CS for SB 260                                    First Engrossed
       
       
       
       
       
       
       
       
       2024260e1
       
    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 incidental to a lawful
    8         arrest be told that he or she is subject, for a first
    9         refusal, to the suspension of the privilege to operate
   10         a motor vehicle unless the person agrees to the
   11         placement for a specified timeframe, at the person’s
   12         own expense, of an ignition interlock device on all
   13         vehicles that are individually or jointly leased or
   14         owned and routinely operated by the person for 1
   15         continuous year; amending s. 316.1939, F.S.; requiring
   16         that a person arrested for driving under the influence
   17         who refuses to submit to a lawful test of his or her
   18         breath be subject, for a first refusal, to the
   19         suspension of the privilege to operate a motor vehicle
   20         for a specified period unless the person agrees to the
   21         placement for a specified timeframe, at the person’s
   22         own expense, of an ignition interlock device on all
   23         vehicles that are individually or jointly leased or
   24         owned and routinely operated by the person for 1
   25         continuous year when the person qualifies for
   26         reinstatement of a permanent or restricted driver
   27         license; providing applicability; authorizing certain
   28         placement periods for ignition interlock devices to
   29         run concurrently; requiring reporting to the
   30         Department of Highway Safety and Motor Vehicles;
   31         specifying application of prohibitions and penalties;
   32         requiring the department to annually post on its
   33         website certain information; conforming provisions to
   34         changes made by the act; amending s. 322.2615, F.S.;
   35         requiring that a notice of suspension contain certain
   36         information; prohibiting eligibility to receive a
   37         license until certain actions are performed; providing
   38         construction; amending s. 322.2616, F.S.; requiring
   39         that a notice of suspension issued to persons younger
   40         than a specified age contain certain information;
   41         requiring that a certain notice of suspension include
   42         certain information; revising the scope of a formal
   43         review hearing; revising the requirements for issuance
   44         of a license after the last temporary driving permit
   45         was issued; requiring the department to terminate the
   46         suspension effective on the date of ignition interlock
   47         device placement on such vehicles; amending s.
   48         322.2715, F.S.; directing the department to require
   49         placement of an ignition interlock device before
   50         issuing a permanent or restricted driver license to a
   51         person who refused to submit to a lawful test of his
   52         or her breath; requiring the person to install the
   53         device at his or her own expense for a specified
   54         period; providing an effective date.
   55          
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. Paragraph (a) of subsection (1) of section
   59  316.1932, Florida Statutes, is amended to read:
   60         316.1932 Tests for alcohol, chemical substances, or
   61  controlled substances; implied consent; refusal.—
   62         (1)(a)1.a. A person who accepts the privilege extended by
   63  the laws of this state of operating a motor vehicle within this
   64  state is, by operating such vehicle, deemed to have given his or
   65  her consent to submit to an approved chemical test or physical
   66  test including, but not limited to, an infrared light test of
   67  his or her breath for the purpose of determining the alcoholic
   68  content of his or her blood or breath if the person is lawfully
   69  arrested for any offense allegedly committed while the person
   70  was driving or was in actual physical control of a motor vehicle
   71  while under the influence of alcoholic beverages. The chemical
   72  or physical breath test must be incidental to a lawful arrest
   73  and administered at the request of a law enforcement officer who
   74  has reasonable cause to believe such person was driving or was
   75  in actual physical control of the motor vehicle within this
   76  state while under the influence of alcoholic beverages. The
   77  administration of a breath test does not preclude the
   78  administration of another type of test. The person must shall be
   79  told that his or her failure to submit to any lawful test of his
   80  or her breath will, for a first refusal, result in the
   81  suspension of the person’s privilege to operate a motor vehicle
   82  for a period of 1 year, unless, instead of such suspension, the
   83  person agrees to placement for 1 continuous year, at the
   84  person’s own expense, of a department-approved ignition
   85  interlock device on all vehicles that are individually or
   86  jointly leased or owned and routinely operated by the person.
