Florida Senate - 2024                                     SB 232
       
       
        
       By Senator Wright
       
       
       
       
       
       8-00132-24                                             2024232__
    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         judge 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 that a person be
    8         told that his or her failure to submit to a lawful
    9         test of breath or urine is a second degree misdemeanor
   10         or a first degree misdemeanor under certain
   11         circumstances; making technical changes; amending s.
   12         316.1939, F.S.; classifying a person’s refusal to
   13         submit to a chemical or physical test of breath or
   14         urine as a second degree misdemeanor or a first degree
   15         misdemeanor under certain circumstances; making
   16         technical changes; creating s. 316.19395, F.S.;
   17         authorizing judicial circuits to create a driving
   18         under the influence diversion program; requiring that
   19         the policies and procedures of the diversion program
   20         be published on the website of the state attorney’s
   21         office; requiring each judicial circuit operating such
   22         a diversion program to submit participant information
   23         for persons who successfully complete the program to
   24         the Department of Highway Safety and Motor Vehicles;
   25         requiring the department to notate successful
   26         completion on the driving record of such participants;
   27         providing that a person who successfully completes
   28         such a diversion program is ineligible for
   29         participation in such a program in the future;
   30         amending s. 316.656, F.S.; prohibiting a court from
   31         suspending, deferring, or withholding adjudication of
   32         guilt or imposition of sentence for a specified
   33         violation; providing an effective date.
   34          
   35  Be It Enacted by the Legislature of the State of Florida:
   36  
   37         Section 1. Subsection (15) is added to section 316.193,
   38  Florida Statutes, to read:
   39         316.193 Driving under the influence; penalties.—
   40         (15)A trial court judge may not accept a plea of guilty or
   41  no contest to a reduced charge, including a charge of reckless
   42  driving brought under s. 316.192, from a person charged with a
   43  violation of subsection (1) unless at least one of the following
   44  applies:
   45         (a)The trial court judge determines that there is a good
   46  faith basis to believe that a reduction in such charge is
   47  warranted.
   48         (b)The defendant successfully completes a driving under
   49  the influence diversion program in accordance with s. 316.19395.
   50         Section 2. Paragraph (a) of subsection (1) of section
   51  316.1932, Florida Statutes, is amended to read:
   52         316.1932 Tests for alcohol, chemical substances, or
   53  controlled substances; implied consent; refusal.—
   54         (1)(a)1.a. A person who accepts the privilege extended by
   55  the laws of this state of operating a motor vehicle within this
   56  state is, by operating such vehicle, deemed to have given his or
   57  her consent to submit to an approved chemical test or physical
   58  test including, but not limited to, an infrared light test of
   59  his or her breath for the purpose of determining the alcoholic
   60  content of his or her blood or breath if the person is lawfully
   61  arrested for any offense allegedly committed while the person
   62  was driving or was in actual physical control of a motor vehicle
   63  while under the influence of alcoholic beverages. The chemical
   64  or physical breath test must be incidental to a lawful arrest
   65  and administered at the request of a law enforcement officer who
   66  has reasonable cause to believe such person was driving or was
   67  in actual physical control of the motor vehicle within this
   68  state while under the influence of alcoholic beverages. The
   69  administration of a breath test does not preclude the
   70  administration of another type of test. The person must shall be
   71  told that his or her failure to submit to any lawful test of his
   72  or her breath will result in the suspension of his or her the
   73  person’s privilege to operate a motor vehicle as provided in s.
   74  322.2615(1)(a) for a period of 1 year for a first refusal, or
   75  for a period of 18 months if the driving privilege of such
   76  person has been previously suspended or if he or she has
   77  previously been fined under s. 327.35215 as a result of a
   78  refusal to submit to a test or tests required under this chapter
   79  or chapter 327, and must shall also be told that if he or she
   80  refuses to submit to a lawful test of his or her breath and his
   81  or her driving privilege has been previously suspended or if he
   82  or she has previously been fined under s. 327.35215 for a prior
   83  refusal to submit to a lawful test of his or her breath, urine,
   84  or blood as required under this chapter or chapter 327, he or
   85  she commits a misdemeanor of the second first degree, punishable
   86  as provided in s. 775.082 or s. 775.083, or a misdemeanor of the
   87  first degree, punishable as provided in s. 775.082 or s.
   88  775.083, if his or her driving privilege has been previously
   89  suspended or if he or she has previously been fined under s.
   90  327.35215 for a prior refusal to submit to a lawful test of his
   91  or her breath, urine, or blood as required under this chapter or
   92  chapter 327, in addition to any other penalties provided by law.
   93  The refusal to submit to a chemical or physical breath test upon
   94  the request of a law enforcement officer as provided in this
