Florida Senate - 2023                              CS for SB 432
       
       
        
       By the Committee on Criminal Justice; and Senator Wright
       
       
       
       
       
       591-03488-23                                           2023432c1
    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         prohibiting a person from completing a subsequent
   30         Driving Under the Influence Diversion Program;
   31         amending s. 316.656, F.S.; prohibiting a court from
   32         suspending, deferring, or withholding adjudication of
   33         guilt or imposition of sentence for a specified
   34         violation; providing an effective date.
   35          
   36  Be It Enacted by the Legislature of the State of Florida:
   37  
   38         Section 1. Subsection (15) is added to section 316.193,
   39  Florida Statutes, to read:
   40         316.193 Driving under the influence; penalties.—
   41         (15)A trial court judge may not accept a plea of guilty or
   42  no contest to a reduced charge, including reckless driving under
   43  s. 316.192, from a person charged with a violation of subsection
   44  (1) unless:
   45         (a)The trial court determines there is a good faith basis
   46  to believe a reduction in such charge is warranted; or
   47         (b)The defendant successfully completes a Driving Under
   48  the Influence Diversion Program in accordance with s. 316.19395.
   49         Section 2. Paragraph (a) of subsection (1) of section
   50  316.1932, Florida Statutes, is amended to read:
   51         316.1932 Tests for alcohol, chemical substances, or
   52  controlled substances; implied consent; refusal.—
   53         (1)(a)1.a. A person who accepts the privilege extended by
   54  the laws of this state of operating a motor vehicle within this
   55  state is, by operating such vehicle, deemed to have given his or
   56  her consent to submit to an approved chemical test or physical
   57  test including, but not limited to, an infrared light test of
   58  his or her breath for the purpose of determining the alcoholic
   59  content of his or her blood or breath if the person is lawfully
   60  arrested for any offense allegedly committed while the person
   61  was driving or was in actual physical control of a motor vehicle
   62  while under the influence of alcoholic beverages. The chemical
   63  or physical breath test must be incidental to a lawful arrest
   64  and administered at the request of a law enforcement officer who
   65  has reasonable cause to believe such person was driving or was
   66  in actual physical control of the motor vehicle within this
   67  state while under the influence of alcoholic beverages. The
   68  administration of a breath test does not preclude the
   69  administration of another type of test. The person must shall be
   70  told that his or her failure to submit to any lawful test of his
   71  or her breath will result in the suspension of his or her
   72  license the person’s privilege to operate a motor vehicle as
   73  provided in s. 322.2615(1)(a) for a period of 1 year for a first
   74  refusal, or for a period of 18 months if the driver license
   75  driving privilege of such person has been previously suspended
   76  or if he or she has previously been fined under s. 327.35215 as
   77  a result of a refusal to submit to a test or tests required
   78  under this chapter or chapter 327, and must shall also be told
   79  that if he or she refuses to submit to a lawful test of his or
   80  her breath and his or her driving privilege has been previously
   81  suspended or if he or she has previously been fined under s.
   82  327.35215 for a prior refusal to submit to a lawful test of his
   83  or her breath, urine, or blood as required under this chapter or
   84  chapter 327, he or she commits a misdemeanor of the second first
   85  degree, punishable as provided in s. 775.082 or s. 775.083, for
   86  a first refusal and a misdemeanor of the first degree,
   87  punishable as provided in s. 775.082 or s. 775.083, for a second
   88  or subsequent refusal, in addition to any other penalties
   89  provided by law. The refusal to submit to a chemical or physical
   90  breath test upon the request of a law enforcement officer as
   91  provided in this section is admissible into evidence in any
   92  criminal proceeding.
   93         b. A person who accepts the privilege extended by the laws
   94  of this state of operating a motor vehicle within this state is,
   95  by operating such vehicle, deemed to have given his or her
   96  consent to submit to a urine test for the purpose of detecting
   97  the presence of chemical substances as set forth in s. 877.111
   98  or controlled substances if the person is lawfully arrested for
   99  any offense allegedly committed while the person was driving or
  100  was in actual physical control of a motor vehicle while under
  101  the influence of chemical substances or controlled substances.
  102  The urine test must be incidental to a lawful arrest and
  103  administered at a detention facility or any other facility,
  104  mobile or otherwise, which is equipped to administer such tests
  105  at the request of a law enforcement officer who has reasonable
  106  cause to believe such person was driving or was in actual
  107  physical control of a motor vehicle within this state while
  108  under the influence of chemical substances or controlled
  109  substances. The urine test must shall be administered at a
