Florida Senate - 2023 COMMITTEE AMENDMENT
Bill No. SB 296
Ì3060583Î306058
LEGISLATIVE ACTION
Senate . House
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The Committee on Transportation (DiCeglie) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 42 - 252
4 and insert:
5 or her breath will, for a first refusal, result in the
6 suspension of the person’s privilege to operate a motor vehicle
7 for a period of 1 year and mandatory continuous placement for 1
8 year, at the person’s expense, of an ignition interlock device
9 approved by the department in accordance with s. 316.1938 on all
10 vehicles individually or jointly leased or owned and routinely
11 operated by the person as provided in s. 316.1939(1). for a
12 first refusal, or for a period of 18 months If the driving
13 privilege of such person has been previously suspended or if he
14 or she has previously been fined under s. 327.35215 as a result
15 of a refusal to submit to a test or tests required under this
16 chapter or chapter 327, the person must be told that his or her
17 failure to submit to any lawful test of his or her breath will
18 result in the suspension of the person’s privilege to operate a
19 motor vehicle for 18 months and mandatory continuous placement
20 for 18 months, at the person’s expense, of an ignition interlock
21 device approved by the department in accordance with s. 316.1938
22 on all vehicles that are individually or jointly leased or owned
23 and routinely operated by the person as provided in s.
24 316.1939(1). The person must and shall also be told that if he
25 or she refuses to submit to a lawful test of his or her breath
26 and his or her driving privilege has been previously suspended
27 or if he or she has previously been fined under s. 327.35215 for
28 a prior refusal to submit to a lawful test of his or her breath,
29 urine, or blood as required under this chapter or chapter 327,
30 he or she commits a misdemeanor of the first degree, punishable
31 as provided in s. 775.082 or s. 775.083, in addition to any
32 other penalties provided by law. The refusal to submit to a
33 chemical or physical breath test upon the request of a law
34 enforcement officer as provided in this section is admissible
35 into evidence in any criminal proceeding.
36 b. A person who accepts the privilege extended by the laws
37 of this state of operating a motor vehicle within this state is,
38 by operating such vehicle, deemed to have given his or her
39 consent to submit to a urine test for the purpose of detecting
40 the presence of chemical substances as set forth in s. 877.111
41 or controlled substances if the person is lawfully arrested for
42 any offense allegedly committed while the person was driving or
43 was in actual physical control of a motor vehicle while under
44 the influence of chemical substances or controlled substances.
45 The urine test must be incidental to a lawful arrest and
46 administered at a detention facility or any other facility,
47 mobile or otherwise, which is equipped to administer such tests
48 at the request of a law enforcement officer who has reasonable
49 cause to believe such person was driving or was in actual
50 physical control of a motor vehicle within this state while
51 under the influence of chemical substances or controlled
52 substances. The urine test must shall be administered at a
53 detention facility or any other facility, mobile or otherwise,
54 which is equipped to administer such test in a reasonable manner
55 that will ensure the accuracy of the specimen and maintain the
56 privacy of the individual involved. The administration of a
57 urine test does not preclude the administration of another type
58 of test. The person must shall be told that his or her failure
59 to submit to any lawful test of his or her urine will result in
60 the suspension of the person’s privilege to operate a motor
61 vehicle for a period of 1 year for the first refusal, or for a
62 period of 18 months if the driving privilege of such person has
63 been previously suspended or if he or she has previously been
64 fined under s. 327.35215 as a result of a refusal to submit to a
65 test or tests required under this chapter or chapter 327, and
66 must shall also be told that if he or she refuses to submit to a
67 lawful test of his or her urine and his or her driving privilege
68 has been previously suspended or if he or she has previously
69 been fined under s. 327.35215 for a prior refusal to submit to a
70 lawful test of his or her breath, urine, or blood as required
71 under this chapter or chapter 327, he or she commits a
72 misdemeanor of the first degree, punishable as provided in s.
73 775.082 or s. 775.083, in addition to any other penalties
74 provided by law. The refusal to submit to a urine test upon the
75 request of a law enforcement officer as provided in this section
76 is admissible into evidence in any criminal proceeding.
