schedule IV:
Alprazolam.
Barbital.
Bromazepam.
Camazepam.
Cathine.
Chloral betaine.
Chloral hydrate.
Chlordiazepoxide.
Clobazam.
Clonazepam.
Clorazepate.
Clotiazepam.
Cloxazolam.
Delorazepam.
Propoxyphene (dosage forms).
Diazepam.
Diethylpropion.
Estazolam.
Ethchlorvynol.
Ethinamate.
Ethyl loflazepate.
Fencamfamin.
1
Fenfluramine.
Fenproporex.
Fludiazepam.
Flurazepam.
Halazepam.
Haloxazolam.
Ketazolam.
Loprazolam.
Lorazepam.
Lormetazepam.
Mazindol.
Mebutamate.
Medazepam.
Mefenorex.
Meprobamate.
Methohexital.
Methylphenobarbital.
Midazolam.
Nimetazepam.
Nitrazepam.
Nordiazepam.
Oxazepam.
Oxazolam.
Paraldehyde.
Pemoline.
Pentazocine.
Phenobarbital.
Phentermine.
Pinazepam.
Pipradrol.
Prazepam.
Tetrazepam.
SPA[()1 dimethylamino1, 2 diphenylethane].
Temazepam.
Triazolam.
Not more than 1 milligram of difenoxin and not less than 25 micrograms of atropine
sulfate per dosage unit.
Butorphanol tartrate.
Carisoprodol.
SCHEDULE V.—A substance, compound, mixture, or preparation of a substance in
Schedule V has a low potential for abuse relative to the substances in Schedule IV and
has a currently accepted medical use in treatment in the United States, and abuse of such
compound, mixture, or preparation may lead to limited physical or psychological
dependence relative to the substances in Schedule IV.
Substances controlled in Schedule V include any compound, mixture, or preparation
containing any of the following limited quantities of controlled substances, which shall
include one or more active medicinal ingredients which are not controlled substances in
sufficient proportion to confer upon the compound, mixture, or preparation valuable
medicinal qualities other than those possessed by the controlled substance alone:
Not more than 200 milligrams of codeine per 100 milliliters or per 100 grams.
Not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
grams.
Not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams.
Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit.
Not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation containing any of the following narcotic
drugs and their salts: Buprenorphine.
Stimulants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system, including its salts,
isomers, and salts of isomers: Pyrovalerone.
1
Section 1, ch. 971, added paragraph (4)(w) listing fenfluramine. Section 5, ch. 971,
repealed paragraph (4)(w) effective upon the removal of fenfluramine from the schedules
of controlled substances in 21 C.F.R. s. 1308. The Drug Enforcement Administration of
the United States Department of Justice filed a proposed final rule removing fenfluramine
from the schedules, see 62 F.R. 24620, May 6, 1997.
893.033. Listed chemicals.
The chemicals listed in this section are included by whatever official, common,
usual, chemical, or trade name designated.
PRECURSOR CHEMICALS.—The term “listed precursor chemical” means a
chemical that may be used in manufacturing a controlled substance in violation of this
chapter and is critical to the creation of the controlled substance, and such term includes
any salt, optical isomer, or salt of an optical isomer, whenever the
existence of such salt, optical isomer, or salt of optical isomer is possible within the
specific chemical designation. The following are “listed precursor chemicals”:
Anthranilic acid.
Benzaldehyde.
Benzyl cyanide.
Chloroephedrine.
Chloropseudoephedrine.
Ephedrine.
Ergonovine.
Ergotamine.
Ergocristine.
Ethylamine.
Iodine tincture above 2.2 percent.
Isosafrole.
Methylamine.
3, 4Methylenedioxyphenyl2propanone.
NAcetylanthranilic acid.
NEthylephedrine.
NEthylpseudoephedrine.
NMethylephedrine.
NMethylpseudoephedrine.
ANPP (4AnilinoNphenethyl4piperidine).
NPP (NPhenethyl4piperidone).
Nitroethane.
Norpseudoephedrine.
Phenylacetic acid.
Phenylpropanolamine.
Piperidine.
Piperonal.
Propionic anhydride.
Pseudoephedrine.
Safrole.
Acetone.
Ammonium salts, including, but not limited to, nitrate, sulfate, phosphate, or
chloride.
Anhydrous ammonia.
Benzoquinone.
Benzyl chloride.
2Butanone.
Ethyl ether.
Formic acid.
Hydrochloric acid.
Hydriodic acid.
Iodine.
Lithium.
Organic solvents, including, but not limited to, Coleman Fuel, camping fuel, ether,
toluene, or lighter fluid.
Organic cosolvents, including, but not limited to, glycerol, propylene glycol, or
polyethylene glycol.
Potassium dichromate.
Potassium permanganate.
Sodium.
Sodium dichromate.
Sodium borohydride.
Sodium cyanoborohydride.
Sodium hydroxide.
Sulfuric acid.
893.04. Pharmacist and practitioner.
A pharmacist, in good faith and in the course of professional practice only, may
dispense controlled substances upon a written or oral prescription of a practitioner, under
the following conditions:
Oral prescriptions must be promptly reduced to writing by the pharmacist or recorded
electronically if permitted by federal law.
The written prescription must be dated and signed by the prescribing practitioner on
the day when issued.
There shall appear on the face of the prescription or written record thereof for the
controlled substance the following information:
The full name and address of the person for whom, or the owner of the animal for
which, the controlled substance is dispensed.
The full name and address of the prescribing practitioner and the practitioner’s
federal controlled substance registry number shall be printed thereon.
If the prescription is for an animal, the species of animal for which the controlled
substance is prescribed.
The name of the controlled substance prescribed and the strength, quantity, and
directions for use thereof.
The number of the prescription, as recorded in the prescription files of the pharmacy
in which it is filled.
The initials of the pharmacist filling the prescription and the date filled.
The prescription shall be retained on file by the proprietor of the pharmacy in which
it is filled for a period of 2 years.
Affixed to the original container in which a controlled substance is delivered upon a
prescription or authorized refill thereof, as hereinafter provided, there shall be a label
bearing the following information:
The name and address of the pharmacy from which such controlled substance was
dispensed.
The date on which the prescription for such controlled substance was filled.
The number of such prescription, as recorded in the prescription files of the
pharmacy in which it is filled.
The name of the prescribing practitioner.
The name of the patient for whom, or of the owner and species of the animal for
which, the controlled substance is prescribed.
The directions for the use of the controlled substance prescribed in the prescription.
A clear, concise warning that it is a crime to transfer the controlled substance to any
person other than the patient for whom prescribed.
A prescription for a controlled substance listed in Schedule II may be dispensed only
upon a written prescription of a practitioner, except that in an emergency situation, as
defined by regulation of the Department of Health, such controlled substance may be
dispensed upon oral prescription but is limited to a 72
hour supply. A prescription for a controlled substance listed in Schedule II may not be
refilled.
A prescription for a controlled substance listed in Schedule III, Schedule IV, or
Schedule V may not be filled or refilled more than five times within a period of 6 months
after the date on which the prescription was written unless the prescription is renewed by
a practitioner.
(a) A pharmacist may not dispense a controlled substance listed in Schedule II,
Schedule III, or Schedule IV to any patient or patient’s agent without first determining, in
the exercise of her or his professional judgment, that the prescription is valid. The
pharmacist may dispense the controlled substance, in the exercise of her or his
professional judgment, when the pharmacist or pharmacist’s agent has obtained
satisfactory patient information from the patient or the patient’s agent.
Any pharmacist who dispenses by mail a controlled substance listed in Schedule II,
Schedule III, or Schedule IV is exempt from the requirement to obtain suitable
identification for the prescription dispensed by mail if the pharmacist has obtained the
patient’s identification through the patient’s prescription benefit plan.
Any controlled substance listed in Schedule III or Schedule IV may be dispensed by
a pharmacist upon an oral prescription if, before filling the prescription, the pharmacist
reduces it to writing or records the prescription electronically if permitted by federal law.
Such prescriptions must contain the date of the oral authorization.
Each prescription written by a practitioner in this state for a
controlled substance listed in Schedule II, Schedule III, or Schedule IV must include a
written and a numerical notation of the quantity of the controlled substance prescribed
and a notation of the date in numerical, month/day/year format, or with the abbreviated
month written out, or the month written out in whole. A pharmacist may, upon
verification by the prescriber, document any information required by this paragraph. If
the prescriber is not available to verify a prescription, the pharmacist may dispense the
controlled substance, but may insist that the person to whom the controlled substance is
dispensed provide valid photographic identification. If a prescription includes a
numerical notation of the quantity of the controlled substance or date, but does not
include the quantity or date written out in textual format, the pharmacist may dispense the
controlled substance without verification by the prescriber of the quantity or date if the
pharmacy previously dispensed another prescription for the person to whom the
prescription was written.
A pharmacist may not dispense more than a 30day supply of a controlled substance
listed in Schedule III upon an oral prescription issued in this state.
A pharmacist may not knowingly dispense a prescription that has been forged for a
controlled substance listed in Schedule II, Schedule III, or Schedule IV.
Notwithstanding subsection (1), a pharmacist may dispense a onetime emergency
refill of up to a 72hour supply of the prescribed medication for any medicinal drug other
than a medicinal drug listed in Schedule II, or up to one vial of insulin to treat diabetes
mellitus, in compliance with s. 465.0275.
The legal owner of any stock of controlled substances in a pharmacy, upon
discontinuance of dealing in controlled substances, may sell said stock to a manufacturer,
wholesaler, or pharmacy. Such controlled substances may be sold only upon an order
form, when such an order form is required for sale by the drug abuse laws of the United
States or this state, or regulations pursuant thereto.
893.05. Practitioners and persons administering controlled substances in their
absence.
(a) A practitioner, in good faith and in the course of his or her professional practice
only, may prescribe, administer, dispense, mix, or otherwise prepare a controlled
substance, or the practitioner may cause the controlled substance to be administered by a
licensed nurse or an intern practitioner under his or her direction and supervision only.
Pursuant to s. 458.347(4)(g), s. 459.022(4)(f), or s. 464.012(3), as applicable, a
practitioner who supervises a licensed physician assistant or advanced registered nurse
practitioner may authorize the licensed physician assistant or advanced registered nurse
practitioner to order controlled substances for administration to a patient in a facility
licensed under chapter 395 or part II of chapter 400.
A veterinarian may prescribe, administer, dispense, mix, or prepare a controlled
substance for use on animals only, and may cause the controlled substance to be
administered by an assistant or orderly under the veterinarian’s direction and supervision
only.
A certified optometrist licensed under chapter 463 may not
administer or prescribe a controlled substance listed in Schedule I or Schedule II of s.
893.03.
When any controlled substance is dispensed by a practitioner, there shall be affixed
to the original container in which the controlled substance is delivered a label on which
appears:
The date of delivery.
The directions for use of such controlled substance.
The name and address of such practitioner.
The name of the patient and, if such controlled substance is prescribed for an animal,
a statement describing the species of the animal.
A clear, concise warning that it is a crime to transfer the controlled substance to any
person other than the patient for whom prescribed.
Any person who obtains from a practitioner or the practitioner’s agent, or pursuant to
prescription, any controlled substance for administration to a patient during the absence
of such practitioner shall return to such practitioner any unused portion of such controlled
substance when it is no longer required by the patient.
893.06. Distribution of controlled substances; order forms; labeling and
packaging requirements.
Controlled substances in Schedules I and II shall be distributed by a duly licensed
manufacturer, distributor, or
wholesaler to a duly licensed manufacturer, wholesaler, distributor, practitioner,
pharmacy, as defined in chapter 465, hospital, or laboratory only pursuant to an order
form. It shall be deemed a compliance with this subsection if the parties to the transaction
have complied with federal law respecting the use of order forms.
Possession or control of controlled substances obtained as authorized by this section
shall be lawful if in the regular course of business, occupation, profession, employment,
or duty.
A person in charge of a hospital or laboratory or in the employ of this state or of any
other state, or of any political subdivision thereof, and a master or other proper officer of
a ship or aircraft, who obtains controlled substances under the provisions of this section
or otherwise, shall not administer, dispense, or otherwise use such controlled substances
within this state, except within the scope of her or his employment or official duty, and
then only for scientific or medicinal purposes and subject to the provisions of this
chapter.
It shall be unlawful to distribute a controlled substance in a commercial container
unless such container bears a label showing the name and address of the manufacturer,
the quantity, kind, and form of controlled substance contained therein, and the identifying
symbol for such substance, as required by federal law. No person except a pharmacist, for
the purpose of dispensing a prescription, or a practitioner, for the purpose of dispensing a
controlled substance to a patient, shall alter, deface, or remove any labels so affixed.
893.065. Counterfeitresistant prescription blanks for
controlled substances listed in Schedule II, Schedule III, Schedule IV, or
Schedule V.
The Department of Health shall develop and adopt by rule the form and content for a
counterfeitresistant prescription blank which must be used by practitioners for the
purpose of prescribing a controlled substance listed in Schedule II, Schedule III, Schedule
IV, or Schedule V pursuant to s. 456.42. The Department of Health may require the
prescription blanks to be printed on distinctive, watermarked paper and to bear the
preprinted name, address, and category of professional licensure of the practitioner and
that practitioner’s federal registry number for controlled substances. The prescription
blanks may not be transferred.
893.07. Records.
Every person who engages in the manufacture, compounding, mixing, cultivating,
growing, or by any other process producing or preparing, or in the dispensing,
importation, or, as a wholesaler, distribution, of controlled substances shall:
On January 1, 1974, or as soon thereafter as any person first engages in such activity,
and every second year thereafter, make a complete and accurate record of all stocks of
controlled substances on hand. The inventory may be prepared on the regular physical
inventory date which is nearest to, and does not vary by more than 6 months from, the
biennial date that would otherwise apply. As additional substances are designated for
control under this chapter, they shall be inventoried as provided for in this subsection.
On and after January 1, 1974, maintain, on a current basis, a complete and accurate
record of each substance manufactured, received, sold, delivered, or otherwise disposed
of by him or her, except that this subsection shall not require the maintenance of a
perpetual inventory.
Compliance with the provisions of federal law pertaining to the keeping of records of
controlled substances shall be deemed a compliance with the requirements of this
subsection.
The record of controlled substances received shall in every case show:
The date of receipt.
The name and address of the person from whom received.
The kind and quantity of controlled substances received.
The record of all controlled substances sold, administered, dispensed, or otherwise
disposed of shall show:
The date of selling, administering, or dispensing.
The correct name and address of the person to whom or for whose use, or the owner
and species of animal for which, sold, administered, or dispensed.
The kind and quantity of controlled substances sold, administered, or dispensed.
Every inventory or record required by this chapter, including prescription records,
shall be maintained:
Separately from all other records of the registrant, or
Alternatively, in the case of Schedule III, IV, or V
controlled substances, in such form that information required by this chapter is readily
retrievable from the ordinary business records of the registrant.
In either case, the records described in this subsection shall be kept and made
available for a period of at least 2 years for inspection and copying by law enforcement
officers whose duty it is to enforce the laws of this state relating to controlled substances.
Law enforcement officers are not required to obtain a subpoena, court order, or search
warrant in order to obtain access to or copies of such records.
(5) Each person described in subsection (1) shall:
Maintain a record which shall contain a detailed list of controlled substances lost,
destroyed, or stolen, if any; the kind and quantity of such controlled substances; and the
date of the discovering of such loss, destruction, or theft.
In the event of the discovery of the theft or significant loss of controlled substances,
report such theft or significant loss to the sheriff of that county within 24 hours after
discovery. A person who fails to report a theft or significant loss of a substance listed in
s. 893.03(3), (4), or (5) within 24 hours after discovery as required in this paragraph
commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083. A person who fails to report a theft or significant loss of a substance listed in s.
893.03(2) within 24 hours after discovery as required in this paragraph commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
893.08. Exceptions.
The following may be distributed at retail without a prescription, but only by a
registered pharmacist:
Any compound, mixture, or preparation described in Schedule V.
Any compound, mixture, or preparation containing any depressant or stimulant
substance described in s. 893.03(2)(a) or
except any amphetamine drug or sympathomimetic amine drug or compound designated
as a Schedule II controlled substance pursuant to this chapter; in s. 893.03(3)(a); or in
Schedule IV, if:
The compound, mixture, or preparation contains one or more active medicinal
ingredients not having depressant or stimulant effect on the central nervous system, and
Such ingredients are included therein in such combinations, quantity, proportion, or
concentration as to vitiate the potential for abuse of the controlled substances which do
have a depressant or stimulant effect on the central nervous system.
No compound, mixture, or preparation may be dispensed under subsection (1) unless
such substance may, under the Federal Food, Drug, and Cosmetic Act, be lawfully sold at
retail without a prescription.
The exemptions authorized by this section shall be subject to the following
conditions:
The compounds, mixtures, and preparations referred to in subsection (1) may be
dispensed to persons under age 18 only on prescription. A bound volume must be
maintained as a record of sale at retail of excepted compounds, mixtures, and
preparations,
and the pharmacist must require suitable identification from every unknown purchaser.
Such compounds, mixtures, and preparations shall be sold by the pharmacist in good
faith as a medicine and not for the purpose of evading the provisions of this chapter. The
pharmacist may, in his or her discretion, withhold sale to any person whom the
pharmacist reasonably believes is attempting to purchase excepted compounds, mixtures,
or preparations for the purpose of abuse.
The total quantity of controlled substance listed in Schedule V which may be sold to
any one purchaser within a given 48hour period shall not exceed 120 milligrams of
codeine, 60 milligrams dihydrocodeine, 30 milligrams of ethyl morphine, or 240
milligrams of opium.
Nothing in this section shall be construed to limit the kind and quantity of any
controlled substance that may be prescribed, administered, or dispensed to any person, or
for the use of any person or animal, when it is prescribed, administered, or dispensed in
compliance with the general provisions of this chapter.
(4) The dextrorotatory isomer of 3methoxynmethylmorphinan and its salts
(dextromethorphan) shall not be deemed to be included in any schedule by reason of
enactment of this chapter.
893.09. Enforcement.
The Department of Law Enforcement, all state agencies which regulate professions
or institutions affected by the
provisions of this chapter, and all peace officers of the state shall enforce all provisions of
this chapter except those specifically delegated, and shall cooperate with all agencies
charged with the enforcement of the laws of the United States, this state, and all other
states relating to controlled substances.
Any agency authorized to enforce this chapter shall have the right to institute an
action in its own name to enjoin the violation of any of the provisions of this chapter.
Said action for an injunction shall be in addition to any other action, proceeding, or
remedy authorized by law.
All law enforcement officers whose duty it is to enforce this chapter shall have
authority to administer oaths in connection with their official duties, and any person
making a material false statement under oath before such law enforcement officers shall
be deemed guilty of perjury and subject to the same punishment as prescribed for perjury.
It shall be unlawful and punishable as provided in chapter 843 for any person to
interfere with any such law enforcement officer in the performance of the officer’s
official duties. It shall also be unlawful for any person falsely to represent himself or
herself to be authorized to enforce the drug abuse laws of this state, the United States, or
any other state.
No civil or criminal liability shall be imposed by virtue of this chapter upon any
person whose duty it is to enforce the provisions of this chapter, by reason of his or her
being lawfully engaged in the enforcement of any law or municipal ordinance relating to
controlled substances.
893.10. Burden of proof; photograph or video recording of evidence.
It is not necessary for the state to negative any exemption or exception set forth in
this chapter in any indictment, information, or other pleading or in any trial, hearing, or
other proceeding under this chapter, and the burden of going forward with the evidence
with respect to any exemption or exception is upon the person claiming its benefit.
In the prosecution of an offense involving the manufacture of a controlled substance,
a photograph or video recording of the manufacturing equipment used in committing the
offense, including, but not limited to, grow lights, growing trays, and chemical fertilizers,
may be introduced as competent evidence of the existence and use of the equipment and
is admissible in the prosecution of the offense to the same extent as if the property were
introduced as evidence.
After a law enforcement agency documents the manufacturing equipment by
photography or video recording, the manufacturing equipment may be destroyed on site
and left in disrepair. The law enforcement agency destroying the equipment is immune
from civil liability for the destruction of the equipment. The destruction of the equipment
must be recorded by the supervising law enforcement officer in the manner described in
s. 893.12(1)(a), and records must be maintained for 24 months.
HIST: s. 10, ch. 73331; s. 1442, ch. 97102; s. 3, ch. 2008184; s. 19, ch. 2010117.
893.101. Legislative findings and intent.
The Legislature finds that the cases of Scott v. State, Slip Opinion No. SC94701 (Fla.
2002) and Chicone v. State, 684 So.2d 736 (Fla. 1996)
, holding that the state must prove
that the defendant knew of the illicit nature of a controlled substance found in his or her
actual or constructive possession, were contrary to legislative intent.
The Legislature finds that knowledge of the illicit nature of a controlled substance is
not an element of any offense under this chapter. Lack of knowledge of the illicit nature
of a controlled substance is an affirmative defense to the offenses of this chapter.
In those instances in which a defendant asserts the affirmative defense described in
this section, the possession of a controlled substance, whether actual or constructive, shall
give rise to a permissive presumption that the possessor knew of the illicit nature of the
substance. It is the intent of the Legislature that, in those cases where such an affirmative
defense is raised, the jury shall be instructed on the permissive presumption provided in
this subsection.
893.105. Testing and destruction of seized substances.
Any controlled substance or listed chemical seized as evidence may be sample tested
and weighed by the seizing agency after the seizure. Any such sample and the analysis
thereof shall be admissible into evidence in any civil or criminal action for the purpose of
proving the nature, composition, and weight of the substance seized. In addition, the
seizing agency may photograph or videotape, for use at trial, the controlled substance or
listed chemical seized.
Controlled substances or listed chemicals that are not retained for sample testing as
provided in subsection (1) may be destroyed pursuant to a court order issued in
accordance with s. 893.12.
893.12. Contraband; seizure, forfeiture, sale.
All substances controlled by this chapter and all listed chemicals, which substances
or chemicals are handled, delivered, possessed, or distributed contrary to any provisions
of this chapter, and all such controlled substances or listed chemicals the lawful
possession of which is not established or the title to which cannot be ascertained, are
declared to be contraband, are subject to seizure and confiscation by any person whose
duty it is to enforce the provisions of the chapter, and shall be disposed of as follows:
Except as in this section otherwise provided, the court having jurisdiction shall order
such controlled substances or listed chemicals forfeited and destroyed. A record of the
place where said controlled substances or listed chemicals were seized, of the kinds and
quantities of controlled substances or listed chemicals destroyed, and of the time, place,
and manner of destruction shall be kept, and a return under oath reporting said
destruction shall be made to the court by the officer who destroys them.
Upon written application by the Department of Health, the court by whom the
forfeiture of such controlled substances or listed chemicals has been decreed may order
the delivery of any of them to said department for distribution or destruction as
hereinafter provided.
Upon application by any hospital or laboratory within the state not operated for
private gain, the department may, in its discretion, deliver any controlled substances or
listed chemicals that have come into its custody by authority of this section to the
applicant for medical use. The department may from time to time deliver excess stocks of
such controlled substances or listed chemicals to the United States Drug Enforcement
Administration or destroy same.
The department shall keep a full and complete record of all controlled substances or
listed chemicals received and of all controlled substances or listed chemicals disposed of,
showing:
The exact kinds, quantities, and forms of such controlled substances or listed
chemicals;
The persons from whom received and to whom delivered;
By whose authority received, delivered, and destroyed; and
The dates of the receipt, disposal, or destruction,
which record shall be open to inspection by all persons charged with the enforcement
of federal and state drug abuse laws.
(a) Any vessel, vehicle, aircraft, or drug paraphernalia as defined in s. 893.145 which
has been or is being used in violation of any provision of this chapter or in, upon, or by
means of which any violation of this chapter has taken or is taking place may be seized
and forfeited as provided by the Florida Contraband Forfeiture Act.
All real property, including any right, title, leasehold interest, and other interest in the
whole of any lot or tract of land
and any appurtenances or improvements, which real property is used, or intended to be
used, in any manner or part, to commit or to facilitate the commission of, or which real
property is acquired with proceeds obtained as a result of, a violation of any provision of
this chapter related to a controlled substance described in s. 893.03(1) or (2) may be
seized and forfeited as provided by the Florida Contraband Forfeiture Act except that no
property shall be forfeited under this paragraph to the extent of an interest of an owner or
lienholder by reason of any act or omission established by that owner or lienholder to
have been committed or omitted without the knowledge or consent of that owner or
lienholder.
All moneys, negotiable instruments, securities, and other things of value furnished or
intended to be furnished by any person in exchange for a controlled substance described
in s. 893.03(1) or (2) or a listed chemical in violation of any provision of this chapter, all
proceeds traceable to such an exchange, and all moneys, negotiable instruments, and
securities used or intended to be used to facilitate any violation of any provision of this
chapter or which are acquired with proceeds obtained in violation of any provision of this
chapter may be seized and forfeited as provided by the Florida Contraband Forfeiture
Act, except that no property shall be forfeited under this paragraph to the extent of an
interest of an owner or lienholder by reason of any act or omission established by that
owner or lienholder to have been committed or omitted without the knowledge or consent
of that owner or lienholder.
All books, records, and research, including formulas, microfilm, tapes, and data
which are used, or intended for use, or which are acquired with proceeds obtained, in
violation of any
provision of this chapter related to a controlled substance described in s. 893.03(1) or (2)
or a listed chemical may be seized and forfeited as provided by the Florida Contraband
Forfeiture Act.
If any of the property described in this subsection: 1. Cannot be
located;
Has been transferred to, sold to, or deposited with, a third party;
Has been placed beyond the jurisdiction of the court;
Has been substantially diminished in value by any act or omission of the defendant;
or
Has been commingled with any property which cannot be divided without difficulty,
the court shall order the forfeiture of any other property of the defendant up to the
value of any property subject to forfeiture under this subsection.
Any law enforcement agency is empowered to authorize or designate officers, agents,
or other persons to carry out the seizure provisions of this section. It shall be the duty of
any officer, agent, or other person so authorized or designated, or authorized by law,
whenever she or he shall discover any vessel, vehicle, aircraft, real property or interest in
real property, money, negotiable instrument, security, book, record, or research which has
been or is being used or intended to be used, or which is acquired with proceeds obtained,
in violation of any of the provisions of this chapter, or in, upon, or by means of which
any violation of this
chapter has taken or is taking place, to seize such vessel, vehicle, aircraft, real property or
interest in real property, money, negotiable instrument, security, book, record, or research
and place it in the custody of such person as may be authorized or designated for that
purpose by the respective law enforcement agency pursuant to these provisions.
The rights of any bona fide holder of a duly recorded mortgage or duly recorded
vendor’s privilege on the property seized under this chapter shall not be affected by the
seizure.
893.13. Prohibited acts; penalties.
(a) Except as authorized by this chapter and chapter 499, a person may not sell,
manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a
controlled substance. A person who violates this provision with respect to:
A controlled substance named or described in s. 893.03(1) (a), (1)(b), (1)(d), (2)(a),
(2)(b), or (2)(c)4. commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A controlled substance named or described in s. 893.03(1) (c), (2)(c)1., (2)(c)2., (2)
(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A controlled substance named or described in s. 893.03(5) commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Except as provided in this chapter, a person may not sell or
deliver in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or
(1)(b), or any combination thereof, or any mixture containing any such substance. A
person who violates this paragraph commits a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Except as authorized by this chapter, a person may not sell, manufacture, or deliver,
or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or
within 1,000 feet of the real property comprising a child care facility as defined in s.
402.302 or a public or private elementary, middle, or secondary school between the hours
of 6 a.m. and 12 midnight, or at any time in, on, or within 1,000 feet of real property
comprising a state, county, or municipal park, a community center, or a publicly owned
recreational facility. As used in this paragraph, the term “community center” means a
facility operated by a nonprofit communitybased organization for the provision of
recreational, social, or educational services to the public. A person who violates this
paragraph with respect to:
A controlled substance named or described in s. 893.03(1) (a), (1)(b), (1)(d), (2)(a),
(2)(b), or (2)(c)4. commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. The defendant must be sentenced to a minimum term
of imprisonment of 3 calendar years unless the offense was committed within 1,000 feet
of the real property comprising a child care facility as defined in s. 402.302.
A controlled substance named or described in s. 893.03(1) (c), (2)(c)1., (2)(c)2., (2)
(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Any other controlled substance, except as lawfully sold, manufactured, or delivered,
must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition
to any other penalty prescribed by law.
This paragraph does not apply to a child care facility unless the owner or operator of
the facility posts a sign that is not less than 2 square feet in size with a word legend
identifying the facility as a licensed child care facility and that is posted on the property
of the child care facility in a conspicuous place where the sign is reasonably visible to the
public.
Except as authorized by this chapter, a person may not sell, manufacture, or deliver,
or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or
within 1,000 feet of the real property comprising a public or private college, university,
or other postsecondary educational institution. A person who violates this paragraph with
respect to:
A controlled substance named or described in s. 893.03(1) (a), (1)(b), (1)(d), (2)(a),
(2)(b), or (2)(c)4. commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A controlled substance named or described in s. 893.03(1) (c), (2)(c)1., (2)(c)2., (2)
(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Any other controlled substance, except as lawfully sold, manufactured, or delivered,
must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition
to any other
penalty prescribed by law.
Except as authorized by this chapter, a person may not sell, manufacture, or deliver,
or possess with intent to sell, manufacture, or deliver, a controlled substance not
authorized by law in, on, or within 1,000 feet of a physical place for worship at which a
church or religious organization regularly conducts religious services or within 1,000 feet
of a convenience business as defined in s. 812.171. A person who violates this paragraph
with respect to:
A controlled substance named or described in s. 893.03(1) (a), (1)(b), (1)(d), (2)(a),
(2)(b), or (2)(c)4. commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A controlled substance named or described in s. 893.03(1) (c), (2)(c)1., (2)(c)2., (2)
(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Any other controlled substance, except as lawfully sold, manufactured, or delivered,
must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition
to any other penalty prescribed by law.
Except as authorized by this chapter, a person may not sell, manufacture, or deliver,
or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or
within 1,000 feet of the real property comprising a public housing facility at any time. As
used in this section, the term “real property comprising a public housing facility” means
real property, as defined in s. 421.03(12), of a public corporation
created as a housing authority pursuant to part I of chapter 421. A person who violates
this paragraph with respect to:
A controlled substance named or described in s. 893.03(1) (a), (1)(b), (1)(d), (2)(a),
(2)(b), or (2)(c)4. commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A controlled substance named or described in s. 893.03(1) (c), (2)(c)1., (2)(c)2., (2)
(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Any other controlled substance, except as lawfully sold, manufactured, or delivered,
must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition
to any other penalty prescribed by law.
Except as authorized by this chapter, a person may not manufacture
methamphetamine or phencyclidine, or possess any listed chemical as defined in s.
893.033 in violation of s. 893.149 and with intent to manufacture methamphetamine or
phencyclidine. If a person violates this paragraph and:
The commission or attempted commission of the crime occurs in a structure or
conveyance where any child younger than 16 years of age is present, the person commits
a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084. In addition, the defendant must be sentenced to a minimum term of
imprisonment of 5 calendar years.
The commission of the crime causes any child younger than 16 years of age to suffer
great bodily harm, the person commits a
felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
In addition, the defendant must be sentenced to a minimum term of imprisonment of 10
calendar years.
Except as authorized by this chapter, a person may not sell, manufacture, or deliver,
or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or
within 1,000 feet of the real property comprising an assisted living facility, as that term is
used in chapter 429. A person who violates this paragraph with respect to:
A controlled substance named or described in s. 893.03(1) (a), (1)(b), (1)(d), (2)(a),
(2)(b), or (2)(c)4. commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A controlled substance named or described in s. 893.03(1) (c), (2)(c)1., (2)(c)2., (2)
(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Any other controlled substance, except as lawfully sold, manufactured, or delivered,
must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition
to any other penalty prescribed by law.
(a) Except as authorized by this chapter and chapter 499, a person may not purchase,
or possess with intent to purchase, a controlled substance. A person who violates this
provision with respect to:
A controlled substance named or described in s. 893.03(1)
(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A controlled substance named or described in s. 893.03(1) (c), (2)(c)1., (2)(c)2., (2)
(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A controlled substance named or described in s. 893.03(5) commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Except as provided in this chapter, a person may not purchase more than 10 grams of
any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination
thereof, or any mixture containing any such substance. A person who violates this
paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
A person who delivers, without consideration, 20 grams or less of cannabis, as
defined in this chapter, commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083. As used in this paragraph, the term “cannabis” does
not include the resin extracted from the plants of the genus Cannabis or any compound
manufacture, salt, derivative, mixture, or preparation of such resin.
Except as authorized by this chapter, a person 18 years of age or older may not
deliver any controlled substance to a person younger than 18 years of age, use or hire a
person younger than 18 years of age as an agent or employee in the sale or delivery of
such a substance, or use such person to assist in avoiding
detection or apprehension for a violation of this chapter. A person who violates this
paragraph with respect to:
A controlled substance named or described in s. 893.03(1) (a), (1)(b), (1)(d), (2)(a),
(2)(b), or (2)(c)4. commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A controlled substance named or described in s. 893.03(1) (c), (2)(c)1., (2)(c)2., (2)
(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Any other controlled substance, except as lawfully sold, manufactured, or delivered,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
Imposition of sentence may not be suspended or deferred, and the person so
convicted may not be placed on probation.
A person may not bring into this state any controlled substance unless the possession
of such controlled substance is authorized by this chapter or unless such person is
licensed to do so by the appropriate federal agency. A person who violates this provision
with respect to:
A controlled substance named or described in s. 893.03(1) (a), (1)(b), (1)(d), (2)(a),
(2)(b), or (2)(c)4. commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A controlled substance named or described in s. 893.03(1) (c), (2)(c)1., (2)(c)2., (2)
(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8.,
(2)(c)9., (3), or (4) commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A controlled substance named or described in s. 893.03(5) commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(a) A person may not be in actual or constructive possession of a controlled substance
unless such controlled substance was lawfully obtained from a practitioner or pursuant to
a valid prescription or order of a practitioner while acting in the course of his or her
professional practice or to be in actual or constructive possession of a controlled
substance except as otherwise authorized by this chapter. A person who violates this
provision commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
If the offense is the possession of 20 grams or less of cannabis, as defined in this
chapter, the person commits a misdemeanor of the first degree, punishable as provided in
s. 775.082 or s. 775.083. As used in this subsection, the term “cannabis” does not include
the resin extracted from the plants of the genus Cannabis, or any compound manufacture,
salt, derivative, mixture, or preparation of such resin.
Except as provided in this chapter, a person may not possess more than 10 grams of
any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination
thereof, or any mixture containing any such substance. A person who violates this
paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
If the offense is possession of a controlled substance named or described in s.
893.03(5), the person commits a misdemeanor
of the second degree, punishable as provided in s. 775.082 or s.
775.083.
Notwithstanding any provision to the contrary of the laws of this state relating to
arrest, a law enforcement officer may arrest without warrant any person who the officer
has probable cause to believe is violating the provisions of this chapter relating to
possession of cannabis.
(7) (a) A person may not:
Distribute or dispense a controlled substance in violation of this chapter.
Refuse or fail to make, keep, or furnish any record, notification, order form,
statement, invoice, or information required under this chapter.
Refuse entry into any premises for any inspection or refuse to allow any inspection
authorized by this chapter.
Distribute a controlled substance named or described in s. 893.03(1) or (2) except
pursuant to an order form as required by s.
893.06.
Keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat,
aircraft, or other structure or place which is resorted to by persons using controlled
substances in violation of this chapter for the purpose of using these substances, or which
is used for keeping or selling them in violation of this chapter.
Use to his or her own personal advantage, or reveal, any information obtained in
enforcement of this chapter except in a prosecution or administrative hearing for a
violation of this
chapter.
Possess a prescription form unless it has been signed by the practitioner whose name
appears printed thereon and completed. This subparagraph does not apply if the person in
possession of the form is the practitioner whose name appears printed thereon, an agent
or employee of that practitioner, a pharmacist, or a supplier of prescription forms who is
authorized by that practitioner to possess those forms.
Withhold information from a practitioner from whom the person seeks to obtain a
controlled substance or a prescription for a controlled substance that the person making
the request has received a controlled substance or a prescription for a controlled
substance of like therapeutic use from another practitioner within the previous 30 days.
Acquire or obtain, or attempt to acquire or obtain, possession of a controlled
substance by misrepresentation, fraud, forgery, deception, or subterfuge.
Affix any false or forged label to a package or receptacle containing a controlled
substance.
Furnish false or fraudulent material information in, or omit any material information
from, any report or other document required to be kept or filed under this chapter or any
record required to be kept by this chapter.
Store anhydrous ammonia in a container that is not approved by the United States
Department of Transportation to hold anhydrous ammonia or is not constructed in
accordance with sound engineering, agricultural, or commercial practices.
With the intent to obtain a controlled substance or combination of controlled substances
that are not medically necessary for the person or an amount of a controlled substance or
substances that is not medically necessary for the person, obtain or attempt to obtain from a
practitioner a controlled substance or a prescription for a controlled substance by
misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact.
For purposes of this subparagraph, a material fact includes whether the person has an existing
prescription for a controlled substance issued for the same period of time by another
practitioner or as described in subparagraph 8.
A health care practitioner, with the intent to provide a controlled substance or
combination of controlled substances that are not medically necessary to his or her patient or
an amount of controlled substances that is not medically necessary for his or her patient, may
not provide a controlled substance or a prescription for a controlled substance by
misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact.
For purposes of this paragraph, a material fact includes whether the patient has an existing
prescription for a controlled substance issued for the same period of time by another
practitioner or as described in subparagraph (a)8.
A person who violates subparagraphs (a)1.6. commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083, except that, upon a second or subsequent
violation, the person commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
A person who violates subparagraphs (a)7.12. commits a felony of the third degree,
punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Practitioners.
Persons who procure controlled substances in good faith and in the course of
professional practice only, by or under the supervision of pharmacists or practitioners
employed by them, or for the purpose of lawful research, teaching, or testing, and not for
resale.
Hospitals that procure controlled substances for lawful administration by
practitioners, but only for use by or in the particular hospital.
Officers or employees of state, federal, or local governments acting in their official
capacity only, or informers acting under their jurisdiction.
Common carriers.
Manufacturers, wholesalers, and distributors.
Law enforcement officers for bona fide law enforcement purposes in the course of an
active criminal investigation.
If a person violates any provision of this chapter and the violation results in a serious
injury to a state or local law enforcement officer as defined in s. 943.10, firefighter as
defined in s. 633.102, emergency medical technician as defined in s. 401.23, paramedic
as defined in s. 401.23, employee of a public utility or an electric utility as defined in s.
366.02, animal control officer as defined in s. 828.27, volunteer firefighter engaged by
state or local government, law enforcement officer employed by the Federal Government,
or any other local, state, or Federal Government employee injured during the course and
scope of his or her employment, the person commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the injury
sustained results in death or great bodily harm, the person commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
893.135. Trafficking; mandatory sentences; suspension or reduction of
sentences; conspiracy to engage in trafficking.
Except as authorized in this chapter or in chapter 499 and notwithstanding the
provisions of s. 893.13:
Any person who knowingly sells, purchases, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession of, in excess of 25
pounds of cannabis, or 300 or more cannabis plants, commits a felony of the first degree,
which felony shall be known as “trafficking in cannabis,” punishable as provided in s.
775.082, s. 775.083, or s. 775.084. If the quantity of cannabis involved:
Is in excess of 25 pounds, but less than 2,000 pounds, or is
300 or more cannabis plants, but not more than 2,000 cannabis plants, such person shall
be sentenced to a mandatory minimum term of imprisonment of 3 years, and the
defendant shall be ordered to pay a fine of $25,000.
Is 2,000 pounds or more, but less than 10,000 pounds, or is 2,000 or more cannabis
plants, but not more than 10,000 cannabis plants, such person shall be sentenced to a
mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered
to pay a fine of $50,000.
Is 10,000 pounds or more, or is 10,000 or more cannabis plants, such person shall be
sentenced to a mandatory minimum
term of imprisonment of 15 calendar years and pay a fine of $200,000.
For the purpose of this paragraph, a plant, including, but not limited to, a seedling or
cutting, is a “cannabis plant” if it has some readily observable evidence of root formation,
such as root hairs. To determine if a piece or part of a cannabis plant severed from the
cannabis plant is itself a cannabis plant, the severed piece or part must have some readily
observable evidence of root formation, such as root hairs. Callous tissue is not readily
observable evidence of root formation. The viability and sex of a plant and the fact that
the plant may or may not be a dead harvested plant are not relevant in determining if the
plant is a “cannabis plant” or in the charging of an offense under this paragraph. Upon
conviction, the court shall impose the longest term of imprisonment provided for in this
paragraph.
1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession of, 28 grams or more
of cocaine, as described in s. 893.03(2)(a)4., or of any mixture containing cocaine, but
less than 150 kilograms of cocaine or any such mixture, commits a felony of the first
degree, which felony shall be known as “trafficking in cocaine,” punishable as provided
in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered
to pay a fine of $50,000.
b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered
to pay a fine of $100,000.
c. Is 400 grams or more, but less than 150 kilograms, such person shall be sentenced
to a mandatory minimum term of imprisonment of 15 calendar years and pay a fine of
$250,000.
Any person who knowingly sells, purchases, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession of, 150 kilograms or
more of cocaine, as described in s. 893.03(2)(a)4., commits the first degree felony of
trafficking in cocaine. A person who has been convicted of the first degree felony of
trafficking in cocaine under this subparagraph shall be punished by life imprisonment and
is ineligible for any form of discretionary early release except pardon or executive
clemency or conditional medical release under s. 947.149. However, if the court
determines that, in addition to committing any act specified in this paragraph:
a. The person intentionally killed an individual or counseled, commanded, induced,
procured, or caused the intentional killing of an individual and such killing was the
result; or
b. The person’s conduct in committing that act led to a natural, though not inevitable,
lethal result,
such person commits the capital felony of trafficking in cocaine, punishable as
provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under this
paragraph shall also be sentenced to pay the maximum fine provided under subparagraph
1.
Any person who knowingly brings into this state 300 kilograms or more of cocaine,
as described in s. 893.03(2)(a)4., and who knows that the probable result of such
importation would be the death of any person, commits capital importation of cocaine, a
capital felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced
for a capital felony under this paragraph shall also be sentenced to pay the maximum fine
provided under subparagraph 1.
1. A person who knowingly sells, purchases, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession of, 4 grams or more of
any morphine, opium, hydromorphone, or any salt, derivative, isomer, or salt of an
isomer thereof, including heroin, as described in s. 893.03(1) (b), (2)(a), (3)(c)3., or (3)
(c)4., or 4 grams or more of any mixture containing any such substance, but less than 30
kilograms of such substance or mixture, commits a felony of the first degree, which
felony shall be known as “trafficking in illegal drugs,” punishable as provided in s.
775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 4 grams or more, but less than 14 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine
of $50,000.
b. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine
of $100,000.
c. Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to
a mandatory minimum term of
imprisonment of 25 years and shall be ordered to pay a fine of $500,000.
A person who knowingly sells, purchases, manufactures, delivers, or brings into this
state, or who is knowingly in actual or constructive possession of, 14 grams or more of
hydrocodone, or any salt, derivative, isomer, or salt of an isomer thereof, or 14 grams or
more of any mixture containing any such substance, commits a felony of the first degree,
which felony shall be known as “trafficking in hydrocodone,” punishable as provided in
s.
775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine
of $50,000.
b. Is 28 grams or more, but less than 50 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine
of $100,000.
c. Is 50 grams or more, but less than 200 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine
of $500,000.
d. Is 200 grams or more, but less than 30 kilograms, such person shall be sentenced
to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a
fine of $750,000.
A person who knowingly sells, purchases, manufactures,
delivers, or brings into this state, or who is knowingly in actual or constructive
possession of, 7 grams or more of oxycodone, or any salt, derivative, isomer, or salt of an
isomer thereof, or 7 grams or more of any mixture containing any such substance,
commits a felony of the first degree, which felony shall be known as “trafficking in
oxycodone,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the
quantity involved:
a. Is 7 grams or more, but less than 14 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine
of $50,000.
b. Is 14 grams or more, but less than 25 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine
of $100,000.
c. Is 25 grams or more, but less than 100 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 15 years and shall be ordered to pay a fine
of $500,000.
d. Is 100 grams or more, but less than 30 kilograms, such person shall be sentenced
to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a
fine of $750,000.
A person who knowingly sells, purchases, manufactures, delivers, or brings into this
state, or who is knowingly in actual or constructive possession of, 30 kilograms or more
of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt,
derivative, isomer, or salt of an isomer thereof, including heroin, as described in s.
893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4.,
or 30 kilograms or more of any mixture containing any such substance, commits the first
degree felony of trafficking in illegal drugs. A person who has been convicted of the first
degree felony of trafficking in illegal drugs under this subparagraph shall be punished by
life imprisonment and is ineligible for any form of discretionary early release except
pardon or executive clemency or conditional medical release under s. 947.149. However,
if the court determines that, in addition to committing any act specified in this paragraph:
a. The person intentionally killed an individual or counseled, commanded, induced,
procured, or caused the intentional killing of an individual and such killing was the
result; or
b. The person’s conduct in committing that act led to a natural, though not inevitable,
lethal result,
such person commits the capital felony of trafficking in illegal drugs, punishable as
provided in ss. 775.082 and 921.142. A person sentenced for a capital felony under this
paragraph shall also be sentenced to pay the maximum fine provided under subparagraph
1.
A person who knowingly brings into this state 60 kilograms or more of any
morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative,
isomer, or salt of an isomer thereof, including heroin, as described in s. 893.03(1)(b),
(2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or more of any mixture containing any such
substance, and who knows that the probable result of such importation would be the
death of a person, commits capital importation of illegal drugs, a capital felony
punishable as provided in ss. 775.082 and 921.142. A
person sentenced for a capital felony under this paragraph shall also be sentenced to pay
the maximum fine provided under subparagraph 1.
1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession of, 28 grams or more
of phencyclidine or of any mixture containing phencyclidine, as described in s. 893.03(2)
(b), commits a felony of the first degree, which felony shall be known as “trafficking in
phencyclidine,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the
quantity involved:
a. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered
to pay a fine of $50,000.
b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered
to pay a fine of $100,000.
c. Is 400 grams or more, such person shall be sentenced to a mandatory minimum
term of imprisonment of 15 calendar years and pay a fine of $250,000.
Any person who knowingly brings into this state 800 grams or more of phencyclidine
or of any mixture containing phencyclidine, as described in s. 893.03(2)(b), and who
knows that the probable result of such importation would be the death of any person
commits capital importation of phencyclidine, a capital felony punishable as provided in
ss. 775.082 and 921.142.
Any person sentenced for a capital felony under this paragraph shall also be sentenced to
pay the maximum fine provided under subparagraph 1.
1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession of, 200 grams or more
of methaqualone or of any mixture containing methaqualone, as described in s. 893.03(1)
(d), commits a felony of the first degree, which felony shall be known as “trafficking in
methaqualone,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the
quantity involved:
a. Is 200 grams or more, but less than 5 kilograms, such person shall be sentenced to
a mandatory minimum term of imprisonment of 3 years, and the defendant shall be
ordered to pay a fine of $50,000.
b. Is 5 kilograms or more, but less than 25 kilograms, such person shall be sentenced
to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be
ordered to pay a fine of $100,000.
c. Is 25 kilograms or more, such person shall be sentenced to a mandatory minimum
term of imprisonment of 15 calendar years and pay a fine of $250,000.
Any person who knowingly brings into this state 50 kilograms or more of
methaqualone or of any mixture containing methaqualone, as described in s. 893.03(1)
(d), and who knows that the probable result of such importation would be the death of
any person commits capital importation of methaqualone, a capital felony punishable as
provided in ss. 775.082 and 921.142.
Any person sentenced for a capital felony under this paragraph shall also be sentenced to
pay the maximum fine provided under subparagraph 1.
1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession of, 14 grams or more
of amphetamine, as described in s. 893.03(2)(c)2., or methamphetamine, as described in
s. 893.03(2)(c)4., or of any mixture containing amphetamine or methamphetamine, or
phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine in conjunction with
other chemicals and equipment utilized in the manufacture of amphetamine or
methamphetamine, commits a felony of the first degree, which felony shall be known as
“trafficking in amphetamine,” punishable as provided in s.
775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 14 grams or more, but less than 28 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered
to pay a fine of $50,000.
b. Is 28 grams or more, but less than 200 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered
to pay a fine of $100,000.
c. Is 200 grams or more, such person shall be sentenced to a mandatory minimum
term of imprisonment of 15 calendar years and pay a fine of $250,000.
Any person who knowingly manufactures or brings into this state 400 grams or more
of amphetamine, as described in s.
893.03(2)(c)2., or methamphetamine, as described in s. 893.03(2) (c)4., or of any mixture
containing amphetamine or methamphetamine, or phenylacetone, phenylacetic acid,
pseudoephedrine, or ephedrine in conjunction with other chemicals and equipment used
in the manufacture of amphetamine or methamphetamine, and who knows that the
probable result of such manufacture or importation would be the death of any person
commits capital manufacture or importation of amphetamine, a capital felony punishable
as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under
this paragraph shall also be sentenced to pay the maximum fine provided under
subparagraph 1.
1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession of, 4 grams or more of
flunitrazepam or any mixture containing flunitrazepam as described in s. 893.03(1)(a)
commits a felony of the first degree, which felony shall be known as “trafficking in
flunitrazepam,” punishable as provided in s. 775.082, s. 775.083, or s. 775.084. If the
quantity involved:
a. Is 4 grams or more but less than 14 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered
to pay a fine of $50,000.
b. Is 14 grams or more but less than 28 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered
to pay a fine of $100,000.
c. Is 28 grams or more but less than 30 kilograms, such person
shall be sentenced to a mandatory minimum term of imprisonment of 25 calendar years
and pay a fine of $500,000.
Any person who knowingly sells, purchases, manufactures, delivers, or brings into
this state or who is knowingly in actual or constructive possession of 30 kilograms or
more of flunitrazepam or any mixture containing flunitrazepam as described in s.
893.03(1)(a) commits the first degree felony of trafficking in flunitrazepam. A person
who has been convicted of the first degree felony of trafficking in flunitrazepam under
this subparagraph shall be punished by life imprisonment and is ineligible for any form of
discretionary early release except pardon or executive clemency or conditional medical
release under s. 947.149. However, if the court determines that, in addition to committing
any act specified in this paragraph:
a. The person intentionally killed an individual or counseled, commanded, induced,
procured, or caused the intentional killing of an individual and such killing was the
result; or
b. The person’s conduct in committing that act led to a natural, though not inevitable,
lethal result,
such person commits the capital felony of trafficking in flunitrazepam, punishable as
provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under
this paragraph shall also be sentenced to pay the maximum fine provided under
subparagraph 1.
1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession of, 1 kilogram or
more of gammahydroxybutyric acid (GHB), as described in s.
893.03(1)(d), or any mixture containing gammahydroxybutyric acid (GHB), commits a
felony of the first degree, which felony shall be known as “trafficking in gamma
hydroxybutyric acid (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
775.084. If the quantity involved:
a. Is 1 kilogram or more but less than 5 kilograms, such person shall be sentenced to
a mandatory minimum term of imprisonment of 3 years, and the defendant shall be
ordered to pay a fine of $50,000.
b. Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced
to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be
ordered to pay a fine of $100,000.
c. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum
term of imprisonment of 15 calendar years and pay a fine of $250,000.
Any person who knowingly manufactures or brings into this state 150 kilograms or
more of gammahydroxybutyric acid (GHB), as described in s. 893.03(1)(d), or any
mixture containing gammahydroxybutyric acid (GHB), and who knows that the probable
result of such manufacture or importation would be the death of any person commits
capital manufacture or importation of gammahydroxybutyric acid (GHB), a capital
felony punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a
capital felony under this paragraph shall also be sentenced to pay the maximum fine
provided under subparagraph 1.
1. Any person who knowingly sells, purchases,
manufactures, delivers, or brings into this state, or who is knowingly in actual or
constructive possession of, 1 kilogram or more of gammabutyrolactone (GBL), as
described in s. 893.03(1) (d), or any mixture containing gammabutyrolactone (GBL),
commits a felony of the first degree, which felony shall be known as “trafficking in
gammabutyrolactone (GBL),” punishable as provided in s. 775.082, s. 775.083, or s.
775.084. If the quantity involved:
a. Is 1 kilogram or more but less than 5 kilograms, such person shall be sentenced to
a mandatory minimum term of imprisonment of 3 years, and the defendant shall be
ordered to pay a fine of $50,000.
b. Is 5 kilograms or more but less than 10 kilograms, such person shall be sentenced
to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be
ordered to pay a fine of $100,000.
c. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum
term of imprisonment of 15 calendar years and pay a fine of $250,000.
Any person who knowingly manufactures or brings into the state 150 kilograms or
more of gammabutyrolactone (GBL), as described in s. 893.03(1)(d), or any mixture
containing gammabutyrolactone (GBL), and who knows that the probable result of such
manufacture or importation would be the death of any person commits capital
manufacture or importation of gammabutyrolactone (GBL), a capital felony punishable
as provided in ss. 775.082 and 921.142. Any person sentenced for a capital felony under
this paragraph shall also be sentenced to pay the
maximum fine provided under subparagraph 1.
1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession of, 1 kilogram or
more of 1,4Butanediol as described in s. 893.03(1)(d), or of any mixture containing 1,4
Butanediol, commits a felony of the first degree, which felony shall be known as
“trafficking in 1,4Butanediol,” punishable as provided in s. 775.082, s. 775.083, or s.
775.084. If the quantity involved:
a. Is 1 kilogram or more, but less than 5 kilograms, such person shall be sentenced to
a mandatory minimum term of imprisonment of 3 years, and the defendant shall be
ordered to pay a fine of $50,000.
b. Is 5 kilograms or more, but less than 10 kilograms, such person shall be sentenced
to a mandatory minimum term of imprisonment of 7 years, and the defendant shall be
ordered to pay a fine of $100,000.
c. Is 10 kilograms or more, such person shall be sentenced to a mandatory minimum
term of imprisonment of 15 calendar years and pay a fine of $500,000.
Any person who knowingly manufactures or brings into this state 150 kilograms or
more of 1,4Butanediol as described in s. 893.03(1)(d), or any mixture containing 1,4
Butanediol, and who knows that the probable result of such manufacture or importation
would be the death of any person commits capital manufacture or importation of 1,4
Butanediol, a capital felony punishable as provided in ss. 775.082 and 921.142. Any
person sentenced for a capital felony under this paragraph shall also be sentenced to pay
the maximum fine provided under subparagraph 1.
1. A person who knowingly sells, purchases, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession of, 10 grams or more
of any of the following substances described in s. 893.03(1)(c):
a. (MDMA) 3,4Methylenedioxymethamphetamine; b. DOB (4
Bromo2,5dimethoxyamphetamine); c. 2CB (4Bromo2,5
dimethoxyphenethylamine);
2,5Dimethoxyamphetamine;
DOET (4Ethyl2,5dimethoxyamphetamine);
Nethylamphetamine;
3,4MethylenedioxyNhydroxyamphetamine;
5Methoxy3,4methylenedioxyamphetamine;
PMA (4methoxyamphetamine);
PMMA (4methoxymethamphetamine);
DOM (4Methyl2,5dimethoxyamphetamine);
MDEA (3,4MethylenedioxyNethylamphetamine);
MDA (3,4Methylenedioxyamphetamine);
N,Ndimethylamphetamine;
3,4,5Trimethoxyamphetamine;
Methylone (3,4Methylenedioxymethcathinone);
MDPV (3,4Methylenedioxypyrovalerone); or
r. Methylmethcathinone,
individually or analogs thereto or isomers thereto or in any combination of or any
mixture containing any substance listed in subsubparagraphs a.r., commits a felony of
the first degree, which felony shall be known as “trafficking in Phenethylamines,”
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. If the quantity involved:
a. Is 10 grams or more, but less than 200 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 3 years and shall be ordered to pay a fine
of $50,000.
b. Is 200 grams or more, but less than 400 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 7 years and shall be ordered to pay a fine
of $100,000.
c. Is 400 grams or more, such person shall be sentenced to a mandatory minimum
term of imprisonment of 15 years and shall be ordered to pay a fine of $250,000.
A person who knowingly manufactures or brings into this state 30 kilograms or more
of any of the following substances described in s. 893.03(1)(c):
a. MDMA (3,4Methylenedioxymethamphetamine); b. DOB (4
Bromo2,5dimethoxyamphetamine); c. 2CB (4Bromo2,5
dimethoxyphenethylamine); d. 2,5Dimethoxyamphetamine;
e. DOET (4Ethyl2,5dimethoxyamphetamine);
Nethylamphetamine;
NHydroxy3,4methylenedioxyamphetamine;
5Methoxy3,4methylenedioxyamphetamine;
PMA (4methoxyamphetamine);
PMMA (4methoxymethamphetamine);
DOM (4Methyl2,5dimethoxyamphetamine);
MDEA (3,4MethylenedioxyNethylamphetamine);
MDA (3,4Methylenedioxyamphetamine);
N,Ndimethylamphetamine;
3,4,5Trimethoxyamphetamine;
Methylone (3,4Methylenedioxymethcathinone);
MDPV (3,4Methylenedioxypyrovalerone); or
Methylmethcathinone,
individually or analogs thereto or isomers thereto or in any combination of or any
mixture containing any substance listed in subsubparagraphs a.r., and who knows that
the probable result of such manufacture or importation would be the death of any person
commits capital manufacture or importation of Phenethylamines, a capital felony
punishable as provided in ss. 775.082 and 921.142. A person sentenced for a capital
felony under this paragraph shall also be sentenced to pay the maximum fine provided
under subparagraph 1.
1. Any person who knowingly sells, purchases, manufactures, delivers, or brings into
this state, or who is knowingly in actual or constructive possession of, 1 gram or more of
lysergic acid diethylamide (LSD) as described in s. 893.03(1) (c), or of any mixture
containing lysergic acid diethylamide (LSD), commits a felony of the first degree, which
felony shall be known as “trafficking in lysergic acid diethylamide (LSD),” punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
a. Is 1 gram or more, but less than 5 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 3 years, and the defendant shall be ordered
to pay a fine of $50,000.
b. Is 5 grams or more, but less than 7 grams, such person shall be sentenced to a
mandatory minimum term of imprisonment of 7 years, and the defendant shall be ordered
to pay a fine of $100,000.
c. Is 7 grams or more, such person shall be sentenced to a mandatory minimum term
of imprisonment of 15 calendar years and pay a fine of $500,000.
Any person who knowingly manufactures or brings into this state 7 grams or more of
lysergic acid diethylamide (LSD) as described in s. 893.03(1)(c), or any mixture
containing lysergic acid diethylamide (LSD), and who knows that the probable result of
such manufacture or importation would be the death of any person commits capital
manufacture or importation of lysergic acid diethylamide (LSD), a capital felony
punishable as provided in ss. 775.082 and 921.142. Any person sentenced for a capital
felony under this paragraph shall also be sentenced to pay the
maximum fine provided under subparagraph 1.
A person acts knowingly under subsection (1) if that person intends to sell, purchase,
manufacture, deliver, or bring into this state, or to actually or constructively possess, any
of the controlled substances listed in subsection (1), regardless of which controlled
substance listed in subsection (1) is in fact sold, purchased, manufactured, delivered, or
brought into this state, or actually or constructively possessed.
Notwithstanding the provisions of s. 948.01, with respect to any person who is found
to have violated this section, adjudication of guilt or imposition of sentence shall not be
suspended, deferred, or withheld, nor shall such person be eligible for parole prior to
serving the mandatory minimum term of imprisonment prescribed by this section. A
person sentenced to a mandatory minimum term of imprisonment under this section is not
eligible for any form of discretionary early release, except pardon or executive clemency
or conditional medical release under s. 947.149, prior to serving the mandatory minimum
term of imprisonment.
The state attorney may move the sentencing court to reduce or suspend the sentence
of any person who is convicted of a violation of this section and who provides substantial
assistance in the identification, arrest, or conviction of any of that person’s accomplices,
accessories, coconspirators, or principals or of any other person engaged in trafficking in
controlled substances. The arresting agency shall be given an opportunity to be heard in
aggravation or mitigation in reference to any such motion. Upon good cause shown, the
motion may be filed and heard in camera. The judge hearing the motion may reduce or
suspend the sentence
if the judge finds that the defendant rendered such substantial assistance.
Any person who agrees, conspires, combines, or confederates with another person to
commit any act prohibited by subsection (1) commits a felony of the first degree and is
punishable as if he or she had actually committed such prohibited act. Nothing in this
subsection shall be construed to prohibit separate convictions and sentences for a
violation of this subsection and any violation of subsection (1).
A mixture, as defined in s. 893.02, containing any controlled substance described in
this section includes, but is not limited to, a solution or a dosage unit, including but not
limited to, a gelatin capsule, pill, or tablet, containing a controlled substance. For the
purpose of clarifying legislative intent regarding the weighing of a mixture containing a
controlled substance described in this section, the weight of the controlled substance is
the total weight of the mixture, including the controlled substance and any other
substance in the mixture. If there is more than one mixture containing the same controlled
substance, the weight of the controlled substance is calculated by aggregating the total
weight of each mixture.
For the purpose of further clarifying legislative intent, the Legislature finds that the
opinion in Hayes v. State, 750 So. 2d 1 (Fla.
1999)
does not correctly construe legislative
intent. The Legislature finds that the opinions in
State v. Hayes, 720 So. 2d 1095
(Fla. 4th
DCA 1998) and State v. Baxley, 684 So. 2d 831 (Fla.
5th DCA 1996)
correctly construe
legislative intent.
893.1351. Ownership, lease, rental, or possession for
trafficking in or manufacturing a controlled substance.
A person may not own, lease, or rent any place, structure, or part thereof, trailer, or
other conveyance with the knowledge that the place, structure, trailer, or conveyance will
be used for the purpose of trafficking in a controlled substance, as provided in s. 893.135;
for the sale of a controlled substance, as provided in s.
893.13; or for the manufacture of a controlled substance intended for sale or distribution
to another. A person who violates this subsection commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person may not knowingly be in actual or constructive possession of any place,
structure, or part thereof, trailer, or other conveyance with the knowledge that the place,
structure, or part thereof, trailer, or conveyance will be used for the purpose of trafficking
in a controlled substance, as provided in s. 893.135; for the sale of a controlled substance,
as provided in s. 893.13; or for the manufacture of a controlled substance intended for
sale or distribution to another. A person who violates this subsection commits a felony of
the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
A person who is in actual or constructive possession of a place, structure, trailer, or
conveyance with the knowledge that the place, structure, trailer, or conveyance is being
used to manufacture a controlled substance intended for sale or distribution to another
and who knew or should have known that a minor is present or resides in the place,
structure, trailer, or conveyance commits a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
For the purposes of this section, proof of the possession of 25 or more cannabis
plants constitutes prima facie evidence that the cannabis is intended for sale or
distribution.
893.145. “Drug paraphernalia” defined.
The term “drug paraphernalia” means all equipment, products, and materials of any
kind which are used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging, storing, containing,
concealing, transporting, injecting, ingesting, inhaling, or otherwise introducing into the
human body a controlled substance in violation of this chapter or s. 877.111. Drug
paraphernalia is deemed to be contraband which shall be subject to civil forfeiture. The
term includes, but is not limited to:
Kits used, intended for use, or designed for use in the planting, propagating,
cultivating, growing, or harvesting of any species of plant which is a controlled substance
or from which a controlled substance can be derived.
Kits used, intended for use, or designed for use in manufacturing, compounding,
converting, producing, processing, or preparing controlled substances.
Isomerization devices used, intended for use, or designed for use in increasing the
potency of any species of plant which is a controlled substance.
Testing equipment used, intended for use, or designed for use in identifying, or in
analyzing the strength, effectiveness, or purity of, controlled substances.
Scales and balances used, intended for use, or designed for use in weighing or
measuring controlled substances.
Diluents and adulterants, such as quinine hydrochloride, caffeine, dimethyl sulfone,
mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in
diluting controlled substances; or substances such as damiana leaf, marshmallow leaf,
and mullein leaf, used, intended for use, or designed for use as carrier mediums of
controlled substances.
Separation gins and sifters used, intended for use, or designed for use in removing
twigs and seeds from, or in otherwise cleaning or refining, cannabis.
Blenders, bowls, containers, spoons, and mixing devices used, intended for use, or
designed for use in compounding controlled substances.
Capsules, balloons, envelopes, and other containers used, intended for use, or
designed for use in packaging small quantities of controlled substances.
Containers and other objects used, intended for use, or designed for use in storing,
concealing, or transporting controlled substances.
Hypodermic syringes, needles, and other objects used, intended for use, or designed
for use in parenterally injecting controlled substances into the human body.
Objects used, intended for use, or designed for use in ingesting, inhaling, or
otherwise introducing controlled substances, as described in s. 893.03, or substances
described in s.
877.111(1) into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without
screens, permanent screens, hashish heads, or punctured metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
Roach clips: meaning objects used to hold burning material, such as a cannabis
cigarette, that has become too small or too short to be held in the hand.
Miniature cocaine spoons, and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Airdriven pipes.
Chillums.
Bongs.
Ice pipes or chillers.
A cartridge or canister, which means a small metal device used to contain nitrous
oxide.
A charger, sometimes referred to as a “cracker,” which means a small metal or plastic
device that contains an interior pin that may be used to expel nitrous oxide from a
cartridge or container.
A charging bottle, which means a device that may be used to expel nitrous oxide
from a cartridge or canister.
A whipit, which means a device that may be used to expel nitrous oxide.
A tank.
A balloon.
A hose or tube.
A 2litertype soda bottle.
Duct tape.
893.146. Determination of paraphernalia.
In determining whether an object is drug paraphernalia, a court or other authority or
jury shall consider, in addition to all other logically relevant factors, the following:
Statements by an owner or by anyone in control of the object concerning its use.
The proximity of the object, in time and space, to a direct violation of this act.
The proximity of the object to controlled substances.
The existence of any residue of controlled substances on the object.
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of
the object, to deliver it to persons who he or she knows, or should reasonably know,
intend to use the object to facilitate a violation of this act. The innocence of an
owner, or of anyone in control of the object, as to a direct violation of this act shall not
prevent a finding that the object is intended for use, or designed for use, as drug
paraphernalia.
Instructions, oral or written, provided with the object concerning its use.
Descriptive materials accompanying the object which explain or depict its use.
Any advertising concerning its use.
The manner in which the object is displayed for sale.
Whether the owner, or anyone in control of the object, is a legitimate supplier of like
or related items to the community, such as a licensed distributor of or dealer in tobacco
products.
Direct or circumstantial evidence of the ratio of sales of the object or objects to the
total sales of the business enterprise.
The existence and scope of legitimate uses for the object in the community.
Expert testimony concerning its use.
893.147. Use, possession, manufacture, delivery,
transportation, advertisement, or retail sale of drug
paraphernalia.
USE OR POSSESSION OF DRUG PARAPHERNALIA.— It is unlawful for any
person to use, or to possess with intent to use, drug paraphernalia:
To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack,
repack, store, contain, or conceal a controlled substance in violation of this chapter; or
To inject, ingest, inhale, or otherwise introduce into the human body a controlled
substance in violation of this chapter.
Any person who violates this subsection is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
(2) MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.—It is
unlawful for any person to deliver, possess with intent to deliver, or manufacture with
intent to deliver drug paraphernalia, knowing, or under circumstances where one
reasonably should know, that it will be used:
To plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a
controlled substance in violation of this act; or
To inject, ingest, inhale, or otherwise introduce into the human body a controlled
substance in violation of this act.
Any person who violates this subsection is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
DELIVERY OF DRUG PARAPHERNALIA TO A MINOR.—
Any person 18 years of age or over who violates subsection
by delivering drug paraphernalia to a person under 18 years of age is guilty of a felony of
the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Contraband as defined in s. 932.701(2)(a)1.
Any person who violates this subsection commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
ADVERTISEMENT OF DRUG PARAPHERNALIA.—It is unlawful for any person
to place in any newspaper, magazine, handbill, or other publication any advertisement,
knowing, or under circumstances where one reasonably should know, that the purpose of
the advertisement, in whole or in part, is to promote
the sale of objects designed or intended for use as drug paraphernalia. Any person who
violates this subsection is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
(6) RETAIL SALE OF DRUG PARAPHERNALIA.—
It is unlawful for a person to knowingly and willfully sell or offer for sale at retail
any drug paraphernalia described in s. 893.145(12)(a)(c) or (g)(m), other than a pipe
that is primarily made of briar, meerschaum, clay, or corn cob.
A person who violates paragraph (a) commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083, and, upon a second or subsequent
violation, commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
893.149. Unlawful possession of listed chemical.
(1) It is unlawful for any person to knowingly or intentionally:
Possess a listed chemical with the intent to unlawfully manufacture a controlled
substance;
Possess or distribute a listed chemical knowing, or having reasonable cause to
believe, that the listed chemical will be used to unlawfully manufacture a controlled
substance.
Any person who violates this section commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
This section does not apply to a public employee or private
contractor authorized to clean up or dispose of hazardous waste or toxic substances
resulting from the prohibited activities listed in s. 893.13(1)(g).
Any damages arising out of the unlawful possession of, storage of, or tampering with
a listed chemical, as defined in s. 893.033, shall be the sole responsibility of the person or
persons unlawfully possessing, storing, or tampering with the listed chemical. In no case
shall liability for damages arising out of the unlawful possession of, storage of, or
tampering with a listed chemical extend to the lawful owner, installer, maintainer,
designer, manufacturer, possessor, or seller of the listed chemical, unless such damages
arise out of the acts or omissions of the owner, installer, maintainer, designer,
manufacturer, possessor, or seller which constitute negligent misconduct or failure to
abide by the laws regarding the possession or storage of a listed chemical.
893.1495. Retail sale of ephedrine and related compounds.
For purposes of this section, the term “ephedrine or related
compounds” means ephedrine, pseudoephedrine, phenylpropanolamine, or any of their
salts, optical isomers, or salts of optical isomers.
A person may not knowingly obtain or deliver to an individual in any retail overthe
counter sale any nonprescription compound, mixture, or preparation containing ephedrine
or related compounds in excess of the following amounts:
In any single day, any number of packages that contain a total of 3.6 grams of
ephedrine or related compounds;
In any single retail, overthecounter sale, three packages,
regardless of weight, containing ephedrine or related compounds; or
In any 30day period, in any number of retail, overthecounter sales, a total of 9
grams or more of ephedrine or related compounds.
A person may not knowingly display and offer for retail sale any nonprescription
compound, mixture, or preparation containing ephedrine or related compounds other than
behind a checkout counter where the public is not permitted or other such location that is
not otherwise accessible to the general public.
A person who is the owner or primary operator of a retail outlet where any
nonprescription compound, mixture, or preparation containing ephedrine or related
compounds is available for sale may not knowingly allow an employee to engage in the
retail sale of such compound, mixture, or preparation unless the employee has completed
an employee training program that shall include, at a minimum, basic instruction on state
and federal regulations relating to the sale and distribution of such compounds, mixtures,
or preparations.
(a) Any person purchasing, receiving, or otherwise acquiring any nonprescription
compound, mixture, or preparation containing any detectable quantity of ephedrine or
related compounds must:
Be at least 18 years of age.
Produce a governmentissued photo identification showing his or her name, date of
birth, address, and photo identification number or an alternative form of identification
acceptable under 8
C.F.R. s. 274a.2(b)(1)(v)(A) and (B).
Sign his or her name on a record of the purchase, either on paper or on an electronic
signature capture device.
The Department of Law Enforcement shall approve an electronic recordkeeping
system for the purpose of recording and monitoring the realtime purchase of products
containing ephedrine or related compounds and for the purpose of monitoring this
information in order to prevent or investigate illegal purchases of these products. The
approved electronic recordkeeping system shall be provided to a pharmacy or retailer
without any additional cost or expense. A pharmacy or retailer may request an exemption
from electronic reporting from the Department of Law Enforcement if the pharmacy or
retailer lacks the technology to access the electronic recordkeeping system and such
pharmacy or retailer maintains a sales volume of less than 72 grams of ephedrine or
related compounds in a 30day period. The electronic recordkeeping system shall record
the following:
The date and time of the transaction.
The name, date of birth, address, and photo identification number of the purchaser, as
well as the type of identification and the government of issuance.
The number of packages purchased, the total grams per package, and the name of the
compound, mixture, or preparation containing ephedrine or related compounds.
The signature of the purchaser, or a unique number relating the transaction to a paper
signature maintained at the retail premises.
(c) The electronic recordkeeping system shall provide for:
Realtime tracking of nonprescription overthecounter sales under this section.
The blocking of nonprescription overthecounter sales in excess of those allowed by
the laws of this state or federal law.
A nonprescription compound, mixture, or preparation containing any quantity of
ephedrine or related compounds may not be sold over the counter unless reported to an
electronic recordkeeping system approved by the Department of Law Enforcement. This
subsection does not apply if the pharmacy or retailer has received an exemption from the
Department of Law Enforcement under paragraph (5)(b).
Prior to completing a transaction, a pharmacy or retailer distributing products
containing ephedrine or related compounds to consumers in this state shall submit all
required data into an electronic recordkeeping system approved by the Department of
Law Enforcement at the point of sale or through an interface with the electronic
recordkeeping system, unless granted an exemption by the Department of Law
Enforcement pursuant to paragraph (5)
(b).
The data submitted to the electronic recordkeeping system must be retained within
the system for no less than 2 years following the date of entry.
The requirements of this section relating to the marketing, sale, or distribution of
products containing ephedrine or related compounds supersede any local ordinance or
regulation passed by a county, municipality, or other local governmental authority.
(10) This section does not apply to:
Licensed manufacturers manufacturing and lawfully distributing products in the
channels of commerce.
Wholesalers lawfully distributing products in the channels of commerce.
Health care facilities licensed under chapter 395.
Licensed longterm care facilities.
Governmentoperated health departments.
Physicians’ offices.
Publicly operated prisons, jails, or juvenile correctional facilities or private adult or
juvenile correctional facilities under contract with the state.
Public or private educational institutions maintaining health care programs.
Governmentoperated or industryoperated medical facilities serving employees of
the government or industry operating them.
Any individual who violates subsection (2), subsection (3), or subsection (4)
commits:
For a first offense, a misdemeanor of the second degree, punishable as provided in s.
775.083.
For a second offense, a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083.
For a third or subsequent offense, a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s.
775.084.
Information contained within the electronic recordkeeping system shall be disclosed
in a manner authorized by state or federal law. Any retailer or entity that collects
information on behalf of a retailer as required by the Combat Methamphetamine
Epidemic Act of 2005 and this section may not access or use that information, except for
law enforcement purposes pursuant to state or federal law or to facilitate a product recall
for public health and safety.
A person who sells any product containing ephedrine or related compounds who in
good faith releases information under this section to federal, state, or local law
enforcement officers, or any person acting on behalf of such an officer, is immune from
civil liability for the release unless the release constitutes gross negligence or intentional,
wanton, or willful misconduct.
The Department of Law Enforcement shall contract or enter into a memorandum of
understanding, as applicable, with a private thirdparty administrator to implement the
electronic recordkeeping system required by this section.
The Department of Law Enforcement shall adopt rules necessary to implement this
section.
893.20. Continuing criminal enterprise.
Any person who commits three or more felonies under this chapter in concert with
five or more other persons with respect to whom such person occupies a position of
organizer, a supervisory position, or any other position of management and who obtains
substantial assets or resources from these acts is guilty of
engaging in a continuing criminal enterprise.
A person who commits the offense of engaging in a continuing criminal enterprise is
guilty of a life felony, punishable pursuant to the Criminal Punishment Code and by a
fine of $500,000.
Notwithstanding the provisions of s. 948.01, with respect to any person who is found
to have violated this section, adjudication of guilt or imposition of sentence may not be
suspended, deferred, or withheld.
This section does not prohibit separate convictions and sentences for violation of this
section and for felony violations of this chapter.
This section must be interpreted in concert with its federal analog, 21 U.S.C. s. 848.
CHAPTER 895
OFFENSES CONCERNING RACKETEERING AND
ILLEGAL DEBTS
895.02. Definitions.
As used in ss. 895.01895.08, the term:
(1) “Beneficial interest” means any of the following:
other provision of the Florida RICO Act.
“Documentary material” means any book, paper, document, writing, drawing, graph,
chart, photograph, phonorecord, magnetic tape, computer printout, other data compilation
from which information can be obtained or from which information can be translated into
usable form, or other tangible item.
“Enterprise” means any individual, sole proprietorship, partnership, corporation,
business trust, union chartered under the laws of this state, or other legal entity, or any
unchartered union, association, or group of individuals associated in fact although not a
legal entity; and it includes illicit as well as licit enterprises and governmental, as well as
other, entities. A criminal gang, as defined in s. 874.03, constitutes an enterprise.
“Investigative agency” means the Department of Legal Affairs, the Office of
Statewide Prosecution, or the office of a state attorney.
“Pattern of racketeering activity” means engaging in at least two incidents of
racketeering conduct that have the same or similar intents, results, accomplices, victims,
or methods of commission or that otherwise are interrelated by distinguishing
characteristics and are not isolated incidents, provided at least one of such incidents
occurred after October 1, 1977, and that the last of such incidents occurred within 5 years
after a prior incident of racketeering conduct.
“Racketeering activity” means to commit, to attempt to commit, to conspire to
commit, or to solicit, coerce, or intimidate another person to commit:
Any crime that is chargeable by petition, indictment, or information under the
following provisions of the Florida Statutes:
Section 210.18, relating to evasion of payment of cigarette taxes.
Section 316.1935, relating to fleeing or attempting to elude a law enforcement officer
and aggravated fleeing or eluding.
Section 403.727(3)(b), relating to environmental control.
Section 409.920 or s. 409.9201, relating to Medicaid fraud.
Section 414.39, relating to public assistance fraud.
Section 440.105 or s. 440.106, relating to workers’ compensation.
Section 443.071(4), relating to creation of a fictitious employer scheme to commit
reemployment assistance fraud.
Section 465.0161, relating to distribution of medicinal drugs without a permit as an
Internet pharmacy.
Section 499.0051, relating to crimes involving contraband, adulterated, or
misbranded drugs.
Part IV of chapter 501, relating to telemarketing.
Chapter 517, relating to sale of securities and investor protection.
Section 550.235 or s. 550.3551, relating to dogracing and horseracing.
Chapter 550, relating to jai alai frontons.
Section 551.109, relating to slot machine gaming.
Chapter 552, relating to the manufacture, distribution, and use of explosives.
Chapter 560, relating to money transmitters, if the violation is punishable as a felony.
Chapter 562, relating to beverage law enforcement.
Section 624.401, relating to transacting insurance without a certificate of authority, s.
624.437(4)(c)1., relating to operating an unauthorized multipleemployer welfare
arrangement, or s. 626.902(1)(b), relating to representing or aiding an unauthorized insurer.
Section 655.50, relating to reports of currency transactions, when such violation is
punishable as a felony.
Chapter 687, relating to interest and usurious practices.
Section 721.08, s. 721.09, or s. 721.13, relating to real estate timeshare plans.
Section 775.13(5)(b), relating to registration of persons found to have committed any
offense for the purpose of benefiting, promoting, or furthering the interests of a criminal
gang.
Section 777.03, relating to commission of crimes by accessories after the fact.
Chapter 782, relating to homicide.
Chapter 784, relating to assault and battery.
Chapter 787, relating to kidnapping or human trafficking.
Chapter 790, relating to weapons and firearms.
Chapter 794, relating to sexual battery, but only if such crime was committed with
the intent to benefit, promote, or further the interests of a criminal gang, or for the
purpose of increasing a criminal gang member’s own standing or position within a
criminal gang.
Former s. 796.03, former s. 796.035, s. 796.04, s. 796.05, or s. 796.07, relating to
prostitution.
Chapter 806, relating to arson and criminal mischief.
Chapter 810, relating to burglary and trespass.
Chapter 812, relating to theft, robbery, and related crimes.
Chapter 815, relating to computerrelated crimes.
Chapter 817, relating to fraudulent practices, false pretenses, fraud generally, and
credit card crimes.
Chapter 825, relating to abuse, neglect, or exploitation of an elderly person or
disabled adult.
Section 827.071, relating to commercial sexual exploitation of children.
Section 828.122, relating to fighting or baiting animals.
Chapter 831, relating to forgery and counterfeiting.
Chapter 832, relating to issuance of worthless checks and
drafts.
Section 836.05, relating to extortion.
Chapter 837, relating to perjury.
Chapter 838, relating to bribery and misuse of public office.
Chapter 843, relating to obstruction of justice.
Section 847.011, s. 847.012, s. 847.013, s. 847.06, or s. 847.07, relating to obscene
literature and profanity.
Chapter 849, relating to gambling, lottery, gambling or gaming devices, slot
machines, or any of the provisions within that chapter.
Chapter 874, relating to criminal gangs.
Chapter 893, relating to drug abuse prevention and control.
Chapter 896, relating to offenses related to financial transactions.
Sections 914.22 and 914.23, relating to tampering with or harassing a witness,
victim, or informant, and retaliation against a witness, victim, or informant.
Sections 918.12 and 918.13, relating to tampering with jurors and evidence.
Any conduct defined as “racketeering activity” under 18 U.S.C. s. 1961(1).
“Real property” means any real property or any interest in such real property,
including, but not limited to, any lease of or mortgage upon such real property.
“RICO lien notice” means the notice described in s. 895.05(13) or in s. 895.07.
“Trustee” means any of the following:
Any person acting as trustee pursuant to a trust established under s. 689.07 or s.
689.071 in which the trustee holds legal or record title to real property.
Any person who holds legal or record title to real property in which any other person
has a beneficial interest.
Any successor trustee or trustees to any or all of the foregoing persons.
However, the term “trustee” does not include any person appointed or acting as a
personal representative as defined in s. 731.201 or appointed or acting as a trustee of any
testamentary trust or as a trustee of any indenture of trust under which any bonds have
been or are to be issued.
“Unlawful debt” means any money or other thing of value constituting principal or
interest of a debt that is legally unenforceable in this state in whole or in part because the
debt was incurred or contracted:
(a) In violation of any one of the following provisions of law:
Section 550.235 or s. 550.3551, relating to dogracing and horseracing.
Chapter 550, relating to jai alai frontons.
Section 551.109, relating to slot machine gaming.
Chapter 687, relating to interest and usury.
Section 849.09, s. 849.14, s. 849.15, s. 849.23, or s. 849.25, relating to gambling.
In gambling activity in violation of federal law or in the
business of lending money at a rate usurious under state or federal law.
895.06. Civil investigative subpoenas; public records exemption.
If, pursuant to the civil enforcement provisions of s. 895.05, an investigative agency
has reason to believe that a person or other enterprise has engaged in, or is engaging in,
activity in violation of this chapter, the investigative agency may administer oaths or
affirmations, subpoena witnesses or material, and collect evidence.
A subpoena issued pursuant to this chapter is confidential for 120 days after the date
of its issuance. The subpoenaed person or entity may not disclose the existence of the
subpoena to any person or entity other than his or her attorney during the 120day period.
The subpoena must include a reference to the confidentiality of the subpoena and a notice
to the recipient of the subpoena that disclosure of the existence of the subpoena to any
other person or entity except the subpoenaed person’s or entity’s attorney is prohibited.
The investigative agency may apply ex parte to the circuit court for the circuit in which a
subpoenaed person or entity resides, is found, or transacts business for an order directing
that the subpoenaed person or entity not disclose the existence of the subpoena to any
other person or entity except the subpoenaed person’s attorney for an additional period of
time for good cause shown by the investigative agency. The order shall be served on the
subpoenaed person or entity with the subpoena, and the subpoena must include a
reference to the order and a notice to the recipient of the subpoena that disclosure of the
existence of the subpoena to any other person or entity in violation of the order may
subject the subpoenaed person or entity to punishment for contempt of court. Such an
order may be granted by the court only upon a showing:
Of sufficient factual grounds to reasonably indicate a violation of ss. 895.01895.06;
That the documents or testimony sought appear reasonably calculated to lead to the
discovery of admissible evidence; and
Of facts that reasonably indicate that disclosure of the subpoena would hamper or
impede the investigation or would result in a flight from prosecution.
If matter that the investigative agency seeks to obtain by the subpoena is located
outside the state, the person or enterprise subpoenaed may make such matter available to
the investigative agency or its representative for examination at the place where such
matter is located. The investigative agency may designate representatives, including
officials of the jurisdiction in which the matter is located, to inspect the matter on its
behalf and may respond to similar requests from officials of other jurisdictions.
Upon failure of a person or enterprise, without lawful excuse, to obey a subpoena
issued under this section or a subpoena issued in the course of a civil proceeding
instituted pursuant to s. 895.05, and after reasonable notice to such person or enterprise,
the investigative agency may apply to the circuit court in which such civil proceeding is
pending or, if no civil proceeding is pending, to the circuit court for the judicial circuit in
which such person or enterprise resides, is found, or transacts business for an order
compelling compliance. Except in a
prosecution for perjury, an individual who complies with a court order to provide
testimony or material after asserting a privilege against selfincrimination to which the
individual is entitled by law shall not have the testimony or material so provided, or
evidence derived therefrom, received against him or her in any criminal investigation or
proceeding.
A person who fails to obey a court order entered pursuant to this section may be
punished for contempt of court.
The investigative agency may stipulate to protective orders with respect to
documents and information submitted in response to a subpoena issued under this
section.
(a) Information held by an investigative agency pursuant to an investigation of a
violation of s. 895.03 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of
the State Constitution.
Information made confidential and exempt under paragraph
may be disclosed by the investigative agency to:
A government entity in the performance of its official duties.
A court or tribunal.
Information made confidential and exempt under paragraph
is no longer confidential and exempt once all investigations to which the information
pertains are completed, unless the information is otherwise protected by law.
For purposes of this subsection, an investigation is considered complete once the
investigative agency either files an action or closes its investigation without filing an
action.
This subsection is subject to the Open Government Sunset Review Act in accordance
with s. 119.15 and shall stand repealed on October 2, 2020, unless reviewed and saved
from repeal through reenactment by the Legislature.
CHAPTER 896
OFFENSES RELATED TO FINANCIAL TRANSACTIONS
896.101. Florida Money Laundering Act; definitions; penalties;
injunctions; seizure warrants; immunity.
This section may be cited as the “Florida Money Laundering Act.”
As used in this section, the term:
more monetary instruments, which in any way or degree affects commerce, or a
transaction involving the transfer of title to any real property, vehicle, vessel, or aircraft,
or a transaction involving the use of a financial institution which is engaged in, or the
activities of which affect, commerce in any way or degree.
“Monetary instruments” means coin or currency of the United States or of any other
country, travelers’ checks, personal checks, bank checks, money orders, investment
securities in bearer form or otherwise in such form that title thereto passes upon delivery,
and negotiable instruments in bearer form or otherwise in such form that title thereto
passes upon delivery.
“Financial institution” means a financial institution as defined in 31 U.S.C. s. 5312
which institution is located in this state.
“Specified unlawful activity” means any “racketeering activity” as defined in s.
895.02.
“Knowing” means that a person knew; or, with respect to any transaction or
transportation involving more than $10,000 in U.S. currency or foreign equivalent,
should have known after reasonable inquiry, unless the person has a duty to file a federal
currency transaction report, IRS Form 8300, or a like report under state law and has
complied with that reporting requirement in accordance with law.
“Petitioner” means any local, county, state, or federal law enforcement agency; the
Attorney General; any state attorney; or the statewide prosecutor.
(3) It is unlawful for a person:
Knowing that the property involved in a financial transaction represents the proceeds
of some form of unlawful activity, to conduct or attempt to conduct such a financial
transaction which in fact involves the proceeds of specified unlawful activity:
With the intent to promote the carrying on of specified unlawful activity; or
Knowing that the transaction is designed in whole or in part:
a. To conceal or disguise the nature, the location, the source, the ownership, or the
control of the proceeds of specified unlawful activity; or
b. To avoid a transaction reporting requirement or money transmitters’ registration
requirement under state law.
To transport or attempt to transport a monetary instrument or funds:
With the intent to promote the carrying on of specified unlawful activity; or
Knowing that the monetary instrument or funds involved in the transportation
represent the proceeds of some form of unlawful activity and knowing that such
transportation is designed in whole or in part:
a. To conceal or disguise the nature, the location, the source, the ownership, or the
control of the proceeds of specified unlawful activity; or
b. To avoid a transaction reporting requirement or money transmitters’ registration
requirement under state law.
To conduct or attempt to conduct a financial transaction which involves property or
proceeds which an investigative or law enforcement officer, or someone acting under
such officer’s direction, represents as being derived from, or as being used to conduct or
facilitate, specified unlawful activity, when the person’s conduct or attempted conduct is
undertaken with the intent:
To promote the carrying on of specified unlawful activity; or
To conceal or disguise the nature, the location, the source, the ownership, or the
control of the proceeds or property believed to be the proceeds of specified unlawful
activity; or
To avoid a transaction reporting requirement under state law.
For the purposes of this subsection, “investigative or law enforcement officer” means
any officer of the State of Florida or political subdivision thereof, of the United States, or
of any other state or political subdivision thereof, who is empowered by law to conduct,
on behalf of the government, investigations of, or to make arrests for, offenses
enumerated in this subsection or similar federal offenses.
It does not constitute a defense to a prosecution for any violation of this chapter that:
Any stratagem or deception, including the use of an undercover operative or law
enforcement officer, was employed.
A facility or an opportunity to engage in conduct in violation of this act was
provided.
A law enforcement officer, or person acting under direction
of a law enforcement officer, solicited a person predisposed to engage in conduct in
violation of any provision of this chapter to commit a violation of this chapter in order to
gain evidence against that person, provided such solicitation would not induce an
ordinary lawabiding person to violate this chapter.
This subsection does not preclude the defense of entrapment.
(5) A person who violates this section, if the violation involves:
Financial transactions exceeding $300 but less than $20,000 in any 12month period,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
Financial transactions totaling or exceeding $20,000 but less than $100,000 in any
12month period, commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Financial transactions totaling or exceeding $100,000 in any 12month period,
commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
In addition to the penalties authorized by s. 775.082, s. 775.083, or s. 775.084, a
person who has been found guilty of or who has pleaded guilty or nolo contendere to
having violated this section may be sentenced to pay a fine not exceeding $250,000 or
twice the value of the financial transactions, whichever is greater, except that for a second
or subsequent violation of this section, the fine may be up to $500,000 or quintuple the
value of the financial transactions, whichever is greater.
A person who violates this section is also liable for a civil penalty of not more than
the value of the financial transactions
involved or $25,000, whichever is greater.
(a) If a person is alienating or disposing of monetary instruments or funds, or appears
likely to or demonstrates an intent to alienate or dispose of monetary instruments or
funds, used in violation of this section, chapter 560, s. 655.50, or any crime listed as
specified unlawful activity under this section, or monetary instruments or funds that are
traceable to any such violation, the petitioner may commence a civil action in any circuit
court having jurisdiction where such monetary instruments or funds are located or have
been deposited for a temporary injunction to prohibit any person from withdrawing,
transferring, removing, dissipating, or disposing of any such monetary instruments or
funds of equivalent value. The temporary injunction will be obtained pursuant to Florida
Civil Rule of Procedure 1.610. This section governs all temporary injunctions obtained
pursuant to this section and supersedes all other provisions of the rule that may be
inconsistent with this section. The court shall take into account any anticipated impact the
temporary injunction will have on innocent third parties or businesses, balanced against
the petitioner’s need to preserve the monetary instruments or funds.
A temporary injunction must be granted without bond to the petitioner. However, the
court may authorize a respondent to post a bond equal to the amount to be enjoined and
to have the injunction dissolved.
A temporary injunction is to be entered upon application of the petitioner, ex parte
and without notice or opportunity for a hearing with respect to the monetary instruments
or funds.
Such a temporary order expires not more than 10 days after the date on which the
order is served, unless extended for good cause shown or unless the party against whom it
is entered consents to an extension for a longer period.
If at any time the petitioner discovers that the funds sought to be enjoined total less
than $10,000, the petitioner shall immediately inform the court and the court shall
immediately dissolve the temporary injunction.
At the termination of the temporary injunction or at any time before the termination
of the temporary injunction, the petitioner may:
Obtain a warrant or other court order and seize the monetary instruments or funds
and initiate a civil forfeiture action;
Obtain a warrant or other court order and seize the monetary instruments or funds for
any subsequent criminal prosecution; or
Petition the court to extend the order for a period not longer than 10 days from the
original order’s termination date. At the end of the termination of the 10day extension,
the petitioner may take either of the steps outlined in subparagraph 1. or subparagraph 2.
However, the petitioner may not be granted any additional extensions.
1. Upon service of the temporary order served pursuant to this section, the petitioner
shall immediately notify by certified mail, return receipt requested, or by personal
service, both the person or entity in possession of the monetary instruments or funds and
the owner of the monetary instruments or funds if known, of the order entered pursuant to
this section and that the
lawful owner of the monetary instruments or funds being enjoined may request a hearing
to contest and modify the order entered pursuant to this section by petitioning the court
that issued the order, so that such notice is received within 72 hours.
The notice shall advise that the hearing shall be held within 3 days of the request, and
the notice must state that the hearing will be set and noticed by the person against whom
the order is served.
The notice shall specifically state that the lawful owner has the right to produce
evidence of legitimate business expenses, obligations, and liabilities, including but not
limited to, employee payroll expenses verified by current reemployment assistance
records, employee workers’ compensation insurance, employee health insurance, state
and federal taxes, and regulatory or licensing fees only as may become due before the
expiration of the temporary order.
Upon determination by the court that the expenses are valid, payment of such
expenses may be effected by the owner of the enjoined monetary instruments or funds
only to the courtordered payees through courtreviewed checks, issued by the owner of,
and the person or entity in possession of, the enjoined monetary instruments or funds.
Upon presentment, the person or entity in possession of the enjoined funds or monetary
instruments shall only honor the payment of the check to the courtordered payee.
Only the lawful owner or the account holder of the monetary instruments or funds
being enjoined may request a hearing to contest the order entered pursuant to this section
by petitioning the court that issued the order. A hearing must be held within 3 days after
the request or as soon as practicable thereafter
and before the expiration of the temporary order. The hearing must be set and noticed by
the lawful owner of the monetary instruments or funds or his or her attorney. Notice of
the hearing must be provided to the petitioner who procured the temporary injunction
pursuant to the Florida Rules of Civil Procedure but not less than 24 hours before the
scheduled hearing. The court may receive and consider at a hearing held pursuant to this
subsection, evidence and information that would be inadmissible under the Florida Rules
of Evidence. A proceeding under this subsection is governed by the Florida Rules of
Civil Procedure.
(a) The petitioner may request issuance of a warrant authorizing the seizure of
property, monetary instruments, or funds subject to civil forfeiture in the same manner as
provided for search warrants in chapter 933.
[Intentionally omitted.]
(10) [Intentionally
omitted.]
In any prosecution brought pursuant to this chapter, the common law corpus delicti
rule does not apply. The defendant’s confession or admission is admissible during trial
without the state’s having to prove the corpus delicti if the court finds in a hearing
conducted outside the presence of the jury that the defendant’s confession or admission is
trustworthy. Before the court admits the defendant’s confession or admission, the state
must prove by a preponderance of the evidence that there is sufficient corroborating
evidence that tends to establish the trustworthiness of the statement by the defendant.
Hearsay evidence is admissible during the presentation of evidence at the hearing. In
making its determination, the court may consider all
relevant corroborating evidence, including the defendant’s statements.
896.104. Structuring transactions to evade reporting or registration
requirements prohibited.
DEFINITIONS.—For purposes of this section, the terms “structure” or “structuring”
mean that a person, acting alone, or in conjunction with, or on behalf of, other persons,
conducts or attempts to conduct one or more transactions in currency, in any amount, at
one or more financial institutions, on one or more days, in any manner, for the purpose of
evading currency transaction reporting requirements provided by state or federal law. “In
any manner” includes, but is not limited to, the breaking down of a single sum of
currency exceeding $10,000 into smaller sums, including sums at or below $10,000, or
the conduct of a transaction, or series of currency transactions, at or below $10,000. The
transaction or transactions need not exceed the $10,000 reporting threshold at any single
financial institution on any single day in order to meet the definition of “structure” or
“structuring” provided in this subsection.
DOMESTIC COIN AND CURRENCY TRANSACTIONS. —A person may not, for
the purpose of evading the reporting and registration requirements of chapter 560, chapter
655, or this chapter, or 31 U.S.C. s. 5313(a) or s. 5325, or any rules or regulations
adopted under those chapters and sections, when some portion of the activity by that
person occurs in this state:
Cause or attempt to cause a person or financial institution in this state to fail to file an
applicable report or registration required under those chapters and sections or any rule or
regulation
adopted under any of those chapters and sections;
Cause or attempt to cause a person or financial institution in this state to file an
applicable report required under those chapters and sections or any rule or regulation
adopted under those chapters and sections which contains a material omission or
misstatement of fact; or
Structure or assist in structuring, or attempt to structure or assist in structuring, any
financial transaction with or involving one or more financial institutions in this state.
(3) INTERNATIONAL MONETARY INSTRUMENT TRANSACTIONS.—A
person may not, for the purpose of evading the reporting or registration requirements of
chapter 560, chapter 655, or this chapter, or 31 U.S.C. s. 5316, when some portion of the
activity by that person occurs in this state:
Fail to file an applicable registration or report required by those chapters and
sections, or cause or attempt to cause a person to fail to file such a report;
File or cause or attempt to cause a person to file an applicable registration or report
required under those chapters and sections which contains a material omission or
misstatement of fact; or
Structure or assist in structuring, or attempt to structure or assist in structuring, any
importation or exportation of currency or monetary instruments or funds to, from, or
through financial institutions in this state.
(4) CRIMINAL PENALTIES.—
(a) A person who violates this section, if the violation involves:
Financial transactions exceeding $300 but less than $20,000 in any 12month period,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
Financial transactions totaling or exceeding $20,000 but less than $100,000 in any
12month period, commits a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Financial transactions totaling or exceeding $100,000 in any 12month period,
commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
In addition to the penalties authorized by s. 775.082, s. 775.083, or s. 775.084, a
person who has been found guilty of or who has pleaded guilty or nolo contendere to
having violated this section may be sentenced to pay a fine not exceeding $250,000 or
twice the value of the financial transactions, whichever is greater, except that for a second
or subsequent violation of this section, the fine may be up to $500,000 or quintuple the
value of the financial transactions, whichever is greater.
A person who violates this section is also liable for a civil penalty of not more than
the value of the financial transactions involved or $25,000, whichever is greater.
INFERENCE.—Proof that a person engaged for monetary consideration in the
business of a money transmitter, as defined in s. 560.103, and who is transporting more
than $10,000 in currency, or the foreign equivalent, without being licensed as a money
transmitter or designated as an authorized vendor under
chapter 560, gives rise to an inference that the transportation was done with knowledge
of the licensure requirements of chapter 560 and the reporting requirements of this
chapter.
CONSTRUCTION.—This section may not be construed to require any new or
additional reporting requirements on any entity obligated to file reports under state or
federal law.
896.105. Penalty provisions not applicable to law
enforcement.
The penalty provisions of this chapter, including those directed at reporting violations
or the conduct or attempted conduct of unlawful financial transactions, the unlawful
transportation or attempted transportation of monetary instruments, and the concealment
of unlawful proceeds or their ownership are not applicable to law enforcement officers
who engage in aspects of such activity for bona fide authorized undercover law
enforcement purposes in the course of or in relation to an active criminal investigation,
active criminal intelligence gathering, or active prosecution.
896.106. Fugitive disentitlement.
A person may not use the resources of the courts of this state in furtherance of a
claim in any related civil forfeiture action or a claim in a thirdparty proceeding in any
related forfeiture action if that person purposely leaves the jurisdiction of this state or the
United States; declines to enter or reenter this state to submit to its jurisdiction; or
otherwise evades the jurisdiction of the court in which a criminal case is pending against
the person.
CHAPTER 901
ARRESTS
901.36. Prohibition against giving false name or false identification
by person arrested or lawfully detained; penalties; court orders.
It is unlawful for a person who has been arrested or lawfully detained by a law
enforcement officer to give a false name, or otherwise falsely identify himself or herself
in any way, to the law enforcement officer or any county jail personnel. Except as
provided in subsection (2), any person who violates this subsection commits a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
A person who violates subsection (1), if such violation results in another person
being adversely affected by the unlawful use of his or her name or other identification,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
(a) In sentencing a person for violation of this section, a court may order restitution.
The sentencing court may issue such orders as are necessary to correct any public
record because it contains a false name or other false identification information given in
violation of this section.
Upon application to the court, a person adversely affected by the unlawful use of his
or her name or other identification in violation of this section may obtain from the court
orders necessary to correct any public record, as described in paragraph
(b).
CHAPTER 903
BAIL
903.047. Conditions of pretrial release.
As a condition of pretrial release, whether such release is by surety bail bond or
recognizance bond or in some other form, the defendant must:
Refrain from criminal activity of any kind.
If the court issues an order of no contact, refrain from any contact of any type with
the victim, except through pretrial discovery pursuant to the Florida Rules of Criminal
Procedure. An order of no contact is effective immediately and enforceable for the
duration of the pretrial release or until it is modified by the court. The defendant shall be
informed in writing of the order of no contact, specifying the applicable prohibited acts,
before the defendant is released from custody on pretrial release. As used in this section,
unless otherwise specified by the court, the term “no contact” includes the following
prohibited acts:
Communicating orally or in any written form, either in person, telephonically,
electronically, or in any other manner, either directly or indirectly through a third person,
with the victim or any other person named in the order. If the victim and the defendant
have children in common, at the request of the defendant, the court may designate an
appropriate third person to contact the victim for the sole purpose of facilitating the
defendant’s contact with the children. However, this subparagraph does not prohibit an
attorney for the defendant, consistent with rules regulating The Florida Bar, from
communicating with any
person protected by the no contact order for lawful purposes.
Having physical or violent contact with the victim or other named person or his or
her property.
Being within 500 feet of the victim’s or other named person’s residence, even if the
defendant and the victim or other named person share the residence.
Being within 500 feet of the victim’s or other named person’s vehicle, place of
employment, or a specified place frequented regularly by such person.
(c) Comply with all conditions of pretrial release.
Upon motion by the defendant when bail is set, or upon later motion properly noticed
pursuant to law, the court may modify the condition required by paragraph (1)(b) if good
cause is shown and the interests of justice so require. The victim shall be permitted to be
heard at any proceeding in which such modification is considered, and the state attorney
shall notify the victim of the provisions of this subsection and of the pendency of any
such proceeding.
CHAPTER 914
WITNESSES; CRIMINAL PROCEEDINGS
914.22. Tampering with or harassing a witness, victim, or informant;
penalties.
A person who knowingly uses intimidation or physical force, or threatens another
person, or attempts to do so, or engages in misleading conduct toward another person, or
offers pecuniary benefit or gain to another person, with intent to cause or induce any
person to:
Withhold testimony, or withhold a record, document, or other object, from an official
investigation or official proceeding;
Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or
availability of the object for use in an official investigation or official proceeding;
Evade legal process summoning that person to appear as a witness, or to produce a
record, document, or other object, in an official investigation or an official proceeding;
Be absent from an official proceeding to which such person has been summoned by
legal process;
Hinder, delay, or prevent the communication to a law enforcement officer or judge of
information relating to the commission or possible commission of an offense or a
violation of a condition of probation, parole, or release pending a judicial proceeding; or
Testify untruthfully in an official investigation or an official proceeding,
commits the crime of tampering with a witness, victim, or informant.
(2) Tampering with a witness, victim, or informant is a:
Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, where the official investigation or official proceeding affected involves the
investigation or prosecution of a misdemeanor.
Felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, where the official investigation or official proceeding affected involves the
investigation or prosecution of a third degree felony.
Felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, where the official investigation or official proceeding affected involves the
investigation or prosecution of a second degree felony.
Felony of the first degree, punishable by a term of years not exceeding life or as
provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or
official proceeding affected involves the investigation or prosecution of a first degree
felony or a first degree felony punishable by a term of years not exceeding life.
Life felony, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, where
the official investigation or official proceeding affected involves the investigation or
prosecution of a life or capital felony.
Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, where the offense level of the
affected official investigation or official proceeding is indeterminable or where the
affected official investigation or official proceeding involves a noncriminal investigation
or proceeding.
Whoever intentionally harasses another person and thereby hinders, delays, prevents,
or dissuades any person from:
Attending or testifying in an official proceeding or cooperating in an official
investigation;
Reporting to a law enforcement officer or judge the commission or possible
commission of an offense or a violation of a condition of probation, parole, or release
pending a judicial proceeding;
Arresting or seeking the arrest of another person in connection with an offense; or
Causing a criminal prosecution, or a parole or probation revocation proceeding, to be
sought or instituted, or from assisting in such prosecution or proceeding;
or attempts to do so, commits the crime of harassing a witness, victim, or informant.
(4) Harassing a witness, victim, or informant is a:
Misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083,
where the official investigation or official proceeding affected involves the investigation
or prosecution of a misdemeanor.
Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, where the official investigation
or official proceeding affected involves the investigation or prosecution of a third degree
felony.
Felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, where the official investigation or official proceeding affected involves the
investigation or prosecution of a second degree felony.
Felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, where the official investigation or official proceeding affected involves the
investigation or prosecution of a first degree felony.
Felony of the first degree, punishable by a term of years not exceeding life or as
provided in s. 775.082, s. 775.083, or s. 775.084, where the official investigation or
official proceeding affected involves the investigation or prosecution of a felony of the
first degree punishable by a term of years not exceeding life or a prosecution of a life or
capital felony.
Felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, where the offense level of the affected official investigation or official
proceeding is indeterminable or where the affected official investigation or official
proceeding involves a noncriminal investigation or proceeding.
(5) For the purposes of this section:
An official proceeding need not be pending or about to be instituted at the time of the
offense; and
The testimony or the record, document, or other object need not be admissible in
evidence or free of a claim of privilege.
In a prosecution for an offense under this section, no state of mind need be proved
with respect to the circumstance:
That the official proceeding before a judge, court, grand jury, or government agency
is before a judge or court of the state, a state or local grand jury, or a state agency; or
That the judge is a judge of the state or that the law enforcement officer is an officer
or employee of the state or a person authorized to act for or on behalf of the state or
serving the state as an adviser or consultant.
914.23. Retaliating against a witness, victim, or informant.
A person who knowingly engages in any conduct that causes bodily injury to another
person or damages the tangible property of another person, or threatens to do so, with
intent to retaliate against any person for:
The attendance of a witness or party at an official proceeding, or for any testimony
given or any record, document, or other object produced by a witness in an official
proceeding; or
Any information relating to the commission or possible commission of an offense or
a violation of a condition of probation, parole, or release pending a judicial proceeding
given by a person to a law enforcement officer;
or attempts to do so, is guilty of a criminal offense. If the conduct results in bodily
injury, such person is guilty of a felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084. Otherwise, such person is guilty of a felony of the
third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
914.24. Civil action to restrain harassment of a victim or witness.
(a) A circuit court, upon application of the state attorney, shall issue a temporary
restraining order prohibiting the harassment of a victim or witness in a criminal case if
the court finds, from specific facts shown by affidavit or by verified complaint, that there
are reasonable grounds to believe that harassment of an identified victim or witness in a
criminal case exists or that such order is necessary to prevent and restrain an offense
under s. 914.22, other than an offense consisting of misleading conduct, or to prevent and
restrain an offense under s. 914.23.
1. A temporary restraining order may be issued under this section without written or
oral notice to the adverse party or such party’s attorney in a civil action under this section
if the court finds, upon written certification of facts by the state attorney, that such notice
should not be required and that there is a reasonable probability that the state will prevail
on the merits. The temporary restraining order shall set forth the reasons for the issuance
of such order, be specific in terms, and describe in reasonable detail, and not by reference
to the complaint or other document, the act or acts being restrained.
A temporary restraining order issued without notice under this section shall be
endorsed with the date and hour of issuance and be filed forthwith in the office of the
clerk of the court issuing the order.
A temporary restraining order issued under this section shall expire at such time as
the court directs, not to exceed 10 days from issuance. The court, for good cause shown
before expiration of such order, may extend the expiration date of the order for up to 10
days or for a longer period agreed to by the adverse party.
When a temporary restraining order is issued without notice, the motion for a
protective order shall be set down for hearing at the earliest possible time and takes
precedence over all matters except older matters of the same character; and, if the state
attorney does not proceed with the application for a protective order when such motion
comes on for hearing, the court shall dissolve the temporary restraining order.
If, on 2 days’ notice to the state attorney or on such shorter notice as the court may
prescribe, the adverse party appears and moves to dissolve or modify the temporary
restraining order, the court shall proceed to hear and determine such motion as
expeditiously as the ends of justice require.
(a) A circuit court, upon motion of the state attorney, shall issue a protective order
prohibiting the harassment of a victim or witness in a criminal case if the court, after a
hearing, finds by a preponderance of the evidence that harassment of an identified victim
or witness in a criminal case exists or that such order is necessary to prevent and restrain
an offense under s. 914.22, other than an offense consisting of misleading conduct, or to
prevent and restrain an offense under s. 914.23.
At the hearing referred to in paragraph (a), any adverse party named in the complaint
has the right to present evidence and crossexamine witnesses.
A protective order shall set forth the reasons for the issuance of such order, be
specific in terms, and describe in reasonable detail, and not by reference to the complaint
or other document, the act or acts being restrained.
The court shall set the duration of the protective order for such period as it
determines is necessary to prevent the harassment of the victim or witness but in no case
shall the duration be set for a period in excess of 3 years from the date of the issuance of
the order. The state attorney may, at any time within 90 days before the expiration of
such order, apply for a new protective order under this section.
(3) As used in this section, the term:
“Harassment” means a course of conduct directed at a specific person that:
Causes substantial emotional distress in such person; and
Serves no legitimate purpose.
“Course of conduct” means a series of acts over a period of time, however short,
indicating a continuity of purpose.
Nothing in this section precludes a court from entering any other order or remedy
which may be appropriate in the circumstances.
CHAPTER 918
CONDUCT OF TRIAL
918.13. Tampering with or fabricating physical evidence.
No person, knowing that a criminal trial or proceeding or an investigation by a duly
constituted prosecuting authority, law enforcement agency, grand jury or legislative
committee of this state is pending or is about to be instituted, shall:
Alter, destroy, conceal, or remove any record, document, or thing with the purpose to
impair its verity or availability in such proceeding or investigation; or
Make, present, or use any record, document, or thing, knowing it to be false.
Any person who violates any provision of this section shall be guilty of a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
918.16. Sex offenses; testimony of person under age 16 or who has an
intellectual disability; testimony of victim; courtroom cleared; exceptions.
Except as provided in subsection (2), in the trial of any case, civil or criminal, if any
person under the age of 16 or any person with an intellectual disability as defined in s.
393.063 is testifying concerning any sex offense, the court shall clear the courtroom of all
persons except parties to the cause and their immediate families or guardians, attorneys
and their secretaries, officers of the court, jurors, newspaper reporters or broadcasters,
court reporters, and, at the request of the victim, victim or witness
advocates designated by the state attorney’s office.
If the victim of a sex offense is testifying concerning that offense in any civil or
criminal trial, the court shall clear the courtroom of all persons upon the request of the
victim, regardless of the victim’s age or mental capacity, except that parties to the cause
and their immediate families or guardians, attorneys and their secretaries, officers of the
court, jurors, newspaper reporters or broadcasters, court reporters, and, at the request of
the victim, victim or witness advocates designated by the state attorney may remain in the
courtroom.
CHAPTER 934
SECURITY OF COMMUNICATIONS; SURVEILLANCE
934.03. Interception and disclosure of wire, oral, or electronic
communications prohibited.
Except as otherwise specifically provided in this chapter, any person who:
Intentionally intercepts, endeavors to intercept, or procures any other person to
intercept or endeavor to intercept any wire, oral, or electronic communication;
Intentionally uses, endeavors to use, or procures any other person to use or endeavor
to use any electronic, mechanical, or other device to intercept any oral communication
when:
Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or
other like connection used in wire communication; or
Such device transmits communications by radio or interferes with the transmission of
such communication;
Intentionally discloses, or endeavors to disclose, to any other person the contents of
any wire, oral, or electronic communication, knowing or having reason to know that the
information was obtained through the interception of a wire, oral, or electronic
communication in violation of this subsection;
Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic
communication, knowing or having reason to know that the information was obtained
through the interception of a wire, oral, or electronic communication in
violation of this subsection; or
Intentionally discloses, or endeavors to disclose, to any other person the contents of
any wire, oral, or electronic communication intercepted by means authorized by
subparagraph
(2)(a)2., paragraph (2)(b), paragraph (2)(c), s. 934.07, or s. 934.09 when that person
knows or has reason to know that the information was obtained through the interception
of such a communication in connection with a criminal investigation, has obtained or
received the information in connection with a criminal investigation, and intends to
improperly obstruct, impede, or interfere with a duly authorized criminal investigation;
shall be punished as provided in subsection (4).
(a) 1. It is lawful under this section and ss. 934.04934.09 for an operator of a
switchboard, or an officer, employee, or agent of a provider of wire or electronic
communication service whose facilities are used in the transmission of a wire or
electronic communication, to intercept, disclose, or use that communication in the normal
course of his or her employment while engaged in any activity which is a necessary
incident to the rendition of his or her service or to the protection of the rights or property
of the provider of that service, except that a provider of wire communication service to
the public shall not utilize service observing or random monitoring except for mechanical
or service quality control checks.
Notwithstanding any other law, a provider of wire, oral, or electronic communication
service, or an officer, employee, or agent thereof, or landlord, custodian, or other person,
may provide information, facilities, or technical assistance to a person
authorized by law to intercept wire, oral, or electronic communications if such provider,
or an officer, employee, or agent thereof, or landlord, custodian, or other person, has been
provided with:
a. A court order directing such assistance signed by the authorizing judge; or
b. A certification in writing by a person specified in s. 934.09(7) that no warrant or
court order is required by law, that all statutory requirements have been met, and that the
specified assistance is required, setting forth the period of time during which the
provision of the information, facilities, or technical assistance is authorized and
specifying the information, facilities, or technical assistance required.
A provider of wire, oral, or electronic communication service, or an officer,
employee, or agent thereof, or landlord, custodian, or other person may not disclose the
existence of any interception or the device used to accomplish the interception with
respect to which the person has been furnished an order under this section and ss. 934.04
934.09, except as may otherwise be required by legal process and then only after prior
notice to the Governor, the Attorney General, the statewide prosecutor, or a state
attorney, as may be appropriate. Any such disclosure renders such person liable for the
civil damages provided under s. 934.10, and such person may be prosecuted under s.
934.43. An action may not be brought against any provider of wire, oral, or electronic
communication service, or an officer, employee, or agent thereof, or landlord, custodian,
or other person for providing information, facilities, or assistance in accordance with the
terms of a court order under this section and ss. 934.04934.09.
It is lawful under this section and ss. 934.04934.09 for an officer, employee, or agent of
the Federal Communications Commission, in the normal course of his or her employment and
in discharge of the monitoring responsibilities exercised by the commission in the
enforcement of 47 U.S.C. chapter 5, to intercept a wire, oral, or electronic communication
transmitted by radio or to disclose or use the information thereby obtained.
It is lawful under this section and ss. 934.04934.09 for an investigative or law
enforcement officer or a person acting under the direction of an investigative or law
enforcement officer to intercept a wire, oral, or electronic communication when such person
is a party to the communication or one of the parties to the communication has given prior
consent to such interception and the purpose of such interception is to obtain evidence of a
criminal act.
It is lawful under this section and ss. 934.04934.09 for a person to intercept a wire, oral,
or electronic communication when all of the parties to the communication have given prior
consent to such interception.
It is unlawful to intercept any wire, oral, or electronic communication for the purpose of
committing any criminal act.
It is lawful under this section and ss. 934.04934.09 for an employee of a telephone
company to intercept a wire communication for the sole purpose of tracing the origin of such
communication when the interception is requested by the recipient of the communication and
the recipient alleges that the communication is obscene, harassing, or threatening in nature.
The individual conducting the interception shall notify local
police authorities within 48 hours after the time of the interception.
It is lawful under this section and ss. 934.04934.09 for an employee of:
An ambulance service licensed pursuant to s. 401.25, a fire station employing
firefighters as defined by s. 633.102, a public utility, a law enforcement agency as
defined by s. 934.02(10), or any other entity with published emergency telephone
numbers;
An agency operating an emergency telephone number “911” system established
pursuant to s. 365.171; or
The central abuse hotline operated pursuant to s. 39.201
a. By any station for the use of the general public, or that relates to ships, aircraft,
vehicles, or persons in distress;
b. By any governmental, law enforcement, civil defense, private land mobile, or
public safety communications system, including any police or fire communications
system, readily accessible to the general public;
c. By a station operating on an authorized frequency within the bands allocated to the
amateur, citizens band, or general mobile radio services; or
d. By any marine or aeronautical communications system.
3. To engage in any conduct which:
a. Is prohibited by s. 633 of the Communications Act of 1934;
or
b. Is excepted from the application of s. 705(a) of the Communications Act of 1934
by s. 705(b) of that act.
To intercept any wire or electronic communication the transmission of which is
causing harmful interference to any lawfully operating station of consumer electronic
equipment to the extent necessary to identify the source of such interference.
To intercept, if such person is another user of the same frequency, any radio
communication that is not scrambled or encrypted made through a system that utilizes
frequencies monitored by individuals engaged in the provision or the use of such system.
To intercept a satellite transmission that is not scrambled or encrypted and that is
transmitted:
a. To a broadcasting station for purposes of retransmission to the general public; or
b. As an audio subcarrier intended for redistribution to facilities open to the public,
but not including data transmissions or telephone calls, when such interception is not for
the purposes of direct or indirect commercial advantage or private financial gain.
To intercept and privately view a private satellite video communication that is not
scrambled or encrypted or to intercept a radio communication that is transmitted on
frequencies allocated under subpart D of part 74 of the rules of the Federal
Communications Commission that is not scrambled or encrypted, if such interception is
not for a tortious or illegal purpose or for purposes of direct or indirect commercial
advantage or private commercial gain.
It shall not be unlawful under this section and ss. 934.04
934.09:
To use a pen register or a trap and trace device as authorized under ss. 934.31934.34
or under federal law; or
For a provider of electronic communication service to record the fact that a wire or
electronic communication was initiated or
completed in order to protect such provider, another provider furnishing service toward
the completion of the wire or electronic communication, or a user of that service, from
fraudulent, unlawful, or abusive use of such service.
It is not unlawful under this section and ss. 934.04934.09 for a person acting under
color of law to intercept the wire or electronic communications of a computer trespasser
which are transmitted to, through, or from a protected computer if:
The owner or operator of the protected computer authorizes the interception of the
communications of the computer trespasser;
The person acting under color of law is lawfully engaged in an investigation;
The person acting under color of law has reasonable grounds to believe that the
contents of the communications of the computer trespasser will be relevant to the
investigation; and
The interception does not acquire communications other than those transmitted to,
through, or from the computer trespasser.
It is lawful under this section and ss. 934.04934.09 for a child under 18 years of age
to intercept and record an oral communication if the child is a party to the communication
and has reasonable grounds to believe that recording the communication will capture a
statement by another party to the communication that the other party intends to commit,
is committing, or has committed an unlawful sexual act or an unlawful act of physical
force or violence against the child.
(a) Except as provided in paragraph (b), a person or entity
providing an electronic communication service to the public shall not intentionally
divulge the contents of any communication while in transmission on that service to any
person or entity other than an addressee or intended recipient of such communication or
an agent of such addressee or intended recipient.
A person or entity providing electronic communication service to the public may
divulge the contents of any such communication:
As otherwise authorized in paragraph (2)(a) or s. 934.08;
With the lawful consent of the originator or any addressee or intended recipient of
such communication;
To a person employed or authorized, or whose facilities are used, to forward such
communication to its destination; or
Which were inadvertently obtained by the service provider and which appear to
pertain to the commission of a crime, if such divulgence is made to a law enforcement
agency.
(a) Except as provided in paragraph (b), whoever violates subsection (1) is guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, s. 775.084, or
s. 934.41.
If the offense is a first offense under paragraph (a) and is not for any tortious or
illegal purpose or for purposes of direct or indirect commercial advantage or private
commercial gain, and the wire or electronic communication with respect to which the
offense under paragraph (a) was committed is a radio communication that is not
scrambled, encrypted, or transmitted using modulation techniques the essential
parameters of which have been withheld from the public with the intention of
preserving the privacy of such communication, then:
If the communication is not the radio portion of a cellular telephone communication,
a cordless telephone communication that is transmitted between the cordless telephone
handset and the base unit, a public land mobile radio service communication, or a paging
service communication, and the conduct is not that described in subparagraph (2)(h)7.,
the person committing the offense is guilty of a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
If the communication is the radio portion of a cellular telephone communication, a
cordless telephone communication that is transmitted between the cordless telephone
handset and the base unit, a public land mobile radio service communication, or a paging
service communication, the person committing the offense is guilty of a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s. 775.083.
934.215. Unlawful use of a twoway communications device.
Any person who uses a twoway communications device, including, but not limited
to, a portable twoway wireless communications device, to facilitate or further the
commission of any felony offense commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
934.425. Installation of tracking devices or tracking applications;
exceptions; penalties.
(1) As used in this section, the term:
“Business entity” means any form of corporation,
partnership, association, cooperative, joint venture, business trust, or sole proprietorship
that conducts business in this state.
“Tracking application” means any software program whose primary purpose is to
track or identify the location or movement of an individual.
“Tracking device” means any device whose primary purpose is to reveal its location
or movement by the transmission of electronic signals.
“Person” means an individual but does not include a business entity.
Except as provided in subsection (4), a person may not knowingly install a tracking
device or tracking application on another person’s property without the other person’s
consent.
For purposes of this section, a person’s consent is presumed to be revoked if:
The consenting person and the person to whom consent was given are lawfully
married and one person files a petition for dissolution of marriage from the other; or
The consenting person or the person to whom consent was given files an injunction
for protection against the other person pursuant to s. 741.30, s. 741.315, s. 784.046, or s.
784.0485.
(4) This section does not apply to:
A law enforcement officer as defined in s. 943.10, or any local, state, federal, or
military law enforcement agency, that lawfully installs a tracking device or tracking
application on another person’s property as part of a criminal investigation.
A parent or legal guardian of a minor child who installs a tracking device or tracking
application on the minor child’s property if:
The parents or legal guardians are lawfully married to each other and are not separated or
otherwise living apart, and either parent or legal guardian consents to the installation of the
tracking device or tracking application;
The parent or legal guardian is the sole surviving parent or legal guardian of the minor
child;
The parent or legal guardian has sole custody of the minor child; or
The parents or legal guardians are divorced, separated, or otherwise living apart and both
consent to the installation of the tracking device or tracking application.
A caregiver of an elderly person or disabled adult, as those terms are defined in s.
825.101, if the elderly person’s or disabled adult’s treating physician certifies that the
installation of a tracking device or tracking application onto the elderly person’s or disabled
adult’s property is necessary to ensure the safety of the elderly person or disabled adult.
A person acting in good faith on behalf of a business entity for a legitimate business
purpose. This paragraph does not apply to a person engaged in private investigation, as
defined in s. 493.6101, on behalf of another person unless such activities would otherwise be
exempt under this subsection if performed by the person engaging the private investigator.
An owner or lessee of a motor vehicle that installs, or
directs the installation of, a tracking device or tracking application on such vehicle during
the period of ownership or lease, provided that:
The tracking device or tracking application is removed before the vehicle’s title is
transferred or the vehicle’s lease expires;
The new owner of the vehicle, in the case of a sale, or the lessor of the vehicle, in the
case of an expired lease, consents in writing to the nonremoval of the tracking device or
tracking application; or
The owner of the vehicle at the time of the installation of the tracking device or
tracking application was the original manufacturer of the vehicle.
A person who violates this section commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
934.43. Criminal disclosure of subpoena, order, or
authorization.
Any person having knowledge of a warrant, subpoena, application, order, or other
authorization which has been issued or obtained pursuant to the action of an investigative
or law enforcement officer as authorized by this chapter, who:
With intent to obstruct, impede, or prevent an investigation, criminal prosecution, or
civil, regulatory, or forfeiture action on behalf of the State of Florida or a political
subdivision thereof; or
With intent to obstruct, impede, or prevent the obtaining by
an investigative or law enforcement officer of the information or materials sought
pursuant to such warrant, subpoena, application, order, or authorization
gives notice or attempts to give notice of the investigation, criminal prosecution, or
civil, regulatory, or forfeiture action, warrant, subpoena, application, order, or other
authorization to any person commits a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, s. 775.084, or s. 934.41.
This section does not prevent disclosure of the existence of the warrant, subpoena,
application, order, or other authorization as otherwise provided under this chapter.
934.50. Searches and seizure using a drone.
SHORT TITLE.—This act may be cited as the “Freedom from Unwarranted
Surveillance Act.”
DEFINITIONS.—As used in this act, the term:
“Drone” means a powered, aerial vehicle that: 1. Does not
carry a human operator;
2. Uses aerodynamic forces to provide vehicle lift;
3. Can fly autonomously or be piloted remotely;
4. Can be expendable or recoverable; and
5. Can carry a lethal or nonlethal payload.
on or about real property or an individual located on that property.
With respect to an owner, tenant, occupant, invitee, or licensee of privately owned
real property, the observation of such persons with sufficient visual clarity to be able to
obtain information about their identity, habits, conduct, movements, or whereabouts; or
With respect to privately owned real property, the observation of such property’s
physical improvements with sufficient visual clarity to be able to determine unique
identifying features or its occupancy by one or more persons.
(3) PROHIBITED USE OF DRONES.—
A law enforcement agency may not use a drone to gather evidence or other
information.
A person, a state agency, or a political subdivision as defined in s. 11.45 may not use
a drone equipped with an imaging device to record an image of privately owned real
property or of
the owner, tenant, occupant, invitee, or licensee of such property with the intent to
conduct surveillance on the individual or property captured in the image in violation of
such person’s reasonable expectation of privacy without his or her written consent. For
purposes of this section, a person is presumed to have a reasonable expectation of privacy
on his or her privately owned real property if he or she is not observable by persons
located at ground level in a place where they have a legal right to be, regardless of
whether he or she is observable from the air with the use of a drone.
EXCEPTIONS.—This section does not prohibit the use of a drone:
To counter a high risk of a terrorist attack by a specific individual or organization if
the United States Secretary of Homeland Security determines that credible intelligence
indicates that there is such a risk.
If the law enforcement agency first obtains a search warrant signed by a judge
authorizing the use of a drone.
If the law enforcement agency possesses reasonable suspicion that, under particular
circumstances, swift action is needed to prevent imminent danger to life or serious
damage to property, to forestall the imminent escape of a suspect or the destruction of
evidence, or to achieve purposes including, but not limited to, facilitating the search for a
missing person.
By a person or an entity engaged in a business or profession licensed by the state, or
by an agent, employee, or contractor thereof, if the drone is used only to perform
reasonable tasks within the scope of practice or activities permitted under such
person’s or entity’s license. However, this exception does not apply to a profession in
which the licensee’s authorized scope of practice includes obtaining information about
the identity, habits, conduct, movements, whereabouts, affiliations, associations,
transactions, reputation, or character of any society, person, or group of persons.
By an employee or a contractor of a property appraiser who uses a drone solely for
the purpose of assessing property for ad valorem taxation.
