Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 260
       
       
       
       
       
       
                                Ì724064"Î724064                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/23/2024           .                                
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       The Committee on Criminal Justice (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1) of section
    6  316.1932, Florida Statutes, is amended to read:
    7         316.1932 Tests for alcohol, chemical substances, or
    8  controlled substances; implied consent; refusal.—
    9         (1)(a)1.a. A person who accepts the privilege extended by
   10  the laws of this state of operating a motor vehicle within this
   11  state is, by operating such vehicle, deemed to have given his or
   12  her consent to submit to an approved chemical test or physical
   13  test including, but not limited to, an infrared light test of
   14  his or her breath for the purpose of determining the alcoholic
   15  content of his or her blood or breath if the person is lawfully
   16  arrested for any offense allegedly committed while the person
   17  was driving or was in actual physical control of a motor vehicle
   18  while under the influence of alcoholic beverages. The chemical
   19  or physical breath test must be incidental to a lawful arrest
   20  and administered at the request of a law enforcement officer who
   21  has reasonable cause to believe such person was driving or was
   22  in actual physical control of the motor vehicle within this
   23  state while under the influence of alcoholic beverages. The
   24  administration of a breath test does not preclude the
   25  administration of another type of test. The person must shall be
   26  told that his or her failure to submit to any lawful test of his
   27  or her breath will, for a first refusal, result in the
   28  suspension of the person’s privilege to operate a motor vehicle
   29  for a period of 1 year, and the person will be subject to
   30  mandatory placement for 1 continuous year, at the person’s own
   31  expense, of an ignition interlock device on all vehicles that
   32  are individually or jointly leased or owned and routinely
   33  operated by the person when the person qualifies for
   34  reinstatement of a permanent or restricted driver license. for a
   35  first refusal, or for a period of 18 months If the driving
   36  privilege of such person has been previously suspended or if he
   37  or she has previously been fined under s. 327.35215 as a result
   38  of a refusal to submit to a test or tests required under this
   39  chapter or chapter 327, the person must be told that his or her
   40  failure to submit to any lawful test of his or her breath will
   41  result in the suspension of the person’s privilege to operate a
   42  motor vehicle for 18 months. The person must and shall also be
   43  told that if he or she refuses to submit to a lawful test of his
   44  or her breath and his or her driving privilege has been
   45  previously suspended or if he or she has previously been fined
   46  under s. 327.35215 for a prior refusal to submit to a lawful
   47  test of his or her breath, urine, or blood as required under
   48  this chapter or chapter 327, he or she commits a misdemeanor of
   49  the first degree, punishable as provided in s. 775.082 or s.
   50  775.083, in addition to any other penalties provided by law. The
   51  refusal to submit to a chemical or physical breath test upon the
   52  request of a law enforcement officer as provided in this section
   53  is admissible into evidence in any criminal proceeding.
   54         b. A person who accepts the privilege extended by the laws
   55  of this state of operating a motor vehicle within this state is,
   56  by operating such vehicle, deemed to have given his or her
   57  consent to submit to a urine test for the purpose of detecting
   58  the presence of chemical substances as set forth in s. 877.111
   59  or controlled substances if the person is lawfully arrested for
   60  any offense allegedly committed while the person was driving or
   61  was in actual physical control of a motor vehicle while under
   62  the influence of chemical substances or controlled substances.