   95  section is admissible into evidence in any criminal proceeding.
   96         b. A person who accepts the privilege extended by the laws
   97  of this state of operating a motor vehicle within this state is,
   98  by operating such vehicle, deemed to have given his or her
   99  consent to submit to a urine test for the purpose of detecting
  100  the presence of chemical substances as set forth in s. 877.111
  101  or controlled substances if the person is lawfully arrested for
  102  any offense allegedly committed while the person was driving or
  103  was in actual physical control of a motor vehicle while under
  104  the influence of chemical substances or controlled substances.
  105  The urine test must be incidental to a lawful arrest and
  106  administered at a detention facility or any other facility,
  107  mobile or otherwise, which is equipped to administer such tests
  108  at the request of a law enforcement officer who has reasonable
  109  cause to believe such person was driving or was in actual
  110  physical control of a motor vehicle within this state while
  111  under the influence of chemical substances or controlled
  112  substances. The urine test must shall be administered at a
  113  detention facility or any other facility, mobile or otherwise,
  114  which is equipped to administer such test in a reasonable manner
  115  that will ensure the accuracy of the specimen and maintain the
  116  privacy of the individual involved. The administration of a
  117  urine test does not preclude the administration of another type
  118  of test. The person must shall be told that his or her failure
  119  to submit to any lawful test of his or her urine will result in
  120  the suspension of his or her the person’s privilege to operate a
  121  motor vehicle for a period of 1 year for the first refusal, or
  122  for a period of 18 months if the driving privilege of such
  123  person has been previously suspended or if he or she has
  124  previously been fined under s. 327.35215 as a result of a
  125  refusal to submit to a test or tests required under this chapter
  126  or chapter 327, and must shall also be told that if he or she
  127  refuses to submit to a lawful test of his or her urine and his
  128  or her driving privilege has been previously suspended or if he
  129  or she has previously been fined under s. 327.35215 for a prior
  130  refusal to submit to a lawful test of his or her breath, urine,
  131  or blood as required under this chapter or chapter 327, he or
  132  she commits a misdemeanor of the second first degree, punishable
  133  as provided in s. 775.082 or s. 775.083, or a misdemeanor of the
  134  first degree, punishable as provided in s. 775.082 or s.
  135  775.083, if his or her driving privilege has been previously
  136  suspended or if he or she has previously been fined under s.
  137  327.35215 for a prior refusal to submit to a lawful test of his
  138  or her breath, urine, or blood as required under this chapter or
  139  chapter 327, in addition to any other penalties provided by law.
  140  The refusal to submit to a urine test upon the request of a law
  141  enforcement officer as provided in this section is admissible
  142  into evidence in any criminal proceeding.
  143         2. The Alcohol Testing Program within the Department of Law
  144  Enforcement is responsible for the regulation of the operation,
  145  inspection, and registration of breath test instruments utilized
  146  under the driving and boating under the influence provisions and
  147  related provisions located in this chapter and chapters 322 and
  148  327. The program is responsible for the regulation of the
  149  individuals who operate, inspect, and instruct on the breath
  150  test instruments utilized in the driving and boating under the
  151  influence provisions and related provisions located in this
  152  chapter and chapters 322 and 327. The program is further
  153  responsible for the regulation of blood analysts who conduct
  154  blood testing to be utilized under the driving and boating under
  155  the influence provisions and related provisions located in this
  156  chapter and chapters 322 and 327. The program shall:
  157         a. Establish uniform criteria for the issuance of permits
  158  to breath test operators, agency inspectors, instructors, blood
  159  analysts, and instruments.
  160         b. Have the authority to permit breath test operators,
  161  agency inspectors, instructors, blood analysts, and instruments.
  162         c. Have the authority to discipline and suspend, revoke, or
  163  renew the permits of breath test operators, agency inspectors,
  164  instructors, blood analysts, and instruments.
  165         d. Establish uniform requirements for instruction and
  166  curricula for the operation and inspection of approved
  167  instruments.
  168         e. Have the authority to specify one approved curriculum
  169  for the operation and inspection of approved instruments.
  170         f. Establish a procedure for the approval of breath test
  171  operator and agency inspector classes.
  172         g. Have the authority to approve or disapprove breath test
  173  instruments and accompanying paraphernalia for use pursuant to
  174  the driving and boating under the influence provisions and
  175  related provisions located in this chapter and chapters 322 and
  176  327.
  177         h. With the approval of the executive director of the
  178  Department of Law Enforcement, make and enter into contracts and
  179  agreements with other agencies, organizations, associations,
  180  corporations, individuals, or federal agencies as are necessary,
  181  expedient, or incidental to the performance of duties.
  182         i. Issue final orders which include findings of fact and
  183  conclusions of law and which constitute final agency action for
  184  the purpose of chapter 120.
