Florida Senate - 2024                              CS for SB 260
       
       
        
       By the Committee on Criminal Justice; and Senators DiCeglie and
       Hooper
       
       
       
       
       591-02394-24                                           2024260c1
    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 that a person arrested for driving or being
    5         in actual physical control of a motor vehicle while
    6         under the influence who refuses to submit to a lawful
    7         test of his or her breath incident to a lawful arrest
    8         be told that he or she is subject to mandatory
    9         placement, for a specified period, of an ignition
   10         interlock device on all vehicles that are individually
   11         or jointly leased or owned and routinely operated by
   12         the person; amending s. 316.1939, F.S.; requiring a
   13         person arrested for driving under the influence who
   14         refuses to submit to a lawful test of his or her
   15         breath to be subject to mandatory placement, for a
   16         specified period, of an ignition interlock device on
   17         all vehicles that are individually or jointly leased
   18         or owned and routinely operated by the person;
   19         authorizing certain placement periods for ignition
   20         interlock devices to run concurrently; requiring
   21         reporting to the Department of Highway Safety and
   22         Motor Vehicles; specifying application of prohibitions
   23         and penalties; conforming provisions to changes made
   24         by the act; amending s. 322.2615, F.S.; requiring that
   25         a notice of suspension contain certain information;
   26         waiving the requirement for the installation of an
   27         ignition interlock device under certain circumstances;
   28         amending s. 322.2616, F.S.; requiring that a notice of
   29         suspension issued to persons younger than a specified
   30         age contain certain information; waiving the
   31         requirement for the installation of an ignition
   32         interlock device under certain circumstances; amending
   33         s. 322.2715, F.S.; directing the department to require
   34         placement of an ignition interlock device before
   35         issuing a permanent or restricted driver license to a
   36         person who refused to submit to a lawful test of his
   37         or her breath; requiring the person to install the
   38         device at his or her own expense for a specified
   39         period; providing an effective date.
   40          
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1.  Paragraph (a) of subsection (1) of section
   44  316.1932, Florida Statutes, is amended to read:
   45         316.1932 Tests for alcohol, chemical substances, or
   46  controlled substances; implied consent; refusal.—
   47         (1)(a)1.a. A person who accepts the privilege extended by
   48  the laws of this state of operating a motor vehicle within this
   49  state is, by operating such vehicle, deemed to have given his or
   50  her consent to submit to an approved chemical test or physical
   51  test including, but not limited to, an infrared light test of
   52  his or her breath for the purpose of determining the alcoholic
   53  content of his or her blood or breath if the person is lawfully
   54  arrested for any offense allegedly committed while the person
   55  was driving or was in actual physical control of a motor vehicle
   56  while under the influence of alcoholic beverages. The chemical
   57  or physical breath test must be incidental to a lawful arrest
   58  and administered at the request of a law enforcement officer who
   59  has reasonable cause to believe such person was driving or was
   60  in actual physical control of the motor vehicle within this
   61  state while under the influence of alcoholic beverages. The
   62  administration of a breath test does not preclude the
   63  administration of another type of test. The person must shall be
   64  told that his or her failure to submit to any lawful test of his
   65  or her breath will, for a first refusal, result in the
   66  suspension of the person’s privilege to operate a motor vehicle
   67  for a period of 1 year, and the person will be subject to
   68  mandatory placement for 1 continuous year, at the person’s own
   69  expense, of an ignition interlock device 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. The person must and shall also be
   81  told that if he or she refuses to submit to a lawful test of his
   82  or her breath and his or her driving privilege has been
   83  previously suspended or if he or she has previously been fined
   84  under s. 327.35215 for a prior refusal to submit to a lawful
   85  test of his or her breath, urine, or blood as required under
   86  this chapter or chapter 327, he or she commits a misdemeanor of
   87  the first degree, punishable as provided in s. 775.082 or s.
