Florida Senate - 2024 SB 260
By Senator DiCeglie
18-00283-24 2024260__
1 A bill to be entitled
2 An act relating to refusal to submit to a breath,
3 urine, or blood test; amending s. 316.1932, F.S.;
4 requiring a person arrested for driving under the
5 influence who refuses to submit to a lawful test of
6 his or her breath to be told that he or she is subject
7 to mandatory placement, at his or her own expense and
8 for a specified period, of an ignition interlock
9 device on all vehicles that are individually or
10 jointly leased or owned and routinely operated by the
11 person; making technical changes; amending s.
12 316.1939, F.S.; requiring a person who refuses to
13 submit to a lawful test of his or her breath to be
14 subject to mandatory placement, at his or her expense
15 and for a specified period, of an ignition interlock
16 device on all vehicles that are individually or
17 jointly leased or owned and routinely operated by the
18 person; providing applicability; conforming provisions
19 to changes made by the act; amending s. 322.2615,
20 F.S.; requiring certain information to be contained in
21 a notice of suspension; decreasing the period during
22 which a person whose driver license is suspended for
23 failure to submit to a breath, urine, or blood test is
24 not eligible to receive a license for business or
25 employment purposes only; waiving the requirement to
26 install an ignition interlock device under certain
27 circumstances; amending s. 322.2616, F.S.; requiring
28 certain information to be contained in a notice of
29 suspension; waiving the requirement to install an
30 ignition interlock device under certain circumstances;
31 amending s. 322.2715, F.S.; directing the Department
32 of Highway Safety and Motor Vehicles to require
33 placement of an ignition interlock device before
34 issuing a permanent or restricted driver license to a
35 person who refused to submit to a lawful test of his
36 or her breath; requiring the person to install the
37 device at his or her own expense for a specified
38 period; providing an effective date.
39
40 Be It Enacted by the Legislature of the State of Florida:
41
42 Section 1. Paragraph (a) of subsection (1) of section
43 316.1932, Florida Statutes, is amended to read:
44 316.1932 Tests for alcohol, chemical substances, or
45 controlled substances; implied consent; refusal.—
46 (1)(a)1.a. A person who accepts the privilege extended by
47 the laws of this state of operating a motor vehicle within this
48 state is, by operating such vehicle, deemed to have given his or
49 her consent to submit to an approved chemical test or physical
50 test including, but not limited to, an infrared light test of
51 his or her breath for the purpose of determining the alcoholic
52 content of his or her blood or breath if the person is lawfully
53 arrested for any offense allegedly committed while the person
54 was driving or was in actual physical control of a motor vehicle
55 while under the influence of alcoholic beverages. The chemical
56 or physical breath test must be incidental to a lawful arrest
57 and administered at the request of a law enforcement officer who
58 has reasonable cause to believe such person was driving or was
59 in actual physical control of the motor vehicle within this
60 state while under the influence of alcoholic beverages. The
61 administration of a breath test does not preclude the
62 administration of another type of test. The person must shall be
63 told that his or her failure to submit to any lawful test of his
64 or her breath will, for a first refusal, result in the
65 suspension of the person’s privilege to operate a motor vehicle
66 for a period of 1 year and the person will be subject to
67 mandatory placement for 1 continuous year, at his or her own
68 expense, of an ignition interlock device approved by the
69 department in accordance with s. 316.1938 on all vehicles that
70 are individually or jointly leased or owned and routinely
71 operated by the person, when the person qualifies for
72 reinstatement of a permanent or restricted driver license. for a
73 first refusal, or for a period of 18 months If the driving
74 privilege of such person has been previously suspended or if he
75 or she has previously been fined under s. 327.35215 as a result
76 of a refusal to submit to a test or tests required under this
77 chapter or chapter 327, the person must be told that his or her
78 failure to submit to any lawful test of his or her breath will
79 result in the suspension of the person’s privilege to operate a
80 motor vehicle for 18 months and the person will be subject to
81 mandatory placement for 18 continuous months, at his or her own
82 expense, of an ignition interlock device approved by the
83 department in accordance with s. 316.1938 on all vehicles that
84 are individually or jointly leased or owned and routinely
85 operated by the person, when the person qualifies for
86 reinstatement of a permanent or restricted driver license. The
87 person must and shall also be told that if he or she refuses to
88 submit to a lawful test of his or her breath and his or her
89 driving privilege has been previously suspended or if he or she
90 has previously been fined under s. 327.35215 for a prior refusal
91 to submit to a lawful test of his or her breath, urine, or blood
92 as required under this chapter or chapter 327, he or she commits
93 a misdemeanor of the first degree, punishable as provided in s.
