Florida Senate - 2023                              CS for SB 296
       
       
        
       By the Committee on Transportation; and Senator DiCeglie
       
       
       
       
       
       596-02090-23                                           2023296c1
    1                        A bill to be entitled                      
    2         An act relating to a lawful breath test for alcohol;
    3         amending s. 316.1932, F.S.; requiring that a person
    4         arrested for driving under the influence who refuses
    5         to submit to a lawful test of his or her breath be
    6         told that he or she is subject to mandatory placement,
    7         for a specified period of time and at his or her
    8         expense, of an ignition interlock device on vehicles
    9         he or she leases or owns and routinely operates;
   10         amending s. 316.1939, F.S.; requiring that a person
   11         arrested for driving under the influence who refuses
   12         to submit to a lawful test of his or her breath
   13         install an ignition interlock device, at his or her
   14         expense, for a specified period of time; conforming a
   15         provision to changes made by the act; amending s.
   16         322.2615, F.S.; decreasing the timeframe during which
   17         a person whose license is suspended for failure to
   18         submit to a breath, urine, or blood test is not
   19         eligible to receive a license for business or
   20         employment purposes only; amending s. 322.2715, F.S.;
   21         requiring a driver who refuses to take a lawful test
   22         of his or her breath to install an ignition interlock
   23         device, upon a reinstatement of certain licenses and
   24         for a specified time, on vehicles he or she leases or
   25         owns and routinely operates; providing an effective
   26         date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraph (a) of subsection (1) of section
   31  316.1932, Florida Statutes, is amended to read:
   32         316.1932 Tests for alcohol, chemical substances, or
   33  controlled substances; implied consent; refusal.—
   34         (1)(a)1.a. A person who accepts the privilege extended by
   35  the laws of this state of operating a motor vehicle within this
   36  state is, by operating such vehicle, deemed to have given his or
   37  her consent to submit to an approved chemical test or physical
   38  test including, but not limited to, an infrared light test of
   39  his or her breath for the purpose of determining the alcoholic
   40  content of his or her blood or breath if the person is lawfully
   41  arrested for any offense allegedly committed while the person
   42  was driving or was in actual physical control of a motor vehicle
   43  while under the influence of alcoholic beverages. The chemical
   44  or physical breath test must be incidental to a lawful arrest
   45  and administered at the request of a law enforcement officer who
   46  has reasonable cause to believe such person was driving or was
   47  in actual physical control of the motor vehicle within this
   48  state while under the influence of alcoholic beverages. The
   49  administration of a breath test does not preclude the
   50  administration of another type of test. The person must shall be
   51  told that his or her failure to submit to any lawful test of his
   52  or her breath will, for a first refusal, result in the
   53  suspension of the person’s privilege to operate a motor vehicle
   54  for a period of 1 year and mandatory continuous placement for 1
   55  year, at the person’s expense, of an ignition interlock device
   56  approved by the department in accordance with s. 316.1938 on all
   57  vehicles individually or jointly leased or owned and routinely
   58  operated by the person as provided in s. 316.1939(1). for a
   59  first refusal, or for a period of 18 months If the driving
   60  privilege of such person has been previously suspended or if he
   61  or she has previously been fined under s. 327.35215 as a result
   62  of a refusal to submit to a test or tests required under this
   63  chapter or chapter 327, the person must be told that his or her
   64  failure to submit to any lawful test of his or her breath will
   65  result in the suspension of the person’s privilege to operate a
   66  motor vehicle for 18 months and mandatory continuous placement
   67  for 18 months, at the person’s expense, of an ignition interlock
   68  device approved by the department in accordance with s. 316.1938
   69  on all vehicles that are individually or jointly leased or owned
   70  and routinely operated by the person as provided in s.
   71  316.1939(1). The person must and shall also be told that if he
   72  or she refuses to submit to a lawful test of his or her breath
   73  and his or her driving privilege has been previously suspended
   74  or if he or she has previously been fined under s. 327.35215 for
   75  a prior refusal to submit to a lawful test of his or her breath,
   76  urine, or blood as required under this chapter or chapter 327,
   77  he or she commits a misdemeanor of the first degree, punishable
   78  as provided in s. 775.082 or s. 775.083, in addition to any
   79  other penalties provided by law. The refusal to submit to a
   80  chemical or physical breath test upon the request of a law
   81  enforcement officer as provided in this section is admissible
   82  into evidence in any criminal proceeding.
   83         b. A person who accepts the privilege extended by the laws
   84  of this state of operating a motor vehicle within this state is,
   85  by operating such vehicle, deemed to have given his or her
   86  consent to submit to a urine test for the purpose of detecting
   87  the presence of chemical substances as set forth in s. 877.111
   88  or controlled substances if the person is lawfully arrested for
   89  any offense allegedly committed while the person was driving or
   90  was in actual physical control of a motor vehicle while under
   91  the influence of chemical substances or controlled substances.
   92  The urine test must be incidental to a lawful arrest and