   88  775.083, in addition to any other penalties provided by law. The
   89  refusal to submit to a chemical or physical breath test upon the
   90  request of a law enforcement officer as provided in this section
   91  is admissible into evidence in any criminal proceeding.
   92         b. A person who accepts the privilege extended by the laws
   93  of this state of operating a motor vehicle within this state is,
   94  by operating such vehicle, deemed to have given his or her
   95  consent to submit to a urine test for the purpose of detecting
   96  the presence of chemical substances as set forth in s. 877.111
   97  or controlled substances if the person is lawfully arrested for
   98  any offense allegedly committed while the person was driving or
   99  was in actual physical control of a motor vehicle while under
  100  the influence of chemical substances or controlled substances.
  101  The urine test must be incidental to a lawful arrest and
  102  administered at a detention facility or any other facility,
  103  mobile or otherwise, which is equipped to administer such tests
  104  at the request of a law enforcement officer who has reasonable
  105  cause to believe such person was driving or was in actual
  106  physical control of a motor vehicle within this state while
  107  under the influence of chemical substances or controlled
  108  substances. The urine test must shall be administered at a
  109  detention facility or any other facility, mobile or otherwise,
  110  which is equipped to administer such test in a reasonable manner
  111  that will ensure the accuracy of the specimen and maintain the
  112  privacy of the individual involved. The administration of a
  113  urine test does not preclude the administration of another type
  114  of test. The person must shall be told that his or her failure
  115  to submit to any lawful test of his or her urine will result in
  116  the suspension of the person’s privilege to operate a motor
  117  vehicle for a period of 1 year for the first refusal, or for a
  118  period of 18 months if the driving privilege of such person has
  119  been previously suspended or if he or she has previously been
  120  fined under s. 327.35215 as a result of a refusal to submit to a
  121  test or tests required under this chapter or chapter 327, and
  122  must shall also be told that if he or she refuses to submit to a
  123  lawful test of his or her urine and his or her driving privilege
  124  has been previously suspended or if he or she has previously
  125  been fined under s. 327.35215 for a prior refusal to submit to a
  126  lawful test of his or her breath, urine, or blood as required
  127  under this chapter or chapter 327, he or she commits a
  128  misdemeanor of the first degree, punishable as provided in s.
  129  775.082 or s. 775.083, in addition to any other penalties
  130  provided by law. The refusal to submit to a urine test upon the
  131  request of a law enforcement officer as provided in this section
  132  is admissible into evidence in any criminal proceeding.
  133         2. The Alcohol Testing Program within the Department of Law
  134  Enforcement is responsible for the regulation of the operation,
  135  inspection, and registration of breath test instruments used
  136  utilized under the driving and boating under the influence
  137  provisions and related provisions located in this chapter and
  138  chapters 322 and 327. The program is responsible for the
  139  regulation of the individuals who operate, inspect, and instruct
  140  on the breath test instruments used utilized in the driving and
  141  boating under the influence provisions and related provisions
  142  located in this chapter and chapters 322 and 327. The program is
  143  further responsible for the regulation of blood analysts who
  144  conduct blood testing to be used utilized under the driving and
  145  boating under the influence provisions and related provisions
  146  located in this chapter and chapters 322 and 327. The program
  147  must shall:
  148         a. Establish uniform criteria for the issuance of permits
  149  to breath test operators, agency inspectors, instructors, blood
  150  analysts, and instruments.
  151         b. Have the authority to permit breath test operators,
  152  agency inspectors, instructors, blood analysts, and instruments.
  153         c. Have the authority to discipline and suspend, revoke, or
  154  renew the permits of breath test operators, agency inspectors,
  155  instructors, blood analysts, and instruments.
  156         d. Establish uniform requirements for instruction and
  157  curricula for the operation and inspection of approved
  158  instruments.
  159         e. Have the authority to specify one approved curriculum
  160  for the operation and inspection of approved instruments.
  161         f. Establish a procedure for the approval of breath test
  162  operator and agency inspector classes.
