Senate passes bills on penalties for illegal aliens, first responders fentanyl exposure, more

TALLAHASSEE, Fla. – The Florida Senate passed multiple bills Friday, including one that deals with criminal penalties for individuals responsible for a first responders’ exposure to fentanyl, and another that would strengthen penalties for illegal immigrants who reenter the U.S. and commit crimes.

Another bill passed by the Senate Friday would crack down on people who refuse a breathalyzer test if they drive under the influence.

Sen. Blaise Ingoglia, R-Spring Hill, sponsored SB 1036, which he said creates two new sections in Florida law to reclassify penalties committed by a person who has been previously convicted of illegal entry into the U.S. or commits a crime in furtherance of transnational crime organizations.

According to the bill, a “transnational crime organization” means an organization that “routinely facilitates the international trafficking of drugs, humans, or weapons or the international smuggling of humans.”

Ingoglia’s bill passed favorably through the Senate floor with a 32-0 vote.

The bill provides that a person who has a previous criminal conviction under federal law for reentering the country and has committed a felony in Florida, the felony would be reclassified to the next highest degree.

Under the bill, offenses are reclassified as:  

• A misdemeanor of the second-degree to a misdemeanor of the first-degree
• A misdemeanor of the first-degree to a felony of the third-degree
• A felony of the third-degree to a felony of the second-degree  
• A felony of the second-degree to a felony of the first-degree  
• A felony of the first-degree to a life felony

Rep. Kiyan Michael, R-Jacksonville, sponsored similar legislation in the House, HB 1449, which is set for a second reading on the House floor to be considered.

The legislation will take effect Oct. 1 if passed through the House and signed by the governor.

Sen. Jay Collins , R-Tampa, filed SB 718, which he said is to make sure that individuals who have put first responders lives at risk with exposure to fentanyl are “kept accountable for their actions.”

According to the bill, an individual aged 18 years or older, who, while unlawfully in possession of hazardous fentanyl or fentanyl analogs, “recklessly exposes” a first responder to said substances, resulting in an overdose or severe bodily harm to the responder, will be charged with a second-degree felony.

“I do want to thank people from across our Senate for their support and work on this bill,” Collins said in closing. “It’s had a lot of work to get where it’s at and I think we’re in a much better position than we were.”

Rep. Jessica Baker, R-Jacksonville, filed similar legislation in the House, which is set for consideration on the House floor.

If passed through the House and signed by the governor, the bill will take effect Oct. 1.

Another bill passed by the Senate Friday would require a person refusing to take a breathalyzer test after driving under the influence be informed that authorities will order the placement of a device on their vehicles preventing them from driving unless they pass the device’s requirements.

Sen. Nick DiCeglie, R-St. Petersburg, sponsored the bill, SB 260, which passed with a 32-1 vote.

The device is called an ignition interlock device, and drivers would not be able to start their car until they take the embedded breathalyzer test, which determines their alcohol concentration.

DiCeglie’s bill states that if the individual refuses to participate in a breath, urine or blood test, they will be subject to the mandatory placement of an ignition interlock device in all of the vehicles that they rent and own.

DiCeglie explained an added amendment to the bill, which he said requires proof of installation of the ignition interlock device and must be submitted to the Department of Highway Safety Motor Vehicle and verification of the operation of the device in the person’s vehicle must be periodically reported to the department. 

He said the amendment also provides that if a person chooses to proceed with an administrative hearing, and a driver’s license suspended is affirmed, the person must also have an ignition interlock device installed in their vehicle for one year.

Under the amendment, the department will also be required to post annually on their website the number of drivers who refused the DUI test and either choose to obtain a hardship license or choose to reinstate their license with an ignition interlock device.

DiCeglie said there is a 35% rate in Florida of people who refuse to take the breathalyzer test, which he said is about 15% higher than the national average.

“What this bill is seeking to do is that we’re trying to save lives at the end of the day,” DiCeglie said. “We’re trying to point out that driving, yes, is a privilege.”

The senator encouraged all Floridians to not drive drunk and instead, take an Uber, or walk home, and to “take a breathalyzer test” if the circumstance arises.

Rep. Traci Koster, R-Tampa, filed identical legislation in the House, HB 39, which is set House consideration.