To capture images by or for an electric, water, or natural gas utility:
For operations and maintenance of utility facilities, including facilities used in the
generation, transmission, or distribution of electricity, gas, or water, for the purpose of
maintaining utility system reliability and integrity;
For inspecting utility facilities, including pipelines, to determine construction, repair,
maintenance, or replacement needs before, during, and after construction of such
facilities;
For assessing vegetation growth for the purpose of maintaining clearances on utility
rightsofway;
For utility routing, siting, and permitting for the purpose of constructing utility
facilities or providing utility service; or
For conducting environmental monitoring, as provided by federal, state, or local law,
rule, or permit.
For aerial mapping, if the person or entity using a drone for this purpose is operating
in compliance with Federal Aviation
Administration regulations.
To deliver cargo, if the person or entity using a drone for this purpose is operating in
compliance with Federal Aviation Administration regulations.
To capture images necessary for the safe operation or navigation of a drone that is
being used for a purpose allowed under federal or Florida law.
(5) REMEDIES FOR VIOLATION.—
An aggrieved party may initiate a civil action against a law enforcement agency to
obtain all appropriate relief in order to prevent or remedy a violation of this section.
The owner, tenant, occupant, invitee, or licensee of privately owned real property
may initiate a civil action for compensatory damages for violations of this section and
may seek injunctive relief to prevent future violations of this section against a person,
state agency, or political subdivision that violates paragraph (3)(b). In such action, the
prevailing party is entitled to recover reasonable attorney fees from the nonprevailing
party based on the actual and reasonable time expended by his or her attorney billed at an
appropriate hourly rate and, in cases in which the payment of such a fee is contingent on
the outcome, without a multiplier, unless the action is tried to verdict, in which case a
multiplier of up to twice the actual value of the time expended may be awarded in the
discretion of the trial court.
Punitive damages for a violation of paragraph (3)(b) may be sought against a person
subject to other requirements and limitations of law, including, but not limited to, part II
of chapter
768 and case law.
The remedies provided for a violation of paragraph (3)(b) are cumulative to other
existing remedies.
PROHIBITION ON USE OF EVIDENCE.—Evidence obtained or collected in
violation of this act is not admissible as evidence in a criminal prosecution in any court of
law in this state.
CHAPTER 937
MISSING PERSON INVESTIGATIONS
937.0201. Definitions.
As used in this chapter, the term:
“Department” means the Department of Law Enforcement.
A missing child;
A missing adult younger than 26 years of age;
A missing adult 26 years of age or older who is suspected by a law enforcement
agency of being endangered or the victim of criminal activity; or
A missing adult who meets the criteria for activation of the Silver Alert Plan of the
Department of Law Enforcement.
“Missing endangered person report” means a report prepared on a form prescribed by
the department by rule for use by the public and law enforcement agencies in reporting
information to the Missing Endangered Persons Information
Clearinghouse about a missing endangered person.
937.021. Missing child and missing adult reports.
Law enforcement agencies in this state shall adopt written policies that specify the
procedures to be used to investigate reports of missing children and missing adults. The
policies must ensure that cases involving missing children and adults are investigated
promptly using appropriate resources. The policies must include:
Requirements for accepting missing child and missing adult reports;
Procedures for initiating, maintaining, closing, or referring a missing child or missing
adult investigation; and
Standards for maintaining and clearing computer data of information concerning a
missing child or missing adult which is stored in the Florida Crime Information Center
and the National Crime Information Center. The standards must require, at a minimum, a
monthly review of each case and a determination of whether the case should be
maintained in the database.
An entry concerning a missing child or missing adult may not be removed from the
Florida Crime Information Center or the National Crime Information Center databases
based solely on the age of the missing child or missing adult.
A report that a child or adult is missing must be accepted by and filed with the law
enforcement agency having jurisdiction in the county or municipality in which the child
or adult was last seen. The filing and acceptance of the report imposes the duties
specified in this section upon the law enforcement agency receiving the report. This
subsection does not preclude a law enforcement agency from accepting a missing child or
missing adult report when agency jurisdiction cannot be determined.
(a) Upon the filing of a police report that a child is missing by the parent or guardian,
the Department of Children and Families, a communitybased care provider, or a sheriff’s
office providing investigative services for the department, the law enforcement agency
receiving the report shall immediately inform all onduty law enforcement officers of the
missing child report, communicate the report to every other law enforcement agency
having jurisdiction in the county, and within 2 hours after receipt of the report, transmit
the report for inclusion within the Florida Crime Information Center and the National
Crime Information Center databases. A law enforcement agency may not require a
reporter to present an order that a child be taken into custody or any other such order
before accepting a report that a child is missing.
Upon the filing of a credible police report that an adult is missing, the law
enforcement agency receiving the report shall, within 2 hours after receipt of the report,
transmit the report for inclusion within the Florida Crime Information Center and the
National Crime Information Center databases.
(a) Upon receiving a request to record, report, transmit, display, or release Amber
Alert or Missing Child Alert information from the law enforcement agency having
jurisdiction over the missing child, the Department of Law Enforcement as the state
Amber Alert coordinator, any state or local law enforcement agency, and the personnel of
these agencies; any
radio or television network, broadcaster, or other media representative; any dealer of
communications services as defined in s. 202.11; or any agency, employee, individual, or
entity is immune from civil liability for damages for complying in good faith with the
request and is presumed to have acted in good faith in recording, reporting, transmitting,
displaying, or releasing Amber Alert or Missing Child Alert information pertaining to the
child.
Upon receiving a request to record, report, transmit, display, or release information
and photographs pertaining to a missing adult or missing child from the law enforcement
agency having jurisdiction over the missing adult or missing child, the department, a state
or local law enforcement agency, and the personnel of these agencies; any radio or
television network, broadcaster, or other media representative; any dealer of
communications services as defined in s. 202.11; or any agency, employee, individual, or
person is immune from civil liability for damages for complying in good faith with the
request to provide information and is presumed to have acted in good faith in recording,
reporting, transmitting, displaying, or releasing information or photographs pertaining to
the missing adult or missing child.
Upon receiving a request to record, report, transmit, display, or release Silver Alert
information from the law enforcement agency having jurisdiction over the missing adult,
the Department of Law Enforcement as the state Silver Alert coordinator, any state or
local law enforcement agency, and the personnel of these agencies; any radio or
television network, broadcaster, or other media representative; any dealer of
communications services as
defined in s. 202.11; or any agency, employee, individual, or entity is immune from civil
liability for damages for complying in good faith with the request and is presumed to
have acted in good faith in recording, reporting, transmitting, displaying, or releasing
Silver Alert information pertaining to the missing adult.
The presumption of good faith is not overcome if a technical or clerical error is made
by any agency, employee, individual, or entity acting at the request of the local law
enforcement agency having jurisdiction, or if the Amber Alert, Missing Child Alert,
missing child information, missing adult information, or Silver Alert information is
incomplete or incorrect because the information received from the local law enforcement
agency was incomplete or incorrect.
Neither this subsection nor any other provision of law creates a duty of the agency,
employee, individual, or entity to record, report, transmit, display, or release the Amber
Alert, Missing Child Alert, missing child information, missing adult information, or
Silver Alert information received from the local law enforcement agency having
jurisdiction. The decision to record, report, transmit, display, or release information is
discretionary with the agency, employee, individual, or entity receiving the information.
If a missing child or missing adult is not located within 90 days after the missing
child or missing adult report is filed, the law enforcement agency that accepted the report
shall attempt to obtain a biological specimen for DNA analysis from the missing child or
missing adult or from appropriate family members in addition to obtaining necessary
documentation. This subsection does not prevent a law enforcement agency from
attempting to
obtain information or approved biological specimens for DNA analysis before the
expiration of the 90day period.
The department shall adopt rules specific to cases involving missing children and
missing adults which will:
Identify biological specimens that are approved by the department for DNA analysis.
Identify the documentation necessary for the department to use the biological
specimens for DNA analysis.
Establish procedures for the collection of biological specimens by law enforcement
agencies.
Establish procedures for forwarding biological specimens by law enforcement
agencies to the department.
Subsections (6) and (7) are contingent upon the availability of federal funding for the
submission and processing of approved biological specimens for DNA analysis.
937.022. Missing Endangered Persons Information
Clearinghouse.
There is created a Missing Endangered Persons Information Clearinghouse within the
department to serve as a central repository of information regarding missing endangered
persons. Such information shall be collected and disseminated to assist in the location of
missing endangered persons.
The clearinghouse shall be supervised by a director who shall be employed upon the
recommendation of the executive director. The executive director shall establish services
deemed
appropriate by the department to aid in the location of missing endangered persons.
(3) The clearinghouse shall:
Establish a system of intrastate communication of information relating to missing
endangered persons.
Provide a centralized file for the exchange of information on missing endangered
persons.
Every state, county, or municipal law enforcement agency shall submit to the
clearinghouse information concerning missing endangered persons.
Any person having knowledge may submit a missing endangered person report to the
clearinghouse concerning a child or adult younger than 26 years of age whose
whereabouts is unknown, regardless of the circumstances, subsequent to reporting such
child or adult missing to the appropriate law enforcement agency within the county in
which the child or adult became missing, and subsequent to entry by the law enforcement
agency of the child or person into the Florida Crime Information Center and the National
Crime Information Center databases. The missing endangered person report shall be
included in the clearinghouse database.
Only the law enforcement agency having jurisdiction over the case may submit a
missing endangered person report to the clearinghouse involving a missing adult age 26
years or older who is suspected by a law enforcement agency of being endangered or the
victim of criminal activity.
Only the law enforcement agency having jurisdiction over
the case may make a request to the clearinghouse for the activation of a state Silver Alert
involving a missing adult if circumstances regarding the disappearance have met the
criteria for activation of the Silver Alert Plan.
Collect, process, maintain, and disseminate information on missing endangered
persons and strive to maintain or disseminate only accurate and complete information.
The person responsible for notifying the clearinghouse or a law enforcement agency
about a missing endangered person shall immediately notify the clearinghouse or the
agency of any child or adult whose location has been determined.
The law enforcement agency having jurisdiction over a case involving a missing
endangered person shall, upon locating the child or adult, immediately purge information
about the case from the Florida Crime Information Center or the National Crime
Information Center databases and notify the clearinghouse.
937.028. Fingerprints; missing persons.
If fingerprints have been taken for the purpose of identifying a child, in the event that
child becomes missing, the state agency, public or private organization, or other person
who took such fingerprints shall not release the fingerprints to any law enforcement
agency or other person for any purpose other than the identification of a missing child.
Such records and data are exempt from s. 119.07(1).
Fingerprints of children taken and retained by any state agency other than the
Department of Law Enforcement, any public or private organization, or other person,
excluding the
parent or legal custodian of the child, shall be destroyed when the child attains 18 years
of age. Fingerprints of persons, including children, who are reported missing that have
been entered into the automated biometric identification system maintained by the
Department of Law Enforcement may be retained until the department is notified that the
missing person has been recovered.
CHAPTER 944
STATE CORRECTIONAL SYSTEM
944.40. Escapes; penalty.
Any prisoner confined in any prison, jail, private correctional facility, road camp, or
other penal institution, whether operated by the state, a county, or a municipality, or
operated under a contract with the state, a county, or a municipality, working upon the
public roads, or being transported to or from a place of confinement who escapes or
attempts to escape from such confinement commits a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The punishment of
imprisonment imposed under this section shall run consecutive to any former sentence
imposed upon any prisoner.
944.47. Introduction, removal, or possession of certain articles
unlawful; penalty.
(a) Except through regular channels as authorized by the officer in charge of the
correctional institution, it is unlawful to introduce into or upon the grounds of any state
correctional institution, or to take or attempt to take or send or attempt to send therefrom,
any of the following articles which are hereby declared to be contraband for the purposes
of this section, to wit:
Any written or recorded communication or any currency or coin given or transmitted,
or intended to be given or transmitted, to any inmate of any state correctional institution.
Any article of food or clothing given or transmitted, or intended to be given or
transmitted, to any inmate of any state
correctional institution.
Any intoxicating beverage or beverage which causes or may cause an intoxicating
effect.
Any controlled substance as defined in s. 893.02(4) or any prescription or
nonprescription drug having a hypnotic, stimulating, or depressing effect.
Any firearm or weapon of any kind or any explosive substance.
Any cellular telephone or other portable communication device intentionally and
unlawfully introduced inside the secure perimeter of any state correctional institution
without prior authorization or consent from the officer in charge of such correctional
institution. As used in this subparagraph, the term “portable communication device”
means any device carried, worn, or stored which is designed or intended to receive or
transmit verbal or written messages, access or store data, or connect electronically to the
Internet or any other electronic device and which allows communications in any form.
Such devices include, but are not limited to, portable twoway pagers, handheld radios,
cellular telephones, Blackberrytype devices, personal digital assistants or PDA’s, laptop
computers, or any components of these devices which are intended to be used to
assemble such devices. The term also includes any new technology that is developed for
similar purposes. Excluded from this definition is any device having communication
capabilities which has been approved or issued by the department for investigative or
institutional security purposes or for conducting other state business.
It is unlawful to transmit or attempt to transmit to, or cause or attempt to cause to be
transmitted to or received by, any inmate of any state correctional institution any article
or thing declared by this subsection to be contraband, at any place which is outside the
grounds of such institution, except through regular channels as authorized by the officer
in charge of such correctional institution.
It is unlawful for any inmate of any state correctional institution or any person while
upon the grounds of any state correctional institution to be in actual or constructive
possession of any article or thing declared by this section to be contraband, except as
authorized by the officer in charge of such correctional institution.
A person who violates any provision of this section as it pertains to an article of
contraband described in subparagraph (1) (a)1., subparagraph (1)(a)2., or subparagraph
(1)(a)6. commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084. In all other cases, a violation of a provision of this section
constitutes a felony of the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
CHAPTER 948
PROBATION AND COMMUNITY CONTROL
948.08. Pretrial intervention program.
The department shall supervise pretrial intervention programs for persons charged
with a crime, before or after any information has been filed or an indictment has been
returned in the circuit court. Such programs shall provide appropriate counseling,
education, supervision, and medical and psychological treatment as available and when
appropriate for the persons released to such programs.
Any first offender, or any person previously convicted of not more than one
nonviolent misdemeanor, who is charged with any misdemeanor or felony of the third
degree is eligible for release to the pretrial intervention program on the approval of the
administrator of the program and the consent of the victim, the state attorney, and the
judge who presided at the initial appearance hearing of the offender. However, the
defendant may not be released to the pretrial intervention program unless, after
consultation with his or her attorney, he or she has voluntarily agreed to such program
and has knowingly and intelligently waived his or her right to a speedy trial for the period
of his or her diversion. The defendant or the defendant’s immediate family may not
personally contact the victim or the victim’s immediate family to acquire the victim’s
consent under this section.
The criminal charges against an offender admitted to the program shall be continued
without final disposition for a period of 90 days after the date the offender was released
to the program, if the offender’s participation in the program is satisfactory, and
for an additional 90 days upon the request of the program administrator and consent of
the state attorney, if the offender’s participation in the program is satisfactory.
Resumption of pending criminal proceedings shall be undertaken at any time if the
program administrator or state attorney finds that the offender is not fulfilling his or her
obligations under this plan or if the public interest so requires. The court may not appoint
the public defender to represent an indigent offender released to the pretrial intervention
program unless the offender’s release is revoked and the offender is subject to
imprisonment if convicted.
At the end of the intervention period, the administrator shall recommend:
That the case revert to normal channels for prosecution in instances in which the
offender’s participation in the program has been unsatisfactory;
That the offender is in need of further supervision; or
That dismissal of charges without prejudice shall be entered in instances in which
prosecution is not deemed necessary.
The state attorney shall make the final determination as to whether the prosecution
shall continue.
(a) For purposes of this subsection, the term “nonviolent felony” means a third
degree felony violation of chapter 810 or any other felony offense that is not a forcible
felony as defined in s. 776.08. Notwithstanding any provision of this section, a person
who is charged with a nonviolent felony and is identified as having a substance abuse
problem or is charged with a felony of
the second or third degree for purchase or possession of a controlled substance under
chapter 893, prostitution, tampering with evidence, solicitation for purchase of a
controlled substance, or obtaining a prescription by fraud; who has not been charged with
a crime involving violence, including, but not limited to, murder, sexual battery, robbery,
carjacking, homeinvasion robbery, or any other crime involving violence; and who has
not previously been convicted of a felony is eligible for voluntary admission into a
pretrial substance abuse education and treatment intervention program, including a
treatmentbased drug court program established pursuant to s. 397.334, approved by the
chief judge of the circuit, for a period of not less than 1 year in duration, upon motion of
either party or the court’s own motion, except:
If a defendant was previously offered admission to a pretrial substance abuse
education and treatment intervention program at any time prior to trial and the defendant
rejected that offer on the record, then the court or the state attorney may deny the
defendant’s admission to such a program.
If the state attorney believes that the facts and circumstances of the case suggest the
defendant’s involvement in the dealing and selling of controlled substances, the court
shall hold a preadmission hearing. If the state attorney establishes, by a preponderance of
the evidence at such hearing, that the defendant was involved in the dealing or selling of
controlled substances, the court shall deny the defendant’s admission into a pretrial
intervention program.
While enrolled in a pretrial intervention program authorized by this subsection, the
participant is subject to a coordinated
strategy developed by a drug court team under s. 397.334(4). The coordinated strategy
may include a protocol of sanctions that may be imposed upon the participant for
noncompliance with program rules. The protocol of sanctions may include, but is not
limited to, placement in a substance abuse treatment program offered by a licensed
service provider as defined in s. 397.311 or in a jailbased treatment program or serving a
period of incarceration within the time limits established for contempt of court. The
coordinated strategy must be provided in writing to the participant before the participant
agrees to enter into a pretrial treatmentbased drug court program or other pretrial
intervention program. Any person whose charges are dismissed after successful
completion of the treatmentbased drug court program, if otherwise eligible, may have his
or her arrest record and plea of nolo contendere to the dismissed charges expunged under
s. 943.0585.
At the end of the pretrial intervention period, the court shall consider the
recommendation of the administrator pursuant to subsection (5) and the recommendation
of the state attorney as to disposition of the pending charges. The court shall determine,
by written finding, whether the defendant has successfully completed the pretrial
intervention program. Notwithstanding the coordinated strategy developed by a drug
court team pursuant to s. 397.334(4), if the court finds that the defendant has not
successfully completed the pretrial intervention program, the court may order the person
to continue in education and treatment, which may include substance abuse treatment
programs offered by licensed service providers as defined in s. 397.311 or jailbased
treatment programs, or order that the charges revert to
normal channels for prosecution. The court shall dismiss the charges upon a finding that
the defendant has successfully completed the pretrial intervention program.
Any entity, whether public or private, providing a pretrial substance abuse education
and treatment intervention program under this subsection must contract with the county
or appropriate governmental entity, and the terms of the contract must include, but need
not be limited to, the requirements established for private entities under s. 948.15(3).
(a) Notwithstanding any provision of this section, a person who is charged with a
felony, other than a felony listed in s. 948.06(8)(c), and identified as a veteran, as defined
in s. 1.01, including a veteran who is discharged or released under a general discharge, or
servicemember, as defined in s. 250.01, who suffers from a military servicerelated
mental illness, traumatic brain injury, substance abuse disorder, or psychological
problem, is eligible for voluntary admission into a pretrial veterans’ treatment
intervention program approved by the chief judge of the circuit, upon motion of either
party or the court’s own motion, except:
If a defendant was previously offered admission to a pretrial veterans’ treatment
intervention program at any time before trial and the defendant rejected that offer on the
record, the court may deny the defendant’s admission to such a program.
If a defendant previously entered a courtordered veterans’ treatment program, the
court may deny the defendant’s admission into the pretrial veterans’ treatment program.
While enrolled in a pretrial intervention program authorized by this subsection, the
participant shall be subject to a coordinated
strategy developed by a veterans’ treatment intervention team. The coordinated strategy
should be modeled after the therapeutic jurisprudence principles and key components in
s. 397.334(4), with treatment specific to the needs of servicemembers and veterans. The
coordinated strategy may include a protocol of sanctions that may be imposed upon the
participant for noncompliance with program rules. The protocol of sanctions may
include, but need not be limited to, placement in a treatment program offered by a
licensed service provider or in a jailbased treatment program or serving a period of
incarceration within the time limits established for contempt of court. The coordinated
strategy must be provided in writing to the participant before the participant agrees to
enter into a pretrial veterans’ treatment intervention program or other pretrial intervention
program. Any person whose charges are dismissed after successful completion of the
pretrial veterans’ treatment intervention program, if otherwise eligible, may have his or
her arrest record of the dismissed charges expunged under s. 943.0585.
At the end of the pretrial intervention period, the court shall consider the
recommendation of the treatment program and the recommendation of the state attorney
as to disposition of the pending charges. The court shall determine, by written finding,
whether the defendant has successfully completed the pretrial intervention program. If the
court finds that the defendant has not successfully completed the pretrial intervention
program, the court may order the person to continue in education and treatment, which
may include treatment programs offered by licensed service providers or jailbased
treatment programs, or order that the charges revert to normal channels for prosecution.
The court shall dismiss the charges upon a finding that the defendant has successfully
completed the pretrial intervention program.
(a) Notwithstanding any provision of this section, a defendant is eligible for
voluntary admission into a pretrial mental health court program established pursuant to s.
394.47892 and approved by the chief judge of the circuit for a period to be determined by
the court, based on the clinical needs of the defendant, upon motion of either party or the
court’s own motion if:
The defendant is identified as having a mental illness;
The defendant has not been convicted of a felony; and
The defendant is charged with:
a. A nonviolent felony that includes a third degree felony violation of chapter 810 or
any other felony offense that is not a forcible felony as defined in s. 776.08;
b. Resisting an officer with violence under s. 843.01, if the law enforcement officer
and state attorney consent to the defendant’s participation;
c. Battery on a law enforcement officer under s. 784.07, if the law enforcement
officer and state attorney consent to the defendant’s participation; or
d. Aggravated assault, if the victim and state attorney consent to the defendant’s
participation.
At the end of the pretrial intervention period, the court shall consider the
recommendation of the program administrator and
the recommendation of the state attorney as to disposition of the pending charges. The
court shall determine, by written finding, whether the defendant has successfully
completed the pretrial intervention program. If the court finds that the defendant has not
successfully completed the pretrial intervention program, the court may order the person
to continue in education and treatment, which may include a mental health program
offered by a licensed service provider, as defined in s. 394.455, or order that the charges
revert to normal channels for prosecution. The court shall dismiss the charges upon a
finding that the defendant has successfully completed the pretrial intervention program.
The department may contract for the services and facilities necessary to operate
pretrial intervention programs.
CHAPTER 951
COUNTY AND MUNICIPAL PRISONERS
951.22. County detention facilities; contraband articles.
It is unlawful, except through regular channels as duly authorized by the sheriff or
officer in charge, to introduce into or possess upon the grounds of any county detention
facility as defined in s. 951.23 or to give to or receive from any inmate of any such
facility wherever said inmate is located at the time or to take or to attempt to take or send
therefrom any of the following articles which are hereby declared to be contraband for
the purposes of this act, to wit: Any written or recorded communication; any currency or
coin; any article of food or clothing; any tobacco products as defined in s. 210.25(12);
any cigarette as defined in s. 210.01(1); any cigar; any intoxicating beverage or beverage
which causes or may cause an intoxicating effect; any narcotic, hypnotic, or excitative
drug or drug of any kind or nature, including nasal inhalators, sleeping pills, barbiturates,
and controlled substances as defined in s. 893.02(4); any firearm or any instrumentality
customarily used or which is intended to be used as a dangerous weapon; and any
instrumentality of any nature that may be or is intended to be used as an aid in effecting
or attempting to effect an escape from a county facility.
Whoever violates subsection (1) shall be guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
951.221. Sexual misconduct between detention facility
employees and inmates; penalties.
Any employee of a county or municipal detention facility or of a private detention
facility under contract with a county commission who engages in sexual misconduct, as
defined in s. 944.35(3)(b)1., with an inmate or an offender supervised by the facility
without committing the crime of sexual battery commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The consent of an inmate
to any act of sexual misconduct may not be raised as a defense to prosecution under this
section.
Notwithstanding prosecution, any violation of this section, as determined by the
administrator of the facility, constitutes sufficient cause for dismissal of the violator from
employment, and such person may not again be employed in any capacity in connection
with the correctional system.
CHAPTER 1006
SUPPORT FOR LEARNING
1006.135. Hazing prohibited at schools with any of grades
612.
DEFINITION.—As used in this section, “hazing” means any action or situation that
endangers the mental or physical health or safety of a student at a school with any of
grades 6 through 12 for purposes including, but not limited to, initiation or admission into
or affiliation with any organization operating under the sanction of a school with any of
grades 6 through 12. “Hazing” includes, but is not limited to:
Pressuring, coercing, or forcing a student into: 1. Violating
state or federal law;
2. Consuming any food, liquor, drug, or other substance; or
Participating in physical activity that could adversely affect the health or safety of the
student.
Any brutality of a physical nature, such as whipping, beating, branding, or exposure
to the elements.
Hazing does not include customary athletic events or other similar contests or
competitions or any activity or conduct that furthers a legal and legitimate objective.
SCHOOL DISTRICT POLICY.—Each school district shall adopt in rule a policy
that prohibits hazing and establishes consequences for a student who commits an act of
hazing. The policy must include:
A definition of hazing, which must include the definition provided in this section.
A procedure for reporting an alleged act of hazing, including provisions that permit a
person to anonymously report such an act. However, disciplinary action may not be
based solely on an anonymous report.
A requirement that a school with any of grades 9 through 12 report an alleged act of
hazing to a local law enforcement agency if the alleged act meets the criteria established
under subsection
(3).
A provision for referral of victims and perpetrators of hazing to a certified school
counselor.
A requirement that each incident of hazing be reported in the school’s safety and
discipline report required under s. 1006.09(6). The report must include the number of
hazing incidents reported, the number of incidents referred to a local law enforcement
agency, the number of incidents that result in disciplinary action taken by the school, and
the number of incidents that do not result in either referral to a local law enforcement
agency or disciplinary action taken by the school.
CRIMINAL PENALTIES.—This subsection applies only to students in any of
grades 9 through 12.
1. A person who commits an act of hazing upon another person who is a member of
or an applicant to any type of student organization commits a felony of the third degree,
punishable as provided in s. 775.082 or s. 775.083, if the person knew or should have
known the act would result in serious bodily injury or death
of such other person and the act results in serious bodily injury or death of such other
person.
A person who commits an act of hazing upon another person who is a member of or
an applicant to any type of student organization commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083, if the person knew or should
have known the act would create a potential risk of physical injury or death to such other
person and the act creates a potential risk of physical injury or death to such other person.
As a condition of any sentence imposed pursuant to paragraph (a), the court:
Shall order the defendant to attend and complete a 4hour hazing education course
and may also impose a condition of drug or alcohol probation.
May require the defendant to make a public apology to the students and victims at the
school.
May require the defendant to participate in a schoolsponsored antihazing campaign
to raise awareness of what constitutes hazing and the penalties for hazing.
It is not a defense to a charge of hazing that: 1. Consent of
the victim had been obtained;
The conduct or activity that resulted in the death or injury of a person was not part of
an official organizational event or was not otherwise sanctioned or approved by the
organization; or
The conduct or activity that resulted in death or injury of the person was not done as
a condition of membership to an
organization.
CONSTRUCTION.—This section shall not be construed to preclude prosecution for
a more general offense resulting from the same criminal transaction or episode.
1006.145. Disturbing school functions; penalty.
Any person not subject to the rules of a school who creates a disturbance on the
property or grounds of any school, who commits any act that interrupts the orderly
conduct of a school or any activity thereof commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
1006.147. Bullying and harassment prohibited.
This section may be cited as the “Jeffrey Johnston Stand Up for All Students Act.”
Bullying or harassment of any student or employee of a public K12 educational
institution is prohibited:
During any education program or activity conducted by a public K12 educational
institution;
During any schoolrelated or schoolsponsored program or activity or on a school
bus of a public K12 educational institution;
Through the use of data or computer software that is accessed through a computer,
computer system, or computer network within the scope of a public K12 educational
institution; or
Through the use of data or computer software that is
accessed at a nonschoolrelated location, activity, function, or program or through the use
of technology or an electronic device that is not owned, leased, or used by a school
district or school, if the bullying substantially interferes with or limits the victim’s ability
to participate in or benefit from the services, activities, or opportunities offered by a
school or substantially disrupts the education process or orderly operation of a school.
This paragraph does not require a school to staff or monitor any nonschoolrelated
activity, function, or program.
(3) For purposes of this section:
Social exclusion;
Threat;
Intimidation;
Stalking;
Physical violence;
Theft;
Sexual, religious, or racial harassment;
Public or private humiliation; or
Destruction of property.
“Cyberbullying” means bullying through the use of
technology or any electronic communication, which includes, but is not limited to, any
transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature
transmitted in whole or in part by a wire, radio, electromagnetic system, photoelectronic
system, or photooptical system, including, but not limited to, electronic mail, Internet
communications, instant messages, or facsimile communications. Cyberbullying includes
the creation of a webpage or weblog in which the creator assumes the identity of another
person, or the knowing impersonation of another person as the author of posted content
or messages, if the creation or impersonation creates any of the conditions enumerated in
the definition of bullying. Cyberbullying also includes the distribution by electronic
means of a communication to more than one person or the posting of material on an
electronic medium that may be accessed by one or more persons, if the distribution or
posting creates any of the conditions enumerated in the definition of bullying.
“Harassment” means any threatening, insulting, or dehumanizing gesture, use of data
or computer software, or written, verbal, or physical conduct directed against a student or
school employee that:
Places a student or school employee in reasonable fear of harm to his or her person
or damage to his or her property;
Has the effect of substantially interfering with a student’s educational performance,
opportunities, or benefits; or
Has the effect of substantially disrupting the orderly operation of a school.
“Within the scope of a public K12 educational institution”
means, regardless of ownership, any computer, computer system, or computer network
that is physically located on school property or at a schoolrelated or schoolsponsored
program or activity.
Definitions in s. 815.03 and the definition in s. 784.048(1)
relating to stalking are applicable to this section.
The definitions of “bullying” and “harassment” include:
b. Accessing or knowingly causing or providing access to data or computer software
through a computer, computer system, or computer network within the scope of the
district school system; or
c. Acting in a manner that has an effect substantially similar to the effect of bullying
or harassment.
Each school district shall adopt and review at least every 3 years a policy prohibiting
bullying and harassment of a student or employee of a public K12 educational
institution. Each school district’s policy shall be in substantial conformity with the
Department of Education’s model policy. The school district
bullying and harassment policy shall afford all students the same protection regardless of
their status under the law. The school district may establish separate discrimination
policies that include categories of students. The school district shall involve students,
parents, teachers, administrators, school staff, school volunteers, community
representatives, and local law enforcement agencies in the process of adopting and
reviewing the policy. The school district policy must be implemented by each school
principal in a manner that is ongoing throughout the school year and integrated with the
school’s curriculum, bullying prevention and intervention program, discipline policies,
and other violence prevention efforts. The school district policy must contain, at a
minimum, the following components:
A statement prohibiting bullying and harassment.
A definition of bullying and a definition of harassment that include the definitions
listed in this section.
A description of the type of behavior expected from each student and employee of a
public K12 educational institution.
The consequences for a student or employee of a public K12 educational institution
who commits an act of bullying or harassment.
The consequences for a student or employee of a public K12 educational institution
who is found to have wrongfully and intentionally accused another of an act of bullying
or harassment.
A procedure for receiving reports of an alleged act of bullying or harassment,
including provisions that permit a person to anonymously report such an act. However,
this paragraph does
not permit formal disciplinary action to be based solely on an anonymous report.
A procedure for the prompt investigation of a report of bullying or harassment and
the persons responsible for the investigation. The investigation of a reported act of
bullying or harassment is deemed to be a schoolrelated activity and begins with a report
of such an act. Incidents that require a reasonable investigation when reported to
appropriate school authorities shall include alleged incidents of bullying or harassment
allegedly committed against a child while the child is en route to school aboard a school
bus or at a school bus stop.
A process to investigate whether a reported act of bullying or harassment is within
the scope of the district school system and, if not, a process for referral of such an act to
the appropriate jurisdiction. Computers without webfiltering software or computers with
webfiltering software that is disabled shall be used when complaints of cyberbullying are
investigated.
A procedure for providing immediate notification to the parents of a victim of
bullying or harassment and the parents of the perpetrator of an act of bullying or
harassment, as well as notification to all local agencies where criminal charges may be
pursued against the perpetrator.
A procedure to refer victims and perpetrators of bullying or harassment for
counseling.
A procedure for including incidents of bullying or harassment in the school’s report
of data concerning school safety and discipline required under s. 1006.09(6). The report
must include each incident of bullying or harassment and the resulting
consequences, including discipline and referrals. The report must include in a separate
section each alleged incident of bullying or harassment that does not meet the criteria of a
prohibited act under this section with recommendations regarding such incidents. The
Department of Education shall aggregate information contained in the reports.
A list of programs authorized by the school district that provide instruction to
students, parents, teachers, school administrators, counseling staff, and school volunteers
on identifying, preventing, and responding to bullying or harassment, including
instruction on recognizing behaviors that lead to bullying and harassment and taking
appropriate preventive action based on those observations.
A procedure for regularly reporting to a victim’s parents the actions taken to protect
the victim.
A procedure for publicizing the policy, which must include its publication in the code
of student conduct required under s. 1006.07(2) and in all employee handbooks.
A school employee, school volunteer, student, or parent who promptly reports in
good faith an act of bullying or harassment to the appropriate school official designated
in the school district’s policy and who makes this report in compliance with the
procedures set forth in the policy is immune from a cause of action for damages arising
out of the reporting itself or any failure to remedy the reported incident.
(a) The physical location or time of access of a computerrelated incident cannot be
raised as a defense in any disciplinary action initiated under this section.
This section does not apply to any person who uses data or computer software that is
accessed through a computer, computer system, or computer network when acting within
the scope of his or her lawful employment or investigating a violation of this section in
accordance with school district policy.
Distribution of safe schools funds provided to a school district shall be contingent
upon and payable to the school district upon the school district’s compliance with all
reporting procedures contained in this section.
On or before January 1 of each year, the Commissioner of Education shall report to
the Governor, the President of the Senate, and the Speaker of the House of
Representatives on the implementation of this section. The report shall include data
collected pursuant to paragraph (4)(k).
Nothing in this section shall be construed to abridge the rights of students or school
employees that are protected by the First Amendment to the Constitution of the United
States.
State Traffic Laws
Contents
CHAPTER 316 STATE UNIFORM TRAFFIC CONTROL
316.003. Definitions
316.0075. Operator use of commercial mobile radio services and electronic
communications devices
316.0076. Regulation and use of cameras
316.008. Powers of local authorities
316.0081. Request regarding traffic signals or other traffic control devices
316.0083. Mark Wandall Traffic Safety Program; administration; report
316.027. Crash involving death or personal injuries
316.0271. Yellow dot critical motorist medical information program; yellow dot
decal, folder, and information form
316.061. Crashes involving damage to vehicle or property
316.062. Duty to give information and render aid
316.063. Duty upon damaging unattended vehicle or other property
316.064. When driver unable to report
316.065. Crashes; reports; penalties
316.066. Written reports of crashes
316.067. False reports
316.068. Crash report forms
316.070. Exchange of information at scene of crash
316.071. Disabled vehicles obstructing traffic
316.072. Obedience to and effect of traffic laws
316.073. Applicability to animals and animaldrawn vehicles
316.074. Obedience to and required traffic control devices
316.0741. Highoccupancyvehicle lanes
316.075. Traffic control signal devices
316.076. Flashing signals
316.0765. Lane direction control signals
316.077. Display of unauthorized signs, signals or markings
316.0775. Interference with official traffic control devices or
railroad signs or signals
316.0777. Automated license plate recognition systems;
public records exemption
316.0778. Automated license plate recognition systems;
records retention
316.078. Detour signs to be respected
316.079. Duty to yield to highway construction workers
316.081. Driving on right side of roadway; exceptions
316.0815. Duty to yield to public transit vehicles
316.0817. Loading and unloading of bus passengers
316.082. Passing vehicles proceeding in opposite directions
316.0825. Vehicle approaching an animal
316.083. Overtaking and passing a vehicle
316.084. When overtaking on the right is permitted
316.085. Limitations on overtaking, passing, changing lanes and changing course
316.087. Further limitations on driving to left of center of roadway
316.0875. Nopassing zones
316.088. Oneway roadways and rotary traffic islands
316.089. Driving on roadways laned for traffic
316.0895. Following too closely
316.090. Driving on divided highways
316.091. Limited access facilities; interstate highways; use restricted
316.1001. Payment of toll on toll facilities required; penalties
316.121. Vehicles approaching or entering intersections
316.122. Vehicle turning left
316.123. Vehicle entering stop or yield intersection
316.1235. Vehicle approaching intersection in which traffic lights are inoperative
316.125. Vehicle entering highway from private road or driveway or
emerging from alley, driveway or building
316.126. Operation of vehicles and actions of pedestrians on approach of an
authorized emergency, sanitation, or utility service vehicle
316.130. Pedestrians; traffic regulations
316.1301. Traffic regulations to assist blind persons
316.1303. Traffic regulations to assist mobilityimpaired persons
316.1305. Fishing from state road bridges
316.1355. Driving through safety zone prohibited
316.151. Required position and method of turning at intersections
316.1515. Limitations on turning around
316.152. Turning on curve or crest of grade prohibited
316.154. Starting parked vehicle
316.155. When signal required
316.156. Signals by hand and arm or signal lamps
316.157. Method of giving hand and arm signals
316.1575. Obedience to traffic control devices at railroad highway grade crossings
316.1576. Insufficient clearance at a railroadhighway grade crossing
316.159. Certain vehicles to stop or slow at all railroad grade crossings
316.170. Moving heavy equipment at railroad grade crossings
316.171. Traffic control devices at railroadhighway grade crossings
316.172. Traffic to stop for school bus
316.183. Unlawful speed
316.185. Special hazards
316.187. Establishment of state speed zones
316.189. Establishment of municipal and county speed zones
316.1895. Establishment of school speed zones, enforcement; designation
316.1905. Electrical, mechanical, or other speed calculating devices; power of
arrest; evidence
316.1906. Radar speedmeasuring devices; evidence, admissibility
316.191. Racing on highways
316.192. Reckless driving
316.1923. Aggressive careless driving
316.1925. Careless driving
316.1926. Additional offenses
316.193. Driving under the influence; penalties
316.1932. Tests for alcohol, chemical substances, or controlled substances; implied
consent; refusal
316.1933. Blood test for impairment or intoxication in cases of death or serious
bodily injury; right to use reasonable force
316.1934. Presumption of impairment; testing methods
316.1935. Fleeing or attempting to elude a law enforcement officer; aggravated
fleeing or eluding
316.1936. Possession of open containers of alcoholic beverages in vehicles
prohibited; penalties
316.1937. Ignition interlock devices, requiring; unlawful acts
316.1939. Refusal to submit to testing; penalties
316.194. Stopping, standing or parking outside of municipalities
316.1945. Stopping, standing, or parking prohibited in specified places
316.195. Additional parking regulations
316.1951. Parking for certain purposes prohibited; sale of motor vehicles;
prohibited acts
316.1955. Enforcement of parking requirements for persons who have disabilities
316.1957. Parking violations; designated parking spaces for persons who have
disabilities
316.1958. Outofstate vehicles bearing
identification of
issuance to persons who have disabilities
316.1959. Handicapped parking enforcement
316.1964. Exemption of vehicles transporting certain persons who have disabilities
from payment of parking fees and penalties
316.1965. Parking near rural mailbox during certain hours; penalties
316.1967. Liability for payment of parking ticket violations and other parking
violations
316.1974. Funeral procession rightofway and liability
316.1975. Unattended motor vehicle
316.1985. Limitations on backing
316.1995. Driving upon sidewalk or bicycle path
316.2004. Obstruction to driver’s view or driving mechanism
316.2005. Opening and closing vehicle doors
316.2014. Riding in house trailers
316.2015. Unlawful for person to ride on exterior of vehicle
316.2025. Following fire apparatus prohibited
316.2034. Crossing fire hose
316.2035. Injurious substances prohibited; dragging vehicle or load; obstructing,
digging, etc
316.2044. Removal of injurious substances
316.2045. Obstruction of public streets, highways, and roads
316.2051. Certain vehicles prohibited on hardsurfaced roads
316.2055. Motor vehicles, throwing advertising materials in
316.2061. Stop when traffic obstructed
316.2065. Bicycle regulations
316.2069. Commercial megacycles
316.2074. Allterrain vehicles
316.208. Motorcycles and mopeds
316.2085. Riding on motorcycles or mopeds
316.209. Operating motorcycles on roadways laned for traffic
316.2095. Footrests, handholds, and handlebars
316.211. Equipment for motorcycle and moped riders
316.212. Operation of golf carts on certain roadways
316.2122. Operation of a lowspeed vehicle or mini truck on certain roadways
316.2123. Operation of an ATV on certain roadways
316.2125. Operation of golf carts within a retirement community
316.2126. Authorized use of golf carts, lowspeed vehicles, and utility vehicles
316.21265. Use of allterrain vehicles, golf carts, lowspeed vehicles, or utility
vehicles by law enforcement agencies
316.2127. Operation of utility vehicles on certain roadways by homeowners’
associations
316.215. Scope and effect of regulations
316.217. When lighted lamps are required
316.220. Headlamps on motor vehicles
316.221. Taillamps
316.222. Stop lamps and turn signals
316.2225. Additional equipment required on certain vehicles
316.224. Color of clearance lamps, identification lamps, side marker lamps, backup
lamps, reflectors, and deceleration lights
316.225. Mounting of reflectors, clearance lamps and side marker lamps
316.226. Visibility requirements for reflectors, clearance lamps, identification
lamps and marker lamps
316.227. Obstructed lights not required
316.228. Lamps or flags on projecting load
316.229. Lamps on parked vehicles
316.2295. Lamps, reflectors and emblems on farm tractors, farm equipment and
implements of husbandry
316.231. Lamps on other vehicles and equipment
316.233. Spot lamps and auxiliary lamps
316.234. Signal lamps and signal devices
316.235. Additional lighting equipment
316.237. Multiplebeam roadlighting equipment
316.238. Use of multiplebeam roadlighting equipment
316.2385. Requirements for use of lower beam
316.239. Singlebeam roadlighting equipment
316.2395. Motor vehicles; minimum headlamp requirement
316.2396. Number of driving lamps required or permitted
316.2397. Certain lights prohibited; exceptions
316.2398. Display or use of red warning signals; motor vehicles of volunteer
firefighters or medical staff
316.2399. Special warning lights for buses or taxicabs
316.251. Maximum bumper heights
316.253. Vehicles used to sell ice cream and other confections; display of warnings
required
316.261. Brake equipment required
316.267. Brakes on electricpowered vehicles
316.271. Horns and warning devices
316.272. Exhaust systems, prevention of noise
316.2935. Air pollution control equipment; tampering prohibited; penalty
316.294. Mirrors
316.2951. Motor vehicle windows; definitions
316.2952. Windshields; requirements; restrictions
316.2953. Side windows; restrictions on sunscreening material
316.2954. Windows behind the driver; restrictions on sunscreening material
316.29545. Window sunscreening exclusions; medical exemption; certain law
enforcement vehicles and private investigative service vehicles exempt
316.2955. Window sunscreening material; compliance labeling; tolerances
316.2956. Violation of provisions relating to windshields, windows, and
sunscreening material; penalties
316.2957. Exemption for motor vehicle manufacturers
316.299. Rough surfaced wheels prohibited
316.300. Certain vehicles to carry flares or other devices
316.301. Display of warning lights and devices when vehicle is stopped or disabled
316.302. Commercial motor vehicles; safety regulations; transporters and shippers
of hazardous materials; enforcement
316.303. Television receivers
316.305. Wireless communications devices; prohibition
316.400. Headlamps
316.405. Motorcycle headlights to be turned on
316.410. Taillamps
316.415. Reflectors
316.420. Stop lamps
316.425. Lamps on parked motorcycles
316.430. Multiplebeam roadlighting equipment
316.435. Lighting equipment for motordriven cycles
316.440. Brake equipment required
316.455. Other equipment
316.46. Equipment regulations for mopeds
316.510. Projecting loads on passenger vehicles
316.515. Maximum width, height, length
316.520. Loads on vehicles
316.525. Requirements for vehicles hauling loads
316.530. Towing requirements
316.550. Operations not in conformity with law; special permits
316.600. Health and sanitation hazards
316.605. Licensing of vehicles
316.610. Safety of vehicle; inspection
316.6105. Violations involving operation of motor vehicle in unsafe condition or
without required equipment; procedure for disposition
316.613. Child restraint requirements
316.6135. Leaving children unattended or unsupervised in motor vehicles; penalty;
authority of law enforcement officer
316.614. Safety belt usage
316.622. Farm labor vehicles
316.645. Arrest authority of officer at scene of a traffic crash
316.646. Security required; proof of security and display thereof
316.650. Traffic citations
316.655. Penalties
318.13. Definitions
318.14. Noncriminal traffic infractions; exception; procedures
318.15. Failure to comply with civil penalty or to appear; penalty
318.16. Appeals; stay orders; procedures
318.17. Offenses excepted
318.18. Amount of penalties
318.19. Infractions requiring a mandatory hearing
CHAPTER 319 TITLE CERTIFICATES
319.001. Definitions
319.14. Sale of motor vehicles registered or used as taxicabs, police vehicles, lease
vehicles, rebuilt vehicles, nonconforming vehicles, custom vehicles, or street
rod vehicles; conversion of lowspeed vehicles
319.30. Definitions; dismantling, destruction, change of identity of motor vehicle
or mobile home; salvage
319.33. Offenses involving vehicle identification numbers, applications,
certificates, papers; penalty
319.34. Transfer without delivery of certificate; operation or use without
certificate; failure to surrender; other violations
319.35. Unlawful acts in connection with motor vehicle odometer readings;
penalties
CHAPTER 320 MOTOR VEHICLE LICENSES
320.01. Definitions, general
320.0605. Certificate of registration; possession required; exception
320.0607. Replacement license plates, validation decal, or mobile home sticker
320.061. Unlawful to alter motor vehicle registration certificates, license plates,
temporary license plates, mobile home stickers, or validation stickers or to
obscure license plates; penalty
320.07. Expiration of registration; renewal required; penalties
320.0706. Display of license plates on trucks
320.0803. Moped license plates
320.131. Temporary tags
320.1325. Registration required for the temporarily employed
320.26. Counterfeiting license plates, validation stickers, mobile home stickers, cab
cards, trip permits, or special temporary operational permits prohibited;
penalty
320.37. Registration not to apply to nonresidents
320.371. Registration not to apply to certain manufacturers and others
320.38. When nonresident exemption not allowed
320.57. Penalties for violations of this chapter
CHAPTER 321 HIGHWAY PATROL
321.03. Imitations prohibited; penalty
CHAPTER 322 DRIVER LICENSES
322.01. Definitions
322.03. Drivers must be licensed; penalties
322.031. Nonresident; when license required
322.032. Digital proof of driver license
322.04. Persons exempt from obtaining driver license
322.05. Persons not to be licensed
322.051. Identification cards
322.055. Revocation or suspension of, or delay of eligibility for, driver license for
persons 18 years of age or older convicted of certain drug offenses
322.056. Mandatory revocation or suspension of, or delay of eligibility for, driver
license for persons under age 18 found guilty of certain alcohol, drug, or
tobacco offenses; prohibition
322.065. Driver license expired for 6 months or less; penalties
322.07. Instruction permits and temporary licenses
322.14. Licenses issued to drivers
322.15. License to be carried and exhibited on demand; fingerprint to be imprinted
upon a citation
322.16. License restrictions
322.1615. Learner’s driver license
322.201. Records as evidence
322.212. Unauthorized possession of, and other unlawful acts in relation to, driver
license or identification card
322.25. When court to forward license to department and report convictions
322.26. Mandatory revocation of license by department
322.2615. Suspension of license; right to review
322.2616. Suspension of license; persons under 21 years of age; right to review
322.264. “Habitual traffic offender” defined
322.27. Authority of department to suspend or revoke driver license or
identification card
322.274. Automatic revocation of driver license
322.28. Period of suspension or revocation
322.32. Unlawful use of license
322.34. Driving while license suspended, revoked, canceled, or disqualified
322.36. Permitting unauthorized operator to drive
322.37. Employing unlicensed driver
322.38. Renting motor vehicle to another
322.39. Penalties
322.62. Driving under the influence; commercial motor vehicle operators
322.64. Holder of commercial driver license;
persons
operating a commercial motor vehicle; driving with unlawful bloodalcohol
level; refusal to submit to breath, urine, or blood test
CHAPTER 324 FINANCIAL RESPONSIBILITY
324.201. Return of license or registration to department
CHAPTER 316
STATE UNIFORM TRAFFIC CONTROL
316.003. Definitions.
The following words and phrases, when used in this chapter, shall have the meanings
respectively ascribed to them in this section, except where the context otherwise requires:
AUTHORIZED EMERGENCY VEHICLES.—Vehicles of the fire department (fire
patrol), police vehicles, and such ambulances and emergency vehicles of municipal
departments, public service corporations operated by private corporations, the Fish and
Wildlife Conservation Commission, the Department of Environmental Protection, the
Department of Health, the Department of Transportation, and the Department of
Corrections as are designated or authorized by their respective department or the chief of
police of an incorporated city or any sheriff of any of the various counties.
AUTONOMOUS VEHICLE.—Any vehicle equipped with autonomous technology.
The term “autonomous technology” means technology installed on a motor vehicle that
has the capability to drive the vehicle on which the technology is installed without the
active control or monitoring by a human operator. The term excludes a motor vehicle
enabled with active safety systems or driver assistance systems, including, without
limitation, a system to provide electronic blind spot assistance, crash avoidance,
emergency braking, parking assistance, adaptive cruise control, lane keep assistance, lane
departure warning, or traffic jam and queuing assistant, unless any such system alone or
in combination with other systems enables the vehicle on which the
technology is installed to drive without active control or monitoring by a human operator.
BICYCLE.—Every vehicle propelled solely by human power, and every motorized
bicycle propelled by a combination of human power and an electric helper motor capable
of propelling the vehicle at a speed of not more than 20 miles per hour on level ground
upon which any person may ride, having two tandem wheels, and including any device
generally recognized as a bicycle though equipped with two front or two rear wheels. The
term does not include such a vehicle with a seat height of no more than 25 inches from
the ground when the seat is adjusted to its highest position or a scooter or similar device.
A person under the age of 16 may not operate or ride upon a motorized bicycle.
BICYCLE PATH.—Any road, path, or way that is open to bicycle travel, which
road, path, or way is physically separated from motorized vehicular traffic by an open
space or by a barrier and is located either within the highway rightofway or within an
independent rightofway.
BRAKE HORSEPOWER.—The actual unit of torque developed per unit of time at
the output shaft of an engine, as measured by a dynamometer.
BUS.—Any motor vehicle designed for carrying more than 10 passengers and used
for the transportation of persons and any motor vehicle, other than a taxicab, designed
and used for the transportation of persons for compensation.
BUSINESS DISTRICT.—The territory contiguous to, and including, a highway
when 50 percent or more of the frontage
thereon, for a distance of 300 feet or more, is occupied by buildings in use for business.
CANCELLATION.—Declaration of a license issued through error or fraud as void
and terminated. A new license may be obtained only as permitted in this chapter.
CHIEF ADMINISTRATIVE OFFICER.—The head, or his or her designee, of any
law enforcement agency which is authorized to enforce traffic laws.
CHILD.—A child as defined in s. 39.01, s. 984.03, or s.
985.03.
COMMERCIAL MEGACYCLE.—A vehicle that has fully operational pedals for
propulsion entirely by human power and meets all of the following requirements:
Has four wheels and is operated in a manner similar to a bicycle.
Has at least 5 but no more than 15 seats for passengers.
Is designed to transport more than 15 passengers, including the driver; or
Is used in the transportation of materials found to be hazardous for the purposes of
the Hazardous Materials Transportation Act, as amended (49 U.S.C. ss. 1801 et seq.).
A vehicle that occasionally transports personal property to and from a closedcourse
motorsport facility, as defined in s. 549.09(1)(a), is not a commercial motor vehicle if it is
not used for profit and corporate sponsorship is not involved. As used in this subsection,
the term “corporate sponsorship” means a payment, donation, gratuity, inkind service, or
other benefit provided to or derived by a person in relation to the underlying activity,
other than the display of product or corporate names, logos, or other graphic information
on the property being transported.
COURT.—The court having jurisdiction over traffic offenses.
COVERED FARM VEHICLE.—A straight truck, or an articulated vehicle, which is
all of the following:
Registered in a state with a license plate, or any other designation issued by that state,
which allows law enforcement officers to identify it as a farm vehicle.
Operated by the owner or operator of a farm or ranch or by an employee or a family
member of an owner or operator of a farm or ranch in accordance with s. 316.302(3).
Used to transport agricultural commodities, livestock, machinery, or supplies to or
from a farm or ranch.
Not used in forhire motor carrier operations; however, forhire motor carrier
operations do not include the operation of a
vehicle meeting the requirements of paragraphs (a)(c) by a tenant pursuant to a crop
share farm lease agreement to transport the landlord’s portion of the crops under that
agreement.
(15) CROSSWALK.—
TECHNOLOGY.—Vehicle automation and safety technology that integrates sensor
array, wireless vehicletovehicle communications, active safety systems, and specialized
software to link safety systems and synchronize acceleration and braking between two
vehicles while leaving each vehicle’s steering control and systems command in the
control of the vehicle’s driver in compliance with the National Highway Traffic Safety
Administration rules regarding vehicletovehicle communications.
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.—Any selfbalancing,
twonontandemwheeled device, designed to transport only one person, with an electric
propulsion system with average power of 750 watts (1 horsepower), the maximum speed
of which, on a paved level surface when powered solely by such a propulsion system
while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour.
Electric personal assistive mobility devices are not vehicles as defined in this section.
EXPLOSIVE.—Any chemical compound or mechanical mixture that is commonly
used or intended for the purpose of producing an explosion and which contains any
oxidizing and combustive units or other ingredients in such proportions, quantities, or
packing that an ignition by fire, friction, concussion, percussion, or detonator of any part
of the compound or mixture may cause such a sudden generation of highly heated gases
that the resultant gaseous pressures are capable of producing destructive effect on
contiguous objects or of destroying life or limb.
FARM LABOR VEHICLE.—Any vehicle equipped and
used for the transportation of nine or more migrant or seasonal farm workers, in addition
to the driver, to or from a place of employment or employmentrelated activities. The
term does not include:
Any vehicle carrying only members of the immediate family of the owner or driver.
Any vehicle being operated by a common carrier of passengers.
Any carpool as defined in s. 450.28(3).
A trailer or semitrailer which is designed, constructed, and equipped as a dwelling place,
living abode, or sleeping place, either permanently or temporarily, and is equipped for use as
a conveyance on streets and highways; or
A trailer or a semitrailer the chassis and exterior shell of which is designed and
constructed for use as a house trailer, as defined in paragraph (a), but which is used instead,
permanently or temporarily, for the advertising, sales, display, or promotion of merchandise
or services or for any other commercial purpose except the transportation of property for hire
or the transportation of property for distribution by a private carrier.
IMPLEMENT OF HUSBANDRY.—Any vehicle designed and adapted exclusively for
agricultural, horticultural, or livestockraising operations or for lifting or carrying an
implement of husbandry and in either case not subject to registration if used upon the
highways.
INTERSECTION.—
The area embraced within the prolongation or connection of the lateral curblines or, if
none, then the lateral boundary lines of the roadways of two highways which join one another
at, or approximately at, right angles; or the area within which vehicles traveling upon
different highways joining at any other angle may come in conflict.
Where a highway includes two roadways 30 feet or more apart, every crossing of each
roadway of such divided highway by an intersecting highway shall be regarded as a separate
intersection. If the intersecting highway also includes two roadways 30 feet or more apart,
every crossing of two roadways
of such highways shall be regarded as a separate intersection.
LANED HIGHWAY.—A highway the roadway of which is divided into two or more
clearly marked lanes for vehicular traffic.
LIMITED ACCESS FACILITY.—A street or highway especially designed for
through traffic and over, from, or to which owners or occupants of abutting land or other
persons have no right or easement, or only a limited right or easement, of access, light,
air, or view by reason of the fact that their property abuts upon such limited access
facility or for any other reason. Such highways or streets may be parkways from which
trucks, buses, and other commercial vehicles are excluded or may be freeways open to
use by all customary forms of street and highway traffic.
LOCAL AUTHORITIES.—All officers and public officials of the several counties
and municipalities of this state.
LOCAL HEARING OFFICER.—The person, designated by a department, county, or
municipality that elects to authorize traffic infraction enforcement officers to issue traffic
citations under s. 316.0083(1)(a), who is authorized to conduct hearings related to a
notice of violation issued pursuant to s. 316.0083. The charter county, noncharter county,
or municipality may use its currently appointed code enforcement board or special
magistrate to serve as the local hearing officer. The department may enter into an
interlocal agreement to use the local hearing officer of a county or municipality.
MAXICUBE VEHICLE.—A specialized combination vehicle consisting of a truck
carrying a separable cargocarrying unit combined with a semitrailer designed so that the
separable
cargocarrying unit is to be loaded and unloaded through the semitrailer. The entire
combination may not exceed 65 feet in length, and a single component of that
combination may not exceed 34 feet in length.
MIGRANT OR SEASONAL FARM WORKER.—Any person employed in hand
labor operations in planting, cultivation, or harvesting agricultural crops.
MOPED.—Any vehicle with pedals to permit propulsion by human power, having a
seat or saddle for the use of the rider and designed to travel on not more than three
wheels, with a motor rated not in excess of 2 brake horsepower and not capable of
propelling the vehicle at a speed greater than 30 miles per hour on level ground and with
a powerdrive system that functions directly or automatically without clutching or
shifting gears by the operator after the drive system is engaged. If an internal combustion
engine is used, the displacement may not exceed 50 cubic centimeters.
MOTOR CARRIER TRANSPORTATION CONTRACT.
—
(a) A contract, agreement, or understanding covering:
The transportation of property for compensation or hire by the motor carrier;
Entrance on property by the motor carrier for the purpose of loading, unloading, or
transporting property for compensation or hire; or
A service incidental to activity described in subparagraph 1. or subparagraph 2.,
including, but not limited to, storage of
property.
“Motor carrier transportation contract” does not include the Uniform Intermodal
Interchange and Facilities Access Agreement administered by the Intermodal Association
of North America or other agreements providing for the interchange, use, or possession
of intermodal chassis, containers, or other intermodal equipment.
MOTOR VEHICLE.—Except when used in s. 316.1001, a selfpropelled vehicle not
operated upon rails or guideway, but not including any bicycle, motorized scooter,
electric personal assistive mobility device, swamp buggy, or moped. For purposes of s.
316.1001, “motor vehicle” has the same meaning as provided in s. 320.01(1)(a).
MOTORCYCLE.—Any motor vehicle having a seat or saddle for the use of the rider
and designed to travel on not more than three wheels in contact with the ground, but
excluding a tractor or a moped.
MOTORIZED SCOOTER.—Any vehicle not having a seat or saddle for the use of
the rider, designed to travel on not more than three wheels, and not capable of propelling
the vehicle at a speed greater than 30 miles per hour on level ground.
NONPUBLIC SECTOR BUS.—Any bus which is used for the transportation of
persons for compensation and which is not owned, leased, operated, or controlled by a
municipal, county, or state government or a governmentally owned or managed nonprofit
corporation.
OFFICIAL TRAFFIC CONTROL DEVICES.—All signs, signals, markings, and
devices, not inconsistent with this chapter,
placed or erected by authority of a public body or official having jurisdiction for the
purpose of regulating, warning, or guiding traffic.
OFFICIAL TRAFFIC CONTROL SIGNAL.—Any device, whether manually,
electrically, or mechanically operated, by which traffic is alternately directed to stop and
permitted to proceed.
OPERATOR.—Any person who is in actual physical control of a motor vehicle upon
the highway or who is exercising control over or steering a vehicle being towed by a
motor vehicle.
OWNER.—A person who holds the legal title of a vehicle. If a vehicle is the subject
of an agreement for the conditional sale or lease thereof with the right of purchase upon
performance of the conditions stated in the agreement and with an immediate right of
possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is
entitled to possession, such conditional vendee or lessee or mortgagor shall be deemed
the owner for the purposes of this chapter.
PARK OR PARKING.—The standing of a vehicle, whether occupied or not
occupied, otherwise than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers as may be permitted by law under this
chapter.
PEDESTRIAN.—Any person afoot.
PERSON.—Any natural person, firm, copartnership, association, or corporation.
PNEUMATIC TIRE.—Any tire in which compressed air
is designed to support the load.
operated upon stationary rails.
RAILROAD SIGN OR SIGNAL.—Any sign, signal, or device erected by authority
of a public body or official, or by a railroad, and intended to give notice of the presence
of railroad tracks or the approach of a railroad train.
RAILROAD TRAIN.—A steam engine, electric or other motor, with or without cars
coupled thereto, operated upon rails, except a streetcar.
RESIDENCE DISTRICT.—The territory contiguous to, and including, a highway,
not comprising a business district, when the property on such highway, for a distance of
300 feet or more, is, in the main, improved with residences or residences and buildings in
use for business.
REVOCATION.—Termination of a licensee’s privilege to drive a motor vehicle. A
new license may be obtained only as permitted by law.
RIGHTOFWAY.—The right of one vehicle or pedestrian to proceed in a lawful
manner in preference to another vehicle or pedestrian approaching under such
circumstances of direction, speed, and proximity as to give rise to danger of collision
unless one grants precedence to the other.
ROAD TRACTOR.—Any motor vehicle designed and used for drawing other
vehicles and not so constructed as to carry any load thereon, either independently or as
any part of the weight of a vehicle or load so drawn.
ROADWAY.—That portion of a highway improved, designed, or ordinarily used for
vehicular travel, exclusive of the
berm or shoulder. If a highway includes two or more separate roadways, the term
“roadway” refers to any such roadway separately, but not to all such roadways
collectively.
SADDLE MOUNT; FULL MOUNT.—An arrangement whereby the front wheels of
one vehicle rest in a secured position upon another vehicle. All of the wheels of the
towing vehicle are upon the ground, and only the rear wheels of the towed vehicle rest
upon the ground. Such combinations may include one full mount, whereby a smaller
transport vehicle is placed completely on the last towed vehicle.
SAFETY ZONE.—The area or space officially set apart within a roadway for the
exclusive use of pedestrians and protected or so marked by adequate signs or authorized
pavement markings as to be plainly visible at all times while set apart as a safety zone.
SANITATION VEHICLE.—A motor vehicle that bears an emblem that is visible
from the roadway and clearly identifies that the vehicle belongs to or is under contract
with a person, entity, cooperative, board, commission, district, or unit of local
government that provides garbage, trash, refuse, or recycling collection.
SCHOOL BUS.—Any motor vehicle that complies with the color and identification
requirements of chapter 1006 and is used to transport children to or from public or private
school or in connection with school activities, but not including buses operated by
common carriers in urban transportation of school children. The term “school” includes
all preelementary, elementary, secondary, and postsecondary schools.
SEMITRAILER.—Any vehicle with or without motive power, other than a pole trailer,
designed for carrying persons or property and for being drawn by a motor vehicle and so
constructed that some part of its weight and that of its load rests upon, or is carried by,
another vehicle.
SIDEWALK.—That portion of a street between the curbline, or the lateral line, of a
roadway and the adjacent property lines, intended for use by pedestrians.
SPECIAL MOBILE EQUIPMENT.—Any vehicle not designed or used primarily for the
transportation of persons or property and only incidentally operated or moved over a
highway, including, but not limited to, ditchdigging apparatus, wellboring apparatus, and
road construction and maintenance machinery, such as asphalt spreaders, bituminous mixers,
bucket loaders, tractors other than truck tractors, ditchers, leveling graders, finishing
machines, motor graders, road rollers, scarifiers, earthmoving carryalls and scrapers, power
shovels and draglines, and selfpropelled cranes and earthmoving equipment. The term does
not include house trailers, dump trucks, truckmounted transit mixers, cranes or shovels, or
other vehicles designed for the transportation of persons or property to which machinery has
been attached.
STAND OR STANDING.—The halting of a vehicle, whether occupied or not occupied,
otherwise than temporarily, for the purpose of, and while actually engaged in, receiving or
discharging passengers, as may be permitted by law under this chapter.
STATE ROAD.—Any highway designated as a state
maintained road by the Department of Transportation.
STOP.—When required, complete cessation from movement.
STOP OR STOPPING.—When prohibited, any halting, even momentarily, of a
vehicle, whether occupied or not occupied, except when necessary to avoid conflict with
other traffic or to comply with the directions of a law enforcement officer or traffic
control sign or signal.
STRAIGHT TRUCK.—Any truck on which the cargo unit and the motive power
unit are located on the same frame so as to form a single, rigid unit.
STREET OR HIGHWAY.—
Any way or place used for vehicular traffic on a controlled access basis within a
mobile home park recreation district which has been created under s. 418.30 and the
recreational facilities of which district are open to the general public.
SUSPENSION.—Temporary withdrawal of a licensee’s privilege to drive a motor
vehicle.
SWAMP BUGGY.—A motorized offroad vehicle that is designed or modified to
travel over swampy or varied terrain and that may use large tires or tracks operated from
an elevated platform. The term does not include any vehicle defined in chapter 261 or
otherwise defined or classified in this chapter.
TANDEM AXLE.—Any two axles the centers of which are more than 40 inches but
not more than 96 inches apart and are individually attached to or articulated from, or
both, a common attachment to the vehicle, including a connecting mechanism designed to
equalize the load between axles.
TANDEM TRAILER TRUCK.—Any combination of a truck tractor, semitrailer, and
trailer coupled together so as to operate as a complete unit.
TANDEM TRAILER TRUCK HIGHWAY NETWORK. —A highway network
consisting primarily of four or more lanes, including all interstate highways; highways
designated by the United States Department of Transportation as elements of the National
Network; and any street or highway designated by the Florida Department of
Transportation for use by tandem trailer trucks, in accordance with s. 316.515, except
roads on which
truck traffic was specifically prohibited on January 6, 1983.
(83) TERMINAL.—Any location where:
Freight originates, terminates, or is handled in the transportation process; or
Commercial motor carriers maintain operating facilities.
Has a single, completely enclosed occupant compartment;
Is produced in a minimum quantity of 300 in any calendar
year;
Is capable of a speed greater than 60 miles per hour on level ground; and
Is equipped with:
Seats that are certified by the vehicle manufacturer to meet
the requirements of Federal Motor Vehicle Safety Standard No. 207, “Seating systems”
(49 C.F.R. s. 571.207);
A steering wheel used to maneuver the vehicle;
A propulsion unit located forward or aft of the enclosed occupant compartment;
A seat belt for each vehicle occupant certified to meet the requirements of Federal
Motor Vehicle Safety Standard No. 209, “Seat belt assemblies” (49 C.F.R. s. 571.209);
A windshield and an appropriate windshield wiper and washer system that are
certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle
Safety Standard No. 205, “Glazing materials” (49 C.F.R. s. 571.205) and Federal Motor
Vehicle Safety Standard No. 104, “Windshield wiping and washing systems” (49 C.F.R.
s. 571.104); and
A vehicle structure certified by the vehicle manufacturer to meet the requirements of
Federal Motor Vehicle Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R.
s. 571.216).
TRUCK.—Any motor vehicle designed, used, or maintained primarily for the
transportation of property.
TRUCK TRACTOR.—Any motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other than a part of the weight of
the vehicle and load so drawn.
UTILITY SERVICE VEHICLE.—A motor vehicle that bears an emblem that is
visible from the roadway and clearly identifies that the vehicle belongs to or is under
contract with a
person, entity, cooperative, board, commission, district, or unit of local government that
provides electric, natural gas, water, wastewater, cable, telephone, or communications
services.
VEHICLE.—Every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway, except devices used exclusively upon stationary
rails or tracks.
VICTIM SERVICES PROGRAMS.—Any communitybased organization the
primary purpose of which is to act as an advocate for the victims and survivors of traffic
crashes and for their families. The victims services offered by these programs may
include grief and crisis counseling, assistance with preparing victim compensation claims
excluding thirdparty legal action, or connecting persons with other service providers,
and providing emergency financial assistance.
WORK ZONE AREA.—The area and its approaches on any statemaintained
highway, countymaintained highway, or municipal street where construction, repair,
maintenance, or other streetrelated or highwayrelated work is being performed or where
one or more lanes are closed to traffic.
316.0075. Operator use of commercial mobile radio services and electronic
communications devices.
Regulation of operator or passenger use of commercial mobile radio services and
other electronic communications devices in a motor vehicle is expressly preempted to the
state.
316.0076. Regulation and use of cameras.
Regulation of the use of cameras for enforcing the provisions of this chapter is
expressly preempted to the state. The regulation of the use of cameras for enforcing the
provisions of this chapter is not required to comply with provisions of chapter 493.
316.008. Powers of local authorities.
The provisions of this chapter shall not be deemed to prevent local authorities, with
respect to streets and highways under their jurisdiction and within the reasonable exercise
of the police power, from:
Regulating or prohibiting stopping, standing, or parking.
Regulating traffic by means of police officers or official traffic control devices.
Regulating or prohibiting processions or assemblages on the streets or highways,
including all state or federal highways lying within their boundaries.
Designating particular highways or roadways for use by traffic moving in one
direction.
Establishing speed limits for vehicles in public parks.
Designating any street as a through street or designating any intersection as a stop or
yield intersection.
Restricting the use of streets.
Regulating the operation of bicycles.
Regulating or prohibiting the turning of vehicles or specified types of vehicles.
Altering or establishing speed limits within the provisions of this chapter.
Requiring written crash reports.
Designating nopassing zones.
Prohibiting or regulating the use of controlled access roadways by any class or kind
of traffic.
Prohibiting or regulating the use of heavily traveled streets by any class or kind of
traffic found to be incompatible with the normal and safe movement of traffic.
Designating hazardous railroad grade crossings in conformity to criteria promulgated
by the Department of Transportation.
Designating and regulating traffic on play streets.
Regulating persons upon skates, coasters, and other toy vehicles.
Adopting and enforcing such temporary or experimental regulations as may be
necessary to cover emergencies or special conditions.
Enacting ordinances or erecting signs in the rightsofway to control, regulate, or
prohibit hitchhiking on streets or highways, including all state or federal highways lying
within their
boundaries.
A county or municipality may enact an ordinance which dedicates a portion of any
fine collected for a violation of such ordinance for the purpose of funding a firefighter
education program, if such ordinance is limited to the regulation of parking within a
firesafety zone.
A county or municipality may enact an ordinance providing for the establishment of
a “combat automobile theft” program, and may charge a fee for the administration of the
program and the cost of the decal. Such a program shall include:
Consent forms for motor vehicle owners who wish to enroll their vehicles.
Decals indicating a vehicle’s enrollment in the “combat automobile theft” program.
The Department of Law Enforcement shall approve the color, design, and other
specifications of the program decal.
A consent form signed by a motor vehicle owner provides authorization for a law
enforcement officer to stop the vehicle when it is being driven between the hours of 1
a.m. and 5 a.m., provided that a decal is conspicuously affixed to the bottom left corner
of the back window of the vehicle to provide notice of its enrollment in the “combat
automobile theft” program. The owner of the motor vehicle is responsible for removing
the decal when terminating participation in the program, or when selling or otherwise
transferring ownership of the vehicle. No civil liabilities will arise from the actions of a
law enforcement officer when stopping a vehicle with a yellow decal evidencing
enrollment in the program when the driver is not enrolled in the program provided that
the stop is made in accordance with the requirements of the “combat automobile theft”
program.
A county or municipality may enact an ordinance to permit, control, or regulate the
operation of vehicles, golf carts, mopeds, motorized scooters, and electric personal
assistive mobility devices on sidewalks or sidewalk areas when such use is
permissible under federal law. The ordinance must restrict such vehicles or devices to a
maximum speed of 15 miles per hour in such areas.
(a) A county or municipality may use traffic infraction detectors to enforce s.
316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at a traffic signal on streets
and highways under its jurisdiction under s. 316.0083. Only a municipality may install or
authorize the installation of any such detectors within the incorporated area of the
municipality. Only a county may install or authorize the installation of any such detectors
within the unincorporated area of the county.
Pursuant to paragraph (a), a municipality may install or, by contract or interlocal
agreement, authorize the installation of any such detectors only within the incorporated
area of the municipality, and a county may install or, by contract or interlocal agreement,
authorize the installation of any such detectors only within the unincorporated area of the
county. A county may authorize installation of any such detectors by interlocal agreement
on roads under its jurisdiction.
Pursuant to s. 316.0083, a county or municipality may use traffic infraction detectors
to enforce s. 316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at a traffic signal
on state roads under the original jurisdiction of the Department of Transportation when
permitted by the Department of Transportation.
316.0081. Request regarding traffic signals or other traffic control devices.
To ensure the safe and efficient operation of this state’s roadways, a county or
municipality must respond to a request by a county or municipality to which it provides,
by agreement, traffic signal or traffic control device services within 60 days after
receiving such a request regarding the evaluation, installation, operation, or maintenance
of such traffic signals or other traffic control devices.
316.0083. Mark Wandall Traffic Safety Program;
administration; report.
(a) For purposes of administering this section, the department, a county, or a
municipality may authorize a traffic infraction enforcement officer under s. 316.640 to
issue a traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. A notice of
violation and a traffic citation may not be issued for failure to stop at a red light if the
driver is making a righthand turn in a careful and prudent manner at an intersection
where righthand turns are permissible. A notice of violation and a traffic citation may
not be issued under this section if the driver of the vehicle came to a complete stop after
crossing the stop line and before turning right if permissible at a red light, but failed to
stop before crossing over the stop line or other point at which a stop is required. This
paragraph does not prohibit a review of information from a traffic infraction detector by
an authorized employee or agent of the department, a county, or a municipality before
issuance of the traffic citation by the traffic infraction enforcement officer. This
paragraph does not prohibit the department, a county, or a municipality from issuing
notification as provided in paragraph (b) to the registered owner of the motor vehicle
involved in the violation of s. 316.074(1) or s. 316.075(1)
(c)1.
d. If the registered owner or coowner of the motor vehicle, or the person designated
as having care, custody, or control of the motor vehicle at the time of the violation, or an
authorized representative of the owner, coowner, or designated person, initiates a
proceeding to challenge the violation pursuant to this paragraph, such person waives any
challenge or dispute as to the delivery of the notice of violation.
Penalties assessed and collected by the department, county, or municipality
authorized to collect the funds provided for in this paragraph, less the amount retained by
the county or municipality pursuant to subparagraph 3., shall be paid to the Department
of Revenue weekly. Payment by the department, county, or municipality to the state shall
be made by means of electronic funds transfers. In addition to the payment, summary
detail of the penalties remitted shall be reported to the Department of Revenue.
Penalties to be assessed and collected by the department, county, or municipality are
as follows:
a. One hundred fiftyeight dollars for a violation of s. 316.074(1) or s. 316.075(1)
(c)1. when a driver failed to stop at a traffic signal if enforcement is by the department’s
traffic infraction enforcement officer. One hundred dollars shall be remitted to the
Department of Revenue for deposit into the General Revenue Fund, $10 shall be remitted
to the Department of Revenue for deposit into the Department of Health Emergency
Medical Services Trust Fund, $3 shall be remitted to the Department of Revenue for
deposit into the Brain and Spinal Cord Injury Trust Fund, and $45 shall be distributed to
the municipality
in which the violation occurred, or, if the violation occurred in an unincorporated area, to
the county in which the violation occurred. Funds deposited into the Department of
Health Emergency Medical Services Trust Fund under this subsubparagraph shall be
distributed as provided in s. 395.4036(1). Proceeds of the infractions in the Brain and
Spinal Cord Injury Trust Fund shall be distributed quarterly to the Miami Project to Cure
Paralysis and used for brain and spinal cord research.
b. One hundred fiftyeight dollars for a violation of s. 316.074(1) or s. 316.075(1)
(c)1. when a driver failed to stop at a traffic signal if enforcement is by a county or
municipal traffic infraction enforcement officer. Seventy dollars shall be remitted by the
county or municipality to the Department of Revenue for deposit into the General
Revenue Fund, $10 shall be remitted to the Department of Revenue for deposit into the
Department of Health Emergency Medical Services Trust Fund, $3 shall be remitted to
the Department of Revenue for deposit into the Brain and Spinal Cord Injury Trust Fund,
and $75 shall be retained by the county or municipality enforcing the ordinance enacted
pursuant to this section. Funds deposited into the Department of Health Emergency
Medical Services Trust Fund under this subsubparagraph shall be distributed as provided
in s. 395.4036(1). Proceeds of the infractions in the Brain and Spinal Cord Injury Trust
Fund shall be distributed quarterly to the Miami Project to Cure Paralysis and used for
brain and spinal cord research.
An individual may not receive a commission from any revenue collected from
violations detected through the use of a traffic infraction detector. A manufacturer or
vendor may not receive a fee or remuneration based upon the number of violations
detected through the use of a traffic infraction detector.
1. a. A traffic citation issued under this section shall be issued by mailing the traffic
citation by certified mail to the address of the registered owner of the motor vehicle
involved in the violation if payment has not been made within 60 days after notification
under paragraph (b), if the registered owner has not requested a hearing as authorized
under paragraph (b), or if the registered owner has not submitted an affidavit under this
section.
b. Delivery of the traffic citation constitutes notification under this paragraph. If the
registered owner or coowner of the motor vehicle, or the person designated as having
care, custody, or control of the motor vehicle at the time of the violation, or a duly
authorized representative of the owner, coowner, or designated person, initiates a
proceeding to challenge the citation pursuant to this section, such person waives any
challenge or dispute as to the delivery of the traffic citation.
c. In the case of joint ownership of a motor vehicle, the traffic citation shall be mailed
to the first name appearing on the registration, unless the first name appearing on the
registration is a business organization, in which case the second name appearing on the
registration may be used.
Included with the notification to the registered owner of the motor vehicle involved
in the infraction shall be a notice that the owner has the right to review, in person or
remotely, the photographic or electronic images or the streaming video evidence that
constitutes a rebuttable presumption against the owner of the vehicle. The notice must
state the time and place or Internet location where the evidence may be examined and
observed.
1. The owner of the motor vehicle involved in the violation is responsible and liable
for paying the uniform traffic citation issued for a violation of s. 316.074(1) or s.
316.075(1)(c)1. when the driver failed to stop at a traffic signal, unless the owner can
establish that:
a. The motor vehicle passed through the intersection in order to yield rightofway to
an emergency vehicle or as part of a funeral procession;
b. The motor vehicle passed through the intersection at the direction of a law
enforcement officer;
c. The motor vehicle was, at the time of the violation, in the care, custody, or control
of another person;
d. A uniform traffic citation was issued by a law enforcement officer to the driver of
the motor vehicle for the alleged violation of s. 316.074(1) or s. 316.075(1)(c)1.; or
e. The motor vehicle’s owner was deceased on or before the date that the uniform
traffic citation was issued, as established by an affidavit submitted by the representative
of the motor vehicle owner’s estate or other designated person or family member.
In order to establish such facts, the owner of the motor vehicle shall, within 30 days
after the date of issuance of the traffic citation, furnish to the appropriate governmental
entity an affidavit setting forth detailed information supporting an exemption as provided
in this paragraph.
a. An affidavit supporting an exemption
under sub
subparagraph 1.c. must include the name, address, date of birth, and, if known, the driver
license number of the person who leased, rented, or otherwise had care, custody, or
control of the motor vehicle at the time of the alleged violation. If the vehicle was stolen
at the time of the alleged offense, the affidavit must include the police report indicating
that the vehicle was stolen.
b. If a traffic citation for a violation of s. 316.074(1) or s. 316.075(1)(c)1. was issued
at the location of the violation by a law enforcement officer, the affidavit must include
the serial number of the uniform traffic citation.
c. If the motor vehicle’s owner to whom a traffic citation has been issued is deceased,
the affidavit must include a certified copy of the owner’s death certificate showing that
the date of death occurred on or before the issuance of the uniform traffic citation and one
of the following:
I. A bill of sale or other document showing that the deceased owner’s motor vehicle
was sold or transferred after his or her death, but on or before the date of the alleged
violation.
Documentary proof that the registered license plate belonging to the deceased
owner’s vehicle was returned to the department or any branch office or authorized agent
of the department, but on or before the date of the alleged violation.
A copy of a police report showing that the deceased owner’s registered license plate
or motor vehicle was stolen after the owner’s death, but on or before the date of the
alleged violation.
Upon receipt of the affidavit and documentation required under
this subsubparagraph, the governmental entity must dismiss the citation and provide
proof of such dismissal to the person that submitted the affidavit.
Upon receipt of an affidavit, the person designated as having care, custody, or control
of the motor vehicle at the time of the violation may be issued a notice of violation
pursuant to paragraph (b) for a violation of s. 316.074(1) or s. 316.075(1)(c)1. when the
driver failed to stop at a traffic signal. The affidavit is admissible in a proceeding
pursuant to this section for the purpose of providing proof that the person identified in the
affidavit was in actual care, custody, or control of the motor vehicle. The owner of a
leased vehicle for which a traffic citation is issued for a violation of s. 316.074(1) or s.
316.075(1)(c)1. when the driver failed to stop at a traffic signal is not responsible for
paying the traffic citation and is not required to submit an affidavit as specified in this
subsection if the motor vehicle involved in the violation is registered in the name of the
lessee of such motor vehicle.
Paragraphs (b) and (c) apply to the person identified on the affidavit, except that the
notification under subsubparagraph (b)1.a. must be sent to the person identified on the
affidavit within 30 days after receipt of an affidavit.
The submission of a false affidavit is a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
The photographic or electronic images or streaming video attached to or referenced
in the traffic citation is evidence that a violation of s. 316.074(1) or s. 316.075(1)(c)1.
when the driver failed to stop at a traffic signal has occurred and is admissible in
any proceeding to enforce this section and raises a rebuttable presumption that the motor
vehicle named in the report or shown in the photographic or electronic images or
streaming video evidence was used in violation of s. 316.074(1) or s. 316.075(1) (c)1.
when the driver failed to stop at a traffic signal.
A notice of violation and a traffic citation may not be issued for failure to stop at a
red light if the driver is making a righthand turn in a careful and prudent manner at an
intersection where righthand turns are permissible.
This section supplements the enforcement of s. 316.074(1) or s. 316.075(1)(c)1. by
law enforcement officers when a driver fails to stop at a traffic signal and does not
prohibit a law enforcement officer from issuing a traffic citation for a violation of s.
316.074(1) or s. 316.075(1)(c)1. when a driver fails to stop at a traffic signal in
accordance with normal traffic enforcement techniques.
(a) Each county or municipality that operates a traffic infraction detector shall submit
a report by October 1, 2012, and annually thereafter, to the department which details the
results of using the traffic infraction detector and the procedures for enforcement for the
preceding state fiscal year. The information submitted by the counties and municipalities
must include statistical data and information required by the department to complete the
report required under paragraph (b).
On or before December 31, 2012, and annually thereafter, the department shall
provide a summary report to the Governor, the President of the Senate, and the Speaker
of the House of Representatives regarding the use and operation of traffic
infraction detectors under this section, along with the department’s recommendations and
any necessary legislation. The summary report must include a review of the information
submitted to the department by the counties and municipalities and must describe the
enhancement of the traffic safety and enforcement programs.
(5) Procedures for a hearing under this section are as follows:
The department shall publish and make available electronically to each county and
municipality a model Request for Hearing form to assist each local government
administering this section.
The charter county, noncharter county, or municipality electing to authorize traffic
infraction enforcement officers to issue traffic citations under paragraph (1)(a) shall
designate by resolution existing staff to serve as the clerk to the local hearing officer.
Any person, herein referred to as the “petitioner,” who elects to request a hearing
under paragraph (1)(b) shall be scheduled for a hearing by the clerk to the local hearing
officer to appear before a local hearing officer with notice to be sent by firstclass mail.
Upon receipt of the notice, the petitioner may reschedule the hearing once by submitting
a written request to reschedule to the clerk to the local hearing officer, at least 5 calendar
days before the day of the originally scheduled hearing. The petitioner may cancel his or
her appearance before the local hearing officer by paying the penalty assessed under
paragraph
(1)(b), plus $50 in administrative costs, before the start of the hearing.
All testimony at the hearing shall be under oath and shall be recorded. The local
hearing officer shall take testimony from a traffic infraction enforcement officer and the
petitioner, and may take testimony from others. The local hearing officer shall review the
photographic or electronic images or the streaming video made available under sub
subparagraph(1)(b)1.b. Formal rules of evidence do not apply, but due process shall be
observed and govern the proceedings.
At the conclusion of the hearing, the local hearing officer shall determine whether a
violation under this section has occurred, in which case the hearing officer shall uphold
or dismiss the violation. The local hearing officer shall issue a final administrative order
including the determination and, if the notice of violation is upheld, require the petitioner
to pay the penalty previously assessed under paragraph (1)(b), and may also require the
petitioner to pay county or municipal costs, not to exceed $250. The final administrative
order shall be mailed to the petitioner by firstclass mail.
An aggrieved party may appeal a final administrative order consistent with the
process provided under s. 162.11.
316.027. Crash involving death or personal injuries.
(1) As used in this section, the term:
(b) “Vulnerable road user” means:
A pedestrian, including a person actually engaged in work upon a highway, or in
work upon utility facilities along a highway, or engaged in the provision of emergency
services within the rightofway;
A person operating a bicycle, motorcycle, scooter, or moped lawfully on the
roadway;
A person riding an animal; or
A person lawfully operating on a public rightofway, crosswalk, or shoulder of the
roadway:
a. A farm tractor or similar vehicle designed primarily for farm use;
b. A skateboard, roller skates, or inline skates;
c. A horsedrawn carriage;
d. An electric personal assistive mobility device; or
e. A wheelchair.
(a) The driver of a vehicle involved in a crash occurring on public or private property
which results in injury to a person other than serious bodily injury shall immediately stop
the vehicle at the scene of the crash, or as close thereto as possible, and shall remain at
the scene of the crash until he or she has fulfilled the requirements of s. 316.062. A
person who willfully violates this paragraph commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
The driver of a vehicle involved in a crash occurring on
public or private property which results in serious bodily injury to a person shall
immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and
shall remain at the scene of the crash until he or she has fulfilled the requirements of s.
316.062. A person who willfully violates this paragraph commits a felony of the second
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
The driver of a vehicle involved in a crash occurring on public or private property
which results in the death of a person shall immediately stop the vehicle at the scene of
the crash, or as close thereto as possible, and shall remain at the scene of the crash until
he or she has fulfilled the requirements of s. 316.062. A person who is arrested for a
violation of this paragraph and who has previously been convicted of a violation of this
section, s. 316.061, s. 316.191, or s. 316.193, or a felony violation of s.
322.34, shall be held in custody until brought before the court for admittance to bail in
accordance with chapter 903. A person who willfully violates this paragraph commits a
felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
and shall be sentenced to a mandatory minimum term of imprisonment of 4 years. A
person who willfully commits such a violation while driving under the influence as set
forth in s. 316.193(1) shall be sentenced to a mandatory minimum term of imprisonment
of 4 years.
Notwithstanding s. 775.089(1)(a), if the driver of a vehicle violates paragraph (a),
paragraph (b), or paragraph (c), the court shall order the driver to make restitution to the
victim for any damage or loss unless the court finds clear and compelling reasons not to
order the restitution. Restitution may be monetary
or nonmonetary restitution. The court shall make the payment of restitution a condition of
probation in accordance with s. 948.03. An order requiring the defendant to make
restitution to a victim does not remove or diminish the requirement that the court order
payment to the Crimes Compensation Trust Fund under chapter
Payment of an award by the Crimes Compensation Trust Fund creates an order of
restitution to the Crimes Compensation Trust Fund unless specifically waived in
accordance with s. 775.089(1)(b).
A driver who violates paragraph (a), paragraph (b), or paragraph (c) shall have his or
her driver license revoked for at least 3 years as provided in s. 322.28(4).
A person convicted of violating paragraph (a), paragraph (b), or paragraph (c) shall,
before his or her driving privilege may be reinstated, present to the department proof of
completion of a victim’s impact panel session in a judicial circuit if such a panel exists,
or if such a panel does not exist, a departmentapproved driver improvement course
relating to the rights of vulnerable road users relative to vehicles on the roadway as
provided in s. 322.0261(2).
The department may reinstate an offender’s driving privilege after he or she satisfies
the 3year revocation period as provided in s. 322.28(4) and successfully completes either
a victim’s impact panel session or a departmentapproved driver improvement course
relating to the rights of vulnerable road users relative to vehicles on the roadway as
provided in s. 322.0261(2).
For purposes of this paragraph, an offender’s driving privilege may be reinstated
only after the department verifies that
the offender participated in and successfully completed a victim’s impact panel session or
a departmentapproved driver improvement course.
For purposes of sentencing under chapter 921 and determining incentive gaintime
eligibility under chapter 944, an offense listed in this subsection is ranked one level
above the ranking specified in s. 921.0022 or s. 921.0023 for the offense committed if the
victim of the offense was a vulnerable road user.
The defendant may move to depart from the mandatory minimum term of
imprisonment prescribed in paragraph (c) unless the violation was committed while the
defendant was driving under the influence. The state may object to this departure. The
court may grant the motion only if it finds that a factor, consideration, or circumstance
clearly demonstrates that imposing a mandatory minimum term of imprisonment would
constitute or result in an injustice. The court shall state in open court the basis for
granting the motion.
The stops shall be made without unnecessarily obstructing traffic, and, if a damaged
vehicle is obstructing traffic, the driver of the vehicle shall make every reasonable effort
to move the vehicle or have it moved so as not to obstruct the regular flow of traffic. A
person who fails to comply with this subsection shall be cited for a nonmoving violation,
punishable as provided in chapter 318.
In addition to any other civil, criminal, or administrative penalty imposed, a person
whose commission of a noncriminal traffic infraction or a violation of this chapter or s.
1006.66 causes or results in the death of another person may be required by the
court to serve 120 community service hours in a trauma center or hospital that regularly
receives victims of vehicle accidents, under the supervision of a registered nurse, an
emergency room physician, or an emergency medical technician pursuant to a voluntary
community service program operated by the trauma center or hospital.
This section does not apply to crashes occurring during a motorsports event, as
defined in s. 549.10(1), or at a closedcourse motorsport facility, as defined in s.
549.09(1).
316.0271. Yellow dot critical motorist medical information program; yellow
dot decal, folder, and information form.
The governing body of a county may create a yellow dot critical motorist medical
information program to facilitate the provision of emergency medical care to program
participants by emergency medical responders by making critical medical information
readily available to responders in the event of a motor vehicle accident or a medical
emergency involving a participant’s vehicle.
(a) The governing body of a county may solicit sponsorships from business entities
and notforprofit organizations to cover the costs of the program, including the cost of
decals and folders that must be provided free of charge to participants. Two or more
counties may enter into an interlocal agreement to solicit such sponsorships.
The Department of Highway Safety and Motor Vehicles or the Department of
Transportation may provide education and training to encourage emergency medical
responders to
participate in the program and may take reasonable measures to publicize the program.
Any owner or lessee of a motor vehicle may request to participate in the program in
the manner prescribed by the governing body of the county. A participant shall receive a
yellow dot decal, a yellow dot folder, and a form on which the participant shall provide
his or her personal and medical information.
The form must include a statement that the information provided will be disclosed
only to authorized personnel of law enforcement and public safety agencies, emergency
medical services agencies, and hospitals for the purposes authorized in subsection (5).
The form must describe the confidential nature of the medical information
voluntarily provided by the participant and must include a notice to the participant stating
that, by providing the medical information and signing the form, he or she agrees to the
disclosure of the medical information to authorized personnel and their use of such
information solely for the purposes listed in subsection (5).
The county may not charge a fee to participate in the yellow dot program.
(a) The participant shall affix the decal onto the rear window in the left lower corner
of a motor vehicle or in a clearly visible location on a motorcycle.
A person who rides in a motor vehicle as a passenger may also participate in the
program but may not be issued a decal if a decal has been issued to the owner or lessee of
the motor vehicle
in which the person rides.
The yellow dot folder, which shall be stored in the glove compartment of the motor
vehicle or in a compartment attached to a motorcycle, shall contain a form with the
following information about the participant:
The participant’s name.
The participant’s photograph.
Emergency contact information for no more than two persons.
The participant’s medical information, including medical conditions, recent
surgeries, allergies, and current medications.
The participant’s hospital preference.
Contact information for no more than two physicians.
(a) If the driver or a passenger of a motor vehicle is involved in a motor vehicle
accident or emergency situation and a yellow dot decal is affixed to the vehicle, an
emergency medical responder at the scene may search the glove compartment of the
vehicle for the corresponding yellow dot folder.
The use of the information contained in the yellow dot folder by an emergency
medical responder at the scene is limited to the following purposes:
To positively identify the participant.
To ascertain whether the participant has a medical condition that might impede
communications between the participant and the responder.
To access the medical information form.
316.061. Crashes involving damage to vehicle or property.
The driver of any vehicle involved in a crash resulting only in damage to a vehicle or
other property which is driven or attended by any person shall immediately stop such
vehicle at the scene of such crash or as close thereto as possible, and shall forthwith
return to, and in every event shall remain at, the scene of the crash until he or she has
fulfilled the requirements of s. 316.062. A person who violates this subsection commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Notwithstanding any other provision of this section, $5 shall be added to a fine imposed
pursuant to this section, which $5 shall be deposited in the Emergency Medical Services
Trust Fund.
Every stop must be made without obstructing traffic more than is necessary, and, if a
damaged vehicle is obstructing traffic, the driver of such vehicle must make every
reasonable effort to move the vehicle or have it moved so as not to block the regular flow
of traffic. Any person failing to comply with this subsection shall be cited for a
nonmoving violation, punishable as provided
in chapter 318.
316.062. Duty to give information and render aid.
The driver of any vehicle involved in a crash resulting in injury to or death of any
person or damage to any vehicle or other property which is driven or attended by any
person shall give his or her name, address, and the registration number of the vehicle he
or she is driving, and shall upon request and if available exhibit his or her license or
permit to drive, to any person injured in such crash or to the driver or occupant of or
person attending any vehicle or other property damaged in the crash and shall give such
information and, upon request, exhibit such license or permit to any police officer at the
scene of the crash or who is investigating the crash and shall render to any person injured
in the crash
reasonable assistance, including the carrying, or the making of arrangements for the
carrying, of such person to a physician, surgeon, or hospital for medical or surgical
treatment if it is apparent that treatment is necessary, or if such carrying is requested by
the injured person.
In the event none of the persons specified are in condition to receive the information
to which they otherwise would be entitled under subsection (1), and no police officer is
present, the driver of any vehicle involved in such crash, after fulfilling all other
requirements of s. 316.027 and subsection (1), insofar as possible on his or her part to be
performed, shall forthwith report the crash to the nearest office of a duly authorized
police authority and submit thereto the information specified in subsection (1).
The statutory duty of a person to make a report or give information to a law
enforcement officer making a written report relating to a crash shall not be construed as
extending to information which would violate the privilege of such person against self
incrimination.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.063. Duty upon damaging unattended vehicle or other property.
The driver of any vehicle which collides with, or is involved in a crash with, any
vehicle or other property which is unattended, resulting in any damage to such other
vehicle or property, shall immediately stop and shall then and there either locate and
notify the operator or owner of the vehicle or other property of the
driver’s name and address and the registration number of the vehicle he or she is driving,
or shall attach securely in a conspicuous place in or on the vehicle or other property a
written notice giving the driver’s name and address and the registration number of the
vehicle he or she is driving, and shall without unnecessary delay notify the nearest office
of a duly authorized police authority. Any person who fails to comply with this
subsection commits a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
Every such stop shall be made without obstructing traffic more than is necessary. If a
damaged vehicle is obstructing traffic, the driver shall make every reasonable effort to
move the vehicle or have it moved so as not to obstruct the regular flow of traffic. A
violation of this subsection is a noncriminal traffic infraction, punishable as a nonmoving
violation as provided in chapter 318.
The law enforcement officer at the scene of a crash required to be reported in
accordance with the provisions of subsection (1) or the law enforcement officer receiving
a report by a driver as required by subsection (1) shall, if part or any of the property
damaged is a fence or other structure used to house or contain livestock, promptly make a
reasonable effort to notify the owner, occupant, or agent of this damage.
316.064. When driver unable to report.
A crash report is not required under this chapter from any person who is physically
incapable of making a report during the period of such incapacity.
Whenever the driver of a vehicle is physically incapable of
making an immediate or a written report of a crash, as required in
316.065 and 316.066, and there was another occupant in the vehicle at the time of the
crash capable of making a report, such occupant shall make or cause to be made the
report not made by the driver.
Whenever the driver is physically incapable of making a written report of a crash as
required in this chapter, then the owner of the vehicle involved in the crash shall, within
10 days after the crash, make such report not made by the driver.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.065. Crashes; reports; penalties.
The driver of a vehicle involved in a crash resulting in injury to or death of any
persons or damage to any vehicle or other property in an apparent amount of at least $500
shall immediately by the quickest means of communication give notice of the crash to the
local police department, if such crash occurs within a municipality; otherwise, to the
office of the county sheriff or the nearest office or station of the Florida Highway Patrol.
A violation of this subsection is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
Every coroner or other official performing like functions, upon learning of the death
of a person in his or her jurisdiction as the result of a traffic crash, shall immediately
notify the nearest office or station of the department.
Any person in charge of any garage or repair shop to which
is brought any motor vehicle which shows evidence of having been struck by a bullet, or
any other person to whom is brought for the purpose of repair a motor vehicle showing
such evidence, shall make a report, or cause a report to be made, to the nearest local
police station or Florida Highway Patrol office within 24 hours after the motor vehicle is
received and before any repairs are made to the vehicle. The report shall contain the year,
license number, make, model, and color of the vehicle and the name and address of the
owner or person in possession of the vehicle.
Any person who knowingly repairs a motor vehicle without having made a report as
required by subsection (3) is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083. The owner and driver of a vehicle involved in a
crash who makes a report thereof in accordance with subsection (1) is not liable under
this section.
316.066. Written reports of crashes.
(a) A Florida Traffic Crash Report, Long Form must be completed and submitted to
the department within 10 days after an investigation is completed by the law enforcement
officer who in the regular course of duty investigates a motor vehicle crash that:
Resulted in death of, personal injury to, or any indication of complaints of pain or
discomfort by any of the parties or passengers involved in the crash;
Involved a violation of s. 316.061(1) or s. 316.193;
Rendered a vehicle inoperable to a degree that required a wrecker to remove it from
the scene of the crash; or
4. Involved a commercial motor vehicle.
The Florida Traffic Crash Report, Long Form must include: 1. The date, time, and
location of the crash.
2. A description of the vehicles involved.
The names and addresses of the parties involved, including all drivers and
passengers, and the identification of the vehicle in which each was a driver or a
passenger.
The names and addresses of witnesses.
The name, badge number, and law enforcement agency of the officer investigating
the crash.
The names of the insurance companies for the respective parties involved in the
crash.
In any crash for which a Florida Traffic Crash Report, Long Form is not required by
this section and which occurs on the public roadways of this state, the law enforcement
officer shall complete a shortform crash report or provide a driver exchangeof
information form, to be completed by all drivers and passengers involved in the crash,
which requires the identification of each vehicle that the drivers and passengers were in.
The shortform report must include:
The date, time, and location of the crash.
A description of the vehicles involved.
The names and addresses of the parties involved, including all drivers and
passengers, and the identification of the vehicle in which each was a driver or a
passenger.
The names and addresses of witnesses.
The name, badge number, and law enforcement agency of the officer investigating
the crash.
The names of the insurance companies for the respective parties involved in the
crash.
Each party to the crash must provide the law enforcement officer with proof of
insurance, which must be documented in the crash report. If a law enforcement officer
submits a report on the crash, proof of insurance must be provided to the officer by each
party involved in the crash. Any party who fails to provide the required information
commits a noncriminal traffic infraction, punishable as a nonmoving violation as
provided in chapter 318, unless the officer determines that due to injuries or other special
circumstances such insurance information cannot be provided immediately. If the person
provides the law enforcement agency, within 24 hours after the crash, proof of insurance
that was valid at the time of the crash, the law enforcement agency may void the citation.
The driver of a vehicle that was in any manner involved in a crash resulting in
damage to a vehicle or other property which does not require a law enforcement report
shall, within 10 days after the crash, submit a written report of the crash to the
department. The report shall be submitted on a form approved by the department.
Longform and shortform crash reports prepared by law enforcement must be
submitted to the department and may be maintained by the law enforcement officer’s
agency.
(a) Crash reports that reveal the identity, home or employment telephone number or
home or employment address of, or other personal information concerning the parties
involved in the crash and that are held by any agency that regularly receives or prepares
information from or concerning the parties to motor vehicle crashes are confidential and
exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution for a period of 60
days after the date the report is filed.
Crash reports held by an agency under paragraph (a) may be made immediately
available to the parties involved in the crash, their legal representatives, their licensed
insurance agents, their insurers or insurers to which they have applied for coverage,
persons under contract with such insurers to provide claims or underwriting information,
prosecutorial authorities, law enforcement agencies, the Department of Transportation,
county traffic operations, victim services programs, radio and television stations licensed
by the Federal Communications Commission, newspapers qualified to publish legal
notices under ss. 50.011 and 50.031, and, in accordance with paragraph (f), free
newspapers of general circulation, published once a week or more often, of which at least
7,500 copies are distributed by mail or by carrier as verified by a postal statement or by a
notarized printer’s statement of press run, which are intended to be generally distributed
and circulated, and which contain news of general interest with at least 10 pages per
publication, available and of interest to the public generally for the dissemination of
news. For the purposes of this section, the following products or publications are not
newspapers as referred to in this section: those intended primarily for members of a
particular profession or occupational group;
those with the primary purpose of distributing advertising; and those with the primary
purpose of publishing names and other personal identifying information concerning
parties to motor vehicle crashes.
Any local, state, or federal agency that is authorized to have access to crash reports
by any provision of law shall be granted such access in the furtherance of the agency’s
statutory duties.
As a condition precedent to accessing a crash report within 60 days after the date the
report is filed, a person must present a valid driver license or other photographic
identification, proof of status, or identification that demonstrates his or her qualifications
to access that information and file a written sworn statement with the state or local
agency in possession of the information stating that information from a crash report made
confidential and exempt by this section will not be used for any commercial solicitation
of accident victims, or knowingly disclosed to any third party for the purpose of such
solicitation, during the period of time that the information remains confidential and
exempt. Such written sworn statement must be completed and sworn to by the requesting
party for each individual crash report that is being requested within 60 days after the
report is filed. In lieu of requiring the written sworn statement, an agency may provide
crash reports by electronic means to thirdparty vendors under contract with one or more
insurers, but only when such contract states that information from a crash report made
confidential and exempt by this section will not be used for any commercial solicitation
of accident victims by the vendors, or knowingly disclosed by the vendors to any third
party for the purpose of such solicitation, during the period of time that the information
remains
confidential and exempt, and only when a copy of such contract is furnished to the
agency as proof of the vendor’s claimed status.
This subsection does not prevent the dissemination or publication of news to the
general public by any legitimate media entitled to access confidential and exempt
information pursuant to this section.
Free newspapers of general circulation published once a week or more often, of
which at least 7,500 copies are distributed by mail or by carrier as verified by a postal
statement or by a notarized printer’s statement of press run, which are intended to be
generally distributed and circulated, which contain news of general interest with at least
10 pages per publication, available and of interest to the public generally for the
dissemination of news, and which request 10 or more crash reports within a 24hour
period before 60 days have elapsed after the report is filed may not have access to the
home, cellular, employment, or other telephone number or the home or employment
address of any of the parties involved in the crash. This paragraph is subject to the Open
Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on
October 2, 2019, unless reviewed and saved from repeal through reenactment by the
Legislature.
(a) Any driver failing to file the written report required under subsection (1) commits
a noncriminal traffic infraction, punishable as a nonmoving violation as provided in
chapter 318.
Any employee of a state or local agency in possession of information made
confidential and exempt by this section who knowingly discloses such confidential and
exempt information to
a person not entitled to access such information under this section commits a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person, knowing that he or she is not entitled to obtain information made
confidential and exempt by this section, who obtains or attempts to obtain such
information commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Any person who knowingly uses confidential and exempt information in violation of
a filed written sworn statement or contractual agreement required by this section commits
a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
Except as specified in this subsection, each crash report made by a person involved in
a crash and any statement made by such person to a law enforcement officer for the
purpose of completing a crash report required by this section shall be without prejudice to
the individual so reporting. Such report or statement may not be used as evidence in any
trial, civil or criminal. However, subject to the applicable rules of evidence, a law
enforcement officer at a criminal trial may testify as to any statement made to the officer
by the person involved in the crash if that person’s privilege against selfincrimination is
not violated. The results of breath, urine, and blood tests administered as provided in s.
316.1932 or s. 316.1933 are not confidential and are admissible into evidence in
accordance with the provisions of s. 316.1934(2).
A law enforcement officer, as defined in s. 943.10(1), may
enforce this section.
316.067. False reports.
Any person who gives information in oral, electronic, or written reports as required
in this chapter, knowing or having reason to believe that such information is false,
commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083.
316.068. Crash report forms.
The department shall prepare and, upon request, supply to police departments,
sheriffs, and other appropriate agencies or individuals forms for crash reports as required
in this chapter, suitable with respect to the persons required to make such reports and the
purposes to be served. The form must call for sufficiently detailed information to
disclose, with reference to a vehicle crash, the cause and conditions then existing and the
persons and vehicles involved. Every crash report form must call for the policy numbers
of liability insurance and the names of carriers covering any vehicle involved in a crash
required to be reported by this chapter.
Every crash report required to be made in writing must be made on the appropriate
form approved by the department and must contain all the information required therein,
including:
The date, time, and location of the crash;
A description of the vehicles involved;
The names and addresses of the parties involved;
The names and addresses of all drivers and passengers in the vehicles involved;
The names and addresses of witnesses;
The name, badge number, and law enforcement agency of the officer investigating
the crash; and
The names of the insurance companies for the respective parties involved in the
crash,
unless not available. The absence of information in such written crash reports
regarding the existence of passengers in the vehicles involved in the crash constitutes a
rebuttable presumption that no such passengers were involved in the reported crash.
Notwithstanding any other provisions of this section, a crash report produced
electronically by a law enforcement officer must, at a minimum, contain the same
information as is called for on those forms approved by the department.
316.070. Exchange of information at scene of crash.
The name of the liability carrier for the vehicle.
316.071. Disabled vehicles obstructing traffic.
Whenever a vehicle is disabled on any street or highway within the state or for any
reason obstructs the regular flow of traffic, the driver shall move the vehicle so as not to
obstruct the regular flow of traffic or, if he or she cannot move the vehicle alone, solicit
help and move the vehicle so as not to obstruct the regular flow of traffic. Any person
failing to comply with the provisions of this section shall be cited for a nonmoving
violation, punishable as provided in chapter 318.
316.072. Obedience to and effect of traffic laws.
degree, punishable as provided in s. 775.082 or s. 775.083, for any person willfully to fail
or refuse to comply with any lawful order or direction of any law enforcement officer,
traffic crash investigation officer as described in s. 316.640, traffic infraction
enforcement officer as described in s. 316.640, or member of the fire department at the
scene of a fire, rescue operation, or other emergency. Notwithstanding the provisions of
this subsection, certified emergency medical technicians or paramedics may respond to
the scene of emergencies and may provide emergency medical treatment on the scene and
provide transport of patients in the performance of their duties for an emergency medical
services provider licensed under chapter 401 and in accordance with any local emergency
medical response protocols.
PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER; EXCEPTIONS.—
The provisions of this chapter applicable to the drivers of vehicles upon the highways
shall apply to the drivers of all vehicles owned or operated by the United States, this
state, or any county, city, town, district, or any other political subdivision of the state,
subject to such specific exceptions as are set forth in this chapter.
Unless specifically made applicable, the provisions of this chapter, except those
contained in ss. 316.192, 316.1925, and 316.193, shall not apply to persons, teams, or
motor vehicles and other equipment while actually engaged in work upon the surface of a
highway, but shall apply to such persons and vehicles when traveling to or from such
work.
AUTHORIZED EMERGENCY VEHICLES.—
1. The driver of an authorized emergency vehicle, when responding to an emergency
call, when in the pursuit of an actual or suspected violator of the law, or when responding
to a fire alarm, but not upon returning from a fire;
A medical staff physician or technician of a medical facility licensed by the state
when responding to an emergency in the line of duty in his or her privately owned
vehicle, using red lights as authorized in s. 316.2398; or
The driver of an authorized law enforcement vehicle, when conducting a
nonemergency escort, to warn the public of an approaching motorcade;
may exercise the privileges set forth in this section, but subject to the conditions
herein stated.
The driver of a vehicle specified in paragraph (a), except when otherwise directed by
a police officer, may:
Park or stand, irrespective of the provisions of this chapter;
Proceed past a red or stop signal or stop sign, but only after slowing down as may be
necessary for safe operation;
Exceed the maximum speed limits so long as the driver does not endanger life or
property;
Disregard regulations governing direction or movement or turning in specified
directions, so long as the driver does not endanger life or property.
The foregoing provisions shall not relieve the driver of a vehicle specified in
paragraph (a) from the duty to drive with due regard for the safety of all persons, nor
shall such provisions
protect the driver from the consequences of his or her reckless disregard for the safety of
others.
316.073. Applicability to animals and animaldrawn vehicles.
Every person driving an animaldrawn vehicle upon a roadway is subject to the
provisions of this chapter applicable to the driver of a vehicle, except those provisions of
this chapter which by their nature can have no application. The provisions of this chapter
applicable to pedestrians, with the exception of s. 316.130(3), apply to any person riding
or leading an animal upon a roadway or the shoulder thereof.
316.074. Obedience to and required traffic control devices.
The driver of any vehicle shall obey the instructions of any official traffic control
device applicable thereto, placed in accordance with the provisions of this chapter, unless
otherwise directed by a police officer, subject to the exceptions granted the driver of an
authorized emergency vehicle in this chapter.
No person shall drive any vehicle from a roadway to another roadway to avoid
obeying the indicated traffic control indicated by such traffic control device.
No provision of this chapter for which official traffic control devices are required
shall be enforced against an alleged violator if at the time and place of the alleged
violation an official device is not in proper position and sufficiently legible to be seen by
an ordinarily observant person. Whenever a particular section does not state that official
traffic control devices are required,
such section shall be effective even though no devices are erected or in place.
Whenever official traffic control devices are placed in position approximately
conforming to the requirements of this chapter, such devices shall be presumed to have
been so placed by the official act or direction of lawful authority unless the contrary shall
be established by competent evidence.
Any official traffic control device placed pursuant to the provisions of this chapter
and purporting to conform to the lawful requirements pertaining to such devices shall be
presumed to comply with the requirements of this chapter unless the contrary shall be
established by competent evidence.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.0741. Highoccupancyvehicle lanes.
(1) As used in this section, the term:
“Highoccupancyvehicle lane” or “HOV lane” means a lane of a public roadway
designated for use by vehicles in which there is more than one occupant unless otherwise
authorized by federal law.
“Hybrid vehicle” means a motor vehicle:
That draws propulsion energy from onboard sources of stored energy which are both
an internal combustion or heat engine using combustible fuel and a rechargeable energy
storage system;
That, in the case of a passenger automobile or light truck, has received a certificate of
conformity under the Clean Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
equivalent qualifying California standards for a lowemission vehicle; and
That, in the case of a trivehicle, is an inherently lowemission vehicle as provided in
subsection (4).
The number of persons who must be in a vehicle to qualify for legal use of the HOV
lane and the hours during which the lane will serve as an HOV lane, if it is not designated
as such on a fulltime basis, must also be indicated on a traffic control device.
Except as provided in subsection (4), a vehicle may not be driven in an HOV lane if
the vehicle is occupied by fewer than the number of occupants indicated by a traffic
control device. A driver who violates this section shall be cited for a moving violation,
punishable as provided in chapter 318.
(a) Notwithstanding any other provision of this section, an inherently lowemission
vehicle (ILEV) that is certified and labeled in accordance with federal regulations may be
driven in an HOV lane at any time, regardless of its occupancy. In addition, upon the
state’s receipt of written notice from the proper federal regulatory agency authorizing
such use, a vehicle defined as a hybrid vehicle under this section may be driven in an
HOV lane at any time, regardless of its occupancy.
All eligible hybrid and all eligible other lowemission and energyefficient vehicles
driven in an HOV lane must comply with the minimum fuel economy standards in 23
U.S.C. s. 166(f)
(3)(B).
Upon issuance of the applicable United States Environmental Protection Agency
final rule pursuant to 23 U.S.C. s. 166(e), relating to the eligibility of hybrid and other
lowemission and energyefficient vehicles for operation in an HOV lane, regardless of
occupancy, the Department of Transportation shall review the rule and recommend to the
Legislature any statutory changes necessary for compliance with the federal rule. The
department shall provide its recommendations no later than 30 days following issuance of
the final rule.
The department shall issue a decal and registration certificate, to be renewed
annually, reflecting the HOV lane designation on vehicles meeting the criteria in
subsection (4) authorizing driving in an HOV lane at any time. The department may
charge a fee for a decal, not to exceed the costs of designing, producing, and distributing
each decal, or $5, whichever is less. The proceeds from sale of the decals shall be
deposited in the Highway Safety Operating Trust Fund. The department may, for reasons
of operation and management of HOV facilities, limit or discontinue issuance of decals
for the use of HOV facilities by hybrid and lowemission and energyefficient vehicles,
regardless of occupancy, if it has been determined by the Department of Transportation
that the facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
Vehicles having decals by virtue of compliance with the minimum fuel economy
standards under 23 U.S.C. s. 166(f)(3) (B), and which are registered for use in high
occupancyvehicle toll lanes or express lanes in accordance with Department of
Transportation rule, shall be allowed to use any HOV lanes redesignated as high
occupancyvehicle toll lanes or express lanes
without requiring payment of a toll.
The department may adopt rules necessary to administer this section.
316.075. Traffic control signal devices.
Vehicular traffic facing a circular green signal may proceed cautiously straight
through or turn right or left unless a sign at such place prohibits either such turn. But
vehicular traffic, including vehicles turning right or left, shall yield the rightofway to
other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk
at the time such signal is exhibited.
Vehicular traffic facing a green arrow signal, shown alone or in combination with
another indication, as directed by the manual, may cautiously enter the intersection only
to make the movement indicated by such arrow, or such other movement as is permitted
by other indications shown at the same time, except the driver of any vehicle may Uturn,
so as to proceed in the opposite direction unless such movement is prohibited by posted
traffic control
signs. Such vehicular traffic shall yield the rightofway to pedestrians lawfully within an
adjacent crosswalk and to other traffic lawfully using the intersection.
Unless otherwise directed by a pedestrian control signal as provided in s. 316.0755,
pedestrians facing any green signal, except when the sole green signal is a turn arrow,
may proceed across the roadway within any marked or unmarked crosswalk.
(b) Steady yellow indication.—
Vehicular traffic facing a steady yellow signal is thereby warned that the related
green movement is being terminated or that a red indication will be exhibited
immediately thereafter when vehicular traffic shall not enter the intersection.
Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian
control signal as provided in s. 316.0755, are thereby advised that there is insufficient
time to cross the roadway before a red indication is shown and no pedestrian shall start to
cross the roadway.
(c) Steady red indication.—
Vehicular traffic facing a steady red signal shall stop before entering the crosswalk
on the near side of the intersection or, if none, then before entering the intersection and
shall remain standing until a green indication is shown; however:
a. The driver of a vehicle which is stopped at a clearly marked stop line, but if none,
before entering the crosswalk on the near side of the intersection, or, if none then at the
point nearest the intersecting roadway where the driver has a view of approaching traffic
on the intersecting roadway before entering the intersection
in obedience to a steady red signal may make a right turn, but shall yield the rightofway
to pedestrians and other traffic proceeding as directed by the signal at the intersection,
except that municipal and county authorities may prohibit any such right turn against a
steady red signal at any intersection, which prohibition shall be effective when a sign
giving notice thereof is erected in a location visible to traffic approaching the
intersection.
b. The driver of a vehicle on a oneway street that intersects another oneway street
on which traffic moves to the left shall stop in obedience to a steady red signal, but may
then make a left turn into the oneway street, but shall yield the rightofway to
pedestrians and other traffic proceeding as directed by the signal at the intersection,
except that municipal and county authorities may prohibit any such left turn as described,
which prohibition shall be effective when a sign giving notice thereof is attached to the
traffic control signal device at the intersection.
a. The driver of a vehicle facing a steady red signal shall stop before entering the
crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a
roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon
the half of the roadway upon which the vehicle is traveling or when the pedestrian is
approaching so closely from the opposite half of the roadway as to be in danger.
b. Unless otherwise directed by a pedestrian control signal as provided in s.
316.0755, pedestrians facing a steady red signal shall not enter the roadway.
In the event an official traffic control signal is erected and maintained at a place other
than an intersection, the provisions of
this section shall be applicable except as to those provisions which by their nature can
have no application. Any stop required shall be made at a sign or marking on the
pavement indicating where the stop shall be made, but in the absence of any such sign or
marking the stop shall be made at the signal.
(a) No traffic control signal device shall be used which does not exhibit a yellow or
“caution” light between the green or “go” signal and the red or “stop” signal.
No traffic control signal device shall display other than the color red at the top of the
vertical signal, nor shall it display other than the color red at the extreme left of the
horizontal signal.
A violation of this section is a noncriminal traffic infraction, punishable pursuant to
chapter 318 as either a pedestrian violation or, if the infraction resulted from the
operation of a vehicle, as a moving violation.
316.076. Flashing signals.
Whenever an illuminated flashing red or yellow signal is used in a traffic sign or
signal it shall require obedience by vehicular traffic as follows:
Flashing red (stop signal).—When a red lens is illuminated with rapid intermittent
flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before
entering the crosswalk on the near side of the intersection, or if none, then at the point
nearest the intersecting roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection, and the right to proceed shall be
subject to the rules applicable after making a stop at a stop sign.
Flashing yellow (caution signal).—When a yellow lens is illuminated with rapid
intermittent flashes, drivers of vehicles may proceed through the intersection or past such
signal only with caution.
This section does not apply at railroadhighway grade crossings. Conduct of drivers
of vehicles approaching such crossings shall be governed by the rules as set forth in ss.
316.1575 and 316.159.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.0765. Lane direction control signals.
When lane direction control signals are placed over the individual lanes of a street or
highway, vehicular traffic may travel in any lane or lanes over which a green signal is
shown, but shall not enter or travel in any lane or lanes over which a red signal is shown.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.077. Display of unauthorized signs, signals or markings.
No person shall place or maintain nor shall any public authority permit upon any
highway any traffic sign or signal bearing thereon any commercial advertising.
This section shall not be deemed to prohibit the erection upon private property
adjacent to highways of signs giving useful directional information and of a type that
cannot be mistaken for official signs.
Every such prohibited sign, signal or marking is declared to be a public nuisance and
the authority having jurisdiction over the highway is empowered to remove the same or
cause it to be removed without notice.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.0775. Interference with official traffic control devices or railroad signs or
signals.
A person may not, without lawful authority, attempt to or in fact alter, deface, injure,
knock down, or remove any official traffic control device or any railroad sign or signal or
any inscription, shield, or insignia thereon, or any other part thereof. A violation of this
subsection is a criminal violation pursuant to s. 318.17 and shall be punishable as set
forth in s. 806.13 related to criminal mischief and graffiti, beginning on or after July 1,
2000.
A person may not, without lawful authority, possess or use any traffic signal
preemption device as defined under s. 316.003. A person who violates this subsection
commits a moving violation, punishable as provided in chapter 318, and shall have 4
points assessed against his or her driver license as set forth in s.
322.27.
316.0777. Automated license plate recognition systems; public records
exemption.
(1) As used in this section, the term:
“Automated license plate recognition system” means a system of one or more mobile
or fixed highspeed cameras combined with computer algorithms to convert images of
license plates into computerreadable data.
“Criminal justice agency” has the same meaning as provided in s. 119.011.
The following information held by an agency is confidential and exempt from s.
119.07(1) and s. 24(a), Art. I of the State Constitution:
Images and data containing or providing personal identifying information obtained
through the use of an automated license plate recognition system.
Personal identifying information of an individual in data generated or resulting from
images obtained through the use of an automated license plate recognition system.
(3) Such information may be disclosed as follows:
Any such information may be disclosed by or to a criminal
justice agency in the performance of the criminal justice agency’s official duties.
Any such information relating to a license plate registered to an individual may be
disclosed to the individual, unless such information constitutes active criminal
intelligence information or active criminal investigative information.
This exemption applies to such information held by an agency before, on, or after the
effective date of this exemption.
This section is subject to the Open Government Sunset Review Act in accordance
with s. 119.15 and shall stand repealed on October 2, 2019, unless reviewed and saved
from repeal through reenactment by the Legislature.
316.0778. Automated license plate recognition systems; records
retention.
As used in this section, the term “automated license plate recognition system” means
a system of one or more mobile or fixed highspeed cameras combined with computer
algorithms to convert images of license plates into computerreadable data.
In consultation with the Department of Law Enforcement, the Department of State
shall establish a retention schedule for records containing images and data generated
through the use of an automated license plate recognition system. The retention schedule
must establish a maximum period that the records may be retained.
316.078. Detour signs to be respected.
It is unlawful to tear down or deface any detour sign or to break down or drive
around any barricade erected for the purpose of closing any section of a public street or
highway to traffic during the construction or repair thereof or to drive over such section
of public street or highway until again thrown open to public traffic. However, such
restriction shall not apply to the person in charge of the construction or repairs.
A violation of this section is a noncriminal traffic infraction, punishable pursuant to
chapter 318 as:
A nonmoving violation for tearing, breaking down, or defacing any detour sign.
A moving violation for driving around any barricade erected for the purpose of
closing any section of a public street or highway to traffic that is under construction or
repair or driving over such section of public street or highway until open to public traffic.
316.079. Duty to yield to highway construction workers.
Every driver of a vehicle shall yield the rightofway to a pedestrian worker and
flagperson engaged in maintenance or construction work on a highway whenever the
driver is reasonably and lawfully notified of the presence of such worker by a flagperson
and a warning sign or device.
Every driver of a vehicle on public roadways shall yield the rightofway to an escort
vehicle or pedestrian flagperson that is engaged in the management of highway
movements of an oversize vehicle permitted pursuant to s. 316.550, provided the driver is
reasonably and lawfully notified of the presence of such
vehicle or flagperson.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.081. Driving on right side of roadway; exceptions.
Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of
the roadway, except as follows:
When overtaking and passing another vehicle proceeding in the same direction under
the rules governing such movement;
When an obstruction exists making it necessary to drive to the left of the center of the
highway; provided any person so doing shall yield the rightofway to all vehicles
traveling in the proper direction upon the unobstructed portion of the highway within
such distance as to constitute an immediate hazard;
Upon a roadway divided into three marked lanes for traffic under the rules applicable
thereon; or
Upon a roadway designated and signposted for oneway traffic.
Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at
the time and place and under the conditions then existing shall be driven in the righthand
lane then available for traffic or as close as practicable to the righthand curb or edge of
the roadway except when overtaking and passing another vehicle proceeding in the same
direction or when preparing for a left turn at an intersection or into a private road or
driveway.
On a road, street, or highway having two or more lanes allowing movement in the
same direction, a driver may not continue to operate a motor vehicle in the furthermost
lefthand lane if the driver knows or reasonably should know that he or she is being
overtaken in that lane from the rear by a motor vehicle traveling at a higher rate of speed.
This subsection does not apply to drivers operating a vehicle that is overtaking another
vehicle proceeding in the same direction, or is preparing for a left turn at an intersection.
Upon any roadway having four or more lanes for moving traffic and providing for
twoway movement of traffic, no vehicle shall be driven to the left of the centerline of the
roadway, except when authorized by official traffic control devices designating certain
lanes to the left side of the center of the roadway for use by traffic not otherwise
permitted to use such lanes, or except as permitted under paragraph (1)(b). However, this
subsection shall not be construed as prohibiting the crossing of the centerline in making a
left turn into or from an alley, private road, or driveway.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.0815. Duty to yield to public transit vehicles.
The driver of a vehicle shall yield the rightofway to a publicly owned transit bus
traveling in the same direction which has signaled and is reentering the traffic flow from
a specifically designated pullout bay.
This section does not relieve the driver of a public transit bus from the duty to drive
with due regard for the safety of all
persons using the roadway.
316.0817. Loading and unloading of bus passengers.
Notwithstanding any other law, a bus may not stop to load or unload passengers in a
manner that impedes, blocks, or otherwise restricts the progression of traffic on the main
traveled portion of a roadway if there is another reasonable means for the bus to stop
parallel to the travel lane and safely load and unload passengers. As used in this section,
the term “reasonable means” means sufficient unobstructed pavement or a designated
turn lane that is sufficient in length to allow the safe loading and unloading of passengers
parallel to the travel lane.
This section does not apply to a school bus.
316.082. Passing vehicles proceeding in opposite directions.
Drivers of vehicles proceeding in opposite directions shall pass each other to the
right.
Upon roadways having width for not more than one line of traffic in each direction,
each driver shall give to the other at least onehalf of the maintraveled portion of the
roadway, as nearly as possible.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.0825. Vehicle approaching an animal.
Every person operating a motor vehicle shall use reasonable care when approaching
or passing a person who is riding or leading an animal upon a roadway or the shoulder
thereof, and
shall not intentionally startle or injure such an animal. A violation of this section is a
noncriminal traffic infraction, punishable as a moving violation as provided in chapter
318.
316.083. Overtaking and passing a vehicle.
The following rules shall govern the overtaking and passing of vehicles proceeding in
the same direction, subject to those limitations, exceptions, and special rules hereinafter
stated:
The driver of a vehicle overtaking another vehicle proceeding in the same direction
shall give an appropriate signal as provided for in s. 316.156, shall pass to the left thereof
at a safe distance, and shall not again drive to the right side of the roadway until safely
clear of the overtaken vehicle. The driver of a vehicle overtaking a bicycle or other
nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe
distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized
vehicle.
Except when overtaking and passing on the right is permitted, the driver of an
overtaken vehicle shall give way to the right in favor of the overtaking vehicle, on
audible signal or upon the visible blinking of the headlamps of the overtaking vehicle if
such overtaking is being attempted at nighttime, and shall not increase the speed of his or
her vehicle until completely passed by the overtaking vehicle.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.084. When overtaking on the right is permitted.
The driver of a vehicle may overtake and pass on the right of another vehicle only
under the following conditions:
When the vehicle overtaken is making or about to make a left turn;
Upon a street or highway with unobstructed pavement not occupied by parked
vehicles of sufficient width for two or more lines of moving traffic in each direction;
Upon a oneway street, or upon any roadway on which traffic is restricted to one
direction of movement, where the roadway is free from obstructions and of sufficient
width for two or more lines of moving vehicles.
The driver of a vehicle may overtake and pass another vehicle on the right only under
conditions permitting such movement in safety. In no event shall such movement be
made by driving off the pavement or maintraveled portion of the roadway.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.085. Limitations on overtaking, passing, changing lanes and changing
course.
No vehicle shall be driven to the left side of the center of the roadway in overtaking
and passing another vehicle proceeding in the same direction unless authorized by the
provisions of this chapter and unless such left side is clearly visible and is free of
oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to
be completely made without interfering with the operation of any vehicle approaching
from the opposite
direction of any vehicle overtaken. In every event the overtaking vehicle must return to
an authorized lane of travel as soon as practicable and, in the event the passing movement
involves the use of a lane authorized for vehicles approaching from the opposite
direction, before coming within 200 feet of any approaching vehicle.