94 775.082 or s. 775.083, in addition to any other penalties
95 provided by law. The refusal to submit to a chemical or physical
96 breath test upon the request of a law enforcement officer as
97 provided in this section is admissible into evidence in any
98 criminal proceeding.
99 b. A person who accepts the privilege extended by the laws
100 of this state of operating a motor vehicle within this state is,
101 by operating such vehicle, deemed to have given his or her
102 consent to submit to a urine test for the purpose of detecting
103 the presence of chemical substances as set forth in s. 877.111
104 or controlled substances if the person is lawfully arrested for
105 any offense allegedly committed while the person was driving or
106 was in actual physical control of a motor vehicle while under
107 the influence of chemical substances or controlled substances.
108 The urine test must be incidental to a lawful arrest and
109 administered at a detention facility or any other facility,
110 mobile or otherwise, which is equipped to administer such tests
111 at the request of a law enforcement officer who has reasonable
112 cause to believe such person was driving or was in actual
113 physical control of a motor vehicle within this state while
114 under the influence of chemical substances or controlled
115 substances. The urine test must shall be administered at a
116 detention facility or any other facility, mobile or otherwise,
117 which is equipped to administer such test in a reasonable manner
118 that will ensure the accuracy of the specimen and maintain the
119 privacy of the individual involved. The administration of a
120 urine test does not preclude the administration of another type
121 of test. The person must shall be told that his or her failure
122 to submit to any lawful test of his or her urine will result in
123 the suspension of the person’s privilege to operate a motor
124 vehicle for a period of 1 year for the first refusal, or for a
125 period of 18 months if the driving privilege of such person has
126 been previously suspended or if he or she has previously been
127 fined under s. 327.35215 as a result of a refusal to submit to a
128 test or tests required under this chapter or chapter 327, and
129 must shall also be told that if he or she refuses to submit to a
130 lawful test of his or her urine and his or her driving privilege
131 has been previously suspended or if he or she has previously
132 been fined under s. 327.35215 for a prior refusal to submit to a
133 lawful test of his or her breath, urine, or blood as required
134 under this chapter or chapter 327, he or she commits a
135 misdemeanor of the first degree, punishable as provided in s.
136 775.082 or s. 775.083, in addition to any other penalties
137 provided by law. The refusal to submit to a urine test upon the
138 request of a law enforcement officer as provided in this section
139 is admissible into evidence in any criminal proceeding.
140 2. The Alcohol Testing Program within the Department of Law
141 Enforcement is responsible for the regulation of the operation,
142 inspection, and registration of breath test instruments used
143 utilized under the driving and boating under the influence
144 provisions and related provisions located in this chapter and
145 chapters 322 and 327. The program is responsible for the
146 regulation of the individuals who operate, inspect, and instruct
147 on the breath test instruments used utilized in the driving and
148 boating under the influence provisions and related provisions
149 located in this chapter and chapters 322 and 327. The program is
150 further responsible for the regulation of blood analysts who
151 conduct blood testing to be used utilized under the driving and
152 boating under the influence provisions and related provisions
153 located in this chapter and chapters 322 and 327. The program
154 must shall:
155 a. Establish uniform criteria for the issuance of permits
156 to breath test operators, agency inspectors, instructors, blood
157 analysts, and instruments.
158 b. Have the authority to permit breath test operators,
159 agency inspectors, instructors, blood analysts, and instruments.