   87  for a first refusal, or for a period of 18 months If the driving
   88  privilege of such person has been previously suspended or if he
   89  or she has previously been fined under s. 327.35215 as a result
   90  of a refusal to submit to a test or tests required under this
   91  chapter or chapter 327, the person must be told that his or her
   92  failure to submit to any lawful test of his or her breath will
   93  result in the suspension of the person’s privilege to operate a
   94  motor vehicle for 18 months. The person must and shall also be
   95  told that if he or she refuses to submit to a lawful test of his
   96  or her breath and his or her driving privilege has been
   97  previously suspended or if he or she has previously been fined
   98  under s. 327.35215 for a prior refusal to submit to a lawful
   99  test of his or her breath, urine, or blood as required under
  100  this chapter or chapter 327, he or she commits a misdemeanor of
  101  the first degree, punishable as provided in s. 775.082 or s.
  102  775.083, in addition to any other penalties provided by law. The
  103  refusal to submit to a chemical or physical breath test upon the
  104  request of a law enforcement officer as provided in this section
  105  is admissible into evidence in any criminal proceeding.
  106         b. A person who accepts the privilege extended by the laws
  107  of this state of operating a motor vehicle within this state is,
  108  by operating such vehicle, deemed to have given his or her
  109  consent to submit to a urine test for the purpose of detecting
  110  the presence of chemical substances as set forth in s. 877.111
  111  or controlled substances if the person is lawfully arrested for
  112  any offense allegedly committed while the person was driving or
  113  was in actual physical control of a motor vehicle while under
  114  the influence of chemical substances or controlled substances.
  115  The urine test must be incidental to a lawful arrest and
  116  administered at a detention facility or any other facility,
  117  mobile or otherwise, which is equipped to administer such tests
  118  at the request of a law enforcement officer who has reasonable
  119  cause to believe such person was driving or was in actual
  120  physical control of a motor vehicle within this state while
  121  under the influence of chemical substances or controlled
  122  substances. The urine test must shall be administered at a
  123  detention facility or any other facility, mobile or otherwise,
  124  which is equipped to administer such test in a reasonable manner
  125  that will ensure the accuracy of the specimen and maintain the
  126  privacy of the individual involved. The administration of a
  127  urine test does not preclude the administration of another type
  128  of test. The person must shall be told that his or her failure
  129  to submit to any lawful test of his or her urine will result in
  130  the suspension of the person’s privilege to operate a motor
  131  vehicle for a period of 1 year for the first refusal, or for a
  132  period of 18 months if the driving privilege of such person has
  133  been previously suspended or if he or she has previously been
  134  fined under s. 327.35215 as a result of a refusal to submit to a
  135  test or tests required under this chapter or chapter 327, and
  136  must shall also be told that if he or she refuses to submit to a
  137  lawful test of his or her urine and his or her driving privilege
  138  has been previously suspended or if he or she has previously
  139  been fined under s. 327.35215 for a prior refusal to submit to a
  140  lawful test of his or her breath, urine, or blood as required
  141  under this chapter or chapter 327, he or she commits a
  142  misdemeanor of the first degree, punishable as provided in s.
  143  775.082 or s. 775.083, in addition to any other penalties
  144  provided by law. The refusal to submit to a urine test upon the
  145  request of a law enforcement officer as provided in this section
  146  is admissible into evidence in any criminal proceeding.
  147         2. The Alcohol Testing Program within the Department of Law
  148  Enforcement is responsible for the regulation of the operation,
  149  inspection, and registration of breath test instruments used
  150  utilized under the driving and boating under the influence
  151  provisions and related provisions located in this chapter and
  152  chapters 322 and 327. The program is responsible for the
  153  regulation of the individuals who operate, inspect, and instruct
  154  on the breath test instruments used utilized in the driving and
  155  boating under the influence provisions and related provisions
  156  located in this chapter and chapters 322 and 327. The program is
  157  further responsible for the regulation of blood analysts who
  158  conduct blood testing to be used utilized under the driving and
  159  boating under the influence provisions and related provisions
  160  located in this chapter and chapters 322 and 327. The program
  161  must shall:
  162         a. Establish uniform criteria for the issuance of permits
  163  to breath test operators, agency inspectors, instructors, blood
  164  analysts, and instruments.