   93  administered at a detention facility or any other facility,
   94  mobile or otherwise, which is equipped to administer such tests
   95  at the request of a law enforcement officer who has reasonable
   96  cause to believe such person was driving or was in actual
   97  physical control of a motor vehicle within this state while
   98  under the influence of chemical substances or controlled
   99  substances. The urine test must shall be administered at a
  100  detention facility or any other facility, mobile or otherwise,
  101  which is equipped to administer such test in a reasonable manner
  102  that will ensure the accuracy of the specimen and maintain the
  103  privacy of the individual involved. The administration of a
  104  urine test does not preclude the administration of another type
  105  of test. The person must shall be told that his or her failure
  106  to submit to any lawful test of his or her urine will result in
  107  the suspension of the person’s privilege to operate a motor
  108  vehicle for a period of 1 year for the first refusal, or for a
  109  period of 18 months if the driving privilege of such person has
  110  been previously suspended or if he or she has previously been
  111  fined under s. 327.35215 as a result of a refusal to submit to a
  112  test or tests required under this chapter or chapter 327, and
  113  must shall also be told that if he or she refuses to submit to a
  114  lawful test of his or her urine and his or her driving privilege
  115  has been previously suspended or if he or she has previously
  116  been fined under s. 327.35215 for a prior refusal to submit to a
  117  lawful test of his or her breath, urine, or blood as required
  118  under this chapter or chapter 327, he or she commits a
  119  misdemeanor of the first degree, punishable as provided in s.
  120  775.082 or s. 775.083, in addition to any other penalties
  121  provided by law. The refusal to submit to a urine test upon the
  122  request of a law enforcement officer as provided in this section
  123  is admissible into evidence in any criminal proceeding.
  124         2. The Alcohol Testing Program within the Department of Law
  125  Enforcement is responsible for the regulation of the operation,
  126  inspection, and registration of breath test instruments used
  127  utilized under the driving and boating under the influence
  128  provisions and related provisions located in this chapter and
  129  chapters 322 and 327. The program is responsible for the
  130  regulation of the individuals who operate, inspect, and instruct
  131  on the breath test instruments used utilized in the driving and
  132  boating under the influence provisions and related provisions
  133  located in this chapter and chapters 322 and 327. The program is
  134  further responsible for the regulation of blood analysts who
  135  conduct blood testing to be used utilized under the driving and
  136  boating under the influence provisions and related provisions
  137  located in this chapter and chapters 322 and 327. The program
  138  must shall:
  139         a. Establish uniform criteria for the issuance of permits
  140  to breath test operators, agency inspectors, instructors, blood
  141  analysts, and instruments.
  142         b. Have the authority to permit breath test operators,
  143  agency inspectors, instructors, blood analysts, and instruments.
  144         c. Have the authority to discipline and suspend, revoke, or
  145  renew the permits of breath test operators, agency inspectors,
  146  instructors, blood analysts, and instruments.
  147         d. Establish uniform requirements for instruction and
  148  curricula for the operation and inspection of approved
  149  instruments.
  150         e. Have the authority to specify one approved curriculum
  151  for the operation and inspection of approved instruments.
  152         f. Establish a procedure for the approval of breath test
  153  operator and agency inspector classes.
  154         g. Have the authority to approve or disapprove breath test
  155  instruments and accompanying paraphernalia for use pursuant to
  156  the driving and boating under the influence provisions and
  157  related provisions located in this chapter and chapters 322 and
  158  327.
  159         h. With the approval of the executive director of the
  160  Department of Law Enforcement, make and enter into contracts and
  161  agreements with other agencies, organizations, associations,
  162  corporations, individuals, or federal agencies as are necessary,
  163  expedient, or incidental to the performance of duties.
  164         i. Issue final orders that which include findings of fact
  165  and conclusions of law and that which constitute final agency
  166  action for the purpose of chapter 120.
  167         j. Enforce compliance with this section through civil or
  168  administrative proceedings.
  169         k. Make recommendations concerning any matter within the
  170  purview of this section, this chapter, chapter 322, or chapter
  171  327.
  172         l. Adopt Promulgate rules for the administration and
  173  implementation of this section, including definitions of terms.
  174         m. Consult and cooperate with other entities for the
  175  purpose of implementing the mandates of this section.
  176         n. Have the authority to approve the type of blood test
  177  used utilized under the driving and boating under the influence
  178  provisions and related provisions located in this chapter and
  179  chapters 322 and 327.
  180         o. Have the authority to specify techniques and methods for
  181  breath alcohol testing and blood testing used utilized under the
  182  driving and boating under the influence provisions and related
  183  provisions located in this chapter and chapters 322 and 327.
  184         p. Have the authority to approve repair facilities for the
  185  approved breath test instruments, including the authority to set
  186  criteria for approval.
  187  
  188  Nothing in This section does not shall be construed to supersede
  189  provisions in this chapter and chapters 322 and 327. The
  190  specifications in this section are derived from the power and