No vehicle shall be driven from a direct course in any lane on any highway until the
driver has determined that the vehicle is not being approached or passed by any other
vehicle in the lane or on the side to which the driver desires to move and that the move
can be completely made with safety and without interfering with the safe operation of any
vehicle approaching from the same direction.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.087. Further limitations on driving to left of center of roadway.
No vehicle shall at any time be driven to the left side of the roadway under the
following conditions:
When approaching or upon the crest of a grade where the driver’s view is obstructed
within such distance as to create a hazard in the event another vehicle might approach
from the opposite direction;
Upon a curve in the highway where the driver’s view is obstructed within such
distance as to create a hazard in the event another vehicle might approach from the
opposite direction;
When approaching within 100 feet of or traversing any intersection, except that this
section shall not apply to any intersection on a statemaintained or countymaintained
highway located outside city limits unless such intersection is marked by an official
Department of Transportation or county road department traffic control device indicating
an intersection either by symbol or by words and such marking is placed at least 100 feet
before the intersection;
When approaching within 100 feet of or traversing any railroad grade crossing;
When the view is obstructed upon approaching within 100 feet of any bridge,
viaduct, or tunnel.
The foregoing limitations shall not apply upon a oneway roadway, nor when an
obstruction exists making it necessary to drive to the left of the center of the highway, nor
to the driver of a vehicle turning left into or from an alley, private road or driveway.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.0875. Nopassing zones.
The Department of Transportation and local authorities are authorized to determine
those portions of any highway under their respective jurisdiction where overtaking and
passing or driving to the left of the roadway would be especially hazardous and may, by
appropriate signs or markings on the roadway, indicate the beginning and end of such
zones, and when such signs or markings are in place and clearly visible to an ordinarily
observant person, every driver of a vehicle shall obey the directions thereof.
Where signs or markings are in place to define a nopassing zone as set forth in
subsection (1), no driver shall at any time drive on the left side of the roadway with such
nopassing zone or on the left side of any pavement striping designed to mark such no
passing zone throughout its length.
This section does not apply when an obstruction exists making it necessary to drive
to the left of the center of the highway, nor to the driver of a vehicle turning left into or
from an alley, private road or driveway.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.088. Oneway roadways and rotary traffic islands.
The Department of Transportation and local authorities, with respect to highways
under their respective jurisdictions, may designate any highway, roadway, part of a
roadway, or specific lanes upon which vehicular traffic shall proceed in one direction at
such times as shall be indicated by official traffic control devices.
Upon a roadway so designated for oneway traffic, a vehicle shall be driven only in
the direction designated at such times as shall be indicated by official traffic control
devices.
A vehicle passing around a rotary traffic island shall be driven only to the right of
such island.
A violation of this section is a noncriminal traffic infraction,
punishable as a moving violation as provided in chapter 318.
316.089. Driving on roadways laned for traffic.
Whenever any roadway has been divided into two or more clearly marked lanes for
traffic, the following rules, in addition to all others consistent herewith, shall apply:
A vehicle shall be driven as nearly as practicable entirely within a single lane and
shall not be moved from such lane until the driver has first ascertained that such
movement can be made with safety.
Upon a roadway which is divided into three lanes and provides for twoway
movement of traffic, a vehicle shall not be driven in the center lane except when
overtaking and passing another vehicle traveling in the same direction when such center
lane is clear of traffic within a safe distance, when in preparation for making a left turn,
or where such center lane is at the time allocated exclusively to traffic moving in the
same direction that the vehicle is proceeding and such allocation is designated by official
traffic control devices.
Official traffic control devices may be erected directing specified traffic to use a
designated lane or designating those lanes to be used by traffic moving in a particular
direction regardless of the center of the roadway; and drivers of vehicles shall obey the
directions of every such device.
Official traffic control devices may be installed prohibiting the changing of lanes on
sections of roadway, and drivers of vehicles shall obey the directions of every such
device.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.0895. Following too closely.
The driver of a motor vehicle shall not follow another vehicle more closely than is
reasonable and prudent, having due regard for the speed of such vehicles and the traffic
upon, and the condition of, the highway.
It is unlawful for the driver of any motor truck, motor truck drawing another vehicle,
or vehicle towing another vehicle or trailer, when traveling upon a roadway outside of a
business or residence district, to follow within 300 feet of another motor truck, motor
truck drawing another vehicle, or vehicle towing another vehicle or trailer. The
provisions of this subsection shall not be construed to prevent overtaking and passing nor
shall the same apply upon any lane specially designated for use by motor trucks or other
slowmoving vehicles.
Motor vehicles being driven upon any roadway outside of a business or residence
district in a caravan or motorcade, whether or not towing other vehicles, shall be so
operated as to allow sufficient space between each such vehicle or combination of
vehicles as to enable any other vehicle to enter and occupy such space without danger.
This provision shall not apply to funeral processions.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.090. Driving on divided highways.
Whenever any highway has been divided into two or more roadways by leaving an
intervening space or by a physical barrier or clearly indicated dividing section so
constructed as to impede vehicular traffic, every vehicle shall be driven only upon the
righthand roadway unless directed or permitted to use another roadway by official traffic
control devices or police officers.
No vehicle shall be driven over, across, or within any such dividing space, barrier, or
section, except through an opening in such physical barrier or dividing section or space or
at a crossover or intersection as established, unless specifically authorized by public
authority.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.091. Limited access facilities; interstate highways; use restricted.
No person shall drive a vehicle onto or from any limited access roadway except at
such entrances and exits as are established by public authority.
Except as provided herein, no person shall operate upon a limited access facility any
bicycle, motordriven cycle, animaldrawn vehicle, or any other vehicle which by its
design or condition is incompatible with the safe and expedient movement of traffic.
No person shall ride any animal upon any portion of a limited access facility.
No person shall operate a bicycle or other humanpowered
vehicle on the roadway or along the shoulder of a limited access highway, including
bridges, unless official signs and a designated, marked bicycle lane are present at the
entrance of the section of highway indicating that such use is permitted pursuant to a pilot
program of the Department of Transportation.
The Department of Transportation and expressway authorities are authorized to
designate use of shoulders of limited access facilities and interstate highways under their
jurisdiction for such vehicular traffic determined to improve safety, reliability, and
transportation system efficiency. Appropriate traffic signs or dynamic lane control signals
shall be erected along those portions of the facility affected to give notice to the public of
the action to be taken, clearly indicating when the shoulder is open to designated
vehicular traffic. This section may not be deemed to authorize such designation in
violation of any federal law or any covenant established in a resolution or trust indenture
relating to the issuance of turnpike bonds, expressway authority bonds, or other bonds.
The Department of Transportation shall establish a 2year pilot program, in three
separate urban areas, in which it shall erect signs and designate marked bicycle lanes
indicating highway approaches and bridge segments of limited access highways as open
to use by operators of bicycles and other humanpowered vehicles, under the following
conditions:
The limited access highway approaches and bridge segments chosen must cross a
river, lake, bay, inlet, or surface water where no street or highway crossing the water
body is available for use within 2 miles of the entrance to the limited access facility
measured along the shortest public rightofway.
The Department of Transportation, with the concurrence of the Federal Highway
Administration on the interstate facilities, shall establish the three highway approaches and
bridge segments for the pilot project by October 1, 2012. In selecting the highway approaches
and bridge segments, the Department of Transportation shall consider, without limitation, a
minimum size of population in the urban area within 5 miles of the highway approach and
bridge segment, the lack of bicycle access by other means, cost, safety, and operational
impacts.
The Department of Transportation shall begin the pilot program by erecting signs and
designating marked bicycle lanes indicating highway approaches and bridge segments of
limited access highways, as qualified by the conditions described in this subsection, as open
to use by operators of bicycles and other humanpowered vehicles no later than March 1,
2013.
The Department of Transportation shall conduct the pilot program for a minimum of 2
years following the implementation date.
The Department of Transportation shall submit a report of its findings and
recommendations from the pilot program to the Governor, the President of the Senate, and the
Speaker of the House of Representatives by September 1, 2015. The report shall include, at a
minimum, bicycle crash data occurring in the designated segments of the pilot program,
usage by operators of bicycles and other humanpowered vehicles, enforcement issues,
operational impacts, and the cost of the pilot program.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.1001. Payment of toll on toll facilities required; penalties.
A person may not use any toll facility without payment of tolls, except as provided in
s. 338.155. Failure to pay a prescribed toll is a noncriminal traffic infraction, punishable
as a moving violation under chapter 318.
(a) For the purpose of enforcing this section, any governmental entity, as defined in s.
334.03, that owns or operates a toll facility may, by rule or ordinance, authorize a toll
enforcement officer to issue a uniform traffic citation for a violation of this section. Toll
enforcement officer means the designee of a governmental entity whose authority is to
enforce the payment of tolls. The governmental entity may designate toll enforcement
officers pursuant to s. 316.640(1).
A citation issued under this subsection may be issued by mailing the citation by first
class mail or by certified mail to the address of the registered owner of the motor vehicle
involved in the violation. Mailing the citation to such address constitutes notification. In
the case of joint ownership of a motor vehicle, the traffic citation must be mailed to the
first name appearing on the registration, unless the first name appearing on the
registration is a business organization, in which case the second name appearing on the
registration may be used. A citation issued under this paragraph must be mailed to the
registered owner of the motor vehicle involved in the violation within 14 days after the
date of issuance of the citation. In addition to the citation, notification must be sent to the
registered owner of the motor vehicle involved in the violation specifying remedies
available under ss. 318.14(12) and 318.18(7).
The owner of the motor vehicle involved in the violation is responsible and liable for
payment of a citation issued for failure to pay a toll, unless the owner can establish the
motor vehicle was, at the time of the violation, in the care, custody, or control of another
person. In order to establish such facts, the owner of the motor vehicle is required, within
14 days after the date of issuance of the citation, to furnish to the appropriate
governmental entity an affidavit setting forth:
The name, address, date of birth, and, if known, the driver license number of the
person who leased, rented, or otherwise had the care, custody, or control of the motor
vehicle at the time of the alleged violation; or
If stolen, the police report indicating that the vehicle was stolen at the time of the
alleged violation.
Upon receipt of an affidavit the person designated as having care, custody, and
control of the motor vehicle at the time of the violation may be issued a citation for
failure to pay a required toll. The affidavit shall be admissible in a proceeding pursuant to
this section for the purpose of providing that the person identified in the affidavit was in
actual care, custody, or control of the motor vehicle. The owner of a leased vehicle for
which a citation is issued for failure to pay a toll is not responsible for payment of the
citation and is not required to submit an affidavit as specified in this subsection if the
motor vehicle involved in the violation is registered in the name of the lessee of such
motor vehicle.
A written report of a toll enforcement officer to photographic evidence that a
required toll was not paid is admissible in any proceeding to enforce this section and
raises a
rebuttable presumption that the motor vehicle named in the report or shown in the
photographic evidence was used in violation of this section.
The submission of a false affidavit is a misdemeanor of the second degree.
Any governmental entity, including, without limitation, a clerk of court, may provide
the department with data that is machine readable by the department’s computer system,
listing persons who have one or more outstanding violations of this section, with
reference to the person’s driver license number or vehicle registration number in the case
of a business entity. Pursuant to s. 320.03(8), those persons may not be issued a license
plate or revalidation sticker for any motor vehicle.
Subsections (2)(4) supplement the enforcement of this section by law enforcement
officers, and this section does not prohibit a law enforcement officer from issuing a
citation for a violation of this section in accordance with normal traffic enforcement
techniques.
316.121. Vehicles approaching or entering intersections.
The driver of a vehicle approaching an intersection shall yield the rightofway to a
vehicle which has entered the intersection from a different highway.
When two vehicles enter an intersection from different highways at the same time the
driver of the vehicle on the left shall yield the rightofway to the vehicle on the right.
The driver of a vehicle about to enter or cross a state
maintained road or highway from a paved or unpaved road and not subject to control by
an official traffic control device shall yield the rightofway to all vehicles approaching
on the statemaintained road or highway.
The driver of a vehicle about to enter or cross a paved countymaintained or city
maintained road or highway from an unpaved road or highway and not subject to control
by an official traffic control device shall yield the rightofway to all vehicles
approaching on said paved road or highway.
The foregoing rules are modified at through highways and otherwise, as hereinafter
stated.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.122. Vehicle turning left.
The driver of a vehicle intending to turn to the left within an intersection or into an
alley, private road, or driveway shall yield the rightofway to any vehicle approaching
from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle,
which is within the intersection or so close thereto as to constitute an immediate hazard.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.123. Vehicle entering stop or yield intersection.
The rightofway at an intersection may be indicated by stop signs or yield signs as
authorized in s. 316.006.
(a) Except when directed to proceed by a police officer or traffic control signal, every
driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a
clearly marked stop line, but if none, before entering the crosswalk on the near side of the
intersection or, if none, then at the point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting roadway before entering the
intersection. After having stopped, the driver shall yield the rightofway to any vehicle
which has entered the intersection from another highway or which is approaching so
closely on said highway as to constitute an immediate hazard during the time when the
driver is moving across or within the intersection.
At a fourway stop intersection, the driver of the first vehicle to stop at the
intersection shall be the first to proceed. If two or more vehicles reach the fourway stop
intersection at the same time, the driver of the vehicle on the left shall yield the rightof
way to the vehicle on the right.
The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow
down to a speed reasonable for the existing conditions and, if required for safety to stop,
shall stop before entering the crosswalk on the near side of the intersection, or, if none,
then at the point nearest the intersecting roadway where the driver has a view of
approaching traffic on the intersecting roadway. After slowing or stopping, the driver
shall yield the rightofway to any vehicle in the intersection or approaching on another
highway so closely as to constitute an immediate hazard during the time the driver is
moving across or within the intersection. If such a driver is involved in a collision with a
pedestrian in a crosswalk or a vehicle in the intersection,
after driving past a yield sign without stopping, the collision shall be deemed prima facie
evidence of the driver’s failure to yield the rightofway.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.1235. Vehicle approaching intersection in which traffic lights are
inoperative.
The driver of a vehicle approaching an intersection in which the traffic lights are
inoperative shall stop in the manner indicated in s. 316.123(2) for approaching a stop
intersection. In the event that only some of the traffic lights within an intersection are
inoperative, the driver of a vehicle approaching an inoperative light shall stop in the
aboveprescribed manner. A violation of this section is a noncriminal traffic infraction,
punishable as a moving violation as provided in chapter 318.
316.125. Vehicle entering highway from private road or driveway or
emerging from alley, driveway or building.
The driver of a vehicle about to enter or cross a highway from an alley, building,
private road or driveway shall yield the rightofway to all vehicles approaching on the
highway to be entered which are so close thereto as to constitute an immediate hazard.
The driver of a vehicle emerging from an alley, building, private road or driveway
within a business or residence district shall stop the vehicle immediately prior to driving
onto a sidewalk or onto the sidewalk area extending across the alley, building
entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the
point nearest the street to be entered where the driver has a view of approaching traffic
thereon and shall yield to all vehicles and pedestrians which are so close thereto as to
constitute an immediate hazard.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.126. Operation of vehicles and actions of pedestrians on approach of an
authorized emergency, sanitation, or utility service vehicle.
(a) Upon the immediate approach of an authorized emergency vehicle, while en route
to meet an existing emergency, the driver of every other vehicle shall, when such
emergency vehicle is giving audible signals by siren, exhaust whistle, or other adequate
device, or visible signals by the use of displayed blue or red lights, yield the rightofway
to the emergency vehicle and shall immediately proceed to a position parallel to, and as
close as reasonable to the closest edge of the curb of the roadway, clear of any
intersection and shall stop and remain in position until the authorized emergency vehicle
has passed, unless otherwise directed by a law enforcement officer.
If an authorized emergency vehicle displaying any visual signals is parked on the
roadside, a sanitation vehicle is performing a task related to the provision of sanitation
services on the roadside, a utility service vehicle is performing a task related to the
provision of utility services on the roadside, or a wrecker displaying amber rotating or
flashing lights is performing a recovery or loading on the roadside, the driver of every
other
vehicle, as soon as it is safe:
Shall vacate the lane closest to the emergency vehicle, sanitation vehicle, utility
service vehicle, or wrecker when driving on an interstate highway or other highway with
two or more lanes traveling in the direction of the emergency vehicle, sanitation vehicle,
utility service vehicle, or wrecker, except when otherwise directed by a law enforcement
officer. If such movement cannot be safely accomplished, the driver shall reduce speed as
provided in subparagraph 2.
Shall slow to a speed that is 20 miles per hour less than the posted speed limit when
the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when
the posted speed limit is 20 miles per hour or less, when driving on a twolane road,
except when otherwise directed by a law enforcement officer.
The Department of Highway Safety and Motor Vehicles shall provide an educational
awareness campaign informing the motoring public about the Move Over Act. The
department shall provide information about the Move Over Act in all newly printed
driver license educational materials.
Every pedestrian using the road rightofway shall yield the rightofway until the
authorized emergency vehicle has passed, unless otherwise directed by a law enforcement
officer.
An authorized emergency vehicle, when en route to meet an existing emergency,
shall warn all other vehicular traffic along the emergency route by an audible signal,
siren, exhaust whistle, or other adequate device or by a visible signal by the use of
displayed blue or red lights. While en route to such emergency,
the emergency vehicle shall otherwise proceed in a manner consistent with the laws
regulating vehicular traffic upon the highways of this state.
This section does not diminish or enlarge any rules of evidence or liability in any
case involving the operation of an emergency vehicle.
This section does not relieve the driver of an authorized emergency vehicle from the
duty to drive with due regard for the safety of all persons using the highway.
A violation of this section is a noncriminal traffic infraction, punishable pursuant to
chapter 318 as either a moving violation for infractions of subsection (1) or subsection
(3), or as a pedestrian violation for infractions of subsection (2).
316.130. Pedestrians; traffic regulations.
A pedestrian shall obey the instructions of any official traffic control device
specifically applicable to the pedestrian unless otherwise directed by a police officer.
Pedestrians shall be subject to traffic control signals at intersections as provided in s.
316.075, but at all other places pedestrians shall be accorded the privileges and be subject
to the restrictions stated in this chapter.
Where sidewalks are provided, no pedestrian shall, unless required by other
circumstances, walk along and upon the portion of a roadway paved for vehicular traffic.
Where sidewalks are not provided, any pedestrian walking along and upon a highway
shall, when practicable, walk only on
the shoulder on the left side of the roadway in relation to the pedestrian’s direction of
travel, facing traffic which may approach from the opposite direction.
No person shall stand in the portion of a roadway paved for vehicular traffic for the
purpose of soliciting a ride, employment, or business from the occupant of any vehicle.
No person shall stand on or in proximity to a street or highway for the purpose of
soliciting the watching or guarding of any vehicle while parked or about to be parked on
a street or highway.
(a) The driver of a vehicle at an intersection that has a traffic control signal in place
shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a
permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into
the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or
when the pedestrian is approaching so closely from the opposite half of the roadway as to
be in danger.
The driver of a vehicle at any crosswalk where signage so indicates shall stop and
remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the
crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the
vehicle is traveling or when the pedestrian is approaching so closely from the opposite
half of the roadway as to be in danger.
When traffic control signals are not in place or in operation and there is no signage
indicating otherwise, the driver of a vehicle shall yield the rightofway, slowing down or
stopping if need be to so yield, to a pedestrian crossing the roadway within a
crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is
traveling or when the pedestrian is approaching so closely from the opposite half of the
roadway as to be in danger. Any pedestrian crossing a roadway at a point where a
pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right
ofway to all vehicles upon the roadway.
No pedestrian shall suddenly leave a curb or other place of safety and walk or run
into the path of a vehicle which is so close that it is impossible for the driver to yield.
Whenever any vehicle is stopped at a marked crosswalk or at any unmarked
crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any
other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.
Every pedestrian crossing a roadway at any point other than within a marked
crosswalk or within an unmarked crosswalk at an intersection shall yield the rightofway
to all vehicles upon the roadway.
Between adjacent intersections at which traffic control signals are in operation,
pedestrians shall not cross at any place except in a marked crosswalk.
No pedestrian shall, except in a marked crosswalk, cross a roadway at any other place
than by a route at right angles to the curb or by the shortest route to the opposite curb.
Pedestrians shall move, whenever practicable, upon the right half of crosswalks.
No pedestrian shall cross a roadway intersection diagonally unless authorized by
official traffic control devices, and, when authorized to cross diagonally, pedestrians shall
cross only in accordance with the official traffic control devices pertaining to such
crossing movements.
Notwithstanding other provisions of this chapter, every driver of a vehicle shall
exercise due care to avoid colliding with any pedestrian or any person propelling a
humanpowered vehicle and give warning when necessary and exercise proper precaution
upon observing any child or any obviously confused or incapacitated person.
No pedestrian shall enter or remain upon any bridge or approach thereto beyond the
bridge signal, gate, or barrier after a bridge operation signal indication has been given.
No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a
railroad grade crossing or bridge while such gate or barrier is closed or is being opened or
closed.
No pedestrian may jump or dive from a publicly owned bridge. Nothing in this
provision requires the state or any political subdivision of the state to post signs notifying
the public of this provision. The failure to post a sign may not be construed by any court
to create liability on the part of the state or any of its political subdivisions for injuries
sustained as a result of jumping or diving from a bridge in violation of this subsection.
No pedestrian shall walk upon a limited access facility or a ramp connecting a limited
access facility to any other street or highway; however, this subsection does not apply to
maintenance personnel of any governmental subdivision.
A violation of this section is a noncriminal traffic infraction, punishable pursuant to
chapter 318 as either a pedestrian violation or, if the infraction resulted from the operation of
a vehicle, as a moving violation.
316.1301. Traffic regulations to assist blind persons.
It is unlawful for any person, unless totally or partially blind or otherwise incapacitated,
while on any public street or highway, to carry in a raised or extended position a cane or
walking stick which is white in color or white tipped with red. A person who is convicted of a
violation of this subsection is guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
Whenever a pedestrian is crossing, or attempting to cross, a public street or highway,
guided by a dog guide or carrying in a raised or extended position a cane or walking stick
which is white in color or white tipped with red, the driver of every vehicle approaching the
intersection or place where the pedestrian is attempting to cross shall bring his or her vehicle
to a full stop before arriving at such intersection or place of crossing and, before proceeding,
shall take such precautions as may be necessary to avoid injuring such pedestrian. A person
who is convicted of a violation of this subsection is guilty of a moving violation punishable as
provided in chapter 318.
Nothing contained in this section shall be construed to deprive any totally or partially
blind or otherwise incapacitated person not carrying such a cane or walking stick, or not
being guided by a dog, of the rights and privileges conferred by law upon pedestrians
crossing streets or highways. The failure of any
such person to carry a cane or walking stick or to be guided by a dog shall not be
considered comparative negligence, nor shall such failure be admissible as evidence in
the trial of any civil action with regard to negligence.
316.1303. Traffic regulations to assist mobilityimpaired persons.
Whenever a pedestrian who is mobility impaired is in the process of crossing a public
street or highway with the assistance of a guide dog or service animal designated as such
with a visible means of identification, a walker, a crutch, an orthopedic cane, or a
wheelchair, the driver of a vehicle approaching the intersection shall bring his or her
vehicle to a full stop before arriving at the intersection and, before proceeding, shall take
precautions necessary to avoid injuring the pedestrian.
A person who is mobility impaired and who is using a motorized wheelchair on a
sidewalk may temporarily leave the sidewalk and use the roadway to avoid a potential
conflict, if no alternative route exists. A law enforcement officer may issue only a verbal
warning to such person.
A person who is convicted of a violation of subsection (1) shall be punished as
provided in s. 318.18(3).
316.1305. Fishing from state road bridges.
The Department of Transportation is authorized to investigate and determine whether
it is detrimental to traffic safety or dangerous to human life for any person to fish from a
state road bridge. When the Department of Transportation, after
due investigation, determines that it is dangerous for persons to fish from such a bridge, it
shall post appropriate signs on the bridge stating that fishing from the bridge is
prohibited.
Fishing from a bridge upon which the Department of Transportation has posted signs
as provided in subsection (1) is a noncriminal traffic infraction, punishable as a
pedestrian violation as provided in chapter 318.
This section is cumulative and is not intended to repeal any special law making it
unlawful to fish from any bridge.
316.1355. Driving through safety zone prohibited.
No vehicle shall at any time be driven through or within a safety zone. A violation of
this section is a noncriminal traffic infraction, punishable as a moving violation as
provided in chapter 318.
316.151. Required position and method of turning at intersections.
The driver of a vehicle intending to turn at an intersection shall do so as follows:
Right turn.—Both the approach for a right turn and a right turn shall be made as close
as practicable to the righthand curb or edge of the roadway.
Left turn.—The driver of a vehicle intending to turn left at any intersection shall
approach the intersection in the extreme lefthand lane lawfully available to traffic
moving in the direction of travel of such vehicle, and, after entering the intersection, the
left turn shall be made so as to leave the intersection in a lane lawfully available to traffic
moving in such direction upon the roadway being entered. A person riding a bicycle and
intending to turn left in accordance with this section is entitled to the full use of the lane
from which the turn may legally be made. Whenever practicable the left turn shall be
made in that portion of the intersection to the left of the center of the intersection.
Left turn by bicycle.—In addition to the method of making a left turn described in
paragraph (b), a person riding a bicycle and intending to turn left has the option of
following the course described hereafter: The rider shall approach the turn as close as
practicable to the right curb or edge of the roadway; after proceeding across the
intersecting roadway, the turn shall be made as close as practicable to the curb or edge of
the roadway on the far side of the intersection; and, before proceeding, the bicyclist shall
comply with any official traffic control device or police officer regulating traffic on the
highway along which the bicyclist intends to proceed.
The state, county, and local authorities in their respective jurisdictions may cause
official traffic control devices to be placed within or adjacent to intersections and thereby
require and direct that a different course from that specified in this section be traveled by
vehicles turning at an intersection. When such devices are so placed, no driver of a
vehicle may turn a vehicle at an intersection other than as directed and required by such
devices.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.1515. Limitations on turning around.
The driver of any vehicle shall not turn the vehicle so as to proceed in the opposite
direction upon any street unless such movement can be made in safety and without
interfering with other traffic and unless such movement is not prohibited by posted traffic
control signs. A violation of this section is a noncriminal traffic infraction, punishable as
a moving violation as provided in chapter 318.
316.152. Turning on curve or crest of grade prohibited.
No vehicle shall be turned so as to proceed in the opposite direction upon any curve,
or upon the approach to, or near, the crest of a grade, where such vehicle cannot be seen
by the driver of any other vehicle approaching from either direction within 500 feet. A
violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.154. Starting parked vehicle.
No person shall start a vehicle which is stopped, standing, or parked, unless and until
such movement can be made with reasonable safety. A violation of this section is a
noncriminal traffic infraction, punishable as a moving violation as provided in chapter
318.
316.155. When signal required.
No person may turn a vehicle from a direct course or move right or left upon a
highway unless and until such movement can be made with reasonable safety, and then
only after giving an appropriate signal in the manner hereinafter provided, in the event
any other vehicle may be affected by the movement.
A signal of intention to turn right or left must be given continuously during not less
than the last 100 feet traveled by the vehicle before turning, except that such a signal by
hand or arm need not be given continuously by a bicyclist if the hand is needed in the
control or operation of the bicycle.
No person may stop or suddenly decrease the speed of a vehicle without first giving
an appropriate signal in the manner provided herein to the driver of any vehicle
immediately to the rear, when there is opportunity to give such signal.
The signals provided for in s. 316.156 shall be used to indicate an intention to turn, to
overtake, or to pass a vehicle and may not, except as provided in s. 316.2397, be flashed
on one side only on a parked or disabled vehicle or flashed as a courtesy or “do pass”
signal to operators of other vehicles approaching from the rear.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.156. Signals by hand and arm or signal lamps.
Any stop or turn signal when required herein shall be given either by means of the
hand and arm or by signal lamps, except as otherwise provided in subsection (2).
Any motor vehicle in use on a highway shall be equipped with, and required signal
shall be given by, signal lamps when the distance from the center of the top of the
steering post to the left outside limit of the body, cab or load of such motor vehicle
exceeds 24 inches, or when the distance from the center of the top of the steering post to
the rear limit of the body or load thereof
exceeds 14 feet. The latter measurement shall apply to any single vehicle and also to any
combination of vehicles.
A violation of this section is a noncriminal traffic infraction, punishable pursuant to
chapter 318 as either a moving violation for infractions of subsection (1) or as a
nonmoving violation for infractions of subsection (2).
316.157. Method of giving hand and arm signals.
All signals herein required to be given by hand and arm shall be given from the left
side of the vehicle in the following manner and such signals shall indicate as follows:
Left turn.—Hand and arm extended horizontally.
Right turn.—Hand and arm extended upward, except that a bicyclist may extend the
right hand and arm horizontally to the right side of the bicycle.
Stop or decrease speed.—Hand and arm extended downward.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.1575. Obedience to traffic control devices at railroad highway grade
crossings.
Any person walking or driving a vehicle and approaching a railroadhighway grade
crossing under any of the circumstances stated in this section shall stop within 50 feet but
not less than 15 feet from the nearest rail of such railroad and shall not proceed until he or
she can do so safely. The foregoing requirements apply
when:
A clearly visible electric or mechanical signal device gives warning of the immediate
approach of a railroad train;
A crossing gate is lowered or a law enforcement officer or a human flagger gives or
continues to give a signal of the approach or passage of a railroad train;
An approaching railroad train emits an audible signal or the railroad train, by reason
of its speed or nearness to the crossing, is an immediate hazard; or
An approaching railroad train is plainly visible and is in hazardous proximity to the
railroadhighway grade crossing, regardless of the type of traffic control devices installed
at the crossing.
No person shall drive any vehicle through, around, or under any crossing gate or
barrier at a railroadhighway grade crossing while the gate or barrier is closed or is being
opened or closed.
A violation of this section is a noncriminal traffic infraction, punishable pursuant to
chapter 318 as either a pedestrian violation or, if the infraction resulted from the
operation of a vehicle, as a moving violation.
316.1576. Insufficient clearance at a railroadhighway grade crossing.
A person may not drive any vehicle through a railroadhighway grade crossing that
does not have sufficient space to drive completely through the crossing without stopping.
A person may not drive any vehicle through a railroadhighway grade crossing that
does not have sufficient undercarriage clearance to drive completely through the crossing
without stopping.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.159. Certain vehicles to stop or slow at all railroad grade crossings.
The driver of any motor vehicle carrying passengers for hire, excluding taxicabs, of
any school bus carrying any school child, or of any vehicle carrying explosive substances
or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or
tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from
the nearest rail of the railroad and, while so stopped, shall listen and look in both
directions along the track for any approaching train, and for signals indicating the
approach of a train, except as hereinafter provided, and shall not proceed until he or she
can do so safely. After stopping as required herein and upon proceeding when it is safe to
do so, the driver of any such vehicle shall cross only in a gear of the vehicle so that there
will be no necessity for changing gears while traversing the crossing, and the driver shall
not shift gears while crossing the track or tracks.
No stop need be made at any such crossing where a police officer, a traffic control
signal, or a sign directs traffic to proceed. However, any school bus carrying any school
child shall be required to stop unless directed to proceed by a police officer.
The driver of any commercial motor vehicle that is not required to stop under
subsection (1) or subsection (2) shall slow the motor vehicle before crossing the tracks of
any railroad grade crossing and check that the tracks are clear of an approaching train.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.170. Moving heavy equipment at railroad grade crossings.
No person shall operate or move any crawlertype tractor, steam shovel, derrick, or
roller, or any equipment or structure having a normal operating speed of 10 or less miles
per hour or a vertical body or load clearance of less than ½ inch per foot of the distance
between any two adjacent axles or in any event of less than 9 inches, measured above the
level surface of a roadway, upon or across any tracks at a railroad grade crossing without
first complying with this section.
Notice of any such intended crossing shall be given to a station agent or other proper
authority of the railroad, and a reasonable time shall be given to the railroad to provide
proper protection at the crossing.
Before making any such crossing the person operating or moving any such vehicle or
equipment shall first stop the same not less than 15 feet nor more than 50 feet from the
nearest rail of the railroad and while so stopped shall listen and look in both directions
along the track for any approaching train and for signals indicating the approach of a
train, and shall not proceed until the crossing can be made safely.
No such crossing shall be made when warning is being given by automatic signal or
crossing gates or a flagger or otherwise of the immediate approach of a railroad train or
car. If a flagger is provided by the railroad, movement over the crossing shall be under
his or her direction.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.171. Traffic control devices at railroadhighway grade crossings.
Every railroad company operating or leasing any track intersecting a public road at
grade and upon which railroad trains are operated shall erect traffic control devices that
are necessary to conform with the requirements of the uniform system of traffic control
devices adopted pursuant to s. 316.0745. This section does not require the railroad
company to erect those devices, such as pavement markings and advance warning signs,
which are the responsibility of the governmental entity having jurisdiction over or
maintenance responsibility for the public road. Any change in the design of a traffic
control device in the uniform system of traffic control devices applies only at new
installations and at locations where replacements of existing devices are being made.
316.172. Traffic to stop for school bus.
(a) Any person using, operating, or driving a vehicle on or over the roads or
highways of this state shall, upon approaching any school bus which displays a stop
signal, bring such vehicle to a full stop while the bus is stopped, and the vehicle shall not
pass the school bus until the signal has been withdrawn. A person who violates this
section commits a moving violation, punishable as provided in chapter 318.
Any person using, operating, or driving a vehicle that passes a school bus on the side
that children enter and exit when the school bus displays a stop signal commits a moving
violation, punishable as provided in chapter 318, and is subject to a mandatory hearing
under the provisions of s. 318.19.
The driver of a vehicle upon a divided highway with an unpaved space of at least 5 feet, a
raised median, or a physical barrier is not required to stop when traveling in the opposite
direction of a school bus which is stopped in accordance with the provisions of this section.
Every school bus shall stop as far to the right of the street as possible and shall display
warning lights and stop signals as required by rules of the State Board of Education before
discharging or loading passengers. When possible, a school bus shall not stop where the
visibility is obscured for a distance of 200 feet either way from the bus.
316.183. Unlawful speed.
No person shall drive a vehicle on a highway at a speed greater than is reasonable and
prudent under the conditions and having regard to the actual and potential hazards then
existing. In every event, speed shall be controlled as may be necessary to avoid colliding with
any person, vehicle, or other conveyance or object on or entering the highway in compliance
with legal requirements and the duty of all persons to use due care.
On all streets or highways, the maximum speed limits for all vehicles must be 30 miles
per hour in business or residence districts, and 55 miles per hour at any time at all other
locations. However, with respect to a residence district, a county or municipality may set a
maximum speed limit of 20 or 25 miles per hour on local streets and highways after an
investigation determines that such a limit is reasonable. It is not necessary to conduct a
separate investigation for each residence district. The minimum speed limit on all highways
that comprise a part of the
National System of Interstate and Defense Highways and have not fewer than four lanes
is 40 miles per hour, except that when the posted speed limit is 70 miles per hour, the
minimum speed limit is 50 miles per hour.
A school bus may not exceed the posted speed limits at any
time.
The driver of every vehicle shall, consistent with the requirements of subsection (1),
drive at an appropriately reduced speed when:
Approaching and crossing an intersection or railway grade crossing;
Approaching and going around a curve;
Approaching a hill crest;
Traveling upon any narrow or winding roadway; and
Any special hazard exists with respect to pedestrians or other traffic or by reason of
weather or highway conditions.
No person shall drive a motor vehicle at such a slow speed as to impede or block the
normal and reasonable movement of traffic, except when reduced speed is necessary for
safe operation or in compliance with law.
No driver of a vehicle shall exceed the posted maximum speed limit in a work zone
area.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.185. Special hazards.
The fact that the speed of a vehicle is lower than the prescribed limits shall not
relieve the driver from the duty to decrease speed when approaching and crossing an
intersection, when approaching and going around a curve, when approaching a hill crest,
when traveling upon any narrow or winding roadway, or when special hazards exist or
may exist with respect to pedestrians or other traffic or by reason of weather or other
roadway conditions, and speed shall be decreased as may be necessary to avoid colliding
with any person, vehicle, or other conveyance on or entering the street in compliance
with legal requirements and the duty of all persons to use due care. A violation of this
section is a noncriminal traffic infraction, punishable as a moving violation as provided in
chapter 318.
316.187. Establishment of state speed zones.
316.189. Establishment of municipal and county speed zones.
MUNICIPAL SPEED.—The maximum speed within any municipality is 30 miles
per hour. With respect to residence districts, a municipality may set a maximum speed
limit of 20 or 25 miles per hour on local streets and highways after an investigation
determines that such a limit is reasonable. It shall not be necessary to conduct a separate
investigation for each residence district. A municipality may set speed zones altering the
speed limit, both as to maximum, not to exceed 60 miles per hour, and minimum, after
investigation determines such a change is reasonable and in conformity to criteria
promulgated by the Department of Transportation, except that no changes shall be made
on state highways or connecting links or extensions thereof, which shall be changed only
by the Department of Transportation.
SPEED ON COUNTY ROADS.—The maximum speed on any countymaintained
road is:
In any business or residence district, 30 miles per hour in
the daytime or nighttime; provided that with respect to residence districts a county may
set a maximum speed limit of 25 miles per hour after an investigation determines that
such a limit is reasonable; and it shall not be necessary to conduct a separate investigation
in each residence district.
On any other part of a county road not a business or residence district, as set forth in
s. 316.183.
However, the board of county commissioners may set speed zones altering such
speeds, both as to maximum and minimum, after investigation determines such a change
is reasonable and in conformity to criteria promulgated by the Department of
Transportation, except that no such speed zone shall permit a speed of more than 60 miles
per hour.
POSTING OF SPEED LIMITS.—All speed zones shall be posted with clearly
legible signs. No change in speeds from 30 miles per hour or from those established in s.
316.183 shall take effect until the zone is posted by the authority changing the speed
pursuant to this section and s. 316.187. All signs which limit or establish speed limits,
maximum and minimum, shall be so placed and so painted as to be plainly visible and
legible in daylight or in darkness when illuminated by headlights.
PENALTY.—Violation of the speed limits established under this section must be
cited as a moving violation, punishable as provided in chapter 318.
316.1895. Establishment of school speed zones,
enforcement; designation.
(a) The Department of Transportation, pursuant to the
authority granted under s. 316.0745, shall adopt a uniform system of traffic control
devices and pedestrian control devices for use on the streets and highways in the state
surrounding all schools, public and private.
The Department of Transportation shall compile, publish, and transmit a manual
containing all specifications and requirements with respect to the system of devices
established pursuant to paragraph (a) to the governing body of each county and
municipality in the state, and the Department of Transportation and each county and
municipality in the state shall install and maintain such traffic and pedestrian control
devices in conformity with such uniform system.
Upon request from the appropriate local government, the Department of
Transportation shall install and maintain such traffic and pedestrian control devices on
statemaintained roads as prescribed in this section for all prekindergarten early
intervention schools that receive federal funding through the Headstart program.
(a) A school zone located on a statemaintained primary or secondary road shall be
maintained by the Department of Transportation. However, nothing herein shall prohibit
the Department of Transportation from entering into agreements with counties or
municipalities whereby the local governmental entities would maintain specified school
zones on statemaintained primary or secondary roads.
The county shall have the responsibility to maintain a school zone located outside of
any municipality and on a county road.
A municipality shall have the responsibility to maintain a school zone located in a
municipality.
For the purposes of this section, the term “maintained” with respect to any school zone
means the care and maintenance of all school zone signs, markers, traffic control devices, and
pedestrian control devices.
(a) A school zone maintained by a county shall be periodically inspected by the county
sheriff’s office or any other qualified agent to determine whether or not the school zone is
being properly maintained.
A school zone maintained by a municipality shall be periodically inspected by the
municipal police department or any other qualified agent to determine whether or not the
school zone is being properly maintained.
A school zone speed limit may not be less than 15 miles per hour except by local
regulation. No school zone speed limit shall be more than 20 miles per hour in an urbanized
area, as defined in s. 334.03. Such speed limit may be in force only during those times 30
minutes before, during, and 30 minutes after the periods of time when pupils are arriving at a
regularly scheduled breakfast program or a regularly scheduled school session and leaving a
regularly scheduled school session.
Permanent signs designating school zones and school zone speed limits shall be uniform
in size and color, and shall have the times during which the restrictive speed limit is enforced
clearly designated thereon. Flashing beacons activated by a time clock, or other automatic
device, or manually activated may be used as an alternative to posting the times during which
the restrictive school
speed limit is enforced. Beginning July 1, 2008, for any newly established school zone or
any school zone in which the signing has been replaced, a sign stating “Speeding Fines
Doubled” shall be installed within the school zone. The Department of Transportation
shall establish adequate standards for the signs and flashing beacons.
Portable signs designating school zones and school zone speed limits shall be
uniform in size and color. Such signs shall be erected on the roadway only during those
hours when pupils are arriving at and leaving regularly scheduled school sessions. The
Department of Transportation shall establish adequate standards for the signs.
Nothing herein shall prohibit the use of automatic traffic control devices for the
control of vehicular and pedestrian traffic at school crossings.
All flags, belts, apparel, and devices issued, supplied, or furnished to pupils or
persons acting in the capacity of school safety patrols, special school police, or special
police appointed to control and direct traffic at or near schools, when used during periods
of darkness, shall be made at least in part with retroreflective materials so as to be visible
at night at 300 feet to approaching motorists when viewed under lawful lowbeam
headlights.
A person may not drive a vehicle on a roadway designated as a school zone at a
speed greater than that posted in the school zone in accordance with this section.
Violation of the speed limits established pursuant to this section must be cited as a
moving violation, punishable as provided in chapter 318.
316.1905. Electrical, mechanical, or other speed calculating devices; power of
arrest; evidence.
Whenever any peace officer engaged in the enforcement of the motor vehicle laws of
this state uses an electronic, electrical, mechanical, or other device used to determine the
speed of a motor vehicle on any highway, road, street, or other public way, such device
shall be of a type approved by the department and shall have been tested to determine that
it is operating accurately. Tests for this purpose shall be made not less than once each 6
months, according to procedures and at regular intervals of time prescribed by the
department.
Any police officer, upon receiving information relayed to him or her from a fellow
officer stationed on the ground or in the air operating such a device that a driver of a
vehicle has violated the speed laws of this state, may arrest the driver for violation of said
laws where reasonable and proper identification of the vehicle and the speed of same has
been communicated to the arresting officer.
(a) A witness otherwise qualified to testify shall be competent to give testimony
against an accused violator of the motor vehicle laws of this state when such testimony is
derived from the use of such an electronic, electrical, mechanical, or other device used in
the calculation of speed, upon showing that the speed calculating device which was used
had been tested. However, the operator of any visual average speed computer device shall
first be certified as a competent operator of such device by the department.
Upon the production of a certificate, signed and witnessed,
showing that such device was tested within the time period specified and that such device
was working properly, a presumption is established to that effect unless the contrary shall
be established by competent evidence.
Any person accused pursuant to the provisions of this section shall be entitled to have
the officer actually operating the device appear in court and testify upon oral or written
motion.
316.1906. Radar speedmeasuring devices; evidence, admissibility.
(1) DEFINITIONS.—
“Audio Doppler” means a backup audible signal that translates the radar’s Doppler
shift into a tone which can be heard by the radar operator.
“Audio warning tone” refers to an auxiliary radar device which alerts the operator,
by means of an audible tone, to the presence of a speed registration above a preset level.
“Automatic speed lock” refers to an auxiliary radar device which immediately holds
any speed reading obtained above a preset level.
“Officer” means any:
“Law enforcement officer” who is elected, appointed, or employed full time by any
municipality or the state or any political subdivision thereof; who is vested with the
authority to bear arms and make arrests; and whose primary responsibility is the
prevention and detection of crime or the enforcement of the penal, criminal, traffic, or
highway laws of the state;
“Parttime law enforcement officer” who is employed or appointed less than full
time, as defined by an employing agency, with or without compensation; who is vested
with authority to bear arms and make arrests; and whose primary responsibility is the
prevention and detection of crime or the enforcement of the penal, criminal, traffic, or
highway laws of the state; or
“Auxiliary law enforcement officer” who is employed or appointed, with or without
compensation; who aids or assists a fulltime or parttime law enforcement officer; and
who, while under the direct supervision of a fulltime or parttime law enforcement
officer, has the authority to arrest and perform law enforcement functions.
“Radar” means law enforcement speed radar, any laserbased or microwavebased
speedmeasurement system employed by a law enforcement agency to detect the speed of
motorists.
Evidence of the speed of a vehicle measured by any radar speedmeasuring device
shall be inadmissible in any proceeding with respect to an alleged violation of provisions
of law regulating the lawful speed of vehicles, unless such evidence of speed is obtained
by an officer who:
Has satisfactorily completed the radar training course established by the Criminal
Justice Standards and Training Commission pursuant to s. 943.17(1)(b).
Has made an independent visual determination that the vehicle is operating in excess
of the applicable speed limit.
Has written a citation based on evidence obtained from radar when conditions permit
the clear assignment of speed to a
single vehicle.
Is using radar which has no automatic speed locks and no audio alarms, unless
disconnected or deactivated.
Is operating radar with audio Doppler engaged.
Is using a radar unit which meets the minimum design criteria for such units
established by the Department of Highway Safety and Motor Vehicles.
316.191. Racing on highways.
(1) As used in this section, the term:
Drive any motor vehicle, including any motorcycle, in any race, speed competition or
contest, drag race or acceleration contest, test of physical endurance, or exhibition of
speed or acceleration or for the purpose of making a speed record on any highway,
roadway, or parking lot;
In any manner participate in, coordinate, facilitate, or collect moneys at any location
for any such race, competition, contest, test, or exhibition;
Knowingly ride as a passenger in any such race, competition, contest, test, or
exhibition; or
Purposefully cause the movement of traffic to slow or stop for any such race,
competition, contest, test, or exhibition.
(a) Any person who violates subsection (2) commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083. Any person who violates
subsection (2) shall pay a fine of not less than $500 and not more than $1,000, and the
department shall revoke the driver license of a person so convicted for 1 year. A hearing
may be requested pursuant to s. 322.271.
Any person who commits a second violation of subsection
within 5 years after the date of a prior violation that resulted in a conviction for a
violation of subsection (2) commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083, and shall pay a fine of not less than $1,000 and not
more than $3,000. The department shall also revoke the driver license of that person for 2
years. A hearing may be requested pursuant to s. 322.271.
Any person who commits a third or subsequent violation of subsection (2) within 5
years after the date of a prior violation that resulted in a conviction for a violation of
subsection (2) commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083, and shall pay a fine of not less than $2,000 and not more than
$5,000. The department shall also revoke the driver license of that person for 4 years. A
hearing may be requested pursuant to s. 322.271.
In any case charging a violation of subsection (2), the court shall be provided a copy
of the driving record of the person charged and may obtain any records from any other
source to determine if one or more prior convictions of the person for a violation of
subsection (2) have occurred within 5 years prior to the charged offense.
(a) A person may not be a spectator at any drag race prohibited under subsection (2).
A person who violates paragraph (a) commits a noncriminal traffic infraction,
punishable as a moving violation as provided in chapter 318.
Whenever a law enforcement officer determines that a person was engaged in a drag
race or race, as described in subsection (1), the officer may immediately arrest and take
such person into custody. The court may enter an order of impoundment or
immobilization as a condition of incarceration or probation. Within 7 business days after
the date the court issues the order of impoundment or immobilization, the clerk of the
court must send notice by certified mail, return receipt requested, to the registered owner
of the motor vehicle, if the registered owner is a person other than the defendant, and to
each person of record claiming a lien against the motor vehicle.
Notwithstanding any provision of law to the contrary, the impounding agency shall
release a motor vehicle under the conditions provided in s. 316.193(6)(e), (f), (g), and (h),
if the owner or agent presents a valid driver license at the time of pickup of the motor
vehicle.
All costs and fees for the impoundment or immobilization, including the cost of
notification, must be paid by the owner of the motor vehicle or, if the motor vehicle is
leased or rented, by the person leasing or renting the motor vehicle, unless the
impoundment or immobilization order is dismissed. All provisions of s. 713.78 shall
apply.
Any motor vehicle used in violation of subsection (2) may be impounded for a period
of 30 business days if a law enforcement officer has arrested and taken a person into
custody pursuant to this subsection and the person being arrested is the registered owner
or coowner of the motor vehicle. If the arresting officer finds that the criteria of this
paragraph are met, the officer may immediately impound the motor vehicle. The law
enforcement officer shall notify the Department of Highway Safety and Motor Vehicles
of any impoundment for violation of this subsection in accordance with procedures
established by the department. Paragraphs (a) and (b) shall be applicable to such
impoundment.
Any motor vehicle used in violation of subsection (2) by any person within 5 years
after the date of a prior conviction of that person for a violation under subsection (2) may
be seized and forfeited as provided by the Florida Contraband Forfeiture Act. This
subsection shall only be applicable if the owner of the motor vehicle is the person
charged with violating subsection (2).
This section does not apply to licensed or duly authorized racetracks, drag strips, or
other designated areas set aside by proper authorities for such purposes.
316.192. Reckless driving.
(a) Any person who drives any vehicle in willful or wanton disregard for the safety
of persons or property is guilty of reckless driving.
Fleeing a law enforcement officer in a motor vehicle is reckless driving per se.
Except as provided in subsection (3), any person convicted of reckless driving shall
be punished:
Upon a first conviction, by imprisonment for a period of not more than 90 days or by
fine of not less than $25 nor more than $500, or by both such fine and imprisonment.
On a second or subsequent conviction, by imprisonment for not more than 6 months
or by a fine of not less than $50 nor more than $1,000, or by both such fine and
imprisonment.
(3) Any person:
Who is in violation of subsection (1);
Who operates a vehicle; and
Who, by reason of such operation, causes:
Damage to the property or person of another commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
Serious bodily injury to another commits a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084. The term “serious bodily injury” means
an injury to another person, which consists of a physical condition that creates a
substantial risk of death, serious personal disfigurement, or protracted loss or impairment
of the function of any bodily member or organ.
Notwithstanding any other provision of this section, $5 shall be added to a fine
imposed pursuant to this section. The clerk shall remit the $5 to the Department of
Revenue for deposit in the Emergency Medical Services Trust Fund.
In addition to any other penalty provided under this section, if the court has
reasonable cause to believe that the use of alcohol, chemical substances set forth in s.
877.111, or substances controlled under chapter 893 contributed to a violation of this
section, the court shall direct the person so convicted to complete a DUI program
substance abuse education course and evaluation as provided in s. 316.193(5) within a
reasonable period of time specified by the court. If the DUI program conducting such
course and evaluation refers the person to an authorized substance abuse treatment
provider for substance abuse evaluation and treatment, the directive of the court requiring
completion of such course, evaluation, and treatment shall be enforced as provided in s.
322.245. The referral to treatment resulting from the DUI program evaluation may not be
waived without a supporting independent psychosocial evaluation conducted by an
authorized substance abuse treatment provider, appointed by the court, which shall have
access to the DUI program psychosocial evaluation before the independent psychosocial
evaluation is conducted. The court shall review the results and recommendations of both
evaluations before determining the request for waiver. The offender shall bear the full
cost of this procedure. If a person directed to a DUI program substance abuse education
course and evaluation or referred to treatment under this subsection fails to report for or
complete such course, evaluation, or treatment, the DUI program shall notify the court
and the department of the failure. Upon receipt of such notice, the department shall
cancel the person’s driving privilege, notwithstanding the terms of the court order or any
suspension or revocation of the driving privilege. The department may reinstate the
driving privilege upon verification from the DUI program that the education,
evaluation, and treatment are completed. The department may temporarily reinstate the
driving privilege on a restricted basis upon verification that the offender is currently
participating in treatment and has completed the DUI education course and evaluation
requirement. If the DUI program notifies the department of the second failure to complete
treatment, the department shall reinstate the driving privilege only after notice of
successful completion of treatment from the DUI program.
316.1923. Aggressive careless driving.
“Aggressive careless driving” means committing two or more of the following acts
simultaneously or in succession:
Exceeding the posted speed as defined in s. 322.27(3)(d)5.b.
Unsafely or improperly changing lanes as defined in s. 316.085.
Following another vehicle too closely as defined in s. 316.0895(1).
Failing to yield the rightofway as defined in s. 316.079, s. 316.0815, or s. 316.123.
Improperly passing as defined in s. 316.083, s. 316.084, or s. 316.085.
Violating traffic control and signal devices as defined in ss. 316.074 and 316.075.
316.1925. Careless driving.
Any person operating a vehicle upon the streets or highways within the state shall
drive the same in a careful and prudent
manner, having regard for the width, grade, curves, corners, traffic, and all other
attendant circumstances, so as not to endanger the life, limb, or property of any person.
Failure to drive in such manner shall constitute careless driving and a violation of this
section.
Any person who violates this section shall be cited for a moving violation, punishable
as provided in chapter 318.
316.1926. Additional offenses.
A person who violates the provisions of s. 316.2085(2) or
shall be cited for a moving violation, punishable as provided in chapter 318.
A person who exceeds the speed limit in excess of 50 miles per hour or more in
violation of s. 316.183(2), s. 316.187, or s. 316.189 shall be cited for a moving violation,
punishable as provided in chapter 318.
316.193. Driving under the influence; penalties.
A person is guilty of the offense of driving under the influence and is subject to
punishment as provided in subsection
if the person is driving or in actual physical control of a vehicle within this state and:
The person is under the influence of alcoholic beverages, any chemical substance set
forth in s. 877.111, or any substance controlled under chapter 893, when affected to the
extent that the person’s normal faculties are impaired;
The person has a bloodalcohol level of 0.08 or more grams
of alcohol per 100 milliliters of blood; or
The person has a breathalcohol level of 0.08 or more grams of alcohol per 210 liters
of breath.
(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person
who is convicted of a violation of subsection (1) shall be punished:
1. By a fine of:
a. Not less than $500 or more than $1,000 for a first conviction.
b. Not less than $1,000 or more than $2,000 for a second conviction; and
2. By imprisonment for:
a. Not more than 6 months for a first conviction.
b. Not more than 9 months for a second conviction.
For a second conviction, by mandatory placement for a period of at least 1 year, at
the convicted person’s sole expense, of an ignition interlock device approved by the
department in accordance with s. 316.1938 upon all vehicles that are individually or
jointly leased or owned and routinely operated by the convicted person, when the
convicted person qualifies for a permanent or restricted license. The installation of such
device may not occur before July 1, 2003.
1. Any person who is convicted of a third violation of this section for an offense that
occurs within 10 years after a prior conviction for a violation of this section commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084. In addition, the court shall order the mandatory placement for a period of not
less than 2 years, at the convicted person’s sole expense, of an ignition interlock device
approved by the department in accordance with s. 316.1938 upon all vehicles that are
individually or jointly leased or owned and routinely operated by the convicted person,
when the convicted person qualifies for a permanent or restricted license. The installation
of such device may not occur before July 1, 2003.
Any person who is convicted of a third violation of this section for an offense that
occurs more than 10 years after the date of a prior conviction for a violation of this
section shall be punished by a fine of not less than $2,000 or more than $5,000 and by
imprisonment for not more than 12 months. In addition, the court shall order the
mandatory placement for a period of at least 2 years, at the convicted person’s sole
expense, of an ignition interlock device approved by the department in accordance with s.
316.1938 upon all vehicles that are individually or jointly leased or owned and routinely
operated by the convicted person, when the convicted person qualifies for a permanent or
restricted license. The installation of such device may not occur before July 1, 2003.
Who is in violation of subsection (1);
Who operates a vehicle; and
Who, by reason of such operation, causes or contributes to causing:
Damage to the property or person of another commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
Serious bodily injury to another, as defined in s. 316.1933, commits a felony of the
third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
The death of any human being or unborn child commits DUI manslaughter, and
commits:
a. A felony of the second degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
b. A felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084, if:
I. At the time of the crash, the person knew, or should have known, that the crash
occurred; and
The person failed to give information and render aid as required by s. 316.062.
For purposes of this subsection, the term “unborn child” has the same meaning as
provided in s. 775.021(5). A person who is convicted of DUI manslaughter shall be
sentenced to a mandatory minimum term of imprisonment of 4 years.
Any person who is convicted of a violation of subsection
and who has a bloodalcohol level or breathalcohol level of 0.15 or higher, or any person
who is convicted of a violation of subsection (1) and who at the time of the offense was
accompanied in the vehicle by a person under the age of 18 years, shall be punished:
(a) By a fine of:
Not less than $1,000 or more than $2,000 for a first conviction.
Not less than $2,000 or more than $4,000 for a second conviction.
Not less than $4,000 for a third or subsequent conviction.
(b) By imprisonment for:
Not more than 9 months for a first conviction.
Not more than 12 months for a second conviction.
For the purposes of this subsection, only the instant offense is required to be a
violation of subsection (1) by a person who has a bloodalcohol level or breathalcohol
level of 0.15 or higher.
In addition to the penalties in paragraphs (a) and (b), the
court shall order the mandatory placement, at the convicted person’s sole expense, of an
ignition interlock device approved by the department in accordance with s. 316.1938
upon all vehicles that are individually or jointly leased or owned and routinely operated
by the convicted person for not less than 6 continuous months for the first offense and for
not less than 2 continuous years for a second offense, when the convicted person qualifies
for a permanent or restricted license.
The court shall place all offenders convicted of violating this section on monthly
reporting probation and shall require completion of a substance abuse course conducted
by a DUI program licensed by the department under s. 322.292, which must include a
psychosocial evaluation of the offender. If the DUI program refers the offender to an
authorized substance abuse treatment provider for substance abuse treatment, in addition
to any sentence or fine imposed under this section, completion of all such education,
evaluation, and treatment is a condition of reporting probation. The offender shall assume
reasonable costs for such education, evaluation, and treatment. The referral to treatment
resulting from a psychosocial evaluation shall not be waived without a supporting
independent psychosocial evaluation conducted by an authorized substance abuse
treatment provider appointed by the court, which shall have access to the DUI program’s
psychosocial evaluation before the independent psychosocial evaluation is conducted.
The court shall review the results and recommendations of both evaluations before
determining the request for waiver. The offender shall bear the full cost of this procedure.
The term “substance abuse” means the abuse of alcohol or any substance named or
described in
Schedules I through V of s. 893.03. If an offender referred to treatment under this
subsection fails to report for or complete such treatment or fails to complete the DUI
program substance abuse education course and evaluation, the DUI program shall notify
the court and the department of the failure. Upon receipt of the notice, the department
shall cancel the offender’s driving privilege, notwithstanding the terms of the court order
or any suspension or revocation of the driving privilege. The department may temporarily
reinstate the driving privilege on a restricted basis upon verification from the DUI
program that the offender is currently participating in treatment and the DUI education
course and evaluation requirement has been completed. If the DUI program notifies the
department of the second failure to complete treatment, the department shall reinstate the
driving privilege only after notice of completion of treatment from the DUI program. The
organization that conducts the substance abuse education and evaluation may not provide
required substance abuse treatment unless a waiver has been granted to that organization
by the department. A waiver may be granted only if the department determines, in
accordance with its rules, that the service provider that conducts the substance abuse
education and evaluation is the most appropriate service provider and is licensed under
chapter 397 or is exempt from such licensure. A statistical referral report shall be
submitted quarterly to the department by each organization authorized to provide services
under this section.
With respect to any person convicted of a violation of subsection (1), regardless of
any penalty imposed pursuant to subsection (2), subsection (3), or subsection (4):
For the first conviction, the court shall place the defendant
on probation for a period not to exceed 1 year and, as a condition of such probation, shall
order the defendant to participate in public service or a community work project for a
minimum of 50 hours. The court may order a defendant to pay a fine of $10 for each hour
of public service or community work otherwise required only if the court finds that the
residence or location of the defendant at the time public service or community work is
required or the defendant’s employment obligations would create an undue hardship for
the defendant. However, the total period of probation and incarceration may not exceed 1
year. The court must also, as a condition of probation, order the impoundment or
immobilization of the vehicle that was operated by or in the actual control of the
defendant or any one vehicle registered in the defendant’s name at the time of
impoundment or immobilization, for a period of 10 days or for the unexpired term of any
lease or rental agreement that expires within 10 days. The impoundment or
immobilization must not occur concurrently with the incarceration of the defendant. The
impoundment or immobilization order may be dismissed in accordance with paragraph
(e), paragraph (f), paragraph (g), or paragraph (h).
For the second conviction for an offense that occurs within a period of 5 years after
the date of a prior conviction for violation of this section, the court shall order
imprisonment for not less than 10 days. The court must also, as a condition of probation,
order the impoundment or immobilization of all vehicles owned by the defendant at the
time of impoundment or immobilization, for a period of 30 days or for the unexpired term
of any lease or rental agreement that expires within 30 days. The impoundment or
immobilization must not occur concurrently with the incarceration
of the defendant and must occur concurrently with the driver license revocation imposed
under s. 322.28(2)(a)2. The impoundment or immobilization order may be dismissed in
accordance with paragraph (e), paragraph (f), paragraph (g), or paragraph (h). At least 48
hours of confinement must be consecutive.
For the third or subsequent conviction for an offense that occurs within a period of 10
years after the date of a prior conviction for violation of this section, the court shall order
imprisonment for not less than 30 days. The court must also, as a condition of probation,
order the impoundment or immobilization of all vehicles owned by the defendant at the
time of impoundment or immobilization, for a period of 90 days or for the unexpired term
of any lease or rental agreement that expires within 90 days. The impoundment or
immobilization must not occur concurrently with the incarceration of the defendant and
must occur concurrently with the driver license revocation imposed under s. 322.28(2)
(a)3. The impoundment or immobilization order may be dismissed in accordance with
paragraph (e), paragraph (f), paragraph (g), or paragraph (h). At least 48 hours of
confinement must be consecutive.
The court must at the time of sentencing the defendant issue an order for the
impoundment or immobilization of a vehicle. The order of impoundment or
immobilization must include the name and telephone numbers of all immobilization
agencies meeting all of the conditions of subsection (13). Within 7 business days after the
date that the court issues the order of impoundment or immobilization, the clerk of the
court must send notice by certified mail, return receipt requested, to the registered owner
of
each vehicle, if the registered owner is a person other than the defendant, and to each
person of record claiming a lien against the vehicle.
A person who owns but was not operating the vehicle when the offense occurred may
submit to the court a police report indicating that the vehicle was stolen at the time of the
offense or documentation of having purchased the vehicle after the offense was
committed from an entity other than the defendant or the defendant’s agent. If the court
finds that the vehicle was stolen or that the sale was not made to circumvent the order and
allow the defendant continued access to the vehicle, the order must be dismissed and the
owner of the vehicle will incur no costs. If the court denies the request to dismiss the
order of impoundment or immobilization, the petitioner may request an evidentiary
hearing.
A person who owns but was not operating the vehicle when the offense occurred, and
whose vehicle was stolen or who purchased the vehicle after the offense was committed
directly from the defendant or the defendant’s agent, may request an evidentiary hearing
to determine whether the impoundment or immobilization should occur. If the court finds
that either the vehicle was stolen or the purchase was made without knowledge of the
offense, that the purchaser had no relationship to the defendant other than through the
transaction, and that such purchase would not circumvent the order and allow the
defendant continued access to the vehicle, the order must be dismissed and the owner of
the vehicle will incur no costs.
The court shall also dismiss the order of impoundment or immobilization of the
vehicle if the court finds that the family of the owner of the vehicle has no other private
or public means of
transportation.
The court may also dismiss the order of impoundment or immobilization of any
vehicles that are owned by the defendant but that are operated solely by the employees of
the defendant or any business owned by the defendant.
The court may also dismiss the order of impoundment or immobilization if the
defendant provides proof to the satisfaction of the court that a functioning, certified
ignition interlock device has been installed upon all vehicles that are individually or
jointly leased or owned and routinely operated by the convicted person.
1. Notwithstanding the provisions of this section, s. 316.1937, and s. 322.2715
relating to ignition interlock devices required for second or subsequent offenders, in order
to strengthen the pretrial and posttrial options available to prosecutors and judges, the
court may order, if deemed appropriate, that a person participate in a qualified sobriety
and drug monitoring program, as defined in subparagraph 2., in addition to the ignition
interlock device requirement. Participation shall be at the person’s sole expense.
As used in this paragraph, the term “qualified sobriety and drug monitoring program”
means an evidencebased program, approved by the department, in which participants are
regularly tested for alcohol and drug use. As the court deems appropriate, the program
may monitor alcohol or drugs through one or more of the following modalities: breath
testing twice a day; continuous transdermal alcohol monitoring in cases of hardship; or
random blood, breath, urine, or oral fluid testing. Testing modalities that provide the best
ability to sanction a violation as close in time as
reasonably feasible to the occurrence of the violation should be given preference. This
paragraph does not preclude a court from ordering an ignition interlock device as a
testing modality.
For purposes of this paragraph, the term “evidencebased program” means a program
that satisfies the requirements of at least two of the following:
a. The program is included in the federal registry of evidencebased programs and
practices.
b. The program has been reported in a peerreviewed journal as having positive
effects on the primary targeted outcome.
c. The program has been documented as effective by informed experts and other
sources.
All costs and fees for the impoundment or immobilization, including the cost of
notification, must be paid by the owner of the vehicle or, if the vehicle is leased or rented,
by the person leasing or renting the vehicle, unless the impoundment or immobilization
order is dismissed. All provisions of s. 713.78 shall apply. The costs and fees for the
impoundment or immobilization must be paid directly to the person impounding or
immobilizing the vehicle.
The person who owns a vehicle that is impounded or immobilized under this
paragraph, or a person who has a lien of record against such a vehicle and who has not
requested a review of the impoundment pursuant to paragraph (e), paragraph (f), or
paragraph (g), may, within 10 days after the date that person has knowledge of the
location of the vehicle, file a complaint in the county in which the owner resides to
determine whether the
vehicle was wrongfully taken or withheld from the owner or lienholder. Upon the filing
of a complaint, the owner or lienholder may have the vehicle released by posting with the
court a bond or other adequate security equal to the amount of the costs and fees for
impoundment or immobilization, including towing or storage, to ensure the payment of
such costs and fees if the owner or lienholder does not prevail. When the bond is posted
and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate
releasing the vehicle. At the time of release, after reasonable inspection, the owner or
lienholder must give a receipt to the towing or storage company indicating any loss or
damage to the vehicle or to the contents of the vehicle.
A defendant, in the court’s discretion, may be required to serve all or any portion of a
term of imprisonment to which the defendant has been sentenced pursuant to this section
in a residential alcoholism treatment program or a residential drug abuse treatment
program. Any time spent in such a program must be credited by the court toward the term
of imprisonment.
For the purposes of this section, any conviction for a violation of s. 327.35; a
previous conviction for the violation of former s. 316.1931, former s. 860.01, or former s.
316.028; or a previous conviction outside this state for driving under the influence,
driving while intoxicated, driving with an unlawful bloodalcohol level, driving with an
unlawful breathalcohol level, or any other similar alcoholrelated or drugrelated traffic
offense, is also considered a previous conviction for violation of this section. However, in
satisfaction of the fine imposed pursuant to this section, the court may, upon a finding
that the defendant is financially unable to pay either all or part of the fine, order that
the defendant participate for a specified additional period of time in public service or a
community work project in lieu of payment of that portion of the fine which the court
determines the defendant is unable to pay. In determining such additional sentence, the
court shall consider the amount of the unpaid portion of the fine and the reasonable value
of the services to be ordered; however, the court may not compute the reasonable value of
services at a rate less than the federal minimum wage at the time of sentencing.
A conviction under this section does not bar any civil suit for damages against the
person so convicted.
At the arraignment, or in conjunction with any notice of arraignment provided by the
clerk of the court, the clerk shall provide any person charged with a violation of this
section with notice that upon conviction the court shall suspend or revoke the offender’s
driver license and that the offender should make arrangements for transportation at any
proceeding in which the court may take such action. Failure to provide such notice does
not affect the court’s suspension or revocation of the offender’s driver license.
A person who is arrested for a violation of this section may not be released from
custody:
Until the person is no longer under the influence of alcoholic beverages, any
chemical substance set forth in s. 877.111, or any substance controlled under chapter 893
and affected to the extent that his or her normal faculties are impaired;
Until the person’s bloodalcohol level or breathalcohol level is less than 0.05; or
Until 8 hours have elapsed from the time the person was arrested.
The rulings of the Department of Highway Safety and Motor Vehicles under s. 322.2615
shall not be considered in any trial for a violation of this section. Testimony or evidence from
the administrative proceedings or any written statement submitted by a person in his or her
request for administrative review is inadmissible into evidence or for any other purpose in
any criminal proceeding, unless timely disclosed in criminal discovery pursuant to Rule
3.220, Florida Rules of Criminal Procedure.
The Department of Highway Safety and Motor Vehicles is directed to adopt rules
providing for the implementation of the use of ignition interlock devices.
If the records of the Department of Highway Safety and Motor Vehicles show that the
defendant has been previously convicted of the offense of driving under the influence, that
evidence is sufficient by itself to establish that prior conviction for driving under the
influence. However, such evidence may be contradicted or rebutted by other evidence. This
presumption may be considered along with any other evidence presented in deciding whether
the defendant has been previously convicted of the offense of driving under the influence.
If personnel of the circuit court or the sheriff do not immobilize vehicles, only
immobilization agencies that meet the conditions of this subsection shall immobilize vehicles
in that judicial circuit.
The immobilization agency responsible for immobilizing vehicles in that judicial circuit
shall be subject to strict
compliance with all of the following conditions and restrictions:
Any immobilization agency engaged in the business of immobilizing vehicles shall
provide to the clerk of the court a signed affidavit attesting that the agency:
a. Has verifiable experience in immobilizing vehicles;
b. Maintains accurate and complete records of all payments for the immobilization,
copies of all documents pertaining to the court’s order of impoundment or
immobilization, and any other documents relevant to each immobilization. Such records
must be maintained by the immobilization agency for at least 3 years; and
c. Employs and assigns persons to immobilize vehicles that meet the requirements
established in subparagraph 2.
2. The person who immobilizes a vehicle must:
a. Not have been adjudicated incapacitated under s. 744.331, or a similar statute in
another state, unless his or her capacity has been judicially restored; involuntarily placed
in a treatment facility for the mentally ill under chapter 394, or a similar law in any other
state, unless his or her competency has been judicially restored; or diagnosed as having
an incapacitating mental illness unless a psychologist or psychiatrist licensed in this state
certifies that he or she does not currently suffer from the mental illness.
b. Not be a chronic and habitual user of alcoholic beverages to the extent that his or
her normal faculties are impaired; not have been committed under chapter 397, former
chapter 396, or a similar law in any other state; not have been found to be a habitual
offender under s. 856.011(3), or a similar law in any other state; or not have had any
convictions under this section, or
a similar law in any other state, within 2 years before the affidavit is submitted.
c. Not have been committed for controlled substance abuse or have been found guilty
of a crime under chapter 893, or a similar law in any other state, relating to controlled
substances in any other state.
d. Not have been found guilty of or entered a plea of guilty or nolo contendere to,
regardless of adjudication, or been convicted of a felony, unless his or her civil rights
have been restored.
e. Be a citizen or legal resident alien of the United States or have been granted
authorization to seek employment in this country by the United States Bureau of
Citizenship and Immigration Services.
The immobilization agency shall conduct a state criminal history check through the
Florida Department of Law Enforcement to ensure that the person hired to immobilize a
vehicle meets the requirements in subsubparagraph (a)2.d.
A person who violates paragraph (a) commits a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.
(14) As used in this chapter, the term:
316.1932. Tests for alcohol, chemical substances, or controlled
substances; implied consent; refusal.
(a) 1. a. Any person who accepts the privilege extended by the laws of this state of
operating a motor vehicle within this state is, by so operating such vehicle, deemed to
have given his or her consent to submit to an approved chemical test or physical test
including, but not limited to, an infrared light test of his or her breath for the purpose of
determining the alcoholic content of his or her blood or breath if the person is lawfully
arrested for any offense allegedly committed while the person was driving or was in
actual physical control of a motor vehicle while under the influence of alcoholic
beverages. The chemical or physical breath
test must be incidental to a lawful arrest and administered at the request of a law
enforcement officer who has reasonable cause to believe such person was driving or was
in actual physical control of the motor vehicle within this state while under the influence
of alcoholic beverages. The administration of a breath test does not preclude the
administration of another type of test. The person shall be told that his or her failure to
submit to any lawful test of his or her breath will result in the suspension of the person’s
privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a
period of 18 months if the driving privilege of such person has been previously
suspended as a result of a refusal to submit to such a test or tests, and shall also be told
that if he or she refuses to submit to a lawful test of his or her breath and his or her
driving privilege has been previously suspended for a prior refusal to submit to a lawful
test of his or her breath, urine, or blood, he or she commits a misdemeanor in addition to
any other penalties. The refusal to submit to a chemical or physical breath test upon the
request of a law enforcement officer as provided in this section is admissible into
evidence in any criminal proceeding.
b. Any person who accepts the privilege extended by the laws of this state of
operating a motor vehicle within this state is, by so operating such vehicle, deemed to
have given his or her consent to submit to a urine test for the purpose of detecting the
presence of chemical substances as set forth in s. 877.111 or controlled substances if the
person is lawfully arrested for any offense allegedly committed while the person was
driving or was in actual physical control of a motor vehicle while under the influence of
chemical substances or controlled substances. The urine test must
be incidental to a lawful arrest and administered at a detention facility or any other
facility, mobile or otherwise, which is equipped to administer such tests at the request of
a law enforcement officer who has reasonable cause to believe such person was driving
or was in actual physical control of a motor vehicle within this state while under the
influence of chemical substances or controlled substances. The urine test shall be
administered at a detention facility or any other facility, mobile or otherwise, which is
equipped to administer such test in a reasonable manner that will ensure the accuracy of
the specimen and maintain the privacy of the individual involved. The administration of a
urine test does not preclude the administration of another type of test. The person shall be
told that his or her failure to submit to any lawful test of his or her urine will result in the
suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for
the first refusal, or for a period of 18 months if the driving privilege of such person has
been previously suspended as a result of a refusal to submit to such a test or tests, and
shall also be told that if he or she refuses to submit to a lawful test of his or her urine and
his or her driving privilege has been previously suspended for a prior refusal to submit to
a lawful test of his or her breath, urine, or blood, he or she commits a misdemeanor in
addition to any other penalties. The refusal to submit to a urine test upon the request of a
law enforcement officer as provided in this section is admissible into evidence in any
criminal proceeding.
under the driving and boating under the influence provisions and related provisions
located in this chapter and chapters 322 and
The program is responsible for the regulation of the individuals who operate, inspect, and
instruct on the breath test instruments utilized in the driving and boating under the
influence provisions and related provisions located in this chapter and chapters 322 and
327. The program is further responsible for the regulation of blood analysts who conduct
blood testing to be utilized under the driving and boating under the influence provisions
and related provisions located in this chapter and chapters 322 and 327. The program
shall:
a. Establish uniform criteria for the issuance of permits to breath test operators,
agency inspectors, instructors, blood analysts, and instruments.
b. Have the authority to permit breath test operators, agency inspectors, instructors,
blood analysts, and instruments.
c. Have the authority to discipline and suspend, revoke, or renew the permits of
breath test operators, agency inspectors, instructors, blood analysts, and instruments.
d. Establish uniform requirements for instruction and curricula for the operation and
inspection of approved instruments.
e. Have the authority to specify one approved curriculum for the operation and
inspection of approved instruments.
f. Establish a procedure for the approval of breath test operator and agency inspector
classes.
g. Have the authority to approve or disapprove breath test instruments and
accompanying paraphernalia for use pursuant to
the driving and boating under the influence provisions and related provisions located in
this chapter and chapters 322 and 327.
h. With the approval of the executive director of the Department of Law
Enforcement, make and enter into contracts and agreements with other agencies,
organizations, associations, corporations, individuals, or federal agencies as are
necessary, expedient, or incidental to the performance of duties.
i. Issue final orders which include findings of fact and conclusions of law and which
constitute final agency action for the purpose of chapter 120.
j. Enforce compliance with the provisions of this section through civil or
administrative proceedings.
k. Make recommendations concerning any matter within the purview of this section,
this chapter, chapter 322, or chapter 327.
l. Promulgate rules for the administration and implementation of this section,
including definitions of terms.
m. Consult and cooperate with other entities for the purpose of implementing the
mandates of this section.
n. Have the authority to approve the type of blood test utilized under the driving and
boating under the influence provisions and related provisions located in this chapter and
chapters 322 and 327.
o. Have the authority to specify techniques and methods for breath alcohol testing
and blood testing utilized under the driving and boating under the influence provisions
and related provisions located in this chapter and chapters 322 and 327.
p. Have the authority to approve repair facilities for the approved breath test
instruments, including the authority to set criteria for approval.
Nothing in this section shall be construed to supersede provisions in this chapter and
chapters 322 and 327. The specifications in this section are derived from the power and
authority previously and currently possessed by the Department of Law Enforcement and
are enumerated to conform with the mandates of chapter 99379, Laws of Florida.
1. The bloodalcohol level must be based upon grams of alcohol per 100 milliliters of
blood. The breathalcohol level must be based upon grams of alcohol per 210 liters of
breath.
An analysis of a person’s breath, in order to be considered valid under this section,
must have been performed substantially according to methods approved by the
Department of Law Enforcement. For this purpose, the department may approve
satisfactory techniques or methods. Any insubstantial differences between approved
techniques and actual testing procedures in any individual case do not render the test or
test results invalid.
Any person who accepts the privilege extended by the laws of this state of operating
a motor vehicle within this state is, by operating such vehicle, deemed to have given his
or her consent to submit to an approved blood test for the purpose of determining the
alcoholic content of the blood or a blood test for the purpose of determining the presence
of chemical substances or controlled substances as provided in this section if there is
reasonable cause to believe the person was driving or in actual physical control of a
motor vehicle while under the influence of alcoholic beverages or
chemical or controlled substances and the person appears for treatment at a hospital,
clinic, or other medical facility and the administration of a breath or urine test is
impractical or impossible. As used in this paragraph, the term “other medical facility”
includes an ambulance or other medical emergency vehicle. The blood test shall be
performed in a reasonable manner. Any person who is incapable of refusal by reason of
unconsciousness or other mental or physical condition is deemed not to have withdrawn
his or her consent to such test. A blood test may be administered whether or not the
person is told that his or her failure to submit to such a blood test will result in the
suspension of the person’s privilege to operate a motor vehicle upon the public highways
of this state and that a refusal to submit to a lawful test of his or her blood, if his or her
driving privilege has been previously suspended for refusal to submit to a lawful test of
his or her breath, urine, or blood, is a misdemeanor. Any person who is capable of refusal
shall be told that his or her failure to submit to such a blood test will result in the
suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a
first refusal, or for a period of 18 months if the driving privilege of the person has been
suspended previously as a result of a refusal to submit to such a test or tests, and that a
refusal to submit to a lawful test of his or her blood, if his or her driving privilege has
been previously suspended for a prior refusal to submit to a lawful test of his or her
breath, urine, or blood, is a misdemeanor. The refusal to submit to a blood test upon the
request of a law enforcement officer is admissible in evidence in any criminal
proceeding.
If the arresting officer does not request a chemical or
physical breath test of the person arrested for any offense allegedly committed while the
person was driving or was in actual physical control of a motor vehicle while under the
influence of alcoholic beverages or controlled substances, such person may request the
arresting officer to have a chemical or physical test made of the arrested person’s breath
or a test of the urine or blood for the purpose of determining the alcoholic content of the
person’s blood or breath or the presence of chemical substances or controlled substances;
and, if so requested, the arresting officer shall have the test performed.
1. By applying for a driver license and by accepting and using a driver license, the
person holding the driver license is deemed to have expressed his or her consent to the
provisions of this section.
A nonresident or any other person driving in a status exempt from the requirements
of the driver license law, by his or her act of driving in such exempt status, is deemed to
have expressed his or her consent to the provisions of this section.
A warning of the consent provision of this section shall be printed on each new or
renewed driver license.
1. The tests determining the weight of alcohol in the defendant’s blood or breath shall
be administered at the request of a law enforcement officer substantially in accordance
with rules of the Department of Law Enforcement. Such rules must specify precisely the
test or tests that are approved by the Department of Law Enforcement for reliability of
result and ease of administration, and must provide an approved method of administration
which must be followed in all such tests given
under this section. However, the failure of a law enforcement officer to request the
withdrawal of blood does not affect the admissibility of a test of blood withdrawn for
medical purposes.
a. Only a physician, certified paramedic, registered nurse, licensed practical nurse,
other personnel authorized by a hospital to draw blood, or duly licensed clinical
laboratory director, supervisor, technologist, or technician, acting at the request of a law
enforcement officer, may withdraw blood for the purpose of determining its alcoholic
content or the presence of chemical substances or controlled substances therein.
However, the failure of a law enforcement officer to request the withdrawal of blood does
not affect the admissibility of a test of blood withdrawn for medical purposes.
b. Notwithstanding any provision of law pertaining to the confidentiality of hospital
records or other medical records, if a health care provider, who is providing medical care
in a health care facility to a person injured in a motor vehicle crash, becomes aware, as a
result of any blood test performed in the course of that medical treatment, that the
person’s bloodalcohol level meets or exceeds the bloodalcohol level specified in s.
316.193(1)(b), the health care provider may notify any law enforcement officer or law
enforcement agency. Any such notice must be given within a reasonable time after the
health care provider receives the test result. Any such notice shall be used only for the
purpose of providing the law enforcement officer with reasonable cause to request the
withdrawal of a blood sample pursuant to this section.
c. The notice shall consist only of the name of the person being treated, the name of
the person who drew the blood, the bloodalcohol level indicated by the test, and the date
and time of the
administration of the test.
d. Nothing contained in s. 395.3025(4), s. 456.057, or any applicable practice act
affects the authority to provide notice under this section, and the health care provider is
not considered to have breached any duty owed to the person under s. 395.3025(4), s.
456.057, or any applicable practice act by providing notice or failing to provide notice. It
shall not be a breach of any ethical, moral, or legal duty for a health care provider to
provide notice or fail to provide notice.
e. A civil, criminal, or administrative action may not be brought against any person
or health care provider participating in good faith in the provision of notice or failure to
provide notice as provided in this section. Any person or health care provider
participating in the provision of notice or failure to provide notice as provided in this
section shall be immune from any civil or criminal liability and from any professional
disciplinary action with respect to the provision of notice or failure to provide notice
under this section. Any such participant has the same immunity with respect to
participating in any judicial proceedings resulting from the notice or failure to provide
notice.
The person tested may, at his or her own expense, have a physician, registered nurse,
other personnel authorized by a hospital to draw blood, or duly licensed clinical
laboratory director, supervisor, technologist, or technician, or other person of his or her
own choosing administer an independent test in addition to the test administered at the
direction of the law enforcement officer for the purpose of determining the amount of
alcohol in the person’s blood or breath or the presence of chemical substances or
controlled substances at the time alleged, as shown
by chemical analysis of his or her blood or urine, or by chemical or physical test of his or
her breath. The failure or inability to obtain an independent test by a person does not
preclude the admissibility in evidence of the test taken at the direction of the law
enforcement officer. The law enforcement officer shall not interfere with the person’s
opportunity to obtain the independent test and shall provide the person with timely
telephone access to secure the test, but the burden is on the person to arrange and secure
the test at the person’s own expense.
Upon the request of the person tested, full information concerning the results of the
test taken at the direction of the law enforcement officer shall be made available to the
person or his or her attorney. Full information is limited to the following:
a. The type of test administered and the procedures followed.
b. The time of the collection of the blood or breath sample analyzed.
c. The numerical results of the test indicating the alcohol content of the blood and
breath.
d. The type and status of any permit issued by the Department of Law Enforcement
which was held by the person who performed the test.
e. If the test was administered by means of a breath testing instrument, the date of
performance of the most recent required inspection of such instrument.
Full information does not include manuals, schematics, or software of the instrument
used to test the person or any other material that is not in the actual possession of the
state.
Additionally, full information does not include information in the possession of the
manufacturer of the test instrument.
A hospital, clinical laboratory, medical clinic, or similar medical institution or
physician, certified paramedic, registered nurse, licensed practical nurse, other personnel
authorized by a hospital to draw blood, or duly licensed clinical laboratory director,
supervisor, technologist, or technician, or other person assisting a law enforcement
officer does not incur any civil or criminal liability as a result of the withdrawal or
analysis of a blood or urine specimen, or the chemical or physical test of a person’s
breath pursuant to accepted medical standards when requested by a law enforcement
officer, regardless of whether or not the subject resisted administration of the test.
The results of any test administered pursuant to this section for the purpose of
detecting the presence of any controlled substance shall not be admissible as evidence in
a criminal prosecution for the possession of a controlled substance.
Notwithstanding any provision of law pertaining to the confidentiality of hospital
records or other medical records, information relating to the alcoholic content of the
blood or breath or the presence of chemical substances or controlled substances in the
blood obtained pursuant to this section shall be released to a court, prosecuting attorney,
defense attorney, or law enforcement officer in connection with an alleged violation of s.
316.193 upon request for such information.
316.1933. Blood test for impairment or intoxication in cases of death or serious
bodily injury; right to use reasonable force.
(a) If a law enforcement officer has probable cause to believe that a motor vehicle
driven by or in the actual physical control of a person under the influence of alcoholic
beverages, any chemical substances, or any controlled substances has caused the death or
serious bodily injury of a human being, a law enforcement officer shall require the person
driving or in actual physical control of the motor vehicle to submit to a test of the
person’s blood for the purpose of determining the alcoholic content thereof or the
presence of chemical substances as set forth in s. 877.111 or any substance controlled
under chapter 893. The law enforcement officer may use reasonable force if necessary to
require such person to submit to the administration of the blood test. The blood test shall
be performed in a reasonable manner. Notwithstanding s. 316.1932, the testing required
by this paragraph need not be incidental to a lawful arrest of the person.
The term “serious bodily injury” means an injury to any person, including the driver,
which consists of a physical condition that creates a substantial risk of death, serious
personal disfigurement, or protracted loss or impairment of the function of any bodily
member or organ.
(a) Only a physician, certified paramedic, registered nurse, licensed practical nurse,
other personnel authorized by a hospital to draw blood, or duly licensed clinical
laboratory director, supervisor, technologist, or technician, acting at the request of a law
enforcement officer, may withdraw blood for the purpose of determining the alcoholic
content thereof or the presence of chemical substances or controlled substances therein.
However, the failure of a law enforcement officer to request the withdrawal of blood
shall not affect the admissibility of a test of blood
withdrawn for medical purposes.
Notwithstanding any provision of law pertaining to the confidentiality of hospital
records or other medical records, if a health care provider, who is providing medical care
in a health care facility to a person injured in a motor vehicle crash, becomes aware, as a
result of any blood test performed in the course of that medical treatment, that the
person’s bloodalcohol level meets or exceeds the bloodalcohol level specified in s.
316.193(1)(b), the health care provider may notify any law enforcement officer or law
enforcement agency. Any such notice must be given within a reasonable time after the
health care provider receives the test result. Any such notice shall be used only for the
purpose of providing the law enforcement officer with reasonable cause to request the
withdrawal of a blood sample pursuant to this section.
The notice shall consist only of the name of the person being treated, the name of the
person who drew the blood, the bloodalcohol level indicated by the test, and the date and
time of the administration of the test.
Nothing contained in s. 395.3025(4), s. 456.057, or any applicable practice act affects
the authority to provide notice under this section, and the health care provider is not
considered to have breached any duty owed to the person under s. 395.3025(4), s.
456.057, or any applicable practice act by providing notice or failing to provide notice. It
shall not be a breach of any ethical, moral, or legal duty for a health care provider to
provide notice or fail to provide notice.
A civil, criminal, or administrative action may not be brought against any person or
health care provider participating in
good faith in the provision of notice or failure to provide notice as provided in this
section. Any person or health care provider participating in the provision of notice or
failure to provide notice as provided in this section shall be immune from any civil or
criminal liability and from any professional disciplinary action with respect to the
provision of notice or failure to provide notice under this section. Any such participant
has the same immunity with respect to participating in any judicial proceedings resulting
from the notice or failure to provide notice.
A chemical analysis of the person’s blood to determine the alcoholic content thereof
must have been performed substantially in accordance with methods approved by the
Department of Law Enforcement and by an individual possessing a valid permit issued
by the department for this purpose. The Department of Law Enforcement may approve
satisfactory techniques or methods, ascertain the qualifications and competence of
individuals to conduct such analyses, and issue permits that are subject to termination or
revocation at the discretion of the department. Any insubstantial differences between
approved methods or techniques and actual testing procedures, or any insubstantial
defects concerning the permit issued by the department, in any individual case, shall not
render the test or test results invalid.
No hospital, clinical laboratory, medical clinic, or similar medical institution or
physician, certified paramedic, registered nurse, licensed practical nurse, other personnel
authorized by a hospital to draw blood, or duly licensed clinical laboratory director,
supervisor, technologist, or technician, or other person assisting a law enforcement
officer shall incur any civil or
criminal liability as a result of the withdrawal or analysis of a blood specimen pursuant to
accepted medical standards when requested by a law enforcement officer, regardless of
whether or not the subject resisted administration of the test.
(a) Any criminal charge resulting from the incident giving rise to the officer’s
demand for testing shall be tried concurrently with a charge of any violation arising out
of the same incident, unless, in the discretion of the court, such charges should be tried
separately. If such charges are tried separately, the fact that such person refused, resisted,
obstructed, or opposed testing shall be admissible at the trial of the criminal offense
which gave rise to the demand for testing.
The results of any test administered pursuant to this section for the purpose of
detecting the presence of any controlled substance shall not be admissible as evidence in
a criminal prosecution for the possession of a controlled substance.
Notwithstanding any provision of law pertaining to the confidentiality of hospital
records or other medical records, information relating to the alcoholic content of the
blood or the presence of chemical substances or controlled substances in the blood
obtained pursuant to this section shall be released to a court, prosecuting attorney,
defense attorney, or law enforcement officer in connection with an alleged violation of s.
316.193 upon request for such information.
316.1934. Presumption of impairment; testing methods.
It is unlawful and punishable as provided in chapter 322 and in s. 316.193 for any
person who is under the influence of
alcoholic beverages or controlled substances, when affected to the extent that the
person’s normal faculties are impaired or to the extent that the person is deprived of full
possession of normal faculties, to drive or be in actual physical control of any motor
vehicle within this state. Such normal faculties include, but are not limited to, the ability
to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in
emergencies, and, in general, normally perform the many mental and physical acts of
daily life.
At the trial of any civil or criminal action or proceeding arising out of acts alleged to
have been committed by any person while driving, or in actual physical control of, a
vehicle while under the influence of alcoholic beverages or controlled substances, when
affected to the extent that the person’s normal faculties were impaired or to the extent
that he or she was deprived of full possession of his or her normal faculties, the results of
any test administered in accordance with s. 316.1932 or s. 316.1933 and this section are
admissible into evidence when otherwise admissible, and the amount of alcohol in the
person’s blood or breath at the time alleged, as shown by chemical analysis of the
person’s blood, or by chemical or physical test of the person’s breath, gives rise to the
following presumptions:
If there was at that time a bloodalcohol level or breathalcohol level of 0.05 or less,
it is presumed that the person was not under the influence of alcoholic beverages to the
extent that his or her normal faculties were impaired.
If there was at that time a bloodalcohol level or breathalcohol level in excess of
0.05 but less than 0.08, that fact does not give rise to any presumption that the person was
or was not
under the influence of alcoholic beverages to the extent that his or her normal faculties
were impaired but may be considered with other competent evidence in determining
whether the person was under the influence of alcoholic beverages to the extent that his
or her normal faculties were impaired.
If there was at that time a bloodalcohol level or breathalcohol level of 0.08 or
higher, that fact is prima facie evidence that the person was under the influence of
alcoholic beverages to the extent that his or her normal faculties were impaired.
Moreover, such person who has a bloodalcohol level or breathalcohol level of 0.08 or
higher is guilty of driving, or being in actual physical control of, a motor vehicle, with an
unlawful bloodalcohol level or breathalcohol level.
The presumptions provided in this subsection do not limit the introduction of any
other competent evidence bearing upon the question of whether the person was under the
influence of alcoholic beverages to the extent that his or her normal faculties were
impaired.
A chemical analysis of a person’s blood to determine alcoholic content or a chemical
or physical test of a person’s breath, in order to be considered valid under this section,
must have been performed substantially in accordance with methods approved by the
Department of Law Enforcement and by an individual possessing a valid permit issued
by the department for this purpose. Any insubstantial differences between approved
techniques and actual testing procedures or any insubstantial defects concerning the
permit issued by the department, in any individual case do not render the test or test
results invalid. The Department of Law Enforcement may approve satisfactory
techniques or methods, ascertain the qualifications and competence of individuals to
conduct such analyses, and issue permits that are subject to termination or revocation in
accordance with rules adopted by the department.
Any person charged with a violation of s. 316.193, whether in a municipality or not,
is entitled to trial by jury according to the Florida Rules of Criminal Procedure.
An affidavit containing the results of any test of a person’s blood or breath to
determine its alcohol content, as authorized by s. 316.1932 or s. 316.1933, is admissible
in evidence under the exception to the hearsay rule in s. 90.803(8) for public records and
reports. Such affidavit is admissible without further authentication and is presumptive
proof of the results of an authorized test to determine alcohol content of the blood or
breath if the affidavit discloses:
The type of test administered and the procedures followed;
The time of the collection of the blood or breath sample analyzed;
The numerical results of the test indicating the alcohol content of the blood or breath;
The type and status of any permit issued by the Department of Law Enforcement
which was held by the person who performed the test; and
If the test was administered by means of a breath testing instrument, the date of
performance of the most recent required maintenance on such instrument.
The Department of Law Enforcement shall provide a form for the affidavit.
Admissibility of the affidavit does not abrogate the right of the person tested to subpoena
the person who administered the test for examination as an adverse witness at a civil or
criminal trial or other proceeding.
Nothing in this section prohibits the prosecution of a person under s. 322.62. The
provisions of subsection (2) do not apply to such prosecution and the presumptions made
pursuant to that subsection may not be introduced into evidence during such prosecution.
316.1935. Fleeing or attempting to elude a law enforcement officer; aggravated
fleeing or eluding.
It is unlawful for the operator of any vehicle, having knowledge that he or she has
been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully
to refuse or fail to stop the vehicle in compliance with such order or, having stopped in
knowing compliance with such order, willfully to flee in an attempt to elude the officer,
and a person who violates this subsection commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who willfully flees or attempts to elude a law enforcement officer in an
authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional
markings prominently displayed on the vehicle, with siren and lights activated commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any person who willfully flees or attempts to elude a law
enforcement officer in an authorized law enforcement patrol vehicle, with agency
insignia and other jurisdictional markings prominently displayed on the vehicle, with
siren and lights activated, and during the course of the fleeing or attempted eluding:
Drives at high speed, or in any manner which demonstrates a wanton disregard for
the safety of persons or property, commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.
Drives at high speed, or in any manner which demonstrates a wanton disregard for
the safety of persons or property, and causes serious bodily injury or death to another
person, including any law enforcement officer involved in pursuing or otherwise
attempting to effect a stop of the person’s vehicle, commits a felony of the first degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding any
other provision of law, the court shall sentence any person convicted of committing the
offense described in this paragraph to a mandatory minimum sentence of 3 years
imprisonment. Nothing in this paragraph shall prevent a court from imposing a greater
sentence of incarceration as authorized by law.
Any person who, in the course of unlawfully leaving or attempting to leave the scene
of a crash in violation of s. 316.027 or s. 316.061, having knowledge of an order to stop
by a duly authorized law enforcement officer, willfully refuses or fails to stop in
compliance with such an order, or having stopped in knowing compliance with such
order, willfully flees in an attempt to elude such officer and, as a result of such fleeing or
eluding:
Causes injury to another person or causes damage to any property belonging to
another person, commits aggravated fleeing or eluding, a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Causes serious bodily injury or death to another person, including any law
enforcement officer involved in pursuing or otherwise attempting to effect a stop of the
person’s vehicle, commits aggravated fleeing or eluding with serious bodily injury or
death, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
The felony of aggravated fleeing or eluding and the felony of aggravated fleeing or
eluding with serious bodily injury or death constitute separate offenses for which a
person may be charged, in addition to the offenses under ss. 316.027 and 316.061,
relating to unlawfully leaving the scene of a crash, which the person had been in the
course of committing or attempting to commit when the order to stop was given.
Notwithstanding any other provision of law, the court shall sentence any person
convicted of committing aggravated fleeing or eluding with serious bodily injury or death
to a mandatory minimum sentence of 3 years imprisonment. Nothing in this subsection
shall prevent a court from imposing a greater sentence of incarceration as authorized by
law.
The court shall revoke, for a period not less than 1 year nor exceeding 5 years, the
driver license of any operator of a motor vehicle convicted of a violation of subsection
(1), subsection (2), subsection (3), or subsection (4).
Notwithstanding s. 948.01, no court may suspend, defer, or
withhold adjudication of guilt or imposition of sentence for any violation of this section.
A person convicted and sentenced to a mandatory minimum term of incarceration under
paragraph (3)(b) or paragraph (4)(b) is not eligible for statutory gaintime under s.
944.275 or any form of discretionary early release, other than pardon or executive
clemency or conditional medical release under s. 947.149, prior to serving the mandatory
minimum sentence.
Any motor vehicle involved in a violation of this section is deemed to be contraband,
which may be seized by a law enforcement agency and is subject to forfeiture pursuant to
ss. 932.701932.704. Any vehicle not required to be titled under the laws of this state is
presumed to be the property of the person in possession of the vehicle.
316.1936. Possession of open containers of alcoholic beverages in
vehicles prohibited; penalties.
(1) As used in this section, the term:
“Open container” means any container of alcoholic beverage which is immediately
capable of being consumed from, or the seal of which has been broken.
“Road” means a way open to travel by the public, including, but not limited to, a
street, highway, or alley. The term includes associated sidewalks, the roadbed, the right
ofway, and all culverts, drains, sluices, ditches, water storage areas, embankments,
slopes, retaining walls, bridges, tunnels, and viaducts necessary for the maintenance of
travel and all ferries used in connection therewith.
(a) It is unlawful and punishable as provided in this section for any person to possess
an open container of an alcoholic beverage or consume an alcoholic beverage while
operating a vehicle in the state or while a passenger in or on a vehicle being operated in
the state.
It is unlawful and punishable as provided in this section for any person to possess an
open container of an alcoholic beverage or consume an alcoholic beverage while seated
in or on a motor vehicle that is parked or stopped within a road as defined in this section.
Notwithstanding the prohibition contained in this section, passengers in vehicles
designed, maintained, and used primarily for the transportation of persons for
compensation and in motor homes are exempt.
An open container shall be considered to be in the possession of the operator of a
vehicle if the container is not in the possession of a passenger and is not located in a
locked glove compartment, locked trunk, or other locked nonpassenger area of the
vehicle.
An open container shall be considered to be in the possession of a passenger of a
vehicle if the container is in the physical control of the passenger.
This section shall not apply to:
A passenger of a vehicle in which the driver is operating the vehicle pursuant to a
contract to provide transportation for passengers and such driver holds a valid
commercial driver license with a passenger endorsement issued in accordance with the
requirements of chapter 322;
A passenger of a bus in which the driver holds a valid commercial driver license with
a passenger endorsement issued in accordance with the requirements of chapter 322; or
A passenger of a selfcontained motor home which is in excess of 21 feet in length.
Any operator of a vehicle who violates this section is guilty of a noncriminal moving
traffic violation, punishable as provided in chapter 318. A passenger of a vehicle who
violates this section is guilty of a nonmoving traffic violation, punishable as provided in
chapter 318.
A county or municipality may adopt an ordinance which imposes more stringent
restrictions on the possession of alcoholic beverages in vehicles than those imposed by
this section.
Nothing in this section prohibits the enforcement of s. 316.302.
A bottle of wine that has been resealed and is transported pursuant to s. 564.09 is not
an open container under the provisions of this section.
316.1937. Ignition interlock devices, requiring; unlawful acts.
In addition to any other authorized penalties, the court may require that any person
who is convicted of driving under the influence in violation of s. 316.193 shall not
operate a motor vehicle unless that vehicle is equipped with a functioning ignition
interlock device certified by the department as provided in s. 316.1938, and installed in
such a manner that the vehicle will not
start if the operator’s blood alcohol level is in excess of 0.025 percent or as otherwise
specified by the court. The court may require the use of an approved ignition interlock
device for a period of at least 6 continuous months, if the person is permitted to operate a
motor vehicle, whether or not the privilege to operate a motor vehicle is restricted, as
determined by the court. The court, however, shall order placement of an ignition
interlock device in those circumstances required by s. 316.193.
If the court imposes the use of an ignition interlock device, the court shall:
Stipulate on the record the requirement for, and the period of, the use of a certified
ignition interlock device.
Order that the records of the department reflect such requirement.
Order that an ignition interlock device be installed, as the court may determine
necessary, on any vehicle owned or operated by the person.
Determine the person’s ability to pay for installation of the device if the person
claims inability to pay. If the court determines that the person is unable to pay for
installation of the device, the court may order that any portion of a fine paid by the person
for a violation of s. 316.193 shall be allocated to defray the costs of installing the device.
Require proof of installation of the device and periodic reporting to the department
for verification of the operation of the device in the person’s vehicle.
If the court imposes the use of an ignition interlock device
on a person whose driving privilege is not suspended or revoked, the court shall require
the person to provide proof of compliance to the department within 30 days. If the person
fails to provide proof of installation within that period, absent a finding by the court of
good cause for that failure which is entered in the court record, the court shall notify the
department.
If the court imposes the use of an ignition interlock device on a person whose driving
privilege is suspended or revoked for a period of less than 3 years, the department shall
require proof of compliance before reinstatement of the person’s driving privilege.
(a) In addition to any other provision of law, upon conviction of a violation of this
section the department shall revoke the person’s driving privilege for 1 year from the date
of conviction. Upon conviction of a separate violation of this section during the same
period of required use of an ignition interlock device, the department shall revoke the
person’s driving privilege for 5 years from the date of conviction.
Any person convicted of a violation of subsection (6) who does not have a driver
license shall, in addition to any other penalty provided by law, pay a fine of not less than
$250 or more than $500 per each such violation. In the event that the person is unable to
pay any such fine, the fine shall become a lien against the motor vehicle used in violation
of subsection (6) and payment shall be made pursuant to s. 316.3025(5).
(a) It is unlawful to tamper with, or to circumvent the operation of, a courtordered
ignition interlock device.
It is unlawful for any person whose driving privilege is restricted pursuant to this
section to request or solicit any other
person to blow into an ignition interlock device or to start a motor vehicle equipped with
the device for the purpose of providing the person so restricted with an operable motor
vehicle.
It is unlawful to blow into an ignition interlock device or to start a motor vehicle
equipped with the device for the purpose of providing an operable motor vehicle to a
person whose driving privilege is restricted pursuant to this section.
It is unlawful to knowingly lease or lend a motor vehicle to a person who has had his
or her driving privilege restricted as provided in this section, unless the vehicle is
equipped with a functioning, certified ignition interlock device. Any person whose
driving privilege is restricted under a condition of probation requiring an ignition
interlock device shall notify any other person who leases or loans a motor vehicle to him
or her of such driving restriction.
Notwithstanding the provisions of this section, if a person is required to operate a
motor vehicle in the course and scope of his or her employment and if the vehicle is
owned or leased by the employer, the person may operate that vehicle without installation
of an approved ignition interlock device if the employer has been notified of such driving
privilege restriction. Proof of that notification must be with the vehicle. This employment
exemption does not apply, however, if the business entity which owns the vehicle is
owned or controlled by the person whose driving privilege has been restricted.
In addition to the penalties provided in this section, a violation of this section is a
noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter
318.
316.1939. Refusal to submit to testing; penalties.
Any person who has refused to submit to a chemical or physical test of his or her
breath, blood, or urine, as described in s. 316.1932, and whose driving privilege was
previously suspended for a prior refusal to submit to a lawful test of his or her breath,
urine, or blood, and:
Who the arresting law enforcement officer had probable cause to believe was driving
or in actual physical control of a motor vehicle in this state while under the influence of
alcoholic beverages, chemical substances, or controlled substances;
Who was placed under lawful arrest for a violation of s. 316.193 unless such test was
requested pursuant to s. 316.1932(1) (c);
Who was informed that, if he or she refused to submit to such test, his or her
privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the
case of a second or subsequent refusal, for a period of 18 months;
Who was informed that a refusal to submit to a lawful test of his or her breath, urine,
or blood, if his or her driving privilege has been previously suspended for a prior refusal
to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor; and
Who, after having been so informed, refused to submit to any such test when
requested to do so by a law enforcement officer or correctional officer
commits a misdemeanor of the first degree and is subject to punishment as provided
in s. 775.082 or s. 775.083.
The disposition of any administrative proceeding that relates to the suspension of a
person’s driving privilege does not affect a criminal action under this section.
The disposition of a criminal action under this section does not affect any
administrative proceeding that relates to the suspension of a person’s driving privilege.
The department’s records showing that a person’s license has been previously suspended
for a prior refusal to submit to a lawful test of his or her breath, urine, or blood shall be
admissible and shall create a rebuttable presumption of such suspension.
316.194. Stopping, standing or parking outside of
municipalities.
Upon any highway outside of a municipality, no person shall stop, park, or leave
standing any vehicle, whether attended or unattended, upon the paved or maintraveled
part of the highway when it is practicable to stop, park, or so leave the vehicle off such
part of the highway; but in every event an unobstructed width of the highway opposite a
standing vehicle shall be left for the free passage of other vehicles, and a clear view of the
stopped vehicle shall be available from a distance of 200 feet in each direction upon the
highway.
This section shall not apply to the driver or owner of any vehicle which is disabled
while on the paved or maintraveled portion of a highway in such manner and to such
extent that it is impossible to avoid stopping and temporarily leaving the disabled vehicle
in such position, or to passengercarrying buses temporarily parked while loading or
discharging passengers, where highway conditions render such parking off the paved
portion of the highway hazardous or impractical.
(a) Whenever any police officer or traffic accident investigation officer finds a
vehicle standing upon a highway in violation of any of the foregoing provisions of this
section, the officer is authorized to move the vehicle, or require the driver or other
persons in charge of the vehicle to move the vehicle, to a position off the paved or main
traveled part of the highway.
Officers and traffic accident investigation officers may provide for the removal of
any abandoned vehicle to the nearest garage or other place of safety, cost of such removal
to be a lien against motor vehicle, when an abandoned vehicle is found unattended upon a
bridge or causeway or in any tunnel, or on any public highway in the following instances:
Where such vehicle constitutes an obstruction of traffic;
Where such vehicle has been parked or stored on the public rightofway for a period
exceeding 48 hours, in other than designated parking areas, and is within 30 feet of the
pavement edge; and
Where an operative vehicle has been parked or stored on the public rightofway for a
period exceeding 10 days, in other than designated parking areas, and is more than 30
feet from the pavement edge. However, the agency removing such vehicle shall be
required to report same to the Department of Highway Safety and Motor Vehicles within
24 hours of such removal.
Any vehicle moved under the provisions of this chapter which is a stolen vehicle
shall not be subject to the provisions hereof unless the moving authority has reported to
the Florida
Highway Patrol the taking into possession of the vehicle within 24 hours of the moving
of the vehicle.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.1945. Stopping, standing, or parking prohibited in specified
places.
Except when necessary to avoid conflict with other traffic, or in compliance with law
or the directions of a police officer or official traffic control device, no person shall:
(a) Stop, stand, or park a vehicle:
On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
On a sidewalk.
Within an intersection.
On a crosswalk.
Between a safety zone and the adjacent curb or within 30 feet of points on the curb
immediately opposite the ends of a safety zone, unless the Department of Transportation
indicates a different length by signs or markings.
Alongside or opposite any street excavation or obstruction when stopping, standing,
or parking would obstruct traffic.
Upon any bridge or other elevated structure upon a highway or within a highway
tunnel.
On any railroad tracks.
On a bicycle path.
At any place where official traffic control devices prohibit stopping.
On the roadway or shoulder of a limited access facility, except as provided by
regulation of the Department of Transportation, or on the paved portion of a connecting
ramp; except that a vehicle which is disabled or in a condition improper to be driven as a
result of mechanical failure or crash may be parked on such shoulder for a period not to
exceed 6 hours. This provision is not applicable to a person stopping a vehicle to render
aid to an injured person or assistance to a disabled vehicle in obedience to the directions
of a law enforcement officer or to a person stopping a vehicle in compliance with
applicable traffic laws.
For the purpose of loading or unloading a passenger on the paved roadway or
shoulder of a limited access facility or on the paved portion of any connecting ramp. This
provision is not applicable to a person stopping a vehicle to render aid to an injured
person or assistance to a disabled vehicle.
Stand or park a vehicle, whether occupied or not, except momentarily to pick up or
discharge a passenger or passengers:
In front of a public or private driveway.
Within 15 feet of a fire hydrant.
Within 20 feet of a crosswalk at an intersection.
Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control
signal located at the side of a roadway.
Within 20 feet of the driveway entrance to any fire station and on the side of a street
opposite the entrance to any fire station within 75 feet of such entrance (when property
signposted).
On an exclusive bicycle lane.
At any place where official traffic control devices prohibit standing.
Park a vehicle, whether occupied or not, except temporarily for the purpose of, and
while actually engaged in, loading or unloading merchandise or passengers:
Within 50 feet of the nearest rail of a railroad crossing unless the Department of
Transportation establishes a different distance due to unusual circumstances.
At any place where official signs prohibit parking.
No person shall move a vehicle not lawfully under his or her control into any such
prohibited area or away from a curb such a distance as is unlawful.
A law enforcement officer or parking enforcement specialist who discovers a vehicle
parked in violation of this section or a municipal or county ordinance may:
Issue a ticket form as may be used by a political subdivision or municipality to the
driver; or
If the vehicle is unattended, attach such ticket to the vehicle in a conspicuous place,
except that the uniform traffic citation prepared by the department pursuant to s. 316.650
may not be issued by being attached to an unattended vehicle.
The uniform traffic citation prepared by the department pursuant to s. 316.650 may
not be issued for violation of a municipal or county parking ordinance.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.195. Additional parking regulations.
Except as otherwise provided in this section, every vehicle stopped or parked upon a
twoway roadway shall be so stopped or parked with the righthand wheels parallel to and
within 12 inches of the righthand curb or edge of the roadway.
Except when otherwise provided by local ordinance, every vehicle stopped or parked
upon a oneway roadway shall be so stopped or parked parallel to the curb or edge of the
roadway, in the direction of authorized traffic movement, with its righthand wheels
within 12 inches of the righthand curb or edge of the roadway, or its left wheels within
12 inches of the lefthand curb or edge of the roadway.
Local authorities may, by ordinance, permit angle parking on any roadway, except
that angle parking shall not be permitted on any state road unless the Department of
Transportation has determined by resolution or order entered in its minutes that the
roadway is of sufficient width to permit angle parking without interfering with the free
movement of traffic.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.1951. Parking for certain purposes prohibited; sale of
motor vehicles; prohibited acts.
It is unlawful for any person to park a motor vehicle, as defined in s. 320.01, upon a
public street or highway, a public parking lot, or other public property, or upon private
property where the public has the right to travel by motor vehicle, for the principal
purpose and intent of displaying the motor vehicle thereon for sale, hire, or rental unless
the sale, hire, or rental of the motor vehicle is specifically authorized on such property by
municipal or county regulation and the person is in compliance with all municipal or
county licensing regulations.
The provisions of subsection (1) do not prohibit a person from parking his or her own
motor vehicle or his or her other personal property on any private real property which the
person owns or leases or on private real property which the person does not own or lease,
but for which he or she obtains the permission of the owner, or on the public street
immediately adjacent thereto, for the principal purpose and intent of sale, hire, or rental.
Subsection (1) does not prohibit a licensed motor vehicle dealer from displaying for
sale or offering for sale motor vehicles at locations other than the dealer’s licensed
location if the dealer has been issued a supplemental license for offpremises sales, as
provided in s. 320.27(5), and has complied with the requirements in subsection (1). A
vehicle displayed for sale by a licensed dealer at any location other than the dealer’s
licensed location is subject to immediate removal without warning.
A local government may adopt an ordinance to allow the towing of a motor vehicle
parked in violation of this section. A law enforcement officer, compliance officer, code
enforcement
officer from any local government agency, or supervisor of the department may issue a
citation and cause to be immediately removed at the owner’s expense any motor vehicle
found in violation of subsection (1), except as provided in subsections (2) and (3), or in
violation of subsection (5), subsection (6), subsection (7), or subsection (8), and the
owner shall be assessed a penalty as provided in s. 318.18(21) by the government agency
or authority that orders immediate removal of the motor vehicle. A motor vehicle
removed under this section shall not be released from an impound or towing and storage
facility before a release form prescribed by the department has been completed verifying
that the fine has been paid to the government agency or authority that ordered immediate
removal of the motor vehicle. However, the owner may pay towing and storage charges
to the towing and storage facility pursuant to s. 713.78 before payment of the fine or
before the release form has been completed.
It is unlawful to offer a vehicle for sale if the vehicle identification number has been
destroyed, removed, covered, altered, or defaced, as described in s. 319.33(1)(d). A
vehicle found in violation of this subsection is subject to immediate removal without
warning.
It is unlawful to knowingly attach to any motor vehicle a registration that was not
assigned or lawfully transferred to the vehicle pursuant to s. 320.261. A vehicle found in
violation of this subsection is subject to immediate removal without warning.
It is unlawful to display or offer for sale a vehicle that does not have a valid
registration as provided in s. 320.02. A vehicle found in violation of this subsection is
subject to immediate removal without warning. This subsection does not apply to
vehicles and recreational vehicles being offered for sale through motor vehicle auctions
as defined in s. 320.27(1)(c)4.
A vehicle is subject to immediate removal without warning if it bears a telephone
number that has been displayed on three or more vehicles offered for sale within a 12
month period.
Any other provision of law to the contrary notwithstanding, a violation of subsection
(1), subsection (5), subsection (6), subsection (7), or subsection (8) shall subject the
owner of such motor vehicle to towing fees reasonably necessitated by removal and
storage of the motor vehicle and a fine as required by s. 318.18.
This section does not prohibit the governing body of a municipality or county, with
respect to streets, highways, or other property under its jurisdiction, from regulating the
parking of motor vehicles for any purpose.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318, unless otherwise mandated by general
law.
316.1955. Enforcement of parking requirements for persons who have
disabilities.
It is unlawful for any person to stop, stand, or park a vehicle within, or to obstruct,
any such specially designated and marked parking space provided in accordance with s.
553.5041, unless the vehicle displays a disabled parking permit issued under s. 316.1958
or s. 320.0848 or a license plate issued under s.
320.084, s. 320.0842, s. 320.0843, or s. 320.0845, and the vehicle is transporting the
person to whom the displayed permit is issued.
The violation may not be dismissed for failure of the marking on the parking space to
comply with s. 553.5041 if the space is in general compliance and is clearly
distinguishable as a designated accessible parking space for people who have disabilities.
Only a warning may be issued for unlawfully parking in a space designated for persons
with disabilities if there is no abovegrade sign as provided in s. 553.5041.
Whenever a law enforcement officer, a parking enforcement specialist, or the owner
or lessee of the space finds a vehicle in violation of this subsection, that officer, owner, or
lessor shall have the vehicle in violation removed to any lawful parking space or facility
or require the operator or other person in charge of the vehicle immediately to remove the
unauthorized vehicle from the parking space. Whenever any vehicle is removed under
this section to a storage lot, garage, or other safe parking space, the cost of the removal
and parking constitutes a lien against the vehicle.
The officer or specialist shall charge the operator or other person in charge of the
vehicle in violation with a noncriminal traffic infraction, punishable as provided in s.
316.008(4) or s. 318.18(6). The owner of a leased vehicle is not responsible for a
violation of this section if the vehicle is registered in the name of the lessee.
All convictions for violations of this section must be reported to the Department of
Highway Safety and Motor Vehicles by the clerk of the court.
A law enforcement officer or a parking enforcement specialist has the right to
demand to be shown the person’s
disabled parking permit and driver license or state identification card when investigating
the possibility of a violation of this section. If such a request is refused, the person in
charge of the vehicle may be charged with resisting an officer without violence, as
provided in s. 843.02.
It is unlawful for any person to obstruct the path of travel to an accessible parking
space, curb cut, or access aisle by standing or parking a vehicle within any such
designated area. The violator is subject to the same penalties as are imposed for illegally
parking in a space that is designated as an accessible parking space for persons who have
disabilities.
Any person who is chauffeuring a person who has a disability is allowed, without
need for a disabled parking permit or a special license plate, to stand temporarily in any
such parking space, for the purpose of loading or unloading the person who has a
disability. A penalty may not be imposed upon the driver for such temporary standing.
(a) A vehicle that is transporting a person who has a disability and that has been
granted a permit under s. 320.0848(1)
may be parked for a maximum of 30 minutes in any parking space reserved for persons
who have disabilities.
Notwithstanding paragraph (a), a theme park or an entertainment complex as defined
in s. 509.013(9) which provides parking in designated areas for persons who have
disabilities may allow any vehicle that is transporting a person who has a disability to
remain parked in a space reserved for persons who have disabilities throughout the period
the theme park is open to the public for that day.
316.1957. Parking violations; designated parking spaces for persons who have
disabilities.
When evidence is presented in any court of the fact that any motor vehicle was
parked in a properly designated parking space for persons who have disabilities in
violation of s. 316.1955, it is prima facie evidence that the vehicle was parked and left in
the space by the person, firm, or corporation in whose name the vehicle is registered and
licensed according to the records of the department.
316.1958. Outofstate vehicles bearing identification of issuance to
persons who have disabilities.
Motor vehicles displaying a special license plate or parking permit issued to a person
who has a disability by any other state or district subject to the laws of the United States
or by a foreign country that issues disabled parking permits that display the international
symbol of accessibility are recognized as displaying a valid license plate or permit, that
allows such a vehicle special parking privileges under s. 316.1955, if the other state or
district grants reciprocal recognition for residents of this state who have disabilities.
However, when an individual is required by law to have a Florida driver license or a
Florida vehicle registration, a special motor vehicle license plate or parking permit issued
by another state, district, or country to persons who have disabilities is not valid and the
individual whose vehicle displays such an invalid plate or permit is subject to the same
penalty as an individual whose vehicle does not display a valid plate or permit. A law
enforcement officer or parking enforcement specialist may not ticket a vehicle for a
violation of s. 316.1955 without first
determining whether the vehicle is transporting a resident of another state who is the
owner of the outofstate placard.
316.1959. Handicapped parking enforcement.
316.1964. Exemption of vehicles transporting certain persons who have
disabilities from payment of parking fees and penalties.
A state agency, county, municipality, or any agency thereof, may not exact any fee
for parking on the public streets or highways or in any metered parking space from the
driver of a vehicle that displays:
A disabled parking permit or a license plate issued under s. 316.1958 or s. 320.0848;
or
A license plate issued under s. 320.084, s. 320.0842, s. 320.0843, or s. 320.0845.
Such exemptions apply only if the vehicle is transporting the person who has a
disability and to whom the disabled parking permit or license plate was issued.
The driver of a vehicle that is parked as provided in subsection (1) may not be
penalized for parking, except in clearly defined bus loading zones, fire zones, or access
aisles adjacent to
the parking spaces for persons who have disabilities, or in areas posted as “No Parking”
zones or as emergency vehicle zones, or for parking in excess of the posted time limits.
Notwithstanding subsection (1), when a state, county, or municipal parking facility or
lot is being used in connection with an event at a convention center, cruiseport terminal,
sports stadium, sports arena, coliseum, or auditorium, the parking facility may charge a
person whose vehicle displays such a parking permit a parking fee in the same manner
and amount as it charges other persons.
A parking facility that restricts the number of consecutive days that a vehicle may be
parked may impose that same restriction on a vehicle that displays a disabled parking
permit issued to a person who has a disability.
Notwithstanding subsection (1), when an onstreet parking meter restricts the
duration of time that a vehicle may be parked, a vehicle properly displaying a disabled
parking permit is allowed a maximum of 4 hours at no charge; however, local
governments may extend such time by local ordinance.
A parking facility that leases a parking space for a duration that exceeds 1 week is
not required to reduce the fee for a lessee who is disabled.
An airport that owns, operates, or leases parking facilities, or any other parking
facilities that are used for the purpose of air travel, may charge for parking vehicles that
display a disabled parking permit or license tag issued under s. 316.1958, s. 320.0843, or
s. 320.0848. However, the governing body of each publicly owned or publicly operated
airport must grant free
parking to a vehicle:
Displaying a license plate for disabled veterans issued under s. 320.084, s. 320.0842,
or s. 320.0845;
With specialized equipment, such as ramps, lifts, or foot or hand controls, for use by
a person who has a disability; or
Displaying the Florida Toll Exemption permit.
Notwithstanding subsection (1), a county, municipality, or any agency thereof may
charge for parking in a facility or lot that provides timed parking spaces any vehicle that
displays a disabled parking permit, except for a vehicle:
With specialized equipment, such as ramps, lifts, or foot or hand controls, for use by
a person who has a disability;
Displaying a license plate for disabled veterans issued under s. 320.084, s. 320.0842,
or s. 320.0845; or
Displaying the Florida Toll Exemption permit.
316.1965. Parking near rural mailbox during certain hours; penalties.
Whoever parks any vehicle within 30 feet of any rural mailbox upon any state
highway in this state between 8 a.m. and 6 p.m. shall be cited for a nonmoving violation,
punishable as provided in chapter 318.
316.1967. Liability for payment of parking ticket violations and other parking
violations.
The owner of a vehicle is responsible and liable for
payment of any parking ticket violation unless the owner can furnish evidence, when
required by this subsection, that the vehicle was, at the time of the parking violation, in
the care, custody, or control of another person. In such instances, the owner of the vehicle
is required, within a reasonable time after notification of the parking violation, to furnish
to the appropriate law enforcement authorities an affidavit setting forth the name,
address, and driver license number of the person who leased, rented, or otherwise had the
care, custody, or control of the vehicle. The affidavit submitted under this subsection is
admissible in a proceeding charging a parking ticket violation and raises the rebuttable
presumption that the person identified in the affidavit is responsible for payment of the
parking ticket violation. The owner of a vehicle is not responsible for a parking ticket
violation if the vehicle involved was, at the time, stolen or in the care, custody, or control
of some person who did not have permission of the owner to use the vehicle. The owner
of a leased vehicle is not responsible for a parking ticket violation and is not required to
submit an affidavit or the other evidence specified in this section, if the vehicle is
registered in the name of the person who leased the vehicle.
person who leased the vehicle, by mail to the address given on the motor vehicle
registration, of the ticket. Mailing the notice to this address constitutes notification. Upon
notification, the registered owner or registered lessee shall comply with the court’s
directive.
Any person who fails to satisfy the court’s directive waives his or her right to pay the
applicable civil penalty.
Any person who elects to appear before a designated official to present evidence
waives his or her right to pay the civil penalty provisions of the ticket. The official, after
a hearing, shall make a determination as to whether a parking violation has been
committed and may impose a civil penalty not to exceed $100 or the fine amount
designated by county ordinance, plus court costs. Any person who fails to pay the civil
penalty within the time allowed by the court is deemed to have been convicted of a
parking ticket violation, and the court shall take appropriate measures to enforce
collection of the fine.
Any provision of subsections (2), (3), and (4) to the contrary notwithstanding,
chapter 318 does not apply to violations of county parking ordinances and municipal
parking ordinances.
Any county or municipality may provide by ordinance that the clerk of the court or
the traffic violations bureau shall supply the department with a magnetically encoded
computer tape reel or cartridge or send by other electronic means data which is machine
readable by the installed computer system at the department, listing persons who have
three or more outstanding parking violations, including violations of s. 316.1955. Each
county shall provide by ordinance that the clerk of the court or the traffic violations
bureau shall supply the department with a magnetically
encoded computer tape reel or cartridge or send by other electronic means data that is
machine readable by the installed computer system at the department, listing persons who
have any outstanding violations of s. 316.1955 or any similar local ordinance that
regulates parking in spaces designated for use by persons who have disabilities. The
department shall mark the appropriate registration records of persons who are so
reported. Section 320.03(8) applies to each person whose name appears on the list.
316.1974. Funeral procession rightofway and liability.
(1) DEFINITIONS.—
“Funeral director” and “funeral establishment” shall have the same meaning as set
forth in s. 497.005.
“Funeral procession” means two or more vehicles accompanying the body of a
deceased person, or traveling to the church, chapel, or other location at which the funeral
service is to be held, in the daylight hours, including a funeral lead vehicle or a funeral
escort vehicle.
“Funeral lead vehicle” means any authorized law enforcement or nonlaw
enforcement motor vehicle properly equipped pursuant to subsection (2) or a funeral
escort vehicle being used to lead and facilitate the movement of a funeral procession. A
funeral hearse may serve as a funeral lead vehicle.
“Funeral escort” means a person or entity that provides escort services for funeral
processions, including law enforcement personnel and agencies.
“Funeral escort vehicle” means any motor vehicle that is properly equipped pursuant
to subsection (2) and which escorts a funeral procession.
(2) EQUIPMENT.—
All nonlaw enforcement funeral escort vehicles and funeral lead vehicles shall be
equipped with at least one lighted circulation lamp exhibiting an amber or purple light or
lens visible under normal atmospheric conditions for a distance of 500 feet from the front
of the vehicle. Flashing amber or purple lights may be used only when such vehicles are
used in a funeral procession.
Any law enforcement funeral escort vehicle may be equipped with red, blue, or
amber flashing lights which meet the criteria established in paragraph (a).
FUNERAL PROCESSION RIGHTOFWAY; FUNERAL ESCORT VEHICLES;
FUNERAL LEAD VEHICLES.—
Regardless of any traffic control device or rightofway provisions prescribed by
state or local ordinance, pedestrians and operators of all vehicles, except as stated in
paragraph (c), shall yield the rightofway to any vehicle which is part of a funeral
procession being led by a funeral escort vehicle or a funeral lead vehicle.
When the funeral lead vehicle lawfully enters an intersection, either by reason of a
traffic control device or at the direction of law enforcement personnel, the remaining
vehicles in the funeral procession may follow through the intersection regardless of any
traffic control devices or rightofway provisions prescribed by state or local law.
Funeral processions shall have the rightofway at intersections regardless of traffic
control devices, subject to the following conditions and exceptions:
Operators of vehicles in a funeral procession shall yield the rightofway to an
approaching emergency vehicle giving an audible or visible signal.
Operators of vehicles in a funeral procession shall yield the rightofway when
directed to do so by a police officer.
Operators of vehicles in a funeral procession must exercise due care when
participating in a funeral procession.
(4) DRIVING IN PROCESSION.—
All vehicles comprising a funeral procession shall follow the preceding vehicle in the
funeral procession as closely as is practical and safe.
Any ordinance, law, or regulation stating that motor vehicles shall be operated to
allow sufficient space enabling any other vehicle to enter and occupy such space without
danger shall not be applicable to vehicles in a funeral procession.
Each vehicle which is part of a funeral procession shall have its headlights, either
high or low beam, and tail lights lighted and may also use the flashing hazard lights if the
vehicle is so equipped.
(5) LIABILITY.—
Liability for any death, personal injury, or property damage suffered on or after
October 1, 1997, by any person in a funeral procession shall not be imposed upon the
funeral director or
funeral establishment or their employees or agents unless such death, personal injury, or
property damage is proximately caused by the negligent or intentional act of an employee
or agent of the funeral director or funeral establishment.
A funeral director, funeral establishment, funeral escort, or other participant that
leads, organizes, or participates in a funeral procession in accordance with this section
shall be presumed to have acted with reasonable care.
Except for a grossly negligent or intentional act by a funeral director or funeral
establishment, there shall be no liability on the part of a funeral director or funeral
establishment for failing, on or after October 1, 1997, to use reasonable care in the
planning or selection of the route to be followed by the funeral procession.