  110  detention facility or any other facility, mobile or otherwise,
  111  which is equipped to administer such test in a reasonable manner
  112  that will ensure the accuracy of the specimen and maintain the
  113  privacy of the individual involved. The administration of a
  114  urine test does not preclude the administration of another type
  115  of test. The person must shall be told that his or her failure
  116  to submit to any lawful test of his or her urine will result in
  117  the suspension of his or her license the person’s privilege to
  118  operate a motor vehicle for a period of 1 year for the first
  119  refusal, or for a period of 18 months if the driver license
  120  driving privilege of such person has been previously suspended
  121  or if he or she has previously been fined under s. 327.35215 as
  122  a result of a refusal to submit to a test or tests required
  123  under this chapter or chapter 327, and must shall also be told
  124  that if he or she refuses to submit to a lawful test of his or
  125  her urine and his or her driving privilege has been previously
  126  suspended or if he or she has previously been fined under s.
  127  327.35215 for a prior refusal to submit to a lawful test of his
  128  or her breath, urine, or blood as required under this chapter or
  129  chapter 327, he or she commits a misdemeanor of the first
  130  degree, punishable as provided in s. 775.082 or s. 775.083, in
  131  addition to any other penalties provided by law. The refusal to
  132  submit to a urine test upon the request of a law enforcement
  133  officer as provided in this section is admissible into evidence
  134  in any criminal proceeding.
  135         2. The Alcohol Testing Program within the Department of Law
  136  Enforcement is responsible for the regulation of the operation,
  137  inspection, and registration of breath test instruments utilized
  138  under the driving and boating under the influence provisions and
  139  related provisions located in this chapter and chapters 322 and
  140  327. The program is responsible for the regulation of the
  141  individuals who operate, inspect, and instruct on the breath
  142  test instruments utilized in the driving and boating under the
  143  influence provisions and related provisions located in this
  144  chapter and chapters 322 and 327. The program is further
  145  responsible for the regulation of blood analysts who conduct
  146  blood testing to be utilized under the driving and boating under
  147  the influence provisions and related provisions located in this
  148  chapter and chapters 322 and 327. The program shall:
  149         a. Establish uniform criteria for the issuance of permits
  150  to breath test operators, agency inspectors, instructors, blood
  151  analysts, and instruments.
  152         b. Have the authority to permit breath test operators,
  153  agency inspectors, instructors, blood analysts, and instruments.
  154         c. Have the authority to discipline and suspend, revoke, or
  155  renew the permits of breath test operators, agency inspectors,
  156  instructors, blood analysts, and instruments.
  157         d. Establish uniform requirements for instruction and
  158  curricula for the operation and inspection of approved
  159  instruments.
  160         e. Have the authority to specify one approved curriculum
  161  for the operation and inspection of approved instruments.
  162         f. Establish a procedure for the approval of breath test
  163  operator and agency inspector classes.
  164         g. Have the authority to approve or disapprove breath test
  165  instruments and accompanying paraphernalia for use pursuant to
  166  the driving and boating under the influence provisions and
  167  related provisions located in this chapter and chapters 322 and
  168  327.
  169         h. With the approval of the executive director of the
  170  Department of Law Enforcement, make and enter into contracts and
  171  agreements with other agencies, organizations, associations,
  172  corporations, individuals, or federal agencies as are necessary,
  173  expedient, or incidental to the performance of duties.
  174         i. Issue final orders which include findings of fact and
  175  conclusions of law and which constitute final agency action for
  176  the purpose of chapter 120.
  177         j. Enforce compliance with this section through civil or
  178  administrative proceedings.
  179         k. Make recommendations concerning any matter within the
  180  purview of this section, this chapter, chapter 322, or chapter
  181  327.
  182         l. Adopt Promulgate rules for the administration and
  183  implementation of this section, including definitions of terms.
  184         m. Consult and cooperate with other entities for the
  185  purpose of implementing the mandates of this section.
  186         n. Have the authority to approve the type of blood test
  187  utilized under the driving and boating under the influence
  188  provisions and related provisions located in this chapter and
  189  chapters 322 and 327.
  190         o. Have the authority to specify techniques and methods for
  191  breath alcohol testing and blood testing utilized under the
  192  driving and boating under the influence provisions and related
  193  provisions located in this chapter and chapters 322 and 327.
  194         p. Have the authority to approve repair facilities for the
  195  approved breath test instruments, including the authority to set
  196  criteria for approval.
  197  