  185         j. Enforce compliance with this section through civil or
  186  administrative proceedings.
  187         k. Make recommendations concerning any matter within the
  188  purview of this section, this chapter, chapter 322, or chapter
  189  327.
  190         l. Adopt Promulgate rules for the administration and
  191  implementation of this section, including definitions of terms.
  192         m. Consult and cooperate with other entities for the
  193  purpose of implementing the mandates of this section.
  194         n. Have the authority to approve the type of blood test
  195  utilized under the driving and boating under the influence
  196  provisions and related provisions located in this chapter and
  197  chapters 322 and 327.
  198         o. Have the authority to specify techniques and methods for
  199  breath alcohol testing and blood testing utilized under the
  200  driving and boating under the influence provisions and related
  201  provisions located in this chapter and chapters 322 and 327.
  202         p. Have the authority to approve repair facilities for the
  203  approved breath test instruments, including the authority to set
  204  criteria for approval.
  205  
  206  Nothing in this section shall be construed to supersede
  207  provisions in this chapter and chapters 322 and 327. The
  208  specifications in this section are derived from the power and
  209  authority previously and currently possessed by the Department
  210  of Law Enforcement and are enumerated to conform with the
  211  mandates of chapter 99-379, Laws of Florida.
  212         Section 3. Section 316.1939, Florida Statutes, is amended
  213  to read:
  214         316.1939 Refusal to submit to testing; penalties.—
  215         (1) A person who has refused to submit to a chemical or
  216  physical test of his or her breath or urine, as described in s.
  217  316.1932, commits a misdemeanor of the second degree, punishable
  218  as provided in s. 775.082 or s. 775.083, in addition to any
  219  other penalties provided by law, and such person whose driving
  220  privilege was previously suspended or who was previously fined
  221  under s. 327.35215 for a prior refusal to submit to a lawful
  222  test of his or her breath, urine, or blood required under this
  223  chapter or chapter 327 commits a misdemeanor of the first
  224  degree, punishable as provided in s. 775.082 or s. 775.083, in
  225  addition to any other penalties provided by law if all of the
  226  following apply, and:
  227         (a) Who The arresting law enforcement officer had probable
  228  cause to believe that the person was driving or in actual
  229  physical control of a motor vehicle in this state while under
  230  the influence of alcoholic beverages, chemical substances, or
  231  controlled substances.;
  232         (b) The person Who was placed under lawful arrest for a
  233  violation of s. 316.193, unless such test was requested pursuant
  234  to s. 316.1932(1)(c).;
  235         (c) The person Who was informed that, if he or she refused
  236  to submit to such test, his or her privilege to operate a motor
  237  vehicle would be suspended for a period of 1 year or, in the
  238  case of a second or subsequent refusal, for a period of 18
  239  months.;
  240         (d) The person, after having been informed as required in
  241  paragraph (c), still refuses Who was informed that a refusal to
  242  submit to a lawful test of his or her breath or urine as
  243  described in s. 316.1932, if his or her driving privilege has
  244  been previously suspended or if he or she has previously been
  245  fined under s. 327.35215 for a prior refusal to submit to a
  246  lawful test of his or her breath, urine, or blood as required
  247  under this chapter or chapter 327, is a misdemeanor of the first
  248  degree, punishable as provided in s. 775.082 or s. 775.083, in
  249  addition to any other penalties provided by law; and
  250         (e) Who, after having been so informed, refused to submit
  251  to any such test when requested to do so by a law enforcement
  252  officer or correctional officer
  253  
  254  commits a misdemeanor of the first degree and is subject to
  255  punishment as provided in s. 775.082 or s. 775.083.
  256         (2) The disposition of any administrative proceeding that
  257  relates to the suspension of a person’s driving privilege does
  258  not affect a criminal action under this section.
  259         (3) The disposition of a criminal action under this section
  260  does not affect any administrative proceeding that relates to
  261  the suspension of a person’s driving privilege. The department’s
  262  records showing that a person’s license has been previously
  263  suspended for a prior refusal to submit to a lawful test of his
  264  or her breath, urine, or blood are shall be admissible and
  265  create shall create a rebuttable presumption of such suspension.
  266         Section 4. Section 316.19395, Florida Statutes, is created
  267  to read:
  268         316.19395Driving under the influence diversion programs.—
  269         (1) Any judicial circuit may create a driving under the
  270  influence diversion program. A judicial circuit that creates
  271  such a diversion program shall publish the terms and conditions
  272  of the program on the website of the office of the state
  273  attorney for that circuit.
  274         (2) Each judicial circuit that offers a diversion program
  275  under this section shall notify the department of each person
  276  who successfully completes the program. The department shall
  277  notate the successful completion of participation in the
  278  diversion program on the driving record of each such person.
  279         (3) A person who successfully completes such a diversion
  280  program is ineligible for future participation in such a
  281  program.
  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, 2024.