F.S. 2017 WEAPONS AND FIREARMS Ch. 790
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.
(3) 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.
(4) 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:
(a) To a person lawfully defending life or property or
performing official duties requiring the discharge of a
firearm;
(b) If, under the circumstances, the discharge does
not pose a reasonably foreseeable risk to life, safety, or
property; or
(c) To a person who accidentally discharges a
firearm.
History.—s. 1, ch. 3289, 1881; RS 2683; GS 3626; RGS 5557; CGL 7743; s. 1,
ch. 61-334; s. 745, ch. 71-136; s. 1, ch. 78-17; s. 1, ch. 89-157; s. 229, ch. 99-245; s.
77, ch. 2012-7; s. 3, ch. 2012-108; s. 1, ch. 2016-12.
790.151 Using firearm while under the influence
of alcoholic beverages, chemical substances, or
controlled substances; penalties.—
(1) As used in ss. 790.151-790.157, to “use a
firearm” means to discharge a firearm or to have a
firearm readily accessible for immediate discharge.
(2) For the purposes of this section, “readily accessible
for immediate discharge” means loaded and in a
person’s hand.
(3) 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.
(4) Any person who violates subsection (3) commits
a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
(5) This section does not apply to persons exercising
lawful self-defense or defense of one’s property.
History.—s. 1, ch. 91-84; s. 1210, ch. 97-102.
790.153 Tests for impairment or intoxication;
right to refuse.—
(1)(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 s. 790.155.
(b) 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.
(c) 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.
(2) 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.
(3) 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.
History.—s. 2, ch. 91-84; s. 1211, ch. 97-102.
790.155 Blood test for impairment or intoxication
in cases of death or serious bodily injury; right
to use reasonable force.—
(1)(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
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