   63  The urine test must be incidental to a lawful arrest and
   64  administered at a detention facility or any other facility,
   65  mobile or otherwise, which is equipped to administer such tests
   66  at the request of a law enforcement officer who has reasonable
   67  cause to believe such person was driving or was in actual
   68  physical control of a motor vehicle within this state while
   69  under the influence of chemical substances or controlled
   70  substances. The urine test must shall be administered at a
   71  detention facility or any other facility, mobile or otherwise,
   72  which is equipped to administer such test in a reasonable manner
   73  that will ensure the accuracy of the specimen and maintain the
   74  privacy of the individual involved. The administration of a
   75  urine test does not preclude the administration of another type
   76  of test. The person must shall be told that his or her failure
   77  to submit to any lawful test of his or her urine will result in
   78  the suspension of the person’s privilege to operate a motor
   79  vehicle for a period of 1 year for the first refusal, or for a
   80  period of 18 months if the driving privilege of such person has
   81  been previously suspended or if he or she has previously been
   82  fined under s. 327.35215 as a result of a refusal to submit to a
   83  test or tests required under this chapter or chapter 327, and
   84  must shall also be told that if he or she refuses to submit to a
   85  lawful test of his or her urine and his or her driving privilege
   86  has been previously suspended or if he or she has previously
   87  been fined under s. 327.35215 for a prior refusal to submit to a
   88  lawful test of his or her breath, urine, or blood as required
   89  under this chapter or chapter 327, he or she commits a
   90  misdemeanor of the first degree, punishable as provided in s.
   91  775.082 or s. 775.083, in addition to any other penalties
   92  provided by law. The refusal to submit to a urine test upon the
   93  request of a law enforcement officer as provided in this section
   94  is admissible into evidence in any criminal proceeding.
   95         2. The Alcohol Testing Program within the Department of Law
   96  Enforcement is responsible for the regulation of the operation,
   97  inspection, and registration of breath test instruments used
   98  utilized under the driving and boating under the influence
   99  provisions and related provisions located in this chapter and
  100  chapters 322 and 327. The program is responsible for the
  101  regulation of the individuals who operate, inspect, and instruct
  102  on the breath test instruments used utilized in the driving and
  103  boating under the influence provisions and related provisions
  104  located in this chapter and chapters 322 and 327. The program is
  105  further responsible for the regulation of blood analysts who
  106  conduct blood testing to be used utilized under the driving and
  107  boating under the influence provisions and related provisions
  108  located in this chapter and chapters 322 and 327. The program
  109  must shall:
  110         a. Establish uniform criteria for the issuance of permits
  111  to breath test operators, agency inspectors, instructors, blood
  112  analysts, and instruments.
  113         b. Have the authority to permit breath test operators,
  114  agency inspectors, instructors, blood analysts, and instruments.
  115         c. Have the authority to discipline and suspend, revoke, or
  116  renew the permits of breath test operators, agency inspectors,
  117  instructors, blood analysts, and instruments.
  118         d. Establish uniform requirements for instruction and
  119  curricula for the operation and inspection of approved
  120  instruments.
  121         e. Have the authority to specify one approved curriculum
  122  for the operation and inspection of approved instruments.
  123         f. Establish a procedure for the approval of breath test
  124  operator and agency inspector classes.
  125         g. Have the authority to approve or disapprove breath test
  126  instruments and accompanying paraphernalia for use pursuant to
  127  the driving and boating under the influence provisions and
  128  related provisions located in this chapter and chapters 322 and
  129  327.
  130         h. With the approval of the executive director of the
  131  Department of Law Enforcement, make and enter into contracts and
  132  agreements with other agencies, organizations, associations,
  133  corporations, individuals, or federal agencies as are necessary,
  134  expedient, or incidental to the performance of duties.
  135         i. Issue final orders that which include findings of fact
  136  and conclusions of law and that which constitute final agency
  137  action for the purpose of chapter 120.
  138         j. Enforce compliance with this section through civil or
  139  administrative proceedings.
  140         k. Make recommendations concerning any matter within the
  141  purview of this section, this chapter, chapter 322, or chapter
  142  327.
  143         l. Adopt Promulgate rules for the administration and
  144  implementation of this section, including definitions of terms.
  145         m. Consult and cooperate with other entities for the
  146  purpose of implementing the mandates of this section.
  147         n. Have the authority to approve the type of blood test
  148  used utilized under the driving and boating under the influence
  149  provisions and related provisions located in this chapter and
  150  chapters 322 and 327.
  151         o. Have the authority to specify techniques and methods for
  152  breath alcohol testing and blood testing used utilized under the
  153  driving and boating under the influence provisions and related
  154  provisions located in this chapter and chapters 322 and 327.
  155         p. Have the authority to approve repair facilities for the
  156  approved breath test instruments, including the authority to set
  157  criteria for approval.
