Bill Text: FL S0232 | 2024 | Regular Session | Comm Sub
Bill Title: Driving Under the Influence
Spectrum: Bipartisan Bill
Status: (Failed) 2024-03-08 - Died in Appropriations Committee on Criminal and Civil Justice [S0232 Detail]
Download: Florida-2024-S0232-Comm_Sub.html
Florida Senate - 2024 CS for SB 232
By the Committee on Criminal Justice; and Senator Wright
591-02390-24 2024232c1
1 A bill to be entitled
2 An act relating to driving under the influence;
3 amending s. 316.1932, F.S.; requiring that a person be
4 told that his or her failure to submit to a lawful
5 test of breath or urine is a second degree misdemeanor
6 or a first degree misdemeanor under certain
7 circumstances; making technical changes; amending s.
8 316.1939, F.S.; classifying a person’s refusal to
9 submit to a chemical or physical test of breath or
10 urine as a second degree misdemeanor or a first degree
11 misdemeanor under certain circumstances; making
12 technical changes; creating s. 316.19395, F.S.;
13 authorizing judicial circuits to create a driving
14 under the influence diversion program; requiring that
15 the policies and procedures of the diversion program
16 be published on the website of the state attorney’s
17 office; requiring each judicial circuit operating such
18 a diversion program to submit participant information
19 for persons who successfully complete the program to
20 the Department of Highway Safety and Motor Vehicles;
21 requiring the department to notate successful
22 completion on the driving record of such participants;
23 providing that a person who successfully completes
24 such a diversion program is ineligible for
25 participation in such a program in the future;
26 amending s. 316.656, F.S.; prohibiting a court from
27 suspending, deferring, or withholding adjudication of
28 guilt or imposition of sentence for a specified
29 violation; amending s. 322.34, F.S.; providing
30 penalties for specified violations of driving while a
31 license or driving privilege is canceled, suspended,
32 or revoked or under suspension or revocation
33 equivalent status; making technical changes; providing
34 an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Paragraph (a) of subsection (1) of section
39 316.1932, Florida Statutes, is amended to read:
40 316.1932 Tests for alcohol, chemical substances, or
41 controlled substances; implied consent; refusal.—
42 (1)(a)1.a. A person who accepts the privilege extended by
43 the laws of this state of operating a motor vehicle within this
44 state is, by operating such vehicle, deemed to have given his or
45 her consent to submit to an approved chemical test or physical
46 test including, but not limited to, an infrared light test of
47 his or her breath for the purpose of determining the alcoholic
48 content of his or her blood or breath if the person is lawfully
49 arrested for any offense allegedly committed while the person
50 was driving or was in actual physical control of a motor vehicle
51 while under the influence of alcoholic beverages. The chemical
52 or physical breath test must be incidental to a lawful arrest
53 and administered at the request of a law enforcement officer who
54 has reasonable cause to believe such person was driving or was
55 in actual physical control of the motor vehicle within this
56 state while under the influence of alcoholic beverages. The
57 administration of a breath test does not preclude the
58 administration of another type of test. The person must shall be
59 told that his or her failure to submit to any lawful test of his
60 or her breath will result in the suspension of his or her the
61 person’s privilege to operate a motor vehicle as provided in s.
62 322.2615(1)(a) for a period of 1 year for a first refusal, or
63 for a period of 18 months if the driving privilege of such
64 person has been previously suspended or if he or she has
65 previously been fined under s. 327.35215 as a result of a
66 refusal to submit to a test or tests required under this chapter
67 or chapter 327, and must shall also be told that if he or she
68 refuses to submit to a lawful test of his or her breath and his
69 or her driving privilege has been previously suspended or if he
70 or she has previously been fined under s. 327.35215 for a prior
71 refusal to submit to a lawful test of his or her breath, urine,
72 or blood as required under this chapter or chapter 327, he or
73 she commits a misdemeanor of the second first degree, punishable
74 as provided in s. 775.082 or s. 775.083, or a misdemeanor of the
75 first degree, punishable as provided in s. 775.082 or s.
76 775.083, if his or her driving privilege has been previously
77 suspended or if he or she has previously been fined under s.
78 327.35215 for a prior refusal to submit to a lawful test of his
79 or her breath, urine, or blood as required under this chapter or
80 chapter 327, in addition to any other penalties provided by law.