  163         g. Have the authority to approve or disapprove breath test
  164  instruments and accompanying paraphernalia for use pursuant to
  165  the driving and boating under the influence provisions and
  166  related provisions located in this chapter and chapters 322 and
  167  327.
  168         h. With the approval of the executive director of the
  169  Department of Law Enforcement, make and enter into contracts and
  170  agreements with other agencies, organizations, associations,
  171  corporations, individuals, or federal agencies as are necessary,
  172  expedient, or incidental to the performance of duties.
  173         i. Issue final orders that which include findings of fact
  174  and conclusions of law and that which constitute final agency
  175  action for the purpose of chapter 120.
  176         j. Enforce compliance with this section through civil or
  177  administrative proceedings.
  178         k. Make recommendations concerning any matter within the
  179  purview of this section, this chapter, chapter 322, or chapter
  180  327.
  181         l. Adopt Promulgate rules for the administration and
  182  implementation of this section, including definitions of terms.
  183         m. Consult and cooperate with other entities for the
  184  purpose of implementing the mandates of this section.
  185         n. Have the authority to approve the type of blood test
  186  used utilized under the driving and boating under the influence
  187  provisions and related provisions located in this chapter and
  188  chapters 322 and 327.
  189         o. Have the authority to specify techniques and methods for
  190  breath alcohol testing and blood testing used utilized under the
  191  driving and boating under the influence provisions and related
  192  provisions located in this chapter and chapters 322 and 327.
  193         p. Have the authority to approve repair facilities for the
  194  approved breath test instruments, including the authority to set
  195  criteria for approval.
  196  
  197  Nothing in This section does not shall be construed to supersede
  198  provisions in this chapter and chapters 322 and 327. The
  199  specifications in this section are derived from the power and
  200  authority previously and currently possessed by the Department
  201  of Law Enforcement and are enumerated to conform with the
  202  mandates of chapter 99-379, Laws of Florida.
  203         Section 2. Section 316.1939, Florida Statutes, is amended
  204  to read:
  205         316.1939 Refusal to submit to testing; penalties.—
  206         (1)(a)A person who refuses to submit to a lawful test of
  207  his or her breath as required under s. 316.1932(1)(a)1.a. is
  208  subject to mandatory placement, at the person’s own expense, of
  209  an ignition interlock device approved by the department in the
  210  same manner as devices approved by the department in accordance
  211  with s. 316.1938 on all vehicles individually or jointly leased
  212  or owned and routinely operated by the person for 1 continuous
  213  year for a first refusal when the person qualifies for
  214  reinstatement of a permanent or restricted driver license. This
  215  subsection applies in addition to any other penalties authorized
  216  by this section. The ignition interlock device placement period
  217  required by this subsection may run concurrently with any other
  218  ignition interlock device placement period required by a court
  219  or the department.
  220         (b)Proof of installation of an ignition interlock device
  221  required by this subsection must be sent to the department, and
  222  verification of the operation of the device in the person’s
  223  vehicle must be periodically reported to the department.
  224         (c)The prohibitions and penalties provided in s.
  225  316.1937(5), (6), and (8) apply to a person whose driving
  226  privilege is restricted pursuant to this subsection and to an
  227  ignition interlock device required by this subsection.
  228         (2)(1) A person who has refused to submit to a chemical or
  229  physical test of his or her breath or urine, as described in s.
  230  316.1932, and whose driving privilege was previously suspended
  231  or who was previously fined under s. 327.35215 for a prior
  232  refusal to submit to a lawful test of his or her breath, urine,
  233  or blood required under this chapter or chapter 327, and:
  234         (a) Who the arresting law enforcement officer had probable
  235  cause to believe was driving or in actual physical control of a
  236  motor vehicle in this state while under the influence of
  237  alcoholic beverages, chemical substances, or controlled
  238  substances;
  239         (b) Who was placed under lawful arrest for a violation of
  240  s. 316.193 unless such test was requested pursuant to s.