  191  authority previously and currently possessed by the Department
  192  of Law Enforcement and are enumerated to conform with the
  193  mandates of chapter 99-379, Laws of Florida.
  194         Section 2. Section 316.1939, Florida Statutes, is amended
  195  to read:
  196         316.1939 Refusal to submit to testing; penalties.—
  197         (1) If a person has refused to submit to a lawful test of
  198  his or her breath as required under s. 316.1932(1)(a)1.a., he or
  199  she must install, at his or her expense, an ignition interlock
  200  device on all vehicles individually or jointly leased or owned
  201  and routinely operated by him or her for 1 continuous year for a
  202  first refusal or 18 continuous months for a second or subsequent
  203  refusal as provided in s. 322.2615(1)(a).
  204         (2) A person who has refused to submit to a chemical or
  205  physical test of his or her breath or urine, as described in s.
  206  316.1932, and whose driving privilege was previously suspended
  207  or who was previously fined under s. 327.35215 for a prior
  208  refusal to submit to a lawful test of his or her breath, urine,
  209  or blood required under this chapter or chapter 327, and:
  210         (a) Who the arresting law enforcement officer had probable
  211  cause to believe was driving or in actual physical control of a
  212  motor vehicle in this state while under the influence of
  213  alcoholic beverages, chemical substances, or controlled
  214  substances;
  215         (b) Who was placed under lawful arrest for a violation of
  216  s. 316.193 unless such test was requested pursuant to s.
  217  316.1932(1)(c);
  218         (c) Who was informed that:,
  219         1. If he or she refused to submit to a lawful test of his
  220  or her breath, his or her privilege to operate a motor vehicle
  221  would be suspended for 1 year for a first refusal or 18 months
  222  for a second or subsequent refusal, and that he or she would be
  223  subject to mandatory continuous placement of an ignition
  224  interlock device for 1 year for a first refusal or 18 months for
  225  a second or subsequent refusal, at his or her expense, on all
  226  vehicles that he or she individually or jointly leases or owns
  227  and routinely operates; or
  228         2. If he or she refused to submit to a lawful such test of
  229  his or her urine, his or her privilege to operate a motor
  230  vehicle would be suspended for a period of 1 year for a first
  231  refusal or, in the case of a second or subsequent refusal, for a
  232  period of 18 months for a second or subsequent refusal;
  233         (d) Who was informed that a refusal to submit to a lawful
  234  test of his or her breath or urine, if his or her driving
  235  privilege has been previously suspended or if he or she has
  236  previously been fined under s. 327.35215 for a prior refusal to
  237  submit to a lawful test of his or her breath, urine, or blood as
  238  required under this chapter or chapter 327, is a misdemeanor of
  239  the first degree, punishable as provided in s. 775.082 or s.
  240  775.083, in addition to any other penalties provided by law; and
  241         (e) Who, after having been so informed, refused to submit
  242  to any such test when requested to do so by a law enforcement
  243  officer or correctional officer
  244  
  245  commits a misdemeanor of the first degree and is subject to
  246  punishment as provided in s. 775.082 or s. 775.083.
  247         (3)(2) The disposition of any administrative proceeding
  248  that relates to the suspension of a person’s driving privilege
  249  does not affect a criminal action under this section.
  250         (4)(3) The disposition of a criminal action under this
  251  section does not affect any administrative proceeding that
  252  relates to the suspension of a person’s driving privilege. The
  253  department’s records showing that a person’s license has been
  254  previously suspended for a prior refusal to submit to a lawful
  255  test of his or her breath, urine, or blood is shall be
  256  admissible and creates shall create a rebuttable presumption of
  257  such suspension.
  258         Section 3. Paragraph (a) of subsection (10) of section
  259  322.2615, Florida Statutes, is amended to read:
  260         322.2615 Suspension of license; right to review.—
  261         (10) A person whose driver license is suspended under
  262  subsection (1) or subsection (3) may apply for issuance of a
  263  license for business or employment purposes only if the person
  264  is otherwise eligible for the driving privilege pursuant to s.
  265  322.271.
  266         (a) If the suspension of the driver license of the person
  267  for failure to submit to a breath, urine, or blood test is
  268  sustained, the person is not eligible to receive a license for
  269  business or employment purposes only, pursuant to s. 322.271,
  270  until 30 90 days have elapsed after the expiration of the last
  271  temporary permit issued. If the driver is not issued a 10-day
  272  permit pursuant to this section or s. 322.64 because he or she
  273  is ineligible for the permit and the suspension for failure to
  274  submit to a breath, urine, or blood test is not invalidated by
  275  the department, the driver is not eligible to receive a business
  276  or employment license pursuant to s. 322.271 until 30 90 days
  277  have elapsed from the date of the suspension.
  278         Section 4. Present subsections (4) and (5) of section
  279  322.2715, Florida Statutes, are redesignated as subsections (5)
  280  and (6), respectively, and a new subsection (4) is added to that
  281  section, to read:
  282         322.2715 Ignition interlock device.—
  283         (4) If a driver refuses to take a lawful test of his or her
  284  breath as required by s. 316.1932, he or she must install an
  285  ignition interlock device on all vehicles individually or
  286  jointly leased or owned and routinely operated by him or her for
  287  1 continuous year for a first refusal or for 18 continuous
  288  months for a second or subsequent refusal upon reinstatement of
  289  a permanent or restricted license.
  290         Section 5. This act shall take effect January 1, 2024.