81 The refusal to submit to a chemical or physical breath test upon
82 the request of a law enforcement officer as provided in this
83 section is admissible into evidence in any criminal proceeding.
84 b. A person who accepts the privilege extended by the laws
85 of this state of operating a motor vehicle within this state is,
86 by operating such vehicle, deemed to have given his or her
87 consent to submit to a urine test for the purpose of detecting
88 the presence of chemical substances as set forth in s. 877.111
89 or controlled substances if the person is lawfully arrested for
90 any offense allegedly committed while the person was driving or
91 was in actual physical control of a motor vehicle while under
92 the influence of chemical substances or controlled substances.
93 The urine test must be incidental to a lawful arrest and
94 administered at a detention facility or any other facility,
95 mobile or otherwise, which is equipped to administer such tests
96 at the request of a law enforcement officer who has reasonable
97 cause to believe such person was driving or was in actual
98 physical control of a motor vehicle within this state while
99 under the influence of chemical substances or controlled
100 substances. The urine test must shall be administered at a
101 detention facility or any other facility, mobile or otherwise,
102 which is equipped to administer such test in a reasonable manner
103 that will ensure the accuracy of the specimen and maintain the
104 privacy of the individual involved. The administration of a
105 urine test does not preclude the administration of another type
106 of test. The person must shall be told that his or her failure
107 to submit to any lawful test of his or her urine will result in
108 the suspension of his or her the person’s privilege to operate a
109 motor vehicle for a period of 1 year for the first refusal, or
110 for a period of 18 months if the driving privilege of such
111 person has been previously suspended or if he or she has
112 previously been fined under s. 327.35215 as a result of a
113 refusal to submit to a test or tests required under this chapter
114 or chapter 327, and must shall also be told that if he or she
115 refuses to submit to a lawful test of his or her urine and his
116 or her driving privilege has been previously suspended or if he
117 or she has previously been fined under s. 327.35215 for a prior
118 refusal to submit to a lawful test of his or her breath, urine,
119 or blood as required under this chapter or chapter 327, he or
120 she commits a misdemeanor of the second first degree, punishable
121 as provided in s. 775.082 or s. 775.083, or a misdemeanor of the
122 first degree, punishable as provided in s. 775.082 or s.
123 775.083, if his or her driving privilege has been previously
124 suspended or if he or she has previously been fined under s.
125 327.35215 for a prior refusal to submit to a lawful test of his
126 or her breath, urine, or blood as required under this chapter or
127 chapter 327, in addition to any other penalties provided by law.
128 The refusal to submit to a urine test upon the request of a law
129 enforcement officer as provided in this section is admissible
130 into evidence in any criminal proceeding.
131 2. The Alcohol Testing Program within the Department of Law
132 Enforcement is responsible for the regulation of the operation,
133 inspection, and registration of breath test instruments utilized
134 under the driving and boating under the influence provisions and
135 related provisions located in this chapter and chapters 322 and
136 327. The program is responsible for the regulation of the
137 individuals who operate, inspect, and instruct on the breath
138 test instruments utilized in the driving and boating under the
139 influence provisions and related provisions located in this
140 chapter and chapters 322 and 327. The program is further
141 responsible for the regulation of blood analysts who conduct
142 blood testing to be utilized under the driving and boating under
143 the influence provisions and related provisions located in this
144 chapter and chapters 322 and 327. The program shall:
145 a. Establish uniform criteria for the issuance of permits
146 to breath test operators, agency inspectors, instructors, blood
147 analysts, and instruments.
148 b. Have the authority to permit breath test operators,
149 agency inspectors, instructors, blood analysts, and instruments.
150 c. Have the authority to discipline and suspend, revoke, or
151 renew the permits of breath test operators, agency inspectors,
152 instructors, blood analysts, and instruments.
153 d. Establish uniform requirements for instruction and
154 curricula for the operation and inspection of approved
155 instruments.
156 e. Have the authority to specify one approved curriculum
157 for the operation and inspection of approved instruments.
158 f. Establish a procedure for the approval of breath test
159 operator and agency inspector classes.