  241  316.1932(1)(c);
  242         (c) Who was informed that:,
  243         1.If he or she refused to submit to a lawful test of his
  244  or her breath, his or her privilege to operate a motor vehicle
  245  would be suspended for 1 year for a first refusal and that he or
  246  she would be subject to mandatory placement, at his or her own
  247  expense, of an ignition interlock device approved by the
  248  department in the same manner as devices approved by the
  249  department in accordance with s. 316.1938 for 1 continuous year
  250  for a first refusal on all vehicles that he or she individually
  251  or jointly leases or owns and routinely operates when he or she
  252  qualifies for reinstatement of a permanent or restricted driver
  253  license; or
  254         2. If he or she refused to submit to a lawful such test of
  255  his or her urine, his or her privilege to operate a motor
  256  vehicle would be suspended for a period of 1 year for a first
  257  refusal or, in the case of a second or subsequent refusal, for a
  258  period of 18 months for a second or subsequent refusal;
  259         (d) Who was informed that a refusal to submit to a lawful
  260  test of his or her breath or urine, if his or her driving
  261  privilege has been previously suspended or if he or she has
  262  previously been fined under s. 327.35215 for a prior refusal to
  263  submit to a lawful test of his or her breath, urine, or blood as
  264  required under this chapter or chapter 327, is a misdemeanor of
  265  the first degree, punishable as provided in s. 775.082 or s.
  266  775.083, in addition to any other penalties provided by law; and
  267         (e) Who, after having been so informed, refused to submit
  268  to any such test when requested to do so by a law enforcement
  269  officer or correctional officer
  270  
  271  commits a misdemeanor of the first degree and is subject to
  272  punishment as provided in s. 775.082 or s. 775.083.
  273         (3)(2) The disposition of any administrative proceeding
  274  that relates to the suspension of a person’s driving privilege
  275  does not affect a criminal action under subsection (2) this
  276  section.
  277         (4)(3) The disposition of a criminal action under
  278  subsection (2) this section does not affect any administrative
  279  proceeding that relates to the suspension of a person’s driving
  280  privilege. The department’s records showing that a person’s
  281  license has been previously suspended for a prior refusal to
  282  submit to a lawful test of his or her breath, urine, or blood is
  283  shall be admissible and creates shall create a rebuttable
  284  presumption of such suspension.
  285         Section 3. Present subsections (12) through (16) of section
  286  322.2615, Florida Statutes, are redesignated as subsections (13)
  287  through (17), respectively, subsection (1) of that section is
  288  amended, and a new subsection (12) is added to that section, to
  289  read:
  290         322.2615 Suspension of license; right to review.—
  291         (1)(a) A law enforcement officer or correctional officer
  292  shall, on behalf of the department, suspend the driving
  293  privilege of a person who is driving or in actual physical
  294  control of a motor vehicle and who has an unlawful blood-alcohol
  295  level or breath-alcohol level of 0.08 or higher, or of a person
  296  who has refused to submit to a urine test or a test of his or
  297  her breath-alcohol or blood-alcohol level. The officer shall
  298  take the person’s driver license and issue the person a 10-day
  299  temporary permit if the person is otherwise eligible for the
  300  driving privilege and shall issue the person a notice of
  301  suspension. If a blood test has been administered, the officer
  302  or the agency employing the officer shall transmit such results
  303  to the department within 5 days after receipt of the results. If
  304  the department then determines that the person had a blood
  305  alcohol level or breath-alcohol level of 0.08 or higher, the
  306  department shall suspend the person’s driver license pursuant to
  307  subsection (3).