VIOLATIONS.—A violation of this section is a noncriminal traffic infraction,
punishable pursuant to chapter 318 as a nonmoving violation for infractions of subsection
(2), a pedestrian violation for infractions of subsection (3), or as a moving violation for
infractions of subsection (3) or subsection
if the infraction resulted from the operation of a vehicle.
316.1975. Unattended motor vehicle.
A person driving or in charge of any motor vehicle may not permit it to stand
unattended without first stopping the engine, locking the ignition, and removing the key.
A vehicle may not be permitted to stand unattended upon any perceptible grade without
stopping the engine and effectively setting the brake thereon and turning the front wheels
to the curb or side of the street. A violation of this section is a noncriminal traffic
infraction,
punishable as a nonmoving violation as provided in chapter 318.
(2) This section does not apply to the operator of:
An authorized emergency vehicle while in the performance of official duties and the
vehicle is equipped with an activated antitheft device that prohibits the vehicle from
being driven;
A licensed delivery truck or other delivery vehicle while making deliveries;
A solid waste or recovered materials collection vehicle while collecting such items;
or
A vehicle that is started by remote control while the ignition, transmission, and doors
are locked.
316.1985. Limitations on backing.
The driver of a vehicle shall not back the same unless such movement can be made
with safety and without interfering with other traffic.
The driver of a vehicle shall not back the same upon any shoulder or roadway of any
limited access facility.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.1995. Driving upon sidewalk or bicycle path.
Except as provided in s. 316.008 or s. 316.212(8), a person may not drive any vehicle
other than by human power upon a bicycle path, sidewalk, or sidewalk area, except upon
a permanent or duly authorized temporary driveway.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
This section does not apply to motorized wheelchairs.
316.2004. Obstruction to driver’s view or driving mechanism.
No person shall drive a vehicle when it is so loaded, or when there are in the front
seat such a number of persons, as to obstruct the view of the driver to the front or sides of
the vehicle or as to interfere with the driver’s control over the driving mechanism of the
vehicle.
(a) No passenger in a vehicle shall ride in such position as to interfere with the
driver’s view ahead or to the sides or with the driver’s control over the driving
mechanism of the vehicle.
No person shall drive any motor vehicle with any sign, poster, or other
nontransparent material upon the front windshield, side wings, or side or rear windows of
such vehicle which materially obstructs, obscures, or impairs the driver’s clear view of
the highway or any intersecting highway.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.2005. Opening and closing vehicle doors.
No person shall open any door on a motor vehicle unless and until it is reasonably
safe to do so and can be done without interfering with the movement of other traffic, nor
shall any person leave a door open on the side of a vehicle available to
moving traffic for a period of time longer than necessary to load or unload passengers. A
violation of this section is a noncriminal traffic infraction, punishable as a nonmoving
violation as provided in chapter 318.
316.2014. Riding in house trailers.
No person or persons shall occupy a house trailer while it is being moved upon a
public street or highway. A violation of this section is a noncriminal traffic infraction,
punishable as a nonmoving violation as provided in chapter 318.
316.2015. Unlawful for person to ride on exterior of vehicle.
It is unlawful for any operator of a passenger vehicle to permit any person to ride on
the bumper, radiator, fender, hood, top, trunk, or running board of such vehicle when
operated upon any street or highway which is maintained by the state, county, or
municipality. Any person who violates this subsection shall be cited for a moving
violation, punishable as provided in chapter 318.
(a) No person shall ride on any vehicle upon any portion thereof not designed or
intended for the use of passengers. This paragraph does not apply to an employee of a fire
department, an employee of a governmentally operated solid waste disposal department
or a waste disposal service operating pursuant to a contract with a governmental entity, or
to a volunteer firefighter when the employee or firefighter is engaged in the necessary
discharge of a duty, and does not apply to a person who is being transported in response
to an emergency by a public agency or pursuant to the direction or authority of a public
agency. This
paragraph does not apply to an employee engaged in the necessary discharge of a duty or
to a person or persons riding within truck bodies in space intended for merchandise.
It is unlawful for any operator of a pickup truck or flatbed truck to permit a minor
child who has not attained 18 years of age to ride upon limited access facilities of the
state within the open body of a pickup truck or flatbed truck unless the minor is restrained
within the open body in the back of a truck that has been modified to include secure
seating and safety restraints to prevent the passenger from being thrown, falling, or
jumping from the truck. This paragraph does not apply in a medical emergency if the
child is accompanied within the truck by an adult. A county is exempt from this
paragraph if the governing body of the county, by majority vote, following a noticed
public hearing, votes to exempt the county from this paragraph.
Any person who violates this subsection shall be cited for a nonmoving violation,
punishable as provided in chapter 318.
This section shall not apply to a performer engaged in a professional exhibition or
person participating in an exhibition or parade, or any such person preparing to
participate in such exhibitions or parades.
316.2025. Following fire apparatus prohibited.
No driver of any vehicle other than an authorized emergency vehicle on official
business shall follow any fire apparatus traveling in response to a fire alarm closer than
500 feet or drive into or park such vehicle within the block where fire apparatus has
stopped in answer to a fire alarm. A violation of this section is
a noncriminal traffic infraction, punishable 318 as a moving violation for following
apparatus or as a nonmoving violation for apparatus.
pursuant to chapter too close to a fire parking near a fire
316.2034. Crossing fire hose.
No vehicle shall be driven over any unprotected hose of a fire department when laid
down on any street or highway, or private road or driveway, to be used at any fire or
alarm of fire, without the consent of the fire department official in command. A violation
of this section is a noncriminal traffic infraction, punishable as a moving violation as
provided in chapter 318.
316.2035. Injurious substances prohibited; dragging vehicle or load;
obstructing, digging, etc.
It is unlawful to place or allow to be placed upon any street or highway any tacks,
wire, scrap metal, glass, crockery, or other substance which may be injurious to the feet
of persons or animals or to the tires of vehicles or in any way injurious to the road.
It is unlawful to allow any vehicle or contrivance or any part of same, or any load or
portion of a load carried on the same, to drag upon any street or highway.
It is unlawful to obstruct, dig up, or in any way disturb any street or highway.
However, this subsection shall not be construed so as to hinder or prevent the installation
or replacement of any utilities in accordance with the provisions of law now existing or
that may hereafter be enacted.
It is unlawful for any vehicle to be equipped with any solid tires or any airlesstype
tire on any motordriven vehicle when operated upon a highway.
A violation of this section is a noncriminal traffic infraction, punishable pursuant to
chapter 318 as either a nonmoving violation for infractions of subsection (1) or
subsection (3) or as a moving violation for infractions of subsection (2) or subsection
(4).
316.2044. Removal of injurious substances.
Any person who drops, or permits to be dropped or thrown, upon any street or
highway any destructive or injurious material shall immediately remove the same or
cause it to be removed.
Any person removing a wrecked or damaged vehicle from a street or highway shall
remove any glass or other injurious substance dropped upon the highway from such
vehicle.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.2045. Obstruction of public streets, highways, and roads.
It is unlawful for any person or persons willfully to obstruct the free, convenient, and
normal use of any public street, highway, or road by impeding, hindering, stifling,
retarding, or restraining traffic or passage thereon, by standing or approaching motor
vehicles thereon, or by endangering the safe movement of vehicles or pedestrians
traveling thereon; and any person or persons who violate the provisions of this
subsection, upon
conviction, shall be cited for a pedestrian violation, punishable as provided in chapter
318.
It is unlawful, without proper authorization or a lawful permit, for any person or
persons willfully to obstruct the free, convenient, and normal use of any public street,
highway, or road by any of the means specified in subsection (1) in order to solicit. Any
person who violates the provisions of this subsection is guilty of a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083. Organizations
qualified under s. 501(c)
(3) of the Internal Revenue Code and registered pursuant to chapter 496, or persons or
organizations acting on their behalf are exempted from the provisions of this subsection
for activities on streets or roads not maintained by the state. Permits for the use of any
portion of a statemaintained road or rightofway shall be required only for those
purposes and in the manner set out in s. 337.406.
Permits for the use of any street, road, or rightofway not maintained by the state
may be issued by the appropriate local government. An organization that is qualified
under s. 501(c)(3) of the Internal Revenue Code
and registered under chapter 496, or a
person or organization acting on behalf of that organization, is exempt from local
requirements for a permit issued under this subsection for charitable solicitation activities
on or along streets or roads that are not maintained by the state under the following
conditions:
The organization, or the person or organization acting on behalf of the organization,
must provide all of the following to the local government:
No fewer than 14 calendar days prior to the proposed solicitation, the name and
address of the person or organization that will perform the solicitation and the name and
address of the organization that will receive funds from the solicitation.
For review and comment, a plan for the safety of all persons participating in the
solicitation, as well as the motoring public, at the locations where the solicitation will
take place.
Specific details of the location or locations of the proposed solicitation and the hours
during which the solicitation activities will occur.
Proof of commercial general liability insurance against claims for bodily injury and
property damage occurring on streets, roads, or rightsofway or arising from the
solicitor’s activities or use of the streets, roads, or rightsofway by the solicitor or the
solicitor’s agents, contractors, or employees. The insurance shall have a limit of not less
than $1 million per occurrence for the general aggregate. The certificate of insurance
shall name the local government as an additional insured and shall be filed with the local
government no later than 72 hours before the date of the solicitation.
Proof of registration with the Department of Agriculture and Consumer Services
pursuant to s. 496.405 or proof that the soliciting organization is exempt from the
registration requirement.
Organizations or persons meeting the requirements of subparagraphs (a)1.5. may
solicit for a period not to exceed 10 cumulative days within 1 calendar year.
All solicitation shall occur during daylight hours only.
Solicitation activities shall not interfere with the safe and efficient movement of
traffic and shall not cause danger to the participants or the public.
No person engaging in solicitation activities shall persist after solicitation has been
denied, act in a demanding or harassing manner, or use any sound or voiceamplifying
apparatus or device.
All persons participating in the solicitation shall be at least 18 years of age and shall
possess picture identification.
Signage providing notice of the solicitation shall be posted at least 500 feet before
the site of the solicitation.
The local government may stop solicitation activities if any conditions or
requirements of this subsection are not met.
Nothing in this section shall be construed to inhibit political campaigning on the
public rightofway or to require a permit for such activity.
Notwithstanding the provisions of subsection (1), any commercial vehicle used solely
for the purpose of collecting solid waste or recyclable or recovered materials may stop or
stand on any public street, highway, or road for the sole purpose of collecting solid waste
or recyclable or recovered materials. However, such solid waste or recyclable or
recovered materials collection vehicle shall show or display amber flashing hazard lights
at all times that it is engaged in stopping or standing for the purpose of collecting solid
waste or recyclable or recovered materials. Local governments may establish reasonable
regulations governing the standing and stopping of such commercial vehicles, provided
that such regulations are applied uniformly and without regard to the ownership of the
vehicles.
316.2051. Certain vehicles prohibited on hardsurfaced roads.
It is unlawful to operate upon any hardsurfaced road in this state any log cart,
tractor, or well machine; any steeltired vehicle other than the ordinary farm wagon or
buggy; or any other vehicle or machine that is likely to damage a hardsurfaced road
except to cause ordinary wear and tear on the same. A violation of this section is a
noncriminal traffic infraction, punishable as a moving violation as provided in chapter
318.
316.2055. Motor vehicles, throwing advertising materials in.
It is unlawful for any person on a public street, highway, or sidewalk in the state to
throw into, or attempt to throw into, any motor vehicle, or offer, or attempt to offer, to
any occupant of any motor vehicle, whether standing or moving, or to place or throw into
any motor vehicle any advertising or soliciting materials or to cause or secure any person
or persons to do any one of such unlawful acts.
316.2061. Stop when traffic obstructed.
No driver shall enter an intersection or a marked crosswalk unless there is sufficient
space on the other side of the intersection or crosswalk to accommodate the vehicle the
driver is operating without obstructing the passage of other vehicles or pedestrians,
notwithstanding any traffic control signal indication to proceed. A
violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.2065. Bicycle regulations.
Every person propelling a vehicle by human power has all of the rights and all of the
duties applicable to the driver of any other vehicle under this chapter, except as to special
regulations in this chapter, and except as to provisions of this chapter which by their
nature can have no application.
A person operating a bicycle may not ride other than upon or astride a permanent and
regular seat attached thereto.
(a) A bicycle may not be used to carry more persons at one time than the number for
which it is designed or equipped, except that an adult rider may carry a child securely
attached to his or her person in a backpack or sling.
Except as provided in paragraph (a), a bicycle rider must carry any passenger who is
a child under 4 years of age, or who weighs 40 pounds or less, in a seat or carrier that is
designed to carry a child of that age or size and that secures and protects the child from
the moving parts of the bicycle.
A bicycle rider may not allow a passenger to remain in a child seat or carrier on a
bicycle when the rider is not in immediate control of the bicycle.
A bicycle rider or passenger who is under 16 years of age must wear a bicycle helmet
that is properly fitted and is fastened securely upon the passenger’s head by a strap and
that meets the federal safety standard for bicycle helmets, final rule, 16 C.F.R.
part 1203. A helmet purchased before October 1, 2012, which meets the standards of the
American National Standards Institute (ANSI Z 90.4 Bicycle Helmet Standards), the
standards of the Snell Memorial Foundation (1984 Standard for Protective Headgear for
Use in Bicycling), or any other nationally recognized standards for bicycle helmets
adopted by the department may continue to be worn by a bicycle rider or passenger until
January 1, 2016. As used in this subsection, the term “passenger” includes a child who is
riding in a trailer or semitrailer attached to a bicycle.
Law enforcement officers and school crossing guards may issue a bicycle safety
brochure and a verbal warning to a bicycle rider or passenger who violates this
subsection. A bicycle rider or passenger who violates this subsection may be issued a
citation by a law enforcement officer and assessed a fine for a pedestrian violation, as
provided in s. 318.18. The court shall dismiss the charge against a bicycle rider or
passenger for a first violation of paragraph (d) upon proof of purchase of a bicycle helmet
that complies with this subsection.
No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle may
attach the same or himself or herself to any vehicle upon a roadway. This subsection does
not prohibit attaching a bicycle trailer or bicycle semitrailer to a bicycle if that trailer or
semitrailer is commercially available and has been designed for such attachment.
(a) Any person operating a bicycle upon a roadway at less than the normal speed of
traffic at the time and place and under the conditions then existing shall ride in the lane
marked for bicycle use or, if no lane is marked for bicycle use, as close as
practicable to the righthand curb or edge of the roadway except under any of the
following situations:
When overtaking and passing another bicycle or vehicle proceeding in the same
direction.
When preparing for a left turn at an intersection or into a private road or driveway.
When reasonably necessary to avoid any condition or potential conflict, including,
but not limited to, a fixed or moving object, parked or moving vehicle, bicycle,
pedestrian, animal, surface hazard, turn lane, or substandardwidth lane, which makes it
unsafe to continue along the righthand curb or edge or within a bicycle lane. For the
purposes of this subsection, a “substandardwidth lane” is a lane that is too narrow for a
bicycle and another vehicle to travel safely side by side within the lane.
Any person operating a bicycle upon a oneway highway with two or more marked
traffic lanes may ride as near the lefthand curb or edge of such roadway as practicable.
Persons riding bicycles upon a roadway may not ride more than two abreast except
on paths or parts of roadways set aside for the exclusive use of bicycles. Persons riding
two abreast may not impede traffic when traveling at less than the normal speed of traffic
at the time and place and under the conditions then existing and shall ride within a single
lane.
Every bicycle in use between sunset and sunrise shall be equipped with a lamp on the
front exhibiting a white light visible from a distance of at least 500 feet to the front and a
lamp and reflector on the rear each exhibiting a red light visible from a
distance of 600 feet to the rear. A bicycle or its rider may be equipped with lights or
reflectors in addition to those required by this section. A law enforcement officer may
issue a bicycle safety brochure and a verbal warning to a bicycle rider who violates this
subsection or may issue a citation and assess a fine for a pedestrian violation as provided
in s. 318.18. The court shall dismiss the charge against a bicycle rider for a first violation
of this subsection upon proof of purchase and installation of the proper lighting
equipment.
No parent of any minor child and no guardian of any minor ward may authorize or
knowingly permit any such minor child or ward to violate any of the provisions of this
section.
A person propelling a vehicle by human power upon and along a sidewalk, or across
a roadway upon and along a crosswalk, has all the rights and duties applicable to a
pedestrian under the same circumstances.
A person propelling a bicycle upon and along a sidewalk, or across a roadway upon
and along a crosswalk, shall yield the rightofway to any pedestrian and shall give an
audible signal before overtaking and passing such pedestrian.
No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or
similar device, may go upon any roadway except while crossing a street on a crosswalk;
and, when so crossing, such person shall be granted all rights and shall be subject to all of
the duties applicable to pedestrians.
This section shall not apply upon any street while set aside as a play street authorized
herein or as designated by state, county, or municipal authority.
Every bicycle shall be equipped with a brake or brakes which will enable its rider to
stop the bicycle within 25 feet from a speed of 10 miles per hour on dry, level, clean
pavement.
A person engaged in the business of selling bicycles at retail shall not sell any
bicycle unless the bicycle has an identifying number permanently stamped or cast on its
frame.
(a) A person may not knowingly rent or lease any bicycle to be ridden by a child who
is under the age of 16 years unless:
The child possesses a bicycle helmet; or
The lessor provides a bicycle helmet for the child to wear.
A violation of this subsection is a nonmoving violation, punishable as provided in s.
318.18.
The court may waive, reduce, or suspend payment of any fine imposed under
subsection (3) or subsection (15) and may impose any other conditions on the waiver,
reduction, or suspension. If the court finds that a person does not have sufficient funds to
pay the fine, the court may require the performance of a specified number of hours of
community service or attendance at a safety seminar.
Notwithstanding s. 318.21, all proceeds collected pursuant to s. 318.18 for violations
under paragraphs (3)(e) and (15)(b) shall be deposited into the State Transportation Trust
Fund.
The failure of a person to wear a bicycle helmet or the failure of a parent or guardian
to prevent a child from riding a bicycle without a bicycle helmet may not be considered
evidence of negligence or contributory negligence.
Except as otherwise provided in this section, a violation of this section is a
noncriminal traffic infraction, punishable as a pedestrian violation as provided in chapter
318. A law enforcement officer may issue traffic citations for a violation of subsection
(3) or subsection (15) only if the violation occurs on a bicycle path or road, as defined in
s. 334.03. However, a law enforcement officer may not issue citations to persons on
private property, except any part thereof which is open to the use of the public for
purposes of vehicular traffic.
316.2069. Commercial megacycles.
316.2074. Allterrain vehicles.
It is the intent of the Legislature through the adoption of this
section to provide safety protection for minors while operating an allterrain vehicle in
this state.
As used in this section, the term “allterrain vehicle” means any motorized off
highway vehicle 50 inches or less in width, having a dry weight of 1,200 pounds or less,
designed to travel on three or more nonhighway tires, and manufactured for recreational
use by one or more persons. For the purposes of this section, “allterrain vehicle” also
includes a “tworider ATV” as defined in s. 317.0003.
No person under 16 years of age shall operate, ride, or be otherwise propelled on an
allterrain vehicle unless the person wears a safety helmet meeting United States
Department of Transportation standards and eye protection.
If a crash results in the death of any person or in the injury of any person which
results in treatment of the person by a physician, the operator of each allterrain vehicle
involved in the crash shall give notice of the crash pursuant to s. 316.066.
Except as provided in this section, an allterrain vehicle may not be operated upon
the public roads, streets, or highways of this state, except as otherwise permitted by the
managing state or federal agency.
An allterrain vehicle having four wheels may be used by police officers on public
beaches designated as public roadways for the purpose of enforcing the traffic laws of the
state. Allterrain vehicles may also be used by the police to travel on public roadways
within 5 miles of beach access only when getting to and from the beach.
An allterrain vehicle having four wheels may be used by law enforcement officers
on public roads within public lands while in the course and scope of their duties.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.208. Motorcycles and mopeds.
Any person operating a motorcycle or moped shall be granted all of the rights and
shall be subject to all of the duties applicable to the driver of any other vehicle under this
chapter, except as to special regulations in this chapter and except as to those provisions
of this chapter which by their nature can have no application.
(a) Any person operating a moped upon a roadway at less than the normal speed of
traffic at the time and place and under the conditions then existing shall ride as close as
practicable to the righthand curb or edge of the roadway except under any of the
following situations:
When overtaking or passing another vehicle proceeding in the same direction.
When preparing for a left turn at an intersection or into a private road or driveway.
When reasonably necessary to avoid any condition, including, but not limited to, a
fixed or moving object, parked or moving vehicle, bicycle, pedestrian, animal, surface
hazard, or substandardwidth lane, that makes it unsafe to continue along the righthand
curb or edge. For purposes of this paragraph, a
“substandardwidth lane” is a lane that is too narrow for a moped and another vehicle to
travel safely side by side within the lane.
Any person operating a moped upon a oneway highway with two or more marked
traffic lanes may ride as near the lefthand curb or edge of such roadway as practicable.
A person propelling a moped solely by human power upon and along a sidewalk, or
across a roadway upon and along a crosswalk, has all the rights and duties applicable to a
pedestrian under the same circumstances, except that such person shall yield the rightof
way to any pedestrian and shall give an audible signal before overtaking and passing a
pedestrian.
No person shall propel a moped upon and along a sidewalk while the motor is
operating.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.2085. Riding on motorcycles or mopeds.
A person operating a motorcycle or moped shall ride only upon the permanent and
regular seat attached thereto, and such operator shall not carry any other person, nor shall
any other person ride on a motorcycle or moped, unless such motorcycle or moped is
designed to carry more than one person, in which event a passenger may ride upon the
permanent and regular seat if designed for two persons or upon another seat firmly
attached to the motorcycle or moped at the rear or side of the operator.
A person shall ride upon a motorcycle or moped only while sitting astride the seat,
with both wheels on the ground at all
times, facing forward, and with one leg on each side of the motorcycle or moped.
However, it is not a violation of this subsection if the wheels of a motorcycle or moped
lose contact with the ground briefly due to the condition of the road surface or other
circumstances beyond the control of the operator.
The license tag of a motorcycle or moped must be permanently affixed to the vehicle
and remain clearly visible from the rear at all times. Any deliberate act to conceal or
obscure the legibility of the license tag of a motorcycle is prohibited. The license tag of a
motorcycle or moped may be affixed horizontally to the ground so that the numbers and
letters read from left to right. Alternatively, a license tag for a motorcycle or moped for
which the numbers and letters read from top to bottom may be affixed perpendicularly to
the ground. Notwithstanding the authorization to affix the license tag of a motorcycle or
moped perpendicularly to the ground, the owner or operator of a motorcycle or moped
shall pay any required toll pursuant to s. 316.1001 by whatever means available.
No person shall operate a motorcycle or moped while carrying any package, bundle,
or other article which prevents the person from keeping both hands on the handlebars.
No operator shall carry any person, nor shall any person ride, in a position that will
interfere with the operation or control of the motorcycle or moped or the view of the
operator.
A person under 16 years of age may not:
Operate a motorcycle that has a motor with more than 150 cubic centimeters
displacement.
(b) Rent a motorcycle or a moped.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.209. Operating motorcycles on roadways laned for traffic.
All motorcycles are entitled to full use of a lane and no motor vehicle shall be driven
in such manner as to deprive any motorcycle of the full use of a lane. This subsection
shall not apply to motorcycles operated two abreast in a single lane.
The operator of a motorcycle shall not overtake and pass in the same lane occupied
by the vehicle being overtaken.
No person shall operate a motorcycle between lanes of traffic or between adjacent
lines or rows of vehicles.
Motorcycles shall not be operated more than two abreast in a single lane.
Subsections (2) and (3) do not apply to police officers or firefighters in the
performance of their official duties.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.2095. Footrests, handholds, and handlebars.
Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be
equipped with footrests for such passenger.
No person shall operate any motorcycle with handlebars or
with handgrips that are higher than the top of the shoulders of the person operating the
motorcycle while properly seated upon the motorcycle.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.211. Equipment for motorcycle and moped riders.
A person may not operate or ride upon a motorcycle unless the person is properly
wearing protective headgear securely fastened upon his or her head which complies with
Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States
Department of Transportation. The Department of Highway Safety and Motor Vehicles
shall adopt this standard by agency rule.
A person may not operate a motorcycle unless the person is wearing an eye
protective device over his or her eyes of a type approved by the department.
(a) This section does not apply to persons riding within an enclosed cab or to any
person 16 years of age or older who is operating or riding upon a motorcycle powered by
a motor with a displacement of 50 cubic centimeters or less or is rated not in excess of 2
brake horsepower and which is not capable of propelling such motorcycle at a speed
greater than 30 miles per hour on level ground.
Notwithstanding subsection (1), a person over 21 years of age may operate or ride
upon a motorcycle without wearing protective headgear securely fastened upon his or her
head if such person is covered by an insurance policy providing for at least
$10,000 in medical benefits for injuries incurred as a result of a crash while operating or
riding on a motorcycle.
A person under 16 years of age may not operate or ride upon a moped unless the
person is properly wearing protective headgear securely fastened upon his or her head
which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by
the United States Department of Transportation.
The department shall make available a list of protective headgear approved in this
section, and the list shall be provided on request.
Each motorcycle registered to a person under 21 years of age must display a license
plate that is unique in design and color.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.212. Operation of golf carts on certain roadways.
The operation of a golf cart upon the public roads or streets of this state is prohibited
except as provided herein:
A golf cart may be operated only upon a county road that has been designated by a
county, a municipal street that has been designated by a municipality, or a twolane
county road located within the jurisdiction of a municipality designated by that
municipality, for use by golf carts. Prior to making such a designation, the responsible
local governmental entity must first determine that golf carts may safely travel on or
cross the public road or street, considering factors including the speed, volume, and
character of motor vehicle traffic using the road or street.
Upon a determination that golf carts may be safely operated on a designated road or
street, the responsible governmental entity shall post appropriate signs to indicate that
such operation is allowed.
A golf cart may be operated on a part of the State Highway System only under the
following conditions:
To cross a portion of the State Highway System which intersects a county road or
municipal street that has been designated for use by golf carts if the Department of
Transportation has reviewed and approved the location and design of the crossing and
any traffic control devices needed for safety purposes.
To cross, at midblock, a part of the State Highway System where a golf course is
constructed on both sides of the highway if the Department of Transportation has
reviewed and approved the location and design of the crossing and any traffic control
devices needed for safety purposes.
A golf cart may be operated on a state road that has been designated for transfer to a
local government unit pursuant to s. 335.0415 if the Department of Transportation
determines that the operation of a golf cart within the rightofway of the road will not
impede the safe and efficient flow of motor vehicular traffic. The department may
authorize the operation of golf carts on such a road if:
The road is the only available public road along which golf carts may travel or cross
or the road provides the safest travel route among alternative routes available; and
The speed, volume, and character of motor vehicular traffic using the road is
considered in making such a determination.
Upon its determination that golf carts may be operated on a given road, the
department shall post appropriate signs on the road to indicate that such operation is
allowed.
Notwithstanding any other provision of this section, a golf cart may be operated for
the purpose of crossing a street or highway where a single mobile home park is located
on both sides of the street or highway and is divided by that street or highway, provided
that the governmental entity having original jurisdiction over such street or highway shall
review and approve the location of the crossing and require implementation of any traffic
controls needed for safety purposes. This subsection shall apply only to residents or
guests of the mobile home park. If notice is posted at the entrance and exit of any mobile
home park where residents of the park operate golf carts or electric vehicles within the
confines of the park, it is not necessary for the park to have a gate or other device at the
entrance and exit in order for such golf carts or electric vehicles to be lawfully operated
in the park.
Notwithstanding any other provision of this section, if authorized by the Division of
Recreation and Parks of the Department of Environmental Protection, a golf cart may be
operated on a road that is part of the State Park Road System if the posted speed limit is
35 miles per hour or less.
A golf cart may be operated only during the hours between sunrise and sunset, unless
the responsible governmental entity has determined that a golf cart may be operated
during the hours between sunset and sunrise and the golf cart is equipped with
headlights, brake lights, turn signals, and a windshield.
A golf cart must be equipped with efficient brakes, reliable steering apparatus, safe
tires, a rearview mirror, and red reflectorized warning devices in both the front and rear.
A golf cart may not be operated on public roads or streets by any person under the
age of 14.
A local governmental entity may enact an ordinance relating to:
Golf cart operation and equipment which is more restrictive than those enumerated in
this section. Upon enactment of such ordinance, the local governmental entity shall post
appropriate signs or otherwise inform the residents that such an ordinance exists and that
it will be enforced within the local government’s jurisdictional territory. An ordinance
referred to in this section must apply only to an unlicensed driver.
Golf cart operation on sidewalks adjacent to specific segments of municipal streets,
county roads, or state highways within the jurisdictional territory of the local
governmental entity if:
The local governmental entity determines, after considering the condition and current
use of the sidewalks, the character of the surrounding community, and the locations of
authorized golf cart crossings, that golf carts, bicycles, and pedestrians may safely share
the sidewalk;
The local governmental entity consults with the Department of Transportation before
adopting the ordinance;
The ordinance restricts golf carts to a maximum speed of 15 miles per hour and
permits such use on sidewalks adjacent to state highways only if the sidewalks are at least
8 feet wide;
The ordinance requires the golf carts to meet the equipment requirements in
subsection (6). However, the ordinance may require additional equipment, including
horns or other warning devices required by s. 316.271; and
The local governmental entity posts appropriate signs or otherwise informs residents
that the ordinance exists and applies to such sidewalks.
A violation of this section is a noncriminal traffic infraction, punishable pursuant to
chapter 318 as a moving violation for infractions of subsections (1)(5) or a local
ordinance corresponding thereto and enacted pursuant to subsection (8), or punishable
pursuant to chapter 318 as a nonmoving violation for infractions of subsection (6),
subsection (7), or a local ordinance corresponding thereto and enacted pursuant to
subsection (8).
316.2122. Operation of a lowspeed vehicle or mini truck on certain roadways.
The operation of a lowspeed vehicle as defined in s. 320.01 or a mini truck as
defined in s. 320.01 on any road is authorized with the following restrictions:
A lowspeed vehicle or mini truck may be operated only on streets where the posted
speed limit is 35 miles per hour or less. This does not prohibit a lowspeed vehicle or
mini truck from crossing a road or street at an intersection where the road or street has a
posted speed limit of more than 35 miles per hour.
A lowspeed vehicle must be equipped with headlamps, stop lamps, turn signal
lamps, taillamps, reflex reflectors, parking brakes, rearview mirrors, windshields, seat
belts, and vehicle identification numbers.
A lowspeed vehicle or mini truck must be registered and insured in accordance with
s. 320.02 and titled pursuant to chapter 319.
Any person operating a lowspeed vehicle or mini truck must have in his or her
possession a valid driver license.
A county or municipality may prohibit the operation of lowspeed vehicles or mini
trucks on any road under its jurisdiction if the governing body of the county or
municipality determines that such prohibition is necessary in the interest of safety.
The Department of Transportation may prohibit the operation of lowspeed vehicles
or mini trucks on any road under its jurisdiction if it determines that such prohibition is
necessary in the interest of safety.
316.2123. Operation of an ATV on certain roadways.
The operation of an ATV, as defined in s. 317.0003, upon the public roads or streets
of this state is prohibited, except that an ATV may be operated during the daytime on an
unpaved roadway where the posted speed limit is less than 35 miles per hour.
A county is exempt from this section if the governing body of the county, by majority
vote, following a noticed public hearing, votes to exempt the county from this section.
Alternatively, a county may, by majority vote after such a
hearing, designate certain unpaved roadways where an ATV may be operated during the
daytime as long as each such designated roadway has a posted speed limit of less than 35
miles per hour and is appropriately marked to indicate permissible ATV use.
Any ATV operation that is permitted under subsection (1) or subsection (2) may be
undertaken only by a licensed driver or a minor who is under the direct supervision of a
licensed driver. The operator must provide proof of ownership under chapter 317 upon
the request of a law enforcement officer.
316.2125. Operation of golf carts within a retirement community.
Notwithstanding the provisions of s. 316.212, the reasonable operation of a golf cart,
equipped and operated as provided in s. 316.212 (5), (6), and (7), within any self
contained retirement community is permitted unless prohibited under subsection (2).
(a) A county or municipality may prohibit the operation of golf carts on any street or
highway under its jurisdiction if the governing body of the county or municipality
determines that such prohibition is necessary in the interest of safety.
The Department of Transportation may prohibit the operation of golf carts on any
street or highway under its jurisdiction if it determines that such prohibition is necessary
in the interest of safety.
A local governmental entity may enact an ordinance regarding golf cart operation and
equipment which is more restrictive than those enumerated in this section. Upon
enactment
of any such ordinance, the local governmental entity shall post appropriate signs or
otherwise inform the residents that such an ordinance exists and that it shall be enforced
within the local government’s jurisdictional territory. An ordinance referred to in this
section must apply only to an unlicensed driver.
316.2126. Authorized use of golf carts, lowspeed vehicles, and utility
vehicles.
In addition to the powers granted by ss. 316.212 and 316.2125, municipalities are
authorized to use golf carts and utility vehicles, as defined in s. 320.01, upon any state,
county, or municipal roads located within the corporate limits of such municipalities,
subject to the following conditions:
Golf carts and utility vehicles must comply with the operational and safety
requirements in ss. 316.212 and 316.2125, and with any more restrictive ordinances
enacted by the local governmental entity pursuant to s. 316.212(8), and shall be operated
only by municipal employees for municipal purposes, including, but not limited to, police
patrol, traffic enforcement, and inspection of public facilities.
In addition to the safety equipment required in s. 316.212(6) and any more restrictive
safety equipment required by the local governmental entity pursuant to s. 316.212(8),
such golf carts and utility vehicles must be equipped with sufficient lighting and turn
signal equipment.
Golf carts and utility vehicles may be operated only on state roads that have a posted
speed limit of 30 miles per hour or less.
Golf carts and utility vehicles may cross a portion of the
State Highway System which has a posted speed limit of 45 miles per hour or less only at
an intersection with an official traffic control device.
Golf carts and utility vehicles may operate on sidewalks adjacent to state highways
only if such golf carts and utility vehicles yield to pedestrians and if the sidewalks are at
least 5 feet wide.
State employees, state park volunteers, and state park visitors are authorized to use
golf carts and utility vehicles, as defined in s. 320.01, upon any public roads within the
boundaries of state parks managed by the Division of Recreation and Parks of the
Department of Environmental Protection, subject to the following conditions:
Golf carts and utility vehicles must comply with the operational and safety
requirements in s. 316.212.
Golf carts and utility vehicles shall be operated only by state employees and state
park volunteers for state purposes and by state park visitors for uses authorized by the
Division of Recreation and Parks of the Department of Environmental Protection.
(3) (a) As used in this subsection, the term:
“Golf cart” means a motor vehicle as defined in s. 320.01(22), including vehicles
modified to have a cargo platform or bin to transport parcels or a hitch to tow a trailer.
“Residential area” means areas zoned primarily or exclusively for singlefamily or
multifamily residential use.
“Seasonal delivery personnel” means employees of a licensed commercial delivery
service that has at least 10,000 persons employed in this state.
Seasonal delivery personnel may use the following vehicles solely for the purpose of
delivering express envelopes and packages having a maximum size of 130 inches for the
combined length and girth and weighing not more than 150 pounds from midnight
October 15 until midnight January 31 of each year:
Lowspeed vehicles and utility vehicles as defined in s. 320.01 upon any public road
within a residential area that has a posted speed limit of 35 miles per hour or less.
Golf carts upon a public road within a residential area that has a posted speed limit of
30 miles per hour or less.
Golf carts upon a public road within a residential area that has a posted speed limit of
30 to 35 miles per hour, unless a municipality having jurisdiction over the public road has
enacted an ordinance restricting personnel from driving on such roads.
Seasonal delivery personnel may pull a trailer from any of these vehicles.
(c) All vehicles specified in this subsection must be:
Marked in a conspicuous manner with the name of the delivery service.
Equipped with, at a minimum, the equipment required under s. 316.212(6).
Equipped with head lamps and tail lamps, in addition to the safety requirements in s.
316.212(6), if operated after sunset.
Anyone operating a golf cart, lowspeed vehicle, or utility vehicle pursuant to this
section must possess a valid driver license as required by s. 322.03.
316.21265. Use of allterrain vehicles, golf carts, lowspeed vehicles, or utility
vehicles by law enforcement agencies.
Notwithstanding any provision of law to the contrary, any law enforcement agency in
this state may operate allterrain vehicles as defined in s. 316.2074, golf carts as defined
in s. 320.01, lowspeed vehicles as defined in s. 320.01, or utility vehicles as defined in s.
320.01 on any street, road, or highway in this state while carrying out its official duties.
Such vehicles must be clearly marked as vehicles of a law enforcement agency and
may be equipped with special warning lights, signaling devices, or other equipment
approved or authorized for use on law enforcement vehicles.
The vehicle operator and passengers must wear safety gear, such as helmets, which is
ordinarily required for use by operators or passengers on such vehicles.
316.2127. Operation of utility vehicles on certain roadways by homeowners’
associations.
The operation of a utility vehicle, as defined in s. 320.01, upon the public roads or
streets of this state by a homeowners’ association, as defined in s. 720.301, or its agents is
prohibited except as provided herein:
A utility vehicle may be operated by a homeowners’ association or its agents only
upon a county road that has been
designated by a county, or a city street that has been designated by a city, for use by a
utility vehicle for general maintenance, security, and landscaping purposes. Prior to
making such a designation, the responsible local governmental entity must first determine
that utility vehicles may safely travel on or cross the public road or street, considering
factors including the speed, volume, and character of motor vehicle traffic on the road or
street. Upon a determination that utility vehicles may be safely operated on a designated
road or street, the responsible governmental entity shall post appropriate signs to indicate
that such operation is allowed.
A utility vehicle may be operated by a homeowners’ association or its agents on a
portion of the State Highway System only under the following conditions:
To cross a portion of the State Highway System which intersects a county road or a
city street that has been designated for use by utility vehicles if the Department of
Transportation has reviewed and approved the location and design of the crossing and
any traffic control devices needed for safety purposes.
To cross, at midblock, a portion of the State Highway System where the highway
bisects property controlled or maintained by a homeowners’ association if the
Department of Transportation has reviewed and approved the location and design of the
crossing and any traffic control devices needed for safety purposes.
To travel on a state road that has been designated for transfer to a local government
unit pursuant to s. 335.0415 if the Department of Transportation determines that the
operation of a
utility vehicle within the rightofway of the road will not impede the safe and efficient
flow of motor vehicle traffic. The department may authorize the operation of utility
vehicles on such a road if:
The road is the only available public road on which utility vehicles may travel or
cross or the road provides the safest travel route among alternative routes available; and
The speed, volume, and character of motor vehicle traffic on the road is considered in
making such a determination.
Upon its determination that utility vehicles may be operated on a given road, the
department shall post appropriate signs on the road to indicate that such operation is
allowed.
A utility vehicle may be operated by a homeowners’ association or its agents only
during the hours between sunrise and sunset, unless the responsible governmental entity
has determined that a utility vehicle may be operated during the hours between sunset
and sunrise and the utility vehicle is equipped with headlights, brake lights, turn signals,
and a windshield.
A utility vehicle must be equipped with efficient brakes, a reliable steering apparatus,
safe tires, a rearview mirror, and red reflectorized warning devices in both the front and
the rear.
A utility vehicle may not be operated on public roads or streets by any person under
the age of 14.
A violation of this section is a noncriminal traffic infraction, punishable pursuant to
chapter 318 as either a moving violation for infractions of subsection (1), subsection (2),
subsection (3), or subsection (4) or as a nonmoving violation for infractions of
subsection (5).
316.215. Scope and effect of regulations.
It is a violation of this chapter for any person to drive or move, or for the owner to
cause or knowingly permit to be driven or moved, on any highway any vehicle, or
combination of vehicles, which is in such unsafe condition as to endanger any person,
which does not contain those parts or is not at all times equipped with such lamps and
other equipment in proper condition and adjustment as required in this chapter, or which
is equipped in any manner in violation of this chapter, or for any person to do any act
forbidden, or fail to perform any act required, under this chapter.
Nothing contained in this chapter shall be construed to prohibit the use of additional
parts and accessories on any vehicle not inconsistent with the provisions of this chapter.
The provisions of this chapter with respect to equipment required on vehicles shall
not apply to implements of husbandry, road machinery, road rollers, or farm tractors
except as herein made applicable.
The provisions of this chapter with respect to equipment required on vehicles shall
not apply to motorcycles or motordriven cycles, except as herein made applicable.
The provisions of this chapter and 49 C.F.R. part 393, with respect to number,
visibility, distribution of light, and mounting height requirements for headlamps,
auxiliary lamps, and turn signals shall not apply to a frontend loading collection vehicle,
when:
The frontend loading mechanism and container or containers are in the lowered
position;
The vehicle is engaged in collecting solid waste or recyclable or recovered materials;
and
The vehicle is being operated at speeds less than 20 miles per hour with the vehicular
hazardwarning lights activated.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.217. When lighted lamps are required.
Every vehicle operated upon a highway within this state shall display lighted lamps
and illuminating devices as herein respectively required for different classes of vehicles,
subject to exceptions with respect to parked vehicles, under the following conditions;
At any time from sunset to sunrise including the twilight hours. Twilight hours shall
mean the time between sunset and full night or between full night and sunrise.
During any rain, smoke, or fog.
Stop lights, turn signals, and other signaling devices shall be lighted as prescribed for
use of such devices.
Whenever requirement is hereinafter declared as to the distance from which certain
lamps and devices shall render objects visible, said provisions shall apply during the
times stated in subsection (1) in respect to a vehicle without load when upon a straight,
level, unlighted highway under normal atmospheric
conditions, unless a different time or condition is expressly stated.
Whenever requirement is hereinafter declared as to the mounted height of lamps or
devices, it shall mean from the center of such lamp or device to the level ground upon
which the vehicle stands when the vehicle is without a load.
Law enforcement vehicles may be operated without the display of lighted lamps
required by this chapter under the following conditions:
Operation without the display of lighted lamps is necessary to the performance of a
law enforcement officer’s duties.
The law enforcement agency has a written policy authorizing and providing
guidelines for vehicle operation without the display of lighted lamps.
The law enforcement vehicle is operated in compliance with agency policy.
The operation without the display of lighted lamps may be safely accomplished.
The provisions of this subsection shall not relieve the operator of such a vehicle from
the duty to drive with due regard for the safety of all persons, nor shall such provisions
protect the vehicle operator from the consequences of his or her reckless disregard for the
safety of others.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.220. Headlamps on motor vehicles.
Every motor vehicle shall be equipped with at least two headlamps with at least one
on each side of the front of the motor vehicle, which headlamps shall comply with the
requirements and limitations set forth in this chapter, and shall show a white light. An
object, material, or covering that alters the headlamp’s light color may not be placed,
displayed, installed, affixed, or applied over a headlamp.
Every headlamp upon every motor vehicle shall be located at a height of not more
than 54 inches nor less than 24 inches to be measured as set forth in s. 316.217.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.221. Taillamps.
Every motor vehicle, trailer, semitrailer, and pole trailer, and any other vehicle which
is being drawn at the end of a combination of vehicles, shall be equipped with at least two
taillamps mounted on the rear, which, when lighted as required in s. 316.217, shall emit a
red light plainly visible from a distance of 1,000 feet to the rear, except that passenger
cars and pickup trucks manufactured or assembled prior to January 1, 1972, which were
originally equipped with only one taillamp shall have at least one taillamp. On a
combination of vehicles, only the taillamps on the rearmost vehicle need actually be seen
from the distance specified. On vehicles equipped with more than one taillamp, the lamps
shall be mounted on the same level and as widely spaced laterally as practicable. An
object, material, or covering that alters the taillamp’s visibility from 1,000 feet may not
be placed, displayed, installed, affixed, or applied over a taillamp.
Either a taillamp or a separate lamp shall be so constructed and placed as to
illuminate with a white light the rear registration plate and render it clearly legible from a
distance of 50 feet to the rear. Any taillamp or taillamps, together with any separate lamp
or lamps for illuminating the rear registration plate, shall be so wired as to be lighted
whenever the headlamps or auxiliary driving lamps are lighted. Dump trucks and vehicles
having dump bodies are exempt from the requirements of this subsection.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.222. Stop lamps and turn signals.
Every motor vehicle, trailer, semitrailer, and pole trailer shall be equipped with two
or more stop lamps meeting the requirements of s. 316.234(1). Motor vehicles, trailers,
semitrailers and pole trailers manufactured or assembled prior to January 1, 1972, shall
be equipped with at least one stop lamp. On a combination of vehicles, only the stop
lamps on the rearmost vehicle need actually be seen from the distance specified in s.
316.234(1).
Every motor vehicle, trailer, semitrailer, and pole trailer shall be equipped with
electric turn signal lamps meeting the requirements of s. 316.234(2).
Passenger cars and trucks less than 80 inches in width, manufactured or assembled
prior to January 1, 1972, need not be equipped with electric turn signal lamps.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.2225. Additional equipment required on certain vehicles.
In addition to other equipment required in this chapter, the following vehicles shall
be equipped as herein stated under the conditions stated in s. 316.217.
On every bus or truck, whatever its size, there shall be the following: On the rear,
two reflectors, one at each side, and one stop light.
On every bus or truck 80 inches or more in overall width, in
addition to the requirements in subsection (1):
On the front, two clearance lamps, one at each side.
On the rear, two clearance lamps, one at each side.
On each side, two side marker lamps, one at or near the front and one at or near the
rear.
On each side, two reflectors, one at or near the front and one at or near the rear.
(3) On every truck tractor:
On the front, two clearance lamps, one at each side.
On the rear, one stop light.
On every trailer or semitrailer having a gross weight in excess of 3,000 pounds:
On the front, two clearance lamps, one at each side.
On each side, two side marker lamps, one at or near the front and one at or near the
rear.
On each side, two reflectors, one at or near the front and one at or near the rear.
On the rear, two clearance lamps, one at each side, also two reflectors, one at each
side, and one stop light.
On every pole trailer in excess of 3,000 pounds gross weight:
On each side, one side marker lamp and one clearance lamp which may be in
combination, to show to the front, side and rear.
On the rear of the pole trailer or load, two reflectors, one at each side.
On every trailer, semitrailer, and pole trailer weighing 3,000 pounds gross, or less: On the
rear, two reflectors, one on each side. If any trailer or semitrailer is so loaded, or is of such
dimensions as to obscure the stop light on the towing vehicle, then such vehicle shall also be
equipped with one stop light.
On every slowmoving vehicle or equipment, animaldrawn vehicle, or other machinery
designed for use and speeds less than 25 miles per hour, including all road construction and
maintenance machinery except when engaged in actual construction or maintenance work
either guarded by a flagger or a clearly visible warning sign, which normally travels or is
normally used at a speed of less than 25 miles per hour and which is operated on a public
highway:
A triangular slowmoving vehicle emblem SMV as described in, and displayed as
provided in paragraph (b). The requirement of the emblem shall be in addition to any other
equipment required by law. The emblem shall not be displayed on objects which are
customarily stationary in use except while being transported on the roadway of any public
highway of this state.
The Department of Highway Safety and Motor Vehicles shall adopt such rules and
regulations as are required to carry out the purpose of this section. The requirements of such
rules and regulations shall incorporate the current specifications for SMV emblems of the
American Society of Agricultural Engineers.
A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving
violation as provided in chapter 318.
316.224. Color of clearance lamps, identification lamps, side marker lamps,
backup lamps, reflectors, and deceleration lights.
Front clearance lamps, identification lamps, and those marker lamps and reflectors
mounted on the front or on the side near the front of a vehicle shall display or reflect an
amber color.
Rear clearance lamps, identification lamps, and those marker lamps and reflectors
mounted on the rear or on the sides near the rear of a vehicle shall display or reflect a red
color.
All lighting devices and reflectors mounted on the rear of any vehicle shall display or
reflect a red color, except the stop light or other signal device, which may be red, amber,
or yellow, and except that the light illuminating the license plate shall be white and the
light emitted by a backup lamp shall be white or amber. Deceleration lights as authorized
by s. 316.235(5) shall display an amber color.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.225. Mounting of reflectors, clearance lamps and side marker lamps.
Reflectors, when required by s. 316.2225, shall be mounted at a height not less than
24 inches and not more than 60 inches above the ground on which the vehicle stands,
except that if the highest part of the permanent structure of the vehicle is less than 24
inches, the reflector at such point shall be mounted as high as that part of the permanent
structure will permit.
The rear reflectors on a pole trailer may be mounted on each side of the bolster or
load.
Any required red reflector on the rear of a vehicle may be incorporated with the
taillamp, but such reflector shall meet all the other reflector requirements of this chapter.
Clearance lamps shall, so far as is practicable, be mounted on the permanent structure
of the vehicle in such a manner as to indicate the extreme height and width of the vehicle.
When rear identification lamps are required and are mounted as high as is practicable,
rear clearance lamps may be mounted at optional height, and when the mounting of front
clearance lamps results in such lamps failing to indicate the extreme width of the trailer,
such lamps may be mounted at optional height but must indicate, as nearly as practicable,
the extreme width of the trailer. Clearance lamps on truck tractors shall be located so as
to indicate the extreme width of the truck tractor cab. Clearance lamps and side marker
lamps may be mounted in combination provided illumination is given as required herein
with reference to both.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.226. Visibility requirements for reflectors, clearance lamps,
identification lamps and marker lamps.
Every reflector upon any vehicle referred to in s. 316.2225 shall be of such size and
characteristics and so maintained as to be readily visible at nighttime from all distances
within 600 feet to 100 feet from the vehicle when directly in front of lawful lower beams
of headlamps, except that the visibility for reflectors on
vehicles manufactured or assembled prior to January 1, 1972, shall be measured in front
of lawful upper beams of headlamps. Reflectors required to be mounted on the sides of
the vehicle shall reflect the required color of light to the sides and those mounted on the
rear shall reflect a red color to the rear.
Front and rear clearance lamps and identification lamps shall be capable of being
seen and distinguished under normal atmospheric conditions at the times lights are
required at all distances between 550 feet from the front and rear, respectively, of the
vehicle.
Side marker lamps shall be capable of being seen and distinguished under normal
atmospheric conditions at the times lights are required at all distances between 550 feet
from the side of the vehicle on which mounted.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.227. Obstructed lights not required.
Whenever motor and other vehicles are operated in combination during the time that
lights are required, any lamp (except taillamps) need not be lighted which, by reason of
its location on a vehicle of the combination, would be obscured by another vehicle of the
combination, but this shall not affect the requirement that lighted clearance lamps be
displayed on the front of the foremost vehicle required to have clearance lamps, nor that
all lights required on the rear of the rearmost vehicle of any combination shall be lighted.
316.228. Lamps or flags on projecting load.
Except as provided in subsection (2), whenever the load upon any vehicle extends to
the rear 4 feet or more beyond the bed or body of such vehicle, there shall be displayed at
the extreme rear end of the load, at the times specified in s. 316.217, two red lamps
visible from a distance of at least 500 feet to the rear, two red reflectors visible at night
from all distances within 600 feet to 100 feet to the rear when directly in front of lawful
lower beams of headlamps and located so as to indicate maximum width, and on each
side one red lamp visible from a distance of at least 500 feet to the side and located so as
to indicate maximum overhang. There shall be displayed at all other times on any vehicle
having a load which extends beyond its sides or more than 4 feet beyond its rear, red
flags, not less than 18 inches square, marking the extremities of such load, at each point
where a lamp would otherwise be required by this section. A violation of this section is a
noncriminal traffic infraction punishable as a nonmoving violation as provided in chapter
318.
Any commercial motor vehicle or trailer transporting a load of unprocessed logs or
pulpwood, which load extends more than 4 feet beyond the rear of the body or bed of
such vehicle, must have securely fixed as close as practical to the end of any such
projection one amber strobetype lamp equipped with a multidirectional type lens so
mounted as to be visible from the rear and both sides of the projecting load. If the
mounting of one strobe lamp cannot be accomplished so that it is visible from the rear
and both sides of the projecting load, multiple strobe lights must be used to meet the
visibility requirements of this subsection. The strobe lamp must flash at a rate of at least
60
flashes per minute and must be plainly visible from a distance of at least 500 feet to the
rear and sides of the projecting load at any time of the day or night. The lamp must be
operating at any time of the day or night when the vehicle is operated on any highway or
parked on the shoulder or immediately adjacent to the traveled portion of any public
roadway. The projecting load must also be marked with a red flag as described in
subsection (1).
316.229. Lamps on parked vehicles.
Every vehicle shall be equipped with one or more lamps which, when lighted, shall
display a white or amber light visible from a distance of 1,000 feet to the front of the
vehicle and a red light visible from a distance of 1,000 feet to the rear of the vehicle. The
location of the lamp or lamps shall always be such that at least one lamp or combination
of lamps meeting the requirements of this section is installed as near as practicable to the
side of the vehicle which is closest to passing traffic.
Whenever a vehicle is lawfully parked upon a street or highway during the hours
between sunset and sunrise and in the event there is sufficient light to reveal persons and
vehicles within a distance of 1,000 feet upon such street or highway, no lights need be
displayed upon such parked vehicle.
Whenever a vehicle is parked or stopped upon a roadway or shoulder adjacent thereto
outside of a municipality, whether attended or unattended, during the hours between
sunset and sunrise and there is insufficient light to reveal any person or object within a
distance of 1,000 feet upon such highway, the vehicle so parked or stopped shall be
equipped with and shall display lamps meeting the requirements of subsection (1).
Any lighted headlamps upon a parked vehicle shall be depressed or dimmed.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.2295. Lamps, reflectors and emblems on farm tractors, farm equipment
and implements of husbandry.
Every farm tractor and every selfpropelled unit of farm equipment or implement of
husbandry manufactured or assembled after January 1, 1972, shall be equipped with
vehicular hazardwarning lights visible from a distance of not less than 1,000 feet to the
front and rear in normal sunlight, which shall be displayed whenever any such vehicle is
operated upon a highway.
Every farm tractor and every selfpropelled unit of farm equipment or implement of
husbandry manufactured or assembled after January 1, 1972, shall at all times, and every
other such motor vehicle shall at all times mentioned in s. 316.217, be equipped with
lamps and reflectors as follows:
At least two headlamps meeting the requirements of ss. 316.237 and 316.239.
At least one red lamp visible when lighted from a distance of not less than 1,000 feet
to the rear mounted as far to the left of the center of the vehicle as practicable.
At least two red reflectors visible from all distances within 600 feet to 100 feet to the
rear when directly in front of lawful lower beams of headlamps.
Every combination of farm tractor and towed farm
equipment or towed implement of husbandry shall at all times mentioned in s. 316.217 be
equipped with lamps and reflectors as follows:
The farm tractor shall be equipped as required in subsections (1) and (2).
If the towed unit or its load extends more than 4 feet to the rear of the tractor or
obscures any light thereon, the unit shall be equipped on the rear with at least two red
reflectors visible from all distances within 600 feet to 100 feet to the rear when directly in
front of lawful lower beams of headlamps.
If the towed unit of such combination extends more than 4 feet to the left of the
centerline of the tractor, the unit shall be equipped on the front with an amber reflector
visible from all distances within 600 feet to 100 feet to the front when directly in front of
lawful lower beams of headlamps. This reflector shall be so positioned to indicate, as
nearly as practicable, the extreme left projection of the towed unit.
The two red reflectors required in the foregoing subsections shall be so positioned as
to show from the rear, as nearly as practicable, the extreme width of the vehicle or
combination carrying them. If all other requirements are met, reflective tape or paint may
be used in lieu of the reflectors required by subsection
(3).
Every farm tractor and every selfpropelled unit of farm equipment or implement of
husbandry designed for operation at speeds not in excess of 25 miles per hour shall at all
times be equipped with a slow moving vehicle emblem mounted on the rear except as
provided in subsection (6).
Every combination of farm tractor and towed farm equipment or towed implement of
husbandry normally operating at speeds not in excess of 25 miles per hour shall at all
times be equipped with a slow moving vehicle emblem as follows:
When the towed unit or any load thereon obscures the slow moving vehicle emblem
on the farm tractor, the towed unit shall be equipped with a slow moving vehicle emblem.
In such cases, the towing vehicle need not display the emblem.
When the slow moving vehicle emblem on the farm tractor unit is not obscured by
the towed unit or its load, then either or both may be equipped with the required emblem,
but it shall be sufficient if either has it.
The emblem required by subsections (5) and (6) shall comply with current standards
and specifications of the American Society of Agricultural Engineers approved by the
department.
Except during the periods of time stated in s. 316.217(1), an agricultural product
trailer which is less than 10 feet in length and narrower than the hauling vehicle is not
required to have taillamps, stop lamps, and turn signals and may use the hauling vehicle’s
lighting apparatus to meet the requirements of ss. 316.221 and 316.222. However, the
load of the agricultural product trailer must be contained within the trailer and must not in
any way obstruct the hauling vehicle’s lighting apparatus.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.231. Lamps on other vehicles and equipment.
Every vehicle, including animaldrawn vehicles and vehicles referred to in s.
316.215(3), not specifically required by the provisions of this section to be equipped with
lamps or other lighting devices shall at all times specified in s. 316.217 be equipped with
at least one lamp displaying a white light visible from a distance of not less than 1,000
feet to the front of said vehicle, and shall also be equipped with two lamps displaying red
light visible from a distance of not less than 1,000 feet to the rear of the vehicle, or, as an
alternative, one lamp displaying a red light visible from a distance of not less than 1,000
feet to the rear and two red reflectors visible from all distances of 600 to 100 feet to the
rear when illuminated by the lawful lower beams of headlamps. A violation of this
section is a noncriminal traffic infraction, punishable as a nonmoving violation as
provided in chapter 318.
316.233. Spot lamps and auxiliary lamps.
SPOT LAMPS.—Any motor vehicle may be equipped with not to exceed two spot
lamps and every lighted spot lamp shall be so aimed and used that no part of the high
intensity portion of the beam will strike the windshield, or any windows, mirror, or
occupant of another vehicle in use.
FOG LAMPS.—Any motor vehicle may be equipped with not to exceed two fog
lamps mounted on the front at a height not less than 12 inches nor more than 30 inches
above the level surface upon which the vehicle stands and so aimed that when the vehicle
is not loaded none of the high intensity portion of the light to the left of the center of the
vehicle shall at a distance of 25 feet ahead project higher than a level of 4 inches below
the level of the
center of the lamp from which it comes. Lighted fog lamps meeting the above
requirements may be used with lower headlamp beams as specified in s. 316.237(1)(b).
AUXILIARY PASSING LAMPS.—Any motor vehicle may be equipped with not to
exceed two auxiliary passing lamps mounted on the front at a height not less than 24
inches nor more than 42 inches above the level surface upon which the vehicle stands.
The provisions of s. 316.237 shall apply to any combination of headlamps and auxiliary
passing lamps.
AUXILIARY DRIVING LAMPS.—Any motor vehicle may be equipped with not to
exceed two auxiliary driving lamps mounted on the front at a height not less than 16
inches nor more than 42 inches above the level surface upon which the vehicle stands.
The provisions of s. 316.237 shall apply to any combination of headlamps and auxiliary
driving lamps.
VIOLATIONS.—A violation of this section is a noncriminal traffic infraction,
punishable as a nonmoving violation as provided in chapter 318.
316.234. Signal lamps and signal devices.
Any vehicle may be equipped and, when required under this chapter, shall be
equipped with a stop lamp or lamps on the rear of the vehicle which shall display a red or
amber light, visible from a distance of not less than 300 feet to the rear in normal
sunlight, and which shall be actuated upon application of the service (foot) brake, and
which may but need not be incorporated with one or more other rear lamps. An object,
material, or covering that alters the stop lamp’s visibility from 300 feet to the
rear in normal sunlight may not be placed, displayed, installed, affixed, or applied over a
stop lamp.
Any vehicle may be equipped and, when required under s. 316.222(2), shall be
equipped with electric turn signals which shall indicate an intention to turn by flashing
lights showing to the front and rear of a vehicle or on a combination of vehicles on the
side of the vehicle or combination toward which the turn is to be made. The lamps
showing to the front shall be mounted on the same level and as widely spaced laterally as
practicable and, when signaling, shall emit white or amber light. The lamps showing to
the rear shall be mounted on the same level and as widely spaced laterally as practicable,
and, when signaling, shall emit a red or amber light. Turn signal lamps on vehicles 80
inches or more in overall width shall be visible from a distance of not less than 500 feet
to the front and rear in normal sunlight, and an object, material, or covering that alters the
lamp’s visibility from a distance of 500 feet to the front or rear in normal sunlight may
not be placed, displayed, installed, affixed, or applied over a turn signal lamp. Turn signal
lamps on vehicles less than 80 inches wide shall be visible at a distance of not less than
300 feet to the front and rear in normal sunlight, and an object, material, or covering that
alters the lamp’s visibility from a distance of 300 feet to the front or rear in normal
sunlight may not be placed, displayed, installed, affixed, or applied over a turn signal
lamp. Turn signal lamps may, but need not be, incorporated in other lamps on the vehicle.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.235. Additional lighting equipment.
Any motor vehicle may be equipped with not more than two side cowl or fender lamps
which shall emit an amber or white light without glare.
Any motor vehicle may be equipped with not more than one running board courtesy lamp
on each side thereof which shall emit a white or amber light without glare.
Any motor vehicle may be equipped with one or more backup lamps either separately or
in combination with other lamps, but any such backup lamp or lamps shall not be lighted
when the motor vehicle is in forward motion.
Any vehicle 80 inches or more in overall width, if not otherwise required by s. 316.2225,
may be equipped with not more than three identification lamps showing to the front which
shall emit an amber light without glare and not more than three identification lamps showing
to the rear which shall emit a red light without glare. Such lamps shall be mounted as
specified in this chapter.
A bus may be equipped with a deceleration lighting system that cautions following
vehicles that the bus is slowing, is preparing to stop, or is stopped. Such lighting system shall
consist of red or amber lights mounted in horizontal alignment on the rear of the vehicle at
the vertical centerline of the vehicle, no greater than 12 inches apart, not higher than the
lower edge of the rear window or, if the vehicle has no rear window, not higher than 100
inches from the ground. Such lights shall be visible from a distance of not less than 300 feet
to the rear in normal sunlight. Lights are permitted to light and flash during deceleration,
braking, or standing and idling of the bus. Vehicular hazard warning flashers may be used
in conjunction with or in lieu of a rearmounted deceleration lighting system.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.237. Multiplebeam roadlighting equipment.
Except as hereinafter provided, the headlamps or the auxiliary driving lamp or the
auxiliary passing lamp or combination thereof on motor vehicles shall be so arranged that
the driver may select at will between distributions of light projected to different
elevations and such lamps may, in addition, be so arranged that such selection can be
made automatically, subject to the following limitations:
There shall be an uppermost distribution of light, or composite beam, so aimed and of
such intensity as to reveal persons and vehicles at a distance of at least 450 feet ahead for
all conditions of loading.
There shall be a lowermost distribution of light, or composite beam, so aimed and of
sufficient intensity to reveal persons and vehicles at a distance of at least 150 feet ahead;
and on a straight level road under any condition of loading none of the high intensity
portion of the beam shall be directed to strike the eyes of an approaching driver.
An object, material, or covering that alters the headlamp’s visibility from at least 450
feet for an uppermost distribution of light or at least 150 feet for a lowermost distribution
of light may not be placed, displayed, installed, affixed, or applied over a
headlamp.
Every new motor vehicle registered in this state shall be equipped with a beam
indicator, which shall be lighted whenever the uppermost distribution of light from the
headlamps is in use, and shall not otherwise be lighted. Said indicator shall be so
designed and located that when lighted it will be readily visible without glare to the
driver of the vehicle so equipped.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.238. Use of multiplebeam roadlighting equipment.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.2385. Requirements for use of lower beam.
The lower or passing beam shall be used at all times during the twilight hours in the
morning and the twilight hours in the evening, and during fog, smoke and rain. Twilight
shall mean the time between sunset and full night or between full night and sunrise. A
violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.239. Singlebeam roadlighting equipment.
Headlamp systems which provide only a single distribution of light shall be permitted
on all farm tractors regardless of date of manufacture, and on other motor vehicles
manufactured and sold prior to January 1, 1972, in lieu of multiplebeam roadlighting
equipment herein specified if the single distribution of light complies with the following
requirements and limitations:
The headlamps shall be so aimed that when the vehicle is not loaded none of the high
intensity portion of the light shall, at a distance of 25 feet ahead, project higher than a
level of five inches below the level of the center of the lamp from which it comes, and in
no case higher than 42 inches above the level on which the vehicle stands at a distance of
75 feet ahead.
The intensity shall be sufficient to reveal persons and vehicles at a distance of at least
200 feet.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.2395. Motor vehicles; minimum headlamp requirement.
Any motor vehicle may be operated at nighttime under the conditions specified in ss.
316.237 and 316.239, when equipped with two lighted lamps upon the front thereof
capable of revealing persons and objects 100 feet ahead in lieu of lamps required in ss.
316.237 and 316.239. However, at no time when lighted lamps are required shall such
motor vehicle be operated in excess of 20 miles per hour. A violation of this section is a
noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter
318.
316.2396. Number of driving lamps required or permitted.
At all times specified in s. 316.217, at least two lighted lamps shall be displayed, one
on each side at the front of every motor vehicle, except when such vehicle is parked
subject to the regulations governing lights on parked vehicles.
Whenever a motor vehicle equipped with headlamps, as herein required, is also
equipped with any auxiliary lamps or a spot lamp or any other lamp on the front thereof
projecting a beam of intensity greater than 300 candlepower, not more than a total of 4 of
any such lamps on the front of a vehicle shall be lighted at any one time when upon a
highway.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.2397. Certain lights prohibited; exceptions.
No person shall drive or move or cause to be moved any vehicle or equipment upon any
highway within this state with any lamp or device thereon showing or displaying a red or blue
light visible from directly in front thereof except for certain vehicles hereinafter provided.
It is expressly prohibited for any vehicle or equipment, except police vehicles, to show or
display blue lights. However, vehicles owned, operated, or leased by the Department of
Corrections or any county correctional agency may show or display blue lights when
responding to emergencies.
Vehicles of the fire department and fire patrol, including vehicles of volunteer firefighters
as permitted under s. 316.2398, vehicles of medical staff physicians or technicians of medical
facilities licensed by the state as authorized under s. 316.2398, ambulances as authorized
under this chapter, and buses and taxicabs as authorized under s. 316.2399 may show or
display red lights. Vehicles of the fire department, fire patrol, police vehicles, and such
ambulances and emergency vehicles of municipal and county departments, public service
corporations operated by private corporations, the Fish and Wildlife Conservation
Commission, the Department of Environmental Protection, the Department of Transportation,
the Department of Agriculture and Consumer Services, and the Department of Corrections as
are designated or authorized by their respective department or the chief of police of an
incorporated city or any sheriff of any county may operate emergency lights and sirens in an
emergency. Wreckers, mosquito control fog and spray vehicles, and emergency vehicles of
governmental departments or public
service corporations may show or display amber lights when in actual operation or when
a hazard exists provided they are not used going to and from the scene of operation or
hazard without specific authorization of a law enforcement officer or law enforcement
agency. Wreckers must use amber rotating or flashing lights while performing recoveries
and loading on the roadside day or night, and may use such lights while towing a vehicle
on wheel lifts, slings, or under reach if the operator of the wrecker deems such lights
necessary. A flatbed, car carrier, or rollback may not use amber rotating or flashing lights
when hauling a vehicle on the bed unless it creates a hazard to other motorists because of
protruding objects. Further, escort vehicles may show or display amber lights when in the
actual process of escorting overdimensioned equipment, material, or buildings as
authorized by law. Vehicles owned or leased by private security agencies may show or
display green and amber lights, with either color being no greater than 50 percent of the
lights displayed, while the security personnel are engaged in security duties on private or
public property.
Road or street maintenance equipment, road or street maintenance vehicles, road
service vehicles, refuse collection vehicles, petroleum tankers, and mail carrier vehicles
may show or display amber lights when in operation or a hazard exists. A commercial
motor vehicle or trailer designed to transport unprocessed logs or pulpwood may show or
display an amber light affixed to the rearmost point of the vehicle or trailer.
Road maintenance and construction equipment and vehicles may display flashing
white lights or flashing white strobe lights when in operation and where a hazard exists.
Additionally, school
buses and vehicles that are used to transport farm workers may display flashing white
strobe lights.
All lighting equipment heretofore referred to shall meet all requirements as set forth
in s. 316.241.
Flashing lights are prohibited on vehicles except:
As a means of indicating a right or left turn, to change lanes, or to indicate that the
vehicle is lawfully stopped or disabled upon the highway;
When a motorist intermittently flashes his or her vehicle’s headlamps at an oncoming
vehicle notwithstanding the motorist’s intent for doing so; and
For the lamps authorized under subsections (1), (2), (3), (4), and (9), s. 316.2065, or
s. 316.235(5) which may flash.
Subsections (1) and (7) do not apply to police, fire, or authorized emergency vehicles
while in the performance of their necessary duties.
Flashing red lights may be used by emergency response vehicles of the Fish and
Wildlife Conservation Commission, the Department of Environmental Protection, and the
Department of Health when responding to an emergency in the line of duty.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.2398. Display or use of red warning signals; motor vehicles of
volunteer firefighters or medical staff.
A privately owned vehicle belonging to an active firefighter member of a regularly
organized volunteer firefighting company or association, while en route to the fire station for
the purpose of proceeding to the scene of a fire or other emergency or while en route to the
scene of a fire or other emergency in the line of duty as an active firefighter member of a
regularly organized firefighting company or association, or a privately owned vehicle
belonging to a medical staff physician or technician of a medical facility licensed by the state,
while responding to an emergency in the line of duty, may display or use red warning signals
visible from the front and from the rear of such vehicle, subject to the following restrictions
and conditions:
No more than two red warning signals may be displayed.
No inscription of any kind may appear across the face of the lens of the red warning
signal.
In order for an active volunteer firefighter to display such red warning signals on his or
her vehicle, the volunteer firefighter must first secure a written permit from the chief
executive officers of the firefighting organization to use the red warning signals, and this
permit must be carried by the volunteer firefighter at all times while the red warning signals
are displayed.
It is unlawful for any person who is not an active firefighter member of a regularly
organized volunteer firefighting company or association or a physician or technician of the
medical staff of a medical facility licensed by the state to display on any motor vehicle owned
by him or her, at any time, any red warning signals as described in subsection (1).
It is unlawful for an active volunteer firefighter to operate
any red warning signals as authorized in subsection (1), except while en route to the fire
station for the purpose of proceeding to the scene of a fire or other emergency, or while at
or en route to the scene of a fire or other emergency, in the line of duty.
It is unlawful for a physician or technician of the medical staff of a medical facility to
operate any red warning signals as authorized in subsection (1), except when responding
to an emergency in the line of duty.
A violation of this section is a nonmoving violation, punishable as provided in
chapter 318. In addition, any volunteer firefighter shall be dismissed from membership in
the firefighting organization by the chief executive officers thereof.
316.2399. Special warning lights for buses or taxicabs.
The provisions of s. 316.2397(7) to the contrary notwithstanding, a bus or taxicab
may be equipped with two flashing devices for the purpose of warning the operators of
other vehicles and law enforcement agents that an emergency situation exists within the
bus or taxicab. Such devices shall be capable of activation by the operator of the bus or
taxicab and shall be of a type approved by the Department of Highway Safety and Motor
Vehicles. Such devices shall be mounted one at the front and one at the rear of the bus or
taxicab and shall display flashing red lights which shine on the roadway under the
vehicle. A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.251. Maximum bumper heights.
Every motor vehicle of net shipping weight of not more than 5,000 pounds shall be
equipped with a front and a rear bumper such that when measured from the ground to the
bottom of the bumper the maximum height shall be as follows:
NET WEIGHT FRONT REAR
Automobiles for private use:
Trucks:
“New motor vehicles” as defined in s. 319.001(9), “antique automobiles” as defined
in s. 320.08, “horseless carriages” as defined in s. 320.086, and “street rods” as defined in
s. 320.0863 shall be excluded from the requirements of this section.
A violation of this section shall be defined as a moving violation. A person charged
with a violation of this section is subject to the penalty provided in s. 318.18.
316.253. Vehicles used to sell ice cream and other confections;
display of warnings required.
Any person who sells ice cream or other frozen confections at
retail from a motor vehicle shall display on each side of such motor vehicle, in letters at
least 3 inches high, a warning containing the words “look out for children” or “caution:
children” or such similar words as are approved by the department. A violation of this
section is a noncriminal traffic infraction, punishable as a nonmoving violation as
provided in chapter 318.
316.261. Brake equipment required.
Every motor vehicle, trailer, semitrailer, and pole trailer, and any combination of
such vehicles, operating upon a highway within this state shall be equipped with brakes
in compliance with the requirements of this chapter.
SERVICE BRAKES; ADEQUACY.—Every such vehicle and combination of
vehicles, except special mobile equipment not designed to carry persons, shall be
equipped with service brakes adequate to control the movement of and to stop and hold
such vehicle under all conditions of loading, and on any grade incident to its operation.
PARKING BRAKES; ADEQUACY.—Every such vehicle and combination of
vehicles shall be equipped with parking brakes adequate to hold the vehicle on any grade
on which it is operated, under all conditions of loading, on a surface free of loose
material. The parking brakes shall be capable of being applied in conformance with the
foregoing requirements by the driver’s muscular effort or by spring action or by
equivalent means. Their operation may be assisted by the service brakes or other source
of power provided that failure of the service brake actuation system or other power
assisting mechanism will not
prevent the parking brakes from being applied in conformance with the foregoing
requirements. The parking brakes shall be so designed that when once applied they shall
remain applied with the required effectiveness despite exhaustion of any source of energy
or leakage of any kind. The same brakedrums, brakeshoes and lining assemblies,
brakeshoe anchors, and mechanical brakeshoe actuation mechanism normally associated
with the wheelbrake assemblies may be used for both the service brakes and the parking
brakes. If the means of applying the parking brakes and the service brakes are connected
in any way, they shall be so constructed that failure of any one part shall not leave the
vehicle without operative brakes.
BRAKES ON ALL WHEELS.—Every vehicle shall be equipped with brakes acting
on all wheels except:
Trailers, semitrailers, or pole trailers of a gross weight not exceeding 3,000 pounds,
provided that:
The total weight on and including the wheels of the trailer or trailers shall not exceed
40 percent of the gross weight of the towing vehicle when connected to the trailer or
trailers; and
The combination of vehicles, consisting of the towing vehicle and its total towed
load, is capable of complying with the performance requirements of s. 316.262.
Pole trailers with a gross weight in excess of 3,000 pounds manufactured prior to
January 1, 1972, need not be equipped with brakes.
Any vehicle being towed in driveaway or towaway operations, provided the
combination of vehicles is capable of
complying with the performance requirements of s. 316.262.
Trucks and truck tractors having three or more axles need not have brakes on the
front wheels, except that when such vehicles are equipped with at least two steerable
axles, the wheels of one steerable axle need not have brakes. However, such trucks and
truck tractors must be capable of complying with the performance requirements of s.
316.262.
Special mobile equipment not designed to carry persons.
“Antique cars” as defined in s. 320.08, and “horseless carriages” as defined in s.
320.086.
Fourwheeled motorized golf carts operated by municipal or county law enforcement
officers on official business.
AUTOMATIC TRAILER BRAKE APPLICATION UPON BREAKAWAY.—Every
trailer, semitrailer, and pole trailer with air or vacuumactuated brakes, every trailer and
semitrailer with a gross weight in excess of 3,000 pounds, and every pole trailer with a
gross weight in excess of 3,000 pounds manufactured or assembled after January 1, 1972,
shall be equipped with brakes acting on all wheels and of such character as to be applied
automatically and promptly, and remain applied for at least 15 minutes, upon breakaway
from the towing vehicle.
TRACTOR BRAKES PROTECTED.—Every motor vehicle manufactured or
assembled after January 1, 1972, and used to tow a trailer, semitrailer, or pole trailer
equipped with brakes, shall be equipped with means for providing that in case of
breakaway of the towed vehicle, the towing vehicle will be capable of being stopped by
the use of its service brakes.
TRAILER AIR RESERVOIRS SAFEGUARDED.—Air brake systems installed on
trailers manufactured or assembled after January 1, 1972, shall be so designed that the
supply reservoir used to provide air for the brakes shall be safeguarded against backflow
of air from the reservoir through the supply line.
TWO MEANS OF EMERGENCY BRAKE OPERATION.
—
Every towing vehicle, when used to tow another vehicle equipped with aircontrolled
brakes, in other than driveaway or towaway operations, shall be equipped with two
means for emergency application of the trailer brakes. One of these means shall apply the
brakes automatically in the event of a reduction of the towing vehicle air supply to a fixed
pressure which shall not be lower than 20 pounds per square inch nor higher than 45
pounds per square inch. The other means shall be a manually controlled device for
applying and releasing the brakes, readily operable by a person seated in the driving seat,
and its emergency position or method of operation shall be clearly indicated. In no
instance may the manual means be so arranged as to permit its use to prevent operation of
the automatic means. The automatic and the manual means required by this section may
be, but are not required to be, separate.
Every towing vehicle used to tow other vehicles equipped with vacuum brakes, in
operations other than driveaway or towaway operations, shall have, in addition to the
singlecontrol device required by subsection (8), a secondcontrol device which can be
used to operate the brakes on towed vehicles in emergencies. The second control shall be
independent of brake air, hydraulic, and other pressure, and independent of other
controls, unless the braking system is so arranged that failure of the pressure upon which
the second control depends will cause the towed vehicle brakes to be applied
automatically. The second control is not required to provide modulated braking.
SINGLE CONTROL TO OPERATE ALL BRAKES.— Every motor vehicle, trailer,
semitrailer and pole trailer, and every combination of such vehicles, equipped with brakes
shall have the braking system so arranged that one control device can be used to operate
all service brakes. This requirement does not prohibit vehicles from being equipped with
an additional control device to be used to operate brakes on the towed vehicles. This
regulation does not apply to driveaway or towaway operations unless the brakes on the
individual vehicles are designed to be operated by a single control on the towing vehicle.
RESERVOIR CAPACITY AND CHECK VALVE.—
Air brakes.—Every bus, truck or truck tractor with airoperated brakes shall be
equipped with at least one reservoir sufficient to ensure that, when fully charged to the
maximum pressure as regulated by the air compressor governor cutout setting, a full
servicebrake application may be made without lowering such reservoir pressure by more
than 20 percent. Each reservoir shall be provided with means for readily draining
accumulated oil or water.
Vacuum brakes.—Every truck with three or more axles equipped with vacuum
assistortype brakes and every truck tractor and truck used for towing a vehicle equipped
with vacuum brakes shall be equipped with a reserve capacity or a vacuum reservoir
sufficient to ensure that, with the reserve capacity or reservoir
fully charged and with the engine stopped, a full servicebrake application may be made
without depleting the vacuum supply by more than 40 percent.
Reservoir safeguarded.—All motor vehicles, trailers, semitrailers, and pole trailers,
when equipped with air or vacuum reservoirs or reserve capacity as required by this
section, shall have such reservoirs or reserve capacity so safeguarded by a check valve or
equivalent device that in the event of failure or leakage in its connection to the source of
compressed air or vacuum, the stored air or vacuum shall not be depleted by the leak or
failure.
(10) WARNING DEVICES.—
Air brakes.—Every bus, truck or truck tractor using compressed air for the operation
of its own brakes or the brakes on any towed vehicle shall be provided with a warning
signal, other than a pressure gauge, readily audible or visible to the driver, which will
operate at any time the air reservoir pressure of the vehicle is below 50 percent of the air
compressor governor cutout pressure. In addition, each such vehicle shall be equipped
with a pressure gauge visible to the driver, which indicates in pounds per square inch the
pressure available for braking.
Vacuum brakes.—Every truck tractor and truck used for towing a vehicle equipped
with vacuum operated brakes and every truck with three or more axles using vacuum in
the operation of its brakes, except those in driveaway or towaway operations, shall be
equipped with a warning signal, other than a gauge indicating vacuum, readily audible or
visible to the driver, which will operate at any time the vacuum in the vehicle’s supply
reservoir or reserve capacity is less than 8 inches of mercury.
Combination of warning devices.—When a vehicle required to be equipped with a
warning device is equipped with both air and vacuum power for the operation of its own
brakes or the brakes on a towed vehicle, the warning devices may be, but are not required
to be, combined into a single device which will serve both purposes. A gauge or gauges
indicating pressure or vacuum shall not be deemed to be an adequate means of satisfying
this requirement.
VIOLATIONS.—A violation of this section is a noncriminal traffic infraction,
punishable as a nonmoving violation as provided in chapter 318.
316.267. Brakes on electricpowered vehicles.
When operated on the public streets and roads, every electricpowered vehicle with a
rating of 3 to 6 horsepower shall be equipped with hydraulic brakes on the two rear
wheels and at all times and under all conditions of loading, upon application of the
service brake, shall be capable of:
Developing a braking force that is not less than 43.5 percent of its gross weight.
Decelerating to a stop from not more than 20 miles per hour at not less than 17 feet
per second.
Stopping from a speed of 20 miles per hour in not more than 25 feet, such distance to
be measured from the point at which movement of the service brake pedal or control
begins.
A violation of this section is a noncriminal traffic infraction,
punishable as a nonmoving violation as provided in chapter 318.
316.271. Horns and warning devices.
Every motor vehicle when operated upon a highway shall be equipped with a horn in
good working order and capable of emitting sound audible under normal conditions from
a distance of not less than 200 feet.
No horn or other warning device shall emit an unreasonably loud or harsh sound or a
whistle.
The driver of a motor vehicle shall, when reasonably necessary to ensure safe
operation, give audible warning with his or her horn.
No vehicle shall be equipped with, nor shall any person use upon a vehicle, any
siren, whistle, or bell, except as otherwise permitted in this section.
It is permissible but not required that any vehicle be equipped with a theft alarm
signal device which is so arranged that it cannot be used by the driver as an ordinary
warning signal.
Every authorized emergency vehicle shall be equipped with a siren, whistle, or bell
capable of emitting sound audible under normal conditions from a distance of not less
than 500 feet and of a type approved by the department, but such siren, whistle, or bell
shall not be used except when the vehicle is operated in response to an emergency call or
in the immediate pursuit of an actual or suspected violator of the law, in which event the
driver of the vehicle shall sound the siren, whistle, or bell when reasonably necessary to
warn pedestrians and other drivers of the approach
thereof.
Notwithstanding the other provisions of this section, a trolley may be equipped with
a bell, and the bell is not required to be used only as a warning device. As used in this
subsection, the term “trolley” includes any bus which resembles a streetcar, which is
powered by overhead electric wires or is selfpropelled, and which is used primarily as a
public conveyance.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.272. Exhaust systems, prevention of noise.
Every motor vehicle shall at all times be equipped with an exhaust system in good
working order and in constant operation, including muffler, manifold pipe, and tailpiping
to prevent excessive or unusual noise. In no event shall an exhaust system allow noise at
a level which exceeds a maximum decibel level to be established by regulation of the
Department of Environmental Protection as provided in s. 403.061(11) in cooperation
with the Department of Highway Safety and Motor Vehicles. No person shall use a
muffler cutout, bypass or similar device upon a vehicle on a highway.
The engine and power mechanism of every motor vehicle shall be so equipped and
adjusted as to prevent the escape of excessive fumes or smoke.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.2935. Air pollution control equipment; tampering
prohibited; penalty.
(a) It is unlawful for any person or motor vehicle dealer as defined in s. 320.27 to
offer or display for retail sale or lease, sell, lease, or transfer title to, a motor vehicle in
Florida that has been tampered with in violation of this section, as determined pursuant to
subsection (7). Tampering is defined as the dismantling, removal, or rendering ineffective
of any air pollution control device or system which has been installed on a motor vehicle
by the vehicle manufacturer except to replace such device or system with a device or
system equivalent in design and function to the part that was originally installed on the
motor vehicle. All motor vehicles sold, reassigned, or traded to a licensed motor vehicle
dealer are exempt from this paragraph.
At the time of sale, lease, or transfer of title of a motor vehicle, the seller, lessor, or
transferor shall certify in writing to the purchaser, lessee, or transferee that the air
pollution control equipment of the motor vehicle has not been tampered with by the
seller, lessor, or transferor or their agents, employees, or other representatives. A licensed
motor vehicle dealer shall also visually observe those air pollution control devices listed
by department rule pursuant to subsection (7), and certify that they are in place, and
appear properly connected and undamaged. Such certification shall not be deemed or
construed as a warranty that the pollution control devices of the subject vehicle are in
functional condition, nor does the execution or delivery of this certification create by
itself grounds for a cause of action between the parties to this transaction.
All motor vehicles sold, reassigned, or traded by a licensed motor vehicle dealer to a
licensed motor vehicle dealer, all new
motor vehicles subject to certification under s. 207, Clean Air Act, 42 U.S.C. s. 7541, and
all lease agreements for 30 days or less are exempt from this subsection. Also exempt
from this subsection are sales of motor vehicles for salvage purposes only.
No person shall operate any gasolinepowered motor vehicle, except a motorcycle,
moped, scooter, or an imported nonconforming motor vehicle which has received a one
time exemption from federal emission control requirements under
40 C.F.R. 85
, subpart
P, on the public roads and streets of this state which emits visible emissions from the
exhaust pipe for more than a continuous period of 5 seconds, and no person shall operate
on the public roads or streets of this state any motor vehicle that has been tampered with
in violation of this section, as determined pursuant to subsection (7).
No person shall operate on the public roads or streets of this state any dieselpowered
motor vehicle which emits visible emissions from the exhaust pipe for more than a
continuous period of 5 seconds, except during engine acceleration, engine lugging, or
engine deceleration.
This section shall be enforced by the Department of Environmental Protection and
any law enforcement officer of this state as defined in s. 112.531.
Any person who knowingly and willfully violates subsection (1) shall be punished as
follows:
For a first violation, violators shall be guilty of a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083, except that a motor vehicle dealer
shall be guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
For a second or subsequent offense, violators, including motor vehicle dealers, shall
be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083. In addition, the Department of Highway Safety and Motor Vehicles may
temporarily or permanently revoke or suspend the motor vehicle dealer license authorized
pursuant to the provisions of s. 320.27.
Except as provided in subsection (5), any person who violates subsection (1),
subsection (2), or subsection (3) shall be charged with a noncriminal traffic infraction,
punishable as a nonmoving violation as provided in chapter 318. However, the penalty
may be reduced if the person committing the violation corrects the violation pursuant to
the provisions of s. 316.6105.
The Department of Environmental Protection shall adopt rules that define the specific
wording of the required certification and the circumstances under which the certificate is
not required. In addition, the department shall adopt rules as necessary to conform to
requirements of federal law, to establish procedures to determine compliance with this
section, including specifying what tampering activities constitute a violation of this
section, and to provide for exceptions and waivers. For those rules applicable pursuant to
subsection (1) to licensed motor vehicle dealers for certification by visual observation,
the air pollution control devices or systems that shall be included in such certification for
motor vehicles dated model year 1981 or later are the catalytic converter, fuel inlet
restrictor, unvented fuel cap, exhaust gas recirculation system (EGR), air pump and/or air
injector system (AIS), and fuel evaporative emissions system (EVP). The
department may by rule remove or add devices or systems to this test if justified by
developments in air pollution control technology or changes in federal law.
316.294. Mirrors.
Every vehicle, operated singly or when towing any other vehicle, shall be equipped
with a mirror so located as to reflect to the driver a view of the highway for a distance of
at least 200 feet to the rear of the motor vehicle. A violation of this section is a
noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter
318.
316.2951. Motor vehicle windows; definitions.
Whenever used in ss. 316.2951316.2957, unless the context otherwise requires, the
following terms have the following meanings:
“Motor vehicle” means any vehicle as defined in s. 316.003, except vehicles used in
farm husbandry, which is registered or required to be registered in the state.
“Multipurpose passenger vehicle” means a motor vehicle with motive power
designed to carry 10 persons or fewer which is constructed either on a truck chassis or
with special features for occasional offroad operation.
“Reflectance” means the ratio of the amount of total light, expressed in a percentage,
which is reflected outward by the product or material to the amount of total light falling
on the product or material.
“Sunscreening material” means a product or material, including film, glazing, and
perforated sunscreening, which, when applied to the windshield or windows of a motor
vehicle, reduces the effects of the sun with respect to light reflectance or transmittance.
“Transmittance” means the ratio of the amount of total light, expressed in a percentage,
which is allowed to pass through the product or material, including glazing, to the amount of
total light falling on the product or material and the glazing.
“Window” means any device designed for exterior viewing from a motor vehicle, except
the windshield, any roofmounted viewing device, and any viewing device having less than
150 square inches in area.
“Windshield” means the front exterior viewing device of a motor vehicle.
316.2952. Windshields; requirements; restrictions.
A windshield in a fixed and upright position, which windshield is equipped with safety
glazing as required by federal safetyglazing material standards, is required on every motor
vehicle which is operated on the public highways, roads, and streets, except on a motorcycle
or implement of husbandry.
A person shall not operate any motor vehicle on any public highway, road, or street with
any sign, sunscreening material, product, or covering attached to, or located in or upon, the
windshield, except the following:
A certificate or other paper required to be displayed by law.
Sunscreening material along a strip at the top of the windshield, so long as such material
is transparent and does not encroach upon the driver’s direct forward viewing area as more
particularly described and defined in Federal Motor Vehicle Safety Standards No. 205 as the
AS/1 portion of the windshield.
A device, issued by a governmental entity as defined in s. 334.03, or its designee, for the
purpose of electronic toll payments.
A global positioning system device or similar satellite receiver device that uses the global
positioning system operated pursuant to 10 U.S.C. s. 2281 to obtain navigation, to improve
driver safety as a component of safety monitoring equipment capable of providing driver
feedback, or to otherwise route information while the motor vehicle is being operated.
The windshield on every motor vehicle shall be equipped with a device for cleaning rain,
snow, or other moisture from the windshield, which device shall be constructed as to be
controlled or operated by the driver of the vehicle.
Every windshield wiper upon a motor vehicle shall be maintained in good working order.
Grove equipment, including “goats,” “highliftgoats,” grove chemical supply tanks,
fertilizer distributors, fruitloading equipment, and electricpowered vehicles regulated under
the provisions of s. 316.267, are exempt from the requirements of this section. However, such
electricpowered vehicles shall have a windscreen approved by the department sufficient to
give protection from wind, rain, or insects, and such windscreen shall be in place whenever
the vehicle is operated on the public roads
and highways.
A former military vehicle is exempt from the requirements of this section if the
department determines that the exemption is necessary to maintain the vehicle’s accurate
military design and markings. However, whenever the vehicle is operating on the public
roads and highways, the operator and passengers must wear eyeprotective devices
approved by the department. For purposes of this subsection, “former military vehicle”
means a vehicle, including a trailer, regardless of the vehicle’s size, weight, or year of
manufacture, that was manufactured for use in any country’s military forces and is
maintained to represent its military design and markings accurately.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.2953. Side windows; restrictions on sunscreening material.
A person shall not operate any motor vehicle on any public highway, road, or street
on which vehicle the side wings and side windows on either side forward of or adjacent
to the operator’s seat are composed of, covered by, or treated with any sunscreening
material or other product or covering which has the effect of making the window
nontransparent or which would alter the window’s color, increase its reflectivity, or
reduce its light transmittance, except as expressly permitted by this section. A
sunscreening material is authorized for such windows if, when applied to and tested on
the glass of such windows on the specific motor vehicle, the material has a total solar
reflectance of visible light of not more than 25 percent as measured on the nonfilm side
and a light transmittance of at least 28 percent in the visible light range. A violation of
this section is a noncriminal traffic infraction, punishable as a nonmoving violation as
provided in chapter 318.
316.2954. Windows behind the driver; restrictions on sunscreening
material.
A person shall not operate any motor vehicle on any public highway, road, or street
on which vehicle any windows behind the driver are composed of, covered by, or treated
with any sunscreening material, or other product or material which has the effect of
making the window nontransparent or which would alter the window’s color, increase its
reflectivity, or reduce its light transmittance, except as specified below:
Sunscreening material consisting of film which, when applied to and tested on the
rear window glass of the specific motor vehicle, has a total solar reflectance of visible
light of not more than 35 percent as measured on the nonfilm side and a light
transmittance of at least 15 percent in the visible light range; however, sunscreening
material which, when applied to and tested on the rear window glass of the specific motor
vehicle, has a total solar reflectance of visible light of not more than 35 percent as
measured on the nonfilm side and a light transmittance of at least 6 percent in the visible
light range may be used on multipurpose passenger vehicles.
Perforated sunscreening material which, when tested in conjunction with existing
glazing or film material, has a total reflectance of visible light of not more than 35
percent and a light transmittance of no less than 30 percent. For those products or
materials having different levels of reflectance, the highest reflectance from the product
or material will be measured by dividing the area into 16 equal sections and averaging the
overall reflectance. The measured reflectance of any of those sections may not exceed 50
percent.
Louvered materials, if the installation of the materials does not reduce driver
visibility by more than 50 percent.
Privacy drapes, curtains and blinds, provided such covering is in an open and secure
position when the motor vehicle is being operated on any public highway, road, or street.
A person shall not operate any motor vehicle upon any public highway, road, or
street, on which vehicle the rear window is composed of, covered by, or treated with any
material which has the effect of making the window nontransparent, unless the vehicle is
equipped with side mirrors on both sides that meet the requirements of s. 316.294.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.29545. Window sunscreening exclusions; medical exemption;
certain law enforcement vehicles and private investigative service vehicles
exempt.
The department shall issue medical exemption certificates to persons who are
afflicted with Lupus, any autoimmune disease, or other medical conditions which require
a limited exposure to light, which certificates shall entitle the person to whom the
certificate is issued to have sunscreening material on the windshield, side windows, and
windows behind the driver which
is in violation of the requirements of ss. 316.2951316.2957. The department shall
consult with the Medical Advisory Board established in s. 322.125 for guidance with
respect to the autoimmune diseases and other medical conditions which shall be included
on the form of the medical certificate authorized by this section. At a minimum, the
medical exemption certificate shall include a vehicle description with the make, model,
year, vehicle identification number, medical exemption decal number issued for the
vehicle, and the name of the person or persons who are the registered owners of the
vehicle. A medical exemption certificate shall be nontransferable and shall become null
and void upon the sale or transfer of the vehicle identified on the certificate.
The department shall exempt all law enforcement vehicles used in undercover or
canine operations from the window sunscreening requirements of ss. 316.2951316.2957.
The department shall exempt from the window sunscreening restrictions of ss.
316.2953, 316.2954, and 316.2956 vehicles that are owned or leased by private
investigators or private investigative agencies licensed under chapter 493.
The department may charge a fee in an amount sufficient to defray the expenses of
issuing a medical exemption certificate as described in subsection (1).
The department is authorized to promulgate rules for the implementation of this
section.
316.2955. Window sunscreening material; compliance labeling;
tolerances.
Each installer or seller of sunscreening material shall
provide a pressuresensitive, selfdestructive, nonremovable, vinyltype film label to the
purchaser stating that the material complies with the provisions of ss. 316.2951
316.2954. Each such installer shall affix the required label to the inside left door jamb of
the motor vehicle. In addition, the label shall state the trade name of the material and the
installer’s or seller’s business name. Labeling is not required for factory glazing which
complies with Federal Motor Vehicle Safety Standard No. 205.
Every percentage measurement required by ss. 316.2951316.2954 is subject to a
tolerance of plus or minus 3 percent.
The department shall adopt rules approving light transmittance measuring devices for
use in making measurements required by ss. 316.2951316.2954. A witness otherwise
qualified to testify shall be competent to give testimony regarding the percentage of light
transmission when the testimony is derived from the use of an approved device. The
reading from an approved device is presumed accurate and shall be admissible into
evidence in the trial of any infraction arising under ss. 316.2951316.2954.
316.2956. Violation of provisions relating to windshields, windows, and
sunscreening material; penalties.
Any person who operates a motor vehicle on which, after June 20, 1984, material
was installed in violation of ss. 316.2951316.2954 commits a noncriminal traffic
infraction, punishable as a nonmoving violation as provided in chapter 318.
The replacement or repair of any material legally installed is not a violation of ss.
316.2951316.2954.
Any person who sells or installs sunscreening material in violation of any provision
of ss. 316.2951316.2955 is guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
316.2957. Exemption for motor vehicle manufacturers.
The provisions of ss. 316.2951316.2956 do not apply to the manufacturer’s tinting
or glazing of motor vehicle windows or windshields which is otherwise in compliance
with or permitted by Federal Motor Vehicle Safety Standard No. 205 as promulgated in
49 C.F.R. s. 571.205.
316.299. Rough surfaced wheels prohibited.
No person shall drive, propel, operate, or cause to be driven, propelled or operated
over any paved or graded public road of this state any tractor engine, tractor or other
vehicle or contrivance having wheels provided with sharpened or roughened surfaces,
other than roughened pneumatic rubber tires having studs designed to improve traction
without materially injuring the surface of the highway, unless the rims or tires of the
wheels of such tractor engines, tractors, or other vehicles or contrivances are provided
with suitable filler blocks between the cleats so as to form a smooth surface. This
requirement shall not apply to tractor engines, tractors, or other vehicles or contrivances
if the rims or tires of their wheels are constructed in such manner as to prevent injury to
such roads. This restriction shall not apply to tractor engines, tractors, and other vehicles
or implements used by any county or the Department of Transportation in the
construction or maintenance of roads or to farm implements weighing less than
1,000 pounds when provided with wheel surfaces of more than ½ inch in width. A
violation of this section is a noncriminal traffic infraction, punishable as a nonmoving
violation as provided in chapter 318.
316.300. Certain vehicles to carry flares or other devices.
No person shall operate any truck, bus, truck tractor, trailer, semitrailer, pole trailer,
or motor vehicle towing a house trailer, when such vehicle is 80 inches or more in overall
width or 30 feet or more in overall length, upon any highway outside an urban district or
upon any divided highway at any time between sunset and sunrise unless there is carried
in such vehicle the following equipment, except as provided in subsection (2):
At least three flares, three red electric lanterns, or three portable red emergency
reflectors, each of which shall be capable of being seen and distinguished at a distance of
not less than 600 feet under normal atmospheric conditions at nighttime. No flare, fusee,
electric lantern, or warning flag shall be used for the purpose of compliance with the
requirements of this section unless such equipment is of a type which has been submitted
to the department and approved by it. No portable reflector unit shall be used for the
purpose of compliance with the requirements of this section unless it is so designed and
constructed as to be capable of reflecting red light clearly visible from all distances
within 600 feet to 100 feet under normal atmospheric conditions at night when directly in
front of lawful lower beams of headlamps and unless it is of a type which has been
submitted to the department and approved by it.
At least three redburning fusees, unless red electric lanterns
or red portable emergency reflectors are carried.
No person shall operate at the time and under conditions stated in subsection (1) any
motor vehicle used for the transportation of explosives or any cargo tank truck used for
the transportation of flammable liquids or compressed gases unless there is carried in
such vehicle three red electric lanterns or three portable red emergency reflectors meeting
the requirements of subsection (1), and there shall not be carried in any such vehicle any
flares, fusees, or signal produced by flame.
No person shall operate any vehicle described in subsection
or subsection (2) upon any highway outside an urban district or upon a divided highway
at any time when lighted lamps are not required by s. 316.217 unless there is carried in
such vehicle at least two red flags, not less than 12 inches square, with standards to
support such flags, or two red portable emergency reflectors of the type described in
subsection (1).
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.301. Display of warning lights and devices when vehicle is stopped or
disabled.
Whenever any truck, bus, truck tractor, trailer, semitrailer, or pole trailer 80 inches or
more in overall width or 30 feet or more in overall length is stopped upon a roadway or
adjacent shoulder, the driver shall immediately actuate vehicular hazardwarning signal
lamps meeting the requirements of this chapter. Such lights need not be displayed by a
vehicle parked lawfully in an urban district, or stopped lawfully to receive or discharge
passengers, or stopped to avoid conflict with other traffic or to comply with the directions
of a police officer or an official traffic control device, or while the devices specified in
subsections (2)
are in place.
Whenever any vehicle of a type referred to in subsection (1) is disabled, or stopped
for more than 10 minutes, upon a roadway outside an urban district at any time when
lighted lamps are required, the driver of such vehicle shall display the following warning
devices except as provided in subsection (3):
A lighted fusee, a lighted red electric lantern, or a portable red emergency reflector
shall immediately be placed at the traffic side of the vehicle in the direction of the nearest
approaching traffic.
As soon thereafter as possible but in any event within the burning period of the fusee
(15 minutes), the driver shall place three liquidburning flares (pot torches), or three
lighted red electric lanterns, or three portable red emergency reflectors on the roadway in
the following order:
One approximately 100 feet from the disabled vehicle in the center of the lane
occupied by such vehicle and toward traffic approaching in that lane;
One approximately 100 feet in the opposite direction from the disabled vehicle and in
the center of the traffic lane occupied by such vehicle; and
One at the traffic side of the disabled vehicle not less than 10 feet rearward or
forward thereof in the direction of the nearest approaching traffic. If a lighted red electric
lantern or a red
portable emergency reflector has been placed at the traffic side of the vehicle in
accordance with paragraph (a), it may be used for this purpose.
Whenever any vehicle referred to in this section is disabled, or stopped for more than
10 minutes, within 500 feet of a curve, hill crest, or other obstruction to view, the
warning device in that direction shall be so placed as to afford ample warning to other
users of the highway, but in no case less than 100 feet nor more than 500 feet from the
disabled vehicle.
Whenever any vehicle of a type referred to in this section is disabled, or stopped for
more than 10 minutes, upon any roadway of a divided highway during the time lighted
lamps are required, the appropriate warning devices prescribed in subsections (2) and
shall be placed as follows:
One at a distance of approximately 200 feet from the vehicle in the center of the lane
occupied by the stopped vehicle and in the direction of traffic approaching in that lane.
One at a distance of approximately 100 feet from the vehicle, in the center of the lane
occupied by the vehicle and in the direction of traffic approaching in that lane.
One at the traffic side of the vehicle and approximately 10 feet from the vehicle in
the direction of the nearest approaching traffic.
Whenever any motor vehicle used in the transportation of explosives or any cargo
tank truck used for the transportation of any flammable liquid or compressed flammable
gas is disabled, or stopped for more than 10 minutes, at any time and place
mentioned in subsection (2), subsection (3), or subsection (4), the driver of such vehicle
shall immediately display red electric lanterns or portable red emergency reflectors in the
same number and manner specified therein. Flares, fusees, or signals produced by flame
shall not be used as warning devices for disabled vehicles of the type mentioned in this
subsection.
The warning devices described in subsections (2)(5) need not be displayed where
there is sufficient light to reveal persons and vehicles within a distance of 1,000 feet.
Whenever any vehicle described in this section is disabled, or stopped for more than
10 minutes, upon a roadway outside an urban district or upon the roadway of a divided
highway at any time when lighted lamps are not required by s. 316.217, the driver of the
vehicle shall display two red flags or two red portable emergency reflectors as follows:
If traffic on the roadway moves in two directions, one flag or reflector shall be placed
approximately 100 feet to the rear and one flag or reflector approximately 100 feet in
advance of the vehicle in the center of the lane occupied by such vehicle.
Upon a oneway roadway, one flag or reflector shall be placed approximately 100
feet, and one flag or reflector approximately 200 feet, to the rear of the vehicle in the
center of the lane occupied by such vehicle.
When any vehicle described in this section is stopped entirely off the roadway and on
an adjacent shoulder at any time and place hereinbefore mentioned, the warning devices
shall be placed, as nearly as practicable, on the shoulder near the edge of the roadway.
The flares, fusees, red electric lanterns, portable red emergency reflectors and flags to
be displayed as required in this section shall conform with the requirements of this
chapter applicable thereto.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.302. Commercial motor vehicles; safety regulations; transporters and
shippers of hazardous materials; enforcement.
(a) All owners and drivers of commercial motor vehicles that are operated on the
public highways of this state while engaged in interstate commerce are subject to the
rules and regulations contained in 49 C.F.R. parts 382, 385, and 390397.
Except as otherwise provided in this section, all owners or drivers of commercial
motor vehicles that are engaged in intrastate commerce are subject to the rules and
regulations contained in 49 C.F.R. parts 382, 383, 385, and 390397, with the exception
of 49 C.F.R. s. 390.5 as it relates to the definition of bus, as such rules and regulations
existed on December 31, 2012.
The emergency exceptions provided by 49 C.F.R. s. 392.82 also apply to
communications by utility drivers and utility contractor drivers during a Level 1
activation of the State Emergency Operations Center, as provided in the Florida
Comprehensive Emergency Management plan, or during a state of emergency declared
by executive order or proclamation of the Governor.
Except as provided in s. 316.215(5), and except as provided in s. 316.228 for rear
overhang lighting and flagging requirements for intrastate operations, the requirements of
this section supersede all other safety requirements of this chapter for commercial motor
vehicles.
(a) A person who operates a commercial motor vehicle solely in intrastate commerce
not transporting any hazardous material in amounts that require placarding pursuant to
49
C.F.R. part 172
need not comply with 49 C.F.R. ss. 391.11(b)(1) and 395.3(a) and (b).
Except as provided in 49 C.F.R. s. 395.1, a person who operates a commercial motor
vehicle solely in intrastate commerce not transporting any hazardous material in amounts
that require placarding pursuant to 49 C.F.R. part 172
may not drive:
1. More than 12 hours following 10 consecutive hours off duty;
or
For any period after the end of the 16th hour after coming on duty following 10
consecutive hours off duty.
The provisions of this paragraph do not apply to drivers of utility service vehicles as
defined in 49 C.F.R. s. 395.2.
Except as provided in 49 C.F.R. s. 395.1, a person who operates a commercial motor
vehicle solely in intrastate commerce not transporting any hazardous material in amounts
that require placarding pursuant to 49 C.F.R. part 172
may not drive after having been on
duty more than 70 hours in any period of 7 consecutive days or more than 80 hours in any
period of 8
consecutive days if the motor carrier operates every day of the week. Thirtyfour
consecutive hours off duty shall constitute the end of any such period of 7 or 8
consecutive days. This weekly limit does not apply to a person who operates a
commercial motor vehicle solely within this state while transporting, during harvest
periods, any unprocessed agricultural products or unprocessed food or fiber that is subject
to seasonal harvesting from place of harvest to the first place of processing or storage or
from place of harvest directly to market or while transporting livestock, livestock feed, or
farm supplies directly related to growing or harvesting agricultural products. Upon
request of the Department of Highway Safety and Motor Vehicles, motor carriers shall
furnish time records or other written verification to that department so that the
Department of Highway Safety and Motor Vehicles can determine compliance with this
subsection. These time records must be furnished to the Department of Highway Safety
and Motor Vehicles within 2 days after receipt of that department’s request. Falsification
of such information is subject to a civil penalty not to exceed $100. The provisions of this
paragraph do not apply to operators of farm labor vehicles operated during a state of
emergency declared by the Governor or operated pursuant to s. 570.07(21), and do not
apply to drivers of utility service vehicles as defined in 49 C.F.R. s. 395.2.
A person who operates a commercial motor vehicle solely in intrastate commerce not
transporting any hazardous material in amounts that require placarding pursuant to 49
C.F.R. part 172 within a 150 airmile radius of the location where the vehicle is based
need not comply with 49 C.F.R. s. 395.8, if the requirements of 49 C.F.R. s. 395.1(e)(1)
(iii) and (v) are met. If a
driver is not released from duty within 12 hours after the driver arrives for duty, the
motor carrier must maintain documentation of the driver’s driving times throughout the
duty period.
A person who operates a commercial motor vehicle solely in intrastate commerce is
exempt from subsection (1) while transporting agricultural products, including
horticultural or forestry products, from farm or harvest place to the first place of
processing or storage, or from farm or harvest place directly to market. However, such
person must comply with 49 C.F.R. parts
382 , 392
, and
393
, and with 49 C.F.R. ss.
396.3(a)(1) and 396.9. A vehicle or combination of vehicles operated pursuant to this
paragraph having a gross vehicle weight of 26,001 pounds or more or having three or
more axles on the power unit, regardless of weight, must display the name of the vehicle
owner or motor carrier and the municipality or town where the vehicle is based on each
side of the power unit in letters that contrast with the background and that are readable
from a distance of 50 feet. A person who violates this vehicle identification requirement
may be assessed a penalty as provided in s. 316.3025(3)(a).
A person who operates a commercial motor vehicle having a declared gross vehicle
weight of less than 26,001 pounds solely in intrastate commerce and who is not
transporting hazardous materials in amounts that require placarding pursuant to
49 C.F.R.
part 172 , or who is transporting petroleum products as defined in s. 376.301, is exempt
from subsection (1). However, such person must comply with 49 C.F.R. parts 382, 392,
and 393, and with 49 C.F.R. ss. 396.3(a)(1) and 396.9.
A person whose driving record shows no convictions for the preceding 3 years and
who, as of October 1, 1988, is employed as
a driversalesperson, as defined in 49 C.F.R. s. 395.2, and who operates solely in
intrastate commerce, is exempt from 49 C.F.R. part 391 .
A person who is an employee of an electric utility, as defined in s. 361.11, or a
telephone company, as defined in s. 364.02, and who operates a commercial motor
vehicle solely in intrastate commerce and within a 200 airmile radius of the location
where the vehicle is based, is exempt from 49 C.F.R. ss. 396.11 and 396.13 and 49 C.F.R.
part 391, subparts D and E.
A person whose driving record shows no traffic convictions, pursuant to s. 322.61,
during the 2year period immediately preceding the application for the commercial driver
license, who is otherwise qualified as a driver under 49 C.F.R. part 391, and who operates
a commercial vehicle in intrastate commerce only shall be exempt from the requirements
of 49 C.F.R. part 391, subpart E, s. 391.41(b)(10). However, such operators are still
subject to the requirements of ss. 322.12 and 322.121. As proof of eligibility, such driver
shall have in his or her possession a physical examination form dated within the past 24
months.
A person who is otherwise qualified as a driver under 49 C.F.R. part 391 , who
operates a commercial motor vehicle in intrastate commerce only, and who does not
transport hazardous materials in amounts that require placarding pursuant to
49 C.F.R.
part 172 , is exempt from the requirements of 49 C.F.R. part 391, subpart E, ss. 391.41(b)
(3) and 391.43(e), relating to diabetes.
A person holding a commercial driver license who is a regularly employed driver of a
commercial motor vehicle and is subject to an alcohol and controlled substance testing
program
related to that employment shall not be required to be part of a separate testing program
for operating any bus owned and operated by a church when the driver does not receive
any form of compensation for operating the bus and when the bus is used to transport
people to or from churchrelated activities at no charge. The provisions of this paragraph
may not be implemented if the Federal Government notifies the department that
implementation will adversely affect the allocation of federal funds to the state.
Notwithstanding any contrary provision in subsections (1) and (2), a covered farm
vehicle, as defined in s. 316.003, and the operator of such vehicle are exempt from the
requirements relating to controlled substances and alcohol use and testing in
49 C.F.R.
part 382 ; commercial driver licenses in
49 C.F.R. part 383
; physical qualifications and
examinations in 49 C.F.R. part 391, subpart E; hours of service of drivers in 49 C.F.R.
part 395; and inspection, repair, and maintenance in 49 C.F.R. part 396, when operating:
Anywhere in this state if the covered farm vehicle has a gross vehicle weight or gross
vehicle weight rating, whichever is greater, of 26,001 pounds or less.
Anywhere in the state of registration, or across state lines within 150 air miles of the
farm or ranch with respect to which the vehicle is being operated, if the covered farm
vehicle has a gross vehicle weight or gross vehicle weight rating, whichever is greater, of
more than 26,001 pounds.
The provisions in this subsection do not apply to a vehicle transporting hazardous
materials in amounts that require placarding pursuant to 49 C.F.R. part 172.
A person who has not attained 18 years of age may not operate a commercial motor
vehicle, except that a person who has not attained 18 years of age may operate a commercial
motor vehicle which has a gross vehicle weight of less than 26,001 pounds while transporting
agricultural products, including horticultural or forestry products, from farm or harvest place
to storage or market.
(a) Except as provided in this subsection, all commercial motor vehicles transporting any
hazardous material on any road, street, or highway open to the public, whether engaged in
interstate or intrastate commerce, and any person who offers hazardous materials for such
transportation, are subject to the regulations contained in 49 C.F.R. part 107, subparts F and
G, and 49 C.F.R. parts 171, 172, 173, 177, 178, and 180. Effective July 1, 1997, the
exceptions for intrastate motor carriers provided in 49 C.F.R. 173.5 and 173.8
are hereby
adopted.
In addition to the penalties provided in s. 316.3025(3)(b), (c), (d), and (e), any motor
carrier or any of its officers, drivers, agents, representatives, employees, or shippers of
hazardous materials that do not comply with this subsection or any rule adopted by a state
agency that is consistent with the federal rules and regulations regarding hazardous materials
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083. To ensure compliance with this subsection, state highway patrol officers may
inspect shipping documents and cargo of any vehicle known or suspected to be a transporter
of hazardous materials.
The Department of Highway Safety and Motor Vehicles may adopt and revise rules to
assure the safe operation of
commercial motor vehicles. The Department of Highway Safety and Motor Vehicles may
enter into cooperative agreements as provided in 49 C.F.R. part 388. Department of
Highway Safety and Motor Vehicles personnel may conduct motor carrier and shipper
compliance reviews for the purpose of determining compliance with this section and s.
627.7415.
The state Department of Highway Safety and Motor Vehicles shall perform the duties
that are assigned to the Field Administrator, Federal Motor Carrier Safety Administration
under the federal rules, and an agent of that department may enforce those rules.
A person who operates a commercial motor vehicle solely in intrastate commerce
shall direct to the state Department of Highway Safety and Motor Vehicles any
communication that the federal rules require persons subject to the jurisdiction of the
United States Department of Transportation to direct to that department.
For the purpose of enforcing this section, any law enforcement officer of the
Department of Highway Safety and Motor Vehicles or duly appointed agent who holds a
current safety inspector certification from the Commercial Vehicle Safety Alliance may
require the driver of any commercial vehicle operated on the highways of this state to
stop and submit to an inspection of the vehicle or the driver’s records. If the vehicle or
driver is found to be operating in an unsafe condition, or if any required part or
equipment is not present or is not in proper repair or adjustment, and the continued
operation would present an unduly hazardous operating condition, the officer may require
the vehicle or the driver to be removed from service pursuant to the
North American Standard OutofService Criteria, until corrected. However, if
continuous operation would not present an unduly hazardous operating condition, the
officer may give written notice requiring correction of the condition within 14 days.
Any member of the Florida Highway Patrol or any law enforcement officer employed
by a sheriff’s office or municipal police department authorized to enforce the traffic laws
of this state pursuant to s. 316.640 who has reason to believe that a vehicle or driver is
operating in an unsafe condition may, as provided in subsection (11), enforce the
provisions of this section.
Any person who fails to comply with an officer’s request to submit to an inspection
under this subsection commits a violation of s. 843.02 if the person resists the officer
without violence or a violation of s. 843.01 if the person resists the officer with violence.
This section does not apply to any nonpublic sector bus.
Any traffic enforcement officer or any person otherwise authorized to enforce this
section may issue a traffic citation as provided by s. 316.650 to an alleged violator of any
provision of this section.
In addition to any other penalty provided in this section, a person who operates a
commercial motor vehicle that bears an identification number required by this section
which is false, fraudulent, or displayed without the consent of the person to whom it is
assigned commits a misdemeanor of the first degree, punishable as provided in s. 775.082
or s. 775.083.
(a) Notwithstanding any provision of law to the contrary, a
provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor
carrier transportation contract that purports to indemnify, defend, or hold harmless, or has
the effect of indemnifying, defending, or holding harmless, the promisee from or against
any liability for loss or damage resulting from the negligence or intentional acts or
omissions of the promisee is against the public policy of this state and is void and
unenforceable.
As used in this subsection, the term “promisee” means the contract’s promisee and
any agents, employees, servants, or independent contractors who are directly responsible
to the contract’s promisee, except that the term does not include motor carriers which are
party to a motor carrier transportation contract with the contract’s promisee, including
such motor carrier’s agents, employees, servants, or independent contractors directly
responsible to such motor carrier.
This subsection only applies to motor carrier transportation contracts entered into or
renewed on or after July 1, 2010.
316.303. Television receivers.
No motor vehicle may be operated on the highways of this state if the vehicle is
actively displaying moving television broadcast or prerecorded video entertainment
content that is visible from the driver’s seat while the vehicle is in motion, unless the
vehicle is equipped with autonomous technology, as defined in s. 316.003(2), and is
being operated in autonomous mode, as provided in s. 316.85(2).
This section does not prohibit the use of televisiontype
receiving equipment used exclusively for safety or law enforcement purposes, provided
such use is approved by the department.
This section does not prohibit the use of an electronic display used in conjunction
with a vehicle navigation system; an electronic display used by an operator of a vehicle
equipped with autonomous technology, as defined in s. 316.003; or an electronic display
used by an operator of a vehicle equipped and operating with driverassistive truck
platooning technology, as defined in s. 316.003.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.305. Wireless communications devices; prohibition.
This section may be cited as the “Florida Ban on Texting While Driving Law.”
It is the intent of the Legislature to:
Improve roadway safety for all vehicle operators, vehicle passengers, bicyclists,
pedestrians, and other road users.
Prevent crashes related to the act of text messaging while driving a motor vehicle.
Reduce injuries, deaths, property damage, health care costs, health insurance rates,
and automobile insurance rates related to motor vehicle crashes.
Authorize law enforcement officers to stop motor vehicles and issue citations as a
secondary offense to persons who are
texting while driving.
(a) A person may not operate a motor vehicle while manually typing or entering
multiple letters, numbers, symbols, or other characters into a wireless communications
device or while sending or reading data on such a device for the purpose of nonvoice
interpersonal communication, including, but not limited to, communication methods
known as texting, emailing, and instant messaging. As used in this section, the term
“wireless communications device” means any handheld device used or capable of being
used in a handheld manner, that is designed or intended to receive or transmit text or
characterbased messages, access or store data, or connect to the Internet or any
communications service as defined in s. 812.15 and that allows text communications. For
the purposes of this paragraph, a motor vehicle that is stationary is not being operated and
is not subject to the prohibition in this paragraph.
Paragraph (a) does not apply to a motor vehicle operator who is:
Performing official duties as an operator of an authorized emergency vehicle as
defined in s. 322.01, a law enforcement or fire service professional, or an emergency
medical services professional.
Reporting an emergency or criminal or suspicious activity to law enforcement
authorities.
Receiving messages that are:
a. Related to the operation or navigation of the motor vehicle;
b. Safetyrelated information, including emergency, traffic, or
weather alerts;
c. Data used primarily by the motor vehicle; or
d. Radio broadcasts.
Using a device or system for navigation purposes.
Conducting wireless interpersonal communication that does not require manual entry
of multiple letters, numbers, or symbols, except to activate, deactivate, or initiate a
feature or function.
Conducting wireless interpersonal communication that does not require reading text
messages, except to activate, deactivate, or initiate a feature or function.
Operating an autonomous vehicle, as defined in s. 316.003, in autonomous mode.
Only in the event of a crash resulting in death or personal injury, a user’s billing
records for a wireless communications device or the testimony of or written statements
from appropriate authorities receiving such messages may be admissible as evidence in
any proceeding to determine whether a violation of paragraph (a) has been committed.
(a) Any person who violates paragraph (3)(a) commits a noncriminal traffic
infraction, punishable as a nonmoving violation as provided in chapter 318.
Any person who commits a second or subsequent violation of paragraph (3)(a)
within 5 years after the date of a prior conviction for a violation of paragraph (3)(a)
commits a noncriminal traffic infraction, punishable as a moving violation as provided in
chapter 318.
Enforcement of this section by state or local law enforcement agencies must be
accomplished only as a secondary action when an operator of a motor vehicle has been
detained for a suspected violation of another provision of this chapter, chapter 320, or
chapter 322.
316.400. Headlamps.
Every motorcycle and every motordriven cycle shall be equipped with at least one
and not more than two headlamps which shall comply with the requirements and
limitations of this chapter.
Every headlamp upon every motorcycle and motordriven cycle shall be located at a
height of not more than 54 inches nor less than 24 inches to be measured as set forth in s.
316.217(3).
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.405. Motorcycle headlights to be turned on.
Any person who operates a motorcycle or motordriven cycle on the public streets or
highways shall, while so engaged, have the headlight or headlights of such motorcycle or
motordriven cycle turned on. Failure to comply with this section during the hours from
sunrise to sunset, unless compliance is otherwise required by law, shall not be admissible
as evidence of negligence in a civil action. During the hours of operation between sunrise
and sunset, the headlights may modulate either the upper beam or the lower beam from
its maximum intensity to a lower intensity, in accordance with Federal Motor Vehicle
Safety Standard
571.108.
Failure to comply with the provisions of this section shall not be deemed negligence
per se in any civil action, but the violation of this section may be considered on the issue
of negligence if the violation of this section is a proximate cause of a crash.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.410. Taillamps.
Every motorcycle and motordriven cycle shall have at least one taillamp which shall
be located at a height of not more than 72 nor less than 20 inches.
Either a taillamp or a separate lamp shall be so constructed and placed as to
illuminate with a white light the rear registration plate and render it clearly legible from a
distance of 50 feet to the rear. Any taillamp or taillamps, together with any separate lamp
or lamps for illuminating the rear registration plate, shall be so wired as to be lighted
whenever the headlamps or auxiliary driving lamps are lighted.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.415. Reflectors.
Every motorcycle and motordriven cycle shall carry on the rear, either as part of the
taillamp or separately, at least one red reflector. A violation of this section is a
noncriminal traffic
infraction, punishable as a nonmoving violation as provided in chapter 318.
316.420. Stop lamps.
Every motorcycle and motordriven cycle shall be equipped with at least one stop
lamp meeting the requirements of s. 316.234(1). A violation of this section is a
noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter
318.
316.425. Lamps on parked motorcycles.
Every motorcycle must comply with the provisions of s. 316.229 regarding lamps on
parked vehicles and the use thereof.
Motordriven cycles need not be equipped with parking lamps or otherwise comply
with the provisions of s. 316.229.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.430. Multiplebeam roadlighting equipment.
Every motorcycle other than a motordriven cycle shall be equipped with multiple
beam roadlighting equipment.
Such equipment shall:
Reveal persons and vehicles at a distance of at least 300 feet ahead when the
uppermost distribution of light is selected;
Reveal persons and vehicles at a distance of at least 150 feet ahead when the
lowermost distribution of light is selected.
On a straight, level road under any condition of loading none of the high intensity
portion of the beam shall be directed to strike the eyes of an approaching driver.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.435. Lighting equipment for motordriven cycles.
The headlamp or headlamps upon every motordriven cycle may be of the single
beam or multiplebeam type, but in either event shall comply with the requirements and
limitations as follows:
Every such headlamp or headlamps on a motordriven cycle shall be of sufficient
intensity to reveal persons and vehicles at a distance of not less than 100 feet when the
motordriven cycle is operated at any speed less than 25 miles per hour; at a distance of
not less than 200 feet when the motordriven cycle is operated at a speed of 25 or more
miles per hour; and at a distance of not less than 300 feet when the motordriven cycle is
operated at a speed of 35 or more miles per hour.
In the event the motordriven cycle is equipped with a multiplebeam headlamp or
headlamps, such equipment shall comply with the requirements of s. 316.430(2).
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.440. Brake equipment required.
Every motordriven cycle must comply with the provisions of s.
316.261, except that:
Motorcycles and motordriven cycles need not be equipped with parking brakes.
The wheel of a sidecar attached to a motorcycle or to a motordriven cycle, and the
front wheel of a motordriven cycle, need not be equipped with brakes, provided that
such motorcycle or motordriven cycle is capable of complying with the performance
requirements of this chapter.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.455. Other equipment.
Every motorcycle and every motordriven cycle when operated upon a highway shall
comply with the requirements and limitations of:
Section 316.271(1) and (2) on the requirement for horns and warning devices.
Section 316.271(3) on the requirement for the use of horns.
Section 316.271(4) on the requirement for sirens, whistles, and bells.
Section 316.271(5) on the requirement for theft alarms.
Section 316.271(6) on the requirement for emergency vehicles.
Section 316.272 on the requirement for mufflers and prevention of noise.
(7) Section 316.294 on the requirement for mirrors.
316.46. Equipment regulations for mopeds.
No person may operate a moped that does not conform to all applicable federal motor
vehicle safety standards relating to lights and safety and other equipment contained in
Title 49, Code of Federal Regulations. A violation of this section is a noncriminal traffic
infraction, punishable as a nonmoving violation as provided in chapter 318.
316.510. Projecting loads on passenger vehicles.
No passenger type vehicle shall be operated on any highway with any load carried
thereon extending beyond the fenders on the left side of the vehicle or extending more
than 6 inches beyond the line of the fenders on the right side thereof. A violation of this
section is a noncriminal traffic infraction, punishable as a nonmoving violation as
provided in chapter 318.
316.515. Maximum width, height, length.
WIDTH LIMITATION.—The total outside width of any vehicle or the load thereon
may not exceed 102 inches, exclusive of safety devices determined by the department to
be necessary for the safe and efficient operation of motor vehicles. The use of public
roads that do not have at least one through lane of 12 feet or more in width in each
direction, and the use of public roads deemed unsafe for wider vehicles on the basis of
safety and
engineering analyses, by vehicles exceeding 96 inches in width may be restricted by the
Department of Transportation or by local officials for streets and roads under their
respective jurisdictions. The total outside width of a noncommercial travel trailer,
camping trailer, truck camper, motor home, or private motor coach as defined in s.
320.01 may be more than 102 inches if:
The excess width is attributable to appurtenances that do not extend beyond the
exterior rearview mirrors installed on the motor home by the manufacturer or the exterior
rearview mirrors of the tow vehicle; and
The exterior rearview mirrors only extend the distance necessary to provide the
appropriate field of view for the vehicle before the appurtenances are attached.
HEIGHT LIMITATION.—No vehicle may exceed a height of 13 feet 6 inches,
inclusive of load carried thereon. However, an automobile transporter may measure a
height not to exceed 14 feet, inclusive of the load carried thereon.
LENGTH LIMITATION.—Except as otherwise provided in this section, length
limitations apply solely to a semitrailer or trailer, and not to a truck tractor or to the
overall length of a combination of vehicles. No combination of commercial motor
vehicles coupled together and operating on the public roads may consist of more than one
truck tractor and two trailing units. Unless otherwise specifically provided for in this
section, a combination of vehicles not qualifying as commercial motor vehicles may
consist of no more than two units coupled together; such nonqualifying combination of
vehicles may not exceed a total length of 65 feet, inclusive of the load carried thereon,
but
exclusive of safety and energy conservation devices approved by the department for use
on vehicles using public roads. Notwithstanding any other provision of this section, a
truck tractorsemitrailer combination engaged in the transportation of automobiles or
boats may transport motor vehicles or boats on part of the power unit; and, except as may
otherwise be mandated under federal law, an automobile or boat transporter semitrailer
may not exceed 50 feet in length, exclusive of the load; however, the load may extend up
to an additional 6 feet beyond the rear of the trailer. The 50feet length limitation does
not apply to nonstingersteered automobile or boat transporters that are 65 feet or less in
overall length, exclusive of the load carried thereon, or to stingersteered automobile or
boat transporters that are 75 feet or less in overall length, exclusive of the load carried
thereon. For purposes of this subsection, a “stingersteered automobile or boat
transporter” is an automobile or boat transporter configured as a semitrailer combination
wherein the fifth wheel is located on a drop frame located behind and below the rearmost
axle of the power unit. Notwithstanding paragraphs (a) and (b), any straight truck or truck
tractorsemitrailer combination engaged in the transportation of horticultural trees may
allow the load to extend up to an additional 10 feet beyond the rear of the vehicle,
provided said trees are resting against a retaining bar mounted above the truck bed so that
the root balls of the trees rest on the floor and to the front of the truck bed and the tops of
the trees extend up over and to the rear of the truck bed, and provided the overhanging
portion of the load is covered with protective fabric.