77 2. The Alcohol Testing Program within the Department of Law
78 Enforcement is responsible for the regulation of the operation,
79 inspection, and registration of breath test instruments used
80 utilized under the driving and boating under the influence
81 provisions and related provisions located in this chapter and
82 chapters 322 and 327. The program is responsible for the
83 regulation of the individuals who operate, inspect, and instruct
84 on the breath test instruments used utilized in the driving and
85 boating under the influence provisions and related provisions
86 located in this chapter and chapters 322 and 327. The program is
87 further responsible for the regulation of blood analysts who
88 conduct blood testing to be used utilized under the driving and
89 boating under the influence provisions and related provisions
90 located in this chapter and chapters 322 and 327. The program
91 must shall:
92 a. Establish uniform criteria for the issuance of permits
93 to breath test operators, agency inspectors, instructors, blood
94 analysts, and instruments.
95 b. Have the authority to permit breath test operators,
96 agency inspectors, instructors, blood analysts, and instruments.
97 c. Have the authority to discipline and suspend, revoke, or
98 renew the permits of breath test operators, agency inspectors,
99 instructors, blood analysts, and instruments.
100 d. Establish uniform requirements for instruction and
101 curricula for the operation and inspection of approved
102 instruments.
103 e. Have the authority to specify one approved curriculum
104 for the operation and inspection of approved instruments.
105 f. Establish a procedure for the approval of breath test
106 operator and agency inspector classes.
107 g. Have the authority to approve or disapprove breath test
108 instruments and accompanying paraphernalia for use pursuant to
109 the driving and boating under the influence provisions and
110 related provisions located in this chapter and chapters 322 and
111 327.
112 h. With the approval of the executive director of the
113 Department of Law Enforcement, make and enter into contracts and
114 agreements with other agencies, organizations, associations,
115 corporations, individuals, or federal agencies as are necessary,
116 expedient, or incidental to the performance of duties.
117 i. Issue final orders that which include findings of fact
118 and conclusions of law and that which constitute final agency
119 action for the purpose of chapter 120.
120 j. Enforce compliance with this section through civil or
121 administrative proceedings.
122 k. Make recommendations concerning any matter within the
123 purview of this section, this chapter, chapter 322, or chapter
124 327.
125 l. Adopt Promulgate rules for the administration and
126 implementation of this section, including definitions of terms.
127 m. Consult and cooperate with other entities for the
128 purpose of implementing the mandates of this section.
129 n. Have the authority to approve the type of blood test
130 used utilized under the driving and boating under the influence
131 provisions and related provisions located in this chapter and
132 chapters 322 and 327.
133 o. Have the authority to specify techniques and methods for
134 breath alcohol testing and blood testing used utilized under the
135 driving and boating under the influence provisions and related
136 provisions located in this chapter and chapters 322 and 327.
137 p. Have the authority to approve repair facilities for the
138 approved breath test instruments, including the authority to set
139 criteria for approval.
140
141 Nothing in This section does not shall be construed to supersede
142 provisions in this chapter and chapters 322 and 327. The
143 specifications in this section are derived from the power and
144 authority previously and currently possessed by the Department
145 of Law Enforcement and are enumerated to conform with the
146 mandates of chapter 99-379, Laws of Florida.
147 Section 2. Section 316.1939, Florida Statutes, is amended
148 to read:
149 316.1939 Refusal to submit to testing; penalties.—
150 (1) If a person has refused to submit to a lawful test of
151 his or her breath as required under s. 316.1932(1)(a)1.a., he or
152 she must install, at his or her expense, an ignition interlock
153 device on all vehicles individually or jointly leased or owned
154 and routinely operated by him or her for 1 continuous year for a
155 first refusal or 18 continuous months for a second or subsequent
156 refusal as provided in s. 322.2615(1)(a).
157 (2) A person who has refused to submit to a chemical or
158 physical test of his or her breath or urine, as described in s.
159 316.1932, and whose driving privilege was previously suspended
160 or who was previously fined under s. 327.35215 for a prior
161 refusal to submit to a lawful test of his or her breath, urine,
162 or blood required under this chapter or chapter 327, and:
163 (a) Who the arresting law enforcement officer had probable
164 cause to believe was driving or in actual physical control of a
165 motor vehicle in this state while under the influence of
166 alcoholic beverages, chemical substances, or controlled
167 substances;
168 (b) Who was placed under lawful arrest for a violation of
169 s. 316.193 unless such test was requested pursuant to s.