  165         b. Have the authority to permit breath test operators,
  166  agency inspectors, instructors, blood analysts, and instruments.
  167         c. Have the authority to discipline and suspend, revoke, or
  168  renew the permits of breath test operators, agency inspectors,
  169  instructors, blood analysts, and instruments.
  170         d. Establish uniform requirements for instruction and
  171  curricula for the operation and inspection of approved
  172  instruments.
  173         e. Have the authority to specify one approved curriculum
  174  for the operation and inspection of approved instruments.
  175         f. Establish a procedure for the approval of breath test
  176  operator and agency inspector classes.
  177         g. Have the authority to approve or disapprove breath test
  178  instruments and accompanying paraphernalia for use pursuant to
  179  the driving and boating under the influence provisions and
  180  related provisions located in this chapter and chapters 322 and
  181  327.
  182         h. With the approval of the executive director of the
  183  Department of Law Enforcement, make and enter into contracts and
  184  agreements with other agencies, organizations, associations,
  185  corporations, individuals, or federal agencies as are necessary,
  186  expedient, or incidental to the performance of duties.
  187         i. Issue final orders that which include findings of fact
  188  and conclusions of law and that which constitute final agency
  189  action for the purpose of chapter 120.
  190         j. Enforce compliance with this section through civil or
  191  administrative proceedings.
  192         k. Make recommendations concerning any matter within the
  193  purview of this section, this chapter, chapter 322, or chapter
  194  327.
  195         l. Adopt Promulgate rules for the administration and
  196  implementation of this section, including definitions of terms.
  197         m. Consult and cooperate with other entities for the
  198  purpose of implementing the mandates of this section.
  199         n. Have the authority to approve the type of blood test
  200  used utilized under the driving and boating under the influence
  201  provisions and related provisions located in this chapter and
  202  chapters 322 and 327.
  203         o. Have the authority to specify techniques and methods for
  204  breath alcohol testing and blood testing used utilized under the
  205  driving and boating under the influence provisions and related
  206  provisions located in this chapter and chapters 322 and 327.
  207         p. Have the authority to approve repair facilities for the
  208  approved breath test instruments, including the authority to set
  209  criteria for approval.
  210  
  211  Nothing in This section does not shall be construed to supersede
  212  provisions in this chapter and chapters 322 and 327. The
  213  specifications in this section are derived from the power and
  214  authority previously and currently possessed by the Department
  215  of Law Enforcement and are enumerated to conform with the
  216  mandates of chapter 99-379, Laws of Florida.
  217         Section 2. Section 316.1939, Florida Statutes, is amended
  218  to read:
  219         316.1939 Refusal to submit to testing; penalties.—
  220         (1)(a)A person who refuses to submit to a lawful test of
  221  his or her breath as required under s. 316.1932(1)(a)1.a. is
  222  subject, for a first refusal, to suspension of the person’s
  223  driving privilege for 1 year unless, instead of such suspension,
  224  the person agrees to placement, at the person’s own expense, of
  225  an ignition interlock device approved by the department in the
  226  same manner as devices approved by the department in accordance
  227  with s. 316.1938 on all vehicles individually or jointly leased
  228  or owned and routinely operated by the person for 1 continuous
  229  year for a first refusal when the person qualifies for
  230  reinstatement of a permanent or restricted driver license. This
  231  subsection applies in addition to any other penalties authorized
  232  by this section. The ignition interlock device placement period
  233  required by this subsection shall run concurrently with any
  234  other ignition interlock device placement period required by a
  235  court or the department.