  158  
  159  Nothing in This section does not shall be construed to supersede
  160  provisions in this chapter and chapters 322 and 327. The
  161  specifications in this section are derived from the power and
  162  authority previously and currently possessed by the Department
  163  of Law Enforcement and are enumerated to conform with the
  164  mandates of chapter 99-379, Laws of Florida.
  165         Section 2. Section 316.1939, Florida Statutes, is amended
  166  to read:
  167         316.1939 Refusal to submit to testing; penalties.—
  168         (1)(a)A person who refuses to submit to a lawful test of
  169  his or her breath as required under s. 316.1932(1)(a)1.a. is
  170  subject to mandatory placement, at the person’s own expense, of
  171  an ignition interlock device approved by the department in the
  172  same manner as devices approved by the department in accordance
  173  with s. 316.1938 on all vehicles individually or jointly leased
  174  or owned and routinely operated by the person for 1 continuous
  175  year for a first refusal when the person qualifies for
  176  reinstatement of a permanent or restricted driver license. This
  177  subsection applies in addition to any other penalties authorized
  178  by this section. The ignition interlock device placement period
  179  required by this subsection may run concurrently with any other
  180  ignition interlock device placement period required by a court
  181  or the department.
  182         (b)Proof of installation of an ignition interlock device
  183  required by this subsection must be sent to the department, and
  184  verification of the operation of the device in the person’s
  185  vehicle must be periodically reported to the department.
  186         (c)The prohibitions and penalties provided in s.
  187  316.1937(5), (6), and (8) apply to a person whose driving
  188  privilege is restricted pursuant to this subsection and to an
  189  ignition interlock device required by this subsection.
  190         (2)(1) A person who has refused to submit to a chemical or
  191  physical test of his or her breath or urine, as described in s.
  192  316.1932, and whose driving privilege was previously suspended
  193  or who was previously fined under s. 327.35215 for a prior
  194  refusal to submit to a lawful test of his or her breath, urine,
  195  or blood required under this chapter or chapter 327, and:
  196         (a) Who the arresting law enforcement officer had probable
  197  cause to believe was driving or in actual physical control of a
  198  motor vehicle in this state while under the influence of
  199  alcoholic beverages, chemical substances, or controlled
  200  substances;
  201         (b) Who was placed under lawful arrest for a violation of
  202  s. 316.193 unless such test was requested pursuant to s.
  203  316.1932(1)(c);
  204         (c) Who was informed that:,
  205         1.If he or she refused to submit to a lawful test of his
  206  or her breath, his or her privilege to operate a motor vehicle
  207  would be suspended for 1 year for a first refusal and that he or
  208  she would be subject to mandatory placement, at his or her own
  209  expense, of an ignition interlock device approved by the
  210  department in the same manner as devices approved by the
  211  department in accordance with s. 316.1938 for 1 continuous year
  212  for a first refusal on all vehicles that he or she individually
  213  or jointly leases or owns and routinely operates when he or she
  214  qualifies for reinstatement of a permanent or restricted driver
  215  license; or
  216         2. If he or she refused to submit to a lawful such test of
  217  his or her urine, his or her privilege to operate a motor
  218  vehicle would be suspended for a period of 1 year for a first
  219  refusal or, in the case of a second or subsequent refusal, for a
  220  period of 18 months for a second or subsequent refusal;
  221         (d) Who was informed that a refusal to submit to a lawful
  222  test of his or her breath or urine, if his or her driving
  223  privilege has been previously suspended or if he or she has
  224  previously been fined under s. 327.35215 for a prior refusal to
  225  submit to a lawful test of his or her breath, urine, or blood as
  226  required under this chapter or chapter 327, is a misdemeanor of
  227  the first degree, punishable as provided in s. 775.082 or s.
  228  775.083, in addition to any other penalties provided by law; and
  229         (e) Who, after having been so informed, refused to submit
  230  to any such test when requested to do so by a law enforcement
  231  officer or correctional officer
  232  
  233  commits a misdemeanor of the first degree and is subject to
  234  punishment as provided in s. 775.082 or s. 775.083.
