Ch. 790 WEAPONS AND FIREARMS F.S. 2017
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.
(b) 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.
(2) The provisions of s. 316.1933(2), relating to
blood tests for impairment or intoxication, are incorporated
into this act.
(3)(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.
(b) 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.
(4) 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. 3, ch. 91-84; s. 1212, ch. 97-102.
790.157 Presumption of impairment; testing
methods.—
(1) 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.
(2) 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:
(a) 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.
(b) 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.
(c) 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.
(3) 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.
(4) 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.
History.—s. 4, ch. 91-84; s. 1213, ch. 97-102; s. 294, ch. 99-8.
790.16 Discharging machine guns; penalty.—
(1) 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
18