  236         (b)Proof of installation of an ignition interlock device
  237  required by this subsection must be sent to the department, and
  238  verification of the operation of the device in the person’s
  239  vehicle must be periodically reported to the department.
  240         (c)The prohibitions and penalties provided in s.
  241  316.1937(5), (6), and (8) apply to a person whose driving
  242  privilege is restricted pursuant to this subsection and to an
  243  ignition interlock device required by this subsection.
  244         (2)(1) A person who has refused to submit to a chemical or
  245  physical test of his or her breath or urine, as described in s.
  246  316.1932, and whose driving privilege was previously suspended
  247  or who was previously fined under s. 327.35215 for a prior
  248  refusal to submit to a lawful test of his or her breath, urine,
  249  or blood required under this chapter or chapter 327, and:
  250         (a) Who the arresting law enforcement officer had probable
  251  cause to believe was driving or in actual physical control of a
  252  motor vehicle in this state while under the influence of
  253  alcoholic beverages, chemical substances, or controlled
  254  substances;
  255         (b) Who was placed under lawful arrest for a violation of
  256  s. 316.193 unless such test was requested pursuant to s.
  257  316.1932(1)(c);
  258         (c) Who was informed that, if he or she refused to submit
  259  to such test in the case of a second or subsequent refusal, his
  260  or her privilege to operate a motor vehicle would be suspended
  261  for a period of 1 year or, in the case of a second or subsequent
  262  refusal, for a period of 18 months;
  263         (d) Who was informed that a refusal to submit to a lawful
  264  test of his or her breath or urine, if his or her driving
  265  privilege has been previously suspended or if he or she has
  266  previously been fined under s. 327.35215 for a prior refusal to
  267  submit to a lawful test of his or her breath, urine, or blood as
  268  required under this chapter or chapter 327, is a misdemeanor of
  269  the first degree, punishable as provided in s. 775.082 or s.
  270  775.083, in addition to any other penalties provided by law; and
  271         (e) Who, after having been so informed, refused to submit
  272  to any such test when requested to do so by a law enforcement
  273  officer or correctional officer
  274  
  275  commits a misdemeanor of the first degree and is subject to
  276  punishment as provided in s. 775.082 or s. 775.083.
  277         (3)(2) The disposition of any administrative proceeding
  278  that relates to the suspension of a person’s driving privilege
  279  does not affect a criminal action under subsection (2) this
  280  section.
  281         (4)(3) The disposition of a criminal action under
  282  subsection (2) this section does not affect any administrative
  283  proceeding that relates to the suspension of a person’s driving
  284  privilege. The department’s records showing that a person’s
  285  license has been previously suspended for a prior refusal to
  286  submit to a lawful test of his or her breath, urine, or blood is
  287  shall be admissible and creates shall create a rebuttable
  288  presumption of such suspension.
  289         (5)The department shall annually post on its website the
  290  number of drivers who refuse to submit to a test and who either
  291  choose to obtain a hardship license or choose to reinstate their
  292  license with an ignition interlock device.
  293         Section 3. Subsections (1) and (3), paragraph (a) of
  294  subsection (10), and paragraph (b) of subsection (14) of section
  295  322.2615, Florida Statutes, are amended to read:
  296         322.2615 Suspension of license; right to review.—
  297         (1)(a) A law enforcement officer or correctional officer
  298  shall, on behalf of the department, suspend the driving
  299  privilege of a person who is driving or in actual physical
  300  control of a motor vehicle and who has an unlawful blood-alcohol
  301  level or breath-alcohol level of 0.08 or higher, or of a person
  302  who has refused to submit to a urine test or a test of his or
  303  her breath-alcohol or blood-alcohol level. The officer shall
  304  take the person’s driver license and issue the person a 10-day
  305  temporary permit if the person is otherwise eligible for the
  306  driving privilege and shall issue the person a notice of
  307  suspension. If a blood test has been administered, the officer
  308  or the agency employing the officer shall transmit such results
  309  to the department within 5 days after receipt of the results. If
  310  the department then determines that the person had a blood
  311  alcohol level or breath-alcohol level of 0.08 or higher, the
  312  department shall suspend the person’s driver license pursuant to
  313  subsection (3).
