Bill Text: FL S0432 | 2023 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Driving Under the Influence

Spectrum: Bipartisan Bill

Status: (Failed) 2023-05-05 - Died in Appropriations Committee on Criminal and Civil Justice [S0432 Detail]

Download: Florida-2023-S0432-Introduced.html

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       Florida Senate - 2023                                     SB 432
       
       
        
       By Senator Wright
       
       
       
       
       
       8-00349A-23                                            2023432__
    1                        A bill to be entitled                      
    2         An act relating to driving under the influence;
    3         amending s. 316.193, F.S.; prohibiting a trial court
    4         from accepting specified pleas when a person is
    5         charged with the offense of driving under the
    6         influence unless specified conditions are met;
    7         amending s. 316.1932, F.S.; requiring a person to be
    8         told that his or her first failure to submit to a
    9         lawful test of breath or urine is a second degree
   10         misdemeanor and his or her second or subsequent
   11         refusal is a first degree misdemeanor; making
   12         technical changes; amending s. 316.1939, F.S.;
   13         reclassifying a person’s first failure to submit to a
   14         lawful test of breath or urine as a second degree
   15         misdemeanor; clarifying provisions related to a
   16         person’s second or subsequent failure to submit to a
   17         lawful test of breath, urine, or blood; making
   18         technical changes; creating s. 316.19395, F.S.;
   19         authorizing judicial circuits to create a Driving
   20         Under the Influence Diversion Program; requiring the
   21         policies and procedures of the program to be published
   22         on the website of a participating state attorney’s
   23         office; requiring each judicial circuit operating such
   24         a program to submit participant information for
   25         persons who successfully complete the program to the
   26         Department of Highway Safety and Motor Vehicles;
   27         requiring the department to notate the driver record
   28         of such participants indicating successful completion;
   29         requiring that a person’s new driving-under-the
   30         influence offense after successful program completion
   31         be charged as though the person had a prior driving
   32         under-the-influence conviction; amending s. 316.656,
   33         F.S.; prohibiting a court from suspending, deferring,
   34         or withholding adjudication of guilt or imposition of
   35         sentence for a specified violation; providing an
   36         effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Subsection (15) is added to section 316.193,
   41  Florida Statutes, to read:
   42         316.193 Driving under the influence; penalties.—
   43         (15) A trial court judge may not accept a plea of guilty or
   44  no contest to a reduced charge, including reckless driving under
   45  s. 316.192, from a person charged with a violation of subsection
   46  (1) unless:
   47         (a) The trial court determines there is a good faith basis
   48  to believe a reduction in such charge is warranted; or
   49         (b) The defendant successfully completes a Driving Under
   50  the Influence Diversion Program in accordance with s. 316.19395.
   51         Section 2. Paragraph (a) of subsection (1) of section
   52  316.1932, Florida Statutes, is amended to read:
   53         316.1932 Tests for alcohol, chemical substances, or
   54  controlled substances; implied consent; refusal.—
   55         (1)(a)1.a. A person who accepts the privilege extended by
   56  the laws of this state of operating a motor vehicle within this
   57  state is, by operating such vehicle, deemed to have given his or
   58  her consent to submit to an approved chemical test or physical
   59  test including, but not limited to, an infrared light test of
   60  his or her breath for the purpose of determining the alcoholic
   61  content of his or her blood or breath if the person is lawfully
   62  arrested for any offense allegedly committed while the person
   63  was driving or was in actual physical control of a motor vehicle
   64  while under the influence of alcoholic beverages. The chemical
   65  or physical breath test must be incidental to a lawful arrest
   66  and administered at the request of a law enforcement officer who
   67  has reasonable cause to believe such person was driving or was
   68  in actual physical control of the motor vehicle within this
   69  state while under the influence of alcoholic beverages. The
   70  administration of a breath test does not preclude the
   71  administration of another type of test. The person must shall be
   72  told that his or her failure to submit to any lawful test of his
   73  or her breath will result in the suspension of his or her
   74  license the person’s privilege to operate a motor vehicle as
   75  provided in s. 322.2615(1)(a) for a period of 1 year for a first
   76  refusal, or for a period of 18 months if the driver license
   77  driving privilege of such person has been previously suspended
   78  or if he or she has previously been fined under s. 327.35215 as
   79  a result of a refusal to submit to a test or tests required
   80  under this chapter or chapter 327, and must shall also be told
   81  that if he or she refuses to submit to a lawful test of his or
   82  her breath and his or her driving privilege has been previously
   83  suspended or if he or she has previously been fined under s.
   84  327.35215 for a prior refusal to submit to a lawful test of his
   85  or her breath, urine, or blood as required under this chapter or
   86  chapter 327, he or she commits a misdemeanor of the second first
   87  degree, punishable as provided in s. 775.082 or s. 775.083, for
   88  a first refusal and a misdemeanor of the first degree,
   89  punishable as provided in s. 775.082 or s. 775.083, for a second
   90  or subsequent refusal, in addition to any other penalties