170 316.1932(1)(c);
171 (c) Who was informed that:,
172 1. If he or she refused to submit to a lawful test of his
173 or her breath, his or her privilege to operate a motor vehicle
174 would be suspended for 1 year for a first refusal or 18 months
175 for a second or subsequent refusal, and that he or she would be
176 subject to mandatory continuous placement of an ignition
177 interlock device for 1 year for a first refusal or 18 months for
178 a second or subsequent refusal, at his or her expense, on all
179 vehicles that he or she individually or jointly leases or owns
180 and routinely operates; or
181 2. If he or she refused to submit to a lawful such test of
182 his or her urine, his or her privilege to operate a motor
183 vehicle would be suspended for a period of 1 year for a first
184 refusal or, in the case of a second or subsequent refusal, for a
185 period of 18 months for a second or subsequent refusal;
186 (d) Who was informed that a refusal to submit to a lawful
187 test of his or her breath or urine, if his or her driving
188 privilege has been previously suspended or if he or she has
189 previously been fined under s. 327.35215 for a prior refusal to
190 submit to a lawful test of his or her breath, urine, or blood as
191 required under this chapter or chapter 327, is a misdemeanor of
192 the first degree, punishable as provided in s. 775.082 or s.
193 775.083, in addition to any other penalties provided by law; and
194 (e) Who, after having been so informed, refused to submit
195 to any such test when requested to do so by a law enforcement
196 officer or correctional officer
197
198 commits a misdemeanor of the first degree and is subject to
199 punishment as provided in s. 775.082 or s. 775.083.
200 (3)(2) The disposition of any administrative proceeding
201 that relates to the suspension of a person’s driving privilege
202 does not affect a criminal action under this section.
203 (4)(3) The disposition of a criminal action under this
204 section does not affect any administrative proceeding that
205 relates to the suspension of a person’s driving privilege. The
206 department’s records showing that a person’s license has been
207 previously suspended for a prior refusal to submit to a lawful
208 test of his or her breath, urine, or blood is shall be
209 admissible and creates shall create a rebuttable presumption of
210 such suspension.
211 Section 3. Paragraph (a) of subsection (10) of section
212 322.2615 is amended, to read:
213 322.2615 Suspension of license; right to review.—
214 (10) A person whose driver license is suspended under
215 subsection (1) or subsection (3) may apply for issuance of a
216 license for business or employment purposes only if the person
217 is otherwise eligible for the driving privilege pursuant to s.
218 322.271.
219 (a) If the suspension of the driver license of the person
220 for failure to submit to a breath, urine, or blood test is
221 sustained, the person is not eligible to receive a license for
222 business or employment purposes only, pursuant to s. 322.271,
223 until 30 90 days have elapsed after the expiration of the last
224 temporary permit issued. If the driver is not issued a 10-day
225 permit pursuant to this section or s. 322.64 because he or she
226 is ineligible for the permit and the suspension for failure to
227 submit to a breath, urine, or blood test is not invalidated by
228 the department, the driver is not eligible to receive a business
229 or employment license pursuant to s. 322.271 until 30 90 days
230 have elapsed from the date of the suspension.
231 Section 4. Present subsections (4) and (5) of section
232 322.2715, Florida Statutes, are redesignated as subsections (5)
233 and (6), respectively, and a new subsection (4) is added to that
234 section, to read:
235 322.2715 Ignition interlock device.—
236 (4) If a driver refuses to take a lawful test of his or her
237 breath as required by s. 316.1932, he or she must install an
238 ignition interlock device on all vehicles individually or
239 jointly leased or owned and routinely operated by him or her for
240 1 continuous year for a first refusal or for 18 continuous
241 months for a second or subsequent refusal upon reinstatement of
242 a permanent or restricted license.
243 Section 4. This act shall take effect January 1, 2024.
244
245 ================= T I T L E A M E N D M E N T ================
246 And the title is amended as follows:
247 Delete lines 15 - 16
248 and insert:
249 provision to changes made by the act; amending s.
250 322.2615, F.S.; decreasing the timeframe during which
251 a person whose license is suspended for failure to
252 submit to a breath, urine, or blood test is not
253 eligible to receive a license for business or
254 employment purposes only; amending s. 322.2715, F.S.;
255 requiring a driver who refuses to take a lawful test
256 of his or her breath to install an ignition interlock
257 device, upon a reinstatement of certain licenses and
258 for a specified time, on vehicles he or she leases or
259 owns and routinely operates; providing an effective
260 date.