  235         (3)(2) The disposition of any administrative proceeding
  236  that relates to the suspension of a person’s driving privilege
  237  does not affect a criminal action under subsection (2) this
  238  section.
  239         (4)(3) The disposition of a criminal action under
  240  subsection (2) this section does not affect any administrative
  241  proceeding that relates to the suspension of a person’s driving
  242  privilege. The department’s records showing that a person’s
  243  license has been previously suspended for a prior refusal to
  244  submit to a lawful test of his or her breath, urine, or blood is
  245  shall be admissible and creates shall create a rebuttable
  246  presumption of such suspension.
  247         Section 3. Present subsections (12) through (16) of section
  248  322.2615, Florida Statutes, are redesignated as subsections (13)
  249  through (17), respectively, subsection (1) of that section is
  250  amended, and a new subsection (12) is added to that section, to
  251  read:
  252         322.2615 Suspension of license; right to review.—
  253         (1)(a) A law enforcement officer or correctional officer
  254  shall, on behalf of the department, suspend the driving
  255  privilege of a person who is driving or in actual physical
  256  control of a motor vehicle and who has an unlawful blood-alcohol
  257  level or breath-alcohol level of 0.08 or higher, or of a person
  258  who has refused to submit to a urine test or a test of his or
  259  her breath-alcohol or blood-alcohol level. The officer shall
  260  take the person’s driver license and issue the person a 10-day
  261  temporary permit if the person is otherwise eligible for the
  262  driving privilege and shall issue the person a notice of
  263  suspension. If a blood test has been administered, the officer
  264  or the agency employing the officer shall transmit such results
  265  to the department within 5 days after receipt of the results. If
  266  the department then determines that the person had a blood
  267  alcohol level or breath-alcohol level of 0.08 or higher, the
  268  department shall suspend the person’s driver license pursuant to
  269  subsection (3).
  270         (b) The suspension under paragraph (a) shall be pursuant
  271  to, and the notice of suspension shall inform the driver of, the
  272  following:
  273         1.a. The driver refused to submit to a lawful breath,
  274  blood, or urine test and his or her driving privilege is
  275  suspended for a period of 1 year for a first refusal or for a
  276  period of 18 months if his or her driving privilege has been
  277  previously suspended as a result of a refusal to submit to such
  278  a test, and he or she is subject to mandatory placement, at his
  279  or her own expense, of an ignition interlock device approved by
  280  the department in the same manner as devices approved by the
  281  department in accordance with s. 316.1938 for 1 continuous year
  282  for a first refusal on all vehicles that he or she individually
  283  or jointly leases or owns and routinely operates when he or she
  284  qualifies for reinstatement of a permanent or restricted driver
  285  license;
  286         b.The driver refused to submit to a lawful blood or urine
  287  test and his or her driving privilege is suspended for 1 year
  288  for a first refusal or for 18 months if his or her driving
  289  privilege has been previously suspended as a result of a refusal
  290  to submit to such a test; or
  291         c.b. The driver was driving or in actual physical control
  292  of a motor vehicle and had an unlawful blood-alcohol level or
  293  breath-alcohol level of 0.08 or higher and his or her driving
  294  privilege is suspended for a period of 6 months for a first
  295  offense or for a period of 1 year if his or her driving
  296  privilege has been previously suspended under this section.
  297         2. The suspension period shall commence on the date of
  298  issuance of the notice of suspension.
  299         3. The driver may request a formal or informal review of
  300  the suspension by the department within 10 days after the date
  301  of issuance of the notice of suspension or may request a review
  302  of eligibility for a restricted driving privilege under s.
  303  322.271(7).
  304         4. The temporary permit issued at the time of suspension
  305  expires at midnight of the 10th day following the date of
  306  issuance of the notice of suspension.
  307         5. The driver may submit to the department any materials
  308  relevant to the suspension.
  309         (12)If a person whose driver license is suspended for
  310  refusal to submit to a lawful breath test has such suspension
  311  invalidated for any reason under this section, the requirement
  312  that he or she install an ignition interlock device for refusal
  313  to submit to a lawful test of his or her breath under s.