Straight trucks.—A straight truck may not exceed a length of 40 feet in extreme
overall dimension, exclusive of safety and
energy conservation devices approved by the department for use on vehicles using public
roads. A straight truck may attach a forklift to the rear of the cargo bed, provided the
overall combined length of the vehicle and the forklift does not exceed 50 feet. A straight
truck may tow no more than one trailer, and the overall length of the trucktrailer
combination may not exceed 68 feet, including the load thereon. Notwithstanding any
other provisions of this section, a trucktrailer combination engaged in the transportation
of boats, or boat trailers whose design dictates a fronttorear stacking method may not
exceed the length limitations of this paragraph exclusive of the load; however, the load
may extend up to an additional 6 feet beyond the rear of the trailer.
(b) Semitrailers.—
A semitrailer operating in a truck tractorsemitrailer combination may not exceed 48
feet in extreme overall outside dimension, measured from the front of the unit to the rear
of the unit and the load carried thereon, exclusive of safety and energy conservation
devices approved by the department for use on vehicles using public roads, unless it
complies with subparagraph
A semitrailer which exceeds 48 feet in length and is used to transport divisible loads may
operate in this state only if issued a permit under s. 316.550 and if such trailer meets the
requirements of this chapter relating to vehicle equipment and safety. Except for
highways on the tandem trailer truck highway network, public roads deemed unsafe for
longer semitrailer vehicles or those roads on which such longer vehicles are determined
not to be in the interest of public convenience shall, in conformance with s. 316.006, be
restricted by the Department of Transportation or by
the local authority to use by semitrailers not exceeding a length of 48 feet, inclusive of
the load carried thereon but exclusive of safety and energy conservation devices approved
by the department for use on vehicles using public roads. Truck tractorsemitrailer
combinations shall be afforded reasonable access to terminals; facilities for food, fuel,
repairs, and rest; and points of loading and unloading.
A semitrailer which is more than 48 feet but not more than 57 feet in extreme overall
outside dimension, as measured pursuant to subparagraph 1., may operate on public
roads, except roads on the State Highway System which are restricted by the Department
of Transportation or other roads restricted by local authorities, if:
a. The distance between the kingpin or other peg that locks into the fifth wheel of a
truck tractor and the center of the rear axle or rear group of axles does not exceed 41 feet,
or, in the case of a semitrailer used exclusively or primarily to transport vehicles in
connection with motorsports competition events, the distance does not exceed 46 feet
from the kingpin to the center of the rear axles; and
b. It is equipped with a substantial rearend underride protection device meeting the
requirements of 49 C.F.R. s. 393.86, “Rear End Protection.”
(c) Tandem trailer trucks.—
Except for semitrailers and trailers of up to 28 ½ feet in length which existed on
December 1, 1982, and which were actually and lawfully operating on that date, no
semitrailer or trailer operating in a truck tractorsemitrailertrailer combination
may exceed a length of 28 feet in extreme overall outside dimension, measured from the
front of the unit to the rear of the unit and the load carried thereon, exclusive of safety
and energy conservation devices approved by the Department of Transportation for use
on vehicles using public roads.
Tandem trailer trucks conforming to the weight and size limitations of this chapter
and in immediate transit to or from a terminal facility as defined in this chapter may
operate on the public roads of this state except for residential neighborhood streets
restricted by the Department of Transportation or local jurisdictions. In addition, the
Department of Transportation or local jurisdictions may restrict these vehicles from using
streets and roads under their maintenance responsibility on the basis of safety and
engineering analyses, provided that the restrictions are consistent with the provisions of
this chapter. The Department of Transportation shall develop safety and engineering
standards to be used by all jurisdictions when identifying public roads and streets to be
restricted from tandem trailer truck operations.
Except as otherwise provided in this section, within 5 miles of the Federal National
Network for large trucks, tandem trailer trucks shall be afforded access to terminals;
facilities for food, fuel, repairs, and rest; and points of loading and unloading.
Notwithstanding the provisions of any general or special law to the contrary, all local
system tandem trailer truck route review procedures must be consistent with those
adopted by the Department of Transportation.
Tandem trailer trucks employed as household goods carriers and conforming to the
weight and size limitations of this chapter
shall be afforded access to points of loading and unloading on the public streets and roads
of this state, except for streets and roads that have been restricted from use by such
vehicles on the basis of safety and engineering analyses by the jurisdiction responsible
for maintenance of the streets and roads.
Maxicube vehicles.—Maxicube vehicles shall be allowed to operate on routes open
to tandem trailer trucks under the same conditions applicable to tandem trailer trucks as
specified by this section.
LOAD EXTENSION LIMITATION.—The load upon any vehicle operated alone, or
the load upon the front vehicle of a combination of vehicles, may not extend more than 3
feet beyond the front wheels of the vehicle or the front bumper of the vehicle if it is
equipped with a bumper.
The limitations of this subsection do not apply to bicycle racks carrying bicycles on
public sector transit vehicles.
The provisions of this subsection shall not apply to a frontend loading collection
vehicle, when:
The frontend loading mechanism and container or containers are in the lowered
position;
The vehicle is engaged in collecting solid waste or recyclable or recovered materials;
The vehicle is being operated at speeds less than 20 miles per hour with the vehicular
hazardwarning lights activated; and
The extension does not exceed 8 feet 6 inches.
IMPLEMENTS OF HUSBANDRY AND FARM
EQUIPMENT; AGRICULTURAL TRAILERS; FORESTRY EQUIPMENT; SAFETY
REQUIREMENTS.—
Notwithstanding any other provisions of law, straight trucks, agricultural tractors,
citrus harvesting equipment, citrus fruit loaders, and cotton module movers, not
exceeding 50 feet in length, or any combination of up to and including three implements
of husbandry, including the towing power unit, and any single agricultural trailer with a
load thereon or any agricultural implements attached to a towing power unit, or a self
propelled agricultural implement or an agricultural tractor, is authorized for the purpose
of transporting peanuts, grains, soybeans, citrus, cotton, hay, straw, or other perishable
farm products from their point of production to the first point of change of custody or of
longterm storage, and for the purpose of returning to such point of production, or for the
purpose of moving such tractors, movers, and implements from one point of agricultural
production to another, by a person engaged in the production of any such product or
custom hauler, if such vehicle or combination of vehicles otherwise complies with this
section. The Department of Transportation may issue overlength permits for cotton
module movers greater than 50 feet but not more than 55 feet in overall length. Such
vehicles shall be operated in accordance with all safety requirements prescribed by law
and rules of the Department of Transportation.
Notwithstanding any other provision of law, equipment not exceeding 136 inches in
width and not capable of speeds exceeding 20 miles per hour which is used exclusively
for harvesting forestry products is authorized for the purpose of transporting equipment
from one point of harvest to another point
of harvest, not to exceed 10 miles, by a person engaged in the harvesting of forestry
products. Such vehicles must be operated during daylight hours only, in accordance with
all safety requirements prescribed by s. 316.2295(5) and (6).
The width and height limitations of this section do not apply to farming or
agricultural equipment, whether selfpropelled, pulled, or hauled, when temporarily
operated during daylight hours upon a public road that is not a limited access facility as
defined in s. 334.03(12), and the width and height limitations may be exceeded by such
equipment without a permit. To be eligible for this exemption, the equipment shall be
operated within a radius of 50 miles of the real property owned, rented, managed,
harvested, or leased by the equipment owner. However, equipment being delivered by a
dealer to a purchaser is not subject to the 50mile limitation. Farming or agricultural
equipment greater than 174 inches in width must have one warning lamp mounted on
each side of the equipment to denote the width and must have a slowmoving vehicle
sign. Warning lamps required by this paragraph must be visible from the front and rear of
the vehicle and must be visible from a distance of at least 1,000 feet.
The operator of equipment operated under this subsection is responsible for verifying
that the route used has adequate clearance for the equipment.
TOUR TRAINS.—Any tour train or similar operation which has been continuously
conducted for 120 days prior to the date this chapter becomes law is also authorized
hereunder, subject to the length restriction and other restrictions imposed by law, not in
conflict with the provisions of this chapter.
FIRE OR EMERGENCY VEHICLES, UTILITY VEHICLES, AND OTHER
VEHICLES TRANSPORTING NONDIVISIBLE LOADS.—The length limitations
imposed by this section do not apply to:
Vehicles of a fire department or emergency vehicles owned or operated by
governmental entities.
Utility vehicles owned or operated by governmental entities or public utility
corporations, or operated under contract with such entities or corporations:
When transporting poles during daytime, except on weekends and holidays, as
defined in the rules of the Department of Transportation, and when the vehicle and load
do not exceed 120 feet in overall length, provided proper flags are located at the rearmost
end of the load. However, such movements with an overall length in excess of 75 feet:
a. Shall be equipped with a working warning light device.
being transported under emergency conditions, only a single trailing companyowned
flasherequipped escort vehicle shall be required, provided that the pole being transported
shall be equipped with active marker lights, visible from both sides, at a maximum of 6
foot intervals mounted along the pole or trailer extending the length of the trailer and at
36inch intervals along the pole extending beyond the rear of the trailer.
When transporting poles during emergencies or required maintenance. Such
movements may be made on all days and at all hours, provided the respective daytime or
nighttime requirements are otherwise met.
When operating flasherequipped straight truck utility vehicles that have permanently
mounted equipment that extends up to 9 feet beyond the front bumper, provided:
a. Such equipment, when in the travel position, is supported in such a manner that it
has a minimum of 80 inches clearance above the roadway;
b. Such equipment is illuminated on the forwardmost sides with high visibility
reflective tape;
c. The respective daytime and nighttime requirements for operation are otherwise
met;
d. Nighttime emergency or required maintenance operation of such utility vehicles
with overall lengths in excess of 50 feet are led by a companyprovided flasherequipped
escort vehicle; and
e. Trailers are not pulled by utility vehicles over 50 feet in length.
A flasherequipped escort vehicle is defined as an automobile or truck that closely
accompanies an over dimensional vehicle or load carried thereon to alert approaching
traffic of that vehicle or load. Such escort vehicles shall be equipped with a working
warning light device, as defined in this subsection, except that such device shall be
located on top of the escort vehicle. Warning light devices required in this subsection
shall be consistent with size, color, type, intensity, and mounting requirements developed
by the Department of Transportation.
Truck tractorsemitrailer or pole trailer combination vehicles transporting poles or
other objects of a structural nature that cannot be readily dismembered, when operating in
the daytime, excluding Saturdays, Sundays, and holidays and when the vehicle and load
do not exceed 75 feet when proper flags are displayed as required in s. 316.228.
Vehicles transporting treelength unprocessed logs, when operating in the daytime
and when the vehicle and load do not exceed 75 feet; but, in respect to such movement,
proper flags shall be located at the extreme ends of the load.
Straight trucks transporting poles or other objects of a structural nature that cannot be
readily dismembered, when operating in the daytime, excluding Saturdays, Sundays, and
holidays, when the load does not extend past the rearmost part of the vehicle more than
onehalf the length of the permanent bed or cargocarrying structure of the vehicle, when
at least twothirds of the length of the cargo rests on the bed or cargocarrying structure,
when the load complies with subsection (4), and when proper flags are displayed in
accordance with s. 316.228.
WRECKERS.—The limitations imposed by this section do not apply to a
combination of motor vehicles consisting of a wrecker licensed in accordance with s.
320.08(5)(d) or (e) and a disabled motor vehicle, trailer, semitrailer, or tractortrailer
combination, or a replacement motor vehicle, which is under tow by the wrecker, if the
size and weight of the towed vehicle is consistent with statutory requirements and the
requirements of this subsection.
The limitations imposed by this section do not apply to a combination of motor
vehicles consisting of a wrecker licensed under the International Registration Plan and a
disabled motor vehicle, trailer, semitrailer, tractortrailer combination, or a replacement
motor vehicle, which is under tow by the wrecker, if the size and weight of the towed
vehicle is consistent with statutory requirements and the requirements of this subsection.
However, a wrecker may not tow a disabled nonconforming vehicle operating under
a current special use permit or permits where the combined weight of the wrecker and the
towed nonconforming vehicle exceeds the permitted weight of the towed vehicle’s
permit.
Where the combined weight of the wrecker and the towed vehicle exceeds the
maximum weight limits as established by s. 316.535, the wrecker must be operating
under a current wrecker special use permit or permits as provided in s. 316.550(5) or in
accordance with paragraph (b).
The limitations imposed by this section do not apply to a combination of motor
vehicles consisting of a wrecker licensed in accordance with s. 320.08(5)(d) or (e) and a
nondisabled tractor
trailer combination that is under tow by the wrecker, if the tractortrailer combination is
being towed by the wrecker in an emergency situation as directed by a law enforcement
officer. No wrecker shall tow a nondisabled tractortrailer combination except in an
emergency situation as directed by a law enforcement officer, or as provided in s. 715.07.
(9) BUSES AND PRIVATE MOTOR COACHES.—
Anything in this chapter to the contrary notwithstanding, no bus or private motor
coach may exceed a length of 50 feet, for a singleunit coach, or 65 feet, for an articulated
coach. No bus or private motor coach may exceed a width of 102 inches, exclusive of
safety equipment.
School buses which are subject to the provisions of s. 316.615 or chapter 1006 are
exempt from the provisions of this subsection.
AUTOMOBILE TOWAWAY AND DRIVEAWAY OPERATIONS.—An
automobile towaway or driveaway operation transporting new or used trucks may use
what is known to the trade as “saddle mounts” if the overall length does not exceed 97
feet and no more than three saddle mounts are towed. Such combinations may include
one full mount. Saddle mount combinations must also comply with the applicable safety
regulations in 49 C.F.R. s. 393.71.
REFUSE COLLECTION AND TRANSPORT VEHICLES.—A combination of
vehicles up to five in number is authorized for the sole purpose of collecting refuse and
transporting refuse to a dump. Such a vehicle or combination of vehicles shall be covered
in such a manner that refuse transported
therein does not spill from the vehicles, shall otherwise comply with the provisions of
this section, and shall use the state roads only to the extent necessary to collect and
dispose of refuse.
TURNPIKE LIMITATIONS.—The adopted vehicle width, height, and length rules
of the Florida Turnpike are in addition to the requirements of this section. Vehicles
seeking to operate on the turnpike shall meet the requirements of the rules adopted by the
Department of Transportation for the turnpike.
MAINTENANCE EQUIPMENT.—The vehicular dimensional limitations imposed
by this section do not apply to equipment owned or operated by the Department of
Transportation when performing maintenance operations on public roads during daylight
hours. However, such equipment shall be operated in accordance with all safety
requirements prescribed by law and Department of Transportation rules.
MANUFACTURED BUILDINGS.—The Department of Transportation may, in its
discretion and upon application and good cause shown therefor that the same is not
contrary to the public interest, issue a special permit for truck tractorsemitrailer
combinations where the total number of overwidth deliveries of manufactured buildings,
as defined in s. 553.36(13), may be reduced by permitting the use of multiple sections or
single units on an overlength trailer of no more than 80 feet.
MOTOR HOMES.—No motor home may exceed a length of 45 feet exclusive of
bumpers and safety devices.
316.520. Loads on vehicles.
A vehicle may not be driven or moved on any highway
unless the vehicle is so constructed or loaded as to prevent any of its load from dropping,
shifting, leaking, blowing, or otherwise escaping therefrom, except that sand may be
dropped only for the purpose of securing traction or water or other substance may be
sprinkled on a roadway in cleaning or maintaining the roadway.
It is the duty of every owner and driver, severally, of any vehicle hauling, upon any
public road or highway open to the public, dirt, sand, lime rock, gravel, silica, or other
similar aggregate or trash, garbage, any inanimate object or objects, or any similar
material that could fall or blow from such vehicle, to prevent such materials from falling,
blowing, or in any way escaping from such vehicle. Covering and securing the load with
a closefitting tarpaulin or other appropriate cover or a load securing device meeting the
requirements of 49 C.F.R. s. 393.100 or a device designed to reasonably ensure that cargo
will not shift upon or fall from the vehicle is required and shall constitute compliance
with this section.
(a) Except as provided in paragraph (b), a violation of this section is a noncriminal
traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
Any person who willfully violates the provisions of this section which offense results
in serious bodily injury or death to an individual and which offense occurs as a result of
failing to comply with subsections (1) and (2) commits a criminal traffic offense and a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
The provision of subsection (2) requiring covering and securing the load with a
closefitting tarpaulin or other
appropriate cover does not apply to vehicles carrying agricultural products locally from a
harvest site or to or from a farm on roads where the posted speed limit is 65 miles per
hour or less and the distance driven on public roads is less than 20 miles.
316.525. Requirements for vehicles hauling loads.
It is the duty of every owner, licensee, and driver, severally, of any truck, trailer,
semitrailer, or pole trailer to use such stanchions, standards, stays, supports, or other
equipment, appliances, or contrivances, together with one or more lock chains, when lock
chains are the most suitable means of fastening the load, or together with nylon strapping,
when nylon strapping is the most suitable means of securing the load, so as to fasten the
load securely to the vehicle.
A violation of this section is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
316.530. Towing requirements.
When one vehicle is towing another vehicle the drawbar or other connection shall be
of sufficient strength to pull all weight towed thereby, and said drawbar or other
connection shall not exceed 15 feet from one vehicle to the other except the connection
between any two vehicles transporting poles, pipe, machinery or other objects of
structural nature which cannot readily be dismembered. When one vehicle is towing
another vehicle and the connection consists of a chain, rope, or cable, there shall be
displayed upon such connection a white flag or cloth not less than 12 inches square.
When a vehicle is towing a trailer or semitrailer on a public road or highway by
means of a trailer hitch to the rear of the vehicle, there shall be attached in addition
thereto safety chains, cables, or other safety devices that comply with 49 C.F.R. subpart
F, ss. 393.71(g)(2)(1) and 393.71(h)(10) from the trailer or semitrailer to the vehicle.
These safety chains, cables, or other safety devices shall be of sufficient strength to
maintain connection of the trailer or semitrailer to the pulling vehicle under all conditions
while the trailer or semitrailer is being towed by the vehicle. The provisions of this
subsection shall not apply to trailers or semitrailers using a hitch known as a fifth wheel
nor to farm equipment traveling less than 20 miles per hour.
A violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
316.550. Operations not in conformity with law; special permits.
An oversize or overweight vehicle or load thereon may not enter onto or be operated
on a public road in this state unless the owner or operator of such vehicle has first
obtained the special permit for such movement from the appropriate governing
jurisdiction.
The Department of Transportation, with respect to highways under its jurisdiction, or
a local authority, with respect to highways under its jurisdiction, may, in its discretion
and upon application and good cause shown therefor that the same is not contrary to the
public interest, issue a special permit in writing authorizing the applicant to operate or
move a vehicle or combination of vehicles of a size or weight exceeding the
maximum specified in this chapter, or otherwise not in conformity with the provisions of
this chapter, upon any highway under the jurisdiction of the authority issuing such permit
and for the maintenance of which the authority is responsible. The permit shall describe
the vehicle or vehicles and load to be operated or moved and the highways for which the
permit is requested. The Department of Transportation or local authority is authorized to
issue or withhold such permit at its discretion or, if such permit is issued, to limit or
prescribe the conditions of operation of such vehicle or vehicles; and the department or
local authority may require such undertaking or other security as may be deemed
necessary to compensate for any damage to any roadway or road structure.
A permit may authorize a selfpropelled truck crane operating off the Interstate
Highway System to tow a motor vehicle which does not weigh more than 5,000 pounds if
the combined weight of the crane and such motor vehicle does not exceed 95,000 pounds.
Notwithstanding s. 320.01(7) or (12), truck cranes that tow another motor vehicle under
the provision of this subsection shall be taxed under the provisions of s. 320.08(5)
(b).
(a) The Department of Transportation or local authority may issue permits that
authorize commercial vehicles having weights not exceeding the limits of s. 316.535(5),
plus the scale tolerance provided in s. 316.545(2), to operate off the interstate highway
system on a designated route specified in the permit. Such permits shall be issued within
14 days after receipt of the request.
The designated route shall avoid any bridge which the
department determines cannot safely accommodate vehicles with a gross vehicle weight
authorized in paragraph (a).
Any vehicle or combination of vehicles which exceeds the weight limits authorized
in paragraph (a) shall be unloaded, and all material so unloaded shall be cared for by the
owner or operator.
(a) The Department of Transportation may issue a wrecker special blanket permit to
authorize a wrecker as defined in s. 320.01 to tow a disabled motor vehicle as defined in
s. 320.01 where the combination of the wrecker and the disabled vehicle being towed
exceeds the maximum weight limits as established by s. 316.535.
The Department of Transportation must supply the permitted wrecker with a map
showing the routes on which the wrecker may safely tow disabled vehicles for all special
permit classifications for which the wrecker applies.
The Department of Transportation or such local authority is authorized to promulgate
rules and regulations concerning the issuance of such permits and to charge a fee for the
issuance thereof, which rules, regulations, and fees shall have the force and effect of law.
The minimum fee for issuing any such permit shall be $5. The Department of
Transportation may issue blanket permits for not more than 36 months. The department
may charge an annualized fee for blanket permits not to exceed $500.
Every special permit shall be carried in the vehicle or combination of vehicles to
which it refers and shall be open to inspection by any police officer or authorized agent
of any authority granting such permit. No person shall violate any of the
terms or conditions of such special permit.
The Department of Transportation may impose fines for the operation of a vehicle in
violation of this section, as provided in subsection (10).
The Department of Transportation may not refuse to issue a permit under this section
to any person solely on the basis that such person allegedly violated this chapter or the
rules promulgated hereunder until a final order is entered with regard to such violation
pursuant to chapter 120.
Whenever any motor vehicle, or the combination of a wrecker as defined in s. 320.01
and a towed motor vehicle, exceeds any weight or dimensional criteria or special
operational or safety stipulation contained in a special permit issued under the provisions
of this section, the penalty assessed to the owner or operator shall be as follows:
For violation of weight criteria contained in a special permit, the penalty per pound
or portion thereof exceeding the permitted weight shall be as provided in s. 316.545.
For each violation of dimensional criteria in a special permit, the penalty shall be as
provided in s. 316.516 and penalties for multiple violations of dimensional criteria shall
be cumulative except that the total penalty for the vehicle shall not exceed $1,000.
For each violation of an operational or safety stipulation in a special permit, the
penalty shall be an amount not to exceed $1,000 per violation and penalties for multiple
violations of operational or safety stipulations shall be cumulative except that
the total penalty for the vehicle shall not exceed $1,000.
For violation of any special condition that has been prescribed in the rules of the
Department of Transportation and declared on the permit, the vehicle shall be determined
to be out of conformance with the permit and the permit shall be declared null and void
for the vehicle, and weight and dimensional limits for the vehicle shall be as established
in s. 316.515 or s. 316.535, whichever is applicable, and:
For weight violations, a penalty as provided in s. 316.545 shall be assessed for those
weights which exceed the limits thus established for the vehicle; and
For dimensional, operational, or safety violations, a penalty as established in
paragraph (c) or s. 316.516, whichever is applicable, shall be assessed for each
nonconforming dimensional, operational, or safety violation and the penalties for
multiple violations shall be cumulative for the vehicle.
All penalties imposed by violations of this section shall be assessed, collected, and
deposited in accordance with the provisions of s. 316.545(6).
316.600. Health and sanitation hazards.
No motor vehicle, trailer or semitrailer shall be equipped with an open toilet or other
device that may be a hazard from a health and sanitation standpoint. A violation of this
section is a noncriminal traffic infraction, punishable as a nonmoving violation as
provided in chapter 318.
316.605. Licensing of vehicles.
Every vehicle, at all times while driven, stopped, or parked upon any highways,
roads, or streets of this state, shall be licensed in the name of the owner thereof in
accordance with the laws of this state unless such vehicle is not required by the laws of
this state to be licensed in this state and shall, except as otherwise provided in s. 320.0706
for frontend registration license plates on truck tractors and s. 320.086(5) which exempts
display of license plates on described former military vehicles, display the license plate or
both of the license plates assigned to it by the state, one on the rear and, if two, the other
on the front of the vehicle, each to be securely fastened to the vehicle outside the main
body of the vehicle not higher than 60 inches and not lower than 12 inches from the
ground and no more than 24 inches to the left or right of the centerline of the vehicle, and
in such manner as to prevent the plates from swinging, and all letters, numerals, printing,
writing, the registration decal, and the alphanumeric designation shall be clear and
distinct and free from defacement, mutilation, grease, and other obscuring matter, so that
they will be plainly visible and legible at all times 100 feet from the rear or front. Except
as provided in s. 316.2085(3), vehicle license plates shall be affixed and displayed in
such a manner that the letters and numerals shall be read from left to right parallel to the
ground. No vehicle license plate may be displayed in an inverted or reversed position or
in such a manner that the letters and numbers and their proper sequence are not readily
identifiable. Nothing shall be placed upon the face of a Florida plate except as permitted
by law or by rule or regulation of a governmental agency. No license plates other than
those furnished by the state shall be used. However, if the vehicle is not required to be
licensed in this state, the license plates on such vehicle issued by another state, by a
territory,
possession, or district of the United States, or by a foreign country, substantially
complying with the provisions hereof, shall be considered as complying with this chapter.
A violation of this subsection is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
Any commercial motor vehicle operating over the highways of this state with an
expired registration, with no registration from this or any other jurisdiction, or with no
registration under the applicable provisions of chapter 320 shall be in violation of s.
320.07(3) and shall subject the owner or operator of such vehicle to the penalty provided.
In addition, a commercial motor vehicle found in violation of this section may be
detained by any law enforcement officer until the owner or operator produces evidence
that the vehicle has been properly registered and that any applicable delinquent penalties
have been paid.
316.610. Safety of vehicle; inspection.
It is a violation of this chapter for any person to drive or move, or for the owner or
his or her duly authorized representative to cause or knowingly permit to be driven or
moved, on any highway any vehicle or combination of vehicles which is in such unsafe
condition as to endanger any person or property, or which does not contain those parts or
is not at all times equipped with such lamps and other equipment in proper condition and
adjustment as required in this chapter, or which is equipped in any manner in violation of
this chapter, or for any person to do any act forbidden or fail to perform any act required
under this chapter.
Any police officer may at any time, upon reasonable cause to believe that a vehicle is
unsafe or not equipped as required by
law, or that its equipment is not in proper adjustment or repair, require the driver of the
vehicle to stop and submit the vehicle to an inspection and such test with reference
thereto as may be appropriate.
In the event the vehicle is found to be in unsafe condition or any required part or
equipment is not present or is not in proper repair and adjustment, and the continued
operation would probably present an unduly hazardous operating condition, the officer
may require the vehicle to be immediately repaired or removed from use. However, if
continuous operation would not present unduly hazardous operating conditions, that is, in
the case of equipment defects such as tailpipes, mufflers, windshield wipers, marginally
worn tires, the officer shall give written notice to require proper repair and adjustment of
same within 48 hours, excluding Sunday.
316.6105. Violations involving operation of motor vehicle in unsafe condition or
without required equipment; procedure for disposition.
In the event that a law enforcement officer issues a traffic citation for a violation of s.
316.2935 or for the operation of a motor vehicle which is in an unsafe condition or which
is not properly equipped as required pursuant to s. 316.610, the law enforcement officer
shall also issue an affidavitofcompliance form.
The person to whom the citation has been issued may mitigate the civil penalty by
making the necessary repair and presenting the vehicle to any local police department or
sheriff’s department in this state for inspection within 30 days after the
issuance of the citation.
316.613. Child restraint requirements.
(a) Every operator of a motor vehicle as defined in this section, while transporting a
child in a motor vehicle operated on the roadways, streets, or highways of this state, shall,
if the child is 5 years of age or younger, provide for protection of the child by properly
using a crashtested, federally approved child restraint device.
For children aged through 3 years, such restraint device must be a separate carrier or
a vehicle manufacturer’s integrated child seat.
For children aged 4 through 5 years, a separate carrier, an integrated child seat, or a
child booster seat may be used. However, the requirement to use a child restraint device
under this subparagraph does not apply when a safety belt is used as required in s.
316.614(4)(a) and the child:
a. Is being transported gratuitously by an operator who is not a member of the child’s
immediate family;
b. Is being transported in a medical emergency situation involving the child; or
c. Has a medical condition that necessitates an exception as evidenced by appropriate
documentation from a health care professional.
The department shall provide notice of the requirement for child restraint devices,
which notice shall accompany the delivery of each motor vehicle license tag.
As used in this section, the term “motor vehicle” means a
motor vehicle as defined in s. 316.003 that is operated on the roadways, streets, and
highways of the state. The term does not include:
A school bus as defined in s. 316.003(68).
A bus used for the transportation of persons for compensation, other than a bus
regularly used to transport children to or from school, as defined in s. 316.615(1)(b), or in
conjunction with school activities.
A farm tractor or implement of husbandry.
A truck having a gross vehicle weight rating of more than 26,000 pounds.
A motorcycle, moped, or bicycle.
The failure to provide and use a child passenger restraint shall not be considered
comparative negligence, nor shall such failure be admissible as evidence in the trial of
any civil action with regard to negligence.
It is the legislative intent that all state, county, and local law enforcement agencies,
and safety councils, in recognition of the problems with child death and injury from
unrestrained occupancy in motor vehicles, conduct a continuing safety and public
awareness campaign as to the magnitude of the problem.
Any person who violates this section commits a moving violation, punishable as
provided in chapter 318 and shall have 3 points assessed against his or her driver license
as set forth in s. 322.27. In lieu of the penalty specified in s. 318.18 and the assessment of
points, a person who violates this section may elect,
with the court’s approval, to participate in a child restraint safety program approved by
the chief judge of the circuit in which the violation occurs, and, upon completing such
program, the penalty specified in chapter 318 and associated costs may be waived at the
court’s discretion and the assessment of points shall be waived. The child restraint safety
program must use a course approved by the Department of Highway Safety and Motor
Vehicles, and the fee for the course must bear a reasonable relationship to the cost of
providing the course.
The child restraint requirements imposed by this section do not apply to a chauffeur
driven taxi, limousine, sedan, van, bus, motor coach, or other passenger vehicle if the
operator and the motor vehicle are hired and used for the transportation of persons for
compensation. It is the obligation and responsibility of the parent, guardian, or other
person responsible for a child’s welfare as defined in s. 39.01 to comply with the
requirements of this section.
316.6135. Leaving children unattended or unsupervised in motor vehicles;
penalty; authority of law enforcement officer.
A parent, legal guardian, or other person responsible for a child younger than 6 years
of age may not leave the child unattended or unsupervised in a motor vehicle:
For a period in excess of 15 minutes;
For any period of time if the motor of the vehicle is running, the health of the child is
in danger, or the child appears to be in distress.
Any person who violates the provisions of paragraph (1)(a)
commits a misdemeanor of the second degree punishable as provided in s. 775.082 or s.
775.083.
Any person who violates the provisions of paragraph (1)(b) is guilty of a noncriminal
traffic infraction, punishable by a fine not less than $50 and not more than $500.
Any person who violates subsection (1) and in so doing causes great bodily harm,
permanent disability, or permanent disfigurement to a child commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Any law enforcement officer who observes a child left unattended or unsupervised in
a motor vehicle in violation of subsection (1) may use whatever means are reasonably
necessary to protect the minor child and to remove the child from the vehicle.
If the child is removed from the immediate area, notification should be placed on the
vehicle.
The child shall be remanded to the custody of the Department of Children and
Families pursuant to chapter 39, unless the law enforcement officer is able to locate the
parents or legal guardian or other person responsible for the child.
316.614. Safety belt usage.
This section may be cited as the “Florida Safety Belt Law.”
It is the policy of this state that enactment of this section is intended to be compatible
with the continued support by the state for federal safety standards requiring automatic
crash protection, and the enactment of this section should not be used in any
manner to rescind or delay the implementation of the federal automatic crash protection
system requirements of Federal Motor Safety Standard 208 as set forth in S4.1.2.1
thereof, as entered on July 17, 1984, for new cars.
(3) As used in this section:
“Motor vehicle” means a motor vehicle as defined in s. 316.003 which is operated on
the roadways, streets, and highways of this state. The term does not include:
A school bus.
A bus used for the transportation of persons for compensation.
A farm tractor or implement of husbandry.
A truck having a gross vehicle weight rating of more than 26,000 pounds.
A motorcycle, moped, or bicycle.
To operate a motor vehicle in this state unless each passenger and the operator of the
vehicle under the age of 18 years are restrained by a safety belt or by a child restraint
device
pursuant to s. 316.613, if applicable; or
To operate a motor vehicle in this state unless the person is restrained by a safety
belt.
It is unlawful for any person 18 years of age or older to be a passenger in the front
seat of a motor vehicle unless such person is restrained by a safety belt when the vehicle
is in motion.
(a) Neither a person who is certified by a physician as having a medical condition
that causes the use of a safety belt to be inappropriate or dangerous nor an employee of a
newspaper home delivery service while in the course of his or her employment delivering
newspapers on home delivery routes is required to be restrained by a safety belt.
An employee of a solid waste or recyclable collection service is not required to be
restrained by a safety belt while in the course of employment collecting solid waste or
recyclables on designated routes.
The requirements of this section do not apply to the living quarters of a recreational
vehicle or a space within a truck body primarily intended for merchandise or property.
The requirements of this section do not apply to motor vehicles that are not required
to be equipped with safety belts under federal law.
A rural letter carrier of the United States Postal Service is not required to be
restrained by a safety belt while performing duties in the course of his or her employment
on a designated postal route.
It is the intent of the Legislature that all state, county, and local law enforcement
agencies, safety councils, and public school systems, in recognition of the fatalities and
injuries attributed to unrestrained occupancy of motor vehicles, shall conduct a continuing
safety and public awareness campaign as to the magnitude of the problem and adopt
programs designed to encourage compliance with the safety belt usage requirements of this
section.
Any person who violates the provisions of this section commits a nonmoving violation,
punishable as provided in chapter 318.
By January 1, 2006, each law enforcement agency in this state shall adopt departmental
policies to prohibit the practice of racial profiling. When a law enforcement officer issues a
citation for a violation of this section, the law enforcement officer must record the race and
ethnicity of the violator. All law enforcement agencies must maintain such information and
forward the information to the department in a form and manner determined by the
department. The department shall collect this information by jurisdiction and annually report
the data to the Governor, the President of the Senate, and the Speaker of the House of
Representatives. The report must show separate statewide totals for the state’s county sheriffs
and municipal law enforcement agencies, state law enforcement agencies, and state university
law enforcement agencies.
A violation of the provisions of this section shall not constitute negligence per se, nor
shall such violation be used as prima facie evidence of negligence or be considered in
mitigation of damages, but such violation may be considered as evidence of
comparative negligence, in any civil action.
316.622. Farm labor vehicles.
Each owner or operator of a farm labor vehicle that is operated on the public
highways of this state shall ensure that such vehicle conforms to vehicle safety standards
prescribed by the Secretary of Labor under s. 401(b) of the Migrant and Seasonal
Agricultural Worker Protection Act, 29 U.S.C. s. 1841(b), and other applicable federal
and state safety standards.
On or after January 1, 2008, a farm labor vehicle having a gross vehicle weight rating
of 10,000 pounds or less must be equipped at each passenger position with a seat belt
assembly that meets the requirements established under Federal Motor Vehicle Safety
Standard No. 208, 49 C.F.R. s. 571.208.
A farm labor contractor may not transport migrant or seasonal farm workers in a farm
labor vehicle unless the display sticker described in s. 450.33 is clearly displayed on the
vehicle.
The owner or operator of a farm labor vehicle must prominently display in the
vehicle standardized notification instructions requiring passengers to fasten their seat
belts. The Department of Highway Safety and Motor Vehicles shall create standard
notification instructions.
Failure of any migrant or seasonal farm worker to use a seat belt provided by the
owner of a farm labor vehicle under this section does not constitute negligence per se,
and such failure may not be used as prima facie evidence of negligence or be considered
in mitigation of damages, but such failure may be considered as evidence of comparative
negligence in a civil
action.
Failure of any owner or operator of a farm labor vehicle to require that all passengers
be restrained by a safety belt when the vehicle is in motion may not be considered as
evidence of negligence in any civil action, if such vehicle is otherwise in compliance with
this section.
A violation of this section is a noncriminal traffic infraction, punishable as provided
in s. 318.18(16).
The department shall provide to the Department of Business and Professional
Regulation each quarter a copy of each accident report involving a farm labor vehicle.
316.635. Courts having jurisdiction over traffic violations; powers relating to
custody and detention of minors.
A court which has jurisdiction over traffic violations shall have original jurisdiction
in the case of any minor who is alleged to have committed a violation of law or of a
county or municipal ordinance pertaining to the operation of a motor vehicle; however,
any traffic offense that is punishable by law as a felony shall be under the jurisdiction of
the circuit court.
If a minor is arrested for the commission of a criminal traffic offense and
transportation is necessary, the minor shall not be placed in any police car or other
vehicle which at the same time contains an adult under arrest, except upon special order
of the circuit court. However, if the minor is alleged to have participated with an adult in
the same offense or transaction, the minor may be transported in the same vehicle with
the adult.
If a minor is taken into custody for a criminal traffic offense or a violation of chapter
322 and the minor does not demand to be taken before a trial court judge, or a Civil
Traffic Infraction Hearing Officer, who has jurisdiction over the offense or violation, the
arresting officer or booking officer shall immediately notify, or cause to be notified, the
minor’s parents, guardian, or responsible adult relative of the action taken. After making
every reasonable effort to give notice, the arresting officer or booking officer may:
Issue a notice to appear pursuant to chapter 901 and release the minor to a parent,
guardian, responsible adult relative, or other responsible adult;
Issue a notice to appear pursuant to chapter 901 and release the minor pursuant to s.
903.06;
Issue a notice to appear pursuant to chapter 901 and deliver the minor to an
appropriate substance abuse treatment or rehabilitation facility or refer the minor to an
appropriate medical facility as provided in s. 901.29. If the minor cannot be delivered to
an appropriate substance abuse treatment or rehabilitation facility or medical facility, the
arresting officer may deliver the minor to an appropriate intake office of the Department
of Juvenile Justice, which shall take custody of the minor and make any appropriate
referrals; or
If the violation constitutes a felony and the minor cannot be released pursuant to s.
903.03, transport and deliver the minor to an appropriate Department of Juvenile Justice
intake office. Upon delivery of the minor to the intake office, the department shall
assume custody and proceed pursuant to chapter 984 or chapter
985.
If action is not taken pursuant to paragraphs (a)(d), the minor shall be delivered to
the Department of Juvenile Justice, and the department shall make every reasonable
effort to contact the parents, guardian, or responsible adult relative to take custody of the
minor. If there is no parent, guardian, or responsible adult relative available, the
department may retain custody of the minor for up to 24 hours.
A minor who willfully fails to appear before any court or judicial officer as required
by written notice to appear is guilty of contempt of court. Upon a finding by a court, after
notice and a hearing, that a minor is in contempt of court for willful failure to appear
pursuant to a valid notice to appear, the court may:
For a first offense, order the minor to serve up to 5 days in a staffsecure shelter as
defined in chapter 984 or, if space in a staffsecure shelter is unavailable, in a secure
juvenile detention center.
For a second or subsequent offense, the court may order a minor to serve up to 15
days in a staffsecure shelter or, if space in a staffsecure shelter is unavailable, in a
secure juvenile detention center.
316.640. Enforcement.
The enforcement of the traffic laws of this state is vested as follows:
(1) STATE.—
1. a. The Division of Florida Highway Patrol of the
Department of Highway Safety and Motor Vehicles; the Division of Law Enforcement of
the Fish and Wildlife Conservation Commission; and the agents, inspectors, and officers
of the Department of Law Enforcement each have authority to enforce all of the traffic
laws of this state on all the streets and highways thereof and elsewhere throughout the
state wherever the public has a right to travel by motor vehicle.
b. University police officers may enforce all of the traffic laws of this state when
violations occur on or within 1,000 feet of any property or facilities that are under the
guidance, supervision, regulation, or control of a state university, a directsupport
organization of such state university, or any other organization controlled by the state
university or a directsupport organization of the state university, or when such violations
occur within a specified jurisdictional area as agreed upon in a mutual aid agreement
entered into with a law enforcement agency pursuant to s. 23.1225(1). Traffic laws may
also be enforced offcampus when hot pursuit originates on or within 1,000 feet of any
such property or facilities, or as agreed upon in accordance with the mutual aid
agreement.
c. Florida College System institution police officers may enforce all the traffic laws
of this state only when such violations occur on or within 1,000 feet of any property or
facilities that are under the guidance, supervision, regulation, or control of the Florida
College System institution, or when such violations occur within a specified jurisdictional
area as agreed upon in a mutual aid agreement entered into with a law enforcement
agency pursuant to s. 23.1225. Traffic laws may also be enforced offcampus when hot
pursuit originates on or within 1,000 feet of any
such property or facilities, or as agreed upon in accordance with the mutual aid
agreement.
d. Police officers employed by an airport authority may enforce all of the traffic laws
of this state only when such violations occur on any property or facilities that are owned
or operated by an airport authority.
I. An airport authority may employ as a parking enforcement specialist any
individual who successfully completes a training program established and approved by
the Criminal Justice Standards and Training Commission for parking enforcement
specialists but who does not otherwise meet the uniform minimum standards established
by the commission for law enforcement officers or auxiliary or parttime officers under s.
943.12. This subsubsubparagraph may not be construed to permit the carrying of
firearms or other weapons, nor shall such parking enforcement specialist have arrest
authority.
A parking enforcement specialist employed by an airport authority may enforce all
state, county, and municipal laws and ordinances governing parking only when such
violations are on property or facilities owned or operated by the airport authority
employing the specialist, by appropriate state, county, or municipal traffic citation.
e. The Office of Agricultural Law Enforcement of the Department of Agriculture and
Consumer Services may enforce traffic laws of this state.
f. School safety officers may enforce all of the traffic laws of this state when such
violations occur on or about any property or facilities that are under the guidance,
supervision, regulation, or
control of the district school board.
Any disciplinary action taken or performance evaluation conducted by an agency of
the state as described in subparagraph
of a law enforcement officer’s traffic enforcement activity must be in accordance with
written workperformance standards. Such standards must be approved by the agency and
any collective bargaining unit representing such law enforcement officer. A violation of
this subparagraph is not subject to the penalties provided in chapter 318.
The Division of the Florida Highway Patrol may employ as a traffic accident
investigation officer any individual who successfully completes instruction in traffic
accident investigation and court presentation through the Selective Traffic Enforcement
Program as approved by the Criminal Justice Standards and Training Commission and
funded through the National Highway Traffic Safety Administration or a similar program
approved by the commission, but who does not necessarily meet the uniform minimum
standards established by the commission for law enforcement officers or auxiliary law
enforcement officers under chapter 943. Any such traffic accident investigation officer
who makes an investigation at the scene of a traffic accident may issue traffic citations,
based upon personal investigation, when he or she has reasonable and probable grounds
to believe that a person who was involved in the accident committed an offense under
this chapter, chapter 319, chapter 320, or chapter 322 in connection with the accident.
This subparagraph does not permit the officer to carry firearms or other weapons, and
such an officer does not have authority to make arrests.
1. The Department of Transportation has authority to
enforce on all the streets and highways of this state all laws applicable within its
authority.
a. The Department of Transportation shall develop training and qualifications
standards for toll enforcement officers whose sole authority is to enforce the payment of
tolls pursuant to s. 316.1001. Nothing in this subparagraph shall be construed to permit
the carrying of firearms or other weapons, nor shall a toll enforcement officer have arrest
authority.
b. For the purpose of enforcing s. 316.1001, governmental entities, as defined in s.
334.03, which own or operate a toll facility may employ independent contractors or
designate employees as toll enforcement officers; however, any such toll enforcement
officer must successfully meet the training and qualifications standards for toll
enforcement officers established by the Department of Transportation.
For the purpose of enforcing s. 316.0083, the department may designate employees
as traffic infraction enforcement officers. A traffic infraction enforcement officer must
successfully complete instruction in traffic enforcement procedures and court
presentation through the Selective Traffic Enforcement Program as approved by the
Division of Criminal Justice Standards and Training of the Department of Law
Enforcement, or through a similar program, but may not necessarily otherwise meet the
uniform minimum standards established by the Criminal Justice Standards and Training
Commission for law enforcement officers or auxiliary law enforcement officers under s.
943.13. This subparagraph does not authorize the carrying of firearms or other weapons
by a traffic infraction enforcement officer and does not authorize a traffic infraction
enforcement officer to make arrests.
The department’s traffic infraction enforcement officers must be physically located in the
state.
(2) COUNTIES.—
The sheriff’s office of each of the several counties of this state shall enforce all of the
traffic laws of this state on all the streets and highways thereof and elsewhere throughout
the county wherever the public has the right to travel by motor vehicle. In addition, the
sheriff’s office may be required by the county to enforce the traffic laws of this state on
any private or limited access road or roads over which the county has jurisdiction
pursuant to a written agreement entered into under s. 316.006(3)
(b).
The sheriff’s office of each county may employ as a traffic crash investigation officer
any individual who successfully completes instruction in traffic crash investigation and
court presentation through the Selective Traffic Enforcement Program (STEP) as
approved by the Criminal Justice Standards and Training Commission and funded
through the National Highway Traffic Safety Administration (NHTSA) or a similar
program approved by the commission, but who does not necessarily otherwise meet the
uniform minimum standards established by the commission for law enforcement officers
or auxiliary law enforcement officers under chapter 943. Any such traffic crash
investigation officer who makes an investigation at the scene of a traffic crash may issue
traffic citations when, based upon personal investigation, he or she has reasonable and
probable grounds to believe that a person who was involved in the crash has committed
an offense under this chapter, chapter 319, chapter 320, or chapter 322 in connection with
the crash. This paragraph
does not permit the carrying of firearms or other weapons, nor do such officers have
arrest authority.
The sheriff’s office of each of the several counties of this state may employ as a
parking enforcement specialist any individual who successfully completes a training
program established and approved by the Criminal Justice Standards and Training
Commission for parking enforcement specialists, but who does not necessarily otherwise
meet the uniform minimum standards established by the commission for law enforcement
officers or auxiliary or parttime officers under s. 943.12.
A parking enforcement specialist employed by the sheriff’s office of each of the
several counties of this state is authorized to enforce all state and county laws,
ordinances, regulations, and official signs governing parking within the unincorporated
areas of the county by appropriate state or county citation and may issue such citations
for parking in violation of signs erected pursuant to s. 316.006(3) at parking areas located
on property owned or leased by a county, whether or not such areas are within the
boundaries of a chartered municipality.
A parking enforcement specialist employed pursuant to this subsection shall not carry
firearms or other weapons or have arrest authority.
(3) MUNICIPALITIES.—
The police department of each chartered municipality shall enforce the traffic laws of
this state on all the streets and highways thereof and elsewhere throughout the
municipality wherever the public has the right to travel by motor vehicle. In addition, the
police department may be required by a municipality
to enforce the traffic laws of this state on any private or limited access road or roads over
which the municipality has jurisdiction pursuant to a written agreement entered into
under s. 316.006(2)
(b). However, nothing in this chapter shall affect any law, general, special, or otherwise,
in effect on January 1, 1972, relating to “hot pursuit” without the boundaries of the
municipality.
The police department of a chartered municipality may employ as a traffic crash
investigation officer any individual who successfully completes instruction in traffic
crash investigation and court presentation through the Selective Traffic Enforcement
Program (STEP) as approved by the Criminal Justice Standards and Training
Commission and funded through the National Highway Traffic Safety Administration
(NHTSA) or a similar program approved by the commission, but who does not otherwise
meet the uniform minimum standards established by the commission for law enforcement
officers or auxiliary law enforcement officers under chapter 943. Any such traffic crash
investigation officer who makes an investigation at the scene of a traffic crash is
authorized to issue traffic citations when, based upon personal investigation, he or she
has reasonable and probable grounds to believe that a person involved in the crash has
committed an offense under the provisions of this chapter, chapter 319, chapter 320, or
chapter 322 in connection with the crash. This paragraph does not permit the carrying of
firearms or other weapons, nor do such officers have arrest authority.
1. A chartered municipality or its authorized agency or instrumentality may employ
as a parking enforcement specialist any individual who successfully completes a training
program established and approved by the Criminal Justice Standards and
Training Commission for parking enforcement specialists, but who does not otherwise
meet the uniform minimum standards established by the commission for law enforcement
officers or auxiliary or parttime officers under s. 943.12.
A parking enforcement specialist employed by a chartered municipality or its
authorized agency or instrumentality is authorized to enforce all state, county, and
municipal laws and ordinances governing parking within the boundaries of the
municipality employing the specialist, or, pursuant to a memorandum of understanding
between the county and the municipality, within the boundaries of the county in which
the chartered municipality or its authorized agency or instrumentality is located, by
appropriate state, county, or municipal traffic citation.
A parking enforcement specialist employed pursuant to this subsection may not carry
firearms or other weapons or have arrest authority.
(a) Any sheriff’s department, or any police department of a municipality, may
employ as a traffic control officer any individual who successfully completes at least 8
hours of instruction in traffic control procedures through a program approved by the
Division of Criminal Justice Standards and Training of the Department of Law
Enforcement, or through a similar program offered by the local sheriff’s department or
police department, but who does not necessarily otherwise meet the uniform minimum
standards established by the Criminal Justice Standards and Training Commission for law
enforcement officers or auxiliary law enforcement officers under s. 943.13. A traffic
control officer employed pursuant to this subsection may direct
traffic or operate a traffic control device only at a fixed location and only upon the
direction of a fully qualified law enforcement officer; however, it is not necessary that the
traffic control officer’s duties be performed under the immediate supervision of a fully
qualified law enforcement officer.
In the case of a special event or activity in relation to which a nongovernmental
entity is paying for traffic control on public streets, highways, or roads, traffic control
officers may be employed to perform such traffic control responsibilities only when off
duty, fulltime law enforcement officers, as defined in s. 943.10(1), are unavailable to
perform those responsibilities. However, this paragraph may not be construed to limit the
use of traffic infraction enforcement officers for traffic enforcement purposes.
This subsection does not permit the carrying of firearms or other weapons, nor do
traffic control officers have arrest authority.
(a) Any sheriff’s department or police department of a municipality may employ, as a
traffic infraction enforcement officer, any individual who successfully completes
instruction in traffic enforcement procedures and court presentation through the Selective
Traffic Enforcement Program as approved by the Division of Criminal Justice Standards
and Training of the Department of Law Enforcement, or through a similar program, but
who does not necessarily otherwise meet the uniform minimum standards established by
the Criminal Justice Standards and Training Commission for law enforcement officers or
auxiliary law enforcement officers under s. 943.13. Any such traffic infraction
enforcement officer who observes the
commission of a traffic infraction or, in the case of a parking infraction, who observes an
illegally parked vehicle may issue a traffic citation for the infraction when, based upon
personal investigation, he or she has reasonable and probable grounds to believe that an
offense has been committed which constitutes a noncriminal traffic infraction as defined
in s. 318.14. In addition, any such traffic infraction enforcement officer may issue a
traffic citation under s. 316.0083. For purposes of enforcing s. 316.0083, any sheriff’s
department or police department of a municipality may designate employees as traffic
infraction enforcement officers. The traffic infraction enforcement officers must be
physically located in the county of the respective sheriff’s or police department.
Any agency or governmental entity designated in subsection
(1), subsection (2), or subsection (3), including a university, a Florida College System
institution, a school board, or an airport authority, is a traffic enforcement agency for
purposes of this section and s. 316.650.
A traffic enforcement agency may not establish a traffic citation quota.
316.645. Arrest authority of officer at scene of a traffic crash.
A police officer who makes an investigation at the scene of a traffic crash may arrest
any driver of a vehicle involved in the crash when, based upon personal investigation, the
officer has reasonable and probable grounds to believe that the person has
committed any offense under the provisions of this chapter, chapter 320, or chapter 322
in connection with the crash.
316.646. Security required; proof of security and display thereof.
Any person required by s. 324.022 to maintain property damage liability security,
required by s. 324.023 to maintain liability security for bodily injury or death, or required
by s. 627.733 to maintain personal injury protection security on a motor vehicle shall
have in his or her immediate possession at all times while operating such motor vehicle
proper proof of maintenance of the required security.
Such proof shall be in a uniform paper or electronic format, as prescribed by the
department, a valid insurance policy, an insurance policy binder, a certificate of
insurance, or such other proof as may be prescribed by the department.
1. The act of presenting to a law enforcement officer an electronic device displaying
proof of insurance in an electronic format does not constitute consent for the officer to
access any information on the device other than the displayed proof of insurance.
The person who presents the device to the officer assumes the liability for any
resulting damage to the device.
If, upon a comparison of the vehicle registration certificate or other evidence of
registration or ownership with the operator’s driver license or other evidence of personal
identity, it appears to a law enforcement officer or other person authorized to issue traffic
citations that the operator is also the owner or registrant of
the vehicle, upon demand of the law enforcement officer or other person authorized to
issue traffic citations the operator shall display proper proof of maintenance of security as
specified by subsection (1).
Any person who violates this section commits a nonmoving traffic infraction subject
to the penalty provided in chapter 318 and shall be required to furnish proof of security as
provided in this section. If any person charged with a violation of this section fails to
furnish proof at or before the scheduled court appearance date that security was in effect
at the time of the violation, the court shall, upon conviction, notify the department to
suspend the registration and driver license of such person. If the court fails to order the
suspension of the person’s registration and driver license for a conviction of this section
at the time of sentencing, the department shall, upon receiving notice of the conviction
from the court, suspend the person’s registration and driver license for the violation of
this section. Such license and registration may be reinstated only as provided in s.
324.0221.
Any person presenting proof of insurance as required in subsection (1) who knows
that the insurance as represented by such proof of insurance is not currently in force is
guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
The department shall adopt rules to administer this section.
316.650. Traffic citations.
(a) The department shall prepare and supply to every traffic enforcement agency in
this state an appropriate form traffic
citation that contains a notice to appear, is issued in prenumbered books, meets the
requirements of this chapter or any laws of this state regulating traffic, and is consistent
with the state traffic court rules and the procedures established by the department. The
form shall include a box that is to be checked by the law enforcement officer when the
officer believes that the traffic violation or crash was due to aggressive careless driving as
defined in s. 316.1923. The form shall also include a box that is to be checked by the law
enforcement officer when the officer writes a uniform traffic citation for a violation of s.
316.074(1) or s. 316.075(1)(c)1. as a result of the driver failing to stop at a traffic signal.
The department shall prepare, and supply to every traffic enforcement agency in the
state, an appropriate affidavitofcompliance form that shall be issued along with the
form traffic citation for any violation of s. 316.610 and that indicates the specific defect
needing to be corrected. However, such affidavit of compliance may not be issued in the
case of a violation of s. 316.610 by a commercial motor vehicle. Such affidavitof
compliance form shall be distributed in the same manner and to the same parties as is the
form traffic citation.
Notwithstanding paragraphs (a) and (b), a traffic enforcement agency may produce
uniform traffic citations by electronic means. Such citations must be consistent with the
state traffic court rules and the procedures established by the department and must be
appropriately numbered and inventoried. Affidavitofcompliance forms may also be
produced by electronic means.
The department must distribute to every traffic enforcement agency and to any others
who request it, a traffic infraction
reference guide describing the class of the traffic infraction, the penalty for the infraction,
the points to be assessed on a driver’s record, and any other information necessary to
describe a violation and the penalties therefor.
Courts, enforcement agencies, and the department are jointly responsible to account
for all uniform traffic citations in accordance with rules and procedures promulgated by
the department.
(a) Except for a traffic citation issued pursuant to s. 316.1001 or s. 316.0083, each
traffic enforcement officer, upon issuing a traffic citation to an alleged violator of any
provision of the motor vehicle laws of this state or of any traffic ordinance of any
municipality or town, shall deposit the original traffic citation or, in the case of a traffic
enforcement agency that has an automated citation issuance system, the chief
administrative officer shall provide by an electronic transmission a replica of the citation
data to a court having jurisdiction over the alleged offense or with its traffic violations
bureau within 5 days after issuance to the violator.
If a traffic citation is issued pursuant to s. 316.1001, a traffic enforcement officer
may deposit the original traffic citation or, in the case of a traffic enforcement agency that
has an automated citation system, may provide by an electronic transmission a replica of
the citation data to a court having jurisdiction over the alleged offense or with its traffic
violations bureau within 45 days after the date of issuance of the citation to the violator.
If the person cited for the violation of s. 316.1001 makes the election provided by s.
318.14(12) and pays the $25 fine, or such other amount as imposed by the governmental
entity
owning the applicable toll facility, plus the amount of the unpaid toll that is shown on the
traffic citation directly to the governmental entity that issued the citation, or on whose
behalf the citation was issued, in accordance with s. 318.14(12), the traffic citation will
not be submitted to the court, the disposition will be reported to the department by the
governmental entity that issued the citation, or on whose behalf the citation was issued,
and no points will be assessed against the person’s driver license.
If a traffic citation is issued under s. 316.0083, the traffic infraction enforcement
officer shall provide by electronic transmission a replica of the traffic citation data to the
court having jurisdiction over the alleged offense or its traffic violations bureau within 5
days after the date of issuance of the traffic citation to the violator. If a hearing is
requested, the traffic infraction enforcement officer shall provide a replica of the traffic
notice of violation data to the clerk for the local hearing officer having jurisdiction over
the alleged offense within 14 days.
The chief administrative officer of every traffic enforcement agency shall require the
return to him or her of the officeragency copy of every traffic citation issued by an
officer under the chief administrative officer’s supervision to an alleged violator of any
traffic law or ordinance and all copies of every traffic citation that has been spoiled or
upon which any entry has been made and not issued to an alleged violator. In the case of
a traffic enforcement agency that has an automated citation issuance system, the chief
administrative officer shall require the return of all electronic traffic citation records.
Upon the deposit of the original traffic citation or upon an electronic transmission of
a replica of citation data of the traffic
citation with respect to traffic enforcement agencies that have an automated citation
issuance system with a court having jurisdiction over the alleged offense or with its
traffic violations bureau, the original citation, the electronic citation containing a replica
of citation data, or a copy of such traffic citation may be disposed of only by trial in the
court or other official action by a judge of the court, including forfeiture of the bail, or by
the deposit of sufficient bail with, or payment of a fine to, the traffic violations bureau by
the person to whom such traffic citation has been issued by the traffic enforcement
officer.
The chief administrative officer shall transmit, on a form approved by the
department, within 5 days after submission of the original, groups of issued citations and
transmittal data to the court. Batches of electronic citations containing a replica of
citation data may be transmitted to the court in an electronic fashion, in a format
prescribed by the department within 5 days after issuance to the violator.
The chief administrative officer shall also maintain or cause to be maintained in
connection with every traffic citation issued by an officer under his or her supervision a
record of the disposition of the charge by the court or its traffic violations bureau in
which the original or copy of the traffic citation or electronic citation was deposited.
It is unlawful and official misconduct for any traffic enforcement officer or other
officer or public employee to dispose of a traffic citation or copies thereof or of the
record of the issuance of the same in a manner other than as required herein.
Such citations shall not be admissible evidence in any trial,
except when used as evidence of falsification, forgery, uttering, fraud, or perjury, or when
used as physical evidence resulting from a forensic examination of the citation.
If a uniform traffic citation has not been issued with respect to a criminal traffic
offense, or with respect to an offense that requires mandatory revocation of the driver
license or driving privilege pursuant to s. 322.26 upon conviction of such offense, and the
prosecution is by affidavit, information, or indictment, the prosecutor shall direct the
arresting officer to prepare a citation. In the absence of an arresting officer, the prosecutor
shall prepare the citation. For the purpose of this subsection, the term “arresting officer”
means the law enforcement officer who apprehended or took into custody the alleged
offender.
Driver information contained in a uniform traffic citation, which includes but is not
limited to, the accused person’s name and address, shall not be used for commercial
solicitation purposes. However, the use of such driver information contained in a uniform
traffic citation shall not be considered a commercial purpose when used for publication in
a newspaper or other news periodical, when used for broadcast by radio or television, or
when used to inform a person of the availability of driver safety training.
316.655. Penalties.
A violation of any of the provisions of this chapter, except those violations with a
specific criminal charge, as enumerated in s. 318.17, are infractions, as defined in s.
318.13(3). Except for violations of s. 316.302, infractions of this chapter are punishable
as provided in chapter 318. Any person convicted of a violation of
or otherwise found to be in violation of s. 316.063, s. 316.3025, s. 316.516, s. 316.545, or
s. 316.550 shall be punished as specifically provided in that section.
A driver convicted of a violation of any offense prohibited by this chapter or any
other law of this state regulating motor vehicles, which resulted in an accident, may have
his or her driving privileges revoked or suspended by the court if the court finds such
revocation or suspension warranted by the totality of the circumstances resulting in the
conviction and the need to provide for the maximum safety for all persons who travel on
or who are otherwise affected by the use of the highways of the state. In determining
whether suspension or revocation is appropriate, the court shall consider all pertinent
factors, including, but not limited to, such factors as the extent and nature of the driver’s
violation of this chapter, the number of persons killed or injured as the result of the
driver’s violation of this chapter, and the extent of any property damage resulting from
the driver’s violation of this chapter.
316.656. Mandatory adjudication; prohibition against accepting plea
to lesser included offense.
Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or
withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193,
for manslaughter resulting from the operation of a motor vehicle, or for vehicular
homicide.
(a) No trial judge may accept a plea of guilty to a lesser offense from a person
charged under the provisions of this act who has been given a breath or blood test to
determine blood or
breath alcohol content, the results of which show a blood or breath alcohol content by
weight of 0.15 percent or more.
No trial judge may accept a plea of guilty to a lesser offense from a person charged
with a violation of s. 316.193(3), manslaughter resulting from the operation of a motor
vehicle, or vehicular homicide.
CHAPTER 318
DISPOSITION OF TRAFFIC INFRACTIONS
318.13. Definitions.
The following words and phrases, when used in this chapter, shall have the meanings
respectively ascribed to them in this section, except where the context otherwise requires:
“Department” means Department of Highway Safety and Motor Vehicles, defined in
s. 20.24, or the appropriate division thereof.
“Suspension” means that a licensee’s privilege to drive a motor vehicle is
temporarily withdrawn.
“Infraction” means a noncriminal violation that may require community service
hours under s. 316.027(4), but is not punishable by incarceration and for which there is
no right to a trial by jury or a right to courtappointed counsel.
“Official” means any judge authorized by law to preside over a court or hearing
adjudicating traffic infractions.
“Officer” means any law enforcement officer charged with and acting under his or
her authority to arrest persons suspected of, or known to be, violating statutes or
ordinances regulating traffic or the operation or equipment of vehicles. “Officer” includes
any individual employed by a sheriff’s department or the police department of a chartered
municipality who is acting as a traffic infraction enforcement officer as provided in s.
316.640.
318.14. Noncriminal traffic infractions; exception; procedures.
Except as provided in ss. 318.17 and 320.07(3)(c), any person cited for a violation of
chapter 316, s. 320.0605, s. 320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.16(2) or
(3), s.
322.1615, s. 322.19, or s. 1006.66(3) is charged with a noncriminal infraction and must
be cited for such an infraction and cited to appear before an official. If another person
dies as a result of the noncriminal infraction, the person cited may be required to perform
120 community service hours under s. 316.027(4), in addition to any other penalties.
Except as provided in ss. 316.1001(2) and 316.0083, any person cited for a violation
requiring a mandatory hearing listed in s. 318.19 or any other criminal traffic violation
listed in chapter 316 must sign and accept a citation indicating a promise to appear. The
officer may indicate on the traffic citation the time and location of the scheduled hearing
and must indicate the applicable civil penalty established in s. 318.18. For all other
infractions under this section, except for infractions under s. 316.1001, the officer must
certify by electronic, electronic facsimile, or written signature that the citation was
delivered to the person cited. This certification is prima facie evidence that the person
cited was served with the citation.
Any person who willfully refuses to accept and sign a summons as provided in
subsection (2) commits a misdemeanor of the second degree.
(a) Except as provided in subsection (12), any person charged with a noncriminal
infraction under this section who does
not elect to appear shall, within 30 days after the date of issuance of the citation:
Pay the civil penalty and delinquent fee, if applicable, either by mail or in person; or
Enter into a payment plan in accordance with s. 28.246 with the clerk of the court to
pay the civil penalty and delinquent fee, if applicable.
If the person cited follows the procedures in paragraph (a), he or she shall be deemed
to have admitted the infraction and to have waived his or her right to a hearing on the
issue of commission of the infraction. Such admission shall not be used as evidence in
any other proceedings. Any person who is cited for a violation of s. 320.0605 or s.
322.15(1), or subject to a penalty under s. 320.07(3)(a) or (b) or s. 322.065, and who
makes an election under this subsection shall submit proof of compliance with the
applicable section to the clerk of the court. For the purposes of this subsection, proof of
compliance consists of a valid driver license or a valid registration certificate.
Any person electing to appear before the designated official or who is required so to
appear shall be deemed to have waived his or her right to the civil penalty provisions of s.
318.18. The official, after a hearing, shall make a determination as to whether an
infraction has been committed. If the commission of an infraction has been proven, the
official may impose a civil penalty not to exceed $500, except that in cases involving
unlawful speed in a school zone or involving unlawful speed in a construction zone, the
civil penalty may not exceed $1,000; or require attendance at a driver improvement
school, or both. If the person
is required to appear before the designated official pursuant to s. 318.19(1) and is found
to have committed the infraction, the designated official shall impose a civil penalty of
$1,000 in addition to any other penalties and the person’s driver license shall be
suspended for 6 months. If the person is required to appear before the designated official
pursuant to s. 318.19(2) and is found to have committed the infraction, the designated
official shall impose a civil penalty of $500 in addition to any other penalties and the
person’s driver license shall be suspended for 3 months. If the official determines that no
infraction has been committed, no costs or penalties shall be imposed and any costs or
penalties that have been paid shall be returned. Moneys received from the mandatory
civil penalties imposed pursuant to this subsection upon persons required to appear before
a designated official pursuant to s. 318.19(1) or (2) shall be remitted to the Department of
Revenue and deposited into the Department of Health Emergency Medical Services Trust
Fund to provide financial support to certified trauma centers to assure the availability and
accessibility of trauma services throughout the state. Funds deposited into the Emergency
Medical Services Trust Fund under this section shall be allocated as follows:
Fifty percent shall be allocated equally among all Level I, Level II, and pediatric
trauma centers in recognition of readiness costs for maintaining trauma services.
Fifty percent shall be allocated among Level I, Level II, and pediatric trauma centers
based on each center’s relative volume of trauma cases as reported in the Department of
Health Trauma Registry.
The commission of a charged infraction at a hearing under
this chapter must be proved beyond a reasonable doubt.
(a) The official having jurisdiction over the infraction shall certify to the department
within 10 days after payment of the civil penalty that the defendant has admitted to the
infraction. If the charge results in a hearing, the official having jurisdiction shall certify to
the department the final disposition within 10 days after the hearing. All dispositions
returned to the county requiring a correction shall be resubmitted to the department
within 10 days after the notification of the error.
If the official having jurisdiction over the traffic infraction submits the final
disposition to the department more than 180 days after the final hearing or after payment
of the civil penalty, the department may modify any resulting suspension or revocation
action to begin as if the citation were reported in a timely manner.
When a report of a determination or admission of an infraction is received by the
department, it shall proceed to enter the proper number of points on the licensee’s driving
record in accordance with s. 322.27.
Any person who does not hold a commercial driver license or commercial learner’s
permit and who is cited while driving a noncommercial motor vehicle for an infraction
under this section other than a violation of s. 316.183(2), s. 316.187, or s. 316.189 when
the driver exceeds the posted limit by 30 miles per hour or more, s. 320.0605, s.
320.07(3)(a) or (b), s. 322.065, s. 322.15(1), s. 322.61, or s. 322.62 may, in lieu of a court
appearance, elect to attend in the location of his or her choice within this state a basic
driver improvement course approved by the Department of
Highway Safety and Motor Vehicles. In such a case, adjudication must be withheld and
points, as provided by s. 322.27, may not be assessed. However, a person may not make
an election under this subsection if the person has made an election under this subsection
in the preceding 12 months. A person may not make more than five elections within his
or her lifetime under this subsection. The requirement for community service under s.
318.18(8) is not waived by a plea of nolo contendere or by the withholding of
adjudication of guilt by a court. If a person makes an election to attend a basic driver
improvement course under this subsection, 18 percent of the civil penalty imposed under
s. 318.18(3) shall be deposited in the State Courts Revenue Trust Fund; however, that
portion is not revenue for purposes of s. 28.36 and may not be used in establishing the
budget of the clerk of the court under that section or s. 28.35.
(a) Any person who does not hold a commercial driver license or commercial
learner’s permit and who is cited while driving a noncommercial motor vehicle for an
offense listed under this subsection may, in lieu of payment of fine or court appearance,
elect to enter a plea of nolo contendere and provide proof of compliance to the clerk of
the court, designated official, or authorized operator of a traffic violations bureau. In such
case, adjudication shall be withheld; however, a person may not make an election under
this subsection if the person has made an election under this subsection in the preceding
12 months. A person may not make more than three elections under this subsection. This
subsection applies to the following offenses:
Operating a motor vehicle without a valid driver license in violation of s. 322.03, s.
322.065, or s. 322.15(1), or operating a
motor vehicle with a license that has been suspended for failure to appear, failure to pay
civil penalty, or failure to attend a driver improvement course pursuant to s. 322.291.
Operating a motor vehicle without a valid registration in violation of s. 320.0605, s.
320.07, or s. 320.131.
Operating a motor vehicle in violation of s. 316.646.
Operating a motor vehicle with a license that has been suspended under s. 61.13016
or s. 322.245 for failure to pay child support or for failure to pay any other financial
obligation as provided in s. 322.245; however, this subparagraph does not apply if the
license has been suspended pursuant to s. 322.245(1).
Operating a motor vehicle with a license that has been suspended under s. 322.091
for failure to meet school attendance requirements.
Any person cited for an offense listed in this subsection shall present proof of
compliance before the scheduled court appearance date. For the purposes of this
subsection, proof of compliance shall consist of a valid, renewed, or reinstated driver
license or registration certificate and proper proof of maintenance of security as required
by s. 316.646. Notwithstanding waiver of fine, any person establishing proof of
compliance shall be assessed court costs of $25, except that a person charged with
violation of s. 316.646(1)(3) may be assessed court costs of $8. One dollar of such costs
shall be remitted to the Department of Revenue for deposit into the Child Welfare
Training Trust Fund of the Department of Children and Families. One dollar of such
costs shall be distributed to the Department of Juvenile Justice for deposit into the
Juvenile Justice Training Trust Fund. Fourteen
dollars of such costs shall be distributed to the municipality and $9 shall be deposited by
the clerk of the court into the fine and forfeiture fund established pursuant to s. 142.01, if
the offense was committed within the municipality. If the offense was committed in an
unincorporated area of a county or if the citation was for a violation of s. 316.646(1)(3),
the entire amount shall be deposited by the clerk of the court into the fine and forfeiture
fund established pursuant to s. 142.01, except for the moneys to be deposited into the
Child Welfare Training Trust Fund and the Juvenile Justice Training Trust Fund. This
subsection does not authorize the operation of a vehicle without a valid driver license,
without a valid vehicle tag and registration, or without the maintenance of required
security.
If adjudication is withheld for any person charged or cited under this section, such
action is not a conviction.
Any person cited for a violation of s. 316.1001 may, in lieu of making an election as
set forth in subsection (4), elect to pay a fine of $25, or such other amount as imposed by
the governmental entity owning the applicable toll facility, plus the amount of the unpaid
toll that is shown on the traffic citation directly to the governmental entity that issued the
citation, or on whose behalf the citation was issued, within 30 days after the date of
issuance of the citation. Any person cited for a violation of s. 316.1001 who does not
elect to pay the fine imposed by the governmental entity owning the applicable toll
facility plus the amount of the unpaid toll that is shown on the traffic citation directly to
the governmental entity that issued the citation, or on whose behalf the citation was
issued, as described in this subsection shall have an additional 45 days after the date of
the
issuance of the citation in which to request a court hearing or to pay the civil penalty and
delinquent fee, if applicable, as provided in s. 318.18(7), either by mail or in person, in
accordance with subsection (4).
(a) A person cited for a violation of s. 316.1926 shall, in addition to any other
requirements provided in this section, pay a fine of $1,000. This fine is in lieu of the fine
required under s. 318.18(3)(b), if the person was cited for violation of s.
316.1926(2).
A person cited for a second violation of s. 316.1926 shall, in addition to any other
requirements provided in this section, pay a fine of $2,500. This fine is in lieu of the fine
required under s. 318.18(3)(b), if the person was cited for violation of s.
316.1926(2). In addition, the court shall revoke the person’s authorization and privilege
to operate a motor vehicle for a period of 1 year and order the person to surrender his or
her driver license.
A person cited for a third violation of s. 316.1926 commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Upon conviction,
the court shall impose a fine of $5,000, revoke the person’s authorization and privilege to
operate a motor vehicle for a period of 10 years, and order the person to surrender his or
her driver license.
318.15. Failure to comply with civil penalty or to appear; penalty.
(a) If a person fails to comply with the civil penalties provided in s. 318.18 within the
time period specified in s.
318.14(4), fails to enter into or comply with the terms of a penalty payment plan with the
clerk of the court in accordance with ss. 318.14 and 28.246, fails to attend driver
improvement school, or fails to appear at a scheduled hearing, the clerk of the court shall
notify the Department of Highway Safety and Motor Vehicles of such failure within 10
days after such failure. Upon receipt of such notice, the department shall immediately
issue an order suspending the driver license and privilege to drive of such person
effective 20 days after the date the order of suspension is mailed in accordance with s.
322.251(1), (2), and (6). Any such suspension of the driving privilege which has not been
reinstated, including a similar suspension imposed outside Florida, shall remain on the
records of the department for a period of 7 years from the date imposed and shall be
removed from the records after the expiration of 7 years from the date it is imposed. The
department may not accept the resubmission of such suspension.
However, a person who elects to attend driver improvement school and has paid the
civil penalty as provided in s. 318.14(9), but who subsequently fails to attend the driver
improvement school within the time specified by the court shall be deemed to have
admitted the infraction and shall be adjudicated guilty. In such a case in which there was
an 18percent reduction pursuant to s. 318.14(9) as it existed before February 1, 2009, the
person must pay the clerk of the court that amount and a processing fee of up to $18, after
which no additional penalties, court costs, or surcharges shall be imposed for the
violation. In all other such cases, the person must pay the clerk a processing fee of up to
$18, after which no additional penalties, court costs, or surcharges shall be imposed for
the violation. The clerk of the court shall
notify the department of the person’s failure to attend driver improvement school and
points shall be assessed pursuant to s. 322.27.
A person who is charged with a traffic infraction may request a hearing within 180
days after the date upon which the violation occurred, regardless of any action taken by
the court or the department to suspend the person’s driving privilege, and, upon request,
the clerk must set the case for hearing. The person shall be given a form for requesting
that his or her driving privilege be reinstated. If the 180th day after the date upon which
the violation occurred is a Saturday, Sunday, or legal holiday, the person who is charged
must request a hearing within 177 days after the date upon which the violation occurred;
however, the court may grant a request for a hearing made more than 180 days after the
date upon which the violation occurred. This paragraph does not affect the assessment of
late fees as otherwise provided in this chapter.
After the suspension of a person’s driver license and privilege to drive under
subsection (1), the license and privilege may not be reinstated until the person complies
with the terms of a periodic payment plan or a revised payment plan with the clerk of the
court pursuant to ss. 318.14 and 28.246 or with all obligations and penalties imposed
under s. 318.18 and presents to a driver license office a certificate of compliance issued
by the court, together with a nonrefundable service charge of $60 imposed under s.
322.29, or presents a certificate of compliance and pays the service charge to the clerk of
the court or a driver licensing agent authorized under s. 322.135 clearing such
suspension. Of the charge collected, $22.50 shall be remitted to
the Department of Revenue to be deposited into the Highway Safety Operating Trust
Fund. Such person must also be in compliance with requirements of chapter 322 before
reinstatement.
The clerk shall notify the department of persons who were mailed a notice of
violation of s. 316.074(1) or s. 316.075(1)(c)1. pursuant to s. 316.0083 and who failed to
enter into, or comply with the terms of, a penalty payment plan, or order with the clerk to
the local hearing officer or failed to appear at a scheduled hearing within 10 days after
such failure, and shall reference the person’s driver license number, or in the case of a
business entity, vehicle registration number.
Upon receipt of such notice, the department, or authorized agent thereof, may not
issue a license plate or revalidation sticker for any motor vehicle owned or coowned by
that person pursuant to s. 320.03(8) until the amounts assessed have been fully paid.
After the issuance of the person’s license plate or revalidation sticker is withheld
pursuant to paragraph (a), the person may challenge the withholding of the license plate
or revalidation sticker only on the basis that the outstanding fines and civil penalties have
been paid pursuant to s. 320.03(8).
318.16. Appeals; stay orders; procedures.
If a person is found to have committed an infraction by the hearing official, he or she
may appeal that finding to the circuit court. An appeal under this subsection shall not
operate to stay the reporting requirements of s. 318.14(7) or to stay appropriate action by
the department upon receipt of that report.
(2) The circuit court, upon application by the appellant, may:
Order a stay of any action by the department during pendency of the appeal, but not
to exceed a period of 60 days. A copy of the order shall be forwarded to the department.
Deny the application.
318.17. Offenses excepted.
No provision of this chapter is available to a person who is charged with any of the
following offenses:
Fleeing or attempting to elude a police officer, in violation of s. 316.1935;
Leaving the scene of a crash, in violation of ss. 316.027 and 316.061;
Driving, or being in actual physical control of, any vehicle while under the influence
of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance
controlled under chapter 893, in violation of s. 316.193, or driving with an unlawful
bloodalcohol level;
Reckless driving, in violation of s. 316.192;
Making false crash reports, in violation of s. 316.067;
Willfully failing or refusing to comply with any lawful order or direction of any
police officer or member of the fire department, in violation of s. 316.072(3);
Obstructing an officer, in violation of s. 316.545(1); or
Any other offense in chapter 316 which is classified as a
criminal violation.
318.18. Amount of penalties.
The penalties required for a noncriminal disposition pursuant to s. 318.14 or a
criminal offense listed in s. 318.17 are as follows:
(1) Fifteen dollars for:
All infractions of pedestrian regulations.
All infractions of s. 316.2065, unless otherwise specified.
Other violations of chapter 316 by persons 14 years of age or under who are
operating bicycles, regardless of the noncriminal traffic infraction’s classification.
Thirty dollars for all nonmoving traffic violations and:
(a) For all violations of s. 322.19.
For all violations of ss. 320.0605, 320.07(1), 322.065, and 322.15(1). Any person
who is cited for a violation of s. 320.07(1) shall be charged a delinquent fee pursuant to s.
320.07(4).
If a person who is cited for a violation of s. 320.0605 or s. 320.07 can show proof of
having a valid registration at the time of arrest, the clerk of the court may dismiss the case
and may assess a dismissal fee of up to $10. A person who finds it impossible or
impractical to obtain a valid registration certificate must submit an affidavit detailing the
reasons for the impossibility or impracticality. The reasons may include, but are not
limited to, the fact that the vehicle was sold, stolen, or destroyed; that the state in which
the vehicle is registered does not issue a certificate of registration; or that the vehicle is
owned by another person.
If a person who is cited for a violation of s. 322.03, s. 322.065, or s. 322.15 can show a
driver license issued to him or her and valid at the time of arrest, the clerk of the court may
dismiss the case and may assess a dismissal fee of up to $10.
If a person who is cited for a violation of s. 316.646 can show proof of security as
required by s. 627.733, issued to the person and valid at the time of arrest, the clerk of the
court may dismiss the case and may assess a dismissal fee of up to $10. A person who finds it
impossible or impractical to obtain proof of security must submit an affidavit detailing the
reasons for the impracticality. The reasons may include, but are not limited to, the fact that
the vehicle has since been sold, stolen, or destroyed; that the owner or registrant of the
vehicle is not required by s. 627.733 to maintain personal injury protection insurance; or that
the vehicle is owned by another person.
For all violations of ss. 316.2935 and 316.610. However, for a violation of s. 316.2935 or
s. 316.610, if the person committing the violation corrects the defect and obtains proof of
such timely repair by an affidavit of compliance executed by the law enforcement agency
within 30 days from the date upon which the traffic citation was issued, and pays $4 to the
law enforcement agency, thereby completing the affidavit of compliance, then upon
presentation of said affidavit by the defendant to the clerk within the 30day time period set
forth under s. 318.14(4), the fine must be reduced to $10, which the clerk of the court shall
retain.
For all violations of s. 316.126(1)(b), unless otherwise specified.
(a) Except as otherwise provided in this section, $60 for all
moving violations not requiring a mandatory appearance.
For moving violations involving unlawful speed, the fines are as follows:
Notwithstanding paragraph (b), a person cited for exceeding the speed limit by up to
5 m.p.h. in a legally posted school zone will be fined $50. A person exceeding the speed
limit in a school zone or designated school crossing shall pay a fine double the amount
listed in paragraph (b).
A person cited for exceeding the speed limit in a posted construction zone, which
posting must include notification of the speed limit and the doubling of fines, shall pay a
fine double the amount listed in paragraph (b). The fine shall be doubled for construction
zone violations only if construction personnel are present or operating equipment on the
road or immediately adjacent to the road under construction.
A person cited for exceeding the speed limit in an enhanced penalty zone shall pay a
fine amount of $50 plus the amount listed in paragraph (b). Notwithstanding paragraph
(b), a person cited for exceeding the speed limit by up to 5 m.p.h. in a legally posted
enhanced penalty zone shall pay a fine amount of $50.
If a violation of s. 316.1301 or s. 316.1303(1) results in an injury to the pedestrian or
damage to the property of the
pedestrian, an additional fine of up to $250 shall be paid. This amount must be distributed
pursuant to s. 318.21.
A person cited for exceeding the speed limit within a zone posted for any electronic
or manual toll collection facility shall pay a fine double the amount listed in paragraph
(b). However, no person cited for exceeding the speed limit in any toll collection zone
shall be subject to a doubled fine unless the governmental entity or authority controlling
the toll collection zone first installs a traffic control device providing warning that
speeding fines are doubled. Any such traffic control device must meet the requirements
of the uniform system of traffic control devices.
A person cited for a second or subsequent conviction of speed exceeding the limit by
30 miles per hour and above within a 12month period shall pay a fine that is double the
amount listed in paragraph (b). For purposes of this paragraph, the term “conviction”
means a finding of guilt as a result of a jury verdict, nonjury trial, or entry of a plea of
guilty. Moneys received from the increased fine imposed by this paragraph shall be
remitted to the Department of Revenue and deposited into the Department of Health
Emergency Medical Services Trust Fund to provide financial support to certified trauma
centers to assure the availability and accessibility of trauma services throughout the state.
Funds deposited into the Emergency Medical Services Trust Fund under this section shall
be allocated as follows:
Fifty percent shall be allocated equally among all Level I, Level II, and pediatric
trauma centers in recognition of readiness costs for maintaining trauma services.
Fifty percent shall be allocated among Level I, Level II, and
pediatric trauma centers based on each center’s relative volume of trauma cases as
reported in the Department of Health Trauma Registry.
The penalty imposed under s. 316.545 shall be determined by the officer in
accordance with the provisions of ss. 316.535 and 316.545.
(a) One hundred dollars for a violation of s. 316.172(1)(a), failure to stop for a school
bus. If, at a hearing, the alleged offender is found to have committed this offense, the
court shall impose a minimum civil penalty of $100. In addition to this penalty, for a
second or subsequent offense within a period of 5 years, the department shall suspend the
driver license of the person for not less than 90 days and not more than 6 months.
Two hundred dollars for a violation of s. 316.172(1)(b), passing a school bus on the
side that children enter and exit when the school bus displays a stop signal. If, at a
hearing, the alleged offender is found to have committed this offense, the court shall
impose a minimum civil penalty of $200. In addition to this penalty, for a second or
subsequent offense within a period of 5 years, the department shall suspend the driver
license of the person for not less than 180 days and not more than 1 year.
In addition to the penalty under paragraph (a) or paragraph (b), $65 for a violation of
s. 316.172(1)(a) or (b). If the alleged offender is found to have committed the offense, the
court shall impose the civil penalty under paragraph (a) or paragraph (b) plus an
additional $65. The additional $65 collected under this paragraph shall be remitted to the
Department of Revenue for deposit into the Emergency Medical Services Trust Fund of
the
Department of Health to be used as provided in s. 395.4036.
One hundred dollars or the fine amount designated by county ordinance, plus court
costs for illegally parking, under s. 316.1955, in a parking space provided for people who
have disabilities. However, this fine shall be waived if a person provides to the law
enforcement agency or parking enforcement specialist or agency that issued the citation
for such a violation proof that the person committing the violation has a valid parking
permit or license plate issued pursuant to s. 316.1958, s. 320.0842, s. 320.0843, s.
320.0845, or s. 320.0848 or a signed affidavit that the owner of the disabled parking
permit or license plate was present at the time the violation occurred, and that such a
parking permit or license plate was valid at the time the violation occurred. The law
enforcement officer or agency or the parking enforcement specialist or agency, upon
determining that all required documentation has been submitted verifying that the
required parking permit or license plate was valid at the time of the violation, must sign
an affidavit of compliance. Upon provision of the affidavit of compliance and payment of
a dismissal fee of up to $7.50 to the clerk of the circuit court, the clerk shall dismiss the
citation. However, the clerk may designate a local governmental entity to receive the
affidavit and dismissal fee, and the local governmental entity may keep the fee.
Mandatory $100 fine for each violation of s. 316.1001 plus the amount of the unpaid
toll shown on the traffic citation for each citation issued. The clerk of the court shall
forward $25 of the $100 fine received, plus the amount of the unpaid toll that is shown on
the citation, to the governmental entity that issued the citation for citations issued by toll
enforcement officers or to the
entity administering the tolls at the facility where the violation occurred for citations
issued by law enforcement officers. However, a person may elect to pay $30 to the clerk
of the court, plus the amount of the unpaid toll that is shown on the citation, in which
case adjudication is withheld, and no points may be assessed under s. 322.27. Upon
receipt of the $30 and unpaid toll amount, the clerk of the court shall retain $5 for
administrative purposes and shall forward the remaining $25, plus the amount of the
unpaid toll shown on the citation, to the governmental entity that issued the citation for
citations issued by toll enforcement officers or to the entity administering the tolls at the
facility where the violation occurred for citations issued by law enforcement officers.
Additionally, adjudication shall be withheld and no points shall be assessed under s.
322.27, except when adjudication is imposed by the court after a hearing pursuant to s.
318.14(5). If a plea arrangement is reached prior to the date set for a scheduled
evidentiary hearing and, as a result of the plea, adjudication is withheld, there shall be a
mandatory fine assessed per citation of not less than $50 and not more than $100, plus the
amount of the unpaid toll for each citation issued. The clerk of the court shall forward
$25 of the fine imposed plus the amount of the unpaid toll that is shown on the citation to
the governmental entity that issued the citation for citations issued by toll enforcement
officers or to the entity administering the tolls at the facility where the violation occurred
for citations issued by law enforcement officers. The court shall have specific authority to
consolidate issued citations for the same defendant for the purpose of sentencing and
aggregate jurisdiction. In addition, the court may direct the department to suspend for 60
days the driver license of a person who is convicted of 10 violations of s. 316.1001 within
a
36month period. Any funds received by a governmental entity for this violation may be
used for any lawful purpose related to the operation or maintenance of a toll facility.
(a) Any person who fails to comply with the court’s requirements or who fails to pay
the civil penalties specified in this section within the 30day period provided for in s.
318.14 must pay an additional civil penalty of $16, $6.50 of which must be remitted to
the Department of Revenue for deposit in the General Revenue Fund, and $9.50 of which
must be remitted to the Department of Revenue for deposit in the Highway Safety
Operating Trust Fund. Of this additional civil penalty of $16, $4 is not revenue for
purposes of s. 28.36 and may not be used in establishing the budget of the clerk of the
court under that section or s. 28.35. The department shall contract with the Florida
Association of Court Clerks, Inc., to design, establish, operate, upgrade, and maintain an
automated statewide Uniform Traffic Citation Accounting System to be operated by the
clerks of the court which shall include, but not be limited to, the accounting for traffic
infractions by type, a record of the disposition of the citations, and an accounting system
for the fines assessed and the subsequent fine amounts paid to the clerks of the court. On
or before December 1, 2001, the clerks of the court must provide the information required
by this chapter to be transmitted to the department by electronic transmission pursuant to
the contract.
1. a. If a person has been ordered to pay a civil penalty for a noncriminal traffic
infraction and the person is unable to comply with the court’s order due to demonstrable
financial hardship, the court shall allow the person to satisfy the civil penalty by
participating in community service until the civil penalty is paid.
b. If a court orders a person to perform community service, the person shall receive
credit for the civil penalty at the specified hourly credit rate per hour of community
service performed, and each hour of community service performed shall reduce the civil
penalty by that amount.
a. As used in this paragraph, the term “specified hourly credit rate” means the wage
rate that is specified in 29 U.S.C. s. 206(a)
under the federal Fair Labor Standards Act of 1938, that is then in effect, and that an
employer subject to such provision must pay per hour to each employee subject to such
provision.
b. However, if a person ordered to perform community service has a trade or
profession for which there is a community service need, the specified hourly credit rate
for each hour of community service performed by that person shall be the average
prevailing wage rate for the trade or profession that the community service agency needs.
a. The community service agency supervising the person shall record the number of
hours of community service completed and the date the community service hours were
completed. The community service agency shall submit the data to the clerk of court on
the letterhead of the community service agency, which must also bear the notarized
signature of the person designated to represent the community service agency.
b. When the number of community service hours completed by the person equals the
amount of the civil penalty, the clerk of court shall certify this fact to the court.
Thereafter, the clerk of court shall record in the case file that the civil penalty has been
paid in full.
4. As used in this paragraph, the term:
Twentyfive dollars for a violation of s. 316.2074.
(a) In addition to the stated fine, court costs must be paid in the following amounts
and shall be deposited by the clerk into the fine and forfeiture fund established pursuant
to s. 142.01:
For pedestrian infractions$4.
For nonmoving traffic infractions$18.
For moving traffic infractions$35.
In addition to the court cost required under paragraph (a), up to $3 for each infraction
shall be collected and distributed by the clerk in those counties that have been authorized
to establish a
criminal justice selection center or a criminal justice access and assessment center
pursuant to the following special acts of the Legislature:
Chapter 87423, Laws of Florida, for Brevard County.
Chapter 89521, Laws of Florida, for Bay County.
Chapter 94444, Laws of Florida, for Alachua County.
Chapter 97333, Laws of Florida, for Pinellas County.
Funds collected by the clerk pursuant to this paragraph shall be distributed to the
centers authorized by those special acts.
In addition to the court cost required under paragraph (a), a $2.50 court cost must be
paid for each infraction to be distributed by the clerk to the county to help pay for
criminal justice education and training programs pursuant to s. 938.15. Funds from the
distribution to the county not directed by the county to fund these centers or programs
shall be retained by the clerk and used for funding the courtrelated services of the clerk.
In addition to the court cost required under paragraph (a), a $3 court cost must be
paid for each infraction to be distributed as provided in s. 938.01 and a $2 court cost as
provided in s. 938.15 when assessed by a municipality or county.
Two hundred dollars for a violation of s. 316.520(1) or (2). If, at a hearing, the
alleged offender is found to have committed this offense, the court shall impose a
minimum civil penalty of $200. For a second or subsequent adjudication within a period
of 5 years, the department shall suspend the driver license of the person for not less than
1 year and not more than 2 years.
(a) In addition to any penalties imposed for noncriminal traffic infractions pursuant to
this chapter or imposed for criminal violations listed in s. 318.17, a board of county
commissioners or any unit of local government that is consolidated as provided by s. 9,
Art. VIII of the State Constitution of 1885, as preserved by s.
6(e), Art. VIII of the Constitution
of 1968:
May impose by ordinance a surcharge of up to $30 for any infraction or violation to
fund state court facilities. The court shall not waive this surcharge. Up to 25 percent of
the revenue from such surcharge may be used to support local law libraries provided that
the county or unit of local government provides a level of service equal to that provided
prior to July 1, 2004, which shall include the continuation of library facilities located in
or near the county courthouse or any annex to the courthouse.
May, if such board or unit imposed increased fees or service charges by ordinance
under s. 28.2401, s. 28.241, or s. 34.041 for the purpose of securing payment of the
principal and interest on bonds issued by the county before July 1, 2003, to finance state
court facilities, impose by ordinance a surcharge for any infraction or violation for the
exclusive purpose of securing payment of the principal and interest on bonds issued by
the county before July 1, 2003, to fund state court facilities until the date of stated
maturity. The court shall not waive this surcharge. Such surcharge may not exceed an
amount per violation calculated as the quotient of the maximum annual payment of the
principal and interest on the bonds as of July 1, 2003, divided by the number of traffic
citations for county fiscal year 20022003 certified as paid by the clerk of the court of the
county. Such quotient shall be rounded up to the next highest dollar amount.
The bonds may be refunded only if savings will be realized on payments of debt service
and the refunding bonds are scheduled to mature on the same date or before the bonds
being refunded. Notwithstanding any of the foregoing provisions of this subparagraph
that limit the use of surcharge revenues, if the revenues generated as a result of the
adoption of this ordinance exceed the debt service on the bonds, the surplus revenues
may be used to pay down the debt service on the bonds; fund other statecourtfacility
construction projects as may be certified by the chief judge as necessary to address
unexpected growth in caseloads, emergency requirements to accommodate public access,
threats to the safety of the public, judges, staff, and litigants, or other exigent
circumstances; or support local law libraries in or near the county courthouse or any
annex to the courthouse.
May impose by ordinance a surcharge for any infraction or violation for the exclusive
purpose of securing payment of the principal and interest on bonds issued by the county
on or after July 1, 2009, to fund state court facilities until the stated date of maturity. The
court may not waive this surcharge. The surcharge may not exceed an amount per
violation calculated as the quotient of the maximum annual payment of the principal and
interest on the bonds, divided by the number of traffic citations certified as paid by the
clerk of the court of the county on August 15 of each year. The quotient shall be rounded
up to the next highest dollar amount. The bonds may be refunded if savings are realized
on payments of debt service and the refunding bonds are scheduled to mature on or
before the maturity date of the bonds being refunded. If the revenues generated as a result
of the adoption of
the ordinance exceed the debt service on the bonds, the surplus revenues may be used to
pay the debt service on the bonds; to fund other state court facility construction projects
certified by the chief judge as necessary to address unexpected growth in caseloads,
emergency requirements to accommodate public access, threats to the safety of the
public, judges, staff, and litigants, or other exigent circumstances; or to support local law
libraries in or near the county courthouse or any annex to the courthouse.
A county may impose a surcharge under subparagraph (a)1., subparagraph(a)2., or
subparagraph(a)3., but may not impose more than one surcharge under this subsection. A
county may elect to impose a different authorized surcharge but may not impose more
than one surcharge at a time. The clerk of court shall report, no later than 30 days after
the end of the quarter, the amount of funds collected under this subsection during each
quarter of the fiscal year. The clerk shall submit the report, in an electronic format
developed by the Florida Clerks of Court Operations Corporation, to the chief judge of
the circuit and to the Florida Clerks of Court Operations Corporation. The corporation
shall submit the report in an electronic format to the Governor, the President of the
Senate, the Speaker of the House of Representatives, and the board of county
commissioners.
In addition to any penalties imposed for noncriminal traffic infractions under this
chapter or imposed for criminal violations listed in s. 318.17, any unit of local
government that is consolidated as provided by s. 9, Art. VIII of the State Constitution of
1885, as preserved by s. 6(e), Art. VIII of the State Constitution of 1968, and that is
granted the authority in the State
Constitution to exercise all the powers of a municipal corporation, and any unit of local
government operating under a home rule charter adopted pursuant to ss. 10, 11, and 24,
Art. VIII of the State Constitution of 1885, as preserved by s. 6(e), Art. VIII of the State
Constitution of 1968, that is granted the authority in the State Constitution to exercise all
the powers conferred now or hereafter by general law upon municipalities, may impose
by ordinance a surcharge of up to $15 for any infraction or violation. Revenue from the
surcharge shall be transferred to such unit of local government for the purpose of
replacing fine revenue deposited into the clerk’s fine and forfeiture fund under s. 142.01.
The court may not waive this surcharge. Proceeds from the imposition of the surcharge
authorized in this subsection shall not be used for the purpose of securing payment of the
principal and interest on bonds.
(a) 1. One hundred and fiftyeight dollars for a violation of s. 316.074(1) or s.
316.075(1)(c)1. when a driver has failed to stop at a traffic signal and when enforced by a
law enforcement officer. Sixty dollars shall be distributed as provided in s. 318.21, $30
shall be distributed to the General Revenue Fund, $3 shall be remitted to the Department
of Revenue for deposit into the Brain and Spinal Cord Injury Trust Fund, and the
remaining $65 shall be remitted to the Department of Revenue for deposit into the
Emergency Medical Services Trust Fund of the Department of Health.
One hundred and fiftyeight dollars for a violation of s. 316.074(1) or s. 316.075(1)
(c)1. when a driver has failed to stop at a traffic signal and when enforced by the
department’s traffic infraction enforcement officer. One hundred dollars shall be
remitted to the Department of Revenue for deposit into the General Revenue Fund, $45
shall be distributed to the county for any violations occurring in any unincorporated areas
of the county or to the municipality for any violations occurring in the incorporated
boundaries of the municipality in which the infraction occurred, $10 shall be remitted to
the Department of Revenue for deposit into the Department of Health Emergency
Medical Services Trust Fund for distribution as provided in s. 395.4036(1), and $3 shall
be remitted to the Department of Revenue for deposit into the Brain and Spinal Cord
Injury Trust Fund.
One hundred and fiftyeight dollars for a violation of s. 316.074(1) or s. 316.075(1)
(c)1. when a driver has failed to stop at a traffic signal and when enforced by a county’s
or municipality’s traffic infraction enforcement officer. Seventyfive dollars shall be
distributed to the county or municipality issuing the traffic citation, $70 shall be remitted
to the Department of Revenue for deposit into the General Revenue Fund, $10 shall be
remitted to the Department of Revenue for deposit into the Department of Health
Emergency Medical Services Trust Fund for distribution as provided in s. 395.4036(1),
and $3 shall be remitted to the Department of Revenue for deposit into the Brain and
Spinal Cord Injury Trust Fund.
Amounts deposited into the Brain and Spinal Cord Injury Trust Fund pursuant to this
subsection shall be distributed quarterly to the Miami Project to Cure Paralysis and shall
be used for brain and spinal cord research.
If a person who is mailed a notice of violation or cited for a violation of s. 316.074(1)
or s. 316.075(1)(c)1., as enforced by a
traffic infraction enforcement officer under s. 316.0083, presents documentation from the
appropriate governmental entity that the notice of violation or traffic citation was in error,
the clerk of court or clerk to the local hearing officer may dismiss the case. The clerk of
court or clerk to the local hearing officer may not charge for this service.
An individual may not receive a commission or perticket fee from any revenue
collected from violations detected through the use of a traffic infraction detector. A
manufacturer or vendor may not receive a fee or remuneration based upon the number of
violations detected through the use of a traffic infraction detector.
Funds deposited into the Department of Health Emergency Medical Services Trust
Fund under this subsection shall be distributed as provided in s. 395.4036(1).
One hundred dollars for a violation of s. 316.622(3) or (4), for a vehicle that fails to
display a sticker authorizing it to transport migrant or seasonal farm workers or fails to
display standardized notification instructions requiring passengers to fasten their seat
belts. Two hundred dollars for a violation of s. 316.622(1) or (2), for operating a farm
labor vehicle that fails to conform to vehicle safety standards or lacks seat belt assemblies
at each passenger position.
In addition to any penalties imposed, a surcharge of $3 must be paid for all criminal
offenses listed in s. 318.17 and for all noncriminal moving traffic violations under
chapter 316. Revenue from the surcharge shall be remitted to the Department of Revenue
and deposited quarterly into the State Agency Law Enforcement Radio System Trust
Fund of the Department of
Management Services for the state agency law enforcement radio system, as described in
s. 282.709, and to provide technical assistance to state agencies and local law
enforcement agencies with their statewide systems of regional law enforcement
communications, as described in s. 282.7101. This subsection expires July 1, 2021. The
Department of Management Services may retain funds sufficient to recover the costs and
expenses incurred for managing, administering, and overseeing the Statewide Law
Enforcement Radio System, and providing technical assistance to state agencies and local
law enforcement agencies with their statewide systems of regional law enforcement
communications. The Department of Management Services working in conjunction with
the Joint Task Force on State Agency Law Enforcement Communications shall determine
and direct the purposes for which these funds are used to enhance and improve the radio
system.
In addition to any penalties imposed, an administrative fee of $12.50 must be paid for
all noncriminal moving and nonmoving violations under chapters 316, 320, and 322.
Revenue from the administrative fee shall be deposited by the clerk of court into the fine
and forfeiture fund established pursuant to s. 142.01.
In addition to any penalties imposed, an Article V assessment of $10 must be paid for
all noncriminal moving and nonmoving violations under chapters 316, 320, and 322. The
assessment is not revenue for purposes of s. 28.36 and may not be used in establishing the
budget of the clerk of the court under that section or s. 28.35. Of the funds collected
under this subsection:
The sum of $5 shall be deposited in the State Courts
Revenue Trust Fund for use by the state courts system;
The sum of $3.33 shall be deposited in the State Attorneys Revenue Trust Fund for
use by the state attorneys; and
The sum of $1.67 shall be deposited in the Public Defenders Revenue Trust Fund for
use by the public defenders.
In addition to any other penalty, $65 for a violation of s. 316.191, prohibiting racing
on highways, or s. 316.192, prohibiting reckless driving. The additional $65 collected
under this subsection shall be remitted to the Department of Revenue for deposit into the
Emergency Medical Services Trust Fund of the Department of Health to be used as
provided in s. 395.4036.
Five hundred dollars for a violation of s. 316.1951 for a vehicle that is unlawfully
displayed for sale, hire, or rental. Notwithstanding any other law to the contrary, fines
collected under this subsection shall be retained by the governing authority that
authorized towing of the vehicle. Fines collected by the department shall be deposited
into the Highway Safety Operating Trust Fund.
In addition to the penalty prescribed under s. 316.0083 for violations enforced under
s. 316.0083 which are upheld, the local hearing officer may also order the payment of
county or municipal costs, not to exceed $250.
318.19. Infractions requiring a mandatory hearing.
Any person cited for the infractions listed in this section shall not have the provisions
of s. 318.14(2), (4), and (9) available to him or her but must appear before the designated
official at the
time and location of the scheduled hearing:
Any infraction which results in a crash that causes the death of another;
Any infraction which results in a crash that causes “serious bodily injury” of another
as defined in s. 316.1933(1);
Any infraction of s. 316.172(1)(b);
Any infraction of s. 316.520(1) or (2); or
Any infraction of s. 316.183(2), s. 316.187, or s. 316.189 of exceeding the speed
limit by 30 m.p.h. or more.
CHAPTER 319
TITLE CERTIFICATES
319.001. Definitions.
As used in this chapter, the term:
“Certificate of title” means the record that is evidence of ownership of a vehicle,
whether a paper certificate authorized by the department or a certificate consisting of
information that is stored in an electronic form in the department’s database.
“Department” means the Department of Highway Safety and Motor Vehicles.
“Frontend assembly” means fenders, hood, grill, and bumper.
“Licensed dealer,” unless otherwise specifically provided, means a motor vehicle
dealer licensed under s. 320.27, a mobile home dealer licensed under s. 320.77, or a
recreational vehicle dealer licensed under s. 320.771.
“Motorcycle body assembly” means frame, fenders, and gas
tanks.
“Motorcycle engine” means cylinder block, heads, engine case, and crank case.
“Motorcycle transmission” means drive train.
“New mobile home” means a mobile home the equitable or legal title to which has
never been transferred by a manufacturer, distributor, importer, or dealer to an ultimate
purchaser.
“New motor vehicle” means a motor vehicle the equitable
or legal title to which has never been transferred by a manufacturer, distributor, importer,
or dealer to an ultimate purchaser; however, when legal title is not transferred but
possession of a motor vehicle is transferred pursuant to a conditional sales contract or
lease and the conditions are not satisfied and the vehicle is returned to the motor vehicle
dealer, the motor vehicle may be resold by the motor vehicle dealer as a new motor
vehicle, provided the selling motor vehicle dealer gives the following written notice to
the purchaser: “THIS
VEHICLE WAS DELIVERED TO A PREVIOUS PURCHASER.” The purchaser shall
sign an acknowledgment, a copy of which is kept in the selling dealer’s file.
“Rear body section” means both quarter panels, decklid, bumper, and floor pan.
“Satisfaction of lien” means full payment of a debt or release of a debtor from a lien
by the lienholder.
“Used motor vehicle” means any motor vehicle that is not a “new motor vehicle” as
defined in subsection (9).
319.14. Sale of motor vehicles registered or used as taxicabs, police vehicles,
lease vehicles, rebuilt vehicles, nonconforming vehicles, custom vehicles, or street
rod vehicles; conversion of lowspeed vehicles.
(a) A person may not knowingly offer for sale, sell, or exchange any vehicle that has
been licensed, registered, or used as a taxicab, police vehicle, or shorttermlease vehicle,
or a vehicle that has been repurchased by a manufacturer pursuant to a settlement,
determination, or decision under chapter 681, until the
department has stamped in a conspicuous place on the certificate of title of the vehicle, or
its duplicate, words stating the nature of the previous use of the vehicle or the title has
been stamped “Manufacturer’s Buy Back” to reflect that the vehicle is a nonconforming
vehicle. If the certificate of title or duplicate was not so stamped upon initial issuance
thereof or if, subsequent to initial issuance of the title, the use of the vehicle is changed to
a use requiring the notation provided for in this section, the owner or lienholder of the
vehicle shall surrender the certificate of title or duplicate to the department prior to
offering the vehicle for sale, and the department shall stamp the certificate or duplicate as
required herein. When a vehicle has been repurchased by a manufacturer pursuant to a
settlement, determination, or decision under chapter 681, the title shall be stamped
“Manufacturer’s Buy Back” to reflect that the vehicle is a nonconforming vehicle.
A person may not knowingly offer for sale, sell, or exchange a rebuilt vehicle until
the department has stamped in a conspicuous place on the certificate of title for the
vehicle words stating that the vehicle has been rebuilt or assembled from parts, or is a kit
car, glider kit, replica, flood vehicle, custom vehicle, or street rod vehicle unless proper
application for a certificate of title for a vehicle that is rebuilt or assembled from parts, or
is a kit car, glider kit, replica, flood vehicle, custom vehicle, or street rod vehicle has been
made to the department in accordance with this chapter and the department has conducted
the physical examination of the vehicle to assure the identity of the vehicle and all major
component parts, as defined in s. 319.30(1), which have been repaired or replaced.
Thereafter, the department shall affix a decal to the vehicle, in the manner prescribed by
the department,
showing the vehicle to be rebuilt.
(c) As used in this section, the term:
“Police vehicle” means a motor vehicle owned or leased by the state or a county or
municipality and used in law enforcement.
a. “Shorttermlease vehicle” means a motor vehicle leased without a driver and
under a written agreement to one or more persons from time to time for a period of less
than 12 months.
b. “Longtermlease vehicle” means a motor vehicle leased without a driver and
under a written agreement to one person for a period of 12 months or longer.
c. “Lease vehicle” includes both shorttermlease vehicles and longtermlease
vehicles.
“Rebuilt vehicle” means a motor vehicle or mobile home built from salvage or junk,
as defined in s. 319.30(1).
“Assembled from parts” means a motor vehicle or mobile home assembled from
parts or combined from parts of motor vehicles or mobile homes, new or used.
“Assembled from parts” does not mean a motor vehicle defined as a “rebuilt vehicle” in
subparagraph 3., which has been declared a total loss pursuant to s. 319.30.
“Kit car” means a motor vehicle assembled with a kit supplied by a manufacturer to
rebuild a wrecked or outdated motor vehicle with a new body kit.
“Glider kit” means a vehicle assembled with a kit supplied by a manufacturer to
rebuild a wrecked or outdated truck or truck tractor.
“Replica” means a complete new motor vehicle manufactured to look like an old
vehicle.
“Flood vehicle” means a motor vehicle or mobile home that has been declared to be a
total loss pursuant to s. 319.30(3)(a) resulting from damage caused by water.
“Nonconforming vehicle” means a motor vehicle which has been purchased by a
manufacturer pursuant to a settlement, determination, or decision under chapter 681.
“Settlement” means an agreement entered into between a manufacturer and a
consumer that occurs after a dispute is submitted to a program, or an informal dispute
settlement procedure established by a manufacturer or is approved for arbitration before
the New Motor Vehicle Arbitration Board as defined in s. 681.102.
“Custom vehicle” means a motor vehicle that:
a. Is 25 years of age or older and of a model year after 1948 or was manufactured to
resemble a vehicle that is 25 years of age or older and of a model year after 1948; and
b. Has been altered from the manufacturer’s original design or has a body constructed
from nonoriginal materials.
The model year and year of manufacture that the body of a custom vehicle resembles
is the model year and year of manufacture listed on the certificate of title, regardless of
when the vehicle was actually manufactured.
12. “Street rod” means a motor vehicle that:
a. Is of a model year of 1948 or older or was manufactured after
1948 to resemble a vehicle of a model year of 1948 or older; and
b. Has been altered from the manufacturer’s original design or has a body constructed
from nonoriginal materials.
The model year and year of manufacture that the body of a street rod resembles is the
model year and year of manufacture listed on the certificate of title, regardless of when
the vehicle was actually manufactured.
A person may not knowingly sell, exchange, or transfer a vehicle referred to in
subsection (1) without, before consummating the sale, exchange, or transfer, disclosing in
writing to the purchaser, customer, or transferee the fact that the vehicle has previously
been titled, registered, or used as a taxicab, police vehicle, or shorttermlease vehicle, is
a vehicle that is rebuilt or assembled from parts, is a kit car, glider kit, replica, or flood
vehicle, or is a nonconforming vehicle, custom vehicle, or street rod vehicle, as the case
may be.
Any person who, with intent to offer for sale or exchange any vehicle referred to in
subsection (1), knowingly or intentionally advertises, publishes, disseminates, circulates,
or places before the public in any communications medium, whether directly or
indirectly, any offer to sell or exchange the vehicle shall clearly and precisely state in
each such offer that the vehicle has previously been titled, registered, or used as a taxicab,
police vehicle, or shorttermlease vehicle or that the vehicle or mobile home is a vehicle
that is rebuilt or assembled from parts, is a kit car, glider kit, replica, or flood vehicle, or
is a nonconforming vehicle, custom vehicle, or street rod vehicle, as the case may be. A
person who violates this subsection commits a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s.
775.083.
If a certificate of title, including a foreign certificate, is branded to reflect a condition
or prior use of the titled vehicle, the brand must be noted on the registration certificate of
the vehicle and such brand shall be carried forward on all subsequent certificates of title
and registration certificates issued for the life of the vehicle.
A person who knowingly sells, exchanges, or offers to sell or exchange a motor
vehicle or mobile home contrary to this section or any officer, agent, or employee of a
person who knowingly authorizes, directs, aids in, or consents to the sale, exchange, or
offer to sell or exchange a motor vehicle or mobile home contrary to this section commits
a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
A person who removes a rebuilt decal from a rebuilt vehicle with the intent to
conceal the rebuilt status of the vehicle commits a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
This section applies to a mobile home, travel trailer, camping trailer, truck camper, or
fifthwheel recreation trailer only when the mobile home or vehicle is a rebuilt vehicle or
is assembled from parts.
A person is not liable or accountable in any civil action arising out of a violation of
this section if the designation of the previous use or condition of the motor vehicle is not
noted on the certificate of title and registration certificate of the vehicle which was
received by, or delivered to, such person, unless the person
has actively concealed the prior use or condition of the vehicle from the purchaser.
Subsections (1), (2), and (3) do not apply to the transfer of ownership of a motor
vehicle after the motor vehicle has ceased to be used as a lease vehicle and the ownership
has been transferred to an owner for private use or to the transfer of ownership of a
nonconforming vehicle with 36,000 or more miles on its odometer, or 34 months
whichever is later and the ownership has been transferred to an owner for private use.
Such owner, as shown on the title certificate, may request the department to issue a
corrected certificate of title that does not contain the statement of the previous use of the
vehicle as a lease vehicle or condition as a nonconforming vehicle.
(a) A vehicle titled or branded and registered as a lowspeed vehicle may be
converted to a golf cart pursuant to the following:
The owner of the converted vehicle must contact the regional office of the
department to verify the conversion, surrender the registration license plate and the
current certificate of title, and pay the appropriate fee established under paragraph (b).
The owner of the converted vehicle must provide an affidavit to the department
attesting that the vehicle has been modified to comply with the speed restrictions
provided in s. 320.01(22) and acknowledging that the vehicle must be operated in
accordance with s. 316.212, s. 316.2125, s. 316.2126, or s. 316.21265.
Upon verification of the conversion, the department shall note in the vehicle record
that the lowspeed vehicle has been converted to a golf cart and shall cancel the
certificate of title and
registration of the vehicle.
319.30. Definitions; dismantling, destruction, change of identity of
motor vehicle or mobile home; salvage.
(1) As used in this section, the term:
“Certificate of destruction” means the certificate issued pursuant to s. 713.78(11) or
s. 713.785(7)(a).
“Certificate of registration number” means the certificate of registration number
issued by the Department of Revenue of the State of Florida pursuant to s. 538.25.
“Certificate of title” means a record that serves as evidence of ownership of a
vehicle, whether such record is a paper certificate authorized by the department or by a
motor vehicle department authorized to issue titles in another state or a certificate
consisting of information stored in electronic form in the department’s database.
“Derelict” means any material which is or may have been a motor vehicle or mobile
home, which is not a major part or major component part, which is inoperable, and which
is in such
condition that its highest or primary value is in its sale or transfer as scrap metal.
(e) “Derelict motor vehicle” means:
secondary metals recycler.
“Independent entity” means a business or entity that may temporarily store damaged
or dismantled motor vehicles pursuant to an agreement with an insurance company and is
engaged in the sale or resale of damaged or dismantled motor vehicles. The term does not
include a wrecker operator, a towing company, or a repair facility.
“Junk” means any material which is or may have been a motor vehicle or mobile
home, with or without all component parts, which is inoperable and which material is in
such condition that its highest or primary value is either in its sale or transfer as scrap
metal or for its component parts, or a combination of the two, except when sold or
delivered to or when purchased, possessed, or received by a secondary metals recycler or
salvage motor vehicle dealer.
“Late model vehicle” means a motor vehicle that has a manufacturer’s model year of
7 years or newer.
“Major component parts” means:
For motor vehicles other than motorcycles, any fender, hood, bumper, cowl
assembly, rear quarter panel, trunk lid, door, decklid, floor pan, engine, frame,
transmission, catalytic converter, or airbag.
For trucks, in addition to those parts listed in subparagraph 1., any truck bed,
including dump, wrecker, crane, mixer, cargo box, or any bed which mounts to a truck
frame.
For motorcycles, the body assembly, frame, fenders, gas tanks, engine, cylinder
block, heads, engine case, crank case,
transmission, drive train, front fork assembly, and wheels.
4. For mobile homes, the frame.
“Major part” means the frontend assembly, cowl assembly, or rear body section.
“Materials” means motor vehicles, derelicts, and major parts that are not prepared
materials.
“Mobile home” means mobile home as defined in s. 320.01(2).
“Motor vehicle” means motor vehicle as defined in s. 320.01(1).
“National Motor Vehicle Title Information System” means the national mandated
vehicle history database maintained by the United States Department of Justice to link the
states’ motor vehicle title records, including Florida’s Department of Highway Safety and
Motor Vehicles’ title records, and ensure that states, law enforcement agencies, and
consumers have access to vehicle titling, branding, and other information that enables
them to verify the accuracy and legality of a motor vehicle title before purchase or title
transfer of the vehicle occurs.
“Parts” means parts of motor vehicles or combinations thereof that do not constitute
materials or prepared materials.
“Prepared materials” means motor vehicles, mobile homes, derelict motor vehicles,
major parts, or parts that have been processed by mechanically flattening or crushing, or
otherwise processed such that they are not the motor vehicle or mobile home described in
the certificate of title, or their only value is as scrap
metal.
“Processing” means the business of performing the manufacturing process by which
ferrous metals or nonferrous metals are converted into raw material products consisting
of prepared grades and having an existing or potential economic value, or the purchase of
materials, prepared materials, or parts therefor.
“Recreational vehicle” means a motor vehicle as defined in s. 320.01(1).
“Salvage” means a motor vehicle or mobile home which is a total loss as defined in
paragraph (3)(a).
“Salvage certificate of title” means a salvage certificate of title issued by the
department or by another motor vehicle department authorized to issue titles in another
state.
“Salvage motor vehicle dealer” means salvage motor vehicle dealer as defined in s.
320.27(1)(c)5.
“Secondary metals recycler” means secondary metals recycler as defined in s.
538.18.
“Seller” means the owner of record or a person who has physical possession and
responsibility for a derelict motor vehicle and attests that possession of the vehicle was
obtained through lawful means along with all ownership rights. A seller does not include
a towing company, repair shop, or landlord unless the towing company, repair shop, or
landlord has obtained title, salvage title, or a certificate of destruction in the name of the
towing company, repair shop, or landlord.
(a) Each person mentioned as owner in the last issued certificate of title, when such
motor vehicle or mobile home is dismantled, destroyed, or changed in such manner that it
is not the motor vehicle or mobile home described in the certificate of title, shall
surrender his or her certificate of title to the department, and thereupon the department
shall, with the consent of any lienholders noted thereon, enter a cancellation upon its
records. Upon cancellation of a certificate of title in the manner prescribed by this
section, the department may cancel and destroy all certificates in that chain of title. Any
person who knowingly violates this paragraph commits a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
1. When a motor vehicle, recreational vehicle, or mobile home is sold, transported,
delivered to, or received by a salvage motor vehicle dealer, the purchaser shall make the
required notification to the National Motor Vehicle Title Information System and it shall
be accompanied by:
a. A valid certificate of title issued in the name of the seller or properly endorsed, as
required in s. 319.22, over to the seller;
b. A valid salvage certificate of title issued in the name of the seller or properly
endorsed, as required in s. 319.22, over to the seller; or
c. A valid certificate of destruction issued in the name of the seller or properly
endorsed over to the seller.
Any person who knowingly violates this paragraph by selling, transporting,
delivering, purchasing, or receiving a motor vehicle, recreational vehicle, or mobile home
without obtaining a properly endorsed certificate of title, salvage certificate of title, or
certificate of destruction from the owner or does not make the required notification to the
National Motor Vehicle Title Information System commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1. When a derelict motor vehicle is sold, transported, or delivered to a licensed
salvage motor vehicle dealer, the purchaser shall make the required notification of the
derelict motor vehicle to the National Motor Vehicle Title Information System and record
the date of purchase and the name, address, and valid Florida driver license number or
valid Florida identification card number, or a valid driver license number or identification
card number issued by another state, of the person selling the derelict motor vehicle, and
it shall be accompanied by:
a. A valid certificate of title issued in the name of the seller or properly endorsed
over to the seller;
b. A valid salvage certificate of title issued in the name of the seller or properly
endorsed over to the seller; or
c. A valid certificate of destruction issued in the name of the seller or properly
endorsed over to the seller.
If a valid certificate of title, salvage certificate of title, or certificate of destruction is
not available, a derelict motor vehicle certificate application shall be completed by the
seller or owner of the motor vehicle or mobile home, the seller’s or owner’s authorized
transporter, and the licensed salvage motor vehicle dealer at the time of sale, transport, or
delivery to the licensed salvage motor vehicle dealer. The derelict motor vehicle
certificate application shall be used by the seller or owner, the seller’s or owner’s
authorized transporter, and the licensed
salvage motor vehicle dealer to obtain a derelict motor vehicle certificate from the
department. The derelict motor vehicle certificate application must be accompanied by a
legible copy of the seller’s or owner’s valid Florida driver license or Florida
identification card, or a valid driver license or identification card issued by another state.
If the seller is not the owner of record of the vehicle being sold, the dealer shall, at the
time of sale, ensure that a smudgefree right thumbprint, or other digit if the seller has no
right thumb, of the seller is imprinted upon the derelict motor vehicle certificate
application and that a legible copy of the seller’s driver license or identification card is
affixed to the application and transmitted to the department. The licensed salvage motor
vehicle dealer shall make the required notification of the derelict motor vehicle to the
National Motor Vehicle Title Information System and secure the derelict motor vehicle
for 3 full business days, excluding weekends and holidays, if there is no active lien or a
lien of 3 years or more on the department’s records before destroying or dismantling the
derelict motor vehicle and shall follow all reporting procedures established by the
department, including electronic notification to the department or delivery of the original
derelict motor vehicle certificate application to an agent of the department within 24
hours after receiving the derelict motor vehicle. If there is an active lien of less than 3
years on the derelict motor vehicle, the licensed salvage motor vehicle dealer shall secure
the derelict motor vehicle for 10 days. The department shall notify the lienholder that a
derelict motor vehicle certificate has been issued and shall notify the lienholder of its
intention to remove the lien. Ten days after receipt of the motor vehicle derelict
certificate application, the department may remove the lien from its records if a written
statement protesting removal of the lien is not received by the department from the
lienholder within the 10day period. However, if the lienholder files with the department
and the licensed salvage motor vehicle dealer within the 10day period a written
statement that the lien is still outstanding, the department shall not remove the lien and
shall place an administrative hold on the record for 30 days to allow the lienholder to
apply for title to the vehicle or a repossession certificate under s. 319.28. The licensed
salvage motor vehicle dealer must secure the derelict motor vehicle until the department’s
administrative stop is removed, the lienholder submits a lien satisfaction, or the
lienholder takes possession of the vehicle.
Any person who knowingly violates this paragraph by selling, transporting,
delivering, purchasing, or receiving a derelict motor vehicle without obtaining a
certificate of title, salvage certificate of title, certificate of destruction, or derelict motor
vehicle certificate application; enters false or fictitious information on a derelict motor
vehicle certificate application; does not complete the derelict motor vehicle certificate
application as required; does not obtain a legible copy of the seller’s or owner’s valid
driver license or identification card when required; does not make the required
notification to the department; does not make the required notification to the National
Motor Vehicle Title Information System; or destroys or dismantles a derelict motor
vehicle without waiting the required time as set forth in subparagraph 2. commits a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(a) 1. As used in this section, a motor vehicle or mobile
home is a “total loss”:
a. When an insurance company pays the vehicle owner to replace the wrecked or
damaged vehicle with one of like kind and quality or when an insurance company pays
the owner upon the theft of the motor vehicle or mobile home; or
b. When an uninsured motor vehicle or mobile home is wrecked or damaged and the
cost, at the time of loss, of repairing or rebuilding the vehicle is 80 percent or more of the
cost to the owner of replacing the wrecked or damaged motor vehicle or mobile home
with one of like kind and quality.
A motor vehicle or mobile home shall not be considered a “total loss” if the
insurance company and owner of a motor vehicle or mobile home agree to repair, rather
than to replace, the motor vehicle or mobile home. However, if the actual cost to repair
the motor vehicle or mobile home to the insurance company exceeds 100 percent of the
cost of replacing the wrecked or damaged motor vehicle or mobile home with one of like
kind and quality, the owner shall forward to the department, within 72 hours after the
agreement, a request to brand the certificate of title with the words “Total Loss Vehicle.”
Such a brand shall become a part of the vehicle’s title history.
The owner, including persons who are selfinsured, of a motor vehicle or mobile
home that is considered to be salvage shall, within 72 hours after the motor vehicle or
mobile home becomes salvage, forward the title to the motor vehicle or mobile home to
the department for processing. However, an insurance company that pays money as
compensation for the total loss of a motor vehicle or mobile home shall obtain the
certificate of title
for the motor vehicle or mobile home, make the required notification to the National
Motor Vehicle Title Information System, and, within 72 hours after receiving such
certificate of title, forward such title to the department for processing. The owner or
insurance company, as applicable, may not dispose of a vehicle or mobile home that is a
total loss before it obtains a salvage certificate of title or certificate of destruction from
the department. Effective July 1, 2023:
Thirty days after payment of a claim for compensation pursuant to this paragraph, the
insurance company may receive a salvage certificate of title or certificate of destruction
from the department if the insurance company is unable to obtain a properly assigned
certificate of title from the owner or lienholder of the motor vehicle or mobile home, if
the motor vehicle or mobile home does not carry an electronic lien on the title and the
insurance company:
a. Has obtained the release of all liens on the motor vehicle or mobile home;
b. Has provided proof of payment of the total loss claim; and
c. Has provided an affidavit on letterhead signed by the insurance company or its
authorized agent stating the attempts that have been made to obtain the title from the
owner or lienholder and further stating that all attempts are to no avail. The affidavit must
include a request that the salvage certificate of title or certificate of destruction be issued
in the insurance company’s name due to payment of a total loss claim to the owner or
lienholder. The attempts to contact the owner may be by written request delivered in
person or by firstclass mail with a certificate
of mailing to the owner’s or lienholder’s last known address.
If the owner or lienholder is notified of the request for title in person, the insurance
company must provide an affidavit attesting to the inperson request for a certificate of
title.
The request to the owner or lienholder for the certificate of title must include a
complete description of the motor vehicle or mobile home and the statement that a total
loss claim has been paid on the motor vehicle or mobile home.
When applying for a salvage certificate of title or certificate of destruction, the owner
or insurance company must provide the department with an estimate of the costs of
repairing the physical and mechanical damage suffered by the vehicle for which a salvage
certificate of title or certificate of destruction is sought. If the estimated costs of repairing
the physical and mechanical damage to the mobile home are equal to 80 percent or more
of the current retail cost of the mobile home, as established in any official used mobile
home guide, the department shall declare the mobile home unrebuildable and print a
certificate of destruction, which authorizes the dismantling or destruction of the mobile
home. For a late model vehicle with a current retail cost of at least $7,500 just prior to
sustaining the damage that resulted in the total loss, as established in any official used car
guide or valuation service, if the owner or insurance company determines that the
estimated costs of repairing the physical and mechanical damage to the vehicle are equal
to 90 percent or more of the current retail cost of the vehicle, as established in any official
used motor vehicle guide or valuation service, the department shall declare the vehicle
unrebuildable and print a certificate of destruction, which authorizes the dismantling or
destruction of the motor
vehicle. However, if the damaged motor vehicle is equipped with customlowered floors
for wheelchair access or a wheelchair lift, the insurance company may, upon determining
that the vehicle is repairable to a condition that is safe for operation on public roads,
submit the certificate of title to the department for reissuance as a salvage rebuildable title
and the addition of a title brand of “insurancedeclared total loss.” The certificate of
destruction shall be reassignable a maximum of two times before dismantling or
destruction of the vehicle is required, and shall accompany the motor vehicle or mobile
home for which it is issued, when such motor vehicle or mobile home is sold for such
purposes, in lieu of a certificate of title. The department may not issue a certificate of title
for that vehicle. This subsection is not applicable if a mobile home is worth less than
$1,500 retail just prior to sustaining the damage that resulted in the total loss in any
official used mobile home guide or when a stolen motor vehicle or mobile home is
recovered in substantially intact condition and is readily resalable without extensive
repairs to or replacement of the frame or engine. If a motor vehicle has a current retail
cost of less than $7,500 just prior to sustaining the damage that resulted in the total loss,
as established in any official used motor vehicle guide or valuation service, or if the
vehicle is not a late model vehicle, the owner or insurance company that pays money as
compensation for the total loss of the motor vehicle shall obtain a certificate of
destruction, if the motor vehicle is damaged, wrecked, or burned to the extent that the
only residual value of the motor vehicle is as a source of parts or scrap metal, or if the
motor vehicle comes into this state under a title or other ownership document that
indicates that the motor vehicle is not repairable, is junked, or is for parts or dismantling
only. A person who knowingly violates this
paragraph or falsifies documentation to avoid the requirements of this paragraph commits
a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
It is unlawful for any person to have in his or her possession any motor vehicle or
mobile home when the manufacturer’s or stateassigned identification number plate or
serial plate has been removed therefrom.