160 c. Have the authority to discipline and suspend, revoke, or
161 renew the permits of breath test operators, agency inspectors,
162 instructors, blood analysts, and instruments.
163 d. Establish uniform requirements for instruction and
164 curricula for the operation and inspection of approved
165 instruments.
166 e. Have the authority to specify one approved curriculum
167 for the operation and inspection of approved instruments.
168 f. Establish a procedure for the approval of breath test
169 operator and agency inspector classes.
170 g. Have the authority to approve or disapprove breath test
171 instruments and accompanying paraphernalia for use pursuant to
172 the driving and boating under the influence provisions and
173 related provisions located in this chapter and chapters 322 and
174 327.
175 h. With the approval of the executive director of the
176 Department of Law Enforcement, make and enter into contracts and
177 agreements with other agencies, organizations, associations,
178 corporations, individuals, or federal agencies as are necessary,
179 expedient, or incidental to the performance of duties.
180 i. Issue final orders that which include findings of fact
181 and conclusions of law and that which constitute final agency
182 action for the purpose of chapter 120.
183 j. Enforce compliance with this section through civil or
184 administrative proceedings.
185 k. Make recommendations concerning any matter within the
186 purview of this section, this chapter, chapter 322, or chapter
187 327.
188 l. Adopt Promulgate rules for the administration and
189 implementation of this section, including definitions of terms.
190 m. Consult and cooperate with other entities for the
191 purpose of implementing the mandates of this section.
192 n. Have the authority to approve the type of blood test
193 used utilized under the driving and boating under the influence
194 provisions and related provisions located in this chapter and
195 chapters 322 and 327.
196 o. Have the authority to specify techniques and methods for
197 breath alcohol testing and blood testing used utilized under the
198 driving and boating under the influence provisions and related
199 provisions located in this chapter and chapters 322 and 327.
200 p. Have the authority to approve repair facilities for the
201 approved breath test instruments, including the authority to set
202 criteria for approval.
203
204 Nothing in This section does not shall be construed to supersede
205 provisions in this chapter and chapters 322 and 327. The
206 specifications in this section are derived from the power and
207 authority previously and currently possessed by the Department
208 of Law Enforcement and are enumerated to conform with the
209 mandates of chapter 99-379, Laws of Florida.
210 Section 2. Section 316.1939, Florida Statutes, is amended
211 to read:
212 316.1939 Refusal to submit to testing; penalties.—
213 (1) A person who refuses to submit to a lawful test of his
214 or her breath as required under s. 316.1932(1)(a)1.a. is subject
215 to mandatory placement, at his or her own expense, of an
216 ignition interlock device approved by the department in
217 accordance with s. 316.1938 on all vehicles individually or
218 jointly leased or owned and routinely operated by the person,
219 for 1 continuous year for a first refusal, or 18 continuous
220 months for a second or subsequent refusal, when the person
221 qualifies for reinstatement of a permanent or restricted driver
222 license. This subsection applies in addition to any other
223 penalties authorized by this section.
224 (2)(1) A person who has refused to submit to a chemical or
225 physical test of his or her breath or urine, as described in s.
226 316.1932, and whose driving privilege was previously suspended
227 or who was previously fined under s. 327.35215 for a prior
228 refusal to submit to a lawful test of his or her breath, urine,
229 or blood required under this chapter or chapter 327, and:
230 (a) Who the arresting law enforcement officer had probable
231 cause to believe was driving or in actual physical control of a
232 motor vehicle in this state while under the influence of
233 alcoholic beverages, chemical substances, or controlled
234 substances;
235 (b) Who was placed under lawful arrest for a violation of
236 s. 316.193 unless such test was requested pursuant to s.