  314  316.1939(1) is waived.
  315         Section 4. Present subsections (13) through (19) of section
  316  322.2616, Florida Statutes, are redesignated as subsections (14)
  317  through (20), respectively, subsection (2) of that section is
  318  amended, and a new subsection (13) is added to that section, to
  319  read:
  320         322.2616 Suspension of license; persons under 21 years of
  321  age; right to review.—
  322         (2)(a) A law enforcement officer or correctional officer
  323  shall, on behalf of the department, suspend the driving
  324  privilege of such person if the person has a blood-alcohol or
  325  breath-alcohol level of 0.02 or higher. The officer shall also
  326  suspend, on behalf of the department, the driving privilege of a
  327  person who has refused to submit to a test as provided by
  328  paragraph (b). The officer shall take the person’s driver
  329  license and issue the person a 10-day temporary driving permit
  330  if the person is otherwise eligible for the driving privilege
  331  and shall issue the person a notice of suspension.
  332         (b) The suspension under paragraph (a) must be pursuant to,
  333  and the notice of suspension must inform the driver of, the
  334  following:
  335         1.a. The driver refused to submit to a lawful breath test
  336  and his or her driving privilege is suspended for a period of 1
  337  year for a first refusal or for a period of 18 months if his or
  338  her driving privilege has been previously suspended as provided
  339  in this section as a result of a refusal to submit to a test,
  340  and he or she is subject to mandatory placement, at his or her
  341  own expense, of an ignition interlock device approved by the
  342  department in the same manner as devices approved by the
  343  department in accordance with s. 316.1938 for 1 continuous year
  344  for a first refusal on all vehicles that he or she individually
  345  or jointly leases or owns and routinely operates when he or she
  346  qualifies for reinstatement of a permanent or restricted driver
  347  license; or
  348         b. The driver was under the age of 21 and was driving or in
  349  actual physical control of a motor vehicle while having a blood
  350  alcohol or breath-alcohol level of 0.02 or higher; and the
  351  person’s driving privilege is suspended for a period of 6 months
  352  for a first violation, or for a period of 1 year if his or her
  353  driving privilege has been previously suspended as provided in
  354  this section for driving or being in actual physical control of
  355  a motor vehicle with a blood-alcohol or breath-alcohol level of
  356  0.02 or higher.
  357         2. The suspension period commences on the date of issuance
  358  of the notice of suspension.
  359         3. The driver may request a formal or informal review of
  360  the suspension by the department within 10 days after the
  361  issuance of the notice of suspension.
  362         4. A temporary permit issued at the time of the issuance of
  363  the notice of suspension shall not become effective until after
  364  12 hours have elapsed and will expire at midnight of the 10th
  365  day following the date of issuance.
  366         5. The driver may submit to the department any materials
  367  relevant to the suspension of his or her license.
  368         (c) When a driver subject to this section has a blood
  369  alcohol or breath-alcohol level of 0.05 or higher, the
  370  suspension shall remain in effect until such time as the driver
  371  has completed a substance abuse course offered by a DUI program
  372  licensed by the department. The driver shall assume the
  373  reasonable costs for the substance abuse course. As part of the
  374  substance abuse course, the program shall conduct a substance
  375  abuse evaluation of the driver, and notify the parents or legal
  376  guardians of drivers under the age of 19 years of the results of
  377  the evaluation. The term “substance abuse” means the abuse of
  378  alcohol or any substance named or described in Schedules I
  379  through V of s. 893.03. If a driver fails to complete the
  380  substance abuse education course and evaluation, the driver
  381  license shall not be reinstated by the department.
  382         (d) A minor under the age of 18 years proven to be driving
  383  with a blood-alcohol or breath-alcohol level of 0.02 or higher
  384  may be taken by a law enforcement officer to the addictions
  385  receiving facility in the county in which the minor is found to
  386  be so driving, if the county makes the addictions receiving
  387  facility available for such purpose.
