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RECENT RELEASES - FLORIDA SUPREME COURT
CRIMINAL LAW--DRIVING UNDER INFLUENCE--BREATH TEST--IMPLIED CONSENT--EXTRATERRITORIAL JURISDICTION. In resolving a certified conflict, the Court found that a municipal police officer who arrested a driver for DUI inside the city limits was authorized by Florida's implied consent law to request that the driver submit to a breath test at a county breath test facility outside the city limits. The use of a testing facility outside an officer's jurisdiction cannot reasonably be understood to negate an officer's responsibility to complete his or her duties under the statute.
PATERNITY--GESTATIONAL SURROGACY--SPERM DONORS--PARENTAL RIGHTS. The Court held that section 742.14, which provides for the automatic termination of the maternal or paternal rights and obligations of the donor of any egg, sperm, or preembryo, with certain exceptions, does not apply where a child is conceived through use of at-home artificial insemination. Section 742.14 only applies when assisted reproductive technology is involved, and at-home artificial insemination does not fall within section 742.13's definition of assisted reproductive technology as "procreative procedures which involve[d] the laboratory handling of human eggs or preembryos."
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