237 316.1932(1)(c);
238 (c) Who was informed that:,
239 1. If he or she refused to submit to a lawful test of his
240 or her breath, his or her privilege to operate a motor vehicle
241 would be suspended for 1 year for a first refusal or 18 months
242 for a second or subsequent refusal, and that he or she would be
243 subject to mandatory placement, at his or her own expense, of an
244 ignition interlock device approved by the department in
245 accordance with s. 316.1938 for 1 continuous year for a first
246 refusal, or 18 continuous months for a second or subsequent
247 refusal, on all vehicles that he or she individually or jointly
248 leases or owns and routinely operates, when he or she qualifies
249 for reinstatement of a permanent or restricted driver license;
250 or
251 2. If he or she refused to submit to a lawful such test of
252 his or her urine, his or her privilege to operate a motor
253 vehicle would be suspended for a period of 1 year for a first
254 refusal or, in the case of a second or subsequent refusal, for a
255 period of 18 months for a second or subsequent refusal;
256 (d) Who was informed that a refusal to submit to a lawful
257 test of his or her breath or urine, if his or her driving
258 privilege has been previously suspended or if he or she has
259 previously been fined under s. 327.35215 for a prior refusal to
260 submit to a lawful test of his or her breath, urine, or blood as
261 required under this chapter or chapter 327, is a misdemeanor of
262 the first degree, punishable as provided in s. 775.082 or s.
263 775.083, in addition to any other penalties provided by law; and
264 (e) Who, after having been so informed, refused to submit
265 to any such test when requested to do so by a law enforcement
266 officer or correctional officer
267
268 commits a misdemeanor of the first degree and is subject to
269 punishment as provided in s. 775.082 or s. 775.083.
270 (3)(2) The disposition of any administrative proceeding
271 that relates to the suspension of a person’s driving privilege
272 does not affect a criminal action under subsection (2) this
273 section.
274 (4)(3) The disposition of a criminal action under
275 subsection (2) this section does not affect any administrative
276 proceeding that relates to the suspension of a person’s driving
277 privilege. The department’s records showing that a person’s
278 license has been previously suspended for a prior refusal to
279 submit to a lawful test of his or her breath, urine, or blood is
280 shall be admissible and creates shall create a rebuttable
281 presumption of such suspension.
282 Section 3. Present subsections (12) through (16) of section
283 322.2615, Florida Statutes, are redesignated as subsections (13)
284 through (17), respectively, a new subsection (12) is added to
285 that section, and subsection (1) and paragraph (a) of subsection
286 (10) of that section are amended, to read:
287 322.2615 Suspension of license; right to review.—
288 (1)(a) A law enforcement officer or correctional officer
289 shall, on behalf of the department, suspend the driving
290 privilege of a person who is driving or in actual physical
291 control of a motor vehicle and who has an unlawful blood-alcohol
292 level or breath-alcohol level of 0.08 or higher, or of a person
293 who has refused to submit to a urine test or a test of his or
294 her breath-alcohol or blood-alcohol level. The officer shall
295 take the person’s driver license and issue the person a 10-day
296 temporary permit if the person is otherwise eligible for the
297 driving privilege and shall issue the person a notice of
298 suspension. If a blood test has been administered, the officer
299 or the agency employing the officer shall transmit such results
300 to the department within 5 days after receipt of the results. If
301 the department then determines that the person had a blood
302 alcohol level or breath-alcohol level of 0.08 or higher, the
303 department shall suspend the person’s driver license pursuant to
304 subsection (3).
305 (b) The suspension under paragraph (a) must shall be
306 pursuant to, and the notice of suspension shall inform the
307 driver of, the following:
308 1.a. The driver refused to submit to a lawful breath,
309 blood, or urine test and his or her driving privilege is
310 suspended for a period of 1 year for a first refusal or for a
311 period of 18 months if his or her driving privilege has been
312 previously suspended as a result of a refusal to submit to such
313 a test, and he or she is subject to mandatory placement, at his
314 or her own expense, of an ignition interlock device approved by
315 the department in accordance with s. 316.1938 for 1 continuous
316 year for a first refusal, or 18 continuous months for a second
317 or subsequent refusal, on all vehicles that he or she
318 individually or jointly leases or owns and routinely operates,
319 when he or she qualifies for reinstatement of a permanent or
320 restricted driver license;
321 b. The driver refused to submit to a lawful blood or urine
322 test and his or her driving privilege is suspended for 1 year
323 for a first refusal or for 18 months if his or her driving
324 privilege has been previously suspended as a result of a refusal
325 to submit to such a test; or
326 c.b. The driver was driving or in actual physical control
327 of a motor vehicle and had an unlawful blood-alcohol level or
328 breath-alcohol level of 0.08 or higher and his or her driving
329 privilege is suspended for a period of 6 months for a first
330 offense or for a period of 1 year if his or her driving
331 privilege has been previously suspended under this section.