  388         (13)If a person whose driver license is suspended for
  389  refusal to submit to a lawful breath test has such suspension
  390  invalidated for any reason under this section, the requirement
  391  that he or she install an ignition interlock device for refusal
  392  to submit to a lawful test of his or her breath under s.
  393  316.1939(1) is waived.
  394         Section 5. Present subsection (5) of section 322.2715,
  395  Florida Statutes, is redesignated as subsection (6), subsection
  396  (1) of that section is amended, and a new subsection (5) is
  397  added to that section, to read:
  398         322.2715 Ignition interlock device.—
  399         (1) Before issuing a permanent or restricted driver license
  400  under this chapter, the department shall require the placement
  401  of a department-approved ignition interlock device for any
  402  person convicted of committing an offense of driving under the
  403  influence as specified in subsection (3), or for any person who
  404  refused to submit to a lawful test of his or her breath as
  405  specified in subsection (5), except that consideration may be
  406  given to those individuals having a documented medical condition
  407  that would prohibit the device from functioning normally. If a
  408  medical waiver has been granted for a convicted person seeking a
  409  restricted license, the convicted person shall not be entitled
  410  to a restricted license until the required ignition interlock
  411  device installation period under subsection (3) or subsection
  412  (5) expires, in addition to the time requirements under s.
  413  322.271. If a medical waiver has been approved for a convicted
  414  person seeking permanent reinstatement of the driver license,
  415  the convicted person must be restricted to an employment
  416  purposes-only license and be supervised by a licensed DUI
  417  program until the required ignition interlock device
  418  installation period under subsection (3) or subsection (5)
  419  expires. An interlock device shall be placed on all vehicles
  420  that are individually or jointly leased or owned and routinely
  421  operated by the convicted person.
  422         (5)If a person refused to submit to a lawful test of his
  423  or her breath as required by s. 316.1932(1)(a)1.a., he or she
  424  must install, at his or her own expense, an ignition interlock
  425  device on all vehicles individually or jointly leased or owned
  426  and routinely operated by the person for 1 continuous year for a
  427  first refusal upon reinstatement of a permanent or restricted
  428  driver license.
  429         Section 6. This act shall take effect October 1, 2024.
  430  
  431  ================= T I T L E  A M E N D M E N T ================
  432  And the title is amended as follows:
  433         Delete everything before the enacting clause
  434  and insert:
  435                        A bill to be entitled                      
  436         An act relating to refusal to submit to a breath,
  437         urine, or blood test; amending s. 316.1932, F.S.;
  438         requiring a person arrested for driving under the
  439         influence who refuses to submit to a lawful test of
  440         his or her breath to be told that he or she is subject
  441         to mandatory placement, for a specified period, of an
  442         ignition interlock device on all vehicles that are
  443         individually or jointly leased or owned and routinely
  444         operated by the person; amending s. 316.1939, F.S.;
  445         requiring a person arrested for driving under the
  446         influence who refuses to submit to a lawful test of
  447         his or her breath to be subject to mandatory
  448         placement, for a specified period, of an ignition
  449         interlock device on all vehicles that are individually
  450         or jointly leased or owned and routinely operated by
  451         the person; authorizing certain placement periods for
  452         ignition interlock devices to run concurrently;
  453         requiring reporting to the Department of Highway
  454         Safety and Motor Vehicles; specifying application of
  455         prohibitions and penalties; conforming provisions to
  456         changes made by the act; amending s. 322.2615, F.S.;
  457         requiring certain information to be contained in a
  458         notice of suspension; waiving the requirement to
  459         install an ignition interlock device under certain
  460         circumstances; amending s. 322.2616, F.S.; requiring
  461         certain information to be contained in a notice of
  462         suspension; waiving the requirement to install an
  463         ignition interlock device under certain circumstances;
  464         amending s. 322.2715, F.S.; directing the department
  465         to require placement of an ignition interlock device
  466         before issuing a permanent or restricted driver
  467         license to a person who refused to submit to a lawful
  468         test of his or her breath; requiring the person to
  469         install the device at his or her own expense for a
  470         specified period; providing an effective date.