160 g. Have the authority to approve or disapprove breath test
161 instruments and accompanying paraphernalia for use pursuant to
162 the driving and boating under the influence provisions and
163 related provisions located in this chapter and chapters 322 and
164 327.
165 h. With the approval of the executive director of the
166 Department of Law Enforcement, make and enter into contracts and
167 agreements with other agencies, organizations, associations,
168 corporations, individuals, or federal agencies as are necessary,
169 expedient, or incidental to the performance of duties.
170 i. Issue final orders which include findings of fact and
171 conclusions of law and which constitute final agency action for
172 the purpose of chapter 120.
173 j. Enforce compliance with this section through civil or
174 administrative proceedings.
175 k. Make recommendations concerning any matter within the
176 purview of this section, this chapter, chapter 322, or chapter
177 327.
178 l. Adopt Promulgate rules for the administration and
179 implementation of this section, including definitions of terms.
180 m. Consult and cooperate with other entities for the
181 purpose of implementing the mandates of this section.
182 n. Have the authority to approve the type of blood test
183 utilized under the driving and boating under the influence
184 provisions and related provisions located in this chapter and
185 chapters 322 and 327.
186 o. Have the authority to specify techniques and methods for
187 breath alcohol testing and blood testing utilized under the
188 driving and boating under the influence provisions and related
189 provisions located in this chapter and chapters 322 and 327.
190 p. Have the authority to approve repair facilities for the
191 approved breath test instruments, including the authority to set
192 criteria for approval.
193
194 Nothing in this section shall be construed to supersede
195 provisions in this chapter and chapters 322 and 327. The
196 specifications in this section are derived from the power and
197 authority previously and currently possessed by the Department
198 of Law Enforcement and are enumerated to conform with the
199 mandates of chapter 99-379, Laws of Florida.
200 Section 2. Section 316.1939, Florida Statutes, is amended
201 to read:
202 316.1939 Refusal to submit to testing; penalties.—
203 (1) A person who has refused to submit to a chemical or
204 physical test of his or her breath or urine, as described in s.
205 316.1932, commits a misdemeanor of the second degree, punishable
206 as provided in s. 775.082 or s. 775.083, in addition to any
207 other penalties provided by law, and such person whose driving
208 privilege was previously suspended or who was previously fined
209 under s. 327.35215 for a prior refusal to submit to a lawful
210 test of his or her breath, urine, or blood required under this
211 chapter or chapter 327 commits a misdemeanor of the first
212 degree, punishable as provided in s. 775.082 or s. 775.083, in
213 addition to any other penalties provided by law if all of the
214 following apply, and:
215 (a) Who The arresting law enforcement officer had probable
216 cause to believe that the person was driving or in actual
217 physical control of a motor vehicle in this state while under
218 the influence of alcoholic beverages, chemical substances, or
219 controlled substances.;
220 (b) The person Who was placed under lawful arrest for a
221 violation of s. 316.193, unless such test was requested pursuant
222 to s. 316.1932(1)(c).;
223 (c) The person Who was informed that, if he or she refused
224 to submit to such test, his or her privilege to operate a motor
225 vehicle would be suspended for a period of 1 year or, in the
226 case of a second or subsequent refusal, for a period of 18
227 months.;
228 (d) The person, after having been informed as required in
229 paragraph (c), still refuses Who was informed that a refusal to
230 submit to a lawful test of his or her breath or urine as
231 described in s. 316.1932, if his or her driving privilege has
232 been previously suspended or if he or she has previously been
233 fined under s. 327.35215 for a prior refusal to submit to a
234 lawful test of his or her breath, urine, or blood as required
235 under this chapter or chapter 327, is a misdemeanor of the first
236 degree, punishable as provided in s. 775.082 or s. 775.083, in
237 addition to any other penalties provided by law; and
238 (e) Who, after having been so informed, refused to submit
239 to any such test when requested to do so by a law enforcement
240 officer or correctional officer
241
242 commits a misdemeanor of the first degree and is subject to
243 punishment as provided in s. 775.082 or s. 775.083.
244 (2) The disposition of any administrative proceeding that
245 relates to the suspension of a person’s driving privilege does
246 not affect a criminal action under this section.