  308         (b) The suspension under paragraph (a) shall be pursuant
  309  to, and the notice of suspension shall inform the driver of, the
  310  following:
  311         1.a. The driver refused to submit to a lawful breath,
  312  blood, or urine test and his or her driving privilege is
  313  suspended for a period of 1 year for a first refusal or for a
  314  period of 18 months if his or her driving privilege has been
  315  previously suspended as a result of a refusal to submit to such
  316  a test, and he or she is subject to mandatory placement, at his
  317  or her own expense, of an ignition interlock device approved by
  318  the department in the same manner as devices approved by the
  319  department in accordance with s. 316.1938 for 1 continuous year
  320  for a first refusal on all vehicles that he or she individually
  321  or jointly leases or owns and routinely operates when he or she
  322  qualifies for reinstatement of a permanent or restricted driver
  323  license;
  324         b.The driver refused to submit to a lawful blood or urine
  325  test and his or her driving privilege is suspended for 1 year
  326  for a first refusal or for 18 months if his or her driving
  327  privilege has been previously suspended as a result of a refusal
  328  to submit to such a test; or
  329         c.b. The driver was driving or in actual physical control
  330  of a motor vehicle and had an unlawful blood-alcohol level or
  331  breath-alcohol level of 0.08 or higher and his or her driving
  332  privilege is suspended for a period of 6 months for a first
  333  offense or for a period of 1 year if his or her driving
  334  privilege has been previously suspended under this section.
  335         2. The suspension period shall commence on the date of
  336  issuance of the notice of suspension.
  337         3. The driver may request a formal or informal review of
  338  the suspension by the department within 10 days after the date
  339  of issuance of the notice of suspension or may request a review
  340  of eligibility for a restricted driving privilege under s.
  341  322.271(7).
  342         4. The temporary permit issued at the time of suspension
  343  expires at midnight of the 10th day following the date of
  344  issuance of the notice of suspension.
  345         5. The driver may submit to the department any materials
  346  relevant to the suspension.
  347         (12)If a person whose driver license is suspended for
  348  refusal to submit to a lawful breath test has such suspension
  349  invalidated for any reason under this section, the requirement
  350  that he or she install an ignition interlock device for refusal
  351  to submit to a lawful test of his or her breath under s.
  352  316.1939(1) is waived.
  353         Section 4. Present subsections (13) through (19) of section
  354  322.2616, Florida Statutes, are redesignated as subsections (14)
  355  through (20), respectively, subsection (2) of that section is
  356  amended, and a new subsection (13) is added to that section, to
  357  read:
  358         322.2616 Suspension of license; persons under 21 years of
  359  age; right to review.—
  360         (2)(a) A law enforcement officer or correctional officer
  361  shall, on behalf of the department, suspend the driving
  362  privilege of such person if the person has a blood-alcohol or
  363  breath-alcohol level of 0.02 or higher. The officer shall also
  364  suspend, on behalf of the department, the driving privilege of a
  365  person who has refused to submit to a test as provided by
  366  paragraph (b). The officer shall take the person’s driver
  367  license and issue the person a 10-day temporary driving permit
  368  if the person is otherwise eligible for the driving privilege
  369  and shall issue the person a notice of suspension.
  370         (b) The suspension under paragraph (a) must be pursuant to,
  371  and the notice of suspension must inform the driver of, the
  372  following:
  373         1.a. The driver refused to submit to a lawful breath test
  374  and his or her driving privilege is suspended for a period of 1
  375  year for a first refusal or for a period of 18 months if his or
  376  her driving privilege has been previously suspended as provided
  377  in this section as a result of a refusal to submit to a test,
  378  and he or she is subject to mandatory placement, at his or her
  379  own expense, of an ignition interlock device approved by the
  380  department in the same manner as devices approved by the
  381  department in accordance with s. 316.1938 for 1 continuous year
  382  for a first refusal on all vehicles that he or she individually
  383  or jointly leases or owns and routinely operates when he or she
  384  qualifies for reinstatement of a permanent or restricted driver
  385  license; or
  386         b. The driver was under the age of 21 and was driving or in
  387  actual physical control of a motor vehicle while having a blood
  388  alcohol or breath-alcohol level of 0.02 or higher; and the
  389  person’s driving privilege is suspended for a period of 6 months
  390  for a first violation, or for a period of 1 year if his or her
  391  driving privilege has been previously suspended as provided in
  392  this section for driving or being in actual physical control of
  393  a motor vehicle with a blood-alcohol or breath-alcohol level of
  394  0.02 or higher.