332 2. The suspension period shall commence on the date of
333 issuance of the notice of suspension.
334 3. The driver may request a formal or informal review of
335 the suspension by the department within 10 days after the date
336 of issuance of the notice of suspension or may request a review
337 of eligibility for a restricted driving privilege under s.
338 322.271(7).
339 4. The temporary permit issued at the time of suspension
340 expires at midnight of the 10th day following the date of
341 issuance of the notice of suspension.
342 5. The driver may submit to the department any materials
343 relevant to the suspension.
344 (10) A person whose driver license is suspended under
345 subsection (1) or subsection (3) may apply for issuance of a
346 license for business or employment purposes only if the person
347 is otherwise eligible for the driving privilege pursuant to s.
348 322.271.
349 (a) If the suspension of the driver license of the person
350 for failure to submit to a breath, urine, or blood test is
351 sustained, the person is not eligible to receive a license for
352 business or employment purposes only, pursuant to s. 322.271,
353 until 30 90 days have elapsed after the expiration of the last
354 temporary permit issued. If the driver is not issued a 10-day
355 permit pursuant to this section or s. 322.64 because he or she
356 is ineligible for the permit and the suspension for failure to
357 submit to a breath, urine, or blood test is not invalidated by
358 the department, the driver is not eligible to receive a business
359 or employment license pursuant to s. 322.271 until 30 90 days
360 have elapsed from the date of the suspension.
361 (12) If a person whose driver license is suspended for
362 refusal to submit to a lawful breath test has his or her driver
363 license suspension invalidated for any reason under this
364 section, the requirement under s. 316.1939(1) that he or she
365 install an ignition interlock device for refusal to submit to a
366 lawful test of his or her breath is waived.
367 Section 4. Present subsections (13) through (19) of section
368 322.2616, Florida Statutes, are redesignated as subsections (14)
369 through (20), respectively, a new subsection (13) is added to
370 that section, and subsection (2) of that section is amended, to
371 read:
372 322.2616 Suspension of license; persons under 21 years of
373 age; right to review.—
374 (2)(a) A law enforcement officer or correctional officer
375 shall, on behalf of the department, suspend the driving
376 privilege of such person if the person has a blood-alcohol or
377 breath-alcohol level of 0.02 or higher. The officer shall also
378 suspend, on behalf of the department, the driving privilege of a
379 person who has refused to submit to a test as provided by
380 paragraph (b). The officer shall take the person’s driver
381 license and issue the person a 10-day temporary driving permit
382 if the person is otherwise eligible for the driving privilege
383 and shall issue the person a notice of suspension.
384 (b) The suspension under paragraph (a) must be pursuant to,
385 and the notice of suspension must inform the driver of, the
386 following:
387 1.a. The driver refused to submit to a lawful breath test
388 and his or her driving privilege is suspended for a period of 1
389 year for a first refusal or for a period of 18 months if his or
390 her driving privilege has been previously suspended as provided
391 in this section as a result of a refusal to submit to a test,
392 and he or she is subject to mandatory placement, at his or her
393 own expense, of an ignition interlock device approved by the
394 department in accordance with s. 316.1938 for 1 continuous year
395 for a first refusal, or 18 continuous months for a second or
396 subsequent refusal, on all vehicles that he or she individually
397 or jointly leases or owns and routinely operates, when he or she
398 qualifies for reinstatement of a permanent or restricted driver
399 license; or
400 b. The driver was under the age of 21 and was driving or in
401 actual physical control of a motor vehicle while having a blood
402 alcohol or breath-alcohol level of 0.02 or higher; and the
403 person’s driving privilege is suspended for a period of 6 months
404 for a first violation, or for a period of 1 year if his or her
405 driving privilege has been previously suspended as provided in
406 this section for driving or being in actual physical control of
407 a motor vehicle with a blood-alcohol or breath-alcohol level of
408 0.02 or higher.