247 (3) The disposition of a criminal action under this section
248 does not affect any administrative proceeding that relates to
249 the suspension of a person’s driving privilege. The department’s
250 records showing that a person’s license has been previously
251 suspended for a prior refusal to submit to a lawful test of his
252 or her breath, urine, or blood are shall be admissible and
253 create shall create a rebuttable presumption of such suspension.
254 Section 3. Section 316.19395, Florida Statutes, is created
255 to read:
256 316.19395 Driving under the influence diversion programs.—
257 (1) Any judicial circuit may create a driving under the
258 influence diversion program. A judicial circuit that creates
259 such a diversion program shall publish the terms and conditions
260 of the program on the website of the office of the state
261 attorney for that circuit.
262 (2) Each judicial circuit that offers a diversion program
263 under this section shall notify the department of each person
264 who successfully completes the program. The department shall
265 notate the successful completion of participation in the
266 diversion program on the driving record of each such person.
267 (3) A person who successfully completes such a diversion
268 program is ineligible for future participation in such a
269 program.
270 Section 4. Subsection (1) of section 316.656, Florida
271 Statutes, is amended to read:
272 316.656 Mandatory adjudication; prohibition against
273 accepting plea to lesser included offense.—
274 (1) Notwithstanding the provisions of s. 948.01, a court
275 may not no court may suspend, defer, or withhold adjudication of
276 guilt or imposition of sentence for any violation of s. 316.193
277 or s. 316.1939, for manslaughter resulting from the operation of
278 a motor vehicle, or for vehicular homicide.
279 Section 5. Subsection (2) of section 322.34, Florida
280 Statutes, is amended to read:
281 322.34 Driving while license suspended, revoked, canceled,
282 or disqualified.—
283 (2) Any person whose driver license or driving privilege
284 has been canceled, suspended, or revoked as provided by law, or
285 who does not have a driver license or driving privilege but is
286 under suspension or revocation equivalent status as defined in
287 s. 322.01(42), except persons defined in s. 322.264, who,
288 knowing of such cancellation, suspension, revocation, or
289 suspension or revocation equivalent status, drives any motor
290 vehicle upon the highways of this state while such license or
291 privilege is canceled, suspended, or revoked, or while under
292 suspension or revocation equivalent status, commits:
293 (a) A misdemeanor of the second degree, punishable as
294 provided in s. 775.082 or s. 775.083.
295 (b)1. A misdemeanor of the first degree, punishable as
296 provided in s. 775.082 or s. 775.083, upon a second or
297 subsequent conviction, except as provided in paragraph (c).
298 2. A person convicted of a third or subsequent conviction,
299 except as provided in paragraph (c), must serve a minimum of 10
300 days in jail.
301 (c) A felony of the third degree, punishable as provided in
302 s. 775.082, s. 775.083, or s. 775.084, upon a third or
303 subsequent conviction if the current violation of this section
304 or the most recent prior violation of the section is related to
305 driving while license canceled, suspended, revoked, or
306 suspension or revocation equivalent status resulting from a
307 violation of:
308 1. Driving under the influence. A person to whom this
309 subparagraph applies must serve a minimum of 30 days in jail
310 upon a first conviction, a minimum of 60 days in jail upon a
311 second conviction, and a minimum of 90 days in jail upon a third
312 or subsequent conviction;
313 2. Refusal to submit to a urine, breath-alcohol, or blood
314 alcohol test. A person to whom this subparagraph applies must
315 serve a minimum of 30 days in jail upon a first conviction, a
316 minimum of 60 days in jail upon a second conviction, and a
317 minimum of 90 days in jail upon a third or subsequent
318 conviction;
319 3. A traffic offense causing death or serious bodily
320 injury; or
321 4. Fleeing or eluding.
322
323 The element of knowledge is satisfied if the person has been
324 previously cited as provided in subsection (1); or the person
325 admits to knowledge of the cancellation, suspension, or
326 revocation, or suspension or revocation equivalent status; or
327 the person received notice as provided in subsection (4). There
328 is shall be a rebuttable presumption that the knowledge
329 requirement is satisfied if a judgment or an order as provided
330 in subsection (4) appears in the department’s records for any
331 case except for one involving a suspension by the department for
332 failure to pay a traffic fine or for a financial responsibility
333 violation.
334 Section 6. This act shall take effect October 1, 2024.