Nothing in this subsection shall be applicable when a vehicle defined in this section
as a derelict or salvage was purchased or acquired from a foreign state requiring such
vehicle’s identification number plate to be surrendered to such state, provided the person
shall have an affidavit from the seller describing the vehicle by manufacturer’s serial
number and the state to which such vehicle’s identification number plate was
surrendered.
Nothing in this subsection shall be applicable if a certificate of destruction has been
obtained for the vehicle.
(a) It is unlawful for any person to knowingly possess, sell, or exchange, offer to sell
or exchange, or give away any certificate of title or manufacturer’s or stateassigned
identification number plate or serial plate of any motor vehicle, mobile home, or derelict
that has been sold as salvage contrary to the provisions of this section, and it is unlawful
for any person to authorize, direct, aid in, or consent to the possession, sale, or exchange
or to offer to sell, exchange, or give away such certificate of title or manufacturer’s or
stateassigned identification number plate or serial plate.
It is unlawful for any person to knowingly possess, sell, or
exchange, offer to sell or exchange, or give away any manufacturer’s or stateassigned
identification number plate or serial plate of any motor vehicle or mobile home that has
been removed from the motor vehicle or mobile home for which it was manufactured,
and it is unlawful for any person to authorize, direct, aid in, or consent to the possession,
sale, or exchange or to offer to sell, exchange, or give away such manufacturer’s or state
assigned identification number plate or serial plate.
This chapter does not apply to anyone who removes, possesses, or replaces a
manufacturer’s or stateassigned identification number plate, in the course of performing
repairs on a vehicle, that require such removal or replacement. If the repair requires
replacement of a vehicle part that contains the manufacturer’s or stateassigned
identification number plate, the manufacturer’s or stateassigned identification number
plate that is assigned to the vehicle being repaired will be installed on the replacement
part. The manufacturer’s or stateassigned identification number plate that was removed
from this replacement part will be installed on the part that was removed from the vehicle
being repaired.
(a) In the event of a purchase by a salvage motor vehicle dealer of materials or major
component parts for any reason, the purchaser shall:
For each item of materials or major component parts purchased, the salvage motor
vehicle dealer shall record the date of purchase and the name, address, and personal
identification card number of the person selling such items, as well as the vehicle
identification number, if available.
With respect to each item of materials or major component parts purchased, obtain
such documentation as may be required by subsection (2).
Any person who violates this subsection commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(a) In the event of a purchase by a secondary metals recycler, that has been issued a
certificate of registration number, of:
Materials, prepared materials, or parts from any seller for purposes other than the
processing of such materials, prepared materials, or parts, the purchaser shall obtain such
documentation as may be required by this section and shall record the seller’s name and
address, date of purchase, and the personal identification card number of the person
delivering such items.
Parts or prepared materials from any seller for purposes of the processing of such
parts or prepared materials, the purchaser shall record the seller’s name and address and
date of purchase and, in the event of a purchase transaction consisting primarily of parts
or prepared materials, the personal identification card number of the person delivering
such items.
Materials from another secondary metals recycler for purposes of the processing of
such materials, the purchaser shall record the seller’s name and address and date of
purchase.
a. Motor vehicles, recreational vehicles, mobile homes, or derelict motor vehicles
from other than a secondary metals recycler for purposes of the processing of such motor
vehicles,
recreational vehicles, mobile homes, or derelict motor vehicles, the purchaser shall make
the required notification to the National Motor Vehicle Title Information System and
record the date of purchase and the name, address, and personal identification card
number of the person selling such items and shall obtain the following documentation
from the seller with respect to each item purchased:
I. A valid certificate of title issued in the name of the seller or properly endorsed, as
required in s. 319.22, over to the seller;
A valid salvage certificate of title issued in the name of the seller or properly
endorsed, as required in s. 319.22, over to the seller;
A valid certificate of destruction issued in the name of the seller or properly endorsed
over to the seller; or
IV. A valid derelict motor vehicle certificate obtained from the department by a
licensed salvage motor vehicle dealer and properly reassigned to the secondary metals
recycler.
b. If a valid certificate of title, salvage certificate of title, certificate of destruction, or
derelict motor vehicle certificate is not available and the motor vehicle or mobile home is
a derelict motor vehicle, a derelict motor vehicle certificate application shall be
completed by the seller or owner of the motor vehicle or mobile home, the seller’s or
owner’s authorized transporter, and the registered secondary metals recycler at the time
of sale, transport, or delivery to the registered secondary metals recycler to obtain a
derelict motor vehicle certificate from the department. The derelict motor vehicle
certificate application must be accompanied by a legible copy of the seller’s or owner’s
valid
Florida driver license or Florida identification card, or a valid driver license or
identification card from another state. If the seller is not the owner of record of the
vehicle being sold, the recycler shall, at the time of sale, ensure that a smudgefree right
thumbprint, or other digit if the seller has no right thumb, of the seller is imprinted upon
the derelict motor vehicle certificate application and that the legible copy of the seller’s
driver license or identification card is affixed to the application and transmitted to the
department. The derelict motor vehicle certificate shall be used by the owner, the owner’s
authorized transporter, and the registered secondary metals recycler. The registered
secondary metals recycler shall make the required notification of the derelict motor
vehicle to the National Motor Vehicle Title Information System and shall secure the
derelict motor vehicle for 3 full business days, excluding weekends and holidays, if there
is no active lien or a lien of 3 years or more on the department’s records before
destroying or dismantling the derelict motor vehicle and shall follow all reporting
procedures established by the department, including electronic notification to the
department or delivery of the original derelict motor vehicle certificate application to an
agent of the department within 24 hours after receiving the derelict motor vehicle. If there
is an active lien of less than 3 years on the derelict motor vehicle, the registered
secondary metals recycler shall secure the derelict motor vehicle for 10 days. The
department shall notify the lienholder of the application for a derelict motor vehicle
certificate and shall notify the lienholder of its intention to remove the lien. Ten days
after receipt of the motor vehicle derelict application, the department may remove the lien
from its records if a written statement protesting removal of the lien is not received by the
department
from the lienholder within the 10day period. However, if the lienholder files with the
department and the registered secondary metals recycler within the 10day period a
written statement that the lien is still outstanding, the department shall not remove the
lien and shall place an administrative hold on the record for 30 days to allow the
lienholder to apply for title to the vehicle or a repossession certificate under s. 319.28.
The registered secondary metals recycler must secure the derelict motor vehicle until the
department’s administrative stop is removed, the lienholder submits a lien satisfaction, or
the lienholder takes possession of the vehicle.
c. Any person who knowingly violates this subparagraph by selling, transporting,
delivering, purchasing, or receiving a motor vehicle, recreational motor vehicle, mobile
home, or derelict motor vehicle without obtaining a certificate of title, salvage certificate
of title, certificate of destruction, or derelict motor vehicle certificate; enters false or
fictitious information on a derelict motor vehicle certificate application; does not
complete the derelict motor vehicle certificate application as required or does not make
the required notification to the department; does not make the required notification to the
National Motor Vehicle Title Information System; does not obtain a legible copy of the
seller’s or owner’s driver license or identification card when required; or destroys or
dismantles a derelict motor vehicle without waiting the required time as set forth in sub
subparagraph b. commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Major parts from other than a secondary metals recycler for purposes of the
processing of such major parts, the purchaser shall
record the seller’s name, address, date of purchase, and the personal identification card
number of the person delivering such items, as well as the vehicle identification number,
if available, of each major part purchased.
Any person who violates this subsection commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(a) Secondary metals recyclers and salvage motor vehicle dealers shall return to the
department on a monthly basis all certificates of title and salvage certificates of title that
are required by this section to be obtained. Secondary metals recyclers and salvage motor
vehicle dealers may elect to notify the department electronically through procedures
established by the department when they receive each motor vehicle or mobile home,
salvage motor vehicle or mobile home, or derelict motor vehicle with a certificate of title
or salvage certificate of title through procedures established by the department.
Secondary metals recyclers and salvage motor vehicle dealers shall keep originals, or
a copy in the event the original was returned to the department, of all certificates of title,
salvage certificates of title, certificates of destruction, derelict motor vehicle certificates,
and all other information required by this section to be recorded or obtained, on file in the
offices of such secondary metals recyclers or salvage motor vehicle dealers for a period
of 3 years after the date of purchase of the items reflected in such certificates of title,
salvage certificates of title, certificates of destruction, or derelict motor vehicle
certificates. These records shall be maintained in chronological order.
For the purpose of enforcement of this section, the department or its agents and
employees have the same right of inspection as law enforcement officers as provided in s.
812.055.
Whenever the department, its agent or employee, or any law enforcement officer has
reason to believe that a stolen or fraudulently titled motor vehicle, mobile home, recreational
vehicle, salvage motor vehicle, or derelict motor vehicle is in the possession of a salvage
motor vehicle dealer or secondary metals recycler, the department, its agent or employee, or
the law enforcement officer may issue an extended hold notice, not to exceed 5 additional
business days, excluding weekends and holidays, to the salvage motor vehicle dealer or
registered secondary metals recycler.
Whenever a salvage motor vehicle dealer or registered secondary metals recycler is
notified by the department, its agent or employee, or any law enforcement officer to hold a
motor vehicle, mobile home, recreational vehicle, salvage motor vehicle, or derelict motor
vehicle that is believed to be stolen or fraudulently titled, the salvage motor vehicle dealer or
registered secondary metals recycler shall hold the motor vehicle, mobile home, recreational
vehicle, salvage motor vehicle, or derelict motor vehicle and may not dismantle or destroy the
motor vehicle, mobile home, recreational vehicle, salvage motor vehicle, or derelict motor
vehicle until it is recovered by a law enforcement officer, the hold is released by the
department or the law enforcement officer placing the hold, or the 5 additional business days
have passed since being notified of the hold.
This section does not authorize any person who is engaged in the business of recovering,
towing, or storing vehicles pursuant
to s. 713.78, and who is claiming a lien for performing labor or services on a motor
vehicle or mobile home pursuant to s. 713.58, or is claiming that a motor vehicle or
mobile home has remained on any premises after tenancy has terminated pursuant to s.
715.104, to use a derelict motor vehicle certificate application for the purpose of
transporting, selling, disposing of, or delivering a motor vehicle to a salvage motor
vehicle dealer or secondary metals recycler without obtaining the title or certificate of
destruction required under s. 713.58, s. 713.78, or s. 715.104.
The department shall accept all properly endorsed and completed derelict motor
vehicle certificate applications and shall issue a derelict motor vehicle certificate having
an effective date that authorizes when a derelict motor vehicle is eligible for dismantling
or destruction. The electronic information obtained from the derelict motor vehicle
certificate application shall be stored electronically and shall be made available to
authorized persons after issuance of the derelict motor vehicle certificate in the Florida
Real Time Vehicle Information System.
The department is authorized to adopt rules pursuant to ss. 120.536(1) and 120.54
establishing policies and procedures to administer and enforce this section.
The department shall charge a fee of $3 for each derelict motor vehicle certificate
delivered to the department or one of its agents for processing and shall mark the title
record canceled. A service charge may be collected under s. 320.04.
The licensed salvage motor vehicle dealer or registered secondary metals recycler
shall make all payments for the purchase of any derelict motor vehicle that is sold by a
seller who
is not the owner of record on file with the department by check or money order made
payable to the seller and may not make payment to the authorized transporter. The
licensed salvage motor vehicle dealer or registered secondary metals recycler may not
cash the check that such dealer or recycler issued to the seller.
(a) An insurance company may notify an independent entity that obtains possession
of a damaged or dismantled motor vehicle to release the vehicle to the owner. The
insurance company shall provide the independent entity a release statement on a form
prescribed by the department authorizing the independent entity to release the vehicle to
the owner. The form shall, at a minimum, contain the following:
The policy and claim number.
The name and address of the insured.
The vehicle identification number.
The signature of an authorized representative of the insurance company.
The independent entity in possession of a motor vehicle must send a notice to the
owner that the vehicle is available for pick up when it receives a release statement from
the insurance company. The notice shall be sent by certified mail to the owner at the
owner’s address reflected in the department’s records. The notice must inform the owner
that the owner has 30 days after receipt of the notice to pick up the vehicle from the
independent entity. If the motor vehicle is not claimed within 30 days after the owner
receives the notice, the independent entity may apply for a certificate of destruction or a
certificate of title.
The independent entity shall make the required notification to the National Motor
Vehicle Title Information System before releasing any damaged or dismantled motor
vehicle to the owner or before applying for a certificate of destruction or salvage
certificate of title.
Upon applying for a certificate of destruction or salvage certificate of title, the
independent entity shall provide a copy of the release statement from the insurance
company to the independent entity, proof of providing the 30day notice to the owner,
proof of notification to the National Motor Vehicle Title Information System, and
applicable fees.
The independent entity may not charge an owner of the vehicle storage fees or apply
for a title under s. 713.585 or s. 713.78.
Except as otherwise provided in this section, any person who violates this section
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or
s. 775.084.
319.33. Offenses involving vehicle identification numbers, applications,
certificates, papers; penalty.
(1) It is unlawful:
To alter or forge any certificate of title to a motor vehicle or mobile home or any
assignment thereof or any cancellation of any lien on a motor vehicle or mobile home.
To retain or use such certificate, assignment, or cancellation knowing that it has been
altered or forged.
To procure or attempt to procure a certificate of title to a
motor vehicle or mobile home, or pass or attempt to pass a certificate of title or any
assignment thereof to a motor vehicle or mobile home, knowing or having reason to
believe that such motor vehicle or mobile home has been stolen.
To possess, sell or offer for sale, conceal, or dispose of in this state a motor vehicle or
mobile home, or major component part thereof, on which any motor number or vehicle
identification number that has been affixed by the manufacturer or by a state agency,
such as the Department of Highway Safety and Motor Vehicles, which regulates motor
vehicles has been destroyed, removed, covered, altered, or defaced, with knowledge of
such destruction, removal, covering, alteration, or defacement, except as provided in s.
319.30(4).
To use a false or fictitious name, give a false or fictitious address, or make any false
statement in any application or affidavit required under the provisions of this chapter or
in a bill of sale or sworn statement of ownership or otherwise commit a fraud in any
application.
It is unlawful for any person knowingly to obtain goods, services, credit, or money
by means of an invalid, duplicate, fictitious, forged, counterfeit, stolen, or unlawfully
obtained certificate of title, registration, bill of sale, or other indicia of ownership of a
motor vehicle or mobile home.
It is unlawful for any person knowingly to obtain goods, services, credit, or money
by means of a certificate of title to a motor vehicle or mobile home, which certificate is
required by law to be surrendered to the department.
It is unlawful for any person knowingly and with intent to
defraud to have in his or her possession, sell, offer to sell, counterfeit, or supply a blank,
forged, fictitious, counterfeit, stolen, or fraudulently or unlawfully obtained certificate of
title, registration, bill of sale, or other indicia of ownership of a motor vehicle or mobile
home or to conspire to do any of the foregoing.
It is unlawful for any person, firm, or corporation to knowingly possess, manufacture,
sell or exchange, offer to sell or exchange, supply in blank, or give away any counterfeit
manufacturer’s or stateassigned identification number plates or serial plates or any decal
used for the purpose of identification of any motor vehicle; or for any officer, agent, or
employee of any person, firm, or corporation, or any person who shall authorize, direct,
aid in exchange, or give away such counterfeit manufacturer’s or stateassigned
identification number plates or serial plates or any decal; or conspire to do any of the
foregoing. However, nothing in this subsection shall be applicable to any approved
replacement manufacturer’s or stateassigned identification number plates or serial plates
or any decal issued by the department or any state.
Any person who violates any provision of this section is guilty of a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any motor
vehicle used in violation of this section shall constitute contraband which may be seized
by a law enforcement agency and shall be subject to forfeiture proceedings pursuant to ss.
932.701932.704. This section is not exclusive of any other penalties prescribed by any
existing or future laws for the larceny or unauthorized taking of motor vehicles or mobile
homes, but is supplementary thereto.
(a) If all identifying numbers of a motor vehicle or mobile
home do not exist or have been destroyed, removed, covered, altered, or defaced, or if the
real identity of the motor vehicle or mobile home cannot be determined, the motor
vehicle or mobile home shall constitute contraband and shall be subject to forfeiture by a
seizing law enforcement agency, pursuant to applicable provisions of ss. 932.701
932.704. Such motor vehicle shall not be operated on the streets and highways of the
state unless, by written order of a court of competent jurisdiction, the department is
directed to assign to the vehicle a replacement vehicle identification number which shall
thereafter be used for identification purposes. If the motor vehicle is confiscated from a
licensed motor vehicle dealer as defined in s. 320.27, the dealer’s license shall be
revoked.
If all numbers or other identifying marks manufactured on a major component part
have been altered, defaced, destroyed, or otherwise removed for the purpose of
concealing the identity of the major component part, the part shall constitute contraband
and shall be subject to forfeiture by a seizing law enforcement agency, pursuant to
applicable provisions of ss. 932.701932.704. Any major component part forfeited under
this subsection shall be destroyed or disposed of in a manner so as to make it unusable.
319.34. Transfer without delivery of certificate; operation or use without
certificate; failure to surrender; other violations.
Whoever, except as otherwise provided for in this chapter, purports to sell or transfer
a motor vehicle or mobile home without delivering to the purchaser or transferee thereof
a certificate of title thereto duly assigned to such purchaser as
provided in this chapter or operates or uses in this state a motor vehicle or mobile home
for which a certificate of title is required without such certificate having been obtained in
accordance with the provisions of this chapter, or upon which the certificate of title has
been canceled; whoever fails to surrender any certificate of title, certificate of
registration, license plate, or sticker upon cancellation of the same by the department and
notice thereof as prescribed in this chapter; whoever fails to surrender the certificate of
title to the department as provided in this chapter in case of the destruction or dismantling
or change of a motor vehicle or mobile home in such respect that it is not the motor
vehicle or mobile home described in the certificate of title; or whoever violates any of the
other provisions of this chapter, or any lawful rule adopted pursuant to the provisions of
this chapter, shall be fined not more than $500 or imprisoned for not more than 6 months,
or both, for each offense.
319.35. Unlawful acts in connection with motor vehicle odometer
readings; penalties.
(a) It is unlawful for any person knowingly to tamper with, adjust, alter, set back,
disconnect, or fail to connect an odometer of a motor vehicle, or to cause any of the
foregoing to occur to an odometer of a motor vehicle, so as to reflect a lower mileage
than the motor vehicle has actually been driven, or to supply any written odometer
statement knowing such statement to be false or based on mileage figures reflected by an
odometer that has been tampered with or altered, except as hereinafter provided. It is
unlawful for any person to knowingly bring into this state a motor vehicle which has an
odometer that has been illegally altered.
It is unlawful for any person to knowingly provide false information on the odometer
readings required pursuant to ss. 319.23(3) and 320.02(2)(b).
It is unlawful for any person to knowingly possess, sell, or offer for sale, conceal, or
dispose of in this state a motor vehicle with an odometer that has been tampered with so as to
reflect a lower mileage than the motor vehicle has actually been driven, except as provided in
paragraph (2)(a) and subsection (3).
(a) This section does not prevent the service, repair, or replacement of an odometer if the
mileage indicated thereon remains the same as before the service, repair, or replacement. If
the odometer is incapable of registering the same mileage as before such service, repair, or
replacement, the odometer must be adjusted to read zero and a notice in writing must be
attached to the door frame of the vehicle by the owner or his or her agent specifying the
mileage prior to repair or replacement of the odometer and the date on which it was repaired
or replaced.
A person may not fail to adjust an odometer or affix a notice regarding such adjustment
as required by paragraph (a).
A person may not, with intent to defraud, remove or alter any notice affixed to a motor
vehicle under paragraph (a).
Any motor vehicle with an odometer that has been tampered with so as to reflect a lower
mileage than the motor vehicle has actually been driven may not be knowingly operated on
the streets and highways of the state in such condition unless the certificate of title and
registration certificate of the vehicle have been conspicuously stamped so as to indicate the
displayed mileage is inaccurate and written notice has been placed on the vehicle as
described in paragraph (2)(a).
If any person, with intent to defraud, possesses, sells, or offers to sell any motor
vehicle with an odometer that has been illegally adjusted, altered, set back, or tampered
with so as to reflect a lower mileage than the vehicle has actually been driven, such motor
vehicle is contraband and is subject to seizure and forfeiture by a law enforcement agency
or the department pursuant to ss. 932.701932.704.
Any person who intentionally violates the provisions of this section is guilty of a
felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
CHAPTER 320
MOTOR VEHICLE LICENSES
320.01. Definitions, general.
As used in the Florida Statutes, except as otherwise provided, the term:
(1) “Motor vehicle” means:
An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer
combination, or any other vehicle operated on the roads of this state, used to transport
persons or property, and propelled by power other than muscular power, but the term
does not include traction engines, road rollers, special mobile equipment as defined in s.
316.003, vehicles that run only upon a track, bicycles, swamp buggies, or mopeds.
A recreational vehicletype unit primarily designed as temporary living quarters for
recreational, camping, or travel use, which either has its own motive power or is mounted
on or drawn by another vehicle. Recreational vehicletype units, when traveling on the
public roadways of this state, must comply with the length and width provisions of s.
316.515, as that section may hereafter be amended. As defined below, the basic entities
are:
The “travel trailer,” which is a vehicular portable unit, mounted on wheels, of such a
size or weight as not to require special highway movement permits when drawn by a
motorized vehicle. It is primarily designed and constructed to provide temporary living
quarters for recreational, camping, or travel use. It has a body width of no more than 8 ½
feet and an overall body length of no more than 40 feet when factoryequipped for the
road.
The “camping trailer,” which is a vehicular portable unit mounted on wheels and
constructed with collapsible partial sidewalls which fold for towing by another vehicle
and unfold at the campsite to provide temporary living quarters for recreational, camping,
or travel use.
The “truck camper,” which is a truck equipped with a portable unit designed to be
loaded onto, or affixed to, the bed or chassis of the truck and constructed to provide
temporary living quarters for recreational, camping, or travel use.
The “motor home,” which is a vehicular unit which does not exceed the length,
height, and width limitations provided in s. 316.515, is a selfpropelled motor vehicle,
and is primarily designed to provide temporary living quarters for recreational, camping,
or travel use.
The “private motor coach,” which is a vehicular unit which does not exceed the
length, width, and height limitations provided in s. 316.515(9), is built on a selfpropelled
bus type chassis having no fewer than three loadbearing axles, and is primarily designed
to provide temporary living quarters for recreational, camping, or travel use.
The “van conversion,” which is a vehicular unit which does not exceed the length
and width limitations provided in s. 316.515, is built on a selfpropelled motor vehicle
chassis, and is designed for recreation, camping, and travel use.
The “park trailer,” which is a transportable unit which has a body width not
exceeding 14 feet and which is built on a single
chassis and is designed to provide seasonal or temporary living quarters when connected
to utilities necessary for operation of installed fixtures and appliances. The total area of
the unit in a setup mode, when measured from the exterior surface of the exterior stud
walls at the level of maximum dimensions, not including any bay window, does not
exceed 400 square feet when constructed to ANSI A119.5 standards, and 500 square feet
when constructed to United States Department of Housing and Urban Development
Standards. The length of a park trailer means the distance from the exterior of the front of
the body (nearest to the drawbar and coupling mechanism) to the exterior of the rear of
the body (at the opposite end of the body), including any protrusions.
The “fifthwheel trailer,” which is a vehicular unit mounted on wheels, designed to
provide temporary living quarters for recreational, camping, or travel use, of such size or
weight as not to require a special highway movement permit, of gross trailer area not to
exceed 400 square feet in the setup mode, and designed to be towed by a motorized
vehicle that contains a towing mechanism that is mounted above or forward of the tow
vehicle’s rear axle.
(a) “Mobile home” means a structure, transportable in one or more sections, which is
8 body feet or more in width and which is built on an integral chassis and designed to be
used as a dwelling when connected to the required utilities and includes the plumbing,
heating, airconditioning, and electrical systems contained therein. For tax purposes, the
length of a mobile home is the distance from the exterior of the wall nearest to the
drawbar and coupling mechanism to the exterior of the wall at the opposite
end of the home where such walls enclose living or other interior space. Such distance
includes expandable rooms, but excludes bay windows, porches, drawbars, couplings,
hitches, wall and roof extensions, or other attachments that do not enclose interior space.
In the event that the mobile home owner has no proof of the length of the drawbar,
coupling, or hitch, then the tax collector may in his or her discretion either inspect the
home to determine the actual length or may assume 4 feet to be the length of the drawbar,
coupling, or hitch.
“Manufactured home” means a mobile home fabricated on or after June 15, 1976, in
an offsite manufacturing facility for installation or assembly at the building site, with
each section bearing a seal certifying that it is built in compliance with the federal
Manufactured Home Construction and Safety Standard Act.
“Owner” means any person, firm, corporation, or association controlling any motor
vehicle or mobile home by right of purchase, gift, lease, or otherwise.
“Trailer” means any vehicle without motive power designed to be coupled to or
drawn by a motor vehicle and constructed so that no part of its weight or that of its load
rests upon the towing vehicle.
“Semitrailer” means any vehicle without motive power designed to be coupled to or
drawn by a motor vehicle and constructed so that some part of its weight and that of its
load rests upon or is carried by another vehicle.
“Net weight” means the actual scale weight in pounds with complete catalog
equipment.
“Gross weight” means the net weight of a motor vehicle in pounds plus the weight of the
load carried by it.
“Cwt” means the weight per hundred pounds, or major fraction thereof, of a motor
vehicle.
“Truck” means any motor vehicle with a net vehicle weight of 5,000 pounds or less and
which is designed or used principally for the carriage of goods and includes a motor vehicle
to which has been added a cabinet box, a platform, a rack, or other equipment for the purpose
of carrying goods other than the personal effects of the passengers.
“Heavy truck” means any motor vehicle with a net vehicle weight of more than 5,000
pounds, which is registered on the basis of gross vehicle weight in accordance with s.
320.08(4), and which is designed or used for the carriage of goods or designed or equipped
with a connecting device for the purpose of drawing a trailer that is attached or coupled
thereto by means of such connecting device and includes any such motor vehicle to which has
been added a cabinet box, a platform, a rack, or other equipment for the purpose of carrying
goods other than the personal effects of the passengers.
“Truck tractor” means a motor vehicle which has four or more wheels and is designed
and equipped with a fifth wheel for the primary purpose of drawing a semitrailer that is
attached or coupled thereto by means of such fifth wheel and which has no provision for
carrying loads independently.
“Gross vehicle weight” means:
For heavy trucks with a net weight of more than 5,000
pounds, but less than 8,000 pounds, the gross weight of the heavy truck. The gross
vehicle weight is calculated by adding to the net weight of the heavy truck the weight of
the load carried by it, which is the maximum gross weight as declared by the owner or
person applying for registration.
For heavy trucks with a net weight of 8,000 pounds or more, the gross weight of the
heavy truck, including the gross weight of any trailer coupled thereto. The gross vehicle
weight is calculated by adding to the gross weight of the heavy truck the gross weight of
the trailer, which is the maximum gross weight as declared by the owner or person
applying for registration.
The gross weight of a truck tractor and semitrailer combination is calculated by
adding to the net weight of the truck tractor the gross weight of the semitrailer, which is
the maximum gross weight as declared by the owner or person applying for registration;
such vehicles are together by means of a fifthwheel arrangement whereby part of the
weight of the semitrailer and load rests upon the truck tractor.
“Passenger,” or any abbreviation thereof, does not include a driver.
“Private use” means the use of any vehicle which is not properly classified as a for
hire vehicle.
(a) “Forhire vehicle” means any motor vehicle, when used for transporting persons
or goods for compensation; let or rented to another for consideration; offered for rent or
hire as a means of transportation for compensation; advertised in a newspaper or
generally held out as being for rent or hire; used in connection with a travel bureau; or
offered or used to provide transportation
for persons solicited through personal contact or advertised on a “shareexpense” basis.
When goods or passengers are transported for compensation in a motor vehicle outside a
municipal corporation of this state, or when goods are transported in a motor vehicle not
owned by the person owning the goods, such transportation is “for hire.” The carriage of
goods and other personal property in a motor vehicle by a corporation or association for
its stockholders, shareholders, and members, cooperative or otherwise, is transportation
“for hire.”
The following are not included in the term “forhire vehicle”: a motor vehicle used
for transporting school children to and from school under contract with school officials; a
hearse or ambulance when operated by a licensed embalmer or mortician or his or her
agent or employee in this state; a motor vehicle used in the transportation of agricultural
or horticultural products or in transporting agricultural or horticultural supplies direct to
growers or the consumers of such supplies or to associations of such growers or
consumers; a motor vehicle temporarily used by a farmer for the transportation of
agricultural or horticultural products from any farm or grove to a packinghouse or to a
point of shipment by a transportation company; or a motor vehicle not exceeding 1 ½
tons under contract with the Government of the United States to carry United States mail,
provided such vehicle is not used for commercial purposes.
“Road” means the entire width between the boundary lines of every way or place of
whatever nature when any part thereof is open to the use of the public for purposes of
vehicular traffic.
“Brake horsepower” means the actual unit of torque developed per unit of time at the
output shaft of an engine, as
measured by a dynamometer.
“Department” means the Department of Highway Safety and Motor Vehicles.
(a) “Registration period” means a period of 12 months or 24 months during which a
motor vehicle or mobile home registration is valid.
“Extended registration period” means a period of 24 months during which a motor
vehicle or mobile home registration is valid.
(20) “Marine boat trailer dealer” means any person engaged in:
The business of buying, selling, manufacturing, or dealing in trailers specifically
designed to be drawn by another vehicle and used for the transportation on land of
vessels, as defined in s. 327.02; or
The offering or displaying of such trailers for sale.
“Renewal period” means the period during which renewal of a motor vehicle
registration or mobile home registration is required, as provided in s. 320.055.
“Golf cart” means a motor vehicle that is designed and manufactured for operation
on a golf course for sporting or recreational purposes and that is not capable of exceeding
speeds of 20 miles per hour.
“International Registration Plan” means a registration reciprocity agreement among
states of the United States and provinces of Canada providing for payment of license fees
on the basis of fleet miles operated in various jurisdictions.
“Apportionable vehicle” means any vehicle, except recreational vehicles, vehicles
displaying restricted plates, city pickup and delivery vehicles, buses used in
transportation of chartered parties, and governmentowned vehicles, which is used or
intended for use in two or more member jurisdictions that allocate or proportionally
register vehicles and which is used for the transportation of persons for hire or is
designed, used, or maintained primarily for the transportation of property and:
Is a power unit having a gross vehicle weight in excess of 26,000 pounds;
Is a power unit having three or more axles, regardless of weight; or
Is used in combination, when the weight of such combination exceeds 26,000 pounds
gross vehicle weight.
Vehicles, or combinations thereof, having a gross vehicle weight of 26,000 pounds or
less and twoaxle vehicles may be proportionally registered.
“Commercial motor vehicle” means any vehicle which is not owned or operated by a
governmental entity, which uses special fuel or motor fuel on the public highways, and
which has a gross vehicle weight of 26,001 pounds or more, or has three or more axles
regardless of weight, or is used in combination when the weight of such combination
exceeds 26,001 pounds gross vehicle weight. A vehicle that occasionally transports
personal property to and from a closedcourse motorsport facility, as defined in s.
549.09(1)(a), is not a commercial motor vehicle if the use is not for profit and corporate
sponsorship is not involved. As used in this subsection, the term “corporate sponsorship”
means a payment, donation, gratuity, inkind service, or other benefit provided to or
derived by a person in relation to the underlying activity, other than the display of
product or corporate names, logos, or other graphic information on the property being
transported.
“Motorcycle” means any motor vehicle having a seat or saddle for the use of the rider
and designed to travel on not more than three wheels in contact with the ground,
excluding a vehicle in which the operator is enclosed by a cabin unless it meets the
requirements set forth by the National Highway Traffic Safety Administration for a
motorcycle. The term “motorcycle” does not include a tractor or a moped.
“Moped” means any vehicle with pedals to permit propulsion by human power,
having a seat or saddle for the use of the rider and designed to travel on not more than
three wheels, with a motor rated not in excess of 2 brake horsepower and not capable of
propelling the vehicle at a speed greater than 30 miles per hour on level ground, and with
a powerdrive system that functions directly or automatically without clutching or
shifting gears by the operator after the drive system is engaged. If an internal combustion
engine is used, the displacement may not exceed 50 cubic centimeters.
“Interstate” means vehicle movement between or through two or more states.
“Intrastate” means vehicle movement from one point within a state to another point
within the same state.
“Person” means and includes natural persons, corporations, copartnerships, firms,
companies, agencies, or
associations, singular or plural.
“Registrant” means a person in whose name or names a vehicle is properly
registered.
“Motor carrier” means any person owning, controlling, operating, or managing any
motor vehicle used to transport persons or property over any public highway.
“Motorized disability access vehicle” means a vehicle designed primarily for
handicapped individuals with normal upper body abilities and designed to be fueled by
gasoline, travel on not more than three wheels, with a motor rated not in excess of 2
brake horsepower and not capable of propelling the vehicle at a speed greater than 30
miles per hour on level ground, and with a powerdrive system that functions directly or
automatically without clutching or shifting gears by the operator after the drive system is
engaged. If an internal combustion engine is used, the displacement may not exceed 50
cubic centimeters.
“Resident” means a person who has his or her principal place of domicile in this state
for a period of more than 6 consecutive months, who has registered to vote in this state,
who has made a statement of domicile pursuant to s. 222.17, or who has filed for
homestead tax exemption on property in this state.
“Nonresident” means a person who is not a resident.
“Electric vehicle” means a motor vehicle that is powered by an electric motor that
draws current from rechargeable storage batteries, fuel cells, or other sources of electrical
current.
“Disabled motor vehicle” means any motor vehicle as defined in subsection (1)
which is not operable under its own
motive power, excluding a nondisabled trailer or semitrailer, or any motor vehicle that is
unsafe for operation upon the highways of this state.
“Replacement motor vehicle” means any motor vehicle as defined in subsection (1)
under tow by a wrecker to the location of a disabled motor vehicle for the purpose of
replacing the disabled motor vehicle, thereby permitting the transfer of the disabled
motor vehicle’s operator, passengers, and load to an operable motor vehicle.
“Wrecker” means any motor vehicle that is used to tow, carry, or otherwise transport
motor vehicles and that is equipped for that purpose with a boom, winch, car carrier, or
other similar equipment.
“Tow” means to pull or draw any motor vehicle with a power unit by means of a
direct attachment, drawbar, or other connection or to carry a motor vehicle on a power
unit designed to transport such vehicle from one location to another.
“Lowspeed vehicle” means any fourwheeled vehicle whose top speed is greater
than 20 miles per hour but not greater than 25 miles per hour, including, but not limited
to, neighborhood electric vehicles. Lowspeed vehicles must comply with the safety
standards in 49 C.F.R. s. 571.500 and s. 316.2122.
“Utility vehicle” means a motor vehicle designed and manufactured for general
maintenance, security, and landscaping purposes, but the term does not include any
vehicle designed or used primarily for the transportation of persons or property on a street
or highway, or a golf cart, or an allterrain vehicle as defined in s. 316.2074.
For purposes of this chapter, the term “agricultural products” means any food
product; any agricultural, horticultural, or livestock product; any raw material used in
plant food formulation; and any plant food used to produce food and fiber.
“Mini truck” means any fourwheeled, reduceddimension truck that does not have a
National Highway Traffic Safety Administration truck classification, with a top speed of
55 miles per hour, and which is equipped with headlamps, stop lamps, turn signal lamps,
taillamps, reflex reflectors, parking brakes, rearview mirrors, windshields, and seat belts.
“Swamp buggy” means a motorized offroad vehicle that is designed or modified to
travel over swampy or varied terrain and that may use large tires or tracks operated from
an elevated platform. The term does not include any vehicle defined in chapter 261 or
otherwise defined or classified in this chapter.
320.0605. Certificate of registration; possession required; exception.
The registration certificate or an official copy thereof, a true copy of rental or lease
documentation issued for a motor vehicle or issued for a replacement vehicle in the same
registration period, a temporary receipt printed upon selfinitiated electronic renewal of a
registration via the Internet, or a cab card issued for a vehicle registered under the
International Registration Plan shall, at all times while the vehicle is being used or
operated on the roads of this state, be in the possession of the operator thereof or be
carried in the vehicle for which issued and shall be exhibited upon demand of any
authorized law enforcement officer or any agent of the department, except for a vehicle
registered under s.
320.0657. The provisions of this section do not apply during the first 30 days after
purchase of a replacement vehicle. A violation of this section is a noncriminal traffic
infraction, punishable as a nonmoving violation as provided in chapter 318.
Rental or lease documentation that is sufficient to satisfy the requirement in
subsection (1) includes the following:
Date of rental and time of exit from rental facility;
Rental station identification;
Rental agreement number;
Rental vehicle identification number;
Rental vehicle license plate number and state of registration;
Vehicle’s make, model, and color;
Vehicle’s mileage; and
Authorized renter’s name.
320.0607. Replacement license plates, validation decal, or mobile home
sticker.
Any law enforcement officer or department license and registration inspector may at
any time inspect a license plate or validation decal for proper display and legibility as
prescribed by chapter 316. A damaged or defaced plate or decal may be required to be
replaced.
When a license plate, mobile home sticker, or validation decal has been lost, stolen,
or destroyed, the owner of the motor vehicle or mobile home for which the plate, sticker,
or decal was
issued shall make application to the department for a replacement. The application shall
contain the plate, sticker, or decal number being replaced and a statement that the item
was lost, stolen, or destroyed. If the application includes a copy of the police report
prepared in response to a report of a stolen plate, sticker, or decal, such plate, sticker, or
decal must be replaced at no charge.
Except as provided in subsection (2), upon filing of an application accompanied by a
fee of $28 plus applicable service charges, the department shall issue a replacement plate,
sticker, or decal, as applicable, if it is satisfied that the information reported in the
application is true. The replacement fee shall be deposited into the Highway Safety
Operating Trust Fund.
Any license plate, sticker, or decal lost in the mail may be replaced at no charge.
Neither the service charge nor the replacement fee shall be applied to this replacement.
However, the application for a replacement shall contain a statement of such fact, the
audit number of the lost item, and the date issued.
Upon the issuance of an original license plate, the applicant shall pay a fee of $28 to
be deposited in the Highway Safety Operating Trust Fund.
All funds derived from the sale of temporary tags under the provisions of s. 320.131
shall be deposited in the Highway Safety Operating Trust Fund.
320.061. Unlawful to alter motor vehicle registration certificates, license
plates, temporary license plates, mobile home stickers, or validation stickers
or to obscure license plates; penalty.
A person may not alter the original appearance of a vehicle registration certificate,
license plate, temporary license plate, mobile home sticker, or validation sticker issued
for and assigned to a motor vehicle or mobile home, whether by mutilation, alteration,
defacement, or change of color or in any other manner. A person may not apply or attach
a substance, reflective matter, illuminated device, spray, coating, covering, or other
material onto or around any license plate which interferes with the legibility, angular
visibility, or detectability of any feature or detail on the license plate or interferes with the
ability to record any feature or detail on the license plate. A person who violates this
section commits a noncriminal traffic infraction, punishable as a moving violation as
provided in chapter 318.
320.07. Expiration of registration; renewal required; penalties.
The registration of a motor vehicle or mobile home expires at midnight on the last
day of the registration or extended registration period, or for a motor vehicle or mobile
home owner who is a natural person, at midnight on the owner’s birthday. A vehicle may
not be operated on the roads of this state after expiration of the renewal period, or, for a
natural person, at midnight on the owner’s birthday, unless the registration has been
renewed according to law.
Registration shall be renewed semiannually, annually, or biennially, as provided in
this subsection, during the applicable renewal period, upon payment of the applicable
license tax amounts required by s. 320.08, service charges required by s. 320.04, and any
additional fees required by law.
Any person who owns a motor vehicle registered under s. 320.08(4), (6)(b), or (13)
may register semiannually as provided in s. 320.0705.
Any person who owns a motor vehicle or mobile home registered under s. 320.08(1),
(2), (3), (4)(a) or (b), (6), (7), (8),
(9), (10), or (11) may renew the vehicle registration biennially during the applicable
renewal period upon payment of the 2year cumulative total of all applicable license tax
amounts required by s. 320.08 and service charges or surcharges required by ss. 320.03,
320.04, 320.0801, 320.08015, 320.0802, 320.0804,
320.0805, 320.08046, and 320.08056 and payment of the 2year cumulative total of any
additional fees required by law for an annual registration.
The operation of any motor vehicle without having attached thereto a registration
license plate and validation stickers, or the use of any mobile home without having
attached thereto a mobile home sticker, for the current registration period shall subject the
owner thereof, if he or she is present, or, if the owner is not present, the operator thereof
to the following penalty provisions:
Any person whose motor vehicle or mobile home registration has been expired for a
period of 6 months or less commits a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318. However, a law enforcement officer
may not issue a citation for a violation under this paragraph until midnight on the last day
of the owner’s birth month of the year the registration expires.
Any person whose motor vehicle or mobile home registration has been expired for
more than 6 months, upon a first
offense, is subject to the penalty provided in s. 318.14.
Any person whose motor vehicle or mobile home registration has been expired for
more than 6 months, upon a second or subsequent offense, commits a misdemeanor of the
second degree, punishable as provided in s. 775.082 or s. 775.083.
However, an operator shall not be charged with a violation of this subsection if the
operator can show, pursuant to a valid lease agreement, that the vehicle had been leased
for a period of 30 days or less at the time of the offense.
Any servicemember, as defined in s. 250.01, whose mobile home registration expired
while he or she was serving on active duty or state active duty shall not be charged with a
violation of this subsection if, at the time of the offense, the servicemember was serving
on active duty or state active duty 35 miles or more from the mobile home. The
servicemember must present to the department either a copy of the official military orders
or a written verification signed by the servicemember’s commanding officer to receive a
waiver of charges.
The owner of a leased motor vehicle is not responsible for any penalty specified in
this subsection if the motor vehicle is registered in the name of the lessee of the motor
vehicle.
(a) In addition to a penalty provided in subsection (3), a delinquent fee based on the
following schedule of license taxes shall be imposed on any applicant who fails to renew
a registration prior to the end of the month in which renewal registration is due. The
delinquent fee shall be applied beginning on the 11th calendar day of the month
succeeding the renewal period. The delinquent fee does not apply to those vehicles that
have not been required to be registered during the preceding registration period or as
provided in s. 320.18(2). The delinquent fee shall be imposed as follows:
License tax of $5 but not more than $25: $5 flat.
License tax over $25 but not more than $50: $10 flat.
License tax over $50 but not more than $100: $15 flat.
License tax over $100 but not more than $400: $50 flat.
License tax over $400 but not more than $600: $100 flat.
License tax over $600 and up: $250 flat.
A person who has been assessed a penalty pursuant to s. 316.545(2)(b) for failure to
have a valid vehicle registration certificate is not subject to the delinquent fee authorized
by this subsection if such person obtains a valid registration certificate within 10 working
days after such penalty was assessed. The official receipt authorized by s. 316.545(6)
constitutes proof of payment of the penalty authorized in s. 316.545(2)(b).
The owner of a leased motor vehicle is not responsible for any delinquent fee
specified in this subsection if the motor vehicle is registered in the name of the lessee of
the motor vehicle.
Any servicemember, as defined in s. 250.01, whose motor vehicle or mobile home
registration has expired while he or she was serving on active duty or state active duty
may renew his or her registration upon return from active duty or state active duty
without penalty, if the servicemember served on active duty or state active duty 35 miles
or more from the servicemember’s home of record prior to entering active duty or state
active duty.
The servicemember must provide to the department either a copy of the official military
orders or a written verification signed by the servicemember’s commanding officer to
receive a waiver of delinquent fees.
Delinquent fees imposed under this section are not apportionable under the
International Registration Plan.
320.0706. Display of license plates on trucks.
The owner of any commercial truck of gross vehicle weight of 26,001 pounds or
more shall display the registration license plate on both the front and rear of the truck in
conformance with all the requirements of s. 316.605 that do not conflict with this section.
The owner of a dump truck may place the rear license plate on the gate no higher than 60
inches to allow for better visibility. However, the owner of a truck tractor shall be
required to display the registration license plate only on the front of such vehicle. A
violation of this section is a noncriminal traffic infraction, punishable as a moving
violation as provided in chapter 318.
320.0803. Moped license plates.
Any other provision of law to the contrary notwithstanding, registration and payment
of license taxes in accordance with these requirements and for the purposes stated herein
shall in no way be construed as placing any requirements upon mopeds other than the
requirements of registration and payment of license taxes.
Each request for a license plate for a moped shall be submitted to the department or
its agent on an application form supplied by the department, accompanied by the license
tax
required in s. 320.08.
The license plate for a moped shall be 4 inches wide by 7 inches long.
A license plate for a moped shall be of the same material as license plates issued
pursuant to s. 320.06; however, the word “Florida” shall be stamped across the top of the
plate in small letters.
320.0848. Persons who have disabilities; issuance of disabled parking
permits; temporary permits; permits for certain providers of transportation
services to persons who have disabilities.
(a) The Department of Highway Safety and Motor Vehicles or its authorized agents
shall, upon application and receipt of the fee, issue a disabled parking permit for a period
of up to 4 years, which period ends on the applicant’s birthday, to any person who has
longterm mobility impairment, or a temporary disabled parking permit not to exceed 6
months to any person who has a temporary mobility impairment. No person will be
required to pay a fee for a parking permit for disabled persons more than once in a 12
month period from the date of the prior fee payment.
1. The person must be currently certified as being legally blind or as having any of
the following disabilities that render him or her unable to walk 200 feet without stopping
to rest:
a. Inability to walk without the use of or assistance from a brace, cane, crutch,
prosthetic device, or other assistive device, or without the assistance of another person. If
the assistive device significantly restores the person’s ability to walk to the extent that
the person can walk without severe limitation, the person is not eligible for the exemption
parking permit.
b. The need to permanently use a wheelchair.
c. Restriction by lung disease to the extent that the person’s forced (respiratory)
expiratory volume for 1 second, when measured by spirometry, is less than 1 liter, or the
person’s arterial oxygen is less than 60 mm/hg on room air at rest.
d. Use of portable oxygen.
The disability of the applicant; the certifying practitioner’s name and address; the
practitioner’s certification number; the eligibility criteria for the permit; the penalty for
falsification by either the certifying practitioner or the applicant; the duration of the
condition that entitles the person to the permit; and justification for the additional placard
pursuant to subsection (2).
The statement, in bold letters: “A disabled parking permit may be issued only for a
medical necessity that severely affects mobility.”
The signatures of:
a. The applicant’s physician or other certifying practitioner.
b. The applicant or the applicant’s parent or guardian.
c. The employee of the department’s authorized agent which employee is processing
the application.
The department shall renew the disabled parking permit of any person certified as
permanently disabled on the application if the person provides a certificate of disability
issued within the last 12 months pursuant to this subsection. A veteran who has been
previously evaluated and certified by the United States Department of Veterans Affairs or
any branch of the United States Armed Forces as permanently and totally disabled from a
serviceconnected disability may provide a United States Department of Veterans Affairs
Form Letter 27333, or its equivalent, issued within the last 12 months in lieu of a
certificate of disability.
The Department of Highway Safety and Motor Vehicles
shall, in consultation with the Commission for the Transportation Disadvantaged, adopt
rules, in accordance with chapter 120, for the issuance of a disabled parking permit to any
organization that can adequately demonstrate a bona fide need for such a permit because
the organization provides regular transportation services to persons who have disabilities
and are certified as provided in this subsection.
DISABLED PARKING PERMIT; PERSONS WITH LONGTERM MOBILITY
PROBLEMS.—
The disabled parking permit is a placard that can be placed in a motor vehicle so as to
be visible from the front and rear of the vehicle. Each side of the placard must have the
international symbol of accessibility in a contrasting color in the center so as to be
visible. One side of the placard must display the applicant’s driver license number or
state identification card number along with a warning that the applicant must have such
identification at all times while using the parking permit. In those cases where the
severity of the disability prevents a disabled person from physically visiting or being
transported to a driver license or tax collector office to obtain a driver license or
identification card, a certifying physician may sign the exemption section of the
department’s parking permit application to exempt the disabled person from being issued
a driver license or identification card for the number to be displayed on the parking
permit. A validation sticker must also be issued with each disabled parking permit,
showing the month and year of expiration on each side of the placard. Validation stickers
must be of the size specified by the Department of Highway Safety and Motor Vehicles
and must be affixed to the disabled parking permits. The disabled parking
permits must use the same colors as license plate validations.
License plates issued under ss. 320.084, 320.0842, 320.0843, and 320.0845 are valid
for the same parking privileges and other privileges provided under ss. 316.1955,
316.1964, and 526.141(5)(a).
The department shall not issue an additional disabled parking permit unless the
applicant states that he or she is a frequent traveler or a quadriplegic. The department
may not issue to any one eligible applicant more than two disabled parking permits
except to an organization in accordance with paragraph
(1)(e). Subsections (1), (5), (6), and (7) apply to this subsection.
To obtain a replacement for a disabled parking permit that has been lost or stolen, a
person must submit an application on a form prescribed by the department, provide a
certificate of disability issued within the last 12 months pursuant to subsection
(1), and pay a replacement fee in the amount of $1, to be retained by the issuing agency.
If the person submits with the application a police report documenting that the permit was
stolen, there is no replacement fee. A veteran who has been previously evaluated and
certified by the United States Department of Veterans Affairs or any branch of the United
States Armed Forces as permanently and totally disabled from a serviceconnected
disability may provide a United States Department of Veterans Affairs Form Letter 27
333, or its equivalent, issued within the last 12 months in lieu of a certificate of disability.
A person who qualifies for a disabled parking permit under this section may be
issued an international wheelchair user symbol license plate under s. 320.0843 in lieu of
the disabled
parking permit; or, if the person qualifies for a “DV” license plate under s. 320.084, such
a license plate may be issued to him or her in lieu of a disabled parking permit.
(3) DISABLED PARKING PERMIT; TEMPORARY.—
The temporary disabled parking permit is a placard of a different color from the color
of the longterm disabled parking permit placard, and must clearly display the date of
expiration in large print and with color coding, but is identical to the longterm disabled
parking permit placard in all other respects, including, but not limited to, the inclusion of
a state identification card number or driver license number on one side of the temporary
permit. The temporary disabled parking permit placard must be designed to
conspicuously display the expiration date of the permit on the front and back of the
placard.
The department shall issue the temporary disabled parking permit for the period of
the disability as stated by the certifying physician, but not to exceed 6 months.
The fee for a temporary disabled parking permit is $15.
From the proceeds of the temporary disabled parking permit
fees:
The Department of Highway Safety and Motor Vehicles must receive $3.50 for each
temporary permit, to be deposited into the Highway Safety Operating Trust Fund and
used for implementing the realtime disabled parking permit database and for
administering the disabled parking permit program.
The tax collector, for processing, must receive $2.50 for each temporary permit.
(c) The remainder must be distributed monthly as follows:
320.105. Golf carts and utility vehicles; exemption.
Golf carts and utility vehicles, as defined in s. 320.01, when operated in accordance
with s. 316.212 or s. 316.2126, are exempt from provisions of this chapter which require
the registration of vehicles or the display of license plates.
320.131. Temporary tags.
The department is authorized and empowered to design, issue, and regulate the use of
temporary tags to be designated “temporary tags” for use in the following cases:
Where a dealer license plate may not be lawfully used.
For a casual or private sale, including the sale of a marine boat trailer by a marine
boat trailer dealer. A “casual or private sale” means any sale other than that by a licensed
dealer.
For certified common carriers or driveaway companies who transport motor vehicles,
mobile homes, or recreational vehicles from one place to another for persons other than
themselves.
For banks, credit unions, and other financial institutions which are not required to be
licensed under the provisions of s. 320.27, s. 320.77, or s. 320.771, but need temporary
tags for the purpose of demonstrating repossessions for sale.
Where a motor vehicle is sold in this state to a resident of another state for
registration therein and the motor vehicle is not required to be registered under the
provisions of s. 320.38.
Where a motor vehicle is required to be weighed or emission tested prior to
registration or have a vehicle identification number verified. A temporary tag issued for
any of these purposes shall be valid for 10 days.
Where an outofstate resident, subject to registration in this state, must secure
ownership documentation from the home state.
For a rental car company which possesses a motor vehicle dealer license and which
may use temporary tags on vehicles offered for lease by such company in accordance
with the provisions of rules established by the department. However, the original issuance
date of a temporary tag shall be the date which determines the applicable license plate
fee.
In the resolution of a consumer complaint where there is a need to issue more than
two temporary tags, the department may do so.
While a personalized prestige or specialty license plate is being manufactured for use
upon the motor vehicle. A temporary tag issued for this purpose shall be valid for 90
days.
In any case where a permanent license plate cannot legally be issued to an applicant
and a temporary license plate is not specifically authorized under the provisions of this
section, the department shall have the discretion to issue or authorize agents or Florida
licensed dealers to issue temporary license plates to applicants demonstrating a need for
such temporary use.
For use by licensed dealers to transport motor vehicles and recreational vehicles from
the dealer’s licensed location to an offpremise sales location and return. Temporary tags
used for such
purposes shall be issued to the licensed dealer who owns the vehicles.
Further, the department is authorized to disallow the purchase of temporary tags by
licensed dealers, common carriers, or financial institutions in those cases where abuse has
occurred.
The department is authorized to sell temporary tags, in addition to those listed above,
to their agents and where need is demonstrated by a consumer complainant. The fee shall
be $2 each. One dollar from each tag sold shall be deposited into the Brain and Spinal
Cord Injury Program Trust Fund, with the remaining proceeds being deposited into the
Highway Safety Operating Trust Fund. Agents of the department shall sell temporary
tags for $2 each and shall charge the service charge authorized by s. 320.04 per
transaction, regardless of the quantity sold. Requests for purchase of temporary tags to
the department or its agents shall be made, where applicable, on letterhead stationery and
notarized. Except as specifically provided otherwise, a temporary tag shall be valid for 30
days, and no more than two shall be issued to the same person for the same vehicle.
Any person or corporation who unlawfully issues or uses a temporary tag or violates
this section or any rule adopted by the department to implement this section commits a
noncriminal infraction, punishable as a moving violation as provided in chapter 318 in
addition to other administrative action by the department. Using a temporary tag that has
been expired for a period of 7 days or less is a noncriminal infraction, and is a nonmoving
violation punishable as provided for in chapter 318.
(a) Temporary tags shall be conspicuously displayed in the
rear license plate bracket or, on vehicles requiring front display of license plates, on the
front of the vehicle in the location where the metal license plate would normally be
displayed.
The department shall designate specifications for the media upon which the
temporary tag is printed. Such media shall be either nonpermeable or subject to
weatherproofing so that it maintains its structural integrity, including graphic and data
adhesion, in all weather conditions after being placed on a vehicle.
Any person who knowingly and willfully abuses or misuses temporary tag issuance
to avoid registering a vehicle requiring registration pursuant to this chapter or chapter 319
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s.
775.083.
Any person who knowingly and willfully issues a temporary tag or causes another to
issue a temporary tag to a fictitious person or entity to avoid disclosure of the true owner
of a vehicle commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Any person authorized by this section to purchase and issue a temporary tag shall
maintain records as required by this chapter or departmental rules, and such records shall
be open to inspection by the department or its agents during reasonable business hours.
Any person who knowingly and willfully fails to comply with this subsection commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
The department shall administer an electronic system for licensed motor vehicle
dealers to use for issuing temporary tags.
If a dealer fails to comply with the department’s requirements for issuing temporary tags
using the electronic system, the department may deny, suspend, or revoke a license under
s. 320.27(9)(b)16. upon proof that the licensee has failed to comply with the department’s
requirements. The department may adopt rules to administer this section.
(a) The department shall implement a secure printondemand electronic temporary
tag registration, record retention, and issue system required for use by every department
authorized issuer of temporary tags by the end of the 20072008 fiscal year. Such system
shall enable the department to issue, on demand, a temporary tag number in response to a
request from the issuer by way of a secure electronic exchange of data and then enable
the issuer to print the temporary tag that has all required information. A motor vehicle
dealer licensed under this chapter may charge a fee to comply with this subsection.
To ensure the continuation of operations for issuers if a system outage occurs, the
department shall allow the limited use of a backup manual issuance method during an
outage which requires recordkeeping of information as determined by the department and
which requires the timely electronic reporting of this information to the department.
The department may adopt rules necessary to administer this subsection. Such rules
may include exemptions from the requirements of this subsection as feasibly required to
administer the program, as well as exemptions for issuers who do not require a dealer
license under this chapter because of the type or size of vehicle being sold.
320.1325. Registration required for the temporarily employed.
Motor vehicles owned or leased by persons who are temporarily employed within the
state but are not residents are required to be registered. Upon payment of the fees
prescribed in this section and proof of insurance coverage as required by the applicant’s
resident state, the department shall provide a temporary registration plate and a
registration certificate valid for 90 days to an applicant who is temporarily employed in
this state. The temporary registration plate may be renewed one time for an additional 90
day period. At the end of the 180day period of temporary registration, the applicant shall
apply for a permanent registration if there is a further need to remain in this state. A
temporary license registration plate may not be issued for any commercial motor vehicle
as defined in s. 320.01. The fee for the 90day temporary registration plate shall be $40
plus the applicable service charge required by s. 320.04. Subsequent permanent
registration and titling of a vehicle registered hereunder shall subject the applicant to
providing proof of Florida insurance coverage as specified in s. 320.02 and payment of
the fees required by s. 320.072, in addition to all other taxes and fees required.
320.26. Counterfeiting license plates, validation stickers, mobile home
stickers, cab cards, trip permits, or special temporary operational permits
prohibited; penalty.
(a) No person shall counterfeit registration license plates, validation stickers, or
mobile home stickers, or have in his or her possession any such plates or stickers; nor
shall any person
manufacture, sell, or dispose of registration license plates, validation stickers, or mobile
home stickers in the state without first having obtained the permission and authority of
the department in writing.
No person shall counterfeit, alter, or manufacture International Registration Plan cab
cards, trip permits, special temporary permits, or temporary operational permits; nor shall
any person sell or dispose of International Registration Plan cab cards, trip permits,
special temporary permits, or temporary operational permits without first having obtained
the permission and authority of the department in writing.
Any person who violates this section is guilty of a felony of the third degree.
If the violator is a natural person, he or she is punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
If the violator is an association or corporation, it is punishable as provided in s.
775.083, and the official of the association or corporation under whose direction or with
whose knowledge, consent, or acquiescence such violation occurred may be punished as
provided in s. 775.082, in addition to the fine which may be imposed upon such
association or corporation.
320.37. Registration not to apply to nonresidents.
The provisions of this chapter relative to the requirement for registration of motor
vehicles and display of license number plates do not apply to a motor vehicle owned by a
nonresident of this state if the owner thereof has complied with the provisions of the
motor vehicle registration or licensing law of the foreign
country, state, territory, or federal district of the owner’s residence and conspicuously
displays his or her registration number as required thereby.
The exemption granted by this section does not apply to:
(a) A foreign corporation doing business in this state;
Motor vehicles operated for hire, including any motor vehicle used in transporting
agricultural or horticultural products or supplies if such vehicle otherwise meets the
definition of a “forhire vehicle”;
Recreational vehicles or mobile homes located in this state for at least 6 consecutive
months; or
Commercial vehicles as defined in s. 316.003.
320.371. Registration not to apply to certain manufacturers and others.
The provisions of this chapter which relate to registration and display of license
number plates do not apply to any new automobile or truck, the equitable or legal title to
which is vested in a manufacturer, distributor, importer, or exporter and which has never
been transferred to an ultimate purchaser, if the vehicle is in the care, custody, and
control of a vehicle servicing, processing, and handling agency or organization for the
performance of such services and the export of such vehicle from the state or its
distribution in the state, provided such agency or organization conspicuously displays on
the vehicle its name and address on a temporary 5inch by 12inch sign that includes the
legend “has custody of this vehicle.” Nothing in this section may be construed
to relieve such vehicle servicing, processing, and handling agency or organization which
has such custody and control of such vehicle from complying with and abiding by all
other applicable laws, rules, and regulations relating to safety of operation of motor
vehicles and the preservation of the highways of this state.
320.38. When nonresident exemption not allowed.
320.57. Penalties for violations of this chapter.
Any person convicted of violating any of the provisions of this chapter is, unless
otherwise provided herein, guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
The owner of a truck tractor and semitrailer combination or commercial truck and
trailer combination, the actual gross vehicle weight of which exceeds the declared weight
for registration purposes, is required to pay to the department the difference between the
license tax amount paid and the required license tax due for the proper gross vehicle
weight prescribed by s. 320.08(4), plus a civil penalty of $50.
CHAPTER 321
HIGHWAY PATROL
321.03. Imitations prohibited; penalty.
Unless specifically authorized by the Florida Highway Patrol, a person in the state
shall not color or cause to be colored any motor vehicle or motorcycle the same or similar
color as the color or colors so prescribed for the Florida Highway Patrol. A person who
violates this section or s. 321.02 with respect to uniforms, emblems, motor vehicles and
motorcycles commits a misdemeanor of the first degree, punishable as provided in s.
775.082 or s. 775.083. The Department of Highway Safety and Motor Vehicles shall
employ such clerical help and mechanics as may be necessary for the economical and
efficient operation of such department.
CHAPTER 322
DRIVER LICENSES
322.01. Definitions.
As used in this chapter:
“Actual weight” means the weight of a motor vehicle or motor vehicle combination
plus the weight of the load carried on it, as determined at a fixed scale operated by the
state or as determined by use of a portable scale operated by a law enforcement officer.
“Alcohol” means any substance containing any form of alcohol including, but not
limited to, ethanol, methanol, propanol, and isopropanol.
“Alcohol concentration” means:
The number of grams of alcohol per 100 milliliters of blood;
The number of grams of alcohol per 210 liters of breath; or
The number of grams of alcohol per 67 milliliters of urine.
“Authorized emergency vehicle” means a vehicle that is equipped with extraordinary
audible and visual warning devices, that is authorized by s. 316.2397 to display red or
blue lights, and that is on call to respond to emergencies. The term includes, but is not
limited to, ambulances, law enforcement vehicles, fire trucks, and other rescue vehicles.
The term does not include wreckers, utility trucks, or other vehicles that are used only
incidentally for emergency purposes.
“Cancellation” means the act of declaring a driver license
void and terminated.
“Color photographic driver license” means a color photograph of a completed driver
license form meeting the requirements prescribed in s. 322.14.
“Commercial driver license” means a Class A, Class B, or Class C driver license
issued in accordance with the requirements of this chapter.
“Commercial motor vehicle” means any motor vehicle or motor vehicle combination
used on the streets or highways, which:
Has a gross vehicle weight rating of 26,001 pounds or more;
Is designed to transport more than 15 persons, including the driver; or
Is transporting hazardous materials and is required to be placarded in accordance
with 49 C.F.R. part 172, subpart F.
A vehicle that occasionally transports personal property to and from a closedcourse
motorsport facility, as defined in s. 549.09(1)(a), is not a commercial motor vehicle if the
use is not for profit and corporate sponsorship is not involved. As used in this subsection,
the term “corporate sponsorship” means a payment, donation, gratuity, inkind service, or
other benefit provided to or derived by a person in relation to the underlying activity,
other than the display of product or corporate names, logos, or other graphic information
on the property being transported.
“Controlled substance” means any substance classified as
such under 21 U.S.C. s. 802(6), Schedules IV of 21 C.F.R. part 1308
, or chapter 893.
“Convenience service” means any means whereby an individual conducts a
transaction with the department other than in person.
(a) “Conviction” means a conviction of an offense relating to the operation of motor
vehicles on highways which is a violation of this chapter or any other such law of this
state or any other state, including an admission or determination of a noncriminal traffic
infraction pursuant to s. 318.14, or a judicial disposition of an offense committed under
any federal law substantially conforming to the aforesaid state statutory provisions.
Notwithstanding any other provisions of this chapter, the definition of “conviction”
provided in 49 C.F.R. s. 383.5 applies to offenses committed in a commercial motor
vehicle or by a person holding a commercial driver license.
“Court” means any tribunal in this state or any other state, or any federal tribunal,
which has jurisdiction over any civil, criminal, traffic, or administrative action.
“Declared weight” means the maximum loaded weight declared for purposes of
registration, pursuant to chapter 320.
“Department” means the Department of Highway Safety and Motor Vehicles acting
directly or through its duly authorized representatives.
“Disqualification” means a prohibition, other than an outofservice order, that
precludes a person from driving a
commercial motor vehicle.
“Drive” means to operate or be in actual physical control of a motor vehicle in any
place open to the general public for purposes of vehicular traffic.
“Driver license” means a certificate that, subject to all other requirements of law,
authorizes an individual to drive a motor vehicle and denotes an operator’s license as
defined in 49 U.S.C. s. 30301.
“Endorsement” means a special authorization which permits a driver to drive certain
types of vehicles or to transport certain types of property or a certain number of
passengers.
“Farmer” means a person who grows agricultural products, including aquacultural,
horticultural, and forestry products, and, except as provided herein, employees of such
persons. The term does not include employees whose primary purpose of employment is
the operation of motor vehicles.
“Farm tractor” means a motor vehicle that is:
“Restriction” means a prohibition against operating certain types of motor vehicles or
a requirement that a driver comply with certain conditions when driving a motor vehicle.
“Revocation” means the termination of a licensee’s privilege to drive.
“School bus” means a motor vehicle that is designed to transport more than 15
persons, including the driver, and that is used to transport students to and from a public or
private school or in connection with school activities, but does not include a bus operated
by a common carrier in the urban transportation of school children. The term “school”
includes all preelementary, elementary, secondary, and postsecondary schools.
“State” means a state or possession of the United States, and, for the purposes of this
chapter, includes the District of Columbia.
“Street or highway” means the entire width between the boundary lines of a way or
place if any part of that way or place is open to public use for purposes of vehicular
traffic.
“Suspension” means the temporary withdrawal of a licensee’s privilege to drive a
motor vehicle.
“Tank vehicle” means a vehicle that is designed to transport any liquid or gaseous
material within a tank either permanently or temporarily attached to the vehicle, if such
tank has a designed capacity of 1,000 gallons or more.
“United States” means the 50 states and the District of
Columbia.
“Vehicle” means every device in, upon, or by which any person or property is or may
be transported or drawn upon a public highway or operated upon rails or guideway,
except a bicycle, motorized wheelchair, or motorized bicycle.
“Identification card” means a personal identification card issued by the department
which conforms to the definition in 18 U.S.C. s. 1028(d).
“Temporary driver license” or “temporary identification card” means a certificate
issued by the department which, subject to all other requirements of law, authorizes an
individual to drive a motor vehicle and denotes an operator’s license, as defined in 49
U.S.C. s. 30301, or a personal identification card issued by the department which
conforms to the definition in 18 U.S.C. s. 1028(d) and denotes that the holder is permitted
to stay for a short duration of time, as specified on the temporary identification card, and
is not a permanent resident of the United States.
“Trivehicle” means an enclosed threewheeled passenger vehicle that:
Is designed to operate with three wheels in contact with the ground;
Has a minimum unladen weight of 900 pounds;
Has a single, completely enclosed, occupant compartment;
Is produced in a minimum quantity of 300 in any calendar
year;
Is capable of a speed greater than 60 miles per hour on level
ground; and
(f) Is equipped with:
Seats that are certified by the vehicle manufacturer to meet the requirements of
Federal Motor Vehicle Safety Standard No. 207, “Seating systems” (49 C.F.R. s.
571.207);
A steering wheel used to maneuver the vehicle;
A propulsion unit located forward or aft of the enclosed occupant compartment;
A seat belt for each vehicle occupant certified to meet the requirements of Federal
Motor Vehicle Safety Standard No. 209, “Seat belt assemblies” (49 C.F.R. s. 571.209);
A windshield and an appropriate windshield wiper and washer system that are
certified by the vehicle manufacturer to meet the requirements of Federal Motor Vehicle
Safety Standard No. 205, “Glazing Materials” (49 C.F.R. s. 571.205) and Federal Motor
Vehicle Safety Standard No. 104, “Windshield Wiping and Washing Systems” (49 C.F.R.
s. 571.104); and
A vehicle structure certified by the vehicle manufacturer to meet the requirements of
Federal Motor Vehicle Safety Standard No. 216, “Rollover crush resistance” (49 C.F.R.
s. 571.216).
322.03. Drivers must be licensed; penalties.
Except as otherwise authorized in this chapter, a person may not drive any motor
vehicle upon a highway in this state unless such person has a valid driver license issued
under this chapter.
A person who drives a commercial motor vehicle may not receive a driver license unless
and until he or she surrenders to the department all driver licenses in his or her possession
issued to him or her by any other jurisdiction or makes an affidavit that he or she does not
possess a driver license. Any such person who fails to surrender such licenses commits a
noncriminal infraction, punishable as a moving violation as set forth in chapter 318. Any such
person who makes a false affidavit concerning such licenses commits a misdemeanor of the
first degree, punishable as provided in s. 775.082 or s. 775.083.
All surrendered licenses may be returned by the department to the issuing jurisdiction
together with information that the licensee is now licensed in a new jurisdiction or may be
destroyed by the department, which shall notify the issuing jurisdiction of such destruction. A
person may not have more than one valid driver license at any time.
Parttime residents of this state issued a license that is valid within this state only under
paragraph (b) as that paragraph existed before November 1, 2009, may continue to hold such
license until the next issuance of a Florida driver license or identification card. Licenses that
are identified as “Valid in Florida Only” may not be issued or renewed effective November 1,
2009. This paragraph expires June 30, 2017.
Prior to issuing a driver license, the department shall require any person who has been
convicted two or more times of a violation of s. 316.193 or of a substantially similar alcohol
related or drugrelated offense outside this state within the preceding 5 years, or who has been
convicted of three or more such offenses within the preceding 10 years, to present proof of
successful
completion of or enrollment in a departmentapproved substance abuse education course.
If the person fails to complete such education course within 90 days after issuance, the
department shall cancel the license. Further, prior to issuing the driver license the
department shall require such person to present proof of financial responsibility as
provided in s. 324.031. For the purposes of this paragraph, a previous conviction for
violation of former s. 316.028, former s. 316.1931, or former s. 860.01 shall be
considered a previous conviction for violation of s. 316.193.
(a) The department may not issue a commercial driver license to any person who is
not a resident of this state.
A resident of this state who is required by the laws of this state to possess a
commercial driver license may not operate a commercial motor vehicle in this state
unless he or she possesses a valid commercial driver license issued by this state. Except
as provided in paragraph (c), any person who violates this paragraph is guilty of a
misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Any person whose commercial driver license has been expired for a period of 30
days or less and who drives a commercial motor vehicle within this state is guilty of a
nonmoving violation, punishable as provided in s. 318.18.
A person may not operate a motorcycle unless he or she holds a driver license that
authorizes such operation, subject to the appropriate restrictions and endorsements.
It is a violation of this section for any person whose driver license has been expired
for more than 6 months to operate a motor vehicle on the highways of this state.
A person who is charged with a violation of this section, other than a violation of
paragraph (a) of subsection (1), may not be convicted if, prior to or at the time of his or
her court or hearing appearance, the person produces in court or to the clerk of the court
in which the charge is pending a driver license issued to him or her and valid at the time
of his or her arrest. The clerk of the court is authorized to dismiss such case at any time
prior to the defendant’s appearance in court. The clerk of the court may assess a fee of $5
for dismissing the case under this subsection.
322.031. Nonresident; when license required.
In each case in which a nonresident, except a nonresident migrant or seasonal farm
worker as defined in s. 316.003, accepts employment or engages in a trade, profession, or
occupation in this state or enters his or her children to be educated in the public schools
of this state, such nonresident shall, within 30 days after beginning such employment or
education, be required to obtain a Florida driver license if such nonresident operates a
motor vehicle on the highways of this state. The spouse or dependent child of such
nonresident shall also be required to obtain a Florida driver license within that 30day
period before operating a motor vehicle on the highways of this state.
A member of the United States Armed Forces on active duty in this state, his or her
spouse, or a dependent residing with him or her, is not required to obtain or display a
Florida driver license if he or she is in possession of a valid military identification card
and either a valid driver license or learner’s permit issued by another state, or a valid
military driving permit. Such a person is not required to obtain or display a Florida driver
license because he or she enters his or her children to be educated in the public schools of
this state or because he or she accepts employment or engages in a trade, profession, or
occupation in this state.
A nonresident who is domiciled in another state and who commutes into this state in
order to work is not required to obtain a Florida driver license under this section solely
because he or she has accepted employment or engages in a trade, profession, or
occupation in this state if he or she has a valid driver license issued by another state.
Further, a person who is enrolled as a student in a college or university and who is a
nonresident but is in this state for a period of up to 6 months engaged in a workstudy
program for which academic credits are earned from a college whose credits or degrees
are accepted for credit by at least three accredited institutions of higher learning, as
defined in s. 1005.02, is not required to obtain a Florida driver license for the duration of
the workstudy program if such person has a valid driver license issued by another state.
A nonresident who is enrolled as a fulltime student in such institution of higher learning
is also exempt from the requirement of obtaining a Florida driver license for the duration
of such enrollment.
A nonresident who is at least 21 years of age and who has in his or her immediate
possession a valid commercial driver license issued in substantial compliance with the
Commercial Motor Vehicle Safety Act of 1986 may operate a motor vehicle of the type
permitted by his or her license to be operated in this state.
322.032. Digital proof of driver license.
The department shall begin to review and prepare for the
development of a secure and uniform system for issuing an optional digital proof of
driver license. The department may contract with one or more private entities to develop
a digital proof of driver license system.
The digital proof of driver license developed by the department or by an entity
contracted by the department must be in such a format as to allow law enforcement to
verify the authenticity of the digital proof of driver license. The department may adopt
rules to ensure valid authentication of digital driver licenses by law enforcement.
A person may not be issued a digital proof of driver license until he or she has
satisfied all of the requirements of this chapter for issuance of a physical driver license as
provided in this chapter.
A person who:
Manufactures a false digital proof of driver license commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Possesses a false digital proof of driver license commits a misdemeanor of the second
degree, punishable as provided in s. 775.082.
322.04. Persons exempt from obtaining driver license.
(1)
The following persons are exempt from obtaining a driver license:
Any employee of the United States Government, while operating a noncommercial
motor vehicle owned by or leased to the United States Government and being operated on
official business.
Any person while driving or operating any road machine, farm tractor, or implement
of husbandry temporarily operated or moved on a highway.
A nonresident who is at least 16 years of age and who has in his or her immediate
possession a valid noncommercial driver license issued to the nonresident in his or her
home state or country operating a motor vehicle of the type for which a Class E driver
license is required in this state.
A nonresident who is at least 18 years of age and who has in his or her immediate
possession a valid noncommercial driver license issued to the nonresident in his or her
home state or country operating a motor vehicle, other than a commercial motor vehicle,
in this state.
Any person operating a golf cart, as defined in s. 320.01, which is operated in
accordance with the provisions of s. 316.212.
This section does not apply to any person to whom s. 322.031 applies.
Any person working for a firm under contract to the United States Government
whose residence is outside this state and whose main point of employment is outside this
state may drive a noncommercial vehicle on the public roads of this state for periods up
to 60 days while in this state on temporary duty, if the person has a valid driver license
from the state of the person’s
residence.
322.05. Persons not to be licensed.
The department may not issue a license:
To a person who is under the age of 16 years, except that the department may issue a
learner’s driver license to a person who is at least 15 years of age and who meets the
requirements of ss. 322.091 and 322.1615 and of any other applicable law or rule.
To a person who is at least 16 years of age but is under 18 years of age unless the
person meets the requirements of s.
322.091 and holds a valid:
Learner’s driver license for at least 12 months, with no moving traffic convictions,
before applying for a license;
Learner’s driver license for at least 12 months and who has a moving traffic
conviction but elects to attend a traffic driving school for which adjudication must be
withheld pursuant to s. 318.14; or
License that was issued in another state or in a foreign jurisdiction and that would not
be subject to suspension or revocation under the laws of this state.
To a person who is at least 16 years of age but who is under 18 years of age, unless
the parent, guardian, or other responsible adult meeting the requirements of s. 322.09
certifies that he or she, or another licensed driver 21 years of age or older, has
accompanied the applicant for a total of not less than 50 hours’ behindthewheel
experience, of which not less than 10 hours must be at night. This subsection is not
intended to create a
private cause of action as a result of the certification. The certification is inadmissible for
any purpose in any civil proceeding.
Except as provided by this subsection, to any person, as a Class A licensee, Class B
licensee, or Class C licensee, who is under the age of 18 years.
To any person whose license has been suspended, during such suspension, nor to any
person whose license has been revoked, until the expiration of the period of revocation
imposed under the provisions of this chapter.
To any person, as a commercial motor vehicle operator, whose privilege to operate a
commercial motor vehicle has been disqualified, until the expiration of the period of
disqualification.
To any person who is an habitual drunkard, or is an habitual user of narcotic drugs, or
is an habitual user of any other drug to a degree which renders him or her incapable of
safely driving a motor vehicle.
To any person who has been adjudged to be afflicted with or suffering from any
mental disability or disease and who has not at the time of application been restored to
competency by the methods provided by law.
To any person who is required by this chapter to take an examination, unless such
person shall have successfully passed such examination.
To any person, when the department has good cause to believe that the operation of a
motor vehicle on the highways by such person would be detrimental to public safety or
welfare.
Deafness alone shall not prevent the person afflicted from being issued a Class E driver
license.
(11) To any person who is ineligible under s. 322.056.
322.051. Identification cards.
unexpired United States passport;
d. A naturalization certificate issued by the United States Department of Homeland
Security;
e. A valid, unexpired alien registration receipt card (green card);
f. A Consular Report of Birth Abroad provided by the United States Department of
State;
g. An unexpired employment authorization card issued by the United States
Department of Homeland Security; or
h. Proof of nonimmigrant classification provided by the United States Department of
Homeland Security, for an original identification card. In order to prove nonimmigrant
classification, an applicant must provide at least one of the following documents. In
addition, the department may require applicants to produce United States Department of
Homeland Security documents for the sole purpose of establishing the maintenance of, or
efforts to maintain, continuous lawful presence:
I. A notice of hearing from an immigration court scheduling a hearing on any
proceeding.
A notice from the Board of Immigration Appeals acknowledging pendency of an
appeal.
A notice of the approval of an application for adjustment of status issued by the
United States Citizenship and Immigration Services.
IV. An official documentation confirming the filing of a petition for asylum or
refugee status or any other relief issued by the United States Citizenship and Immigration
Services.
V. A notice of action transferring any pending matter from another jurisdiction to
Florida, issued by the United States Citizenship and Immigration Services.
VI. An order of an immigration judge or immigration officer granting relief that
authorizes the alien to live and work in the United States, including, but not limited to,
asylum.
VII. Evidence that an application is pending for adjustment of status to that of an
alien lawfully admitted for permanent residence in the United States or conditional
permanent resident status in the United States, if a visa number is available having a
current priority date for processing by the United States Citizenship and Immigration
Services.
VIII. On or after January 1, 2010, an unexpired foreign passport with an unexpired
United States Visa affixed, accompanied by an approved I94, documenting the most
recent admittance into the United States.
An identification card issued based on documents required in subsubparagraph g. or
subsubparagraph h. is valid for a period not to exceed the expiration date of the
document presented or 1 year, whichever occurs first.
An application for an identification card must be signed and verified by the applicant
in a format designated by the department before a person authorized to administer oaths
and payment of the applicable fee pursuant to s. 322.21.
Each such applicant may include fingerprints and any other unique biometric means
of identity.
(2) (a) Every identification card:
Issued to a person 5 years of age to 14 years of age shall expire, unless canceled
earlier, on the fourth birthday of the applicant following the date of original issue.
Issued to a person 15 years of age and older shall expire, unless canceled earlier, on
the eighth birthday of the applicant following the date of original issue.
Renewal of an identification card shall be made for the applicable term enumerated
in this paragraph. Any application for renewal received later than 90 days after expiration
of the identification card shall be considered the same as an application for an original
identification card.
Notwithstanding any other provision of this chapter, if an applicant establishes his or
her identity for an identification card using a document authorized under sub
subparagraph (1)(a)3.e., the identification card shall expire on the eighth birthday of the
applicant following the date of original issue or upon first renewal or duplicate issued
after implementation of this section. After an initial showing of such documentation, he
or she is exempted from having to renew or obtain a duplicate in person.
Notwithstanding any other provisions of this chapter, if an applicant establishes his
or her identity for an identification card using an identification document authorized
under subsubparagraph (1)(a)3.g. or subsubparagraph (1)(a)3.h., the identification card
shall expire 1 year after the date of issuance or upon the expiration date cited on the
United States Department of Homeland Security documents, whichever date first occurs,
and may not be renewed or obtain a duplicate except in person.
If an identification card issued under this section is lost,
destroyed, or mutilated or a new name is acquired, the person to whom it was issued may
obtain a duplicate upon furnishing satisfactory proof of such fact to the department and
upon payment of a fee as provided in s. 322.21. The fee must include payment for the
color photograph or digital image of the applicant. Any person who loses an
identification card and who, after obtaining a duplicate, finds the original card shall
immediately surrender the original card to the department. The same documentary
evidence shall be furnished for a duplicate as for an original identification card.
When used with reference to identification cards, “cancellation” means that an
identification card is terminated without prejudice and must be surrendered. Cancellation
of the card may be made when a card has been issued through error or when voluntarily
surrendered to the department.
No public entity shall be liable for any loss or injury resulting directly or indirectly
from false or inaccurate information contained in identification cards provided for in this
section.
It is unlawful for any person:
To display, cause or permit to be displayed, or have in his or her possession any
fictitious, fraudulently altered, or fraudulently obtained identification card.
To lend his or her identification card to any other person or knowingly permit the use
thereof by another.
To display or represent any identification card not issued to him or her as being his or
her card.
To permit any unlawful use of an identification card issued to him or her.
To do any act forbidden, or fail to perform any act required, by this section.
To photograph, photostat, duplicate, or in any way reproduce any identification card or
facsimile thereof in such a manner that it could be mistaken for a valid identification card, or
to display or have in his or her possession any such photograph, photostat, duplicate,
reproduction, or facsimile unless authorized by the provisions of this section.
Any person accepting the Florida driver license as proof of identification must accept a
Florida identification card as proof of identification when the bearer of the identification card
does not also have a driver license.
(a) The department shall, upon receipt of the required fee, issue to each qualified
applicant for an identification card a color photographic or digital image identification card
bearing a fullface photograph or digital image of the identification cardholder.
Notwithstanding chapter 761 or s. 761.05, the requirement for a fullface photograph or digital
image of the identification cardholder may not be waived. A space shall be provided upon
which the identification cardholder shall affix his or her usual signature, as required in s.
322.14, in the presence of an authorized agent of the department so as to ensure that such
signature becomes a part of the identification card.
The word “Veteran” shall be exhibited on the identification card of a veteran upon the
payment of an additional $1 fee for the identification card and the presentation of a copy of
the person’s
Form 214, issued by the United States Department of Defense, or another acceptable
form specified by the Department of Veterans’ Affairs. Until a veteran’s identification
card is next renewed, the veteran may have the word “Veteran” added to his or her
identification card upon surrender of his or her current identification card, payment of a
$2 fee to be deposited into the Highway Safety Operating Trust Fund, and presentation of
a copy of his or her DD Form 214 or another acceptable form specified by the
Department of Veterans’ Affairs. If the applicant is not conducting any other transaction
affecting the identification card, a replacement identification card shall be issued with the
word “Veteran” without payment of the fee required in s. 322.21(1)(f)3.
The international symbol for the deaf and hard of hearing shall be exhibited on the
identification card of a person who is deaf or hard of hearing upon the payment of an
additional $1 fee for the identification card and the presentation of sufficient proof that
the person is deaf or hard of hearing as determined by the department. Until a person’s
identification card is next renewed, the person may have the symbol added to his or her
identification card upon surrender of his or her current identification card, payment of a
$2 fee to be deposited into the Highway Safety Operating Trust Fund, and presentation of
sufficient proof that the person is deaf or hard of hearing as determined by the
department. If the applicant is not conducting any other transaction affecting the
identification card, a replacement identification card may be issued with the symbol
without payment of the fee required in s. 322.21(1)(f)3. For purposes of this paragraph,
the international symbol for the deaf and hard of hearing is substantially as follows:
The department shall include symbols representing the following on an identification
card upon the payment of an additional $1 fee by an applicant who meets the
requirements of subsection (1) and presents his or her:
Lifetime freshwater fishing license;
Lifetime saltwater fishing license;
Lifetime hunting license;
Lifetime sportsman’s license; or
Lifetime boater safety identification card.
A person may replace his or her identification card before its expiration date with a
card that includes his or her status as a lifetime licensee or boater safety cardholder upon
surrender of his or her current identification card, payment of a $2 fee to be deposited
into the Highway Safety Operating Trust Fund, and presentation of the person’s lifetime
license or card. If the sole purpose of the replacement identification card is the inclusion
of the applicant’s status as a lifetime licensee or cardholder, the replacement
identification card must be issued without payment of the fee required in s. 322.21(1)(f)3.
1. Upon request by a person who has a developmental disability, or by a parent or
guardian of a child or ward who has a developmental disability, the department shall
issue an
identification card exhibiting a capital “D” for the person, child, or ward if the person or
the parent or guardian of the child or ward submits:
a. Payment of an additional $1 fee; and
b. Proof acceptable to the department of a diagnosis by a licensed physician of a
developmental disability as defined in s. 393.063.
The department shall deposit the additional $1 fee into the Agency for Persons with
Disabilities Operations and Maintenance Trust Fund under s. 20.1971(2).
A replacement identification card that includes the designation may be issued
without payment of the fee required under s. 322.21(1)(f).
The department shall develop rules to facilitate the issuance, requirements, and
oversight of developmental disability identification cards under this section.
Notwithstanding any other provision of this section or s. 322.21 to the contrary, the
department shall issue or renew a card at no charge to a person who presents evidence
satisfactory to the department that he or she is homeless as defined in s. 414.0252(7), to a
juvenile offender who is in the custody or under the supervision of the Department of
Juvenile Justice and receiving services pursuant to s. 985.461, to an inmate receiving a
card issued pursuant to s. 944.605(7), or, if necessary, to an inmate receiving a
replacement card if the department determines that he or she has a valid state
identification card. If the replacement state identification card is scheduled to expire
within
6 months, the department may also issue a temporary permit valid for at least 6 months
after the release date. The department’s mobile issuing units shall process the
identification cards for juvenile offenders and inmates at no charge, as provided by s.
944.605 (7)(a) and (b).
322.055. Revocation or suspension of, or delay of eligibility for, driver license
for persons 18 years of age or older convicted of certain drug offenses.
Notwithstanding s. 322.28, upon the conviction of a person 18 years of age or older
for possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a
controlled substance, the court shall direct the department to revoke the driver license or
driving privilege of the person. The period of such revocation shall be 1 year or until the
person is evaluated for and, if deemed necessary by the evaluating agency, completes a
drug treatment and rehabilitation program approved or regulated by the Department of
Children and Families. However, the court may, in its sound discretion, direct the
department to issue a license for driving privilege restricted to business or employment
purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a
license. A driver whose license or driving privilege has been suspended or revoked under
this section or s. 322.056 may, upon the expiration of 6 months, petition the department
for restoration of the driving privilege on a restricted or unrestricted basis depending on
length of suspension or revocation. In no case shall a restricted license be available until
6 months of the suspension or revocation period has expired.
If a person 18 years of age or older is convicted for the
possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a
controlled substance and such person is eligible by reason of age for a driver license or
privilege, the court shall direct the department to withhold issuance of such person’s
driver license or driving privilege for a period of 1 year after the date the person was
convicted or until the person is evaluated for and, if deemed necessary by the evaluating
agency, completes a drug treatment and rehabilitation program approved or regulated by
the Department of Children and Families. However, the court may, in its sound
discretion, direct the department to issue a license for driving privilege restricted to
business or employment purposes only, as defined by s. 322.271, if the person is
otherwise qualified for such a license. A driver whose license or driving privilege has
been suspended or revoked under this section or s. 322.056 may, upon the expiration of 6
months, petition the department for restoration of the driving privilege on a restricted or
unrestricted basis depending on the length of suspension or revocation. In no case shall a
restricted license be available until 6 months of the suspension or revocation period has
expired.
If a person 18 years of age or older is convicted for the possession or sale of,
trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such
person’s driver license or driving privilege is already under suspension or revocation for
any reason, the court shall direct the department to extend the period of such suspension
or revocation by an additional period of 1 year or until the person is evaluated for and, if
deemed necessary by the evaluating agency, completes a drug treatment and
rehabilitation program approved or regulated by the Department of Children and
Families. However, the court may, in
its sound discretion, direct the department to issue a license for driving privilege
restricted to business or employment purposes only, as defined by s. 322.271, if the
person is otherwise qualified for such a license. A driver whose license or driving
privilege has been suspended or revoked under this section or s. 322.056 may, upon the
expiration of 6 months, petition the department for restoration of the driving privilege on
a restricted or unrestricted basis depending on the length of suspension or revocation. In
no case shall a restricted license be available until 6 months of the suspension or
revocation period has expired.
If a person 18 years of age or older is convicted for the possession or sale of,
trafficking in, or conspiracy to possess, sell, or traffic in a controlled substance and such
person is ineligible by reason of age for a driver license or driving privilege, the court
shall direct the department to withhold issuance of such person’s driver license or driving
privilege for a period of 1 year after the date that he or she would otherwise have become
eligible or until he or she becomes eligible by reason of age for a driver license and is
evaluated for and, if deemed necessary by the evaluating agency, completes a drug
treatment and rehabilitation program approved or regulated by the Department of
Children and Families. However, the court may, in its sound discretion, direct the
department to issue a license for driving privilege restricted to business or employment
purposes only, as defined by s. 322.271, if the person is otherwise qualified for such a
license. A driver whose license or driving privilege has been suspended or revoked under
this section or s. 322.056 may, upon the expiration of 6 months, petition the department
for restoration of the driving privilege on a restricted or unrestricted basis depending on
the
length of suspension or revocation. In no case shall a restricted license be available until
6 months of the suspension or revocation period has expired.
A court that orders the revocation or suspension of, or delay in eligibility for, a driver
license pursuant to this section shall make a specific, articulated determination as to
whether the issuance of a license for driving privilege restricted to business purposes
only, as defined in s. 322.271, is appropriate in each case.
Each clerk of court shall promptly report to the department each conviction for the
possession or sale of, trafficking in, or conspiracy to possess, sell, or traffic in a
controlled substance.
322.056. Mandatory revocation or suspension of, or delay of eligibility for,
driver license for persons under age 18 found guilty of certain alcohol, drug, or
tobacco offenses; prohibition.
Notwithstanding the provisions of s. 322.055, if a person under 18 years of age is
found guilty of or delinquent for a violation of s. 562.11(2), s. 562.111, or chapter 893,
and:
The person is eligible by reason of age for a driver license or driving privilege, the
court shall direct the department to revoke or to withhold issuance of his or her driver
license or driving privilege for a period of:
Not less than 6 months and not more than 1 year for the first violation.
Two years, for a subsequent violation.
The person’s driver license or driving privilege is under suspension or revocation for
any reason, the court shall direct the department to extend the period of suspension or
revocation by an additional period of:
Not less than 6 months and not more than 1 year for the first violation.
Two years, for a subsequent violation.
The person is ineligible by reason of age for a driver license or driving privilege, the
court shall direct the department to withhold issuance of his or her driver license or
driving privilege for a period of:
Not less than 6 months and not more than 1 year after the date on which he or she
would otherwise have become eligible, for the first violation.
Two years after the date on which he or she would otherwise have become eligible,
for a subsequent violation.
However, the court may, in its sound discretion, direct the department to issue a
license for driving privileges restricted to business or employment purposes only, as
defined in s. 322.271, if the person is otherwise qualified for such a license.
If a person under 18 years of age is found by the court to have committed a
noncriminal violation under s. 569.11 or s. 877.112(6) or (7) and that person has failed to
comply with the procedures established in that section by failing to fulfill community
service requirements, failing to pay the applicable fine, or failing to attend a locally
available schoolapproved antitobacco program, and:
The person is eligible by reason of age for a driver license or driving privilege, the
court shall direct the department to revoke or to withhold issuance of his or her driver
license or driving privilege as follows:
For the first violation, for 30 days.
For the second violation within 12 weeks of the first violation, for 45 days.
The person’s driver license or driving privilege is under suspension or revocation for
any reason, the court shall direct the department to extend the period of suspension or
revocation by an additional period as follows:
For the first violation, for 30 days.
For the second violation within 12 weeks of the first violation, for 45 days.
The person is ineligible by reason of age for a driver license or driving privilege, the
court shall direct the department to withhold issuance of his or her driver license or
driving privilege as follows:
For the first violation, for 30 days.
For the second violation within 12 weeks of the first violation, for 45 days.
Any second violation of s. 569.11 or s. 877.112(6) or (7) not within the 12week
period after the first violation will be treated as a first violation and in the same manner
as provided in this subsection.
If a person under 18 years of age is found by the court to have committed a third
violation of s. 569.11 or s. 877.112(6) or
within 12 weeks of the first violation, the court must direct the Department of Highway
Safety and Motor Vehicles to suspend or withhold issuance of his or her driver license or
driving privilege for 60 consecutive days. Any third violation of s. 569.11 or s.
877.112(6) or (7) not within the 12week period after the first violation will be treated as
a first violation and in the same manner as provided in subsection (2).
A penalty imposed under this section shall be in addition to any other penalty
imposed by law.
The suspension or revocation of a person’s driver license imposed pursuant to
subsection (2) or subsection (3), shall not result in or be cause for an increase of the
convicted person’s, or his or her parent’s or legal guardian’s, automobile insurance rate
or premium or result in points assessed against the person’s driving record.
322.065. Driver license expired for 6 months or less; penalties.
A person whose driver license has been expired for 6 months or less and who drives a
motor vehicle upon the highways of this state commits an infraction and is subject to the
penalty provided in s. 318.18.
322.07. Instruction permits and temporary licenses.
Any person who is at least 18 years of age and who, except for his or her lack of
instruction in operating a motor vehicle,
would otherwise be qualified to obtain a Class E driver license under this chapter, may
apply for a temporary instruction permit. The department shall issue such a permit
entitling the applicant, while having the permit in his or her immediate possession, to
drive a motor vehicle of the type for which a Class E driver license is required upon the
highways for a period of 90 days, but, except when operating a motorcycle or moped as
defined in s. 316.003, the person must be accompanied by a licensed driver who is 21
years of age or older, who is licensed to operate the class of vehicle being operated, and
who is actually occupying the closest seat to the right of the driver.
The department may, in its discretion, issue a temporary permit to an applicant for a
Class E driver license permitting him or her to operate a motor vehicle of the type for
which a Class E driver license is required while the department is completing its
investigation and determination of all facts relative to such applicant’s right to receive a
driver license. Such permit must be in his or her immediate possession while operating a
motor vehicle, and it shall be invalid when the applicant’s license has been issued or for
good cause has been refused.
Any person who, except for his or her lack of instruction in operating a commercial
motor vehicle, would otherwise be qualified to obtain a commercial driver license under
this chapter, may apply for a temporary commercial instruction permit. The department
shall issue such a permit entitling the applicant, while having the permit in his or her
immediate possession, to drive a commercial motor vehicle on the highways, if:
The applicant possesses a valid Florida driver license; and
The applicant, while operating a commercial motor vehicle, is accompanied by a licensed
driver who is 21 years of age or older, who is licensed to operate the class of vehicle being
operated, and who is occupying the closest seat to the right of the driver.
322.14. Licenses issued to drivers.
(a) The department shall, upon successful completion of all required examinations and
payment of the required fee, issue to every qualified applicant a driver license that must bear
a color photograph or digital image of the licensee; the name of the state; a distinguishing
number assigned to the licensee; and the licensee’s full name, date of birth, and residence
address; a brief description of the licensee, including, but not limited to, the licensee’s gender
and height; and the dates of issuance and expiration of the license. A space shall be provided
upon which the licensee shall affix his or her usual signature. A license is invalid until it has
been signed by the licensee except that the signature of the licensee is not required if it
appears thereon in facsimile or if the licensee is not present within the state at the time of
issuance.
In addition to the requirements of paragraph (a), each license must exhibit the class of
vehicle which the licensee is authorized to operate and any applicable endorsements or
restrictions. If the license is a commercial driver license, such fact must be exhibited thereon.
The international symbol for the deaf and hard of hearing provided in s. 322.051(8)(c)
shall be exhibited on the driver license of a person who is deaf or hard of hearing upon the
payment of an additional $1 fee for the license and the presentation of sufficient proof
that the person is deaf or hard of hearing as determined by the department. Until a
person’s license is next renewed, the person may have the symbol added to his or her
license upon the surrender of his or her current license, payment of a $2 fee to be
deposited into the Highway Safety Operating Trust Fund, and presentation of sufficient
proof that the person is deaf or hard of hearing as determined by the department. If the
applicant is not conducting any other transaction affecting the driver license, a
replacement license may be issued with the symbol without payment of the fee required
in s. 322.21(1)(e).
The word “Veteran” shall be exhibited on the driver license of a veteran upon the
payment of an additional $1 fee for the license and the presentation of a copy of the
person’s DD Form 214, issued by the United States Department of Defense, or another
acceptable form specified by the Department of Veterans’ Affairs. Until a veteran’s
license is next renewed, the veteran may have the word “Veteran” added to his or her
license upon surrender of his or her current license, payment of a $2 fee to be deposited
into the Highway Safety Operating Trust Fund, and presentation of a copy of his or her
DD Form 214 or another acceptable form specified by the Department of Veterans’
Affairs. If the applicant is not conducting any other transaction affecting the driver
license, a replacement license shall be issued with the word “Veteran” without payment
of the fee required in s. 322.21(1)(e).
The department shall include symbols representing the following on a driver license
upon the payment of an additional $1 fee by an applicant who meets the requirements of
s. 322.08
and presents his or her:
Lifetime freshwater fishing license;
Lifetime saltwater fishing license;
Lifetime hunting license;
Lifetime sportsman’s license; or
Lifetime boater safety identification card.
A person may replace his or her driver license before its expiration date with a
license that includes his or her status as a lifetime licensee or boater safety cardholder
upon surrender of his or her current driver license, payment of a $2 fee to be deposited
into the Highway Safety Operating Trust Fund, and presentation of the person’s lifetime
license or identification card. If the sole purpose of the replacement driver license is the
inclusion of the applicant’s status as a lifetime licensee or cardholder, the replacement
driver license must be issued without payment of the fee required in s. 322.21(1)(e).
The department may require other pertinent information to be exhibited on a driver
license.
322.15. License to be carried and exhibited on demand; fingerprint to be
imprinted upon a citation.
Every licensee shall have his or her driver license, which must be fully legible with
no portion of such license faded, altered, mutilated, or defaced, in his or her immediate
possession at all times when operating a motor vehicle and shall present or submit the
same upon the demand of a law enforcement officer or
an authorized representative of the department. A licensee may present or submit a digital
proof of driver license as provided in s. 322.032 in lieu of a physical driver license.
Upon the failure of any person to display a driver license as required by subsection
(1), the law enforcement officer or authorized representative of the department stopping
the person shall require the person to imprint his or her fingerprints upon any citation
issued by the officer or authorized representative, or the officer or authorized
representative shall collect the fingerprints electronically.
In relation to violations of subsection (1) or s. 322.03(5), persons who cannot supply
proof of a valid driver license for the reason that the license was suspended for failure to
comply with that citation shall be issued a suspension clearance by the clerk of the court
for that citation upon payment of the applicable penalty and fee for that citation. If proof
of a valid driver license is not provided to the clerk of the court within 30 days, the
person’s driver license shall again be suspended for failure to comply.
A violation of subsection (1) is a noncriminal traffic infraction, punishable as a
nonmoving violation as provided in chapter 318.
322.16. License restrictions.
(a) The department, upon issuing a driver license, may, whenever good cause
appears, impose restrictions suitable to the licensee’s driving ability with respect to the
type of special mechanical control devices required on a motor vehicle that the licensee
may operate, including, but not limited to, restricting the
licensee to operating only vehicles equipped with air brakes, or imposing upon the
licensee such other restrictions as the department determines are appropriate to assure the
safe operation of a motor vehicle by the licensee.
The department may further impose other suitable restrictions on use of the license
with respect to time and purpose of use, including, but not limited to, a restriction
providing for intrastate operation only, or may impose any other condition or restriction
that the department considers necessary for driver improvement, safety, or control of
drivers in this state.
The department may further, at any time, impose other restrictions on the use of the
license with respect to time and purpose of use or may impose any other condition or
restriction upon recommendation of any court, of the Florida Commission on Offender
Review, or of the Department of Corrections with respect to any individual who is under
the jurisdiction, supervision, or control of the entity that made the recommendation.
The department may impose a restriction upon the use of the license requiring that
the licensee wear a medical identification bracelet when operating a motor vehicle.
Medical identification bracelet restrictions must be coded on the license of the restricted
operator. There is no penalty for violating this paragraph.
A person who holds a driver license and who is under 17 years of age, when
operating a motor vehicle after 11 p.m. and before 6 a.m., must be accompanied by a
driver who holds a valid license to operate the type of vehicle being operated and is at
least
21 years of age unless that person is driving directly to or from work.
A person who holds a driver license who is 17 years of age, when operating a motor
vehicle after 1 a.m. and before 5 a.m., must be accompanied by a driver who holds a valid
license to operate the type of vehicle being operated, and is at least 21 years of age unless
that person is driving directly to or from work.
The department may, upon receiving satisfactory evidence of any violation of the
restriction upon such a license, except a violation of paragraph (1)(d), subsection (2), or
subsection (3), suspend or revoke the license, but the licensee is entitled to a hearing as
upon a suspension or revocation under this chapter.
It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083, for any person to operate a motor vehicle in any manner in violation of the
restrictions imposed under paragraph (1)(c).
Any person who operates a motor vehicle in violation of the restrictions imposed
under paragraph (1)(a), paragraph (1)(b), subsection (2), or subsection (3) will be charged
with a moving violation and fined in accordance with chapter 318.
322.1615. Learner’s driver license.
The department may issue a learner’s driver license to a person who is at least 15
years of age and who:
Has passed the written examination for a learner’s driver license;
Has passed the vision and hearing examination administered
under s. 322.12;
Has completed the traffic law and substance abuse education course prescribed in s.
322.095; and
Meets all other requirements set forth in law and by rule of the department.
When operating a motor vehicle, the holder of a learner’s driver license must be
accompanied at all times by a driver who:
Holds a valid license to operate the type of vehicle being operated;
Is at least 21 years of age; and
Occupies the closest seat to the right of the driver of the motor vehicle.
A person who holds a learner’s driver license may operate a vehicle only during
daylight hours, except that the holder of a learner’s driver license may operate a vehicle
until 10 p.m. after 3 months following the issuance of the learner’s driver license.
A licensee who violates subsection (2) or subsection (3) is subject to the civil penalty
imposed for a moving violation as set forth in chapter 318.
322.201. Records as evidence.
A copy, computer copy, or transcript of all abstracts of crash reports and all abstracts
of court records of convictions received by the department and the complete driving
record of any individual certified by the department or by the clerk of a court shall be
received as evidence in all courts of this state without
further authentication, if the same is otherwise admissible in evidence. Further, any court
or the office of the clerk of any court of this state which is electronically connected by a
terminal device to the computer data center of the department may use as evidence in any
case the information obtained by this device from the records of the department without
need of such certification; however, if a genuine issue as to the authenticity of such
information is raised by a party or by the court, the court may require that a record
certified by the department be submitted for admission into evidence. For computer
copies generated by a terminal device of a court or clerk of court, entry in a driver’s
record that the notice required by s. 322.251 was given constitutes sufficient evidence
that such notice was given.
322.212. Unauthorized possession of, and other unlawful acts in relation
to, driver license or identification card.
(1) It is unlawful for any person to:
Knowingly have in his or her possession or to display any blank, forged, stolen,
fictitious, counterfeit, or unlawfully issued driver license or identification card or any
instrument in the similitude of a driver license or identification card unless possession by
such person has been duly authorized by the department;
Knowingly have in his or her possession any instrument in the similitude of a driver
license issued by the department or its duly authorized agents or those of any state or
jurisdiction issuing licenses recognized in this state for the operation of a motor vehicle;
Knowingly have in his or her possession any instrument in the similitude of an
identification card issued by the department or its duly authorized agents or those of any
state or jurisdiction issuing identification cards recognized in this state for the purpose of
indicating a person’s true name and age; or
Knowingly sell, manufacture, or deliver, or knowingly offer to sell, manufacture, or
deliver, a blank, forged, stolen, fictitious, counterfeit, or unlawfully issued driver license
or identification card, or an instrument in the similitude of a driver license or
identification card, unless that person is authorized to do so by the department. A
violation of this section may be investigated by any law enforcement agency, including
the Division of Alcoholic Beverages and Tobacco.
The term “driver license” includes a driver license issued by the department or its
agents or a driver license issued by any state or jurisdiction that issues licenses
recognized in this state for the operation of a motor vehicle. The term “identification
card” includes any identification card issued by the department or its agents or any
identification card issued by any state or jurisdiction that issues identification cards
recognized in this state for the purpose of indicating a person’s true name and age. This
subsection does not prohibit a person from possessing or displaying another person’s
driver license or identification card for a lawful purpose.
It is unlawful for any person to barter, trade, sell, or give away any driver license or
identification card or to perpetrate a conspiracy to barter, trade, sell, or give away any
such license or identification card unless such person has been duly authorized to issue
the license or identification card by the department as
provided in this chapter or in the adopted rules of the department.
It is unlawful for any employee of the department to allow or permit the issuance of a
driver license or identification card when he or she knows that the applicant has not
lawfully fulfilled the requirements of this chapter for the issuance of such license or
identification card.
It is unlawful for any person to agree to supply or to aid in supplying any person with
a driver license or identification card by any means whatsoever not in accordance with
the provisions of this chapter.
(a) It is unlawful for any person to use a false or fictitious name in any application for
a driver license or identification card or knowingly to make a false statement, knowingly
conceal a material fact, or otherwise commit a fraud in any such application.
It is unlawful for any person to have in his or her possession a driver license or
identification card upon which the date of birth has been altered.
It is unlawful for any person designated as a sexual predator or sexual offender to
have in his or her possession a driver license or identification card upon which the sexual
predator or sexual offender markings required by s. 322.141 are not displayed or have
been altered.
Except as otherwise provided in this subsection, any person who violates any of the
provisions of this section is guilty of a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084. Any person who violates paragraph (5)(a) by
giving a false age in any application for a driver license or
identification card or who violates paragraph (5)(b) by possessing a driver license,
identification card, or any instrument in the similitude thereof, on which the date of birth
has been altered is guilty of a misdemeanor of the second degree, punishable as provided
in s. 775.082 or s. 775.083. Any person who violates paragraph (1)(d) commits a felony
of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
In addition to any other penalties provided by this section, any person who provides
false information when applying for a commercial driver license or commercial learner’s
permit or is convicted of fraud in connection with testing for a commercial driver license
or commercial learner’s permit shall be disqualified from operating a commercial motor
vehicle for a period of 1 year.
The provisions of this section are in addition and supplemental to all other provisions
of this chapter and of the laws of this state relating to driver licenses and identification
cards.
322.25. When court to forward license to department and report
convictions.
Whenever any person is convicted of any offense for which this chapter makes
mandatory the revocation of the driver license of such person by the department, the
court in which such conviction is had shall require the surrender to it of all driver licenses
then held by the person so convicted, and the court shall thereupon forward the same,
together with a record of such conviction, to the department.
Every court having jurisdiction over offenses committed
under this chapter, or any other law of this state regulating the operation of motor
vehicles on highways, shall forward to the department a record of the conviction of any
person in said court for a violation of any said laws, and shall suspend or revoke in
accordance with the provisions of this chapter the driver license of the person so
convicted.
There shall be no notation made upon a license of either an arrest or warning until the
holder of the license has been duly convicted or has forfeited bond.
For the purpose of this chapter, a forfeiture of bail or collateral deposited to secure a
defendant’s appearance in court, which forfeiture has not been vacated, shall be
equivalent to a conviction.
For the purpose of this chapter, the entrance of a plea of nolo contendere by the
defendant to a charge of driving while intoxicated, driving under the influence, driving
with an unlawful bloodalcohol level, or any other alcoholrelated or drugrelated traffic
offense similar to the offenses specified in s. 316.193, accepted by the court and under
which plea the court has entered a fine or sentence, whether in this state or any other state
or country, shall be equivalent to a conviction.
The report of a judicial disposition of an offense committed under this chapter or of
any traffic violation, including parking on a roadway outside the limits of a municipality,
or of a violation of any law of this state regulating the operation of motor vehicles on
highways shall be made by the court to the department on a standard form prescribed by
the department. In addition, the court shall so report to the department any conviction of a
person for
felony possession of a controlled substance if such person was driving or in actual
physical control of a motor vehicle at the time of such possession. The form shall be a
copy of the uniform traffic citation and complaint as prescribed by s. 316.650 and shall
include a place for the court to indicate clearly whether it recommends suspension or
revocation of the offender’s driving privilege. The report shall be signed by the judge or
by facsimile signature. The clerks of the court may submit disposition data to the
department in an automated fashion, in a form prescribed by the department.
322.26. Mandatory revocation of license by department.
The department shall forthwith revoke the license or driving privilege of any person
upon receiving a record of such person’s conviction of any of the following offenses:
(a) Murder resulting from the operation of a motor vehicle, DUI manslaughter where
the conviction represents a subsequent DUIrelated conviction, or a fourth violation of s.
316.193 or former s. 316.1931. For such cases, the revocation of the driver license or
driving privilege shall be permanent.
Manslaughter resulting from the operation of a motor vehicle.
Driving a motor vehicle or being in actual physical control thereof, or entering a plea
of nolo contendere, said plea being accepted by the court and said court entering a fine or
sentence to a charge of driving, while under the influence of alcoholic beverages or a
substance controlled under chapter 893, or being in actual physical control of a motor
vehicle while under the
influence of alcoholic beverages or a substance controlled under chapter 893. In any case
where DUI manslaughter occurs and the person has no prior convictions for DUIrelated
offenses, the revocation of the license or driving privilege shall be permanent, except as
provided for in s. 322.271(4).
Any felony in the commission of which a motor vehicle is
used.
Failure to stop and render aid as required under the laws of this state in the event of a
motor vehicle crash resulting in the death or personal injury of another.
Perjury or the making of a false affidavit or statement under oath to the department
under this law, or under any other law relating to the ownership or operation of motor
vehicles.
Conviction, or forfeiture of bail not vacated, upon three charges of reckless driving
committed within a period of 12 months.
Any violation of the law against lewdness, assignation, and prostitution where such
violation has been effected through the use of a motor vehicle.
Conviction in any court having jurisdiction over offenses committed under this
chapter or any other law of this state regulating the operation of a motor vehicle on the
highways, upon direction of the court, when the court feels that the seriousness of the
offense and the circumstances surrounding the conviction warrant the revocation of the
licensee’s driving privilege.
Conviction in any court having jurisdiction over offenses committed under s.
817.234(8) or (9) or s. 817.505.
322.2615. Suspension of license; right to review.
suspended for a period of 6 months for a first offense or for a period of 1 year if his or
her driving privilege has been previously suspended under this section.
The suspension period shall commence on the date of issuance of the notice of
suspension.
The driver may request a formal or informal review of the suspension by the
department within 10 days after the date of issuance of the notice of suspension or may
request a review of eligibility for a restricted driving privilege under s. 322.271(7).
The temporary permit issued at the time of suspension expires at midnight of the 10th
day following the date of issuance of the notice of suspension.
The driver may submit to the department any materials relevant to the suspension.
(a) Except as provided in paragraph (1)(a), the law enforcement officer shall forward
to the department, within 5 days after issuing the notice of suspension, the driver license;
an affidavit stating the officer’s grounds for belief that the person was driving or in actual
physical control of a motor vehicle while under the influence of alcoholic beverages or
chemical or controlled substances; the results of any breath or blood test or an affidavit
stating that a breath, blood, or urine test was requested by a law enforcement officer or
correctional officer and that the person refused to submit; the officer’s description of the
person’s field sobriety test, if any; and the notice of suspension. The failure of the officer
to submit materials within the 5day period specified in this subsection and in subsection
(1) does not affect the department’s ability to consider any evidence submitted at or
prior to the hearing.
The officer may also submit a copy of the crash report and a copy of a video
recording of the field sobriety test or the attempt to administer such test. Materials
submitted to the department by a law enforcement agency or correctional agency shall be
considered selfauthenticating and shall be in the record for consideration by the hearing
officer. Notwithstanding s. 316.066(4), the crash report shall be considered by the hearing
officer.
If the department determines that the license should be suspended pursuant to this
section and if the notice of suspension has not already been served upon the person by a
law enforcement officer or correctional officer as provided in subsection (1), the
department shall issue a notice of suspension and, unless the notice is mailed pursuant to
s. 322.251, a temporary permit that expires 10 days after the date of issuance if the driver
is otherwise eligible.
If the person whose license was suspended requests an informal review pursuant to
subparagraph (1)(b)3., the department shall conduct the informal review by a hearing
officer designated by the department. Such informal review hearing shall consist solely of
an examination by the department of the materials submitted by a law enforcement
officer or correctional officer and by the person whose license was suspended, and the
presence of an officer or witness is not required.
After completion of the informal review, notice of the department’s decision
sustaining, amending, or invalidating the suspension of the driver license of the person
whose license was
suspended must be provided to such person. Such notice must be mailed to the person at
the last known address shown on the department’s records, or to the address provided in
the law enforcement officer’s report if such address differs from the address of record,
within 21 days after the expiration of the temporary permit issued pursuant to subsection
(1) or subsection (3).
(a) If the person whose license was suspended requests a formal review, the
department must schedule a hearing within 30 days after such request is received by the
department and must notify the person of the date, time, and place of the hearing.
Such formal review hearing shall be held before a hearing officer designated by the
department, and the hearing officer shall be authorized to administer oaths, examine
witnesses and take testimony, receive relevant evidence, issue subpoenas for the officers
and witnesses identified in documents provided under paragraph (2)(a), regulate the
course and conduct of the hearing, question witnesses, and make a ruling on the
suspension. The hearing officer may conduct hearings using communications technology.
The party requesting the presence of a witness shall be responsible for the payment of
any witness fees and for notifying in writing the state attorney’s office in the appropriate
circuit of the issuance of the subpoena. If the person who requests a formal review
hearing fails to appear and the hearing officer finds such failure to be without just cause,
the right to a formal hearing is waived and the suspension shall be sustained.
The failure of a subpoenaed witness to appear at the formal review hearing is not
grounds to invalidate the suspension. If a witness fails to appear, a party may seek
enforcement of a
subpoena under paragraph (b) by filing a petition for enforcement in the circuit court of
the judicial circuit in which the person failing to comply with the subpoena resides or by
filing a motion for enforcement in any criminal court case resulting from the driving or
actual physical control of a motor vehicle that gave rise to the suspension under this
section. A failure to comply with an order of the court shall result in a finding of
contempt of court. However, a person is not in contempt while a subpoena is being
challenged.
The department must, within 7 working days after a formal review hearing, send
notice to the person of the hearing officer’s decision as to whether sufficient cause exists
to sustain, amend, or invalidate the suspension.
In a formal review hearing under subsection (6) or an informal review hearing under
subsection (4), the hearing officer shall determine by a preponderance of the evidence
whether sufficient cause exists to sustain, amend, or invalidate the suspension. The scope
of the review shall be limited to the following issues:
If the license was suspended for driving with an unlawful bloodalcohol level or
breathalcohol level of 0.08 or higher:
Whether the law enforcement officer had probable cause to believe that the person
whose license was suspended was driving or in actual physical control of a motor vehicle
in this state while under the influence of alcoholic beverages or chemical or controlled
substances.
Whether the person whose license was suspended had an unlawful bloodalcohol
level or breathalcohol level of 0.08 or
higher as provided in s. 316.193.
If the license was suspended for refusal to submit to a breath, blood, or urine test:
Whether the law enforcement officer had probable cause to believe that the person
whose license was suspended was driving or in actual physical control of a motor vehicle
in this state while under the influence of alcoholic beverages or chemical or controlled
substances.
Whether the person whose license was suspended refused to submit to any such test
after being requested to do so by a law enforcement officer or correctional officer.
Whether the person whose license was suspended was told that if he or she refused to
submit to such test his or her privilege to operate a motor vehicle would be suspended for
a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18
months.
Based on the determination of the hearing officer pursuant to subsection (7) for both
informal hearings under subsection (4) and formal hearings under subsection (6), the
department shall:
Sustain the suspension of the person’s driving privilege for a period of 1 year for a
first refusal, or for a period of 18 months if the driving privilege of such person has been
previously suspended as a result of a refusal to submit to such tests, if the person refused
to submit to a lawful breath, blood, or urine test. The suspension period commences on
the date of issuance of the notice of suspension.
Sustain the suspension of the person’s driving privilege for
a period of 6 months for a bloodalcohol level or breathalcohol level of 0.08 or higher, or
for a period of 1 year if the driving privilege of such person has been previously
suspended under this section as a result of driving with an unlawful alcohol level. The
suspension period commences on the date of issuance of the notice of suspension.
A request for a formal review hearing or an informal review hearing shall not stay the
suspension of the person’s driver license. If the department fails to schedule the formal
review hearing within 30 days after receipt of the request therefor, the department shall
invalidate the suspension. If the scheduled hearing is continued at the department’s
initiative or the driver enforces the subpoena as provided in subsection (6), the
department shall issue a temporary driving permit that shall be valid until the hearing is
conducted if the person is otherwise eligible for the driving privilege. Such permit may
not be issued to a person who sought and obtained a continuance of the hearing. The
permit issued under this subsection shall authorize driving for business or employment
use only.
A person whose driver license is suspended under subsection (1) or subsection (3)
may apply for issuance of a license for business or employment purposes only if the
person is otherwise eligible for the driving privilege pursuant to s. 322.271.
If the suspension of the driver license of the person for failure to submit to a breath,
urine, or blood test is sustained, the person is not eligible to receive a license for business
or employment purposes only, pursuant to s. 322.271, until 90 days have elapsed after the
expiration of the last temporary permit issued. If the driver is not issued a 10day permit
pursuant to this
section or s. 322.64 because he or she is ineligible for the permit and the suspension for
failure to submit to a breath, urine, or blood test is not invalidated by the department, the
driver is not eligible to receive a business or employment license pursuant to s. 322.271
until 90 days have elapsed from the date of the suspension.
If the suspension of the driver license of the person relating to unlawful blood
alcohol level or breathalcohol level of 0.08 or higher is sustained, the person is not
eligible to receive a license for business or employment purposes only pursuant to s.
322.271 until 30 days have elapsed after the expiration of the last temporary permit
issued. If the driver is not issued a 10day permit pursuant to this section or s. 322.64
because he or she is ineligible for the permit and the suspension relating to unlawful
bloodalcohol level or breathalcohol level of 0.08 or higher is not invalidated by the
department, the driver is not eligible to receive a business or employment license
pursuant to s. 322.271 until 30 days have elapsed from the date of the suspension.
The formal review hearing may be conducted upon a review of the reports of a law
enforcement officer or a correctional officer, including documents relating to the
administration of a breath test or blood test or the refusal to take either test or the refusal
to take a urine test. However, as provided in subsection (6), the driver may subpoena the
officer or any person who administered or analyzed a breath or blood test. If the arresting
officer or the breath technician fails to appear pursuant to a subpoena as provided in
subsection (6), the department shall invalidate the suspension.
The formal review hearing and the informal review
hearing are exempt from the provisions of chapter 120. The department may adopt rules
for the conduct of reviews under this section.
A person may appeal any decision of the department sustaining a suspension of his or
her driver license by a petition for writ of certiorari to the circuit court in the county
wherein such person resides or wherein a formal or informal review was conducted
pursuant to s. 322.31. However, an appeal shall not stay the suspension. A law
enforcement agency may appeal any decision of the department invalidating a suspension
by a petition for writ of certiorari to the circuit court in the county wherein a formal or
informal review was conducted. This subsection shall not be construed to provide for a de
novo review.
(a) The decision of the department under this section or any circuit court review
thereof may not be considered in any trial for a violation of s. 316.193, and a written
statement submitted by a person in his or her request for departmental review under this
section may not be admitted into evidence against him or her in any such trial.
The disposition of any related criminal proceedings does not affect a suspension for
refusal to submit to a blood, breath, or urine test imposed under this section.
If the department suspends a person’s license under s. 322.2616, it may not also
suspend the person’s license under this section for the same episode that was the basis for
the suspension under s. 322.2616.
The department shall invalidate a suspension for driving with an unlawful blood
alcohol level or breathalcohol level
imposed under this section if the suspended person is found not guilty at trial of an
underlying violation of s. 316.193.
322.2616. Suspension of license; persons under 21 years of age; right to
review.
(a) Notwithstanding s. 316.193, it is unlawful for a person under the age of 21 who
has a bloodalcohol or breathalcohol level of 0.02 or higher to drive or be in actual
physical control of a motor vehicle.
A law enforcement officer who has probable cause to believe that a motor vehicle is
being driven by or is in the actual physical control of a person who is under the age of 21
while under the influence of alcoholic beverages or who has any bloodalcohol or breath
alcohol level may lawfully detain such a person and may request that person to submit to
a test to determine his or her bloodalcohol or breathalcohol level.
(a) A law enforcement officer or correctional officer shall, on behalf of the
department, suspend the driving privilege of such person if the person has a blood
alcohol or breathalcohol level of 0.02 or higher. The officer shall also suspend, on behalf
of the department, the driving privilege of a person who has refused to submit to a test as
provided by paragraph (b). The officer shall take the person’s driver license and issue the
person a 10day temporary driving permit if the person is otherwise eligible for the
driving privilege and shall issue the person a notice of suspension.
The suspension under paragraph (a) must be pursuant to, and the notice of suspension
must inform the driver of, the following:
a. The driver refused to submit to a lawful breath test and his or her driving privilege
is suspended for a period of 1 year for a first refusal or for a period of 18 months if his or
her driving privilege has been previously suspended as provided in this section as a result
of a refusal to submit to a test; or
b. The driver was under the age of 21 and was driving or in actual physical control of
a motor vehicle while having a bloodalcohol or breathalcohol level of 0.02 or higher;
and the person’s driving privilege is suspended for a period of 6 months for a first
violation, or for a period of 1 year if his or her driving privilege has been previously
suspended as provided in this section for driving or being in actual physical control of a
motor vehicle with a bloodalcohol or breathalcohol level of 0.02 or higher.
The suspension period commences on the date of issuance of the notice of
suspension.
The driver may request a formal or informal review of the suspension by the
department within 10 days after the issuance of the notice of suspension.
A temporary permit issued at the time of the issuance of the notice of suspension
shall not become effective until after 12 hours have elapsed and will expire at midnight of
the 10th day following the date of issuance.
The driver may submit to the department any materials relevant to the suspension of
his or her license.
When a driver subject to this section has a bloodalcohol or breathalcohol level of
0.05 or higher, the suspension shall remain in effect until such time as the driver has
completed a substance
abuse course offered by a DUI program licensed by the department. The driver shall
assume the reasonable costs for the substance abuse course. As part of the substance
abuse course, the program shall conduct a substance abuse evaluation of the driver, and
notify the parents or legal guardians of drivers under the age of 19 years of the results of
the evaluation. The term “substance abuse” means the abuse of alcohol or any substance
named or described in Schedules I through V of s. 893.03. If a driver fails to complete the
substance abuse education course and evaluation, the driver license shall not be reinstated
by the department.
A minor under the age of 18 years proven to be driving with a bloodalcohol or
breathalcohol level of 0.02 or higher may be taken by a law enforcement officer to the
addictions receiving facility in the county in which the minor is found to be so driving, if
the county makes the addictions receiving facility available for such purpose.
The law enforcement officer shall forward to the department, within 5 days after the
date of the issuance of the notice of suspension, a copy of the notice of suspension, the
driver license of the person receiving the notice of suspension, and an affidavit stating the
officer’s grounds for belief that the person was under the age of 21 and was driving or in
actual physical control of a motor vehicle with any bloodalcohol or breathalcohol level,
and the results of any blood or breath test or an affidavit stating that a breath test was
requested by a law enforcement officer or correctional officer and that the person refused
to submit to such test. The failure of the officer to submit materials within the 5day
period specified in this subsection does not bar the department from considering any
materials submitted
at or before the hearing.
If the department finds that the license of the person should be suspended under this
section and if the notice of suspension has not already been served upon the person by a
law enforcement officer or correctional officer as provided in subsection (2), the
department shall issue a notice of suspension and, unless the notice is mailed under s.
322.251, a temporary driving permit that expires 10 days after the date of issuance if the
driver is otherwise eligible.
If the person whose license is suspended requests an informal review under
subparagraph (2)(b)3., the department shall conduct the informal review by a hearing
officer designated by the department within 30 days after the request is received by the
department and shall issue such person a temporary driving permit for business purposes
only to expire on the date that such review is scheduled to be conducted if the person is
otherwise eligible. The informal review hearing must consist solely of an examination by
the department of the materials submitted by a law enforcement officer or correctional
officer and by the person whose license is suspended, and the presence of an officer or
witness is not required.
After completion of the informal review, notice of the department’s decision
sustaining, amending, or invalidating the suspension of the driver license must be
provided to the person. The notice must be mailed to the person at the last known address
shown on the department’s records, or to the address provided in the law enforcement
officer’s report if such address differs from the address of record, within 7 days after
completing the review.
(a) If the person whose license is suspended requests a formal review, the department
must schedule a hearing to be held within 30 days after the request is received by the
department and must notify the person of the date, time, and place of the hearing and
shall issue such person a temporary driving permit for business purposes only to expire
on the date that such review is scheduled to be conducted if the person is otherwise
eligible.
The formal review hearing must be held before a hearing officer designated by the
department, and the hearing officer may administer oaths, examine witnesses and take
testimony, receive relevant evidence, issue subpoenas, regulate the course and conduct of
the hearing, and make a ruling on the suspension. The hearing officer may conduct
hearings using communications technology. The department and the person whose
license was suspended may subpoena witnesses, and the party requesting the presence of
a witness is responsible for paying any witness fees and for notifying in writing the state
attorney’s office in the appropriate circuit of the issuance of the subpoena. If the person
who requests a formal review hearing fails to appear and the hearing officer finds the
failure to be without just cause, the right to a formal hearing is waived and the suspension
is sustained.
The failure of a subpoenaed witness to appear at the formal review hearing shall not
be grounds to invalidate the suspension. If a witness fails to appear, a party may seek
enforcement of a subpoena under paragraph (b) by filing a petition for enforcement in the
circuit court of the judicial circuit in which the person failing to comply with the
subpoena resides. A failure to comply with an order of the court constitutes contempt of
court. However, a person may not be held in contempt while a subpoena is being
challenged.
The department must, within 7 working days after a formal review hearing, send
notice to the person of the hearing officer’s decision as to whether sufficient cause exists
to sustain, amend, or invalidate the suspension.