   91  provided by law. The refusal to submit to a chemical or physical
   92  breath test upon the request of a law enforcement officer as
   93  provided in this section is admissible into evidence in any
   94  criminal proceeding.
   95         b. A person who accepts the privilege extended by the laws
   96  of this state of operating a motor vehicle within this state is,
   97  by operating such vehicle, deemed to have given his or her
   98  consent to submit to a urine test for the purpose of detecting
   99  the presence of chemical substances as set forth in s. 877.111
  100  or controlled substances if the person is lawfully arrested for
  101  any offense allegedly committed while the person was driving or
  102  was in actual physical control of a motor vehicle while under
  103  the influence of chemical substances or controlled substances.
  104  The urine test must be incidental to a lawful arrest and
  105  administered at a detention facility or any other facility,
  106  mobile or otherwise, which is equipped to administer such tests
  107  at the request of a law enforcement officer who has reasonable
  108  cause to believe such person was driving or was in actual
  109  physical control of a motor vehicle within this state while
  110  under the influence of chemical substances or controlled
  111  substances. The urine test must shall be administered at a
  112  detention facility or any other facility, mobile or otherwise,
  113  which is equipped to administer such test in a reasonable manner
  114  that will ensure the accuracy of the specimen and maintain the
  115  privacy of the individual involved. The administration of a
  116  urine test does not preclude the administration of another type
  117  of test. The person must shall be told that his or her failure
  118  to submit to any lawful test of his or her urine will result in
  119  the suspension of his or her license the person’s privilege to
  120  operate a motor vehicle for a period of 1 year for the first
  121  refusal, or for a period of 18 months if the driver license
  122  driving privilege of such person has been previously suspended
  123  or if he or she has previously been fined under s. 327.35215 as
  124  a result of a refusal to submit to a test or tests required
  125  under this chapter or chapter 327, and must shall also be told
  126  that if he or she refuses to submit to a lawful test of his or
  127  her urine and his or her driving privilege has been previously
  128  suspended or if he or she has previously been fined under s.
  129  327.35215 for a prior refusal to submit to a lawful test of his
  130  or her breath, urine, or blood as required under this chapter or
  131  chapter 327, he or she commits a misdemeanor of the first
  132  degree, punishable as provided in s. 775.082 or s. 775.083, in
  133  addition to any other penalties provided by law. The refusal to
  134  submit to a urine test upon the request of a law enforcement
  135  officer as provided in this section is admissible into evidence
  136  in any criminal proceeding.
  137         2. The Alcohol Testing Program within the Department of Law
  138  Enforcement is responsible for the regulation of the operation,
  139  inspection, and registration of breath test instruments utilized
  140  under the driving and boating under the influence provisions and
  141  related provisions located in this chapter and chapters 322 and
  142  327. The program is responsible for the regulation of the
  143  individuals who operate, inspect, and instruct on the breath
  144  test instruments utilized in the driving and boating under the
  145  influence provisions and related provisions located in this
  146  chapter and chapters 322 and 327. The program is further
  147  responsible for the regulation of blood analysts who conduct
  148  blood testing to be utilized under the driving and boating under
  149  the influence provisions and related provisions located in this
  150  chapter and chapters 322 and 327. The program shall:
  151         a. Establish uniform criteria for the issuance of permits
  152  to breath test operators, agency inspectors, instructors, blood
  153  analysts, and instruments.
  154         b. Have the authority to permit breath test operators,
  155  agency inspectors, instructors, blood analysts, and instruments.
  156         c. Have the authority to discipline and suspend, revoke, or
  157  renew the permits of breath test operators, agency inspectors,
  158  instructors, blood analysts, and instruments.
  159         d. Establish uniform requirements for instruction and
  160  curricula for the operation and inspection of approved
  161  instruments.
  162         e. Have the authority to specify one approved curriculum
  163  for the operation and inspection of approved instruments.
  164         f. Establish a procedure for the approval of breath test
  165  operator and agency inspector classes.
  166         g. Have the authority to approve or disapprove breath test
  167  instruments and accompanying paraphernalia for use pursuant to
  168  the driving and boating under the influence provisions and
  169  related provisions located in this chapter and chapters 322 and
  170  327.
  171         h. With the approval of the executive director of the
  172  Department of Law Enforcement, make and enter into contracts and
  173  agreements with other agencies, organizations, associations,
  174  corporations, individuals, or federal agencies as are necessary,
  175  expedient, or incidental to the performance of duties.
  176         i. Issue final orders which include findings of fact and
  177  conclusions of law and which constitute final agency action for
  178  the purpose of chapter 120.
  179         j. Enforce compliance with this section through civil or
  180  administrative proceedings.
  181         k. Make recommendations concerning any matter within the
  182  purview of this section, this chapter, chapter 322, or chapter
  183  327.
  184         l. Adopt Promulgate rules for the administration and
  185  implementation of this section, including definitions of terms.
  186         m. Consult and cooperate with other entities for the
  187  purpose of implementing the mandates of this section.
  188         n. Have the authority to approve the type of blood test
