NEW FLORIDA LAWS GOING INTO EFFECT JULY 1ST
HB 197 – Massage Parlors
House Bill 197 is one of many new Florida laws going into effect July 1st, aimed to combat human trafficking in the state that channels through illicit massage parlors.
Under the law, the state Department of Health would be required to issue an emergency suspension of a massage therapist or establishment’s license if any employee at the business is arrested on charges related to kidnapping, human trafficking or prostitution.
In addition, the law will explicitly prohibit any kind of sexual activity within a massage business.
HB 275 – “Critical Infrastructure” Crimes
House Bill 275 aims to create new offenses under state law involving critical infrastructure.
“Critical infrastructure” in the bill refers to linear assets that are designed to exclude unauthorized people, such as fences, no-trespassing signs, generators, energy plants, or TV stations.
Under this bill, damaging, accessing or tampering with critical infrastructure could result in both criminal and civil penalties.
HB 305 – Offenses Involving Children
House Bill 305 amends state statutes involving hearsay exceptions.
While hearsay is generally inadmissible in court, some exceptions to the rule apply under the law, such as when child victims under the age of 16 make statements involving child abuse, sexual abuse of a child, or neglect.
As part of the new Florida laws going into effect July 1st, the age at which this hearsay exception applies will be raised to 17 years old.
HB 461 – Pregnant Women Excused from Jury Service
House Bill 461 is another of several new Florida laws going into effect July 1st. It amends state rules regarding jury service in Florida.
Under this law, a woman who has given birth within six months before the reporting date on a jury summons may be excused from service upon request.
HB 761 – Domestic Violence Protections
House Bill 761 amends the state statutes regarding domestic violence.
This bill will get rid of notary requirements for those seeking a petition for protection against domestic violence. Instead, these petitions would only need to be verified by the petitioner. These domestic violence protections are part of the many new Florida laws going into effect July 1st.
HB 1131 – Online Sting Operations
Online sting operations will receive a new grant program as part of the new Florida laws going into effect July 1st.
House Bill 1131 establishes the “Online Sting Operations Grant Program” within the Florida Department of Law Enforcement.
More specifically, this program will award grants to local law enforcement agencies to help them put together sting operations to catch suspected child predators trying to prey on children online.
HB 1181 – Juvenile Justice
House Bill 1181 amends the rules regarding the Department of Juvenile Justice.
As one of several Florida laws going into effect July 1st, under the law, the following changes will take place:
- Minors found to have unlawfully possessed a firearm three or more times are adjudicated and committed to a DJJ residential program.
- Officers may arrest a minor without a warrant for unlawfully possessing a firearm if the officer has probable cause.
- A presumption will be created that minors must be securely detained if the court finds probable cause that he/she committed murder or other offenses with a firearm.
- Penalties are increased for introducing contraband into a DJJ facility.
Courts are prohibited from withholding adjudication if a minor has previously had their adjudication withheld for certain offenses. Delinquent minors must instead be adjudicated and sentenced to a DJJ residential program.
HB 1337 – Department of Corrections
House Bill 1337 is aimed at providing extra authority for investigators under the Office of Inspector General regarding departmental and contractor-operated correctional facilities.
Under the legislation, correctional privatization contracts are no longer exempt from certain state provisions.
HB 1363 – Traffic Enforcement
House Bill 1363 adds requirements to the state statutes that authorize red light cameras.
The bill requires county governments to pass an ordinance to authorize the installation of traffic infraction detectors after July 1, 2025 (so long as they’re in an area where no such detectors are already installed).
Counties using these detectors would also have to annually report the results of all traffic infraction detectors at a public meeting.
HB 1425 – Juvenile Justice
House Bill 1425 amends several state rules regarding the Department of Juvenile Justice as part of the new Florida laws going into effect July 1st..
First, the law replaces the term “gender” with “sex” when discussing restrictions on where delinquent minors may be committed.
In addition, a person who has taken a child into custody may not release the child to a juvenile assessment center if that child:
- is suffering a serious physical condition that requires prompt treatment
- is believed to be mentally ill
- appears to be intoxicated and has threatened themselves or others
- is incapacitated by substance abuse
HB 1589 – Driving Without a Valid Driver’s License
House Bill 1589 amends state statutes regarding penalties for those caught driving without a valid driver’s license.
This law revises penalties so that such drivers face the following:
- Second-degree misdemeanor — Upon a first conviction
- First-degree misdemeanor — Upon a second conviction
- First-degree misdemeanor and must serve 10 days in jail — Upon a third or subsequent conviction
SB 764 – Retention of Sexual Offense Evidence
Senate Bill 764 is another of many new Florida laws going into effect July 1st. It amends state statutes to specify the standards for storing sexual assault evidence kits (SAKs).
SAKs must be retained for a minimum of 50 years if they are collected from alleged victims who:
- do not report the sexual offense to law enforcement during the forensic physical exam
- do not ask to have the evidence tested
In addition, the medical facility or certified rape crisis center that collected the SAK must transfer the kit to the FDLE within 30 days of collection.
The FDLE must then store the evidence anonymously with a documented chain of custody.
SB 1286 – Returning Firearms
Firearms were also addressed as part of the new Florida laws going into effect July 1st.
Senate Bill 1286 requires law enforcement agencies to return weapons that are taken from a person after an arrest — just so long as the weapons aren’t seized as evidence — within 45 days of the arrested person’s release from detention.
However, this only applies if the person provides a government-issued photographic ID and if the person passes a criminal history background check.
SB 1512 – Controlled Substances
Senate Bill 1512 amends state statutes regarding controlled substances.
Under this law, tianeptine — an antidepressant that increases serotonin uptake in the brain — will be added to the list of Schedule I controlled substances.
According to the CDC, tianeptine hasn’t been approved for any medical use by the FDA, and the agency warns that consumers should avoid products containing the antidepressant.
As a result, tianeptine was included in the new Florida laws going into effect July 1st.
SB 1764 – Highway Racing
Highway racing is also included as part of new Florida laws going into effect July 1st.
Senate Bill 1764 amends state statutes regarding racing on highways.
Under the law, violations of these rules would see harsher fines and enhanced penalties.
The law will also make it so that anyone who breaks these rules while engaging in a “coordinated street takeover” — a situation where at least 10 cars are organized to take over a street — could face a third-degree felony charge and steep fines.
In addition, fines will be increased for spectators at such events.
Our criminal defense attorneys are ready to answer questions and work aggressively on behalf of any of our clients who may have concerns with the new Florida laws going into effect July 1st.
CALL US TODAY AT 813-489-3222, USE OUR CONTACT FORM, EMAIL OR TEXT US FOR A FREE CONSULTATION AND CASE EVALUATION.
Newsletter: 6/20/24 – NEW FLORIDA LAWS GOING INTO EFFECT JULY 1ST
We’re ready to answer questions and work aggressively on behalf of any of our clients who may have concerns with the new Florida laws going into effect July 1st.