In a formal review hearing under subsection (7) or an informal review hearing under
subsection (5), the hearing officer shall determine by a preponderance of the evidence
whether sufficient cause exists to sustain, amend, or invalidate the suspension. The scope
of the review is limited to the following issues:
If the license was suspended because the individual, then under the age of 21, drove
with a bloodalcohol or breathalcohol level of 0.02 or higher:
Whether the law enforcement officer had probable cause to believe that the person
was under the age of 21 and was driving or in actual physical control of a motor vehicle
in this state with any bloodalcohol or breathalcohol level or while under the influence of
alcoholic beverages.
Whether the person was under the age of 21.
Whether the person had a bloodalcohol or breathalcohol level of 0.02 or higher.
If the license was suspended because of the individual’s refusal to submit to a breath
test:
Whether the law enforcement officer had probable cause to believe that the person
was under the age of 21 and was driving or
in actual physical control of a motor vehicle in this state with any bloodalcohol or
breathalcohol level or while under the influence of alcoholic beverages.
Whether the person was under the age of 21.
Whether the person refused to submit to a breath test after being requested to do so
by a law enforcement officer or correctional officer.
Whether the person was told that if he or she refused to submit to a breath test his or
her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in
the case of a second or subsequent refusal, for a period of 18 months.
Based on the determination of the hearing officer under subsection (8) for both
informal hearings under subsection (5) and formal hearings under subsection (7), the
department shall:
Sustain the suspension of the person’s driving privilege for a period of 1 year for a
first refusal, or for a period of 18 months if the driving privilege of the person has been
previously suspended, as provided in this section, as a result of a refusal to submit to a
test. The suspension period commences on the date of the issuance of the notice of
suspension.
Sustain the suspension of the person’s driving privilege for a period of 6 months for
driving or being in actual physical control of a motor vehicle while under the age of 21
with a bloodalcohol or breathalcohol level of 0.02 or higher, or for a period of 1 year if
the driving privilege of such person has been previously suspended under this section.
The suspension period commences on the date of the issuance of the notice of
suspension.
A request for a formal review hearing or an informal review hearing shall not stay the
suspension of the person’s driver license. If the department fails to schedule the formal
review hearing within 30 days after receipt of the request therefor, the department shall
invalidate the suspension. If the scheduled hearing is continued at the department’s
initiative or the driver enforces the subpoena as provided in subsection (7), the
department shall issue a temporary driving permit that is valid until the hearing is
conducted if the person is otherwise eligible for the driving privilege. The permit shall
not be issued to a person who requested a continuance of the hearing. The permit issued
under this subsection authorizes driving for business or employment use only.
A person whose driver license is suspended under subsection (2) or subsection (4)
may apply for issuance of a license for business or employment purposes only, pursuant
to s. 322.271, if the person is otherwise eligible for the driving privilege. However, such a
license may not be issued until 30 days have elapsed after the expiration of the last
temporary driving permit issued under this section.
The formal review hearing may be conducted upon a review of the reports of a law
enforcement officer or correctional officer, including documents relating to the
administration of a breath test or the refusal to take a test. However, as provided in
subsection (7), the driver may subpoena the officer or any person who administered a
breath or blood test. If the officer who suspended the driving privilege fails to appear
pursuant to a subpoena as provided in subsection (7), the department shall invalidate the
suspension.
The formal review hearing and the informal review hearing are exempt from chapter
120. The department may adopt rules for conducting reviews under this section.
A person may appeal any decision of the department sustaining a suspension of his or
her driver license by a petition for writ of certiorari to the circuit court in the county
wherein such person resides or wherein a formal or informal review was conducted under
s. 322.31. However, an appeal does not stay the suspension. This subsection does not
provide for a de novo review.
The decision of the department under this section shall not be considered in any trial
for a violation of s. 316.193, nor shall any written statement submitted by a person in his
or her request for departmental review under this section be admissible into evidence
against him or her in any such trial. The disposition of any related criminal proceedings
shall not affect a suspension imposed under this section.
By applying for and accepting and using a driver license, a person under the age of
21 years who holds the driver license is deemed to have expressed his or her consent to
the provisions of this section.
A breath test to determine breathalcohol level pursuant to this section may be
conducted as authorized by s. 316.1932 or by a breathalcohol test device listed in the
United States Department of Transportation’s conformingproduct list of evidential
breathmeasurement devices. The reading from such a device is presumed accurate and is
admissible in evidence in any administrative hearing conducted under this section.
The result of a blood test obtained during an investigation conducted under s.
316.1932 or s. 316.1933 may be used to suspend the driving privilege of a person under
this section.
A violation of this section is neither a traffic infraction nor a criminal offense, nor
does being detained pursuant to this section constitute an arrest. A violation of this
section is subject to the administrative action provisions of this section, which are
administered by the department through its administrative processes. Administrative
actions taken pursuant to this section shall be recorded in the motor vehicle records
maintained by the department. This section does not bar prosecution under s. 316.193.
However, if the department suspends a person’s license under s. 322.2615 for a violation
of s. 316.193, it may not also suspend the person’s license under this section for the same
episode that was the basis for the suspension under s. 322.2615.
322.264. “Habitual traffic offender” defined.
322.27. Authority of department to suspend or revoke driver license
or identification card.
Notwithstanding any provisions to the contrary in chapter
120, the department may suspend the license or identification card of any person without
preliminary hearing upon a showing of its records or other sufficient evidence that the
licensee or cardholder:
Has committed an offense for which mandatory revocation of license is required
upon conviction. A law enforcement agency must provide information to the department
within 24 hours after any traffic fatality or when the law enforcement agency initiates
action pursuant to s. 316.1933;
Has been convicted of a violation of any traffic law which resulted in a crash that
caused the death or personal injury of another or property damage in excess of $500;
Is incompetent to drive a motor vehicle;
Has permitted an unlawful or fraudulent use of the license or identification card or
has knowingly been a party to the obtaining of a license or identification card by fraud or
misrepresentation or to the display, or representation as one’s own, of a driver license or
identification card not issued to him or her. This section does not include the provisions
of s. 322.32(1);
Has committed an offense in another state which, if committed in this state, would be
grounds for suspension or revocation; or
Has committed a second or subsequent violation of s. 316.172(1) within a 5year
period of any previous violation.
The department shall suspend the license of any person without preliminary hearing
upon a showing of its records that the licensee has been convicted in any court having
jurisdiction over
offenses committed under this chapter or any other law of this state regulating the
operation of a motor vehicle on the highways, upon direction of the court, when the court
feels that the seriousness of the offense and the circumstances surrounding the conviction
warrant the suspension of the licensee’s driving privilege.
There is established a point system for evaluation of convictions of violations of
motor vehicle laws or ordinances, and violations of applicable provisions of s. 403.413(6)
(b) when such violations involve the use of motor vehicles, for the determination of the
continuing qualification of any person to operate a motor vehicle. The department is
authorized to suspend the license of any person upon showing of its records or other good
and sufficient evidence that the licensee has been convicted of violation of motor vehicle
laws or ordinances, or applicable provisions of s. 403.413(6)(b), amounting to 12 or more
points as determined by the point system. The suspension shall be for a period of not
more than 1 year.
When a licensee accumulates 12 points within a 12month period, the period of
suspension shall be for not more than 30 days.
When a licensee accumulates 18 points, including points upon which suspension
action is taken under paragraph (a), within an 18month period, the suspension shall be
for a period of not more than 3 months.
When a licensee accumulates 24 points, including points upon which suspension
action is taken under paragraphs (a) and (b), within a 36month period, the suspension
shall be for a period
of not more than 1 year.
The point system shall have as its basic element a graduated scale of points assigning
relative values to convictions of the following violations:
Reckless driving, willful and wanton—4 points.
Leaving the scene of a crash resulting in property damage of more than $50—6
points.
Unlawful speed, or unlawful use of a wireless communications device, resulting in a
crash—6 points.
Passing a stopped school bus—4 points.
Unlawful speed:
a. Not in excess of 15 miles per hour of lawful or posted speed —3 points.
b. In excess of 15 miles per hour of lawful or posted speed—4 points.
A violation of a traffic control signal device as provided in s. 316.074(1) or s.
316.075(1)(c)1.—4 points. However, no points shall be imposed for a violation of s.
316.074(1) or s. 316.075(1) (c)1. when a driver has failed to stop at a traffic signal and
when enforced by a traffic infraction enforcement officer. In addition, a violation of s.
316.074(1) or s. 316.075(1)(c)1. when a driver has failed to stop at a traffic signal and
when enforced by a traffic infraction enforcement officer may not be used for purposes of
setting motor vehicle insurance rates.
All other moving violations (including parking on a highway
outside the limits of a municipality)—3 points. However, no points shall be imposed for a
violation of s. 316.0741 or s. 316.2065(11); and points shall be imposed for a violation of
s.
316.1001 only when imposed by the court after a hearing pursuant to s. 318.14(5).
Any moving violation covered in this paragraph, excluding unlawful speed and
unlawful use of a wireless communications device, resulting in a crash—4 points.
Any conviction under s. 403.413(6)(b)—3 points.
Any conviction under s. 316.0775(2)—4 points.
A moving violation covered in this paragraph which is committed in conjunction
with the unlawful use of a wireless communications device within a school safety zone—
2 points, in addition to the points assigned for the moving violation.
A conviction in another state of a violation therein which, if committed in this state,
would be a violation of the traffic laws of this state, or a conviction of an offense under
any federal law substantially conforming to the traffic laws of this state, except a
violation of s. 322.26, may be recorded against a driver on the basis of the same number
of points received had the conviction been made in a court of this state.
In computing the total number of points, when the licensee reaches the danger zone,
the department is authorized to send the licensee a warning letter advising that any further
convictions may result in suspension of his or her driving privilege.
The department shall administer and enforce the provisions of this law and may make
rules and regulations necessary for its
administration.
Three points shall be deducted from the driver history record of any person whose
driving privilege has been suspended only once pursuant to this subsection and has been
reinstated, if such person has complied with all other requirements of this chapter.
This subsection does not apply to persons operating a nonmotorized vehicle for
which a driver license is not required.
The department, in computing the points and period of time for suspensions under
this section, shall use the offense date of all convictions.
(a) The department shall revoke the license of any person designated a habitual
offender, as set forth in s. 322.264, and such person is not eligible to be relicensed for a
minimum of 5 years from the date of revocation, except as provided for in s. 322.271.
Any person whose license is revoked may, by petition to the department, show cause why
his or her license should not be revoked.
If a person whose driver license has been revoked under paragraph (a) as a result of a
third violation of driving a motor vehicle while his or her license is suspended or revoked
provides proof of compliance for an offense listed in s. 318.14(10)(a)1.5., the clerk of
court shall submit an amended disposition to remove the habitual traffic offender
designation.
The department shall revoke the driving privilege of any person who is convicted of a
felony for the possession of a controlled substance if, at the time of such possession, the
person
was driving or in actual physical control of a motor vehicle. A person whose driving
privilege has been revoked pursuant to this subsection is not eligible to receive a limited
business or employment purpose license during the term of such revocation.
Review of an order of suspension or revocation shall be by writ of certiorari as
provided in s. 322.31.
322.274. Automatic revocation of driver license.
The driver license of any person convicted hereunder of theft of any motor vehicle or
parts or components of a motor vehicle shall be revoked. If such revocation shall not be
ordered by the court, the Department of Highway Safety and Motor Vehicles shall
forthwith revoke the same. The department shall not consider the convicted person’s
application for reinstatement of such revoked license until the expiration of the full term
of the sentence imposed, whether served during actual imprisonment, probation, parole,
or suspension.
It shall be grounds for the revocation of any person’s parole or probation if he or she
operates a motor vehicle while his or her license is revoked pursuant to this chapter.
However, it shall be within the discretion of the trial judge who imposes sentence upon
the person convicted hereunder to direct the reinstatement of the person’s driver license
on a limited basis after a reasonable time.
322.28. Period of suspension or revocation.
Unless otherwise provided by this section, the department shall not suspend a license
for a period of more than 1 year and, upon revoking a license, in any case except in a
prosecution for
the offense of driving a motor vehicle while under the influence of alcoholic beverages,
chemical substances as set forth in s. 877.111, or controlled substances, shall not in any
event grant a new license until the expiration of 1 year after such revocation.
In a prosecution for a violation of s. 316.193 or former s.
316.1931, the following provisions apply:
Upon conviction of the driver, the court, along with imposing sentence, shall revoke
the driver license or driving privilege of the person so convicted, effective on the date of
conviction, and shall prescribe the period of such revocation in accordance with the
following provisions:
Upon a first conviction for a violation of the provisions of s. 316.193, except a
violation resulting in death, the driver license or driving privilege shall be revoked for at
least 180 days but not more than 1 year.
Upon a second conviction for an offense that occurs within a period of 5 years after
the date of a prior conviction for a violation of the provisions of s. 316.193 or former s.
316.1931 or a combination of such sections, the driver license or driving privilege shall
be revoked for at least 5 years.
Upon a third conviction for an offense that occurs within a period of 10 years after
the date of a prior conviction for the violation of the provisions of s. 316.193 or former s.
316.1931 or a combination of such sections, the driver license or driving privilege shall
be revoked for at least 10 years.
For the purposes of this paragraph, a previous conviction outside this state for driving
under the influence, driving while
intoxicated, driving with an unlawful bloodalcohol level, or any other alcoholrelated or
drugrelated traffic offense similar to the offense of driving under the influence as
proscribed by s. 316.193 will be considered a previous conviction for violation of s.
316.193, and a conviction for violation of former s. 316.028, former s. 316.1931, or
former s. 860.01 is considered a conviction for violation of s. 316.193.
If the period of revocation was not specified by the court at the time of imposing
sentence or within 30 days thereafter, and is not otherwise specified by law, the
department shall forthwith revoke the driver license or driving privilege for the maximum
period applicable under paragraph (a) for a first conviction and for the minimum period
applicable under paragraph (a) for any subsequent convictions. The driver may, within 30
days after such revocation by the department, petition the court for further hearing on the
period of revocation, and the court may reopen the case and determine the period of
revocation within the limits specified in paragraph (a).
The forfeiture of bail bond, not vacated within 20 days, in any prosecution for the
offense of driving while under the influence of alcoholic beverages, chemical substances,
or controlled substances to the extent of depriving the defendant of his or her normal
faculties shall be deemed equivalent to a conviction for the purposes of this paragraph,
and the department shall forthwith revoke the defendant’s driver license or driving
privilege for the maximum period applicable under paragraph (a) for a first conviction
and for the minimum period applicable under paragraph (a) for a second or subsequent
conviction; however, if the defendant is later convicted of the charge, the period of
revocation imposed by the department for such conviction shall not exceed the difference
between the applicable maximum for a first conviction or minimum for a second or
subsequent conviction and the revocation period under this subsection that has actually
elapsed; upon conviction of such charge, the court may impose revocation for a period of
time as specified in paragraph (a). This paragraph does not apply if an appropriate motion
contesting the forfeiture is filed within the 20day period.
The court shall permanently revoke the driver license or driving privilege of a person
who has been convicted four times for violation of s. 316.193 or former s. 316.1931 or a
combination of such sections. The court shall permanently revoke the driver license or
driving privilege of any person who has been convicted of DUI manslaughter in violation
of s. 316.193. If the court has not permanently revoked such driver license or driving
privilege within 30 days after imposing sentence, the department shall permanently
revoke the driver license or driving privilege pursuant to this paragraph. No driver license
or driving privilege may be issued or granted to any such person. This paragraph applies
only if at least one of the convictions for violation of s. 316.193 or former s. 316.1931
was for a violation that occurred after July 1, 1982. For the purposes of this paragraph, a
conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 is
also considered a conviction for violation of s. 316.193. Also, a conviction of driving
under the influence, driving while intoxicated, driving with an unlawful bloodalcohol
level, or any other similar alcoholrelated or drugrelated traffic offense outside this state
is considered a conviction for the purposes of this paragraph.
Convictions that occur on the same date resulting from separate offense dates shall be
treated as separate convictions, and the offense that occurred earlier will be deemed a
prior conviction for the purposes of this section.
The court shall permanently revoke the driver license or driving privilege of a person
who has been convicted of murder resulting from the operation of a motor vehicle. No
driver license or driving privilege may be issued or granted to any such person.
(a) Upon a conviction for a violation of s. 316.193(3)(c)2., involving serious bodily
injury, a conviction of manslaughter resulting from the operation of a motor vehicle, or a
conviction of vehicular homicide, the court shall revoke the driver license of the person
convicted for a minimum period of 3 years. If a conviction under s. 316.193(3)(c)2.,
involving serious bodily injury, is also a subsequent conviction as described under
paragraph (2)(a), the court shall revoke the driver license or driving privilege of the
person convicted for the period applicable as provided in paragraph (2)(a) or paragraph
(2)(d).
Upon a conviction for a violation of s. 316.027(2)(a), (b), or
involving injury, serious bodily injury, or death, the court shall revoke the driver license
of the person convicted for a minimum period of 3 years.
If the period of revocation was not specified by the court at the time of imposing
sentence or within 30 days thereafter, the department shall revoke the driver license for
the minimum period applicable under paragraph (a) or paragraph (b) or, for a subsequent
conviction, for the minimum period applicable under paragraph (2)(a) or paragraph (2)
(d).
A court may not stay the administrative suspension of a driving privilege under s.
322.2615 or s. 322.2616 during judicial review of the departmental order that resulted in
such suspension, and a suspension or revocation of a driving privilege may not be stayed
upon an appeal of the conviction or order that resulted in the suspension or revocation.
In a prosecution for a violation of s. 316.172(1), and upon a showing of the
department’s records that the licensee has received a second conviction within 5 years
following the date of a prior conviction of s. 316.172(1), the department shall, upon
direction of the court, suspend the driver license of the person convicted for a period of at
least 90 days but not more than 6 months.
Following a second or subsequent violation of s. 796.07(2)
which involves a motor vehicle and which results in any judicial disposition other than
acquittal or dismissal, in addition to any other sentence imposed, the court shall revoke
the person’s driver license or driving privilege, effective upon the date of the disposition,
for a period of at least 1 year. A person sentenced under this subsection may request a
hearing under s. 322.271.
322.32. Unlawful use of license.
It is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083, for any person:
To display, cause or permit to be displayed, or have in his or her possession any
canceled, revoked, suspended, or disqualified driver license knowing that such license
has been canceled, revoked, suspended, or disqualified.
The element of knowledge is satisfied if:
The person has been cited as provided in s. 322.34(1), and any cancellation, revocation,
or suspension in effect at that time remains in effect; or
The person admits to knowledge of the cancellation, suspension, or revocation; or
The person received notice as provided in paragraph (c).
In any proceeding for a violation of this section, a court may consider evidence, other
than that specified in paragraph (a), that a person knowingly possessed a canceled, suspended,
or revoked driver license.
Any judgment or order rendered by a court or adjudicatory body or any uniform traffic
citation that cancels, suspends, or revokes a person’s driver license must contain a provision
notifying the person that his or her driver license or driving privilege has been canceled,
suspended, or revoked.
To lend his or her driver license to any other person or knowingly permit the use thereof
by another.
To display, or represent as his or her own, any driver license not issued to him or her.
To fail or refuse to surrender to the department or to any law enforcement officer, upon
lawful demand, any driver license in his or her possession that has been suspended, revoked,
disqualified, or canceled.
To permit any unlawful use of a driver license issued to him or her.
To apply for, obtain, or cause to be issued to him or her two
or more photographic driver licenses which are in different names. The issuance of such
licenses shall be prima facie evidence that the licensee has violated the provisions of this
section unless the issuance was in compliance with the requirements of this chapter.
To do any act forbidden, or fail to perform any act required, by this chapter.
322.34. Driving while license suspended, revoked, canceled, or disqualified.
Except as provided in subsection (2), any person whose driver license or driving
privilege has been canceled, suspended, or revoked, except a “habitual traffic offender”
as defined in s. 322.264, who drives a vehicle upon the highways of this state while such
license or privilege is canceled, suspended, or revoked is guilty of a moving violation,
punishable as provided in chapter 318.
Any person whose driver license or driving privilege has been canceled, suspended,
or revoked as provided by law, except persons defined in s. 322.264, who, knowing of
such cancellation, suspension, or revocation, drives any motor vehicle upon the highways
of this state while such license or privilege is canceled, suspended, or revoked, upon:
A first conviction is guilty of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
A second conviction is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
A third or subsequent conviction is guilty of a felony of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084.
The element of knowledge is satisfied if the person has been previously cited as
provided in subsection (1); or the person admits to knowledge of the cancellation,
suspension, or revocation; or the person received notice as provided in subsection (4).
There shall be a rebuttable presumption that the knowledge requirement is satisfied if a
judgment or order as provided in subsection (4) appears in the department’s records for
any case except for one involving a suspension by the department for failure to pay a
traffic fine or for a financial responsibility violation.
In any proceeding for a violation of this section, a court may consider evidence, other
than that specified in subsection (2), that the person knowingly violated this section.
Any judgment or order rendered by a court or adjudicatory body or any uniform
traffic citation that cancels, suspends, or revokes a person’s driver license must contain a
provision notifying the person that his or her driver license has been canceled, suspended,
or revoked.
Any person whose driver license has been revoked pursuant to s. 322.264 (habitual
offender) and who drives any motor vehicle upon the highways of this state while such
license is revoked is guilty of a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Any person who operates a motor vehicle:
(a) Without having a driver license as required under s. 322.03;
or
While his or her driver license or driving privilege is canceled, suspended, or revoked
pursuant to s. 316.655, s. 322.26(8), s. 322.27(2), or s. 322.28(2) or (4),
and who by careless or negligent operation of the motor vehicle causes the death of
or serious bodily injury to another human being commits a felony of the third degree,
punishable as provided in s. 775.082 or s. 775.083.
Any person whose driver license or driving privilege has been canceled, suspended,
revoked, or disqualified and who drives a commercial motor vehicle on the highways of
this state while such license or privilege is canceled, suspended, revoked, or disqualified,
upon:
A first conviction is guilty of a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
A second or subsequent conviction is guilty of a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(a) Upon the arrest of a person for the offense of driving while the person’s driver
license or driving privilege is suspended or revoked, the arresting officer shall determine:
Whether the person’s driver license is suspended or revoked.
Whether the person’s driver license has remained suspended or revoked since a
conviction for the offense of driving with a suspended or revoked license.
Whether the suspension or revocation was made under s. 316.646 or s. 627.733,
relating to failure to maintain required security, or under s. 322.264, relating to habitual
traffic offenders.
Whether the driver is the registered owner or coowner of the vehicle.
If the arresting officer finds in the affirmative as to all of the criteria in paragraph (a),
the officer shall immediately impound or immobilize the vehicle.
Within 7 business days after the date the arresting agency impounds or immobilizes
the vehicle, either the arresting agency or the towing service, whichever is in possession
of the vehicle, shall send notice by certified mail to any coregistered owners of the
vehicle other than the person arrested and to each person of record claiming a lien against
the vehicle. All costs and fees for the impoundment or immobilization, including the cost
of notification, must be paid by the owner of the vehicle or, if the vehicle is leased, by the
person leasing the vehicle.
Either the arresting agency or the towing service, whichever is in possession of the
vehicle, shall determine whether any vehicle impounded or immobilized under this
section has been leased or rented or if there are any persons of record with a lien upon the
vehicle. Either the arresting agency or the towing service, whichever is in possession of
the vehicle, shall notify by express courier service with receipt or certified mail within 7
business days after the date of the immobilization or impoundment of the vehicle, the
registered owner and all persons having a recorded lien against the vehicle that the
vehicle has been impounded or immobilized. A lessor, rental car company, or
lienholder may then obtain the vehicle, upon payment of any lawful towing or storage
charges. If the vehicle is a rental vehicle subject to a written contract, the charges may be
separately charged to the renter, in addition to the rental rate, along with other separate
fees, charges, and recoupments disclosed on the rental agreement. If the storage facility
fails to provide timely notice to a lessor, rental car company, or lienholder as required by
this paragraph, the storage facility shall be responsible for payment of any towing or
storage charges necessary to release the vehicle to a lessor, rental car company, or
lienholder that accrue after the notice period, which charges may then be assessed against
the driver of the vehicle if the vehicle was lawfully impounded or immobilized.
Failing to maintain vehicular financial responsibility as required by chapter 324;
Failing to comply with attendance or other requirements for minors as set forth in s.
322.091; or
Having been designated a habitual traffic offender under s. 322.264(1)(d) as a result
of suspensions of his or her driver license or driver privilege for any underlying violation
listed in
subparagraphs 1.5.
1. Upon a first conviction for knowingly driving while his or her license is
suspended, revoked, or canceled for any of the underlying violations listed in
subparagraphs (a)1.6., a person commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083.
Upon a second or subsequent conviction for the same offense of knowingly driving
while his or her license is suspended, revoked, or canceled for any of the underlying
violations listed in subparagraphs (a)1.6., a person commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
(a) A person who does not hold a commercial driver license and who is cited for an
offense of knowingly driving while his or her license is suspended, revoked, or canceled
for any of the underlying violations listed in paragraph (10)(a) may, in lieu of payment of
fine or court appearance, elect to enter a plea of nolo contendere and provide proof of
compliance to the clerk of the court, designated official, or authorized operator of a traffic
violations bureau. In such case, adjudication shall be withheld. However, no election
shall be made under this subsection if such person has made an election under this
subsection during the preceding 12 months. A person may not make more than three
elections under this subsection.
If adjudication is withheld under paragraph (a), such action is not a conviction.
322.36. Permitting unauthorized operator to drive.
A person may not authorize or knowingly permit a motor
vehicle owned by him or her or under his or her dominion or control to be operated upon
any highway or public street except by a person who is duly authorized to operate a
motor vehicle under this chapter. Any person who violates this section commits a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. If
a person violates this section by knowingly loaning a vehicle to a person whose driver
license is suspended and if that vehicle is involved in an accident resulting in bodily
injury or death, the driver license of the person violating this section shall be suspended
for 1 year.
322.37. Employing unlicensed driver.
No person shall employ as a driver of a motor vehicle any person not then licensed to
operate such vehicle as provided in this chapter. Violation of this section is a noncriminal
traffic infraction subject to the penalty provided in s. 318.18(2).
322.38. Renting motor vehicle to another.
No person shall rent a motor vehicle to any other person unless the latter person is
then duly licensed, or if a nonresident he or she shall be licensed under the laws of the
state or country of his or her residence, except a nonresident whose home state or country
does not require that an operator be licensed.
No person shall rent a motor vehicle to another until he or she has inspected the
driver license of the person to whom the vehicle is to be rented, and compared and
verified the signature thereon with the signature of such person written in his or her
presence.
Every person renting a motor vehicle to another shall keep a record of the registration
number of the motor vehicle so rented, the name and address of the person to whom the
vehicle is rented, the number of the license of said latter person, and the date and place
when and where the said license was issued. Such record shall be open to inspection by
any police officer, or officer or employee of the department.
322.39. Penalties.
It is a misdemeanor for any person to violate any of the provisions of this chapter,
unless such violation is declared to be otherwise by this chapter or other law of this state.
Unless another penalty is provided in this chapter or by the laws of this state, a
person convicted of a misdemeanor for the violation of a provision of this chapter is
guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s.
775.083.
322.62. Driving under the influence; commercial motor vehicle
operators.
A person who has any alcohol in his or her body may not drive or be in actual
physical control of a commercial motor vehicle in this state. Any person who violates this
section is guilty of a moving violation, punishable as provided in s. 318.18.
(a) In addition to the penalty provided in subsection (1), a person who violates this
section shall be placed outofservice immediately for a period of 24 hours.
In addition to the penalty provided in subsection (1), a
person who violates this section and who has a bloodalcohol level of 0.04 or more grams
of alcohol per 100 milliliters of blood, or a breathalcohol level of 0.04 or more grams of
alcohol per 210 liters of breath is subject to the penalty provided in s. 322.61.
This section does not supersede s. 316.193. Nothing in this section prohibits the
prosecution of a person who drives a commercial motor vehicle for driving under the
influence of alcohol or controlled substances whether or not such person is also
prosecuted for a violation of this section.
322.64. Holder of commercial driver license; persons operating a commercial
motor vehicle; driving with unlawful bloodalcohol level; refusal to submit to
breath, urine, or blood test.
(a) A law enforcement officer or correctional officer shall, on behalf of the
department, disqualify from operating any commercial motor vehicle a person who while
operating or in actual physical control of a commercial motor vehicle is arrested for a
violation of s. 316.193, relating to unlawful bloodalcohol level or breathalcohol level,
or a person who has refused to submit to a breath, urine, or blood test authorized by s.
322.63 or s. 316.1932 arising out of the operation or actual physical control of a
commercial motor vehicle. A law enforcement officer or correctional officer shall, on
behalf of the department, disqualify the holder of a commercial driver license from
operating any commercial motor vehicle if the licenseholder, while operating or in actual
physical control of a motor vehicle, is arrested for a violation of s. 316.193, relating to
unlawful bloodalcohol level or
breathalcohol level, or refused to submit to a breath, urine, or blood test authorized by s.
322.63 or s. 316.1932. Upon disqualification of the person, the officer shall take the
person’s driver license and issue the person a 10day temporary permit for the operation
of noncommercial vehicles only if the person is otherwise eligible for the driving
privilege and shall issue the person a notice of disqualification. If the person has been
given a blood, breath, or urine test, the results of which are not available to the officer at
the time of the arrest, the agency employing the officer shall transmit such results to the
department within 5 days after receipt of the results. If the department then determines
that the person had a bloodalcohol level or breathalcohol level of 0.08 or higher, the
department shall disqualify the person from operating a commercial motor vehicle
pursuant to subsection (3).
For purposes of determining the period of disqualification described in 49 C.F.R. s.
383.51, a disqualification under paragraph (a) shall be considered a conviction.
The disqualification under paragraph (a) shall be pursuant to, and the notice of
disqualification shall inform the driver of, the following:
a. The driver refused to submit to a lawful breath, blood, or urine test and he or she is
disqualified from operating a commercial motor vehicle for the time period specified in
49 C.F.R. s. 383.51; or
b. The driver had an unlawful bloodalcohol level of 0.08 or higher while driving or
in actual physical control of a commercial motor vehicle, or any motor vehicle if the
driver holds a commercial driver license, and his or her driving privilege is
disqualified for the time period specified in 49 C.F.R. s. 383.51.
The disqualification period for operating commercial vehicles shall commence on the
date of issuance of the notice of disqualification.
The driver may request a formal or informal review of the disqualification by the
department within 10 days after the date of issuance of the notice of disqualification.
The temporary permit issued at the time of disqualification expires at midnight of the
10th day following the date of disqualification.
The driver may submit to the department any materials relevant to the
disqualification.
(a) Except as provided in paragraph (1)(a), the law enforcement officer shall forward
to the department, within 5 days after the date of the issuance of the notice of
disqualification, a copy of the notice of disqualification, the driver license of the person
disqualified, and an affidavit stating the officer’s grounds for belief that the person
disqualified was operating or in actual physical control of a commercial motor vehicle, or
holds a commercial driver license, and had an unlawful bloodalcohol or breathalcohol
level; the results of any breath or blood or urine test or an affidavit stating that a breath,
blood, or urine test was requested by a law enforcement officer or correctional officer and
that the person arrested refused to submit; a copy of the notice of disqualification issued
to the person; and the officer’s description of the person’s field sobriety test, if any. The
failure of the officer to submit materials within the 5day period specified in this
subsection or subsection (1) does not affect the department’s
ability to consider any evidence submitted at or prior to the hearing.
The officer may also submit a copy of a video recording of the field sobriety test or
the attempt to administer such test and a copy of the crash report. Notwithstanding s.
316.066, the crash report shall be considered by the hearing officer.
If the department determines that the person arrested should be disqualified from
operating a commercial motor vehicle pursuant to this section and if the notice of
disqualification has not already been served upon the person by a law enforcement officer
or correctional officer as provided in subsection (1), the department shall issue a notice of
disqualification and, unless the notice is mailed pursuant to s. 322.251, a temporary
permit which expires 10 days after the date of issuance if the driver is otherwise eligible.
If the person disqualified requests an informal review pursuant to subparagraph (1)
(c)3., the department shall conduct the informal review by a hearing officer designated by
the department. Such informal review hearing shall consist solely of an examination by
the department of the materials submitted by a law enforcement officer or correctional
officer and by the person disqualified, and the presence of an officer or witness is not
required.
After completion of the informal review, notice of the department’s decision
sustaining, amending, or invalidating the disqualification must be provided to the person.
Such notice must be mailed to the person at the last known address shown on the
department’s records, and to the address provided in the law
enforcement officer’s report if such address differs from the address of record, within 21
days after the expiration of the temporary permit issued pursuant to subsection (1) or
subsection (3).
(a) If the person disqualified requests a formal review, the department must schedule
a hearing to be held within 30 days after such request is received by the department and
must notify the person of the date, time, and place of the hearing.
Such formal review hearing shall be held before a hearing officer designated by the
department, and the hearing officer shall be authorized to administer oaths, examine
witnesses and take testimony, receive relevant evidence, issue subpoenas for the officers
and witnesses identified in documents provided under paragraph (2)(a), regulate the
course and conduct of the hearing, and make a ruling on the disqualification. The hearing
officer may conduct hearings using communications technology. The department and the
person disqualified may subpoena witnesses, and the party requesting the presence of a
witness shall be responsible for the payment of any witness fees. If the person who
requests a formal review hearing fails to appear and the hearing officer finds such failure
to be without just cause, the right to a formal hearing is waived.
The failure of a subpoenaed witness to appear at the formal review hearing shall not
be grounds to invalidate the disqualification. If a witness fails to appear, a party may seek
enforcement of a subpoena under paragraph (b) by filing a petition for enforcement in the
circuit court of the judicial circuit in which the person failing to comply with the
subpoena resides or by filing a motion for enforcement in any criminal court case
resulting from the driving or actual physical control of a motor vehicle or commercial
motor vehicle that gave rise to the disqualification under this section. A failure to comply
with an order of the court shall result in a finding of contempt of court. However, a
person shall not be in contempt while a subpoena is being challenged.
The department must, within 7 working days after a formal review hearing, send
notice to the person of the hearing officer’s decision as to whether sufficient cause exists
to sustain, amend, or invalidate the disqualification.
In a formal review hearing under subsection (6) or an informal review hearing under
subsection (4), the hearing officer shall determine by a preponderance of the evidence
whether sufficient cause exists to sustain, amend, or invalidate the disqualification. The
scope of the review shall be limited to the following issues:
If the person was disqualified from operating a commercial motor vehicle for driving
with an unlawful bloodalcohol level:
Whether the law enforcement officer had probable cause to believe that the person
was driving or in actual physical control of a commercial motor vehicle, or any motor
vehicle if the driver holds a commercial driver license, in this state while he or she had
any alcohol, chemical substances, or controlled substances in his or her body.
Whether the person had an unlawful bloodalcohol level or breathalcohol level of
0.08 or higher.
If the person was disqualified from operating a commercial
motor vehicle for refusal to submit to a breath, blood, or urine test:
Whether the law enforcement officer had probable cause to believe that the person
was driving or in actual physical control of a commercial motor vehicle, or any motor
vehicle if the driver holds a commercial driver license, in this state while he or she had
any alcohol, chemical substances, or controlled substances in his or her body.
Whether the person refused to submit to the test after being requested to do so by a
law enforcement officer or correctional officer.
Whether the person was told that if he or she refused to submit to such test he or she
would be disqualified from operating a commercial motor vehicle for a period of 1 year
or, if previously disqualified under this section, permanently.
Based on the determination of the hearing officer pursuant to subsection (7) for both
informal hearings under subsection (4) and formal hearings under subsection (6), the
department shall sustain the disqualification for the time period described in 49 C.F.R. s.
383.51. The disqualification period commences on the date of the issuance of the notice
of disqualification.
A request for a formal review hearing or an informal review hearing shall not stay the
disqualification. If the department fails to schedule the formal review hearing within 30
days after receipt of the request therefor, the department shall invalidate the
disqualification. If the scheduled hearing is continued at the department’s initiative or the
driver enforces the subpoena as provided in subsection (6), the department shall issue a
temporary
driving permit limited to noncommercial vehicles which is valid until the hearing is
conducted if the person is otherwise eligible for the driving privilege. Such permit shall
not be issued to a person who sought and obtained a continuance of the hearing. The
permit issued under this subsection shall authorize driving for business purposes only.
A person who is disqualified from operating a commercial motor vehicle under
subsection (1) or subsection (3) is eligible for issuance of a license for business or
employment purposes only under s. 322.271 if the person is otherwise eligible for the
driving privilege. However, such business or employment purposes license shall not
authorize the driver to operate a commercial motor vehicle.
The formal review hearing may be conducted upon a review of the reports of a law
enforcement officer or a correctional officer, including documents relating to the
administration of a breath test or blood test or the refusal to take either test. However, as
provided in subsection (6), the driver may subpoena the officer or any person who
administered or analyzed a breath or blood test. If the arresting officer or the breath
technician fails to appear pursuant to a subpoena as provided in subsection (6), the
department shall invalidate the disqualification.
The formal review hearing and the informal review hearing are exempt from the
provisions of chapter 120. The department may adopt rules for the conduct of reviews
under this section.
A person may appeal any decision of the department
sustaining the disqualification from operating a commercial motor vehicle by a petition
for writ of certiorari to the circuit court in the county wherein such person resides or
wherein a formal or informal review was conducted pursuant to s. 322.31. However, an
appeal shall not stay the disqualification. This subsection shall not be construed to
provide for a de novo review.
The decision of the department under this section shall not be considered in any trial
for a violation of s. 316.193, s. 322.61, or s. 322.62, nor shall any written statement
submitted by a person in his or her request for departmental review under this section be
admissible into evidence against him or her in any such trial. The disposition of any
related criminal proceedings shall not affect a disqualification imposed pursuant to this
section.
This section does not preclude the suspension of the driving privilege pursuant to s.
322.2615. The driving privilege of a person who has been disqualified from operating a
commercial motor vehicle also may be suspended for a violation of s. 316.193.
CHAPTER 324
FINANCIAL RESPONSIBILITY
324.201. Return of license or registration to department.
Any person whose license or registration shall have been suspended as herein
provided; whose policy of insurance or bond, when required under this chapter, shall
have been canceled or terminated; or who shall neglect to furnish other proof upon the
request of the department shall immediately return his or her license and registrations to
the department. If any person shall fail to return to the department the license or
registrations as provided herein, the department shall issue a complaint to a court of
competent jurisdiction which shall issue a warrant charging such person with a
misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
Such person shall surrender to the court his or her driver license, registration, and plates
for delivery to the department. For the service and execution of such warrant the sheriff
shall receive the arrest and other fees authorized by law.
It shall be unlawful for any person whose license has been suspended to operate any
motor vehicle or for any person whose registrations have been suspended to obtain
another motor vehicle for the purpose of circumventing this chapter.
If a law enforcement officer determines that a person operating a motor vehicle is
also the owner or registrant, or the coowner or coregistrant, of the motor vehicle and is
operating the motor vehicle with a driver license or vehicle registration that has been
under suspension pursuant to a violation of this chapter for a period of at least 30 days,
the police officer shall immediately
seize the license plate of the motor vehicle.
All information obtained by the department regarding compliance with the provisions
of this chapter shall be made available to all law enforcement agencies for the purpose of
enforcing this chapter. Law enforcement agencies may utilize that information to seize
the license plate of any motor vehicle which has a suspended registration as a result of
noncompliance by the operator or owner of the motor vehicle under the provisions of this
chapter.
MiamiDade Ordinances
Frequently Used Phone Numbers in MiamiDade County
American Red Cross 305644120
Animal Control 305884110
Aventura Police Department 305466898
Bal Harbour Police Department 305866500
Bay Harbor Islands Police Department 305866624
Biscayne Park Police Department 305893794
City of Doral Police Department 305593669
Coral Gables Police Department 305442160
El Portal Police Department 305795787
Florida Abuse Hotline 800962287
Florida City Police Department 305247822
Florida Highway Patrol – Troop E 305470250
Florida Highway patrol – Turnpike 561357401
Florida International University PD 305348591
Golden Beach Police Department 305935094
Hialeah Gardens Police Department 305558333
Hialeah Police Department 305687252
Homestead Police Department 305247153
Human Trafficking Hotline 888373788
Human Trafficking Hotline SAO 305350556
Indian Creek Village Police Department 305866244
Juvenile Assessment Center 305755620
Juvenile Detention Center 305637450
Key Biscayne Police Department 305365899
MDPD Airport District 305876737
MDPD Civil Process 305375510
MDPD Hammocks District 305383680
MDPD Homicide Bureau 305471240
MDPD Intracoastal District 305940998
MDPD Kendall District 305279692
MDPD Midwest District 305471280
MDPD NonEmergency 305476542
MDPD Northside District 305836860
MDPD Northwest District 305698150
MDPD Records Bureau 305471208
MDPD South District 305378430
MDPD SVB Domestic Crimes 305418720
MDPD SVB – Sex Crimes 305715330
Medley Police Department 305883204
MiamiDade County Clerk of the Courts 305275115
Miami Dade Corrections Dept. – DCJ 786263410
Miami Dade Corrections Dept. – TGK 786263560
MiamiDade County Code Enforcement 786315242
MiamiDade County Medical Examiner 305545240
MiamiDade County Public Schools PD 305995267
MiamiDade Fire Rescue 786331500
Miami Gardens Police Department 305474647
Miami Shores Police Department 305759246
Miami Springs Police Department 305805510
Miami Veteran’s Hospital (VA) 305575700
Miccosukee Police Department 305223160
North Bay Village Police Department 305758262
North Miami Police Department 305891811
North Miami Beach Police Department 305662765
OpaLocka Police Department 305681103
Pinecrest Police Department 305234210
Senior’s Help 305646360
South Miami Police Department 305663630
State Attorney’s Office/Child Support 305530260
State Attorney’s Office/Domestic Vio. 305349583
State Attorney’s Office/Worthless Check 305547017
Suicide Prevention Lifeline 800273825
Sunny Isles Beach Police Department 305947444
Surfside Police Department 305861486
Sweetwater Police Department 305552990
Switchboard of Miami 305358435
Town of Cutler Bay Police Department 305234423
Town of Miami Lakes PD 305827402
Traffic Ticket Information 305275115
Veteran’s Crisis Hotline 8002738255 press
Village of Palmetto Bay PD 305278400
Virginia Gardens Police Department 305871314
West Miami Police Department 305266053
Contents
CHAPTER 1 GENERAL PROVISIONS
15. General penalty; compliance; civil liability; criminal liability; penalties
CHAPTER 2 ADMINISTRATION
ARTICLE XIIIA NUISANCE ABATEMENT 298.4.
Legislative findings and intent 298.5. Definitions
298.6. Operating procedure
298.7. Public Nuisance Abatement Board
298.8. Costs
298.9. Appeals
298.10. Rights preserved
CHAPTER 5 ANIMALS AND FOWL
51. Definitions
52. Enforcement
53. Wild animals and reptiles
54. Cruelty to animals
55. Adoption of animals from the department; sterilization
requirements; requirements for animal rescue organizations; authority to
negotiate and enter into agreements
56. Vaccination against rabies for dogs, cats, and ferrets
57. Licenses required for all dogs; conditions for issuance of licenses
58. Voluntary registration of cats
59. Standards of care for kennels, breeders, pet dealers, and pet care centers
510. Requirements for sales of dogs and cats
511. Report and sale of license
512. Additional restrictions on sales of animals
513. Kennel, breeder, pet dealer, pet care center, and hobby breeder license
requirements; appeal procedures
513.1. Guard dogs
514. Trapping of dogs and cats
515. Transportation of animals
516. Taking of peafowl prohibited
517. Legislative intent
517.1. Definition and identification of a pit bull dog
517.2. Confinement of pit bull dogs
517.3. Evidence of financial responsibility required to be maintained by owners of
pit bull dogs
517.4. Registration of pit bull dogs
517.5. Enforcement
517.6. Time for compliance
520. Regulations on dogs in public areas
520.1. Confinement of intact female dog during estrus
521. Tethering of dogs
521.1. Dogs on rooftops
CHAPTER 7 BOATS, DOCKS AND WATERWAYS
ARTICLE I IN GENERAL
73. Swimming or fishing from road bridges
CHAPTER 8A BUSINESS REGULATIONS
ARTICLE I IN GENERAL
8A5. Prohibition of price gouging during declared state of emergency
ARTICLE IX LOCAL BUSINESS TAX RECEIPT 8A171.
Local business taxes imposed
8A172. Doing business without local business tax receipt
ARTICLE XIII COMMERCIAL VEHICLE IDENTIFICATION
8A276. Requirements
ARTICLE XVI MIAMIDADE COUNTY MOVING ORDINANCE
8A325. Definitions
8A326. Intent and application
8A330. Contract for service and disclosure statement required
8A331. Estimates of moving costs
8A345. Criminal penalties
CHAPTER 8CC CODE ENFORCEMENT
8CC5.1. MiamiDade County Diversion Program
8CC10. Schedule of civil penalties
CHAPTER 15 SOLID WASTE MANAGEMENT
prohibited; dumping or burying solid waste without proper authorization;
unauthorized delivery of solid waste at neighborhood trash and recycling
centers; declared public nuisance; presumption
CHAPTER 21 OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE II MINORS
216. Purchase or sale of certain articles by
218. Lodginghouse to report presence of
219. Tattooing
2110. False statement or credentials for gaining admission to prohibited places
2111. Minors engaging others for unlawful purpose
ARTICLE III WEAPONS
DIVISION 1 IN GENERAL
2114. Dangerous weapons; penalty; trial court
2114.1. Transmission of hoax substances
2115. Reserved
2116. Reserved
2117. Possession of weapons by felons, intoxicated persons, etc.
2118. Handling weapon in dangerous manner
2118.1. Reserved
2119. Disposition of weapons seized on arrest
2119.1. Reserved
2119.2. Reserved
2120. Reserved
DIVISION 3 ELECTRONIC CONTROL DEVICES
2120.20. Definitions
2120.25. Electronic control device must be kept secure
2120.26. Penalties
ARTICLE IV MISCELLANEOUS
2121. Alcoholic beverage establishments, solicitation of drinks in
2122. Sale, offer for sale, purchase with intent to sell and public display for sale of
synthetic cannabinoid herbal incense prohibited
2122.1. Sale, offer for sale, purchase with intent to sell and
public display for sale prohibited of synthetic stimulant bath salts, synthetic
cathinones, synthetic amphetamines and other synthetic stimulants that
mimic illegal drugs
2124. False alarms and reports
2125. Fire and police alarm systems; obstructing or interfering with
2126. Firefighters, policemen, service, execution of process; court order;
hindering, obstructing justice
2127. Fires; obedience to firefighters and police officers
2127.1. Merchandise—Selling, serving, vending in public rightsofway near
schools
2127.2. Same—Selling, serving, vending in public rightsof way near public parks
2128. Noises; unnecessary and excessive prohibited
2128.1. Openair concerts, musical broadcasts, etc
2129. Secondhand dealers
2129.1. Private business, advertising on public property prohibited; exceptions;
penalty; enforcement
2130. Offenses against public and private property
2130.01. Graffiti
2130.1. Public dance halls
2131. Reserved
violations
2136. Sidewalk solicitation of business; enforcement; penalty for section violation
2136.1. Street corner automobile window washers restricted
2144. Manholes; safety requirements; penalty
2147.1. Sexual activity in adult bookstores and adult video stores
ARTICLE V USED MOTOR VEHICLE PARTS DEALERS, WRECKERS AND
REBUILDERS
2150. Prohibition on aiming a laser pointer at an aircraft or manned police vehicle
2151. License to engage in business—Required; definition
2156. Records to be maintained
2157. Title certificate or documentation required prior to dismantling, wrecking,
or destroying motor vehicles
2158. Failure to submit reports or permit inspection
2159. Penalty
ARTICLE VII UNIFORM PENAL CODE
2181. Misdemeanor; adoption of State law; penalties
ARTICLE IX WELLS (OPEN IRRIGATION HOLES) IN AGRICULTURAL
FIELDS OPEN TO PUBLIC
21111. Definitions
21112. Abandoned wells
21113. Functional wells
21114. Permit required to open selfharvest agricultural field; requirements and
conditions prerequisite to issuance of permit
21115. Children under ten years of age prohibited from entering fields
21116. Posting of fields
21117. Violations and penalty
21118. Thefts of plants and fruits and trespass
ARTICLE XIII JUVENILE CURFEW PROGRAM
21201. Short title and applicability
21203. Definitions
21204. Curfew of juveniles
21205. Exceptions
21206. Procedures
21207. Responsibility of parents
21208. Responsibility of operators
21209. Notice
21210. Penalty or remedy for violations
21211. Enforcement
ARTICLE XVI BURGLAR ALARMS 21
276. Burglar alarms
ARTICLE XVII THE LAUREN BOOK CHILD SAFETY ORDINANCE
21277. Title
21278. Findings and Intent
21279. Applicability
21280. Definitions
21281. Sexual Offender and Sexual Predator Residence Prohibition; Penalties
21282. Exceptions
21283. Property Owners or Lessors Prohibited from Renting
Real Property to Certain Sexual Offenders or Sexual Predators; Penalties
21284. Sexual Offender and Sexual Predator Access to Parks and Child Care
Facilities Restricted; Penalties
21285. Loitering or prowling in child safety zone; penalties
ARTICLE XIX BOATING SAFETY
21287. Rafting
CHAPTER 25 AVIATION DEPARTMENT RULES AND REGULATIONS
251. General
252. Personal conduct
253. Commercial activity
254. Ground transportation
255. Public health
256. Safety hazards, dangerous articles and fueling operations
257. Tenant obligations
258. Control of landside traffic
259. Control of vehicular traffic on the air operations area
2510. Aircraft and Aircraft Operations
2511. Use of unmanned aircraft systems in proximity to county airports
CHAPTER 26 PARK AND RECREATION DEPARTMENT RULES AND
REGULATIONS
ARTICLE I IN GENERAL
261. Rules and regulations adopted
ARTICLE III THE SHANNON MELENDI ACT
2637. Definitions
26A2. Sanitary nuisances generally
26A4. Penalties for violation
26A5. Duty of police to report nuisances or unsanitary conditions
CHAPTER 28A SEAPORT SECURITY AND OPERATIONS
28A1. Legislative intent
28A2. Definitions; applicability of chapter provisions; disclaimer of liability; right
of access of public officers, etc.; use and enjoyment of premises; offenses
and penalties
28A3. Procedures governing the area of cargo operations and other restricted areas
28A4. Identification permit for vehicles and motor vehicles
28A5. Identification cards for persons
28A6. Licensing and permits for stevedores
28A7. Administrative review procedure
28A8. Identification
28A9. Freight security
28A10. Port watchmen, private security personnel
28A11. Fees
28A12. Prohibited conduct
28A13. Personal conduct
CHAPTER 30 TRAFFIC AND MOTOR VEHICLES
ARTICLE I IN GENERAL
30202. Definitions
30203. Applicability of chapter
30264.1. Voluntary registration
30264.2. Required registration of bicycles sold by retail dealers
30264.3. Defacing or removing serial numbers
30264.4. Reports of stolen or recovered bicycles
30264.6. Penalty
30273. Use of bicycle paths and bikeways by motor vehicles, motorcycles and
motordriven cycles prohibited
30283. Required position and method of turning at intersections; exception for
buses
30285.1. No turns; exception for buses
30292. Stopping, standing or parking prohibited in specified places
30293. Additional parking regulations
30303. Racing on highways
30367. Licensing of vehicles
30369.1. Storage, transportation of flammable liquids in motor vehicles
prohibited; exceptions
30371. School bus regulations
30378. Parking when meter indicates violation; maximum period; days effective;
parking within spaces
30379. Meter to be visible
30381. Use of slugs, etc.; damaging meters
30382. Use of unexpired time; maximum parking time
30384. Impounding vehicles
30388. Creation of emergency vehicle zones
30388.3. Parking prohibited at all times at certain places
30388.4. Parking prohibited at all times on certain streets
30388.5. Parking prohibited during certain hours within municipalities
30388.6. Parking time limited on certain streets within municipalities
30388.9. Unattended vehicles; stopping engine, setting brakes, parking on hill
30388.10. Obstruction of traffic by parking
30388.11. Stopping, standing or parking outside of municipalities
30388.12. Obstruction of public streets, highways, etc
30388.13. Alleys, parking in; obstructing
30388.14. All night parking
30388.15. Parking prohibited for certain purposes
30388.16. Schools, parking adjacent to
30388.17. Narrow streets, parking on
30388.18. Oneway streets, parking on left side
30388.19. Oneway roadways, parking on left side
30388.20. Hazardous or congested places, parking near
30388.21. Penalty for violation of Sections 30388.9 to 30
388.10
30388.22. Curb loading zones; designating
30388.23. Passenger curb loading zones; time limit
30388.24. Freight curb loading zones; time limit; passenger use
30388.25. Restricted parking zones, use
30388.26. Taxicab and bus operators; parking in other than stands and stops
30388.27. Taxicab stands and bus stops; use by other than taxicabs and buses
30388.28. Authority of bus operators to stop on roadway at designated bus stops
30388.29. Angle parking, obedience to signs
30388.30. Loading at angle to curb, permit required
30388.31. Trucks; parking prohibited in residential zones
30388.31.1. Parking prohibited for display for sale
30388.32. Penalty for violation of article
30389. Unlawful to wilfully abandon motor vehicles on the streets of the County;
notice; presumptions
30389.1. Uniform notice on illegally parked vehicle
30389.1A. Owner of car presumed to be violator
30389.2. Failure to comply with summons attached to
illegally parked vehicle
30389.4. Parking enforcement procedures
ARTICLE II PARKING SPACES FOR DISABLED PERSONS
30447. Penalty for misuse of specially marked parking spaces
ARTICLE III TOWING OF MOTOR VEHICLES 30461.
Definitions
30462. Towing license required
30465. Insurance requirements
30467. Decals; vehicle standards
30468. Manifest or trip records
30469. Towing safety standards
30471. Antidiscrimination
30473. Nonconsent towing without prior consent of vehicle owner or duly
authorized driver of vehicle
30474. Requirements for providing nonconsent tow services at request of property
owners
30475. Requirements for licensees and property owners pertaining to nonconsent
tows from private property
30476. Maximum immobilization, nonconsent towing and storage rates for
providing immobilization or tow services at the request of property owners
or police agencies
30477. Enforcement procedure; remedies; attorney’s fees; costs; and penalties
30478. Scope of article
CHAPTER 30B TRANSIT AGENCY RULES AND REGULATIONS
30B3. Applicability and penalties
30B4. Personal activities
CHAPTER 31 VEHICLES FOR HIRE
ARTICLE I IN GENERAL
3177. Prohibition on operation of vehicles transporting passengers for
compensation without authorization
ARTICLE VII REGULATION OF TRANSPORTATION NETWORK ENTITIES,
DRIVERS AND VEHICLES
31701. Definitions
31702. Transportation network entity license
31703. Transportation network entity drivers
31704. Duties of MiamiDade County Regulatory and Economic Resources
Department or successor department
31705. Rules for operation
31706. Fares and rates
31707. Insurance requirements
31708. Vehicle standards
31709. Enforcement of article
31710. Suspension and revocation proceedings
31711. Violations; penalties
31712. Special provisions
31713. Advertisement of services
CHAPTER 33 ZONING
ARTICLE I IN GENERAL
338. Certificate of use
3319.1. Display of vehicles and boats for sale on residential property
ARTICLE X ALCOHOLIC BEVERAGES 33
151. Hours and days of sale
CHAPTER 1
GENERAL PROVISIONS
15. General penalty; compliance; civil liability; criminal liability;
penalties.
Unless otherwise specifically provided herein, any person violating any of the
provisions of this Code shall be punished by a fine not to exceed five hundred dollars
($500.00) or by imprisonment in the county jail for a period not to exceed sixty
days, or by both such fine and imprisonment, in the discretion of the court having
jurisdiction over the cause. Any person who violates or fails to comply with this Code
shall also be subject to fines in accordance with Chapter 8CC of the Code of MiamiDade
County. Each day of violation or noncompliance shall constitute a separate offense.
[Remainder intentionally omitted.]
CHAPTER 2
ADMINISTRATION
ARTICLE XIIIA
NUISANCE ABATEMENT
298.4. Legislative findings and intent.
This article [Ordinance No. 9242] is enacted pursuant to the provisions of the
MiamiDade County Home Rule Charter and Florida Statute, Section 893.138, as it may
be renumbered or amended from time to time, and shall be known and may be cited as
the “MiamiDade County Public Nuisance Abatement Ordinance.”
The Board of County Commissioners of MiamiDade County, hereby finds and
declares that any places or premises which are used as the site of the unlawful sale or
delivery of controlled substances, prostitution, youth and street gang activity, gambling,
illegal sale or consumption of alcoholic beverages, or lewd or lascivious behavior, may
be a public nuisance that adversely affects the public health, safety, morals, and welfare.
This Board also finds that abating the public nuisance which results from said criminal
activity is necessary to improve the quality of life of the residents of MiamiDade County
and that said abatement will safeguard the public health, safety, and welfare.
This article is hereby declared to be remedial and essential to the public interest and
it is intended that this article be liberally construed to effect the purposes as stated above.
The provisions of this article and the standards set forth herein shall be applicable only to
the unincorporated areas of MiamiDade County, Florida.
The provisions of this article shall be cumulative and supplemental to and not in
deregation of any provision of the Florida Statutes, the Code of MiamiDade County, or
any other applicable law.
298.5. Definitions.
For the purpose of this article the following definitions shall apply:
Public nuisance: Any place or premise which has been used on more than two (2)
occasions within a twelvemonth period:
As the site of the unlawful sale or delivery of controlled substances, or
By a youth and street gang for the purpose of conducting a pattern of youth and street
gang activity, or
For prostitution, or solicitation of prostitution, or
For illegal gambling, or
For the illegal sale or consumption of alcoholic beverages,
or
For lewd or lascivious behavior, or
Any premise or place declared to be a nuisance by Florida Statute, Section 823.05
or
Section 823.10 as they may be renumbered or amended from time to time.
298.6. Operating procedure.
Any employee, officer or resident of MiamiDade County may file a complaint and
request for prosecution with the MiamiDade
County Public Nuisance Abatement Board regarding the existence of a public nuisance
located within MiamiDade County. Said complaint shall be filed with the Director of the
MiamiDade Police Department, or his designee. Upon the filing of more than two (2)
complaints on any particular place or premises, the Director or his designee shall mail
written notice of such complaints by certified mail with return receipt to the owner of the
place or premises complained of at the owner’s address as shown in the MiamiDade
County property tax collector’s file. Said notice shall provide for the owner of the place
or premises to contact the Director or his designee within fourteen (14) days of receipt of
the notice. This time period shall be allowed for the purpose of allowing the owner to
take such good faith measures as are appropriate to abate the nuisance. The Director or
his designee may extend the fourteen (14) days to allow the owner to institute or continue
actions to abate the nuisance provided the actions are reasonable. In the event the owner
fails to respond to Notice of Complaint or fails to take reasonable action to abate the
nuisance, the Director or his designee shall schedule a hearing on the complaint before
the MiamiDade County Public Nuisance Abatement Board, and written notice of said
hearing shall be by certified mail with return receipt to the owner of the premises and the
complaintant at least ten (10) days prior to the scheduled hearing.
The aforesaid notice of hearing shall include:
A statement of the time, place and nature of the hearing;
A statement of the legal authority and jurisdiction under which the hearing is to be
held;
A reference to the particular sections of the statutes and ordinances involved;
A short and plain statement summarizing the incidents complained of.
298.7. Public Nuisance Abatement Board.
The MiamiDade County Public Nuisance Abatement Board is hereby created and
established. The Board shall consist of nine
members with one member appointed by each County Commissioner.
Qualification of members. The composition and representative membership of the
Board shall be as follows:
All members shall reside in the unincorporated areas of MiamiDade County.
One (1) member shall be a law enforcement officer as defined in Florida Statutes,
Section 943.10 who is retired or inactive and who is not employed by MiamiDade
County.
One (1) member shall be an attorney practicing law in MiamiDade County and a
members in good standing of the Florida Bar.
Eleven (11) members of the general public, who possess outstanding reputations for
civic pride, integrity, responsibility and business or professional ability, with interest or
experience in abating public nuisances.
Terms of office. The initial appointments to the Board shall be as follows: Seven (7)
members shall be appointed for the term
of one year, six (6) members shall be appointed for the term of two (2) years. Thereafter
all appointments shall be made for the term of two (2) years. No members shall serve
more than three (3) consecutive terms or seven (7) years. Appointments to fill any
vacancy on the Board shall be for the remainder of the unexpired term of office. A
member may be removed with or without cause by the affirmative vote of not less than a
majority of the entire County Commission. Should any member of the Board fail to
attend three (3) consecutive meetings without due cause, the chairperson shall certify the
same to the County Commission. Upon such certification, the member shall be deemed to
have been removed and the County Commission shall fill the vacancy by appointment.
Organization of the Board. The members of the Board shall elect a chairperson and
such other officers as may be deemed necessary or desirable, who shall serve at the will
of the Board. Members shall serve without compensation, but shall be entitled to be
reimbursed for necessary expenses incurred in the performance of their official duties,
upon approval by the County Commission.
Meetings of the Board. Meetings of the Board shall be held monthly, or more
frequently if necessary, to hear and dispose of the pending complaints. Notice of the time
and place of meetings shall be given to all complaintants and owners of premises
scheduled to be heard. Notice shall be given in writing at least ten
days prior to the hearing. Any aggrieved person may request a continuance of the
hearing. The Board may grant a continuance of any hearing for good cause. The
chairperson may call an emergency meeting of the Board, and meetings may also be
called
by written notice signed by three (3) members of the Board. The meetings of the Board
shall be recorded and be transcribed at the expense of the party requesting the transcript.
All meetings shall be in compliance with Florida’s “Government in Sunshine Law” and
Chapter 286.011, Florida Statute. No less than seven (7) members shall constitute a
quorum. No less than six (6) members voting affirmatively shall be required to declare
any place or premises a public nuisance under this provision. The County Manager shall
provide adequate and competent clerical and administrative personnel, and such technical
or scientific personnel as may be reasonably required by the Board for the proper
performance of its duties. The County Manager shall provide a regular meeting place for
the Board. All records shall be public records as defined by Chapter 119.011, Florida
Statutes.
Conduct of hearings.
The Director of the MiamiDade Police Department or his designee shall present
cases before the Board. All parties shall have an opportunity to present evidence and
argument on all issues involved, to conduct crossexamination and submit rebuttal
evidence, and to be represented by counsel. When appropriate, the general public may be
given an opportunity to present oral or written communications. If the Board proposes to
consider such material, then all parties shall be given an opportunity to crossexamine or
challenge or rebut it. The Board may consider any evidence, including evidence of the
general reputation of the place or premises. All testimony shall be under oath and shall be
recorded. Formal rules of evidence shall not apply, but fundamental due process shall be
observed and shall govern the proceedings. Orders of the Board shall be based on
competent and
substantial evidence and must be based on a preponderance of the evidence.
After considering all evidence, the Board may declare the place or premises to be a
public nuisance as defined in this chapter and may enter an order prohibiting:
The maintaining of the nuisance;
The operating or maintaining of the place or premises; or
The conduct, operation, or maintenance of any business or activity on the premises
which is conducive to such nuisance.
An order entered under subsection (2) shall expire after one year or at such earlier
time as stated in the order. The Board may retain jurisdiction to modify its orders prior to
the expiration of said orders.
The Board may bring a complaint under Section 60.05 of the Florida Statutes ,
seeking a permanent injunction against any public nuisance.
298.8. Costs.
In the event that the Board declares a place or premises to be a nuisance and issues an
order pursuant to Section 298.7(e)(2) above, the Board shall assess against the owner of
the place or premises the costs which the County has incurred in the preparation,
investigation, and presentation of the case. These costs shall be due and payable ten (10)
days after the written order of the Board has been filed. A certified copy of an order
imposing costs may be recorded in the public records and thereafter shall constitute a lien
against the land on which the violation exists or,
if the violator does not own the land, upon any other real or personal property owned by
the violator; and it may be enforced in the same manner as a court judgment by the
sheriffs of this state including levy against the personal property, but shall not be deemed
to be a court judgment except for enforcement purposes. After one year from the filing of
any such lien which remains unpaid, MiamiDade County may foreclose or otherwise
execute on the lien. Interest shall accrue on the unpaid costs at the legal rate of interest set
forth in Section 55.03, Florida Statute
as that may be amended from time to time.
298.9. Appeals.
An aggrieved party may appeal a final order of the MiamiDade County Public
Nuisance Abatement Board to the Circuit Court of the Eleventh Judicial Circuit, Appeals
Division. Such an appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created before the Board. An appeal shall be filed within thirty (30)
days of the date of the written order appealed from.
298.10. Rights preserved.
This article does not restrict the right of any person to proceed under Section 60.05 of
the Florida Statutes, against any Public Nuisance.
CHAPTER 5
ANIMALS AND FOWL
51. Definitions.
As used in this chapter, unless otherwise provided, the following terms shall be
defined as follows:
Animal means any nonhuman living creature, including without limitation dogs,
cats, ferrets, rabbits, turtles, gerbils, hamsters, cows, horses, sheep, and other domestic
animals or livestock.
Animal Control Officer means a person employed by the Department who meets the
qualifications set forth in Section 828.27, Florida Statutes.
Animal Control Officers shall
be authorized to investigate, on public or private property, civil infractions relating to
animal control or cruelty, to issue citations for violations of this chapter, and to assist in
criminal investigations relating to animal control or cruelty.
Animal Rescue Organization means a humane society, animal welfare society,
society for the prevention of cruelty to animals, or other such notforprofit corporation or
other legal entity devoted to the welfare, protection, and humane treatment of dogs, cats,
or other animals that is duly registered with the Florida Department of State and the
Florida Department of Agriculture and Consumer Services, as applicable, and with the
appropriate authority in the jurisdiction in which the notfor profit legal entity is
headquartered.
At large means off the responsible party’s property, and not under the responsible
party’s physical custody and control.
Breeder means any person or entity that causes dogs or cats to reproduce, regardless
of the size or number of litters produced. Any person or entity offering male dogs or cats
for stud purposes shall be classified as a breeder. It is provided, however, that this
classification shall not apply to: a hobby breeder, as defined in this section; or to a pet
owner who breeds his or her own pet and keeps all of the offspring, so long as the total
number of dogs kept on the premises does not constitute a kennel. For purposes of land
use or land development regulations, an establishment used by a breeder for the breeding
of dogs, except for a hobby breeder as provided in this chapter, shall be regulated as a
kennel. Breeders that sell directly to the public shall also be subject to regulation as pet
dealers.
Cat includes both male and female.
Control means the possession, ownership, care, or custody of animals.
Cruelty means any neglect or act of torture or torment that causes pain or suffering to
an animal.
Department means the MiamiDade County Animal Services Department.
Director means the Director of the MiamiDade County Animal Services
Department.
Dog includes both male and female.
Kennel. The following uses shall constitute a kennel:
The keeping of any dog or dogs, regardless of number, for sale, boarding, or
treatment purposes, except by a hobby breeder as defined in this chapter or, as provided
by law, in a dog hospital, dog beauty parlor, pet care center, pet shop, dog racing
establishment, governmental agency, laboratory, or facility housing animals for medical
research that is approved by a federal agency; or
The keeping of dogs, six (6) months of age or older, on premises used for residential
purposes, in excess of the following numbers: (a) four (4) dogs on property that is less
than 1 acre in gross area, or in any individual residence unit in a multifamily zoning
district; (b) six (6) dogs on property that is at least 1 acre but less than 2 acres in gross
area; and (c) eight (8) dogs on property that is 2 acres or more in gross area; or
The keeping of more than four (4) guard dogs on vacant property or on property used
for business or industrial purposes.
Kitten means a cat that is less than four (4) months old.
Responsible party means any person owning, harboring, or having custody or control
of an animal. Wherever the term “owner” is used in this chapter, it shall mean responsible
party.
Sale means the transfer of ownership in exchange for compensation or profit,
including money, goods, and services. This definition shall not include adoption fees
charged by an animal rescue organization.
Service animal means any dog that is individually trained to do work or perform
tasks for the benefit of an individual with a disability (as defined in the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12102, and in 28 C.F.R. § 35.104, as may be
amended from time to time).
Shelter means a structure, including without limitation a dog house or a stable, that
protects an animal from sun, rain, and other inclement weather or environmental
conditions.
Sterilize means to remove an animal’s reproductive organs, whether by spaying or
castration.
Structurally sound means that the physical condition of the structure meets the
construction standards established by the applicable building code or the manufacturing
industry.
Veterinarian means a person who is licensed to engage in the practice of veterinary
medicine under Chapter 474, Florida Statutes, and is accredited by the United States
Department of Agriculture.
52. Enforcement.
The provisions of this chapter shall apply in the incorporated and unincorporated areas of
MiamiDade County. The Department, through MiamiDade County Animal Control
Officers, shall be responsible for enforcing the sections of this chapter. County and municipal
law enforcement officers shall also be authorized to enforce the provisions of this chapter
relating to cruelty to animals and confiscation of dangerous dogs and dogs subject to
dangerous dog investigations. The Director shall have the authority to amend and modify the
administration of the Department’s operating procedures and to establish rules, procedures,
and forms to carry out the Department’s responsibilities pursuant to this chapter.
In addition to any other responsible party described in this chapter, the owner of any real
property upon which any animal regulated herein is maintained, shall be responsible for that
animal to the same extent as the responsible party.
It shall not constitute a trespass for Animal Control Officers, in the performance of their
lawful duties, to enter with any necessary equipment upon any public or private property in
MiamiDade County, except a building designated for and used for residential purposes.
Nothing contained herein shall be construed to authorize an Animal Control Officer to enter
upon private property without consent of the property owner or without a valid warrant where
such warrant is required; provided, however, that an Animal Control Officer or law
enforcement officer may take custody of a neglected or mistreated animal as provided in
Section 828.073, Florida Statutes.
It shall be unlawful to resist, obstruct, or oppose the Director or designee or any Animal
Control Officer in the
discharge of their duties under this chapter.
Any person who shall violate a provision of this chapter, or fail to comply therewith,
or with any of the requirements thereof, shall, upon conviction thereof in the County
Court, be punished by a fine not to exceed five hundred dollars ($500.00) or by
imprisonment in the County Jail for not more than sixty (60) days, or by both such fine
and imprisonment.
Any person who violates or fails to comply with this chapter shall also be subject to
civil penalties in accordance with Chapter 8CC of this Code. Each day of violation or
noncompliance shall constitute a separate offense. In addition to any other surcharges
provided in Chapter 8CC, a five dollar ($5.00) surcharge shall be added to each civil
penalty provided for in this chapter; proceeds shall be used to pay the costs of training for
animal control officers. Civil penalties imposed pursuant to this provision may be
appealed in accordance with Chapter 8CC, or in accordance with any other procedure
allowed by law; it is provided, however, that the filing of any appeal shall be deemed to
be a waiver of any other available appeal.
Any person who violates a provision of this chapter or any lawful rule, regulation, or
written order promulgated under this chapter is subject to injunction or other equitable
relief to enforce compliance with or prohibit the violation of this chapter. Further, such
person is liable for any damage to MiamiDade County caused by such violation, and for
the reasonable costs and expenses incurred by MiamiDade County in enforcing the
provisions of this chapter, including but not limited to the costs of enforcement
inspections, preparation of enforcement reports, attorney’s fees, photographs, title
searches, postage, and other
demonstrable administrative costs for enforcement and collection. All such sums shall
become immediately due and payable upon expenditure by the County and shall become
delinquent if not paid within thirty (30) days after receipt by the violator of the
Department’s bill itemizing the enforcement costs incurred in enforcing the provisions of
this chapter (the “due date”). All such delinquent sums shall bear interest at the rate of
twelve (12) percent per annum.
In addition to the foregoing, any person who violates a provision of this chapter or
any lawful rule, regulation, or written order promulgated under this chapter is subject to
the judicial imposition of a civil penalty for each offense of an amount not to exceed five
thousand dollars ($5,000.00) per offense, except that violations of Sections 522 and 523
of this chapter, related to dangerous dogs, are subject to the judicial imposition of a civil
penalty for each offense of an amount not to exceed ten thousand dollars ($10,000.00) per
offense. In assessing the penalty, the court may receive evidence in mitigation. Each day
during any portion of which a violation occurs constitutes a separate offense.
Upon the rendition of a judgment or decree by any of the courts of this State against
any person and in favor of the Director or the County in any action to enforce compliance
with or prohibit the violation of the provisions of this chapter, the court shall adjudge or
decree against that person and in favor of the Director or the County a reasonable sum as
fees or compensation for the attorney acting on behalf of the Director or the County in the
suit in which recovery is had. Such fees or compensation shall be included in the
judgment or decree rendered in the case. This provision shall apply to all civil actions
filed after the effective
date of this ordinance. Cessation of the violation of any of the provisions of this chapter
prior to rendition of a judgment or prior to execution of a negotiated settlement, but after
an action has been filed by the Director or the County to enforce the provisions of this
chapter, shall be deemed for the purposes of this section the functional equivalent of a
confession of judgment or verdict in favor of the Director or the County, for which
attorney’s fees shall be awarded as set forth in this section.
The Director is hereby authorized to institute actions on behalf of the County in any
court of competent jurisdiction in this State to seek enforcement of this chapter and all
remedies for violations thereof.
The Director or designee may, in his or her discretion, terminate an investigation or
an action commenced under the provisions of this chapter upon execution of a written
consent agreement between the Director or designee and the persons who are the subject
of the investigation or action. The consent agreement shall provide written assurance of
voluntary compliance with all the applicable provisions of this chapter by such persons.
The consent agreement may in addition provide for the following: Mitigation of injuries
accruing on account of the violation investigated or sued upon; compensatory damages;
punitive damages; civil penalties; costs and expenses of enforcement; attorneys’ fees; and
remedial or corrective action. Except as expressly and specifically provided in the
executed written consent agreement, an executed written consent agreement shall neither
be evidence of a prior violation of this chapter nor shall such agreement be deemed to
impose any limitation or action by the Director or the County in enforcing any of the
provisions of this chapter, nor shall the agreement constitute a waiver of or limitation
upon the enforcement of any federal, state, or local law or ordinance. Each violation of
any of the terms of an executed written consent agreement shall constitute a separate
violation under this chapter by the persons who executed the agreement and by their
respective officers, directors, agents, servants, employees, attorneys, heirs, successors and
assigns, and by any persons in active concert or participation with any of the foregoing
persons and who have received actual notice of the consent agreement. Each day during
any portion of which each such violation occurs constitutes a separate offense under this
chapter.
Nothing in this section shall be construed to permit or require the Director to bring an
action on behalf of any private person.
Nothing in this chapter shall be construed to affect the powers and duties of: the
Department of Planning and Zoning to enforce Chapter 33 of this Code; municipal
zoning authorities to enforce municipal zoning regulations; or the Florida Fish and
Wildlife Conservation Commission to regulate animals subject to Chapter 372, Florida
Statutes, including without limitation wild animals, birds, freshwater organisms, marine
life, furbearing animals, and reptiles.
53. Wild animals and reptiles.
It shall be unlawful for any person to possess, maintain, or have custody or control of
any wild animal, bird, freshwater organism, marine life, furbearing animal, or reptile
without first complying with the provisions of Chapter 372, Florida Statutes,
and all regulations promulgated by the Florida Fish and Wildlife Conservation
Commission.
Wolfhybrids that are 25% or less domestic dog are considered wild animals subject
to the regulations promulgated by the Florida Fish and Wildlife Conservation
Commission. Wolfhybrids not regulated by the Florida Fish and Wildlife Conservation
Commission shall be regulated as dogs in accordance with this chapter. It is provided,
however, that no wolfhybrid that is 50% or less domestic dog may be bred, sold, or
purchased in MiamiDade County. “WolfHybrid” shall mean any domestic dog with
genetic makeup from a wolf in its inheritance, as the result of breeding between a dog
and a wolf. In determining whether an animal is subject to the provisions of this section,
the Department shall rely on genetic tests, expert opinions, or other reliable evidence.
54. Cruelty to animals.
Legislative intent. It is the intent of the Board of County Commissioners of Miami
Dade County, Florida, to provide an orderly and consolidated procedure wherein cruelty
to animals may be corrected and the animals protected.
Acts deemed cruelty to animals. It shall be unlawful to commit any act that
constitutes cruelty to animals. The following acts shall be deemed cruelty to animals (see
Sections 828.12,
828.13 and 828.16, Florida Statutes):
To torture, torment, mutilate, kill, or unnecessarily overdrive any animal or to cause
the same to be done.
(1.1) To engage in animal fighting, including, without
limitation, dog fighting or cock fighting. For purposes of this section, to be engaged in
animal fighting means to instigate, promote, assist, hold, manage, stage, conduct, be
employed in connection with, be present for the preparation of, provide an animal for,
allow one’s own real or personal property to be used for, gamble on, be a spectator at, or
profit from an exhibition, contest, or event featuring the fighting of an animal with
another animal during which an animal may be injured, maimed, or killed.
(1.2) To willfully and unlawfully, by any means whatsoever, kill, maim, mutilate, or
cause great bodily harm or permanent breeding disability to any animal of the genus
Equus (horse). A violation of this subsection presents a serious threat to the public
health, safety, and welfare. The Board of County Commissioners has determined that a
violation of this subsection causes irreparable or irreversible harm, and as such, a
violation of this subsection shall be prosecuted to the fullest extent and in accordance
with the highest civil penalties and maximum sentence afforded by law.
To intentionally commit an act to any animal which results in the cruel death of the
animal, or the excessive or repeated infliction of unnecessary pain or suffering to the
animal, or to cause the same to be done.
Note—Florida Statutes § 790.33, as amended, preempts and declares null and void
all local ordinances, administrative regulations and rules in the field of firearms and
ammunition, with limited exceptions set forth in § 790.33, as amended.
To deprive an animal, whether by neglect or refusal, of any of the following forms of
necessary sustenance: food and water
that is of sufficient quantity and nutritive value to meet the minimal daily requirements
for the condition and size of the animal as set forth by the commercial food industry or by
a licensed veterinarian; food and water that is free of contaminants and vermin and insect
infestation; and proper medical attention for any illness, injury, infection, skin disorder,
and internal or external parasite. Feeding a cow on feed that produces impure or
unwholesome milk shall be deemed to be a violation of this section.
To deprive an animal of shelter.
To impound or confine an animal in any place and during such confinement: to fail to
supply the animal with a sufficient quantity of good and wholesome food and water; to
fail to provide the animal with wholesome exercise and change of air; to keep the animal
in an enclosure that does not permit the animal to make normal postural movements; to
keep the animal in an enclosure that contains excess excreta. Enclosing an animal in a
vehicle without adequate ventilation shall be deemed to be a violation of this provision.
For a responsible party to abandon an animal in a street or other public place, or to
abandon an animal if it is maimed, infirm, or diseased. For purposes of this section,
“abandon” means to forsake an animal for which one is responsible without providing for
its care, necessary sustenance, protection, and shelter.
If an animal is known to have or to have been exposed to a contagious or infectious
disease: to transfer possession of such animal without first disclosing the condition of the
animal to the
person to whom the animal is transferred; to knowingly permit such animal to run at
large; or to knowingly permit such animal to come into contact with any animal of
another person without the other person’s knowledge or permission.
To transfer or offer to transfer ownership of any live animal as a prize in any game,
drawing, sweepstakes or other promotion.
To intentionally trip, fell, rope, or lasso the legs of a horse by any means for the
purpose of entertainment or sport. As used in this subsection, “trip” means any act that
consists of the use of any wire, pole, stick, rope, or other apparatus to cause a horse to fall
or lose its balance, and “horse” means any animal of any registered breed of the genus
Equus, or any recognized hybrid thereof. The provisions of this subsection shall not apply
when tripping is used:
To control a horse that is posing an immediate threat to other livestock or human
beings;
For the purpose of identifying ownership of the horse when its ownership is
unknown; or
For the purpose of administering veterinary care to the
horse.
To knowingly engage in any sexual conduct or sexual contact with an animal; or to
knowingly cause, aid, or abet another person to engage in any sexual conduct or sexual
contact with an animal; or to knowingly permit any sexual conduct or sexual contact with
an animal to be conducted on any premises under one’s charge or control; or to
knowingly engage in organizing, promoting, conducting, advertising, aiding, abetting,
participating in as an observer, or performing any service in the furtherance of an act
involving any sexual conduct or sexual contact with an animal for a commercial or
recreational purpose; or to knowingly photograph or film, for the purposes of sexual
gratification, a person engaged in any sexual conduct or sexual contact with an animal, or
sell or transmit such a photograph or film. For purposes of this section: “sexual conduct”
means any touching or fondling by a person, either directly or through clothing, of the
sex organs or anus of an animal or any transfer or transmission of semen by the person
upon any part of the animal for the purpose of sexual gratification or arousal of the
person; “sexual contact” means any contact, however slight, between the mouth, sex
organ, or anus of a person and the sex organ or anus of an animal, or any penetration,
however slight, of any part of the body of the person into the sex organ or anus of an
animal, or any penetration of the sex organ or anus of the person into the mouth of the
animal, for the purpose of sexual gratification or sexual arousal of the person;
“photograph” or “film” means the making of a photograph, motion picture film,
videotape, digital image, or any other visual recording. This subsection does not apply to
accepted animal husbandry practices, conformation judging practices, or accepted
veterinary medical practices.
Enforcement.
The Department may, at its sole discretion, transfer unsterilized animals to animal
rescue organizations that comply with the requirements set forth in subsection (c).
The Department may, at its discretion, transfer animals to an
animal rescue organization for medical care, for adoption, for adoption to third parties, or
for any other lawful purpose, in accordance with the following provisions:
The animal rescue organization shall be registered with the Department and shall
provide proof that it is duly registered with the Florida Department of State and the
Florida Department of Agriculture and Consumer Services.
The animal rescue organization shall enter into a written agreement signed by the
Director and approved by the County Attorney’s Office as to form and legal sufficiency
that provides for the following: a guarantee that the organization will comply with the
sterilization requirements set forth in Section 823.15(2) (b), Florida Statutes ; a
requirement that the organization periodically report to the Department on the disposition
of animals acquired from the Department; and that the Department shall have the right to
reclaim animals that are being maintained in violation of this chapter or other provisions
of this Code. Breach of the agreement shall be a separate violation of this section.
In deciding whether to transfer animals to an animal rescue organization, the Director
may consider, among other factors:
The resources of the organization to care for animals.
The facilities where the animals will be kept.
The prior experience of the organization or its members or agents in the field of
animal care.
Whether the organization or its members or agents are, or have previously been
found to be, operating in violation of any of
the provisions of this chapter, of any federal, state, or local laws governing public health
or sanitation, or of the applicable zoning code governing the keeping of animals.
Any additional burdens on the Department for partnering with the organization.
[Authority.] The Director is hereby delegated the authority to negotiate and enter into
agreements with other persons to encourage the adoption of animals or to provide for
animals in the custody of the Department, including agreements indemnifying such
persons up to the statutory cap on claims or judgments set forth in Fla. Stat. § 768.28,
provided that the agreements otherwise require no expenditure of additional funds by the
County, and subject to the approval of the County Attorney.
56. Vaccination against rabies for dogs, cats, and ferrets.
All dogs, cats, and ferrets that are four (4) months of age or older shall be vaccinated
by a licensed veterinarian against rabies with a vaccine that is licensed by the United
States Department of Agriculture for use in that species. Every owner of a dog, cat, or
ferret shall have the animal revaccinated 12 months after the initial vaccination.
Thereafter, the interval between vaccinations shall conform to the vaccine manufacturer’s
directions. The cost of vaccination shall be borne by the animal’s owner.
Evidence of vaccination shall consist of an official certificate prescribed for that
purpose by the State of Florida Department of Agriculture and Consumer Services, and
signed by the licensed veterinarian administering the vaccine. The certificate in triplicate
shall show:
The date of vaccination, product name, manufacturer, serial number, and term of
vaccine;
The name, phone number, and address of the owner;
The Veterinarian’s name, license number, and address;
For dogs and cats, the predominant breed, age, predominant color/markings,
weight/size, and sex, and the serial number and term of the license, if applicable; and
The microchip number, if applicable, and other pertinent data for proper
identification of the dog, cat, or ferret.
The original certificate shall be given to the owner, one (1) copy shall be filed by the
veterinarian with the Animal Services Department, and one (1) copy shall be retained by
the veterinarian. Evidence of circulating rabiesvirusneutralizing antibodies shall not be
used as a substitute for current vaccination in managing rabies exposure or determining
the need for booster vaccinations.
A dog, cat, or ferret shall be exempt from vaccination against rabies where a licensed
veterinarian has examined the animal and signed a written certificate stating that at such
time vaccination would endanger the animal’s health because of its age, infirmity,
debility, or other medical consideration. The certificate shall state the period of
exemption from the vaccination requirement and shall not be valid for more than twelve
(12) months from date of issuance. Postmarked no later than the tenth day of each month,
all veterinarians providing such certificates shall, as to each dog certified, deliver to the
Department one (1) copy of the certificate prepared the previous month. An exempt
animal shall be vaccinated against rabies as soon as its health permits.
It shall be a violation of this section to fail to timely vaccinate or revaccinate an
animal.
The Department shall issue a renewal notice at least 45 days before a dog is due for
revaccination. It is provided, however, that issuance of a renewal notice shall not be
deemed to be a prerequisite to enforcement for the failure to initially vaccinate the dog as
required by this section.
If an animal has been untimely revaccinated, the due date of the next rabies
revaccination shall be based on the date of the untimely revaccination.
[Reserved.]
Exemptions. This section shall not apply to greyhounds kept, maintained, or brought
into the County for the purpose of racing at licensed greyhound tracks, or to animals used
as part of entertainment acts when properly controlled, or to animals that remain in the
County for a period of less than thirty (30) days.
57. Licenses required for all dogs; conditions for issuance of licenses.
Every person owning, keeping, or harboring any dog over four (4) months of age
within MiamiDade County, Florida, or bringing any dog over four (4) months of age into
this County shall, within thirty (30) days of the dog entering this County, register the dog
with the Department and obtain a license, which the dog shall wear at all times. The
registered owner must be at
least 18 years of age.
The Department shall require, as a prerequisite to the issuance of a license for any
dog, satisfactory proof that such dog has been vaccinated against rabies in accordance
with the provisions of Section 56. The official certificate prescribed pursuant to Section
56 shall be accepted as conclusive evidence as to the fact and time of vaccination, or a
certificate providing that vaccination for rabies would endanger the health of the
particular dog, as provided by Section 56 of this chapter, may be accepted.
Each license shall be renewed annually by the anniversary of the dog’s most recent
rabies vaccination, even if the rabies vaccination is effective for more than one year; it is
provided, however, that the Department may issue a multiyear license that is valid for
the duration of a multiyear rabies vaccination, and such license shall not require renewal
until the revaccination is due. If the dog is not timely revaccinated, and the license not
timely renewed, then the registered owner shall be subject to civil penalties in accordance
with this chapter, but thereafter the due date for the renewal of the license shall be the
anniversary of the untimely revaccination.
License fees shall be established by implementing order approved by the Board of
County Commissioners based on the following categories:
Sterilized dog 12 months old or more;
Intact dog 12 months old or more;
Dog between 4 months old and 12 months old (“Junior
license”);
Dog owned by a lowincome person as defined by implementing order approved by
the Board of County Commissioners; and
Replacement for a lost or damaged license.
Service animals and working police dogs and fire rescue dogs shall be exempt from
license fees.
It shall be a violation of this section to fail to timely register a dog, to fail to timely
obtain or renew a license, or to fail to have the dog wear the license.
The Department shall issue a renewal notice at least 45 days before the license is due
for renewal. It is provided, however, that issuance of a renewal notice shall not be
deemed to be a prerequisite to enforcement for the failure to initially register the dog
within 30 days of entering the County, as required by this section.
Any person who is fined under this section for an intact dog may have the penalty
reduced to the level of a sterilized dog by having the dog sterilized within thirty (30) days
of receipt of the civil violation notice.
Exemptions. This section shall not apply to greyhounds kept, maintained or brought
into the County for the purpose of racing at licensed greyhound tracks, or to dogs used as
part of entertainment acts when properly controlled, or to dogs that remain in the County
for a period of less than thirty (30) days.
Requirement to Provide Notice of Change of Ownership or
other Status Change.
The registered owner shall notify the Department, prior to the license renewal
deadline, of any change in status of the dog, such as if the animal has been moved to a
new address, lost, stolen, sold, or given away or has died.
Prior to transferring ownership of a dog, the registered owner shall submit to the
Department, on forms prescribed by the Director, the name, address, and telephone
number of the new owner and an acknowledgment, signed by the new owner, that the
new owner shall be responsible for complying with the requirements of this chapter.
It shall be a violation of this section to falsely report a change in status. In addition to
any other applicable criminal and civil penalties, any civil violation notices that were
closed, voided, or otherwise resolved may be reinstated against a registered owner who
falsely claims a status change.
58. Voluntary registration of cats.
The Director is hereby authorized to establish a voluntary cat registration program.
The Department shall require, as a prerequisite to the issuance of a registration tag for
any cat, satisfactory proof that such cat has been vaccinated against rabies in accordance
with the provisions of Section 56 of this chapter. The official certificate prescribed
pursuant to Section 56, or a certificate of a qualified veterinarian certifying that
inoculation for rabies would endanger the health of the particular cat, as provided by
Section 56 of this chapter, may be accepted. Upon payment of the fee prescribed herein,
a registration tag shall be
issued to each cat owner for each cat, said tag to be worn at all times by the cat for which
issued, unless the cat owner chooses to have the registration number tattooed on the inner
thigh of the cat or to have the cat implanted with a microchip, which shall be registered
with the applicable national registry as well as the Department. A record of the name and
address of the cat owner and a description of the cat, as well as the registration number,
microchip number, and other identifying information assigned thereto, shall be
maintained by the Department on each cat registration, and such other information that
the Director may deem proper. The registration fee shall be established by implementing
order approved by the Board of County Commissioners. Registration shall be valid for
the life of the cat. The fee may be reduced by onehalf (½) if a certificate that the cat has
been sterilized is presented upon application for registration hereunder. There shall be a
fee established by implementing order approved by the Board of County Commissioners
for the duplication of a lost cat tag. Registration of cats shall be voluntary, and this
section does not require a cat owner to purchase a tag as provided hereunder.
59. Standards of care for kennels, breeders, pet dealers, and pet care
centers.
In addition to complying with the provisions of Section 54 of this Code regarding
cruelty to animals, all kennels, breeders, pet dealers, and pet care centers, including
providers of mobile grooming services, located in or engaging in business in MiamiDade
County shall comply with the following minimum standards for the care of animals:
Housing facilities. Indoor and outdoor housing facilities for animals shall be
maintained so as to contain the animal on the property at all times and to protect the
animal from injury.
Storage of food. Supplies of food shall be stored in sealed containers or other
containers which protect the food against insect and vermin infestation and
contamination. Refrigeration shall be provided where necessary to prevent the spoiling of
food.
Ventilation. Indoor housing facilities for animals shall be ventilated with fresh air by
means of windows, doors, vents, fans, or airconditioning to provide for the animals’
health, comfort and wellbeing and to minimize odors, drafts, ammonia levels, and
moisture condensation. Ambient temperature in an indoor housing facility shall be
maintained between fifty (50) degrees and eightyfive (85) degrees Fahrenheit.
Primary enclosures. All primary enclosures for animals shall conform to the
following minimum requirements, except where indicated otherwise in writing by a
licensed veterinarian for medical reasons.
Primary enclosures shall be structurally sound and constructed so as to permit the
animal within them to remain dry.
The floors of the primary enclosure shall be a solid surface that is impervious to
moisture, does not sag to the weight of a dog or cat, and protects each animal’s feet and
toes from injury; and newspaper or a receptacle containing litter shall be provided to
contain excreta.
Primary enclosures shall be maintained in good repair and shall not have sharp points
or edges that could injure an animal.
Separation. The following restrictions apply to primary enclosures that house
multiple dogs and cats:
Intact females in heat (estrus) shall not be housed in the same primary enclosure with
males, except for breeding purposes.
Puppies or kittens shall not be housed in the same primary enclosure with adult dogs
or cats other than their dams or surrogate dams.
Dogs shall not be housed in the same primary enclosure with cats, nor shall dogs or
cats be housed in the same primary enclosure with any other species of animal.
Primary enclosures shall not be placed on top of or below another animal’s primary
enclosure; it is provided, however, that primary enclosures manufactured in stacked units
may be utilized, provided that each individual unit complies with the requirements of this
section.
Sanitation. Housing facilities shall be cleaned at least daily. Primary enclosures,
including top, sides, floor, grate, and door, shall be cleaned with soap and disinfectant at
least daily. Pet care centers shall clean each primary enclosure after each animal occupant
departs for the day.
Breeding. Each female dog or cat that is used for breeding shall be microchipped. No
female dog or cat shall be bred to cause the birth of more than one (1) litter once every
twelve (12) months unless certified in writing by a licensed veterinarian to be necessary
and in the best medical interest of the animal. Animals shall not be bred while they are
injured or ill, and animals that have known or obvious congenital or hereditary diseases
shall not
be used for breeding.
Exercise. In addition to a primary enclosure that complies with the requirements of
this section, each dog used for breeding shall have access to an outdoor, groundlevel
exercise area.
Quarantine. Animals under quarantine or treatment for a communicable disease shall
be housed according to generally accepted veterinary medical requirements, except that a
pet care center shall not accept any animal that has a known or suspected communicable
or infectious disease.
USDA License. If a breeder or pet dealer is subject to the licensing requirements of
the United States Department of Agriculture (USDA), the breeder or pet dealer shall be
prohibited from selling, or supplying for sale, dogs or cats in MiamiDade County if,
within the preceding three (3) years, the breeder or pet dealer has received a final
inspection report documenting, or has otherwise been found to have committed: a “direct
noncompliance” of the Animal Welfare Act. 7 U.S.C. Ch. 54, or regulations promulgated
pursuant thereto, 9 C.F.R. Ch. I, Subch. A.; or a “refusal of inspection.” A “direct”
noncompliance means a noncompliance, as defined in the USDA Animal and Plant
Health Inspection Service, Animal Welfare Inspection Guide at 25 (2013), that is
currently adversely affecting the health and wellbeing of the animal, or has the high
potential to adversely affect the health and wellbeing of the animal in the near or
immediate future. A “refusal of inspection” means, as defined in the Animal Welfare
Inspection Guide at 211, a refusal to allow a USDA inspector to inspect the premises, as
required pursuant to 9 C.F.R.
2.126 .
Records and medical release forms.
For all animals currently on the premises, records identifying the animal, including
any license tag and microchip information, and containing the owner’s name, address,
and emergency telephone number shall be maintained.
Breeders shall maintain records of each instance in which a female dog or cat is bred.
Each female dog or cat shall be identified by microchip, and records of each date the
animal gave birth and the number of offspring produced shall be maintained.
Pet care centers, kennels, and pet dealers keeping an animal that is the property of a
third party shall also obtain from the owner of each animal a medical emergency release
form providing that emergency treatment may be provided if the animal shows signs of
illness or is injured while in the care and custody of the pet care center, kennel, or pet
dealer. The medical release form shall include the owner’s name, address, emergency
telephone number, veterinarian, and veterinarian’s telephone number.
(j) Grooming. Where grooming services are provided:
Clippers, combs, brushes and any other grooming equipment shall be disinfected
after each animal.
Clean, separate drying towels shall be used for each animal.
Grooming bathtubs shall be cleaned with soap and disinfectant and rinsed after each
animal and shall be maintained free of mold and mildew.
All grooming equipment shall be maintained in good repair.
Exemptions. Public animal shelters, animal rescue organizations that do not operate
kennels, and hobby breeders as provided in Section 513 of this chapter, shall be exempt from
this section. It is provided, however, that a hobby breeder shall not use a female dog for
breeding more than once every 12 months.
510. Requirements for sales of dogs and cats.
Designation and Legislative Intent. This ordinance shall be designated and known as the
“MiamiDade Puppy Mill Cruelty Prevention Ordinance.” The Board of County
Commissioners for MiamiDade County, Florida, hereby declares and finds that puppy mills
and kitten factories are inhumane and unsanitary commercial breeding facilities in which the
health of the animals is disregarded to maintain a low overhead and maximize profits, with
documented and widespread instances of: unsanitary conditions leading to infectious
diseases; overcrowding in cages of large numbers of animals; a consistent lack of proper
veterinary care for severe illnesses and injuries; a consistent lack of protection from harsh
weather conditions; and a consistent lack of adequate food and water. The Board further
declares and finds that animals from mills often face an array of communicable diseases,
genetic disorders, and other health problems that may present immediately after sale or not
until several years later, and that lead to costly veterinary bills and distress to consumers. The
Board further finds that stopping puppy mills and kitten factories, many of which are located
outside the County’s enforcement jurisdiction, requires discouraging the purchase and sale of
puppies and kittens produced at these inhumane facilities. In addition, the County has a pet
overpopulation problem that results in many dogs and cats being abandoned at the County’s
Animal
Shelter, and it is the policy of this Board to encourage the adoption of abandoned pets
rather than adding new pets to the local population. For these reasons, the Board finds
that it is reasonable and necessary to provide the following minimum standards governing
the sale of dogs and cats to protect the health, safety, and welfare of both animals and pet
owners.
Permitted Sources. After December 31, 2014, pet dealers and pet shops shall not
display, sell, trade, deliver, barter, lease, rent, auction, transfer, offer for sale or transfer,
or otherwise dispose of dogs or cats in MiamiDade County, unless the pet dealer or pet
shop certifies that the dog or cat comes from one of the following sources:
A breeder that is registered in accordance with this chapter, or an outofCounty
breeder that complies with the standards of care set forth in Section 59 of this chapter; or
A public animal shelter, as defined in this chapter; or
An animal rescue organization, as defined in this chapter; or
source is later discovered not to comply with these requirements, so long as the pet shop
or pet dealer shows: (i) that it relied on the source’s representations in good faith; and (ii)
that it immediately ceased obtaining animals from that source upon learning of the
source’s noncompliance. Subsequent violations of this source requirement may subject
the pet shop or pet dealer to monetary penalties, in addition to any other penalties that
may be imposed.
Certificate of Source. A pet dealer or pet shop shall post and maintain a certificate of
source of each dog or cat offered for sale or transfer and shall provide a copy of such
certificate to the purchaser or transferee of any dog or cat. The certificate of source shall
be posted on or within three (3) feet of the primary enclosure of the identified dog or cat.
Tests, vaccines, and anthelmintics required for dogs. Before a dog is offered for sale
it shall receive from a veterinarian vaccines and anthelmintics against the following
diseases and internal parasites:
Canine distemper.
Leptospirosis.
Bordetella (which shall be administered in the State of Florida once before sale by
intranasal inoculation or by an alternative method of administration if deemed necessary
by the attending veterinarian and noted on the official certificate of veterinary
inspection).
Parainfluenza.
Hepatitis.
Canine parvo.
Rabies, if the dog is four (4) months of age or older and the inoculation is
administered by a veterinarian.
Roundworm.
Hookworm.
Whipworm.
Each dog over six (6) months of age shall be tested for heartworm before being
offered for sale.
Tests, vaccines, and anthelmintics required for cats. Before a cat is offered for sale it
shall receive from a veterinarian vaccines and anthelmintics against the following
diseases and internal parasites:
Panleukopenia.
Feline viral rhinotracheitis.
Calici virus.
Rabies, if the cat is four (4) months of age or older and the inoculation is
administered by a veterinarian.
Hookworm.
Roundworm.
Each cat shall also be tested for feline leukemia virus and feline immunodeficiency
virus (FIV) before being offered for sale.
The tests, vaccines, and anthelmintics shall be administered prior to the dog or cat
being offered for sale, unless a veterinarian certifies on the official certification of
veterinary inspection that
to vaccinate or deworm the dog or cat is not in the best medical interest of the dog or cat,
in which case the vaccine or anthelmintic may not be administered to that particular dog
or cat.
If the dog or cat is under four (4) months of age, the tests, vaccines, and
anthelmintics required by this section shall be administered no more than twentyone (21)
days before sale within the County. If the dog or cat is four (4) months of age or older,
the tests, vaccines, and anthelmintics required by this section shall be administered at or
after three (3) months of age, but no more than one (1) year before the sale.
Microchip required. All dogs and cats sold in the County shall have a microchip
implanted prior to sale. The seller shall register the microchip with the national registry
associated with the microchip and shall provide the microchip number and other
identifying information to the Department. The seller shall also notify the Department
and the applicable national registry within 48 hours of the sale of the dog or cat and shall
provide the name, address, and telephone number of the new owner of the dog or cat.
Certificate of Veterinary Inspection. Each dog and cat shall be accompanied by an
original current official certificate of veterinary inspection at all times while being
offered for sale within the County. The buyer shall receive the original certificate. Copies
of these certificates shall be held by the seller and the veterinarian for a period of three
(3) years.
The examination of each dog and cat by a veterinarian shall take place no more than
thirty (30) days before the sale within the County.
No person may offer to sell or transfer any dog or cat that is less than eight (8) weeks of
age.
Exemptions. Public animal shelters and animal rescue organizations shall be exempt from
the requirements of this section.
Municipal regulations authorized. Any municipality may adopt or enforce additional
regulations governing the sales of animals within the boundaries of such municipality;
provided that any such municipal regulation shall not be less restrictive than the provisions of
this chapter, and that the costs of the enforcement of such additional municipal regulations
shall be borne by the municipality.
511. Report and sale of license.
Legislative intent. This section utilizes the authority and powers of MiamiDade County
in order to secure for the citizens of this County the protection of their health, safety and
welfare. It is applicable to all practicing licensed veterinarians. This section is designed to
regulate veterinarians by requiring that licenses be offered for sale at the time and place of
vaccination of a dog against rabies, and that a report be forwarded to the Department
containing the names of persons, including address and other contact information, refusing to
purchase these licenses. These measures are intended to ensure that the County has the
necessary information and capital resources to enforce the County’s already existing licensing
ordinance. The unique history and lack of success with other measures attempted at
controlling stray dogs and enforcing the licensing ordinance have been determined to require
the special regulations and provisions contained within
this section which the County Commission hereby finds reasonable and necessary.
Postmarked no later than the tenth day of each month, all veterinarians administering
rabies vaccinations shall, as to each dog vaccinated, deliver to the Department one (1)
copy of the certificate prescribed under Section 56 as evidence of each vaccination
administered the previous month.
It shall be the duty of all veterinarians, upon vaccinating a dog against rabies, to offer
for sale at the time and place of vaccination the MiamiDade County licenses required by
Section 57, and to report to the Department, together with the vaccination certificate
required by this chapter, whether the responsible party declined to purchase a license
from the veterinarian. All veterinarians shall also have MiamiDade County licenses
available for purchase, at the time and place of presentation, by a responsible party who
presents evidence to the veterinarian that the party’s dog has a current rabies vaccination.
Veterinarians may collect as payment for each license no more than the value of the
license as established by MiamiDade County, and a maximum premium of twenty (20)
percent of the value of the license. Veterinarians shall be responsible for the value of all
licenses held by them for sale to dog owners.
Postmarked no later than the tenth day of each month, each veterinarian shall deliver
to the Department one (1) payment containing the value of any and all licenses sold or
lost, destroyed, or stolen the previous month. Along with each month’s remittance, each
veterinarian shall submit to the Department documentation to be provided by Miami
Dade County covering
all licenses sold, lost, destroyed, or stolen, and shall submit all registration, microchip,
and owner information for all dogs and cats vaccinated the previous month. If no
transactions occurred, a report that zero transactions occurred shall be submitted for that
month. In addition, postmarked no later than the 10th of October of each year, each
veterinarian shall deliver to the Department all unsold licenses from the previous fiscal
year (defined as October 1—September 30). The Department shall have the authority to
assess interest for any payments received after the deadline established in this section.
All veterinarians shall also provide such persons with literature, prepared by Miami
Dade County for this purpose, stating that MiamiDade County law requires that every
dog be vaccinated against rabies and that every dog wear a license that must be renewed
annually or as otherwise specified.
Each euthanasia or disposal of a dead dog performed or overseen by a Veterinarian
shall be reported to the Department no later than the 10th day of the following month.
Violations of the requirements of this section shall subject the veterinarian to civil
penalties, except when such requirement would violate a confidential doctorclient
relationship.
The Director may authorize animal rescue organizations approved by the Department
to sell licenses, but an animal rescue organization that chooses to sell licenses shall
comply with this section.
512. Additional restrictions on sales of animals.
It shall be unlawful for any person to possess, sell, or
otherwise transfer within the County any dyed or artificially colored rabbit or other
animal, baby chicken, duckling or other fowl.
It shall be unlawful for any person to sell, offer for sale, or otherwise transfer a live
turtle except where adequate bacteriological proof is submitted to the MiamiDade
County Department of Public Health that such turtles are free from salmonella
contamination. Adequate bacteriological proof as used herein shall consist of a statement
issued by the chief public health official of the State from which the lot of turtles is
shipped certifying that the turtles have been found free of salmonella based upon
laboratory examination, and stating the examinations upon which the statement is based.
Such certificates shall accompany and be provided to the dealer of any turtle to be sold
from an approved lot. The Director of the MiamiDade County Department of Public
Health may, in addition thereto, withhold approval of any lot of turtles whether certified
or not, until a series of at least six (6) consecutive cultures taken at intervals of not less
than one (1) week have been found negative for salmonella in a laboratory approved for
this purpose by the MiamiDade County Department of Public Health. The results of such
examinations shall be submitted on a form to be provided by the MiamiDade County
Department of Public Health. The Director of the MiamiDade County Department of
Public Health or his duly authorized representative may at any time take samples of tank
water or any other appropriate samples from turtles offered for sale and order the
immediate euthanasia or transshipment of any lot of turtles found contaminated with
salmonella.
The following warning shall be posted conspicuously at every display of turtles for
retail sale:
CAUTION. Turtles may transmit bacteria causing disease in humans. It is important
to wash the hands thoroughly after handling turtles or material in a turtle bowl; not to
allow water or any other substance from a turtle bowl to come into contact with your food
or areas where your food is prepared; and to make sure that these precautions are
followed by children or others handling turtles.
513. Kennel, breeder, pet dealer, pet care center, and hobby breeder
license requirements; appeal procedures.
No person shall act as or perform services as a kennel, breeder, pet dealer, pet care
center, or hobby breeder in MiamiDade County without first obtaining the applicable
license from the Department. No person may keep, maintain, or otherwise harbor the
number of dogs set forth in Section 51(17) of this chapter without first obtaining a
kennel license as provided in this section; hobby breeders shall be subject to this
requirement. Hobby breeders who sell more than two litters per year per household shall
be deemed to be pet dealers and shall be regulated as such for purposes of this chapter.
A separate license shall be required for each location that the services of a kennel,
breeder, pet dealer, pet care center, or hobby breeder are being performed. It is provided
that, if multiple services are offered at the same location, only one license shall be
required for that location, but the licensee shall pay the highest applicable license fee
among the offered services. No license shall be issued unless the subject location is zoned
or approved for that
use by Chapter 33 of this Code or by the applicable municipal zoning code.
Application for a license shall be on a form prescribed by the Director for a kennel,
breeder, pet dealer, pet care center, or hobby breeder, respectively.
Terms of licenses. Each license for a kennel, breeder, pet dealer, pet care center, or
hobby breeder shall be renewed annually. All licenses shall expire on September 30 of
each year. Each licensee shall be responsible for renewing his license on or before
October first of each year as long as the kennel, breeder, pet dealer, pet care center, or
hobby breeder operates in MiamiDade County. Notwithstanding the foregoing, a person
who validly registered as a hobby breeder with MiamiDade County prior to February 21,
2008 shall not be required to pay any additional license fee; it is provided, however, that
such person shall otherwise comply with the requirements of this section and that the
failure to annually renew the hobby breeder license within 60 days of the renewal
deadline shall be deemed an abandonment of that license.
Licenses shall not be transferable.
The license fee for each type of license shall be established by implementing order
approved by the Board of the County Commissioners. Animal control agencies operated
by a municipality that are subject to this section shall be registered with the Department
but shall be exempt from license fees.
Premises on which animals are kept and records required to be maintained shall be
subject to inspection by the Department for compliance with this chapter.
Hobby breeders shall not be subject to the requirements of Section 59 of this chapter. It
is provided, however, that upon request from the Department, hobby breeders shall provide
records demonstrating that they have not exceeded the sales limit of two litters per year per
household and the limit on how often each female dog may be bred. In addition, upon receipt
of a complaint, the Department may inspect the premises on which a hobby breeder maintains
animals for compliance with Section 54 of this chapter.
License number required on written advertisements.
Has been found guilty of repeat violations of this chapter;
Has been found guilty of animal cruelty or neglect under this chapter, Chapter 828,
Florida Statutes, or the laws of any other state;
Has been an officer, principal, director, partner, division, shareholder owning or
controlling ten (10) percent or more of the stock, or other organizational element of a
business organization recognized by the State of Florida that meets any of the criteria
specified in subsections (1) through (4) above; or
Is a business organization recognized by the State of Florida, and any of its officers,
principals, directors, partners, divisions, shareholders owning or controlling ten (10)
percent or more of the stock, or other organizational elements meet any of the criteria
specified in subsections (1) through (5) above.
Appeals. The applicant/licensee shall receive written notice of the Director’s
determination to deny, suspend, or revoke a license or renewal. The Director’s
determination may be appealed by providing, within seven (7) calendar days of receipt of
the written notice, a written request for an administrative hearing; the request shall be
delivered to the address provided on the written notice. If a request for a hearing is
received more than seven (7)
calendar days from the date of the written notice, the hearing officer shall be precluded
from exercising jurisdiction, and the appeal shall be dismissed as untimely. An
administrative hearing shall be conducted in accordance with the provisions set forth in
Chapter 8CC of this Code. No person aggrieved by a determination of the Director may
apply to the Court for relief unless they have first exhausted the remedies provided for
herein and taken all available steps provided in this section. While an appeal is pending,
the Director’s determination shall be stayed.
Operating as a kennel, breeder, pet dealer, pet care center, or hobby breeder after
suspension, revocation, or denial of a license or renewal is a violation of this section.
513.1. Guard dogs.
Definitions. For purposes of this section, the following terms shall have the meanings
provided herein.
Guard dog shall mean any type of dog used for the purpose of defending, patrolling,
or protecting property or life at any nonresidential establishment or which resides on the
nonresidential property. The term “guard dog” shall exclude any stock dogs used
primarily for handling and controlling livestock or farm animals.
Guard dog service shall mean any person, business, or corporation that trains, sells,
rents, or leases guard dogs for the purpose of defending, patrolling, or protecting property
or life at any nonresidential establishment in MiamiDade County.
Guard dog license.
Any person seeking to operate a guard dog service or who owns a guard dog shall
obtain a guard dog license.
Each guard dog license shall be renewed annually. All licenses shall expire on
September 30 of each year. Each licensee shall be responsible for renewing the license on
or before October first of each year as long as the guard dog or guard dog service
operates in MiamiDade County.
A guard dog license shall not be transferable, assignable, or refundable.
The license fee shall be established by implementing order approved by the Board of
the County Commissioners.
Obtaining a guard dog license.
Application for a license shall be on a form prescribed by the Director.
The license application shall include but is not limited to the following information:
a. The name, address and telephone number of the applicant and a description of the
location(s) at which guard dogs will be maintained;
b. A statement as to whether the applicant or any officer or employee of the guard
dog service has ever been convicted of an offense involving cruelty to animals or has had
a final judgment entered against that person under
Section 828.073, Florida Statutes or
any other statute prohibiting animal neglect or mistreatment;
c. The breed, sex, age, color(s), guard dog license tag number,
and electronic animal identification device (EAID) number of each dog that will be used
as a guard dog;
d. If applicable, a complete list containing the name, address, and telephone number
of every customer procuring the use of a guard dog and the physical location of every
guard dog (identified by license tag number), if different than the customer’s address;
e. The name, address and telephone number of the applicant’s veterinarian(s);
f. The name, address and telephone number(s) of the person(s) responsible for
training and/or providing food, water, exercise and care to each guard dog; and
g. If applicable, proof of business tax receipt from the MiamiDade County tax
collector.
The applicant shall complete an application, supply all information requested by the
Department, and pay the applicable license fee. No application shall be deemed complete
and reviewable until the license fee is paid.
License applications shall be valid for thirty (30) days in order for applicants to make
corrections to meet minimum compliance specifications.
License denial, revocation, and suspension.
The Director may deny, suspend, or revoke a license or renewal where:
a. There has been a material misstatement or misrepresentation in the license
application or in any information or documents required to be maintained or provided to
the Department;
b. The applicant/licensee has refused to allow the Department to inspect the premises
on which animals are kept, the location where services are provided to animals, or the
records required to be maintained by this chapter or by state law, provided that the first
such refusal shall result in suspension of the license until inspection is allowed;
c. The applicant/licensee has outstanding unpaid fines for violations of this chapter;
d. The applicant/licensee has been found guilty of repeat violations of this chapter;
e. The applicant/licensee or an employee has been found guilty of animal cruelty or
neglect under this chapter, Chapter 828, Florida Statutes, or the laws of any other state;
f. The applicant/licensee has been an officer, principal, director, partner, division,
shareholder owning or controlling ten (10) percent or more of the stock, or other
organizational element of a business organization recognized by the State of Florida that
meets any of the criteria specified in subsections (a) through (e) above; or
g. The applicant/licensee is a business organization recognized by the State of
Florida, and any of its officers, principals, directors, partners, divisions, shareholders
owning or controlling ten percent or more of the stock, or other organizational elements
meet any of the criteria specified in subsections (a) through (f) above.
Appeal process. The applicant/licensee shall receive written notice of the Director’s
determination to deny, suspend, or revoke
a license or renewal. The Director’s determination may be appealed by providing, within
seven (7) calendar days of receipt of the written notice, a written request for an
administrative hearing; the request shall be delivered to the address provided on the
written notice. If a request for a hearing is received more than seven (7) calendar days
from the date of the written notice, the hearing officer shall be precluded from exercising
jurisdiction, and the appeal shall be dismissed as untimely. An administrative hearing
shall be conducted in accordance with the provisions set forth in Chapter 8CC of this
Code. No person aggrieved by a determination of the Director may apply to the Court for
relief unless they have first exhausted the remedies provided for herein and taken all
available steps provided in this section. While an appeal is pending, the Director’s
determination shall be stayed.
No license fee shall be refunded for a license that is revoked or suspended. For a
license that is denied after review and inspection, the license fee shall be refunded as
provided by implementing order approved by the Board of the County Commissioners.
Requirements following notice of adverse action and/or appeal.
If the notice of denial, revocation or suspension of a guard dog license is not timely
appealed, the applicant or license holder shall immediately cease and desist operation of a
guard dog service or use of a guard dog.
Any person whose license has been revoked may not reapply for a period of one (1)
year.
Each reapplication for a license shall be accompanied by a
fee established by implementing order approved by the Board of the County
Commissioners.
A person who has been found guilty of animal cruelty or neglect under this chapter,
Chapter 828, Florida Statutes, or the laws of any other state within the past five (5) years
may not hold a license to operate a guard dog service in the county.
Owning a guard dog or operating a guard dog service after suspension, revocation, or
denial of a license or renewal is a violation of this section.
Registration of guard dogs.
Guard dog services and guard dog owners shall annually register each guard dog
owned or used in MiamiDade County with the Department. The registration shall
include the following information for each dog:
a. Name, address and telephone number of the owner and/or manager;
b. The breed, sex, weight, age, and color(s) of the guard dog;
c. A color photograph of the guard dog;
d. Other distinguishing physical features of the guard dog;
e. Certification of rabies vaccination;
f. The guard dog license number;
g. The guard dog’s electronic animal identification device number (EAID);
h. Proof of ownership (i.e., bill of sale, receipt or notarized affidavit), including the
name and address of the person from
whom the dog was obtained;
i. A notarized affidavit signed by the previous owner acknowledging that the dog will
be used as a guard dog. This requirement may be waived if the dog has been previously
registered to the guard dog owner for more than one (1) year in the county.
j. A current certification from a veterinarian who is licensed in Florida stating that
the guard dog has been examined and is healthy and physically fit to perform service as a
guard dog. The owner shall obtain the certification form from the Department and shall
provide it to the examining veterinarian for completion.
At least every six (6) months, each guard dog shall be examined by a veterinarian
who is licensed in Florida to determine whether the dog is healthy and physically fit to
perform service as a guard dog. The owner shall obtain the certification form from the
Department, shall provide it to the examining veterinarian for completion, and, upon
completion, shall provide it to the Department.
Newly acquired dogs shall be immediately vaccinated against rabies, licensed, and
registered with the Department as a guard dog before being used as a guard dog.
The fee to register a guard dog with the Department shall be established by
implementing order approved by the Board of the County Commissioners.
A guard dog license shall be an annual requirement. The guard dog license is
available only through the Department. The fee for a guard dog license shall be
established by implementing
order approved by the Board of the County Commissioners. The guard dog license shall
be worn at all times or shall be fastened to each guard dog’s enclosure when the guard
dog is inside it.
No dog shall be used as a guard dog unless and until the dog has been registered with
the Department.
No dog shall be registered or used as a guard dog if a veterinarian deems that the dog
is unfit to perform service as a guard dog.
No dog shall be used as a guard dog while it is pregnant or lactating.
If any dog is used as a guard dog prior to being registered, a double registration fee
shall be imposed to register the guard dog.
Each guard dog must be implanted with an EAID used and approved by the
Department.
Maintenance of guard dog registration system; transfer, death, disappearance, and
rabies inoculation as affecting registration system. The Department shall maintain a guard
dog registration system which shall contain all data required by the Department.
Immediately upon transfer of ownership, death, or disappearance of a guard dog, the
guard dog service or guard dog owner shall notify the Department. Upon receipt of the
information, the appropriate entry shall be made in the guard dog registration system. If
the dog has disappeared, an entry should be made to reflect the location of such
disappearance.
Inspection/records.
It shall be a condition of the issuance of any guard dog
license and guard dog registration that officers of the Department shall at any reasonable
time, unannounced, have the right to enter the premises and inspect:
a. All dogs and all premises where such dogs are trained, in use, or kept.
b. All records for each guard dog including but not limited to vaccination, veterinary,
and medical treatment records.
c. All records concerning the training, sale, or use of a guard dog.
Refusal to allow inspection of a guard dog, premises, or records shall be a violation
of this chapter.
Guard dog services shall require any customer that procures the use of a guard dog to
sign an agreement authorizing officers of the Department to perform unannounced
inspections of any guard dog and premises where the guard dog is being used as a guard
dog.
Guard dog services shall maintain records identifying the name, address, and
telephone number of each customer procuring the use of a guard dog and the physical
location of each guard dog (with registration number), if different than the customer’s
address.
On a biweekly basis, guard dog services shall provide the Department with complete
records identifying the name, address, and telephone number of every customer procuring
the use of a guard dog and the physical location of every guard dog (with license
number).
Guard dog services and guard dog owners shall immediately notify the Department in
writing when a guard dog is temporarily or permanently removed from service due to
sickness, injury, a medical condition, or death.
Guard dog services and guard dog owners shall maintain records of the acquisition,
transfer of ownership, death, or disappearance of a guard dog.
The records required to be maintained herein shall be maintained for a period of at
least five (5) years from the date of creation and shall be provided to the Department
upon request unless otherwise provided herein.
Transportation of guard dog.
Every vehicle transporting a guard dog must be clearly marked, showing that it is
transporting a guard dog. A compartment separate from the driver is required and shall be
arranged to ensure maximum ventilation for the dog.
No guard dog shall be transported in violation of Section 515 of this chapter.
General requirements for guard dogs.
Guard dog enclosures shall be a minimum of one hundred
square feet if one (1) dog is present and one hundred fifty
square feet if two (2) dogs are present. No more than two
dogs shall be maintained in an enclosure.
Only compatible dogs may be kept m the same enclosure.
Unaltered dogs of the opposite sex shall not be maintained in the same enclosure
unless the guard dog service or guard dog
owner has an appropriate breeding license issued by the Department.
The guard dog enclosure shall be made of chain link or similar material with a solid
roof over the entire enclosure. The enclosure shall contain a shelter inside the enclosure
large enough to allow all dogs present to comfortably stand up, turn around and lie down
in the shelter simultaneously. The shelter within the enclosure shall provide protection
from the direct rays of the sun and direct effect of the wind and rain, a wind and rain
break, and ventilation. The shelter shall be raised off the ground at least six
inches, have a solid roof, have flooring made of a nonporous easily cleanable surface,
have at least three (3) covered sides and an opening large enough for each guard dog to
access the shelter, and have adequate ventilation with windows or openings to allow air
to circulate. Enclosures or shelters that are covered on all sides in a manner that prevents
ventilation are prohibited.
The shelter shall have clean, dry bedding or a reasonably soft comfortable surface for
each dog to lie down on to prevent a dog from getting calluses or pressure sores.
Guard dog enclosures and the area immediately surrounding the enclosures shall be
cleaned at least once a day to remove any excrement and to sanitize all surfaces coming
into contact with a guard dog. All excrement and waste shall be removed from the
property.
Guard dogs shall have access to clean fresh water at all times. Each guard dog
enclosure shall be checked three (3) times a day to ensure that clean fresh water is
available.
Each guard dog shall be examined daily for signs of illness
or injury. Any guard dog that is sick, injured, lame, or diseased shall be immediately
examined by a licensed veterinarian and removed from use as a guard dog until deemed
healthy by the veterinarian. If, during an inspection, the Department determines that a
guard dog on commercial premises is sick, injured, lame, or diseased, the dog shall be
immediately impounded by the Department and may be redeemed in accordance with
Section 518 of this chapter, unless a petition for custody is filed under Section 828.073,
Florida Statutes.
Guard dogs maintained in an enclosure shall have at least onehalf (½) hour of
exercise within each twelve (12) hours of confinement. Guard dog services and guard dog
owners shall maintain a daily record identifying each guard dog by license number and
providing the date, time, location, and name of the person who exercised the guard dog.
Guard dogs must be given a humane existence, and shall at all times be maintained in
accordance with Section 59 of this chapter, unless otherwise specified in this section.
Any person who uses the service of a guard dog shall be responsible to assure that the
guard dog is provided a humane existence in accordance with Section 59 of this chapter,
unless otherwise specified in this section, and shall immediately contact the Department
to report any guard dog that is sick, diseased, lame, or injured.
Any guard dog on commercial premises that is not registered as a guard dog shall be
impounded by the Department and may be redeemed m accordance with Section 518 of
this chapter.
Each person or business that rents or uses a guard dog to patrol the premises after that
business’s operating hours shall provide adequate fencing or some other confining
structure to keep the guard dog within the premises.
Each person or business that rents or uses a guard dog on commercial premises shall
at each entry point and at fiftyfoot intervals along the property’s fence perimeter, post a
readily visible sign including the words “Guard Dog.”
Entry points of commercial premises that use a guard dog shall have a sign posted
with the telephone number of the guard dog’s trainer, handler, and/or owner in case of an
emergency.
Each person or business that rents or uses a guard dog on commercial premises shall
at each entry point and on the guard dog enclosure post a readily visible sign that notifies
members of the public to report guard dog complaints to the Department. Such signs will
be available through the Department for a fee established by implementing order
approved by the Board of the County Commissioners.
514. Trapping of dogs and cats.
Trapping of dogs and cats shall be conducted in a humane manner and shall comply
with the following minimum standards:
Traps shall be in good condition in that they will not cause any bodily injury to the
trapped animal and a trapped animal shall have access to adequate food, water, and
shelter.
Use of poisons, poisoned substances or stupefying substances in a trap shall be
prohibited.
All traps shall be plainly identified with the name, telephone number, address, and
Departmentissued trapping license number of the owner of the trap, if applicable.
All traps shall be inspected daily, and no animal shall remain in a trap for longer than
twelve (12) hours.
Traps shall be removed in the event of a hurricane warning or tropical storm
warning.
All animals that have been trapped shall be brought to the Department, a County
approved animal rescue organization, or a licensed veterinarian for proper disposition.
It shall be unlawful for any person to disturb the trap of another.
The Department may provide traps for rent for private, noncommercial use. In that
event, the Department may collect a rental fee and may also collect a deposit that shall be
refunded upon return of the trap. The amount of the rental fee and the deposit shall be
established by implementing order approved by the Board of County Commissioners.
515. Transportation of animals.
It shall be unlawful to transport a live animal in an animal carrier that does not allow
the animal to make normal postural movements.
It shall be unlawful for any person to transport a live animal in an openbed truck or
other similar vehicle from which the animal can easily escape, unless: the animal is
confined in a humane manner inside an animal carrier, which shall be secured
within the vehicle so as to be immovable when the vehicle is in motion; or the animal is
restrained by a minimum of two tethers, with one tether being affixed to each side of the
vehicle, and both tethers being attached to the harness of the animal, provided that tethers
shall not be attached to an animal’s collar.
It shall be unlawful for any person to transport a live animal in an enclosed vehicle
trunk.
516. Taking of peafowl prohibited.
It shall be unlawful for any person to take any peafowl.
As used in this section, “take” means taking, attempting to take, hunting, molesting,
capturing, or killing any peafowl, their nests or eggs, by any means, whether or not such
actions result in obtaining possession of peafowl or their nests or eggs.
Exceptions.
The prohibitions of this section shall not apply on property zoned for agricultural use
and used for a bona fide agricultural purpose.
Nothing in this section shall prevent a property owner from removing peafowl from
his or her own property in a manner that does not physically injure the peafowl.
517. Legislative intent.
This article is intended to utilize the authority and powers of MiamiDade County in
order to secure for the citizens of this County the protection of their health, safety and.
welfare. It is intended to be applicable to dogs which are commonly referred to
as “pit bulls” and which are defined herein. This article is designed to regulate these pit
bull dogs and to ensure responsible handling by their owners through confinement,
registration, and liability insurance. The unique history nature and characteristics of pit
bull dogs have been determined to require the special regulations and provisions
contained within this article which the County Commission hereby finds reasonable and
necessary.
517.1. Definition and identification of a pit bull dog.
The term “pit bull dog” as used within this article shall refer to any dog which
exhibits those distinguishing characteristics which:
Substantially conform to the standards established by the American Kennel Club for
American Staffordshire Terriers or Staffordshire Bull Terriers; or
Substantially conform to the standards established by the United Kennel Club for
American Pit Bull Terriers.
The Standards of the American Kennel Club and the United Kennel Club referred to
in subsection (a) above, are attached hereto and incorporated herein by reference as
“Exhibit A” and shall remain on file with the Animal Services Division of the Public
Works Department of MiamiDade County.
Technical deficiencies in the dog’s conformance to the standards described in
subsection (b) shall not be construed to indicate that the subject dog is not a “pit bull
dog” under this article.
Testimony by a veterinarian, zoologist, animal behaviorist,
or animal control officer that a particular dog exhibits distinguishing physical
characteristics of a pit bull shall establish a rebuttable presumption that the dog is a pit
bull.
517.2. Confinement of pit bull dogs.
Because of the pit bull dog’s inbred propensity to attack other animals, and because
of the danger posed to humans and animals alike by a pit bull dog when running loose or
while naming together in a pack, pit bull dogs must at all times be securely confined
indoors, or confined in a securely and totally enclosed and locked pen, with either a top
or with all four (4) sides at least six (6) feet high, and with a conspicuous sign displaying
the words “Dangerous Dog.”
At any time that a pit bull dog is not confined as required in subsection (a) above, the
dog shall be muzzled in such a manner as to prevent it from biting or injuring any person
or animal, and kept on a leash with the owner or custodian in attendance. Provided,
however, that no pit bull dog may be walked within fifty (50) feet of any public school
ground nor enter onto such school ground.
An exception to these confinement requirements is hereby provided for any pit bull
dog in attendance at, and participating in, any lawful dog show, contest or exhibition
sponsored by a dog club, association, society or similar organization.