  189  utilized under the driving and boating under the influence
  190  provisions and related provisions located in this chapter and
  191  chapters 322 and 327.
  192         o. Have the authority to specify techniques and methods for
  193  breath alcohol testing and blood testing utilized under the
  194  driving and boating under the influence provisions and related
  195  provisions located in this chapter and chapters 322 and 327.
  196         p. Have the authority to approve repair facilities for the
  197  approved breath test instruments, including the authority to set
  198  criteria for approval.
  199  
  200  Nothing in This paragraph may not section shall be construed to
  201  supersede provisions in this chapter and chapters 322 and 327.
  202  The specifications in this section are derived from the power
  203  and authority previously and currently possessed by the
  204  Department of Law Enforcement and are enumerated to conform with
  205  the mandates of chapter 99-379, Laws of Florida.
  206         Section 3. Section 316.1939, Florida Statutes, is amended
  207  to read:
  208         316.1939 Refusal to submit to testing; penalties.—
  209         (1) A person who has refused to submit to a chemical or
  210  physical test of his or her breath or urine, as described in s.
  211  316.1932, commits a misdemeanor of the second degree, punishable
  212  as provided in s. 775.082 or s. 775.083, in addition to any
  213  other penalties provided by law, if and whose driving privilege
  214  was previously suspended or who was previously fined under s.
  215  327.35215 for a prior refusal to submit to a lawful test of his
  216  or her breath, urine, or blood required under this chapter or
  217  chapter 327, and:
  218         (a) Who The arresting law enforcement officer had probable
  219  cause to believe the person was driving or in actual physical
  220  control of a motor vehicle in this state while under the
  221  influence of alcoholic beverages, chemical substances, or
  222  controlled substances;
  223         (b) The person Who was placed under lawful arrest for a
  224  violation of s. 316.193, unless such test was requested pursuant
  225  to s. 316.1932(1)(c);
  226         (c) The person Who was informed that, if he or she refused
  227  to submit to such test, his or her license privilege to operate
  228  a motor vehicle would be suspended for a period of 1 year or, in
  229  the case of a second or subsequent refusal, for a period of 18
  230  months; and
  231         (d) The person, after having been so informed, still
  232  refuses Who was informed that a refusal to submit to a lawful
  233  test of his or her breath or urine when requested to do so by a
  234  law enforcement or correctional officer.
  235         (2) A second or subsequent refusal to submit to a lawful
  236  test of breath, urine, or blood as specified in subsection (1)
  237  is a misdemeanor of the first degree, punishable as provided in
  238  s. 775.082 or s. 775.083, in addition to any other penalties
  239  provided by law, if his or her driving privilege has been
  240  previously suspended or if he or she has previously been fined
  241  under s. 327.35215 for a prior refusal to submit to a lawful
  242  test of his or her breath, urine, or blood as required under
  243  this chapter or chapter 327, is a misdemeanor of the first
  244  degree, punishable as provided in s. 775.082 or s. 775.083, in
  245  addition to any other penalties provided by law; and
  246         (e) Who, after having been so informed, refused to submit
  247  to any such test when requested to do so by a law enforcement
  248  officer or correctional officer
  249  
  250  commits a misdemeanor of the first degree and is subject to
  251  punishment as provided in s. 775.082 or s. 775.083.
  252         (3)(2) The disposition of any administrative proceeding
  253  that relates to the suspension of a person’s driver license
  254  driving privilege does not affect a criminal action under this
  255  section.
  256         (4)(3) The disposition of a criminal action under this
  257  section does not affect any administrative proceeding that
  258  relates to the suspension of a person’s driver license driving
  259  privilege. The department’s records showing that a person’s
  260  license has been previously suspended for a prior refusal to
  261  submit to a lawful test of his or her breath, urine, or blood is
  262  shall be admissible and creates shall create a rebuttable
  263  presumption of such suspension.
  264         Section 4. Section 316.19395, Florida Statutes, is created
  265  to read:
  266         316.19395 Driving Under the Influence Diversion Programs.—
  267         (1) Any judicial circuit may create a Driving Under the
  268  Influence Diversion Program. A judicial circuit that creates
  269  such a program shall publish the terms and conditions of the
  270  program on the website of the office of the state attorney.
  271         (2) Each judicial circuit operating a Driving Under the
  272  Influence Diversion Program must report to the department
  273  persons who have successfully completed the program. The
  274  department shall notate the successful participation of the
  275  diversion program on the driving record of such persons.
  276         (3) If, after successfully completing a diversion program,
  277  a person is charged with a new driving-under-the-influence
  278  offense, the person must be charged for the new driving-under
  279  the-influence offense in the same manner as if the person had a
  280  prior conviction for driving under the influence under s.
  281  316.193(1).
  282         Section 5. Subsection (1) of section 316.656, Florida
  283  Statutes, is amended to read:
  284         316.656 Mandatory adjudication; prohibition against
  285  accepting plea to lesser included offense.—
  286         (1) Notwithstanding the provisions of s. 948.01, a court
  287  may not no court may suspend, defer, or withhold adjudication of
  288  guilt or imposition of sentence for any violation of s. 316.193
  289  or s. 316.1939, for manslaughter resulting from the operation of
  290  a motor vehicle, or for vehicular homicide.
  291         Section 6. This act shall take effect October 1, 2023.