  395         2. The suspension period commences on the date of issuance
  396  of the notice of suspension.
  397         3. The driver may request a formal or informal review of
  398  the suspension by the department within 10 days after the
  399  issuance of the notice of suspension.
  400         4. A temporary permit issued at the time of the issuance of
  401  the notice of suspension shall not become effective until after
  402  12 hours have elapsed and will expire at midnight of the 10th
  403  day following the date of issuance.
  404         5. The driver may submit to the department any materials
  405  relevant to the suspension of his or her license.
  406         (c) When a driver subject to this section has a blood
  407  alcohol or breath-alcohol level of 0.05 or higher, the
  408  suspension shall remain in effect until such time as the driver
  409  has completed a substance abuse course offered by a DUI program
  410  licensed by the department. The driver shall assume the
  411  reasonable costs for the substance abuse course. As part of the
  412  substance abuse course, the program shall conduct a substance
  413  abuse evaluation of the driver, and notify the parents or legal
  414  guardians of drivers under the age of 19 years of the results of
  415  the evaluation. The term “substance abuse” means the abuse of
  416  alcohol or any substance named or described in Schedules I
  417  through V of s. 893.03. If a driver fails to complete the
  418  substance abuse education course and evaluation, the driver
  419  license shall not be reinstated by the department.
  420         (d) A minor under the age of 18 years proven to be driving
  421  with a blood-alcohol or breath-alcohol level of 0.02 or higher
  422  may be taken by a law enforcement officer to the addictions
  423  receiving facility in the county in which the minor is found to
  424  be so driving, if the county makes the addictions receiving
  425  facility available for such purpose.
  426         (13)If a person whose driver license is suspended for
  427  refusal to submit to a lawful breath test has such suspension
  428  invalidated for any reason under this section, the requirement
  429  that he or she install an ignition interlock device for refusal
  430  to submit to a lawful test of his or her breath under s.
  431  316.1939(1) is waived.
  432         Section 5. Present subsection (5) of section 322.2715,
  433  Florida Statutes, is redesignated as subsection (6), subsection
  434  (1) of that section is amended, and a new subsection (5) is
  435  added to that section, to read:
  436         322.2715 Ignition interlock device.—
  437         (1) Before issuing a permanent or restricted driver license
  438  under this chapter, the department shall require the placement
  439  of a department-approved ignition interlock device for any
  440  person convicted of committing an offense of driving under the
  441  influence as specified in subsection (3), or for any person who
  442  refused to submit to a lawful test of his or her breath as
  443  specified in subsection (5), except that consideration may be
  444  given to those individuals having a documented medical condition
  445  that would prohibit the device from functioning normally. If a
  446  medical waiver has been granted for a convicted person seeking a
  447  restricted license, the convicted person shall not be entitled
  448  to a restricted license until the required ignition interlock
  449  device installation period under subsection (3) or subsection
  450  (5) expires, in addition to the time requirements under s.
  451  322.271. If a medical waiver has been approved for a convicted
  452  person seeking permanent reinstatement of the driver license,
  453  the convicted person must be restricted to an employment
  454  purposes-only license and be supervised by a licensed DUI
  455  program until the required ignition interlock device
  456  installation period under subsection (3) or subsection (5)
  457  expires. An interlock device shall be placed on all vehicles
  458  that are individually or jointly leased or owned and routinely
  459  operated by the convicted person.
  460         (5)If a person refused to submit to a lawful test of his
  461  or her breath as required by s. 316.1932(1)(a)1.a., he or she
  462  must install, at his or her own expense, an ignition interlock
  463  device on all vehicles individually or jointly leased or owned
  464  and routinely operated by the person for 1 continuous year for a
  465  first refusal upon reinstatement of a permanent or restricted
  466  driver license.
  467         Section 6. This act shall take effect October 1, 2024.