Florida Senate - 2016                                    SB 1244
       
       
        
       By Senator Simmons
       
       10-00909-16                                           20161244__
    1                        A bill to be entitled                      
    2         An act relating to driving under the influence;
    3         amending s. 316.1939, F.S.; providing penalties for a
    4         first-time refusal of a chemical or physical test of a
    5         person’s breath, blood, or urine; providing that a
    6         subsequent refusal by a person who has previously had
    7         a license suspension for a prior refusal is a
    8         misdemeanor of the first degree; requiring the court
    9         to impose certain mandatory ignition interlock devices
   10         on the vehicles of convicted persons for a specified
   11         time under certain circumstances; prohibiting a court
   12         from suspending, deferring, or withholding
   13         adjudication of guilt or the imposition of a sentence
   14         or penalty for specified offenses; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 316.1939, Florida Statutes, is amended
   20  to read:
   21         316.1939 Refusal to submit to testing; penalties.—
   22         (1) Any person who has refused to submit to a chemical or
   23  physical test of his or her breath, blood, or urine, as
   24  described in s. 316.1932, and whose driving privilege was
   25  previously suspended for a prior refusal to submit to a lawful
   26  test of his or her breath, urine, or blood, and:
   27         (a) Who the arresting law enforcement officer had probable
   28  cause to believe was driving or in actual physical control of a
   29  motor vehicle in this state while under the influence of
   30  alcoholic beverages, chemical substances, or controlled
   31  substances;
   32         (b) Who was placed under lawful arrest for a violation of
   33  s. 316.193 unless such test was requested pursuant to s.
   34  316.1932(1)(c);
   35         (c) Who was informed that, if he or she refused to submit
   36  to such test, his or her privilege to operate a motor vehicle
   37  would be suspended for a period of 1 year or, in the case of a
   38  second or subsequent refusal, for a period of 18 months;
   39         (d) Who was informed that a refusal to submit to a lawful
   40  test of his or her breath, urine, or blood, if his or her
   41  driving privilege has been previously suspended for a prior
   42  refusal to submit to a lawful test of his or her breath, urine,
   43  or blood, is subject to penalties a misdemeanor; and
   44         (e) Who, after having been so informed, refused to submit
   45  to any such test when requested to do so by a law enforcement
   46  officer or correctional officer shall be punished:
   47         1. By a fine of at least $500 but not more than $1,000;
   48         2. By probation for 6 months; and
   49         3. By having 4 points assessed against his or her driver
   50  license.
   51         (2)(a) A person who has refused to submit to a chemical or
   52  physical test of his or her breath, blood, or urine, as
   53  described in s. 316.1932, and whose driving privilege was
   54  previously suspended for a prior refusal to submit to a lawful
   55  test of his or her breath, urine, or blood, commits a
   56  misdemeanor of the first degree and is subject to punishment as
   57  provided in s. 775.082 or s. 775.083.
   58         (b) The court shall impose mandatory placement, for a
   59  period of at least 1 year at the convicted person’s sole
   60  expense, of an ignition interlock device approved by the
   61  department in accordance with s. 316.1938 upon all vehicles that
   62  are individually or jointly leased or owned and routinely
   63  operated by the convicted person, when the convicted person
   64  qualifies for a permanent or restricted license.
   65         (c) A court may not suspend, defer, or withhold
   66  adjudication of guilt or the imposition of a sentence or penalty
   67  for an offense under paragraph (a).
   68         (3)(2) The disposition of any administrative proceeding
   69  that relates to the suspension of a person’s driving privilege
   70  does not affect an offense a criminal action under this section.
   71         (4)(3) The disposition of an offense a criminal action
   72  under this section does not affect any administrative proceeding
   73  that relates to the suspension of a person’s driving privilege.
   74  The department’s records showing that a person’s license has
   75  been previously suspended for a prior refusal to submit to a
   76  lawful test of his or her breath, urine, or blood shall be
   77  admissible and shall create a rebuttable presumption of such
   78  suspension.
   79         Section 2. This act shall take effect October 1, 2016.