  198  Nothing in This paragraph may not section shall be construed to
  199  supersede provisions in this chapter and chapters 322 and 327.
  200  The specifications in this section are derived from the power
  201  and authority previously and currently possessed by the
  202  Department of Law Enforcement and are enumerated to conform with
  203  the mandates of chapter 99-379, Laws of Florida.
  204         Section 3. Section 316.1939, Florida Statutes, is amended
  205  to read:
  206         316.1939 Refusal to submit to testing; penalties.—
  207         (1) A person who has refused to submit to a chemical or
  208  physical test of his or her breath or urine, as described in s.
  209  316.1932, commits a misdemeanor of the second degree, punishable
  210  as provided in s. 775.082 or s. 775.083, in addition to any
  211  other penalties provided by law, if and whose driving privilege
  212  was previously suspended or who was previously fined under s.
  213  327.35215 for a prior refusal to submit to a lawful test of his
  214  or her breath, urine, or blood required under this chapter or
  215  chapter 327, and:
  216         (a) Who The arresting law enforcement officer had probable
  217  cause to believe the person was driving or in actual physical
  218  control of a motor vehicle in this state while under the
  219  influence of alcoholic beverages, chemical substances, or
  220  controlled substances;
  221         (b) The person Who was placed under lawful arrest for a
  222  violation of s. 316.193, unless such test was requested pursuant
  223  to s. 316.1932(1)(c);
  224         (c) The person Who was informed that, if he or she refused
  225  to submit to such test, his or her license privilege to operate
  226  a motor vehicle would be suspended for a period of 1 year or, in
  227  the case of a second or subsequent refusal, for a period of 18
  228  months; and
  229         (d) The person, after having been so informed, still
  230  refuses Who was informed that a refusal to submit to a lawful
  231  test of his or her breath or urine when requested to do so by a
  232  law enforcement or correctional officer.
  233         (2) A second or subsequent refusal to submit to a lawful
  234  test of breath, urine, or blood as specified in subsection (1)
  235  is a misdemeanor of the first degree, punishable as provided in
  236  s. 775.082 or s. 775.083, in addition to any other penalties
  237  provided by law, if his or her driving privilege has been
  238  previously suspended or if he or she has previously been fined
  239  under s. 327.35215 for a prior refusal to submit to a lawful
  240  test of his or her breath, urine, or blood as required under
  241  this chapter or chapter 327, is a misdemeanor of the first
  242  degree, punishable as provided in s. 775.082 or s. 775.083, in
  243  addition to any other penalties provided by law; and
  244         (e) Who, after having been so informed, refused to submit
  245  to any such test when requested to do so by a law enforcement
  246  officer or correctional officer
  247  
  248  commits a misdemeanor of the first degree and is subject to
  249  punishment as provided in s. 775.082 or s. 775.083.
  250         (3)(2) The disposition of any administrative proceeding
  251  that relates to the suspension of a person’s driver license
  252  driving privilege does not affect a criminal action under this
  253  section.
  254         (4)(3) The disposition of a criminal action under this
  255  section does not affect any administrative proceeding that
  256  relates to the suspension of a person’s driver license driving
  257  privilege. The department’s records showing that a person’s
  258  license has been previously suspended for a prior refusal to
  259  submit to a lawful test of his or her breath, urine, or blood is
  260  shall be admissible and creates shall create a rebuttable
  261  presumption of such suspension.
  262         Section 4. Section 316.19395, Florida Statutes, is created
  263  to read:
  264         316.19395 Driving Under the Influence Diversion Programs.—
  265         (1) Any judicial circuit may create a Driving Under the
  266  Influence Diversion Program. A judicial circuit that creates
  267  such a program shall publish the terms and conditions of the
  268  program on the website of the office of the state attorney.
  269         (2) Each judicial circuit operating a Driving Under the
  270  Influence Diversion Program must report to the department
  271  persons who have successfully completed the program. The
  272  department shall notate the successful participation of the
  273  diversion program on the driving record of such persons.
  274         (3) If, after successfully completing a diversion program,
  275  a person is charged with a new driving-under-the-influence
  276  offense, the person may not participate in a subsequent Driving
  277  Under the Influence Diversion Program.
  278         Section 5. Subsection (1) of section 316.656, Florida
  279  Statutes, is amended to read:
  280         316.656 Mandatory adjudication; prohibition against
  281  accepting plea to lesser included offense.—
  282         (1) Notwithstanding the provisions of s. 948.01, a court
  283  may not no court may suspend, defer, or withhold adjudication of
  284  guilt or imposition of sentence for any violation of s. 316.193
  285  or s. 316.1939, for manslaughter resulting from the operation of
  286  a motor vehicle, or for vehicular homicide.
  287         Section 6. This act shall take effect October 1, 2023.