409 2. The suspension period commences on the date of issuance
410 of the notice of suspension.
411 3. The driver may request a formal or informal review of
412 the suspension by the department within 10 days after the
413 issuance of the notice of suspension.
414 4. A temporary permit issued at the time of the issuance of
415 the notice of suspension shall not become effective until after
416 12 hours have elapsed and will expire at midnight of the 10th
417 day following the date of issuance.
418 5. The driver may submit to the department any materials
419 relevant to the suspension of his or her license.
420 (c) When a driver subject to this section has a blood
421 alcohol or breath-alcohol level of 0.05 or higher, the
422 suspension shall remain in effect until such time as the driver
423 has completed a substance abuse course offered by a DUI program
424 licensed by the department. The driver shall assume the
425 reasonable costs for the substance abuse course. As part of the
426 substance abuse course, the program shall conduct a substance
427 abuse evaluation of the driver, and notify the parents or legal
428 guardians of drivers under the age of 19 years of the results of
429 the evaluation. The term “substance abuse” means the abuse of
430 alcohol or any substance named or described in Schedules I
431 through V of s. 893.03. If a driver fails to complete the
432 substance abuse education course and evaluation, the driver
433 license shall not be reinstated by the department.
434 (d) A minor under the age of 18 years proven to be driving
435 with a blood-alcohol or breath-alcohol level of 0.02 or higher
436 may be taken by a law enforcement officer to the addictions
437 receiving facility in the county in which the minor is found to
438 be so driving, if the county makes the addictions receiving
439 facility available for such purpose.
440 (13) If a person whose driver license is suspended for
441 refusal to submit to a lawful breath test has his or her driver
442 license suspension invalidated for any reason under this
443 section, the requirement under s. 316.1939(1) that he or she
444 install an ignition interlock device for refusal to submit to a
445 lawful test of his or her breath is waived.
446 Section 5. Present subsection (5) of section 322.2715,
447 Florida Statutes, is redesignated as subsection (6), a new
448 subsection (5) is added to that section, and subsection (1) of
449 that section is amended, to read:
450 322.2715 Ignition interlock device.—
451 (1) Before issuing a permanent or restricted driver license
452 under this chapter, the department shall require the placement
453 of a department-approved ignition interlock device for any
454 person convicted of committing an offense of driving under the
455 influence as specified in subsection (3), or for any person who
456 refused to submit to a lawful test of his or her breath as
457 specified in subsection (5), except that consideration may be
458 given to those individuals having a documented medical condition
459 that would prohibit the device from functioning normally. If a
460 medical waiver has been granted for a convicted person seeking a
461 restricted license, the convicted person shall not be entitled
462 to a restricted license until the required ignition interlock
463 device installation period under subsection (3) or subsection
464 (5) expires, in addition to the time requirements under s.
465 322.271. If a medical waiver has been approved for a convicted
466 person seeking permanent reinstatement of the driver license,
467 the convicted person must be restricted to an employment
468 purposes-only license and be supervised by a licensed DUI
469 program until the required ignition interlock device
470 installation period under subsection (3) or subsection (5)
471 expires. An interlock device shall be placed on all vehicles
472 that are individually or jointly leased or owned and routinely
473 operated by the convicted person.
474 (5) If a person refused to submit to a lawful test of his
475 or her breath as required by s. 316.1932(1)(a)1.a., he or she
476 must install, at his or her own expense, an ignition interlock
477 device on all vehicles individually or jointly leased or owned
478 and routinely operated by the person, for 1 continuous year for
479 a first refusal or for 18 continuous months for a second or
480 subsequent refusal, upon reinstatement of a permanent or
481 restricted driver license.
482 Section 6. This act shall take effect October 1, 2024.