An exception to these confinement requirements is hereby provided for any pit bull
dog when the dog is actually engaged in the sport of hunting in an authorized area and
supervised by a competent person.
517.3. Evidence of financial responsibility required to be maintained by
owners of pit bull dogs.
In order to protect the public and to afford relief from the severe harm and injury
which is likely to result from a pit bull dog attack, every owner of a pit bull dog shall
maintain and be able to provide evidence of the owner’s financial ability to respond in
damages up to and including the amount of fifty thousand dollars ($50,000.00) for bodily
injury to or death of any person or damage to property which may result from the
ownership, keeping or maintenance of such dog. Proof of ability to respond in damages
shall be given by filing with the Animal Control Office a certificate of insurance from an
insurance company authorized to do business in the State, stating that the owner is and
will be insured against liability for such damages; or by posting with the Animal Control
Office a surety bond conditioned upon the payment of such damages during the period of
such registration; or by posting a personal bond secured by a mortgage in real property or
security interest in personal property; or a sworn statement of the owner of his/her
financial ability to respond in damages up to and including the amount of fifty thousand
dollars ($50,000.00).
517.4. Registration of pit bull dogs.
Every owner of a pit bull dog in MiamiDade County shall register the dog with the
Animal Services Division of the Public Works Department of the County. The
registration shall include the following: Name, address and telephone number of the
dog’s owner; the address where the dog is harbored, if different from the owner’s
address; a complete identification of the dog including
the dog’s sex, color and any other distinguishing physical characteristics; a color
photograph of the dog; a description of the method of compliance with the confinement
requirements; proof of the liability insurance or other evidence of financial responsibility
required pursuant to this article; and a registration fee.
517.5. Enforcement.
It shall, be the duty and responsibility of all MiamiDade County Animal Control
Officers to enforce the provisions of this article.
517.6. Time for compliance.
All persons subject to this article shall have ninety (90) days from the effective date
of this section [April 14,1989] to comply with all confinement and registration and
requirements. The provisions of Section 517.3, entitled “Liability Insurance or Other
Evidence of Financial Responsibility Required to be Maintained by Owner of Pit Bull
Dogs,” shall be effective on January, 1, 1990.
No pit bull dogs may be sold, purchased, obtained, brought into MiamiDade County,
or otherwise acquired by residents of MiamiDade County anytime after the passage of
ninety (90) days after the effective date of Ordinance Number 8922. No such newly
acquired pit bull dogs may be kept, maintained, or otherwise harbored within Miami
Dade County, and each day any such newly acquired pit bull is so kept, maintained, or
harbored shall constitute a separate violation of this section.
Violation of subsection (b) may result in the issuance of a civil violation notice, and
Humane destruction of the pit bull dog by order of a court of competent jurisdiction.
The County Manager or his designee may apply to the court for such order pursuant to
this paragraph.
Failure to register a pit bull dog as required by this article within the ninetyday grace
period shall be prima facie evidence that the pit bull dog is a newly acquired pit bull dog.
517.7. Pit bull signs in veterinary offices, kennels, commercial breeders,
commercial animal establishments, pet shops, and dog grooming businesses.
Signs Required. Every veterinary office, kennel, commercial breeder, commercial
animal establishment, pet shop, and dog grooming business must post a sign stating in
English, Spanish and Creole the following:
BOTH PURE AND MIXED BREED PIT BULL DOGS ARE CLASSIFIED AS
DANGEROUS. IT HAS BEEN ILLEGAL TO ACQUIRE A NEW PIT BULL DOG
SINCE JANUARY 1, 1990. FAILURE TO REGISTER, MUZZLE, CONFINE, AND
INSURE A PIT BULL IS A VIOLATION OF THE LAW SUBJECT TO SEVERE
PENALTY. Section 517.1, MiamiDade Code.
IF YOU OR YOUR FAMILY IS AT RISK BECAUSE SOMEONE LIVING NEAR
YOU ILLEGALLY KEEPS A PIT
BULL, CONTACT THE MIAMIDADE COUNTY DANGEROUS DOG
INVESTIGATOR AT [HERE INSERT CURRENT PHONE NUMBER PROVIDED BY
MIAMIDADE
COUNTY].
The sign must be prominently displayed to the public and clearly legible.
Penalties. Failure to post a sign as required by this section shall be a civil violation
subject to a $500.00 civil, penalty. Every day a sign is not posted shall be a separate
violation.
518. Impounding; animals found in distress; redeeming by owner; disposition
of unredeemed animals; livestock at large.
The Department may impound an animal at a place maintained or designated for that
purpose whenever:
An animal is a stray or livestock is found at large in any manner or a dog has been
found at large in any manner in violation of Section 520; or
The animal’s owner has voluntarily surrendered ownership of the animal to the
Department; or
An animal has been abandoned. For purposes of this section, “abandon” means to
forsake entirely or to neglect or to refuse to provide or perform the legal obligations for
care and support of an animal by its owner or the owner’s agent. An animal shall be
deemed abandoned if it has been placed in the custody of a licensed veterinarian or
kennel and it has not been redeemed after a period of more than ten (10) days after
written notice is given to the owner or the owner’s agent at the last known address; any
such animal may be turned over to the Department for disposition at the discretion of the
Director or designee in any lawful manner, as provided in Section 705.19, Florida
Statutes.
Abandonment shall constitute the relinquishment of all rights and claim by the owner to
such animal; or
An Animal Control Officer finds that an animal is or will be without proper care
because the owner is unable to care for the animal due to injury, illness, incarceration, or
other involuntary absence; or
The Department receives an animal from a law enforcement agency.
Prior to disposing of any animal, the Department will make reasonable efforts to
identify and notify the animal’s owner. The owner may redeem the animal upon payment
of the redemption fees provided in this section. Missing animals may be reported to the
Department, on a form prescribed by the Director for that purpose. An animal voluntarily
surrendered by its owner to the Department, however, shall become the immediate
property of the Department and may be immediately disposed of pursuant to this section.
Confinement period. Animals impounded pursuant to this section shall be confined
by the Department for a period of three
days, except as provided herein.
The confinement period shall be three (3) business days for: animals impounded
because the owner is unable to care for the animal due to injury, illness, incarceration, or
other involuntary absence; and animals received from a law enforcement agency where
there is a known owner.
The confinement period for puppies shall be 24 hours, except as provided in
subsection (1) above.
Animals that have been voluntarily surrendered by their owners to the Department shall
not be subject to any confinement period.
Animals that have been abandoned while in the custody of a licensed veterinarian or
kennel and that have been turned over to the Department after the 10day notice period
required by Section 705.19, Florida Statutes
, shall not be subject to any confinement period.
Cats shall not be subject to any minimum confinement period, except as provided in
Section 518(c)(1) above.
Redemption of Impounded Animals. Animals impounded by the Department shall be
released to their owners upon presentation of proof of ownership and after proper vaccination,
licensing, implantation and registration of a microchip in dogs, and payment of impounding
fees and redemption charges established by implementing order approved by the Board of
County Commissioners. An owner’s agent may redeem an animal upon presentation of the
foregoing information as well as proof of agency.
For purposes of this section, proof of ownership shall include: information registered
with the Department; information contained on a microchip implanted in the animal and
registered with the Department and/or the applicable national microchip registry; pictures of
the animal; the reaction of the animal to the purported owner; and evidence provided by a
licensed veterinarian who has treated the animal.
Additional fees or redemption charges, established by implementing order approved by
the Board of County
Commissioners, shall be assessed in the following circumstances:
Impoundment of a female dog while “in heat.”
Impoundment of an intact dog.
An owner has, within a twelvemonth period, redeemed more than one animal or the
same animal on more than one occasion.
Those animals not redeemed by an owner within the foregoing confinement period
may, at the discretion of the Director or designee, be put up for adoption, released to
approved animal rescue organizations, humanely euthanized, or such other humane
disposition as the Director or designee shall deem appropriate. It is provided, however,
that such animals may not be released to any medical school, college, university, person,
association, corporation, or individual for experimentation or vivisection purposes, or to
any person, firm, corporation, or individual providing, selling, or supplying animals to
any medical school, college, university, person, association, corporation, or individual for
experimentation or vivisection purposes.
Nothing contained in this section shall restrict the ability of an Animal Control
Officer or law enforcement officer to take custody of a neglected or mistreated animal as
provided in Section 828.073, Florida Statutes.
Livestock Running at Large. It shall be unlawful for any owner of livestock to
unlawfully, intentionally, knowingly, or negligently permit the livestock to run at large or
stray or to release livestock, after being impounded, without authority of the impounder.
519. Rabies quarantine; report of animal bites.
Any animal that has bitten a human shall be, at the discretion of the Director or the
Director of the Department of Public Health: impounded and quarantined for ten (10)
days from the date of the bite at the responsible party’s expense at a place designated for
that purpose by the Director or by the Director of the Department of Health; or placed in
the custody of a licensed veterinarian; or quarantined at the responsible party’s home.
Any animal suspected of having rabies or any animal that has been bitten by a known
rabid animal shall be impounded and
quarantined at the responsible party’s expense at a place designated by the Director or the
Director of Public Health for that purpose or placed in the custody of a licensed
veterinarian for ten (10) days.
If an animal is quarantined at the home of the responsible party pursuant to this
section, the responsible party shall be liable for failing to properly confine the animal
during the quarantine period.
Upon completion of the quarantine period, the responsible party shall take the animal
to a licensed veterinarian for certification that the animal is in good health and that its
rabies vaccinations are current. The responsible party shall provide the veterinarian’s
certification to the Department within ten (10) days of the veterinary examination. In
addition, the responsible party shall ensure that the dog has been implanted with a
microchip, the microchip has been registered with the national registry applicable to the
microchip, and the microchip number and other identifying information have been
provided to the Department.
Service animals and animals used for law enforcement purposes shall be exempt
from the quarantine requirements of this section, provided that the animal’s rabies
vaccination is current and was administered in accordance with this chapter.
520. Regulations on dogs in public areas.
Legislative intent. It is deemed in the best interests of the health, safety and welfare
of the citizenry and visitors of MiamiDade County, Florida, that all necessary
precautions be implemented to prevent cutaneous larva migrans (a frequently
severe skin disorder caused by the infective larvae of a dog hookworm which is
transmitted by the contact of the human skin with soil contaminated by dog feces), and
visceral larva migrans (a disease caused by the ingestion of larvae dog roundworms
which commonly occurs when young children swallow dirt).
It shall be unlawful for a responsible party to allow, whether willfully or through
failure to exercise due care or control, a dog into or upon any public park or beach in the
county; provided, however, this provision shall not apply to parkways, wayside parks, or
other park areas in which dogs are specifically authorized.
It shall be unlawful for a responsible party to allow, whether willfully or through
failure to exercise due care or control, a dog to commit any nuisance upon: the sidewalk
of any public street; the floor of any common hall in any apartment house, hotel, or other
multifamily dwelling; or any entranceway, stairway or wall immediately abutting on a
public sidewalk; or the floor of any theatre, shop, store, office building or other building
used in common by the public. “Nuisance,” for the purposes of this section, shall be
defined as defecation and/or urination. If a dog defecates on the grassy swale of a public
rightofway or other such public property, or on private property without the express or
implied consent of the property owner, the responsible party shall remove the defecation
and deposit it in an appropriate trash receptacle, sanitary disposal unit, or other sealed
container.
It shall be unlawful for a responsible party to allow, whether willfully or through
failure to exercise due care or control, a dog to be unrestrained or to be at large in any
manner in or upon: public property; a common area of a private building or
development; or the private property of others without the express or implied consent of
the property owner. Notwithstanding the foregoing, a dog may be unrestrained and shall
not be deemed to be at large if it is supervised by a competent person and is: (i) in a park
area in which dogs are specifically authorized by a municipality or by the County to be
unrestrained; or (ii) engaged in the sport of hunting in an authorized area. An intact dog
running at large shall be subject to higher civil penalties than a sterilized dog; provided,
however, that if the dog is sterilized within 30 days of receipt of the civil violation notice,
the penalty shall be reduced to the amount for a sterilized dog. An intact dog shall be
sterilized if it has received more than two civil violation notices for violations of this
section that, if appealed, have been affirmed.
It shall be unlawful for a responsible party to fail to exercise proper care and control
of his dog or dogs so as to allow the dog or dogs to become a public nuisance. Chasing
vehicles or persons and trespassing upon public or private property in such a manner as to
damage property shall be deemed a public nuisance.
Exceptions. Subsections (b) through (d) of this section shall not apply to a person
using a service animal or to a law enforcement officer using an animal for law
enforcement purposes. Subsection (e) shall not apply to a law enforcement officer using
an animal for law enforcement purposes.
Notwithstanding the provisions of Section 8CC4 governing the penalties for repeat
or continuing violations, for enforcement by civil penalty in accordance with Chapter
8CC of this code, a second violation of this section shall carry a civil penalty of 2.5 times
the penalty listed in Section 8CC10, a third violation shall
carry a civil penalty of 3 times the listed penalty, and each subsequent violation shall
carry a civil penalty of 3.5 times the listed penalty.
520.1. Confinement of intact female dog during estrus.
An intact female dog in heat (estrus) shall be confined during such period of time so
that no other dog may gain access to the confined animal, except for intentional breeding
purposes.
521. Tethering of dogs.
As used in this section, tether means to restrain a dog by tying the dog to any object
or structure, including without limitation a house, tree, fence, post, garage, or shed, by
any means, including without limitation a chain, rope, cord, leash, or running line.
Tethering shall not include using a leash to walk a dog.
It shall be unlawful for a responsible party to tether a dog while outdoors, except
when all of the following conditions are met:
The dog is in visual range of the responsible party, and the responsible party is
located outside with the dog.
The tether is connected to the dog by a buckletype collar or a body harness made of
nylon or leather, not less than one inch in width.
The tether has the following properties: it is at least five times the length of the dog’s
body, as measured from the tip of the nose to the base of the tail; it terminates at both
ends with a
swivel; it does not weigh more than 1/8 of the dog’s weight; and it is free of tangles.
The dog is tethered in such a manner as to prevent injury, strangulation, or
entanglement.
The dog is not outside during a period of extreme weather, including without
limitation extreme heat or nearfreezing temperatures, thunderstorms, tornadoes, tropical
storms, or hurricanes.
The dog has access to water, shelter, and dry ground.
The dog is at least six months of age. Puppies shall not be tethered.
The dog is not sick or injured.
Pulley, running line, or trolley systems are at least 15 feet in length and are less than
7 feet above the ground.
If there are multiple dogs, each dog is tethered separately.
Nothing in this section shall be construed to excuse a violation of section 520 of this
chapter.
This section shall not apply to the transportation of dogs, and in the event of a
conflict with Section 515 of this chapter, Section 515 shall govern.
For a firsttime violation, the Department shall issue a warning notice to the
responsible party and shall wait at least thirty (30) days before taking any further
enforcement action against the responsible party. Thereafter, each violation of this
section shall be subject to enforcement in accordance with Section
52 of this chapter. Notwithstanding the provisions of Section 8CC4 governing the
penalties for repeat or continuing violations, or enforcement by civil penalty in
accordance with Chapter 8CC of this code, a third violation shall carry a civil penalty of
2.5 times the penalty listed in Section 8CC10, and each subsequent violation shall carry
a civil penalty of 3 times the listed penalty. For all civil penalties for violations of this
section collected pursuant to Chapter 8CC, 75% of the amount collected shall be paid to
the Animal Services Trust Fund, created by MiamiDade County Resolution No. R1385
06, as may be amended from time to time.
521.1. Dogs on rooftops.
It shall be unlawful to house, maintain, keep, or otherwise have a dog on the rooftop
of any building. It is provided, however, that it shall not be a violation of this section for
a dog to temporarily accompany a responsible party on the rooftop, or to have a dog in
any habitable residential area.
522. Dangerous dogs; authority to designate dog as dangerous;
confiscation; appeal procedures.
Legislative Intent. This section and Section 523 are intended to utilize the authority
and powers of MiamiDade County in order to secure for the citizens of this County the
protection of their health, safety and welfare. It is intended to be applicable to dangerous
dogs, which are defined herein. This section is designed to identify and regulate these
dangerous dogs and to ensure responsible handling by their owners through confinement,
registration, and liability insurance. Dangerous dogs
have caused extensive damage to persons, other domestic animals, and property, and
have been determined to require the special regulations and provisions contained within
this section, which the County Commission hereby finds reasonable and necessary.
For purposes of this section, Section 523 and Section 5
23.1 of this chapter, the following definitions shall apply:
“Dangerous dog” means any dog that has been designated as dangerous by the
Department pursuant to this section.
“Unprovoked” means that the victim was acting peacefully and lawfully when
encountering the dog and that the dog was not acting defensively or responding to a
threat.
“Severe injury” means any physical injury that results in: wounds from a bite or
bites; a deep puncture wound that requires drainage; a broken bone; or a disfiguring
laceration requiring sutures or reconstructive surgery.
“Proper enclosure of a dangerous dog” means that, while on the responsible party’s
property, a dangerous dog is securely confined indoors or in a securely enclosed and
locked pen or structure, suitable to prevent the entry of young children and designed to
prevent the animal from escaping. Such pen or structure shall have four (4) secure sides,
each at least six (6) feet high, and a secure top to prevent the dog from escaping over,
under, or through the structure, and shall also provide protection from the elements. The
pen or structure shall allow the dog to make normal postural movements and to walk
around and shall also comply with the minimum standards for primary enclosures set
forth in Section 59(d)(1) through (3) of this chapter.
The responsible party shall be liable for any of the following acts:
His or her dog, when unprovoked, endangers, attacks, or bites a human;
His or her dog, when unprovoked and while off the responsible party’s property,
attacks or bites a domestic animal;
He or she uses or trains a dog for dog fighting; or
His or her dog, when unprovoked, chases or approaches a human in a menacing
fashion or apparent attitude of attack upon the streets, sidewalks, or any other public
property or common area of a private building or development.
The Director or designee shall designate a dog as dangerous if the dog commits one
(1) or more of the following acts:
To, when unprovoked, endanger, attack, or bite a human;
To, when unprovoked and while off the responsible party’s property, severely injure
or kill a domestic animal more than once;
To, when unprovoked, chase or approach a human in a menacing fashion or apparent
attitude of attack upon the streets, sidewalks, or any other public property or common
area of a private building or development.
An individual desiring to have a dog designated as dangerous shall attest in a sworn
affidavit to the incident giving rise to the request or shall file a police report and provide
a copy of the police report to the Department, but the Department may commence an
investigation prior to receiving an affidavit or
police report. The Department shall not investigate anonymous complaints.
Notwithstanding any other provision of this section, the responsible party shall not be
liable, and the dog shall not be designated as dangerous, if the threat, injury, or damage
was sustained:
By a human who, at the time, was unlawfully on the property of the responsible
party; or
By a human who, while lawfully on the property of the responsible party, was
tormenting, abusing, or assaulting the dog, the responsible party, or another person
lawfully on the property; or
While the dog was protecting or defending a human within the immediate vicinity of
the dog from an unjustified attack or assault; or
By a human who was engaged in or attempting to engage in a criminal activity at the
time of the attack; or
While the dog was engaged in a legal hunt or in a legal sport or exhibition such as an
obedience trial, conformation show, field trial, hunting/retrieving trial, or herding trial; or
While the dog was engaged in law enforcement work under the direction of a law
enforcement officer.
Confiscation and confinement. Animal Control Officers and law enforcement officers
are hereby authorized to confiscate dogs that are the subject of dangerous dog
investigations, and the Director is hereby authorized to institute appropriate proceedings
in any court of competent jurisdiction if necessary to effectuate the seizure of the dog.
The Animal Control Officer or law enforcement officer shall issue the responsible party a
written notice of the confiscation. Any animal that is the subject of a dangerous dog
investigation and that is not impounded by the Department shall be humanely and safely
confined by the responsible party in a securely fenced or enclosed area, pending the
outcome of the investigation and resolution of any hearings related to the dangerous dog
designation. The address of where the animal resides shall be provided to the
Department. The responsible party shall be responsible for payment of all boarding costs
and other fees as may be required to humanely and safely keep the animal during any
appeal procedures.
A dog that is the subject of a dangerous dog investigation shall not be relocated or
have its ownership transferred pending the outcome of an investigation or any hearings
related to the determination of a dangerous dog designation, unless with the express
written permission of the Department. In the event that a dog is to be euthanized, the dog
shall not be relocated, and ownership of the dog shall not be transferred, unless with the
express written permission of the Department.
If the Director or designee determines that there is sufficient cause to designate the
dog as dangerous, written notification of that determination shall be delivered to the
responsible party by registered mail, certified hand delivery, or service of process in
conformance with Chapter 48, Florida Statutes. That determination, and any related fines
issued pursuant to Chapter 8CC of this Code, may be appealed by providing, within
seven (7) calendar days of receipt of the written notification, a written
request for an administrative hearing; the request shall be delivered to the address
provided on the written notice. If a request for a hearing is received more than seven (7)
calendar days from the receipt of the written notification, the hearing officer shall be
precluded from exercising jurisdiction, and the appeal shall be dismissed as untimely.
Appeal procedures. Upon receipt of a timely written request for an administrative
hearing, the Director or designee shall schedule an administrative hearing to be held not
later than 21 calendar days, and not sooner than 5 days, after receipt of the written
request. The administrative hearing shall be conducted in accordance with the provisions
set forth in Chapter 8CC of this Code. Determinations of dangerousness and fines based
on the same incident shall be heard at the same administrative hearing. No person
aggrieved by a determination to designate a dog as dangerous may apply to the Court for
relief unless he has first exhausted the remedies provided for herein and taken all
available steps provided in this section. While an appeal is pending, the determination
shall be stayed; provided, however, that pending resolution of the appeal, the responsible
party shall confine the dog in a securely fenced or enclosed area. If the Department has
confiscated the dog, the responsible party shall be responsible for payment of all boarding
costs and other fees as may be required to humanely and safely keep the dog during any
appeal procedures.
The responsible party shall be liable for failing to properly confine a dog pending an
appeal.
The responsible party shall be liable if a dog that has not previously been declared
dangerous attacks and causes severe injury or death to a human when unprovoked.
The dog shall be immediately confiscated by the Department, placed in quarantine
and impounded, held for ten
business days after the responsible party is given written notice of the confiscation and
the determination of the Department to euthanize the dog, and thereafter euthanized in
accordance with Section 524 of this chapter.
The euthanasia determination, and any related fines issued pursuant to Chapter 8CC
of this Code, may be appealed by providing, within the tenday impoundment period, a
written request for an administrative hearing; the request shall be delivered to the address
provided on the confiscation notice. The administrative hearing shall be conducted in
accordance with this section. If a request for a hearing is received after the expiration of
the tenday impoundment period, the hearing officer shall be precluded from exercising
jurisdiction, and the appeal shall be dismissed as untimely.
Notwithstanding the provisions of Section 8CC4 governing the penalties for repeat
or continuing violations, for enforcement by civil penalty in accordance with Chapter
8CC of this code, a second violation of this section shall carry a civil penalty of 2.5 times
the penalty listed in Section 8CC10, a third violation shall carry a civil penalty of 3
times the listed penalty, and each subsequent violation shall carry a civil penalty of 3.5
times the listed penalty. Notwithstanding the foregoing, for dogs that were declared
dangerous prior to October 12, 2012, the provisions of Section 8CC4 addressing repeat
or continuing violations shall continue to govern.
523. Additional regulations relating to dangerous dogs.
Within fourteen (14) days after a dog has been designated as dangerous, or a
dangerous dog designation is upheld on appeal, the responsible party shall obtain a
certificate of registration for the dog from the Department. The responsible party shall
renew the certificate annually. The registration shall include the following: Name,
address and telephone number of the dog’s owner; the address where the dog is harbored,
if different from the owner’s address; a complete identification of the dog, including the
dog’s sex, color, and any other distinguishing physical characteristics; and a color
photograph of the dog. Certificates of registration and renewals thereof shall only be
issued to competent persons who are at least eighteen (18) years of age and who present
to the Department sufficient evidence that:
The dog has been vaccinated in accordance with Section 56 of this chapter;
The dog has been sterilized;
The dog has been implanted with a microchip, the microchip has been registered with
the national registry applicable to the microchip, and the microchip number and other
identifying information have been provided to the Department;
Because of the danger posed to humans and animals alike by dangerous dogs running
loose or while running together in a pack, the dog is at all times confined in a proper
enclosure of a dangerous dog, except as otherwise provided in this section; and
A clearly visible warning sign at all entry points conspicuously displaying the words
“Dangerous Dog” informs both children and adults of the presence of a dangerous dog on
the property.
All information required for the MiamiDade County Dangerous Dog Registry
pursuant to subsection (i) below has been provided.
Prior to issuance of the certificate of registration and renewals thereof, the
responsible party shall pay the Department a fee set by implementing order approved by
the Board of County Commissioners.
The responsible party shall immediately notify the Department in writing:
When a dangerous dog is loose or unconfined;
When a dangerous dog has bitten a human or attacked another animal;
Prior to a dangerous dog being sold or given away, or when a dangerous dog dies; or
When a dangerous dog is moved to another address.
If a dangerous dog is sold or given away, the former responsible party shall provide
the name, address, and telephone number of the new responsible party to the Department,
shall update all relevant information with the national registry applicable to the
microchip, and shall provide the Department with confirmation that the microchip
information has been updated. The new responsible party shall comply with all of the
requirements of this chapter, even if the animal is later moved from this County to
another county within the State. If a dog that has been designated by another jurisdiction
as dangerous, aggressive, or similar classification is brought into MiamiDade County,
the responsible party shall immediately register the dog
with the Department in accordance with this section.
(e) Exceptions to Confinement Requirement.
The dog is muzzled and restrained by a chain or leash and under the control of a
competent person. It shall be unlawful for the responsible party to permit a dangerous
dog to be outside a proper enclosure unless the dog is muzzled and restrained by a chain
or leash, and under the control of a competent person. It is provided, however, that no
dangerous dog may be walked within fifty (50) feet of any school ground nor enter onto
such school ground even if restrained and muzzled. The muzzle must be made in a
manner that will not cause injury to the dog or interfere with its vision, respiration, or
hydration, but will prevent it from biting any person or animal. When being transported, a
dangerous dog shall be safely and securely restrained within a vehicle; provided,
however, that nothing contained herein shall be construed to excuse a violation of Section
515 of this chapter.
The responsible party may exercise the dog on the responsible party’s property in a
securely enclosed area that does not have a top, without a muzzle or leash, if the area is
completely enclosed by fences or walls at least six (6) feet in height, the responsible party
remains outside with the dog, and only members of the responsible party’s immediate
household or persons eighteen (18) years of age or older are allowed in the enclosure
when the dog is present.
A dangerous dog being used as a guard dog to protect vacant property may remain
outside provided that (i) the owner provides to the Department certification from an
animal training professional that the dog has been properly trained as a guard dog
and (ii) the dog remains at all times in a securely enclosed area that is completely
enclosed by fences or walls at least six (6) feet in height. The responsible party shall be
liable if the dangerous dog escapes from the vacant property.
A dangerous dog is in attendance at, and participating in, any lawful dog show,
contest, or exhibition sponsored by a dog club, association, society, or similar
organization, and the dog is supervised by a competent person.
A dangerous dog is actually engaged in the sport of hunting in an authorized area and
supervised by a competent person.
The responsible party shall be liable if a dangerous dog attacks or bites a human or a
domestic animal when unprovoked.
The dog shall be immediately confiscated by the Department, placed in quarantine
and impounded, held for ten
business days after the responsible party is given written notice of the confiscation and
the determination of the Department to euthanize the dog, and thereafter euthanized in
accordance with Section 524 of this chapter.
The euthanasia determination, and any related fines issued pursuant to Chapter 8CC
of this Code, may be appealed by providing, within the tenday impoundment period, a
written request for an administrative hearing; the request shall be delivered to the address
provided on the confiscation notice. If a request for a hearing is received after the
expiration of the tenday impoundment period, the hearing officer shall be precluded
from exercising jurisdiction, and the appeal shall be dismissed as untimely. The
administrative hearing shall be conducted in accordance with Section 522 of this
chapter.
The Director is hereby authorized to institute appropriate proceedings in any court of
competent jurisdiction if necessary to effectuate the seizure of a dog while a violation of
this section is under investigation.
Notwithstanding any other provision in this section, an attack or bite by a dangerous
dog shall not be a violation of this section if the dog could not be designated as dangerous
for the same conduct pursuant to Section 522(d) of this chapter.
Upon the euthanasia of a dog based on a violation of Section 522 or of this section:
The Department shall provide the responsible party written notice containing all costs
and fees incurred by the Department in the confiscation, maintenance, quarantine and
euthanasia of the dog, with a deadline of not less than thirty (30) days from receipt of the
notice of payment of the costs and fees.
MiamiDade County may thereafter institute proceedings in a court of competent
jurisdiction to compel payment of the fees and costs incurred by the Department in the
confiscation, maintenance, quarantine and euthanasia of the dog. A certified copy of an
order awarding the County its fees and costs may be recorded in the public records and
thereafter shall constitute a lien against the land of the violator or, if the violator does not
own the land, upon any other real or personal property owned by the violator; and it may
be enforced in the same manner as a court judgment by the sheriffs of this State,
including levy against the personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After one (1) year from the filing of any such
lien which remains unpaid, MiamiDade
County may foreclose on the lien.
Nothing contained herein shall prevent any person from applying to a court of
competent jurisdiction for the seizure, impoundment, or euthanasia of a dangerous dog
based on the responsible party’s failure to comply with the requirements of this section.
Dangerous Dog Registry. The Department shall maintain a publicly accessible
website, called the “MiamiDade County Dangerous Dog Registry,” of all dangerous
dogs registered with the Department. At the time of registration under subsection (a)
above, the responsible party shall provide the following information to the Department, to
be posted on the Dangerous Dog Registry: the name and address of the owner of the
dangerous dog; the address where the dangerous dog is maintained; the name, sex, age,
weight, primary breed, secondary breed, and color and markings of the dangerous dog; a
photograph of the dangerous dog; the most recent vaccination date of the dangerous dog
and the expiration date of the vaccine; the microchip number of the dangerous dog; and
the case numbers of any judicial or administrative proceedings concerning the matters
that resulted in the dog being declared dangerous. The Dangerous Dog Registry entry for
each dangerous dog shall also include a brief description of the incident or incidents that
resulted in the dog being declared dangerous. Nothing herein shall require the disclosure
of personal identifying information that is exempt or confidential under state law. The
Mayor shall develop appropriate procedures to insure protection of identifying
information that is exempt or confidential under state law.
Notwithstanding the provisions of Section 8CC4 governing
the penalties for repeat or continuing violations, for enforcement by civil penalty in
accordance with Chapter 8CC of this code, a second violation of this section shall carry a
civil penalty of 2.5 times the penalty listed in Section 8CC10, a third violation shall
carry a civil penalty of 3 times the listed penalty, and each subsequent violation shall
carry a civil penalty of 3.5 times the listed penalty. Notwithstanding the foregoing, for
dogs that were declared dangerous prior to October 12, 2012, the provisions of Section
8CC4 addressing repeat or continuing violations shall continue to govern.
designee, be relocated, sold, or given away pending the outcome of an investigation or
any hearings related to the determination of an aggressive dog designation.
Procedures. If the Director or designee determines that there is sufficient cause to
designate the dog as aggressive, written notification of that determination shall be
delivered to the responsible party by registered mail, certified hand delivery, or service of
process in conformance with Chapter 48, Florida Statutes. That determination, and any
related fines issued pursuant to Chapter 8CC of this Code, may be appealed by providing,
within seven (7) calendar days of receipt of the written notification, a written request for
an administrative hearing; the request shall be delivered to the address provided on the
written notice. If a request for a hearing is received more than seven (7) calendar days
from the receipt of the written notification, the hearing officer shall be precluded from
exercising jurisdiction, and the appeal shall be dismissed as untimely.
Appeal procedures. Upon receipt of a timely written request for an administrative
hearing, the Director or designee shall schedule an administrative hearing to be held not
later than 21 calendar days, and not sooner than 5 days, after receipt of the written
request. The administrative hearing shall be conducted in accordance with the provisions
set forth in Chapter 8CC of this Code. Determinations of aggressiveness and fines based
on the same incident shall be heard at the same administrative hearing. No person
aggrieved by a determination to designate a dog as aggressive may apply to the Court for
relief unless he has first exhausted the remedies provided for herein and taken all
available steps provided in this section. While an appeal is pending, the
determination shall be stayed.
Registration. Within 14 days after a dog has been designated as aggressive or an
aggressive dog designation is upheld on appeal, the responsible party shall obtain a
certificate of registration for the dog from the Department. The responsible party shall
renew the certificate annually. Certificates of registration and renewals thereof shall only
be issued to a competent person who is at least 18 years of age and who presents to the
department sufficient evidence that:
The dog has been vaccinated in accordance with Section 56 of this chapter;
The dog has been licensed in accordance with Section 57 of this chapter; and
The dog has been implanted with a microchip, the microchip has been registered with
the national registry applicable to the microchip, and the microchip number and other
identifying information have been provided to the Department.
Prior to issuance of the certificate of registration and renewals thereof, the
responsible party shall pay the Department a fee set by implementing order approved by
the Board of County Commissioners.
[Registration of outofcounty aggressive dog.] If a dog that has been designated by
another jurisdiction as aggressive or similar classification is brought into MiamiDade
County, the responsible party shall immediately register the dog with the Department as
an aggressive dog in accordance with this section.
Additional regulations on aggressive dogs.
The responsible party shall immediately notify the Department in writing when an
aggressive dog has been moved to another address.
If an aggressive dog is sold or given away, the former responsible party shall provide
the name, address, and telephone number of the new responsible party to the Department,
shall update all relevant information with the national registry applicable to the
microchip, and shall provide the Department with confirmation that the microchip
information has been updated. The new responsible party shall comply with all of the
requirements of this chapter even if the animal is later moved from this County to another
county within the State.
The responsible party shall immediately notify the Department in writing when an
aggressive dog has bitten a human or a domestic animal.
Restrictions on breeding. It shall be unlawful to breed, or to permit another to use for
breeding, an aggressive dog.
[Designation as dangerous dog.] If an aggressive dog severely injures or kills a
domestic animal, it may be designated as “dangerous” pursuant to Section 522 of this
chapter.
[Penalties and fines.] Notwithstanding the provisions of Section 8CC4 governing
the penalties for repeat or continuing violations, for enforcement by civil penalty in
accordance with Chapter 8CC of this code, a second violation of this section shall carry a
civil penalty of 2.5 times the penalty listed in Section 8CC10, a third violation shall
carry a civil penalty of 3 times the listed penalty, and each subsequent violation shall
carry a civil penalty of 3.5 times the listed penalty.
523.2. Irresponsible dog owners.
A person shall be designated as an “irresponsible dog owner” upon being found
guilty, more than once, of (i) violating Sections 520, 521, 522, 523, or 523.1 of this
code or (ii) committing upon a dog an act deemed cruelty to animals in violation of
Section 54 of this code. For purposes of this section, “found guilty” means that a citation
for such violation has been issued and either the citation has not been appealed or, if the
citation is appealed, the action of the code enforcement officer has been affirmed on
appeal. The designation shall take effect on the later of (i) the date that the time to appeal
an enforcement action expires or (ii) the date a decision affirming the enforcement action
is rendered.
An irresponsible dog owner shall be prohibited from acquiring, owning, keeping, or
harboring additional dogs for a period of 3 years after being so designated. Upon a
subsequent violation of any of the provisions listed in subsection (a) above, an
irresponsible dog owner shall be prohibited from acquiring, owning, keeping, or
harboring additional dogs for a period of 5 years after being found guilty of the
subsequent violation.
An irresponsible dog owner may be required to surrender to the Department all the
dogs he owns, keeps, or harbors upon designation or after subsequent violations. The
Director is hereby authorized to institute appropriate proceedings in any court of
competent jurisdiction to effectuate the seizure of the dogs.
CHAPTER 7
BOATS, DOCKS AND WATERWAYS
ARTICLE I
IN GENERAL
73. Swimming or fishing from road bridges.
A fine not to exceed two hundred dollars ($200.00);
Imprisonment in the county jail for a period not to exceed thirty (30) days;
Both such fine and imprisonment in the discretion of the court having jurisdiction
over the cause;
Fines in accordance with Chapter 8CC of the Code of MiamiDade County; or
Completion of the MiamiDade County Diversion Program, pursuant to
Implementing Order of the Board of County Commissioners.
CHAPTER 8A
BUSINESS REGULATIONS
ARTICLE I
IN GENERAL
8A5. Prohibition of price gouging during declared state of emergency.
(1) It is prima facie evidence that a price is unconscionable if:
a. The amount charged represents a gross disparity between the price of the
commodity or rental or lease of any dwelling unit or selfstorage facility that is the
subject of the offer or transaction and the average price at which that commodity or
dwelling unit or selfstorage facility was rented, leased, sold, or offered for rent or sale in
the usual course of business during the thirty (30) days immediately prior to a declaration
of a state or emergency, and the increase in the amount charged is not attributable to
additional casts incurred in connection with the rental or sale of the commodity or rental
or lease of any dwelling unit or selfstorage facility, or national or international market
trends; or
b. The amount charged grossly exceeds the average price at which the same or
similar commodity was readily obtainable in the trade area during the thirty (30) days
immediately prior to a declaration of a state of emergency, and the increase in the amount
charged is not attributable to additional costs incurred in connection with the rental or
sale of the commodity or rental or lease of any dwelling unit or selfstorage facility, or
national or international market trends.
Upon a declaration applicable to any portion of MiamiDade County of a state of
emergency by the Governor, the Mayor, the Board of County Commissioners, the County
Manager or Director of the MiamiDade Police Department, it shall be unlawful for a
person or his agent or employee to rent or sell or offer to rent or sell at an unconscionable
price within the area for which the state of emergency is declared, any essential
commodity including, but not limited to food, water, ice, chemicals, petroleum products,
lumber, supplies, services, provisions, or equipment, or any dwelling unit or selfstorage
facility, that is necessary for consumption or use as a direct result of the emergency. This
prohibition shall remain in effect until the declaration expires or is terminated.
A price increase approved by an appropriate government agency shall not be a
violation of this section.
This section shall not apply to sales by growers, producers, or processors of raw or
processed food products, except for retail sales of such products to the ultimate consumer
within the area of the declared state of emergency.
(5)a. Any person or entity who suffers a loss as result of a violation of any provision
of this article may, in addition to any other available remedy, recover compensatory
damages, attorney’s fees and court costs from the person or entity committing the
violation.
b. Any person or entity who proves the violation of any provision of this article
occurred willfully or in bad faith shall recover from the person or entity committing the
violation as compensatory damages threefold the actual damages sustained or
two hundred dollars ($200.00), whichever is greater, in addition to any other recovery
available under law of this article.
In addition to the remedies elsewhere provided in this article, the County Manager or
his or her designee shall have the authority to institute a civil action in a court of
competent jurisdiction: (i) to seek temporary or permanent, prohibitory or mandatory
injunctive relief to enforce compliance with or prohibit the violation of this Section 8A5;
(ii) to impose and recover a civil penalty in an amount of not more than ten thousand
dollars ($10,000.00) for each violation of this Section 8A5; and (iii) to recover any sums
and costs expended by the county in tracing, investigating, preventing, controlling,
abating or remedying violation of this Section 8A5. Each day during any portion of
which such violation occurs constitutes a separate violation. In any such action in which
the county prevails the court shall award the county reasonable attorney’s fees.
The County Manager or his or her designee shall have the power to investigate
compliance with the requirements of this Section 8A5 and incident thereto may
subpoena witnesses, administer oaths and require the production of records.
In addition to the remedies elsewhere provided in this article, any person found guilty
of violating any provision of this Section 8A5 may be punished by a fine not to exceed
five hundred dollars ($500.00), or by imprisonment in the county jail for a period not to
exceed sixty (60) days, or both.
ARTICLE IX
LOCAL BUSINESS TAX RECEIPT
8A171. Local business taxes imposed.
For purposes of this chapter the issuance of a local business tax receipt or receipts to
a business or professional shall not be deemed to constitute evidence of the business’ or
the professional’s entitlement to conduct its activities pursuant to other provisions of
applicable law.
8A172. Doing business without local business tax receipt.
It shall be unlawful and a violation of this section for any person to carry on or
conduct any business or profession for which a receipt is required without first obtaining
such receipt. Any person convicted of a violation of this section shall be punished by:
A fine not to exceed double the amount required for such receipt;
Imprisonment in the county jail for a period not to exceed sixty (60) days;
Both such fine and imprisonment in the discretion of the court having jurisdiction
over the cause;
Fines in accordance with Chapter 8CC of the Code of MiamiDade County; or
Completion of the MiamiDade County Diversion Program, pursuant to
Implementing Order of the Board of County Commissioners.
ARTICLE XIII
COMMERCIAL VEHICLE IDENTIFICATION
8A276. Requirements.
(a) Definitions. When used herein:
The words “commercial vehicle” shall mean any vehicle whether motordriven or
towed, and used, constructed, or equipped for the transportation of goods, wares,
merchandise, tools, or equipment in trade, commerce, or industry. The following vehicles
shall be excluded from the effect of this article: Passenger automobiles including station
wagons, vehicles constructed for recreational purposes or other noncommercial purposes,
vehicles used by governmental agencies for official business, and other vehicles which
are or may be required to be similarly identified by State or federal law.
Vehicles, markings of. Every commercial vehicle operated on the streets of the
County shall at all times display, plainly marked in letters and numerals not less than
three (3) inches in height, the name and telephone number of the owner or business
thereof. Any contractor required to be licensed by the State or MiamiDade County shall
also comply with Section 104(b) of this code. If a vehicle is rented, the information
required by this paragraph but applicable to the lessee or user, not the owner, must be
affixed to the vehicle.
Violations. Any person convicted of:
(1) A violation of this section shall be punished by:
a. A fine of not more than two hundred fifty dollars ($250.00);
b. Fines in accordance with Chapter 8CC of the Code of MiamiDade County; or
c. Completion of the MiamiDade County Diversion Program, pursuant to
Implementing Order of the Board of County Commissioners.
A second violation of this section shall be punished by: a. A fine of not more
than five hundred dollars ($500.00);
b. Fines in accordance with Chapter 8CC of the Code of MiamiDade County; or
c. Completion of the MiamiDade County Diversion Program, pursuant to
Implementing Order of the Board of County Commissioners.
Any subsequent violations of this section shall be punished
by:
a. A fine of not more than one thousand dollars ($1,000.00);
b. Fines in accordance with Chapter 8CC of the Code of MiamiDade County; or
c. Completion of the MiamiDade County Diversion Program, pursuant to
Implementing Order of the Board of County Commissioners.
Applicability. This article shall be applicable in all the unincorporated and
incorporated areas of MiamiDade County, Florida.
Waiver. Upon written application, the MiamiDade Police Department may grant a
waiver of the requirements of this section
where it is demonstrated that compliance with this section may constitute a security risk
to the commercial vehicle or its passengers.
Farm Vehicle Exemption.
A vehicle, owned or operated by a farmer, or lessee, or his or her designee, on a farm,
grove, or nursery actively engaged in the production of agricultural or horticultural
pursuits. Such vehicle is only operated incidentally on the roads, to go to or from the
owner’s or operator’s headquarters or farm, grove or nursery and return.
A vehicle, used principally for the transport of plows, harrows, fertilizer distributors,
spray machines, or other farm, grove or nursery equipment ancillary to a bonafide
agricultural use. Such vehicle only uses the roads incidentally to go to or from the
owner’s or operator’s headquarters or farm, grove or nursery and return.
A vehicle with a gross vehicle weight rating (“GVWR”) of 10,000 lbs. or less which
is owned and operated by a farmer or lessee in the support of an active farm, grove or
nursery operation.
ARTICLE XVI
MIAMIDADE COUNTY MOVING ORDINANCE
8A325. Definitions.
Accessorial services shall mean any service performed by a mover which results in a
charge to the shipper and is incidental to the transportation service, including, but not
limited to, preparation of a written inventory, packing, unpacking, or crating
of articles, hoisting or lowering, waiting time, overtime loading and unloading,
reweighing, disassembly or reassembly, elevator or stair carrying, boxing or servicing of
appliances, and furnishing of packing or crating materials. Accessorial services include
services not performed by the mover but by a third party at the request of the shipper or
mover if the charges for such services are to be paid to the mover prior to or at the time of
delivery.
(a.5) Advertise shall mean to advise, announce, give notice of, publish or call
attention by use of oral, written or graphic statement made in a newspaper or other
publication or on radio or television, any electronic medium, or contained in any notice,
handbill, sign (including signage on vehicle), flyer, catalog, or letter, or printed on or
contained in any tag or label attached to or accompanying any good.
Article shall mean Article XVII of the Code of MiamiDade County, Florida, and any
rules, regulations and standards promulgated pursuant to this article.
Commission shall mean the Board of County Commissioners of MiamiDade County,
Florida.
Compensation shall mean money, fee, emolument, quid pro quo, barter,
remuneration, pay, reward, indemnification or satisfaction.
Contract for service or bill of lading shall mean a written document prepared by the
mover and approved by the shipper in writing, prior to the performance of any service,
that authorizes services from a named mover and lists the services and costs associated
with the transportation of household goods and accessorial services.
Customer shall mean a person who inquires about, makes a request for or enters into
a contract for service.
Director shall mean the Director of the Consumer Services Department or his/her
designee. This definition shall apply to Section 8A82.1 of the Code of MiamiDade
County, Florida, when utilizing the provisions of this article.
(g.5) Equipment shall mean those items utilized by the mover to secure, deliver,
transport and/or protect the shipper’s household goods. Such equipment includes, but is
not limited to, dollies, hand trucks, pads, blankets, and straps.
Estimate shall mean a written statement given by the mover to the shipper which sets
forth the total cost of and the basis of the charges related to a shipper’s move, such as, but
not limited to, transportation or accessorial services.
Household goods shall mean personal effects, or other personal property, found in a
home or personal residence, or found in a storage facility owned or rented by the shipper,
where the shipper is the owner or the agent of the owner of the items. This definition does
not include freight or personal property moving to or from a factory or store or other
place of business.
Mover shall mean any person who engages in the transportation of household goods
for compensation or any person who holds himself or herself out to the general public as
engaging in the transportation of household goods for compensation.
(j.5) Packing material shall mean the container utilized by a mover to package,
deliver, transport, and/or protect the shipper’s household goods. If a mover charges for
packing material, the
mover shall only charge for such material on a per container basis. This container charge
shall include the cost for each container and any wrap, tape or other materials utilized by
mover to pack the container.
Person shall mean any natural person, individual, public, or private corporation, trust,
firm, association, joint venture, partnership, municipality, governmental agency, political
subdivision, public officer, or any other entity whatsoever, or any combination of the
foregoing, jointly or severally.
Registration or registration certificate shall mean the authorization by the Director
required by this article before a person is authorized to engage in business in MiamiDade
County as a mover of household goods.
Shipper shall mean any person who contracts with a mover for the transportation of
household goods. This term shall include any other person whom the shipper designates
in writing.
8A326. Intent and application.
The provisions of this article shall be construed liberally to promote the following
policies:
To establish the law governing moving practices within this county with regard to the
transportation of household goods.
To address moving practices in this county in a manner that is not inconsistent with
federal law and the laws of this state relating to consumer protection and moving.
The provisions of this article apply to the operations of any mover engaged in the
intrastate transportation of household
goods, except that this article shall not be construed to include shipments contracted by
the United States, the state, or any local government or subdivision thereof. The provision
of this article shall only apply to the transportation of household goods originating in
MiamiDade County and terminating in MiamiDade County, Broward County or Palm
Beach County, or originating in Broward County or Palm Beach County and terminating
in MiamiDade County.
It is the intent of this article to seek to secure the satisfaction and confidence of
customers and members of the public when utilizing a mover. This article shall be
effective in the incorporated and unincorporated areas of MiamiDade County and shall
be liberally construed to effectuate the purposes set forth herein and to protect the public.
This article shall be known and cited as the “MiamiDade County Moving Ordinance.”
Nothing in this article shall be construed to remove the authority or jurisdiction of
any state or local agency with respect to goods or services regulated or controlled under
other provisions of law or ordinance.
This article is not applicable to an act or practice required or specifically permitted by
federal law or the law of this state.
The provisions of this article shall be deemed supplemental to all county and
municipal ordinances. In the event of a conflict between any of the provisions of this
article and any provision of any county or municipal ordinance, the provision which
establishes the most stringent standard shall prevail.
8A330. Contract for service and disclosure statement
required.
In any agreement for service, the mover shall prepare a written contract for service.
The contract for service shall be provided by the mover to the shipper for the shipper’s
written authorization and signature before commencing the performance of any
transportation or accessorial services.
A contract for service shall clearly and conspicuously disclose, at a minimum, the
following:
The name and telephone number of the mover and the address of the mover at which
employees of the mover are on duty during business hours.
The name of the shipper, the addresses at which the items are to be picked up and
delivered, if available; and a telephone number where the shipper may be reached, if
available.
The agreed pickup and delivery date, or the period of time within which pickup,
delivery, or the entire move will be accomplished, if provided.
A description of the transportation and accessorial services expected to be provided
during a move.
In the event that no estimate has been provided pursuant to this article, the total cost
of the transportation and accessorial services to be provided.
The method of payment, subject to the provisions of Section 8A334 of this Code.
In the event that an estimate has been provided pursuant to this article, the maximum
amount required to be paid by the
shipper to the mover at the time of delivery, subject to the provisions of Section 8A332
of this Code.
The name and telephone number of any other person who may authorize pickup or
delivery of any items to be transported, if the shipper designates such a person in writing.
A statement regarding the mover’s limitation of liability, subject to the provisions of
Section 8A336 of this Code.
A brief description of the procedures for shipper inquiry and complaint handling and
a telephone number which the shipper may use to communicate with the mover,
accompanied by a statement disclosing who shall pay for such calls if other than the
mover.
If the cost for services provided is based on weight, a statement that the shipper has a
right to observe any weighing before and after loading.
The contract for service provided by a mover to a shipper shall include the following
language in bold capitalized letters of at least 12point type:
PLEASE READ CAREFULLY:
8A331. Estimates of moving costs.
A mover shall provide to the shipper a written estimate of the costs for moving the
shipper’s household goods, to include all transportation and accessorial services. No
mover shall charge for preparing an estimate unless, prior to preparing the estimate, the
mover:
Clearly and conspicuously discloses in writing to the customer the amount of the
charge for preparing the estimate or, if the amount cannot be determined, the complete
basis upon which the charge will be calculated, and
Obtains the customer’s written authorization on the written estimate to prepare an
estimate.
It is unlawful for a mover to require a shipper to waive the shipper’s right to a written
estimate. A shipper cannot waive the shipper’s right to a written estimate.
The written estimate provided to the shipper shall, at a minimum, include the
following:
The total cost for transportation and accessorial services to be provided.
A description of the transportation and accessorial services to be provided.
A listing of the basis for which any charges may be assessed for the transportation
and accessorial services to be provided.
The following language in bold capitalized letters of at least
12point type:
UNDER COUNTY LAW YOU ARE ENTITLED TO A WRITTEN ESTIMATE OF
THE TOTAL COST OF YOUR MOVE AND A COPY OF THE DISCLOSURE
STATEMENT. PLEASE REVIEW THESE DOCUMENTS TO MAKE SURE THEY
ARE COMPLETE.
A copy of the estimate, signed by the mover, shall be delivered to the shipper prior to
performing any transportation or accessorial service and a copy shall be maintained by
the mover as part of the mover’s records.
Nothing in this article shall be construed to require a customer to enter into a contract
for service with a mover based upon the issuance of an estimate.
The estimate and disclosure may be provided on the same
form as the contract for service.
No mover shall provide an oral estimate to any customer.
Reserved.
Mover shall provide to the consumer, at the time of performing a moving estimate, a
copy of Moving Consumer Bill of Rights
and Disclosure Statement on its letterhead, in
the form approved and as amended by the Director.
Failure to present the Disclosure Statement shall constitute a violation of this Section
and shall be subject to civil penalties described in this Chapter.
8A345. Criminal penalties.
In addition to any other judicial or administrative remedies or penalties provided by
law, rule, regulation or ordinance, if any person violates or fails or refuses to obey or
comply with any of the provisions of this article or any lawful order of the Director or
any cease and desist order of the Director or any notice to correct a violation of the
Director or any assurance of compliance entered into pursuant to Section 8A82.1 of the
Code and this article, or any condition, limitation, or restriction of a registration
certificate issued by the Director, such person, upon conviction of any such offense, shall
be punished by a fine not to exceed five hundred dollars ($500.00), or by imprisonment
not to exceed sixty (60) days in the county jail, or both, in the discretion of the court.
Each day or portion thereof of continuing violation shall be deemed a separate offense.
__________
CHAPTER 8CC
CODE ENFORCEMENT
8CC5.1. MiamiDade County Diversion Program.
Notwithstanding the provisions of Section 8CC5, a violator who has been served
with a civil violation notice may enter the MiamiDade County Diversion Program,
pursuant to Implementing Order of the Board of County Commissioners, provided the
civil violation notice is issued for the violation of an ordinance listed in the table below,
which may be amended from time to time.
The “descriptions of violations” below are for informational purposes only and are
not meant to limit or define the nature of the violations or the subject matter of the listed
Code sections, except to the extent that different types of violations of the same Code
section may carry different civil penalties. To determine the exact nature of any activity
proscribed or required by this Code, the relevant Code section must be examined.
8CC10. Schedule of civil penalties.
The following table shows the sections of this Code, as they may be amended from
time to time, which may be enforced pursuant to the provisions of this chapter; and the
dollar amount of civil penalty for the violation of these sections as they may be amended.
The “descriptions of violations” below are for informational purposes only and are
not meant to limit or define the nature of the violations or the subject matter of the listed
Code sections, except to the extent that different types of violations of the same Code
section may carry different civil penalties. For each Code section listed in the schedule of
civil penalties, the entirety of that section may be enforced by the mechanism provided in
this Chapter 8CC, regardless of whether all activities proscribed or required within that
particular section are described in the “Description of Violation” column. To determine
the exact nature
of any activity proscribed or required by this Code, the relevant Code section must be
examined.
[THE FOLLOWING TABLE CONTAINS SECTIONS OF THE MIAMIDADE
COUNTY CODE THAT ARE THE MOST FREQUENTLY USED BY LAW
ENFORCEMENT FOR CIVIL CITATIONS. FOR THE FULL VERSION OF MIAMI
DADE COUNTY CODE SECTION 8CC10, REFER TO WWW.MUNICODE.COM.
OFFICERS CITING VIOLATORS FOR ANY OF THE BELOW LISTED
VIOLATIONS MUST USE A MIAMIDADE COUNTY UNIFORM CIVIL
VIOLATION NOTICE FORM.]
* * *
CHAPTER 15
SOLID WASTE MANAGEMENT
156. Littering, dumping and unauthorized delivery prohibited; dumping
or burying solid waste without proper authorization; unauthorized delivery of
solid waste at neighborhood trash and recycling centers; declared public
nuisance; presumption.
Intent. It is the intent of the Board of County Commissioners of MiamiDade County,
Florida, to prevent, in whatever way possible, the abuse of the environment of Miami
Dade County through acts of any persons that are generally classified under the headings
of “dumping” and “littering,” which acts severely burden the taxpayers of MiamiDade
County and adversely affect the attractiveness, public health, safety and welfare of the
community for its residents and visitors. To this end, this section is hereby created and
shall be known as the “Dade Clean County Ordinance.”
Prohibited act(s). The following shall be unlawful:
It shall be unlawful for any person to cause, let, allow, permit or suffer the dumping
of litter on any public or private highway, road, street, alley, bridge, drain, gutter, lane,
sidewalk, vacant lot, or thoroughfare, except in areas lawfully provided therefor.
It shall be unlawful for any person to cause, let, allow, permit or suffer the dumping
of litter in or on any freshwater lakes, canals, rivers or streams or tidal or coastal waters
of MiamiDade County.
It shall be unlawful for any person to cause, let, allow, permit or suffer the dumping
of litter on any public or private property not listed in Subsection (1) above, unless prior
written consent of the owner has been given, and such disposal has been authorized by
permit from all governmental authorities having jurisdiction, and provided that said litter
will not cause a public nuisance or be in violation of any other State or local laws, rules
or regulations.
Causing, maintaining, permitting or allowing the accumulation of any litter on any
construction or building site before, during or after completion of said construction or
building. It shall be the duty of the owner, or his agent, of the property in question to
make adequate provision for the disposing of litter and to have on the construction or
building site adequate facilities for the disposing of said litter and solid waste and to
make appropriate arrangements for the collection thereof.
Disposing of the carcass of any dead animal, domestic or otherwise, by the throwing,
discarding, placing or depositing of said carcass in or on any of the locations noted in
Subsections (1) through (3) of this section.
Delivery, by any person, of garbage at neighborhood trash and recycling centers.
Delivery, by any person, of solid waste at any neighborhood trash and recycling
center that is not generated from a residential unit located in unincorporated MiamiDade
County or from a residential unit located in a municipality which is served by the
Department for solid waste collection. Bulky waste shall be presumed to be other than
householdgenerated if it is delivered
by any person that is other than a resident of the unincorporated service area or a resident
of a municipality served by the Department for solid waste collection or a landscaping
business having a current permit in accordance with Section 1517.1 of this Code.
Obstructing the use of a neighborhood trash and recycling center.
Vandalizing a neighborhood trash and recycling center.
Delivery by a permitted landscaping business of any materials other than clean yard
trash at a neighborhood trash and recycling center.
Salvaging or scavenging at any Department of Solid Waste Management facility by
any person is a violation of this Chapter, and may be enforced as described in Section 15
32 herein.
It shall be unlawful for any permitted landscaping business to cause, let, allow,
permit or suffer the delivery of clean yard trash to any neighborhood trash and recycling
center or Countyowned disposal facility in a vehicle that does not have a permit.
It shall be unlawful for any permitted landscaping business to cause, let, allow,
permit or suffer the modification of a permitted vehicle to increase the capacity of the
vehicle after the vehicle has been permitted.
It shall be unlawful for any permitted landscaper business to cause, let, allow, permit
or suffer the delivery of clean yard trash with a trailer and a van or pick up truck
simultaneously.
Declared public nuisance. In addition to, and not in
limitation upon, any enforcement action for violation of this section, it is the intent of the
Board of County Commissioners to declare the dumping of litter in MiamiDade County
to be a public nuisance, and to subject violators of this section to the provisions of
Chapter 19 of the Code of MiamiDade County calling for removal of such a public
nuisance through notice, hearing and a lien enforcement procedure if the County so
chooses to remedy the prohibited condition. To that end, the provisions of Chapter 19 of
the Code of MiamiDade County are hereby incorporated by reference and made a part of
this section. Any action taken pursuant to this section utilizing the provisions of Chapter
19 shall be considered cumulative and in addition to penalties and other remedies
provided elsewhere in this Code.
Applicability of State laws. In addition to, and not in limitation of the provisions of
this section, the provisions of Section 403.413, Florida Statutes, also known as the
“Florida Litter Law,” as amended from time to time, are hereby added to this Code of
Ordinances and incorporated by reference herein. The Board of County Commissioners
would also respectfully suggest to the judges of those courts trying persons for violations
of the “Florida Litter Law” that the provisions of Chapter 948, Florida Statutes,
“Probation,” be utilized liberally in order to require such persons to expend appropriate
amounts to time and effort gathering up litter at places within the County designated by
the court.
Presumption where motor vehicle is source of litter. In the prosecution charging a
violation of Section 156(b) of the Code by the dumping of litter in any manner or
amount whatsoever in or on any public highway, road, street, alley, thoroughfare or any
other public lands or waters, by, through or from a motor vehicle, proof that the particular
vehicle described in the complaint was the source of the litter so discarded, together with
proof that the defendant named in the complaint was at the time of such violation the
registered owner of such a vehicle, shall constitute in evidence a presumption that the
registered owner of such vehicle was the person who committed the violation of the
ordinance abovenoted. Said presumption may be rebutted by substantial evidence on the
part of said owner.
CHAPTER 21
OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE II
MINORS
216. Purchase or sale of certain articles by.
When unlawful. It shall be unlawful for any person to buy any used or secondhand
article from a person under seventeen
years of age unless accompanied by a parent or legal guardian, and it shall likewise be
unlawful for any person under seventeen (17) years of age to offer for sale any such
articles.
Exception. Persons under seventeen (17) years of age lawfully employed as a sales
person in any established place of business shall be exempt herefrom.
218. Lodginghouse to report presence of.
Each owner, agent, manager or keeper of a hotel, boardinghouse, tenement house or
apartment house shall immediately report to the MiamiDade Police Department the
presence there (except for purely temporary purposes in the daytime) of all minors under
the age of eighteen (18) years, unless such minors are accompanied by the parent,
guardian or other person having the care and custody of such minors. The report shall
include the name, age, lastknown place of abode of the minors and the names and
residences of the parents, guardian or other custodian of such minors, so far as such
information can be ascertained from the minors or otherwise.
219. Tattooing.
2110. False statement or credentials for gaining admission to prohibited
places.
It shall be unlawful for any minor to make statements, or to furnish, present, or
exhibit any fictitious or false registration card, identification card, or note or other
document, or to furnish, present or exhibit such document or documents issued to a
person other than the one (1) presenting the same, for the purpose of gaining admission to
prohibited places or for the purpose of procuring the sale, gift or delivery of prohibited
articles, including, but not limited to, beer, liquor, wine, cigarettes, and tobacco.
2111. Minors engaging others for unlawful purpose.
ARTICLE III
WEAPONS
DIVISION 1
IN GENERAL
2114. Dangerous weapons; penalty; trial court.
Concealed dangerous weapons. It shall be unlawful for any person to wear under his
clothes, or concealed about his person, or to display in a threatening manner any
dangerous or deadly weapon including, but not by way of limitation, any pistol, revolver,
slingshot, crossknuckles or knuckles of lead, brass or other metal, or any bowie knife,
razor, dirk, dagger, or any knife resembling a bowie knife, or any other dangerous or
deadly weapon, except as hereinafter provided.
Note—Florida Statutes § 790.33, as amended, preempts and declares null and void
all local ordinances, administrative regulations and rules in the field of firearms and
ammunition, with limited exceptions set forth in § 790.33, as amended.
Switch blades. It shall be unlawful for any person to sell, offer to sell, display, use,
possess or carry any knife or knives having the appearance of a pocket knife, the blade or
blades of which can be opened by a flick of a button, pressure on the handle, or other
mechanical contrivance. Any such knife is hereby declared to be a dangerous or deadly
weapon, within the meaning of subsection (a) and shall be subject to forfeiture to the
County as provided by subsection (c).
Forfeiture in addition to other penalties. Every person convicted of any violation of
this section shall forfeit to the County such dangerous or deadly weapon so concealed or
displayed.
Exception. Nothing in this section shall be construed to
forbid any regular, special or ex officio police officer from carrying or wearing, while on
duty, such weapons as shall be necessary in the proper discharging of his duty.
Penalty. Every person who is convicted for a violation of subsection (a) shall for first
conviction thereof be punished by imprisonment for not less than six (6) months and by a
fine of not less than one thousand dollars ($1,000.00); for a second or subsequent
conviction of a violation of subsection (a) such person shall be punished by imprisonment
for not less than one (1) year and by a fine of not less than one thousand dollars
($1,000.00).
Court of appropriate jurisdiction vested with trial jurisdiction. All violations of
Section 2114(a) shall be prosecuted only in the court of appropriate jurisdiction which
shall have original, exclusive jurisdiction to try all cases arising hereunder. Provided,
however, that where an act is recognized by State law as a misdemeanor and by this
section as an offense, complaints against persons charged with such unlawful acts may be
filed and prosecuted in either the court of appropriate jurisdiction or the Criminal Court
of Record of MiamiDade County, Florida, as the prosecuting attorney shall direct.
Certain municipal ordinances superseded. The provisions of Section 2114, Miami
Dade Code, as amended by Ordinance 6872, shall pertain to all violations thereof within
the County and supersede and nullify those provisions of any and all municipal
ordinances, codes and laws which define or penalize any act prohibited by Section 21
14(a) except those municipal ordinances, codes and laws not in conflict therewith and
which contain an identical penalty provision.
2114.1. Transmission of hoax substances.
It shall be a violation of this section for any person to knowingly and intentionally
transmit, send, deliver, or display, or to threaten or conspire to transmit, send, deliver, or
display, to another person or organization, whether public or private, any hoax substance
which a reasonable person would believe is a chemical or biological agent intended to
cause the illness or death of any person. Any person convicted of a violation of this
section shall be punished by a fine not to exceed five hundred dollars ($500.00), or by
imprisonment not to exceed sixty (60) days, or both such fine and imprisonment in the
discretion of the court.
2115. Reserved.
2116. Reserved.
2117. Possession of weapons by felons, intoxicated persons, etc.
It shall be unlawful for any person who has been convicted of a felony, or who is
under the influence of alcohol or a narcotic or drug to wear or have about his person or in
any vehicle in which he is an occupant any firearm or other dangerous or deadly weapon.
Note—Florida Statutes § 790.33, as amended, preempts and declares null and void
all local ordinances, administrative regulations and rules in the field of firearms and
ammunition, with limited exceptions set forth in § 790.33, as amended.
2118. Handling weapon in dangerous manner.
It shall be unlawful for any person to display, flourish, or handle in a threatening
manner, any dangerous or deadly weapons in the presence of one (1) or more persons,
except in selfdefense or in the defense of person or property.
Note—Florida Statutes § 790.33, as amended, preempts and declares null and void
all local ordinances, administrative regulations and rules in the field of firearms and
ammunition, with limited exceptions set forth in § 790.33, as amended.
2118.1. Reserved.
2119. Disposition of weapons seized on arrest.
It shall be the duty of every police officer, upon making any arrest and taking a
weapon under any provision of this article, to deliver such weapon to the clerk of the
court of appropriate jurisdiction, to be held by the clerk until the final determination of
the prosecution. Upon a finding of guilt, it shall be the duty of the clerk to deliver the
weapon or weapons forthwith to the MiamiDade Police Department which shall dispose
of the weapon. If the person charged be acquitted of the offense, the weapon taken from
him shall be returned to him upon request; provided, however, that if it is not called for
within sixty (60) days from and after the date of his acquittal or the dismissal of the
charges against him, the weapon shall be disposed of as in the case of conviction.
2119.2. Reserved.
2120. Reserved.
DIVISION 3
ELECTRONIC CONTROL DEVICES
2120.20. Definitions.
For purposes of this division, the following terms shall be defined as follows:
The word “Electronic Control Device” as used in this division shall be construed to
mean any portable device which is designed or intended by the manufacturer to be used,
offensively or defensively, which fires one or more barbs attached to a length of wire and
which, upon hitting a person, can send out an electric pulse or current capable of
temporarily immobilizing or incapacitating a person by disrupting that person’s nervous
system.
“Any part of the transaction” means any part of the sales transaction, including but
not limited to, the offer of sale, negotiations, the agreement to sell, the transfer of
consideration, or the transfer of the electronic control device.
“Property to which the public has the right of access” means any real or personal
property to which the public has a right of access, including property owned by either
public or private individuals, firms and entities and expressly includes, but is not limited
to, flea markets, gun shows and firearm exhibitions.
“Sale” means the transfer of money or other valuable consideration.
2120.21. Fiveday Waiting Period and Criminal History Records Check
on Electronic Control Device Sales.
Application and enforcement of section. Law enforcement officers shall have the
right to enforce the provisions of this section against any person found violating these
provisions within their jurisdiction.
Sale and delivery of electronic control devices; mandatory fiveday waiting period.
There shall be a mandatory fiveday waiting period, which shall be five full days,
excluding weekends and legal holidays, between the hour of the sale and the hour of the
delivery of any electronic control device when any part of the transaction is conducted
within MiamiDade County on property to which the public has the right of access.
Sale and delivery of electronic control devices; mandatory criminal records check.
No person, whether licensed or unlicensed, shall sell, offer for sale, transfer or deliver
any electronic control device to another person when any part of the transaction is
conducted on property to which the public has the right of access within MiamiDade
County unless the buyer or the transferee has undergone the criminal history and
background check procedures specified under
section 790.065, Florida Statutes (2005)
and has been provided with a unique approval number.
In the case of a seller who is not a licensed importer, licensed manufacturer or
licensed dealer, compliance with section 790.065
or its state or federal successor shall be achieved by the seller requesting that a licensed
importer, licensed manufacturer or licensed dealer complete all the requirements of
section 790.065 or its state or federal successor. Licensed importers, manufacturers and
dealers may charge a reasonable fee of an unlicensed seller to cover costs associated with
completing the requirements of section 790.065.
Records available for inspection. Records of electronic control device sales must be
available for inspection by any law enforcement officer as defined in
section 934.02(6),
Florida Statutes
(2005).
Exemptions. Holders of a concealed weapons permit as prescribed by state law and
holders of an active certification from the Criminal Justice Standards and Training
officer, or a correctional probation officer as set forth in state law shall not be subject to
the provisions of this section.
Sales to a licensed importer, licensed manufacturer or licensed dealer shall not be
subject to the provisions of this section.
2120.22. Unlawful to sell electronic control devices to persons who have not
had mandatory training on the proper use of electronic control devices.
It shall be unlawful for any person to acquire an electronic control device in Miami
Dade County unless such person has received safety instruction and is otherwise
qualified, pursuant to this section, or unless he is specifically exempted from the
operation of this section.
In order to qualify under this section the purchaser must
complete the training course offered by the manufacturer of the electronic control device
or any other instructor certified by the manufacturer. Persons who have successfully
completed the training course offered by the manufacturer in the course of purchasing an
electronic control device shall not be required to repeat the training in any given year in
order to purchase another electronic control device.
(c) This section shall not apply to:
Law enforcement officers or agents of any state of the United States, or any political
subdivision, municipal corporation, department or agency of either, members of the
organized militia of any state for the armed forces of the United States, or law
enforcement officers of any political subdivision, municipal corporation, department or
agency of either, while engaged in the discharge of their official duties.
Wholesale dealers in their business intercourse with retail dealers or retail dealers in
their business intercourse with other retail dealers or to wholesale or retail dealers in the
regular or ordinary transportation of electronic control devices by mail, express or other
mode of shipment to points outside the country.
Nonresidents of the United States having proper authorization from his or her
consulate, acting consulate, commercial attache, or such other authorized representative.
2120.23. Sale or delivery of electronic control devices to certain classes of
persons is prohibited.
It shall be unlawful to sell or deliver any electronic control device to any person who
the seller has reasonable grounds to
believe is under the age of eighteen (18); is under the influence of intoxicating liquor,
narcotic drugs, barbiturates, hallucinogens, other controlled substance; is addicted to the
use of any narcotic drug, barbiturate, hallucinogens, or other controlled substance; is a
habitual alcoholic; is of unsound mind; has been convicted of a felony; or is a fugitive
from justice.
2120.24. Possession of electronic control device.
It shall be unlawful to possess an electronic control device in MiamiDade County
unless the person possessing the electronic control device has undergone the criminal
history and background check
procedures specified under section
790.065, Florida
Statutes , and the mandatory training requirements specified in section 2120.22 of this
division. Upon request, a person possessing an electronic control device in MiamiDade
County must be able to provide proof of having undergone the criminal history and
background check procedures specified under section 790.065, Florida Statutes
, and the
mandatory training requirements specified in section 2120.22 of this division.
It shall be unlawful for a person who has been convicted of a felony to possess an
electronic control device in MiamiDade County.
2120.25. Electronic control device must be kept secure.
If a person stores or leaves a firearm at any location where the person knows or
reasonably should know that a minor might gain access to the electronic control device,
the person shall secure the electronic control device in a securely locked box or container
except when it is carried on his or her body or is located
within such close proximity that the person can retrieve the electronic control device and
prevent access to it by a minor.
A violation of this section is a breach of a duty of safety owed by the person who
owns or possesses the electronic control device to all minors who might gain access to it
and to the general public.
2120.26. Penalties.
Any person violating any section of this division shall be punished by a fine not to
exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for not more
than sixty (60) days, or by both such fine and imprisonment. Nothing contained herein
shall be construed to preempt the imposition of higher penalties imposed by state or
federal law.
ARTICLE IV
MISCELLANEOUS
2121. Alcoholic beverage establishments, solicitation of drinks in.
Soliciting drinks. It shall be unlawful for any host, hostess, waiter, waitress, male or
female entertainer or employee in a place dispensing alcoholic beverages for
consumption on the premises to solicit any beverage, whether an alcoholic beverage or
otherwise, for which the customer or patron in such establishment pays.
Mingling incident to soliciting drinks. It shall be unlawful for any male or female
employee or entertainer in places
dispensing alcoholic beverages for consumption on the premises to mingle or fraternize
with the customers or patrons of such establishments incident to soliciting the purchase of
beverages, alcoholic or otherwise, for any such employee and for which the patron or
customer in such establishment pays.
Employing persons to solicit drinks. It shall be unlawful for any owner, operator,
manager or other employee of a place dispensing alcoholic beverages for the
consumption on the premises to employ or permit on the premises any person to solicit
drinks for himself or herself or any other person.
Loitering to solicit drinks. It shall be unlawful for any man or woman to frequent or
loiter in any tavern, cabaret or night club for the purpose of soliciting drinks.
2122. Sale, offer for sale, purchase with intent to sell and public display for sale
of synthetic cannabinoid herbal incense prohibited.
Purpose and intent. The MiamiDade County Board of County Commissioners finds
and declares that the products and synthetic substances described hereunder are
commonly used as alternatives to marijuana. The Board further finds that these synthetic
substances are particularly appealing to youth, and that these synthetic substances are
potentially dangerous to users in the short term and that the long term effects are not yet
known. The Board finds that the products which contain these synthetic substances often
use a disclaimer that the product is “not for human consumption” to avoid regulations
requiring the manufacturer to list the product’s active ingredients. The Board finds drug
designers and chemists can quickly create new
synthetic drugs once federal or state law makes a particular synthetic drug illegal. As
such, the Board finds there is a need to declare illegal the sale, offer for sale, purchase
with intent to sell and public display for sale of synthetic substances that mimic illegal
controlled substances that have not yet themselves been categorized as illegal controlled
substances under federal or state law. The Board further finds that it is proper and
necessary for the Board to exercise its authority to safeguard and protect the public
health, safety and welfare by taking this action.
Application. This section shall be applicable in the incorporated and unincorporated
areas of MiamiDade County, with the enforcement of the provision of this section in the
unincorporated area being the responsibility of MiamiDade County and in the
incorporated area being the responsibility of the respective municipalities.
Preemption. This section shall not preempt any municipal ordinance governing this
subject area that is more stringent than this ordinance or that declares illegal a substance
that is not declared illegal by this ordinance.
Definitions. For purposes of this section, the following terms apply:
Structurally similar as used in this section shall mean chemical substitutions off a
common chemical backbone associated with synthetic cannabinoids, synthetic
cannabinoidmimicking compounds, 2[(1R, 3S)3hydroxycyclohexyl]5 (2
methyloctan2yl) phenol, also known as CP 47,497 and its dimethyloctyl (C8)
homologue, (6aR, 10aR) 9 (hydroxymethyl) 6, 6dimethyl3 (2methyloctan2yl) 6a,
7, 10, 10a
tetrahydrobenzo [c] chromen1ol, also known as HU210, 1Pentyl3 (1naphthoyl)
indole, also known as JWH018, 1Butyl3 (1naphthoyl) indole, also known as JWH
073, 1[2(4morpholinyl)ethyl]3(1 naphthoyl)indole, also known as JWH200, JWH
007 (1pentyl2methyl3(1naphthoyl)indole), JWH
015 (2Methyl1propyl1Hindol3yl)1
naphthalenylmethanone), JWH019 (Naphthalen
1yl(1
hexylindol3yl)methanone), JWH020 (1 heptyl3(1naphthoyl)indole), JWH072
(Naphthalen1 yl(1propyl1Hindol3yl)methanone), JWH081 (4
methoxynaphthalen1yl(lpentylindol3yl)methanone), JWH122 (1Pentyl3(4
methyl1
naphthoyl)indole), JWH133 ((6aR, 10aR)3(1,1Dimethylbutyl)6a.,7,10,10a
tetrahydro6,6,9trimethyl6Hdibenzo[b,d]pyran)), JWH175 (3(naphthalen1
ylmethyl)1
pentyl1Hindole), JWH201 (1pentyl3(4methoxyphenylacetyl)indole), JWH203 (2
(2 chlorophenyl)1(1pentylindol3yl)ethanone), JWH210 (4ethylnaphthalen1yl
(1pentylindol3yl)methanone), JWH250 (2(2methoxyphenyl)1(1pentylindol3
yl)ethanone), JWH251 (2(2methylphenyl)1(1pentyl1Hindol3yl)ethanone), JWH
302 (1pentyl3(3methoxyphenylacetyl)indole), JWH398 (1pentyl3(4chloro1
naphthoyl)indole), HU211 ((6aS, 10aS)9
(Hydroxymethyl)6,6dimethyl3 (2
methyloctan2
yl)6a,7,10,10atetrahydrobenzo[c]chromen1ol), HU308 ([(1R,2R,5R)2[2,6
dimethoxy4(2methyloctan2yl)phenyl]7,7dimethyl4bicyclo[3.1.1]hept3enyl]
methanol), HU331 (3hydroxy2[(1R,6R)3methyl6(1methylethenyl)2cyclohexen
1yl]5pentyl2,5cyclohexadiene1,4dione), CB13 (Naphthalen1yl(4
pentyloxynaphthalen1yl)methanone), CB
25 (Ncyclopropyl11(3hydroxy5pentylphenoxy)
undecanamide), CB52 (Ncyclopropyl11(2hexyl5hydroxyphenoxy)undecanamide),
CP 55,940 (2[(1R,2R,5R)5hydroxy2(3hydroxypropyl)cyclohexyl]5(2methyloctan
2yl)phenol), AM694 (1[(5fluoropentyl)1Hindol3yl](2iodophenyl)methanone),
AM2201 (1[(5 fluoropentyl)1H
indol3yl](naphthalen1yl)methanone), RCS4 ((4methoxyphenyl)(1pentyl1Hindol
3yl)methanone), RCS8 (1(1(2cyclohexylethyl)1Hindol3yl)2(2
methoxyphenylethanone), WIN55,2122 ((R)(+)[2,3Dihydro5methyl3(4
morpholinylmethyl)pyrrolo[1,2,3de]1,4
benzoxazin6yl]1naphthalenylmethanone), WIN55,2123 ([(3S)2,3Dihydro5
methyl3(4morpholinylmethyl)pyrrolo[1,2,3de]1,4benzoxazin6yl]1
naphthalenylmethanone), or related salts, isomers, and salts of isomers, listed in the
controlled substance schedules in Chapter 893, Florida Statutes, as amended, or otherwise
prohibited by federal or state law.
Synthetic cannabinoid herbal incense as used in this section shall mean aromatic or
nonaromatic plant material containing a synthetic drug, or to which a synthetic drug has
been sprayed, applied or otherwise added, that is distributed in a loose, leafy, powder or
granular form or in a compressed block or blocks that can be crushed to result in a
powder or granular form, and can be placed into a pipe, cigarette paper or drug
paraphernalia for purposes of ingestion by smoking, inhaling or other method, regardless
of whether the substance is marketed as not for the purpose of human consumption, and
regardless of how the substance is labeled, including, but not limited to, insect repellant,
plant food, herbs, incense, nutrient, dietary supplement or spice.
Synthetic drug as used in this section shall mean any chemical or mixture of
chemicals, however packaged, that is structurally similar to synthetic cannabinoids,
synthetic cannabinoidmimicking compounds or any other substance listed in paragraph
(1) above, or related salts, isomers, or salts of isomers, as listed in the controlled
substance schedules in Chapter 893, Florida Statutes, or otherwise prohibited by federal
or state law, as such may be amended from time to time. “Synthetic drug” also shall
include any chemical or mixture of chemicals, however packaged, that mimics the effects
of tetrahydrocannabinol (also known as THC), the main active ingredient found in
marijuana or any other substance listed in paragraph (1) above, or related salts, isomers,
or salts of isomers, as Packaging that indicates or implies that a product mimics the
effects of marijuana, such as “fake weed” or “fake pot” or any other substance listed in
paragraph (1) above, shall create a presumption that the product mimics the effects of
tetrahydrocannabinol. “Synthetic drug” shall not include any substance currently listed in
the controlled substance schedules in Chapter 893, Florida Statutes, or otherwise
prohibited by federal or state law, as such may be amended from time to time.
Sale, offer for sale and purchase with intent to sell synthetic cannabinoid herbal
incense prohibited. It shall be unlawful for any store owner, store manager, store
purchasing agent or other person to sell, offer for sale or purchase with intent to sell any
synthetic cannabinoid herbal incense as defined herein.
Public display for sale of synthetic cannabinoid herbal incense prohibited. It shall be
unlawful for any store owner, store manager, store purchasing agent or other person to
publicly
display for sale any synthetic cannabinoid herbal incense as defined herein.
Affirmative defense. It shall be an affirmative defense to prosecution of a violation of
this section if the sale, offer for sale or public display for sale of synthetic cannabinoid
herbal incense is pursuant to the direction or prescription of a licensed physician or
dentist authorized in the State of Florida to direct or prescribe such act.
Seizure and destruction of synthetic cannabinoid herbal incense. Synthetic
cannabinoid herbal incense prohibited herein may be seized by law enforcement officers
and may be destroyed in the same manner used to destroy narcotics and contraband
substances, after its use for evidentiary purposes in any judicial proceeding is no longer
required.
Injunctive relief. MiamiDade County shall have the authority to seek an injunction
against any person or business violating the provisions of this section. In any action
seeking an injunction, MiamiDade County shall be entitled to collect its enforcement
expenses, including forensic costs, law enforcement costs and reasonable attorney fees
and costs incurred at trial and on appeal.
Subsequent federal or state action. If Congress or a federal agency amends federal
law to include a particular substance or otherwise enacts or amends a federal law
providing for criminal penalties for the prohibitions of substances set forth in this
ordinance, then upon the effective date of such enactment or amendment, the provisions
of this ordinance addressed by federal law shall no longer be deemed effective. Any
violations of this
ordinance committed prior to the Congress or a federal agency enacting a federal law
may be prosecuted.
If the Florida Legislature amends the controlled substance schedules in Section
893.01, Florida Statutes, to include a particular substance or otherwise enacts, or amends
a state statute providing for criminal penalties for the prohibitions of substances set forth
in this ordinance, then upon the effective date of such enactment or amendment, the
provisions of this ordinance addressed by the state statute shall no longer be deemed
effective.
If the Florida Attorney General pursuant to the rulemaking authority provided in
Chapter 893[, Florida Statutes,] adds a particular substance to the controlled substance
schedules in Section 893.01, Florida Statutes, then upon the effective date of such
enactment or amendment, the provisions of this ordinance addressed by the state statute
shall no longer be deemed effective. Any violations of this ordinance committed prior to
the Florida Legislature enacting such a statute or the Florida Attorney General
promulgating rules may be prosecuted.
Penalty. Any store owner, store manager, store purchasing agent or other person
violating any provision of this section shall be punishable by:
A fine not to exceed five hundred dollars ($500.00);
Imprisonment in the county jail for a period not to exceed sixty (60) days;
Both such fine and imprisonment in the discretion of the court having jurisdiction
over the cause;
Fines in accordance with Chapter 8CC of the Code of
MiamiDade County; or
2122.1. Sale, offer for sale, purchase with intent to sell and public display for
sale prohibited of synthetic stimulant bath salts, synthetic cathinones, synthetic
amphetamines and other synthetic stimulants that mimic illegal drugs.
Purpose and intent. The MiamiDade County Board of County Commissioners finds
and declares that the products and synthetic substances described hereunder are
commonly used as alternatives to amphetamines, cocaine, ecstasy and other illegal drugs.
The Board further finds that these synthetic substances are particularly appealing to
youth, and that these synthetic substances are potentially dangerous to users in the short
term and the long term effects are not yet known. The Board finds that the products
which contain these synthetic substances often use a disclaimer that the product is “not
for human consumption” to avoid regulations that require the manufacturer to list the
product’s active ingredients. The Board finds that drug designers and chemists can
quickly create new synthetic drugs once federal or state law makes a particular synthetic
drug illegal. As such, the Board finds there is a need to declare illegal the sale, offer for
sale, purchase with intent to sell and public display for sale of synthetic substances that
mimic illegal controlled substances, even though such synthetic substances have not yet
themselves been categorized as illegal controlled substances under federal or state law.
The Board further finds that it is proper and necessary
for the Board to exercise its authority to safeguard and protect the public health, safety
and welfare by taking this action.
Application. This section shall be applicable in the incorporated and unincorporated
areas of MiamiDade County, with the enforcement of the provision of this section in the
unincorporated area being the responsibility of MiamiDade County and in the
incorporated area being the responsibility of the respective municipalities.
Preemption. This section shall not preempt any municipal ordinance governing this
subject area that is more stringent than this ordinance or that declares illegal a substance
that is not declared illegal by this ordinance.
Definitions. For purposes of this section, the following terms apply;
Structurally similar as used in this section shall mean chemical substitutions off a
common chemical backbone associated with cathinone, methcathinone, amphetamine,
methamphetamine,cocaine,3,4
methylenedioxymethamphetamine (MDMA), 3,4methylenedioxymethcathinone, 3,4
methylenedioxypyrovalerone
(MDPV),methylmethcathinone,methoxymethcathinone,
methylethcathinone,fluoromethcathinone,BZP
(benzylpiperazine),fluorophenylpiperazine,
methylphenylpiperazine, chlorophenylpiperazine, methoxyphenylpiperazine, DBZP (1,4
dibenzylpiperazine),
TFMPP(3Trifluoromethylphenylpiperazine),MBDB
(Methylbenzodioxolylbutanamine), 5Hydroxyalphamethyltryptamine, 5HydroxyN
methyltryptamine, 5Methoxy
NmethylNisopropyltryptamine, 5
Methoxyalpha
methyltryptamine, methyltryptamine, 5Methoxy
N,N
dimethyltryptamine, 5MethylN,Ndimethyltryptamine,
5
MethoxyN,NDiisopropyltryptamine, DiPT (N,NDiisopropyltryptamine), DPT N,N
Dipropyltryptamine) 4
HydroxyN,Ndiisopropyltryptamine, N,NDiallyl5Methoxytryptamine, DOI (4Iodo
2,5dimethoxyamphetamine), DOC (4Chloro2,5 dimethoxyamphetamine), 2CE (4
Ethyl2,5
dimethoxyphenethylamine), 2CT4 (2,5
Dimethoxy4
isopropylthiophenethylamine), 2CC (4Chloro
2, 5
dimethoxyphenethylamine), 2CT (2,5Dimethoxy4methylthiophenethylamine), 2C T
2 (2,5Dimethoxy4
ethylthiophenethylamine), 2CT7 (2,5Dimethoxy
4(n)
propylthiophenethylamine), 2CI
(4Iodo2,5
dimethoxyphenethylamine), Butylone (betaketoNmethylbenzodioxolylpropylamine),
Ethcathinone, Ethylone (3,4
methylenedioxyNethylcathinone),
Naphyrone
(naphthylpyrovalerone), NN
Dimethyl3,4
methylenedioxycathinone, NNDiethyl3,4methylenedioxycathinone, 3,4
methylenedioxypropiophenone, 2Bromo3,4Methylenedioxypropiophenone, 3,4
methylenedioxypropiophenone2oxime, NAcetyl3,4methylenedioxycathinone, N
AcetylNMethyl3,4Methylenedioxycathinone, NAcetylN
Ethyl3,4Methylenedioxycathinone, Bromomethcathinone, Buphedrone (alpha
methylaminobutyrophenone), Eutylone (beta
KetoEthylbenzodioxolylbutanamine),
Dimethylcathinone,
Dimethylmethcathinone, Pentylone
(betaKeto
Methylbenzodioxolylpentanamine), (MDPPP) 3,4Methylenedioxyalpha
pyrrolidinopropiophenone, (MDPBP) 3,4Methylenedioxyalpha
pyrrolidinobutiophenone, Methoxyalpha
pyrrolidinopropiophenone (MOPPP), Methylalphapyrrolidinohexiophenone (MPHP),
Benocyclidine (BCP),
benzothiophenylcyclohexylpiperidine
(BTCP),
Fluoromethylaminobutyrophenone (F
MABP),
Methoxypyrrolidinobutyrophenone (MeO PBP),
Ethyl
pyrrolidinobutyrophenone (EtPBP),
3Methyl4
Methoxymethcathinone (3Me4MeO MCAT), Methylethylaminobutyrophenone (Me
EABP), Methylaminobutyrophenone (MABP), Pyrrolidinopropiophenone (PPP),
Pyrrolidinobutiophenone (PBP), Pyrrolidinovalerophenone (PVP), Methylalpha
pyrrolidinopropiophenone (MPPP), or related salts, isomers, and salts of isomers, listed
in the controlled substance schedules in Chapter 893, Florida Statutes, as amended, or
otherwise prohibited by federal or state law.
Synthetic stimulant bath salts as used in this section shall mean any substance,
whether in powder, crystal, liquid, tablet or capsule form, containing a synthetic stimulant
as defined herein or to which a synthetic stimulant has been added or applied, that can be
ingested by smoking, inhaling or other method, regardless of whether the substance is
marketed as not for the purpose of human consumption, and regardless of how the
substance is labeled, including, but not limited to, bath salts, insect repellant, plant food,
herbs, incense, iPod cleaner, nutrient, dietary supplement or spice.
Synthetic stimulant as used in this section shall mean any chemical or mixture of
chemicals, however packaged, that has a stimulant effect on the central nervous system
and is structurally
similar to cathinone, methcathinone, amphetamine, methamphetamine, cocaine, MDMA
or any other substance listed
in paragraph (1) above, or related salts, isomers, and salts of isomers, as listed in the
controlled substance schedules in Chapter 893, Florida Statutes, or otherwise prohibited
by federal or state law. “Synthetic stimulant” shall also include any chemical or mixture
of chemicals, however packaged, that mimics the pharmacological effects of cathinone,
methcathinone, amphetamine, methamphetamine, cocaine, MDMA or any other
substance listed in paragraph (1) above, or related salts, isomers, and salts of isomers.
Packaging that indicates, suggests or implies that a product mimics the pharmacological
effects of cathinone, methcathinone, amphetamine, methamphetamine, cocaine, ecstasy
or any other substance listed in paragraph (1) above, shall create a presumption that the
product mimics the effects of the substance. “Synthetic stimulant” shall not include any
substance currently listed in the controlled substance schedules in Chapter 893, Florida
Statutes, or otherwise prohibited by federal or state law, as such may be amended from
time to time.
Sale, offer for sale and purchase with intent to sell synthetic stimulant bath salts and
synthetic stimulants prohibited. It shall be unlawful for any store owner, store manager,
store purchasing agent or other person to sell, offer for sale or purchase with intent to sell
any synthetic stimulant bath salts as defined herein or any synthetic stimulants as defined
herein.
Public display for sale of synthetic stimulant bath salts and synthetic stimulants
prohibited. It shall be unlawful for any store owner, store manager, store purchasing
agent or other person to publicly display for sale any synthetic stimulant bath salts as
defined herein or any synthetic stimulants as defined herein.
Affirmative defense. It shall be an affirmative defense to
prosecution of a violation of this section if the sale, offer for sale, purchase with intent to
sell or public display for sale of synthetic stimulant bath salts as defined herein or
synthetic stimulants as defined herein is pursuant to the direction or prescription of a
licensed physician or dentist authorized in the State of Florida to direct or prescribe such
act.
Seizure and destruction of synthetic stimulant bath salts and synthetic stimulants.
Synthetic stimulant bath salts and synthetic stimulants prohibited herein may be seized by
law enforcement officers and may be destroyed in the same manner used to destroy
narcotics and contraband substances, after its use for evidentiary purposes in any judicial
proceeding is no longer required.
Injunctive relief. MiamiDade County shall have the authority to seek an injunction
against any person or business violating the provisions of this section. In any action
seeking an injunction, MiamiDade County shall be entitled to collect its enforcement
expenses, including forensic costs, law enforcement costs and reasonable attorney fees
and costs incurred at the trial level and on appeal.
Subsequent federal or state action. If Congress or a federal agency amends federal
law to include a particular substance or otherwise enacts or amends a federal law
providing for criminal penalties for the prohibitions of substances set forth in this
ordinance, then upon the effective date of such enactment or amendment, the provisions
of this ordinance addressed by federal law shall no longer be deemed effective. Any
violations of this ordinance committed prior to Congress or a federal agency enacting a
federal law may be prosecuted.
If the Florida Legislature amends the controlled substance schedules in Section
893.01, Florida Statutes, to include a particular substance or otherwise enacts, or amends
a state statute providing for criminal penalties for the prohibitions of substances set forth
in this ordinance, then upon the effective date of such enactment or amendment, the
provisions of this ordinance addressed by the state statute shall no longer be deemed
effective.
If the Florida Attorney General pursuant to the rulemaking authority provided in
Chapter 893[, Florida Statutes,] adds a particular substance to the controlled substance
schedules in Section 893.01, Florida Statutes, then upon the effective date of such
enactment or amendment, the provisions of this ordinance addressed by the state statute
shall no longer be deemed effective.
Any violations of this ordinance committed prior to the Florida Legislature enacting
such a statute or the Florida Attorney General promulgating rules may be prosecuted.
Penalty. Any store owner, store manager, store purchasing agent or other person
violating any provision of this section shall be punishable by:
A fine not to exceed five hundred dollars ($500.00);
Imprisonment in the county jail for a period not to exceed sixty (60) days;
Both such fine and imprisonment in the discretion of the court having jurisdiction
over the cause;
Fines in accordance with Chapter 8CC of the Code of MiamiDade County; or
Completion of the MiamiDade County Diversion Program, pursuant to
Implementing Order of the Board of County Commissioners.
2124. False alarms and reports.
False alarms. It shall be unlawful for any person intentionally to make, turn in, or
give a false alarm of fire, or a false alarm of the need for police or ambulance assistance;
and it shall be unlawful for any person to aid or abet in the commission of any such act.
False reports. It shall be unlawful to make to, or file with, the MiamiDade Police
Department or the Police Department of any municipality any false, misleading or
unfounded statement or report concerning the commission or alleged commission of any
crime, or offense, occurring within the County or any municipality within the County.
2125. Fire and police alarm systems; obstructing or interfering
with.
It shall be unlawful for any person to place, or cause to be placed, any article or thing
on or upon any sidewalk in such a manner as to interfere with or obstruct the free access
or approach to any signal box of the fire and police systems, or without authority from
the MiamiDade Police Director, to run any wire on any of the telegraph poles or fixtures
of such systems, or, without authority from the MiamiDade Police Director, to break,
remove or injure or cause to be broken, removed or injured, any of the parts or
appurtenances of such systems; or, without authority, to make, or fit, or cause to be made
or fitted, any key to
the lock of any signal box of such systems; or without authority, to have or retain in his
possession any key belonging to or fitted to the lock of any such signal box.
2126. Firefighters, policemen, service, execution of process; court order;
hindering, obstructing justice.
Prohibitions.
It shall be unlawful for any person to knowingly resist or obstruct the performance by
one, who the person knows or has reason to believe is a police officer or firefighter, of
any authorized act within such officer’s official capacity.
It shall be unlawful for any person to knowingly resist or obstruct the authorized
service or execution of any civil or criminal process or order of court.
It shall be unlawful for any person to knowingly obstruct justice. A person obstructs
justice when, with intent to prohibit the apprehension or obstruct the prosecution or
defense of any person, the person knowingly commits any of the following actions:
Destroys, alters, conceals or disguises physical evidence, plants false evidence, or
furnishes false information; or
Induces a witness having knowledge material to the subject at issue to leave the State
or conceal himself; or
Leaves the State or conceals himself when the person possesses knowledge material
to the subject at issue.
Penalties. Any person convicted of a violation of this section shall be punished by a
fine not to exceed five hundred
dollars ($500.00) or imprisonment in the County Jail for a term not to exceed sixty (60)
days, or by both such fine and imprisonment in the discretion of the court.
2127. Fires; obedience to firefighters and police officers.
Every person who shall be present at a fire shall be subject to the orders of the
MiamiDade Fire Department, the Fire Chief or other officers, including MiamiDade
Police, in extinguishing the fire and removing and protecting property, providing the
official character of the officer be known or made known to the person.
It shall be unlawful for any person to neglect or refuse to obey a lawful order
authorized by this section.
2127.1. Merchandise—Selling, serving, vending in public rightsofway
near schools.
Prohibited. It shall be unlawful for any person to sell, offer for sale, serve, vend, or
otherwise dispose of any goods, wares or merchandise, including ice cream, peanuts,
popcorn, soda water products, drinks, candy, and food products, in the public rightsof
way, including streets, sidewalks or other public property, within five hundred (500) feet
of any property used, owned or operated for public or private school purposes, or for any
person to station himself, or operate any stand, establishment or vehicle, for such purpose
within the prohibited areas unless within five hundred (500) feet of the school in a secure
vending area established and controlled by the school principal. The term “secure
vending area” means an area designated by the school principal which is cordoned off by
movable barriers, is of sufficient size to
accommodate a parked vehicle and student customers in numbers reasonably anticipated
by the principal, is supervised by the principal or his or her designee, and for which
specific designation thereof is made in writing and filed in the school and at the police
station which provides service to the area.
Enforcement and penalties for violations. It shall be the duty of all County and
municipal peace officers to enforce the provisions of this section. Any person convicted
of a violation of the provisions of this section shall be punished by a fine not to exceed
five hundred dollars ($500.00), or by imprisonment not to exceed sixty (60) days, or both,
in the discretion of the court of appropriate jurisdiction.
2127.2. Same—Selling, serving, vending in public rightsof way near public
parks.
Prohibited. It shall be unlawful for any person to sell, offer for sale, serve, vend, or
otherwise dispose of any goods, wares or merchandise, including ice cream, peanuts,
popcorn, soda water products, drinks, candy and food products, in the public rightsof
way, including streets, sidewalks and parkways, within five hundred (500) feet of any
public park including beaches and marinas, in the unincorporated area of MiamiDade
County, Florida, or for any person to station himself, or operate any stand, establishment
or vehicle, for such purpose within the prohibited areas.
Enforcement and penalties for violations. It shall be the duty of all County officers to
enforce the provisions of this section. Any person convicted of a violation of the
provisions of this section shall be punished by a fine not to exceed five hundred
dollars ($500.00), or by imprisonment not to exceed sixty (60) days, or both in the
discretion of the County Court.
2128. Noises; unnecessary and excessive prohibited.
create unreasonably loud or unnecessary grating, grinding, rattling or other noise within a
residential area.
Schools, courts, hospitals. The creation of any excessive or unreasonably loud noise
on any street adjacent to any school, institution of learning, house of worship or court
while the same are in use, or adjacent to any hospital, which unreasonably interferes with
the workings of such institutions, or which disturbs or unduly annoys the patients in the
hospital, provided conspicuous signs are displayed in such streets indicating that it is a
school, hospital or court street.
Hawkers, peddlers. The shouting and crying of peddlers, hawkers, and vendors
which disturbs the peace and quiet of the neighborhood.
Noises to attract attention. The use of any drum, loudspeaker or other instrument or
device for the purpose of attracting attention by creation of any unreasonably loud or
unnecessary noise to any performance, show, sale, display or advertisement of
merchandise.
Loudspeakers, etc. The use or operation on or upon the public streets, alleys and
thoroughfares anywhere in this County for any purpose of any device known as a sound
truck, loud speaker or sound amplifier or radio or any other instrument of any kind or
character which emits therefrom loud and raucous noises and is attached to and upon any
vehicle operated or standing upon such streets or public places aforementioned. It is
provided, however, that this subsection is not intended to be construed in a manner that
would interfere with the legitimate use of the foregoing loudspeaker type devices in
political campaigns.
Power tools and landscaping equipment. The operation of noiseproducing lawn mowers,
lawn edgers, weed trimmers, blowers, chippers, chain saws, power tools and other noise
producing tools which are used to maintain or at a residence outofdoors between 8:00 p.m.
and 7:00 a.m.
Shouting. Any unreasonably loud, boisterous or raucous shouting in any residential area.
2128.1. Openair concerts, musical broadcasts, etc.
Permit required; presumption. It shall be unlawful and a violation of this section for any
person, firm, partnership or corporation to play, broadcast or transmit music in such a manner
as would reasonably be calculated to attract a crowd or cause numbers of persons to
congregate in or on any open space, lot, yard, sidewalk or street, or to permit the same to
occur on or from any property owned, leased or occupied by said person, firm, partnership, or
corporation, without first having obtained a permit to do so from the MiamiDade Police
Department; except no permit shall be required of any person in order to engage in such
activity within the residential property wherein such person resides. The use of any amplifier
or loudspeaker to play, broadcast or transmit music shall constitute prima facie evidence that
the music is being played, broadcasted or transmitted in such a manner as would reasonably
be calculated to attract a crowd or cause numbers of persons to congregate.
Permit contents, time restrictions. Permits issued under this section shall specify the date
and time during which the activity authorized by the permit may be conducted. No permit
shall issue which encompasses more than one (1) calendar date, or a span of
hours in excess of six (6) hours; nor shall the requested activity commence or continue
beyond the hour of 11:00 p.m. in any case.
Permit application information. The application for a permit under this section shall
contain the following information:
The name, date of birth, address and telephone number of the person who will be in
charge of the activity for which a permit is requested.
The name of the person, firm, partnership or corporation seeking the permit.
The exact date and times for which the permit is sought.
The exact location of the event for which a permit is requested.
Filing application for permit. Applications for a permit required under this section
must be submitted to the MiamiDade Police Department at least five (5) days prior to the
date of the event for which the permit is requested.
Procedures for administering permits. The Director of the MiamiDade Police
Department is hereby authorized and directed to promulgate reasonable rules and
procedures for the application, issuance and revocation of such permits.
Criteria for permit issuance; posting of bond. Issuance of the permit required under
this section shall be based on a determination by the MiamiDade Police Department that
the event for which a permit is requested does not constitute a threat to public safety;
constitute a danger or impediment to the normal flow of traffic; or constitute a potential
disturbance of the peace
and quiet of persons outside the premises where the event is located. Subsequent permits
under this section may be denied to, or a bond required of, any person known to have
been convicted for violations of a previous permit under this section. The bond shall be in
an amount sufficient to secure the costs of cleanup and repair or replacement of damage
or destruction of property and shall be subject to forfeiture for purposes of paying any
judgment against the permit holder which may be entered by a court of competent
jurisdiction on account of such property damage or destruction or cleanup cost.
Review of permit denial or revocation. Any person dissatisfied or aggrieved with the
decision of the Director of the MiamiDade Police Department with reference to denial of
his application for such permit or the revocation of such permit may, within ten (10) days
after such denial or revocation, appeal to and appear before the Manager or his designee;
and, upon the affirmance or approval of the action taken by the Director of the Miami
Dade Police Department, such action shall be final and subject to judicial review by writ
of certiorari in accordance with the Florida Rules of Appellate Procedure. In the event the
Manager or his designee, upon the original review, determines that the applicant is
entitled to such permit, then in that event the Director of the MiamiDade Police
Department shall immediately issue such permit.
Surrender of permit upon demand. It shall be unlawful and a violation of this section
for the person designated in the permit application as being in charge of the event for
which a permit is sought to fail or refuse to surrender the permit, on demand, to any State,
County, or municipal police officer.
Person designated as being in charge to be present. The person designated in the
permit application required in this section as being the person in charge of the event for
which the permit is sought must remain at the location of said event during the entire time
stated in the permit for which the event is authorized. It shall be unlawful and a violation
of this section for said designated person in charge to fail to remain in attendance at the
location of the event authorized by the permit for the entire time specified in the permit.
Penalties for violations. Any violation of any provision of this section shall be
punishable by imprisonment in the County Jail for a term not to exceed thirty (30) days or
a fine of up to five hundred dollars ($500.00), or both.
2129. Secondhand dealers.
Definitions.
Secondhand dealers: For the purpose of this section, the term “secondhand dealers”
shall mean any person, firm, corporation or partnership engaged in the business of
buying, selling, bartering, exchanging in any manner at retail or wholesale or otherwise
dealing for profit in secondhand goods as defined in subsection (2) hereof, whether or not
at a fixed place of business. Such term shall include pawnbrokers and all dealers who
buy, trade or sell or who make loans of money upon the deposit or pledge of any
secondhand goods. Provided, however, that nothing in this section shall apply to:
a. Registered religious or charitable organizations selling reconditioned or used
articles;
b. Licensed garage sales;
c. Any person whose primary business is dealing in gold or silver coins if such
business is licensed pursuant to law or ordinance.
Secondhand goods: For the purposes of this section, “secondhand goods” shall mean
personal property previously owned or used which is not purchased or sold as new and
shall include but shall not be limited to items containing gold, silver, platinum or other
precious metal; jewelry, diamonds, gems, and other precious stones; audio and video
electronic equipment, including but not limited to television sets, radios, amplifiers,
receivers, turntables, tape recorders, videotape recorders, speakers and citizens’ band
radios; photographic equipment, including but not limited to cameras, lenses, electronic
flashes, tripods and developing equipment; machinery; tools, electric motors, calculators,
tires, hub caps, musical instruments, typewriters and firearms.
Records of transactions to be kept. Every secondhand dealer shall keep a record
approved as to type and form by the MiamiDade Police Director. The record shall be
clearly and legibly written in ink in the English language at the time of each acquisition
and shall contain an accurate and true description of each article purchased, bartered,
exchanged or received, including a notation as to any identifying markings or
characteristics such as serial numbers; the amount of money or other consideration loaned
thereon or paid or given therefor; the date and time of the acquisition of such article by
the secondhand dealer; the true name of the person dealt with, as nearly as known, as well
as such person’s signature and thumbprint, place of residence, sex, age,
height, weight, build, color of hair, color of eyes, complexion and reasonable proof of
identification by an exhibition of a driver’s license or other picture identification or other
reliable means of identification. The record shall contain the type of identification
exhibited, the issuing agency, and the number thereon. For purposes of this section, credit
cards, Social Security cards, handwritten identification cards and nonphoto I.D. shall not
constitute acceptable I.D. No entry made in such record shall be erased, obliterated or
defaced. Every secondhand dealer shall deliver to the Office of the MiamiDade Police
Director a complete and correct copy of said record within fortyeight (48) hours of the
date of acquisition of items covered under this section.
A special tag shall be affixed to all items not bearing a serial number. The tag shall
exhibit information sufficient to enable ready reference to be made to the portion of the
above record which pertains to the item bearing the tag. The County Manager shall issue
an administrative order specifying a uniform format and design for the tag. The tag shall
not be required to be affixed to articles of clothing. Organizations exempt from federal
taxation pursuant to 26 U.S.C. Sec. 501(c)(3)
and religious organizations shall be exempt
from the requirement of affixing the tag.
The records created and maintained as required by subsections
and (c) of this section shall be made available for inspection and copying by any person
desiring to do so, in the same manner and in accordance with the same procedures
provided for the inspection and duplication of public records by the provisions of Florida
Statutes, Section 119.07(1)(a), (b), as set forth at the time this paragraph becomes law.
Holding period.
Items containing gold, silver, platinum or other precious metal and jewelry,
diamonds, gems and other precious stones shall be held by the secondhand dealer for a
period of fifteen (15) days prior to sale, exchange or other disposition thereof. All other
property covered by this section acquired in the course of a secondhand dealer’s business
shall be held for a period of thirty
days prior to disposition thereof; provided, however, that the provisions of this subsection
shall not be applicable when the person known by the secondhand dealer to be the true
owner of any article desires to redeem, repurchase or recover such article at any time
within the required hold period. The secondhand dealer shall keep a record of the proof of
ownership presented by the true owners.
If a police officer has probable cause to believe that an item acquired by a
secondhand dealer in the course of his business is the subject of a criminal investigation,
such police officer may apply to a court of competent jurisdiction for an order which
would prohibit the release of such property for a period of sixty
days. Upon release of such property, the secondhand dealer shall keep a record of the
disposition thereof.
Inspection of premises and records. Any law enforcement officer shall, upon
authorization of the MiamiDade Police Director or his designee, have the right to inspect
during normal business hours the records required to be kept by this section.
Certain acts and practices prohibited. Each of the following acts of either a
secondhand dealer or any of his or her employees is hereby declared to be unlawful and
shall subject the person
convicted thereof by a court of competent jurisdiction to the penalties prescribed by
Section 15, Code of MiamiDade County:
Knowingly purchasing or otherwise acquiring any article covered by this section
from:
a. Any person under the influence of drugs or alcohol, or
b. Any minor unless said minor has the written consent of his or her parent or
guardian, or
c. Any person using a name other than his own.
Refusing, denying or interfering with the lawful inspection of the records required to
be kept by this section by a police officer.
Disposing of any property covered by this section contrary to the provisions of this
section.
Failing or neglecting to comply with any applicable provision of this section.
Possessing property owned by MiamiDade County, or any municipality within
MiamiDade County without documentation of the receipt of such property as required
by this ordinance is prohibited and shall subject the person convicted thereof to a fine not
to exceed one thousand dollars ($1,000.00) or imprisonment in the county jail for a term
not to exceed one (1) year imprisonment.
Hours of operation. No pawnshop shall engage in business within the incorporated or
unincorporated areas of MiamiDade County except between the hours of 7:00 a.m. and
7:00 p.m.
Applicability and enforcement. This chapter [section] shall apply to both the
incorporated and unincorporated areas, and in the unincorporated areas shall be enforced
by the County and in the incorporated areas shall be enforced by the municipalities unless
the County is notified by any municipality, in the form of a resolution of the governing
council or commission that it is desirous of having the County enforce this chapter
[section] in which event enforcement within the incorporated areas shall be by the
County.
2129.1. Private business, advertising on public property prohibited;
exceptions; penalty; enforcement.
It shall be unlawful for any person, firm, corporation or other legal entity to engage
in any private business, commercial activity, or to undertake to provide any service for
compensation, or to advertise or display merchandise, or to transact any business for
profit, or to solicit business, on any property or facilities owned or operated by Miami
Dade County without first obtaining a permit, concession, lease, or other authorization in
writing approved or authorized by the Board of County Commissioners. A County
occupational license shall not authorize any person, firm, corporation or other legal entity
to engage in any of the prohibited activities on County property or facilities.
It shall be unlawful for any person, firm, corporation or other legal entity to post,
display or distribute any signs, advertisements, circulars, handbills, printed or written
matter relating to any business or commercial activities on any property or facilities
owned or operated by or for MiamiDade County, without first obtaining a written permit
issued or authorized by the
Board of County Commissioners; provided that the provisions of this section shall not be
applicable to licensees, concessionaires, lessees or agencies of the County.
The provisions of this section shall be applicable to all lands, buildings,
improvements, facilities, equipment, projects, and all property, either real or personal,
owned, operated, or under the custody or control of MiamiDade County, or its agents,
representatives, officials, departments or instrumentalities, except public streets, roads,
highways and sidewalks.
Any person, firm, corporation or other legal entity violating any provisions of this
section shall, upon conviction thereof, be punished by a fine not to exceed five hundred
dollars ($500.00), or by imprisonment in the County Jail for a period not to exceed sixty
(60) days, or by both such fine and imprisonment, in the discretion of the County Court.
It shall be the duty of the MiamiDade Police and the police officers of each
municipality to enforce the provisions of this section against any person, firm,
corporation or other legal entity found violating the same within their jurisdiction.
2130. Offenses against public and private property.
(a) No person in the County shall:
Willfully, maliciously, wantonly or otherwise injure, deface, destroy or remove real
property or improvements thereto, or movable or personal property, belonging to the
County, any municipality in the County, any state or Federal agency in the County, or to
any person in the County. For the purpose of this ordinance, “person” shall include any
individual or entity as
defined by Section 1.01(3) of the Florida Statutes.
Destroy, damage, or vandalize, any County property, including but not limited to the
swale area in the public rightofway.
Injure or knowingly suffer to be injured any meter, valve, valve or meter
identification, piping or appurtenance thereto, connected with or belonging to a gas
distribution system in the County, including portions thereof on private property and
within buildings. No person shall tamper or meddle with or alter the condition of any
meter, valve or meter identification, or other part of such system in the County, or
appliance connected thereto, in such manner as to cause loss or damage to the owner of
such facilities or the users thereof, or to create a hazard to life and property.
Tamper with, injure, deface, destroy or remove any sign, notice, marker, fire alarm
box, fireplug, topographical survey monument, or any other personal property erected or
placed by the County.
Place or erect upon any public way or passageway to any building, an obstruction of
any type, provided that this section shall not prevent duly authorized or required placing
of temporary barriers or signs for the purpose of safeguarding the public.
Move, disturb, or take any earth, stone or other material from any public street, alley,
park or other public ground.
Remove or attempt to remove a library book or other library property from a public
library without first obtaining authorization to do so from the librarian or other authorized
person.
Any person violating this ordinance shall: be punished by a fine not to exceed five
hundred dollars ($500) for the first offense and each subsequent offense and by
imprisonment in the County jail for a term not to exceed sixty (60) days. In addition to
such punishment, the court shall order any violator to make restitution to the victim for
damages or loss caused directly or indirectly by the defendant’s offense in the amount or
manner determined by the Court. In the case of a minor, the parents or legal guardian
shall be jointly and severably liable, with the minor for payment of all fines and
restitution. Failure of the violator to pay the fine or restitution shall be punished by an
additional term of imprisonment in the County jail not to exceed twenty (20) days.
This ordinance shall be applicable in incorporated and unincorporated areas of
MiamiDade County.
2130.01. Graffiti.
Definitions. For the purpose of this section, the following terms apply.
“Broad tipped indelible marker” means any felt tip marker, or similar implement,
which contains a fluid which is not water soluble and which has a flat or angled writing
surface onehalf
inch or greater.
“Bona fide evidence of majority” means a document issued by a federal, state,
county, or municipal government or agency thereof, including but not limited to, a motor
vehicle operator’s license, or registration certificate issued under the Federal Selective
Service Act, a passport, or an identification card issued
to a member of the armed forces which identifies an individual and provides proof of the
age of such individual.
“Business day” means any day of the week except Saturday, Sunday, or legal
holidays.
“Commercial property” means real and personal property that is used for business,
commercial, or forprofit purposes including but not limited to vehicles, dumpsters,
advertisements and signs. It shall be prima facie evidence that a property is commercial if
it (1) is located in a business, commercial, office, apartment, hotel or warehouse zoning
district; (2) contains commercial or business advertising visible from the rightofway; or
(3) has posted on its premise a business occupational license. “Commercial property”
shall include advertising and billboards. “Commercial property” shall include residential
property of four
or more units that is rented or advertised for rent. “Commercial property” shall not
include (1) single family homes or residential property of three (3) or less units; (2)
property owned by governments; (3) property used for nonprofit purposes by
educational institutions, charities, or religious institutions; (4) property used for
agricultural purposes except for those portions of the property containing a business open
to the general public.
“Corrective action” mean an act required to remove or effectively obscure graffiti
that is visible from the rightofway.
“Director” mean the Director of the Public Works Department or his or her designee.
“Noncommercial property” means all property that is not included in the definition
of commercial property in this section.
“Owner” means any and all persons with legal and/or equitable title to real property
in MiamiDade County as their names and addresses are shown upon the records of the
Property Appraiser Department.
“Supervising adult” means an individual twentyone (21) years of age or older who
has been given responsibility by the minor’s parents, legal guardian, or other lawful
authority to supervise the minor.
“Used or intended to be used” includes usage in the course of a violation or usage to
transport a violator to or from the scene of a violation.
Application of section.
This section shall be applicable in incorporated and unincorporated areas of Miami
Dade County, with the enforcement of the provision of this section in the unincorporated
area being the responsibility of MiamiDade County and in the incorporated area being
the responsibility of the municipalities.
Affect on municipal ordinances. It is the intent of the Board to provide a minimum
standard for those graffiti offenses provided in subsections (f), (h), and (i) in incorporated
areas of MiamiDade County. Any municipality in MiamiDade County may adopt more
stringent graffiti regulations and/or higher penalties for graffiti offenses than those
provided herein.
Graffiti prohibited.
No person shall write, paint, or draw any inscription, figure, or mark of any type on
any public or private building or structure or other real or personal property, owned,
operated, or maintained
by a governmental entity or any agency or instrumentality thereof or by any person, firm,
or corporation, unless the express prior written permission of the owner, owner’s agent,
manager or operator of the property has been obtained and filed with the Public Works
Department, Graffiti Coordinator. No filing is required if the owner, owner’s agent,
manager or operator of the property has obtained a valid painting permit in accordance
with other pertinent law.
Any person violating this subsection shall be punished by a fine of two hundred and
fifty dollars ($250.00) for the first offense; five hundred dollars ($500.00) for the second
offense and one thousand dollars ($1,000.00) for each subsequent offense or by
imprisonment in the County jail for a term not to exceed sixty
days or by both fine and imprisonment at the discretion of the court.
In the case of a minor, the parents or legal guardian shall be jointly and severably
liable with the minor for payment of all fines.
Failure of the parents or legal guardian to make payment, will result in the filing of a
lien on the parents or legal guardian’s property to include the fine and administrative
costs.
Upon an application and finding of indigency, the court may decline to order fines
against the minor or parents.
In addition to any punishment listed in subsection (d)(2), the court shall order any
violator to make restitution to the victim for damages or loss caused directly or indirectly
by the defendant’s offense in the amount or manner determined by the court.
In the case of a minor, the parents or legal guardian shall be ordered jointly and severably
liable with the minor to make such restitution.
In addition to any punishment listed in subsection (d)(2) or restitution ordered under
subsection (d)(3), the court shall order any violator to perform monitored community service
in the removal of graffiti of not less than forty (40) hours and not more than one hundred
(100) hours.
Forfeiture of personal property. All personal property, including, but not limited to
automobiles and bicycles, used or intended to be used in violating this subsection, shall be
forfeitable to MiamiDade County. In forfeiting such personal property, the County shall
follow the procedures outlined in Section 31116 et seq. of the MiamiDade County Code
concerning forfeitures of passenger motor vehicles for violation of the transportation code,
except that one (1) violation of this subsection shall be the basis for forfeiture; the County
Manager or his designee shall act as the party for the County in lieu of CSD as recipient of all
request for hearings and for all other purposes under the procedure; the property subject to
forfeiture shall be personal property as described above. In any forfeiture under this section,
the court shall not order a forfeiture unless it finds that the forfeiture is commensurate with
the severity of the violation to the extent required by Florida and Federal Constitution.
Municipalities may establish their own system for the forfeiture of personal property.
Graffiti removal by the County.
Whenever the County becomes aware of the existence of
graffiti on any property, including any structure or improvement, that abuts the public
rightofway within any unincorporated area of the County, County personnel are
authorized to immediately remove or obscure such graffiti.
For purposes of this subsection (e) only, “property that abuts the public rightofway”
means property that can be accessed by County personnel without substantially
encroaching onto private property, such as subdivision walls and other structures and
improvements lying at or near the public rightofway.
General notice. Property owners are hereby put on notice of the County’s intention to
immediately obscure graffiti placed on walls, buildings and other surfaces that abut the
public rightofway. Team Metro shall also publish notice once during each week for four
(4) consecutive weeks in the Miami Herald and shall substantially comply with Chapter
50, Florida Statutes. Any property owner who objects to graffiti being obscured on
property abutting the public rightofway shall file a statement of objection with the
County Manager or his designee within thirty (30) days of the date of the final published
notice. Such objection shall be effective for one (1) year. A new objection must be filed
each year thereafter to preserve the objection. If an objection is filed, subsection (e) shall
not apply to the property owner’s property. The County reserves the right, however, to
ensure that graffiti is obscured on such property by citation and fine under subsection
(g).
Specific notice to affected property owner. The appearance of graffiti on a wall,
building or other surface abutting the public rightofway shall serve as notice to the
property owner that the
graffiti is subject to being obscured or removed by the County. Any property owner who
has not filed a statement under subsection (3) and who desires to obscure or remove the
graffiti himself shall (i) immediately remove the graffiti; or (ii) notify the County
Manager or his designee immediately of his intention to remove the graffiti within forty
eight (48) hours. Graffiti not removed within fortyeight (48) hours is subject to removal
by the County.
Nothing contained in this subsection (e) shall be construed to supersede or otherwise
affect the provisions contained in subsection (g).
Graffiti removal by the property owner.
Whenever the County becomes aware of the existence of graffiti visible from the
public rightofway on any property, real or personal, including structures or
improvements within the County, a Code Enforcement Officer is authorized, upon such
discovery, to give, or cause to be given, notice to take corrective action to the property
owner or the property owner’s agent or manager.
For commercial property, the property owner or the property owner’s agent or
manager shall take corrective action within two (2) business days from receipt or posting
of the notice listed in subsection (f)(1). For noncommercial property, the property owner
or the property owner’s agent or manager shall take corrective action within fourteen (14)
calendar days from receipt or posting of the notice listed in subsection (f)(1).
If the property owner or the property owner’s agent or manager fails to take
corrective action, he or she shall be cited
pursuant to Chapter 8CC of this Code or by any municipal citation system.
For commercial property, the property owner or the property owner’s agent or
manager has two (2) business days from receipt or posting of the citation to file for an
appeal hearing before an 8CC hearing officer, or municipal hearing officer, or take
corrective action. For noncommercial property, the property owner or the property
owner’s agent or manager has seven (7) calendar days from receipt or posting of the
citation to file for an appeal hearing before an 8CC Hearing Officer, or municipal hearing
officer, or take corrective action.
If the owner or the property owner’s agent or manager does not appeal the citation,
they shall pay the fine in accordance with Section 8CC10 of the Code, or in accordance
with the applicable municipal citation system. Thereafter, each day the owner, or
property owner’s agent or manager fails to take corrective action counts as a continuing
violation.
The above listed hearing shall be conducted not sooner than five (5) calendar days,
but not later than twenty (20) calendar days after receipt of the appeal.
Notwithstanding any provision of this Chapter or Chapter 8CC of the MiamiDade
County Code to the contrary, the appeal of a violation of this section shall not extend or
otherwise change the time period for corrective action of the violation. Continuing
penalties as provided for herein and in Section 8CC4(c) shall accrue upon the expiration
of the time period provided in subsection (3) above.
The Director, or City Manager of a municipality, shall cause
corrective action to take place at the owner’s expense after two
business days for commercial property, or fourteen (14) calendar days for non
commercial property from the date of citation or date of the rendering of the Hearing
Officer’s order, which finds the violator guilty.
The County or municipality shall have the right to enter upon private property to the
extent necessary to take corrective action. Entry into any dwelling or structure is
expressly prohibited.
After taking corrective action, the Director, or City Manager of a municipality, shall
file a lien in the amount of all expenses incurred in correcting the condition, including all
fines, continuing penalties and actual administrative costs.
Such liens shall be enforceable in the same manner as a tax lien and may be satisfied
at any time by payment thereof, including accrued interest. Upon such payment, the Clerk
of the Circuit Court shall, by appropriate means, evidence the satisfaction and
cancellation of such lien upon the record thereof. Notice of such lien may be filed in the
Office of the Clerk of the Circuit Court and recorded among the public records of Miami
Dade County, Florida.
It shall be an affirmative defense preventing any fines from issuing under this section
if the property owner proves at a hearing that, at the subject location, he or she had been
victimized by graffiti three (3) or more times within the calendar year of the violation and
had removed or effectively obscured the graffiti within two (2) business days of its
appearance for commercial property, or within fourteen (14) days of its appearance for
non
commercial property, or within the times provided in this ordinance if a notice or
violation was issued. This mitigation provision applies only to fines and shall not prevent
the Director, pursuant to section (d)(6), from taking corrective action and liening the
property for costs, if the property owner fails to take corrective action.
Possession of spray paint and markers.
Possession of spray paint and markers with intent to make graffiti is prohibited. No
person shall carry an aerosol spray paint can or broadtipped indelible marker with the
intent to violate the provisions of subsection (d)(1).
Possession of spray paint and markers by minors on public property prohibited. No
person under the age of eighteen (18) shall have in his or her possession any aerosol
container of spray paint or broadtipped indelible marker while on any public property,
highway, street, alley or way except in the company of a supervising adult.
Possession of spray paint and markers by minors on private property prohibited
without consent of owner. No person under the age of eighteen (18) shall have in his or
her possession any aerosol container of spray paint or broadtipped indelible marker
while on any private property unless the owner, agent, or manager, or person in
possession of the property knows of the minor’s possession of the aerosol container or
marker and has consented to the minor’s possession while on his or her property.
Any person violating this subsection (g)(1), (2) or (3) shall be punished by a fine of
two hundred and fifty dollars ($250.00) for a first offense, and five hundred dollars
($500.00) for a second
offense and one thousand dollars ($1,000.00) for each subsequent offense, or by
imprisonment in the County Jail for a term not to exceed sixty (60) days, or by both fine
and imprisonment in the discretion of the court.
In the case of a minor, the parents or legal guardian shall be responsible for payment
of all fines.
Failure of the parents or legal guardian to make payment will result in the filing of a
lien on the parents or legal guardian’s property to include the fine and administrative
costs.
In addition to any punishment, the court shall order any person found in violation of
subsection (g)(1), (2) or (3) to make restitution to the victim for damage or loss caused
directly or indirectly by the defendant’s offense in a reasonable amount or manner to be
determined by the court.
Where the defendant is a minor, the parent or legal guardian shall be jointly and
severably liable with the minor to make such restitution.
In addition to any punishment listed in subsection (g)(5) or restitution ordered under
subsection (g)(6), the court shall order any person found in violation of subsection (g)(1),
(2), or (3) to perform monitored community service in the removal of graffiti of not less
than forty (40) hours and not more than one hundred
hours.
Storage and sale of spray paint and markers.
Sale to minors prohibited. No person or firm shall sell or cause to be sold to any
person under the age of eighteen (18) years, and no person under the age of eighteen (18)
years shall
buy any aerosol container of spray paint or broadtipped indelible markers. Evidence that
a person, his or her employee, or agent demanded and was shown bona fide evidence of
majority and acted upon such evidence in a transaction or sale shall be a defense to any
prosecution thereof.
Display or spray paint and markers. Every person who owns, conducts, operates or
manages a retail commercial establishment selling aerosol containers of spray paint or
broadtipped indelible markers shall:
Place a sign in clear public view at or near the display of such products stating:
“GRAFFITI IS A CRIME. ANY PERSON DEFACING REAL OR PERSONAL
PROPERTY NOT HIS OR HER OWN WITH PAINT OR ANY OTHER LIQUID OR
DEVICE IS GUILTY OF A CRIME PUNISHABLE BY IMPRISONMENT OF UP TO
60 DAYS AND/OR A FINE UP TO $1,000.00.”
Place a sign in the direct view of such persons responsible for accepting customer
payment for aerosol containers of spray paint or broadtipped indelible markers.
“IT IS A VIOLATION OF THE LAW TO SELL AEROSOL CONTAINERS OF
SPRAY PAINT OR BROADTIPPED INDELIBLE MARKERS TO PERSONS
UNDER 18 YEARS OF AGE PUNISHABLE BY A CIVIL FINE OF $100.00.”
Store or cause such aerosol containers or marker pens to be stored either (a) in the
direct line of sight from the cashregister work station or any other work station that is
normally continuously occupied while the store is open, or (b) in a place
not accessible to the public in the regular course of business without employee assistance,
pending legal sale or disposition of such marker pens or paint containers.
Violation of subsection (h)(1) or (2) shall result in a civil penalty of one hundred
dollars ($100.00) for a first offense and two hundred dollars ($200.00) for subsequent
offenses. When three (3) violations of subsection (h)(1) or (2) occur within any calendar
year at a commercial establishment, that establishment shall be subject to an injunction
from a court of competent jurisdiction forbidding the sale of aerosol containers of spray
paints and broadtipped indelible markers for a period up to two
years. Violation of such injunction shall be punished by a fine of one hundred dollars
($100.00) per day of violation in addition to any other penalties levied by the Court.
Failure to make payment of