  314         (b) The suspension under paragraph (a) shall be pursuant
  315  to, and the notice of suspension shall inform the driver of, the
  316  following:
  317         1.a. The driver refused to submit to a lawful breath,
  318  blood, or urine test and his or her driving privilege is
  319  suspended for a period of 1 year for a first refusal unless,
  320  instead of such suspension, the driver agrees to placement, at
  321  his or her own expense, of an ignition interlock device approved
  322  by the department in accordance with s. 316.1938 for 1
  323  continuous year on all vehicles that he or she individually or
  324  jointly leases or owns and routinely operates, or for a period
  325  of 18 months if his or her driving privilege has been previously
  326  suspended as a result of a refusal to submit to such a test; or
  327         b. The driver was driving or in actual physical control of
  328  a motor vehicle and had an unlawful blood-alcohol level or
  329  breath-alcohol level of 0.08 or higher and his or her driving
  330  privilege is suspended for a period of 6 months for a first
  331  offense or for a period of 1 year if his or her driving
  332  privilege has been previously suspended under this section.
  333         2. The suspension period shall commence on the date of
  334  issuance of the notice of suspension.
  335         3. The driver may request a formal or informal review of
  336  the suspension by the department within 10 days after the date
  337  of issuance of the notice of suspension or may request a review
  338  of eligibility for a restricted driving privilege under s.
  339  322.271(7).
  340         4.A driver who requests a formal or informal review of the
  341  suspension for a first-time refusal of a lawful breath, blood,
  342  or urine test waives the privilege to agree to the placement, at
  343  his or her expense of an ignition interlock device approved by
  344  the department for 1 year on all vehicles that he or she
  345  individually or jointly leases or owns and routinely operates if
  346  the driver requests a formal or informal review of the
  347  suspension for a first-time refusal of a lawful breath, blood,
  348  or urine test.
  349         5.If the driver agrees to the placement, at his or her own
  350  expense, of a department-approved ignition interlock device
  351  approved by the department in accordance with s. 316.1938 for 1
  352  year on all vehicles that he or she individually or jointly
  353  leases or owns and routinely operates instead of a 1-year
  354  suspension for a first-time refusal of a lawful breath, blood,
  355  or urine test, the driver must notify the department of his or
  356  her agreement to the installation of an ignition interlock
  357  device and must have the ignition interlock device installed in
  358  such vehicles within 10 days after the date of the issuance of
  359  the notice of suspension. If the driver agrees to the placement
  360  of an ignition interlock device, such placement shall be entered
  361  on the driver’s record and have the same effect as suspension
  362  for failure to submit to a lawful test of breath, blood, or
  363  urine.
  364         6.4. The temporary permit issued at the time of suspension
  365  expires at midnight of the 10th day following the date of
  366  issuance of the notice of suspension.
  367         7.5. The driver may submit to the department any materials
  368  relevant to the suspension.
  369         (3) If the department determines that the license should be
  370  suspended pursuant to this section and if the notice of
  371  suspension has not already been served upon the person by a law
  372  enforcement officer or correctional officer as provided in
  373  subsection (1), the department shall issue a notice of
  374  suspension and, unless the notice is mailed pursuant to s.
  375  322.251, a temporary permit that expires 10 days after the date
  376  of issuance if the driver is otherwise eligible. The notice
  377  shall also inform the driver that his or her driving privilege
  378  is suspended unless, instead of such suspension, the driver
  379  agrees to placement, at his or her own expense, of a department
  380  approved ignition interlock device in accordance with s.
  381  316.1938 for 1 continuous year on all vehicles that he or she
  382  individually or jointly leases or owns and routinely operates.
  383         (10) A person whose driver license is suspended under
  384  subsection (1) or subsection (3) may apply for issuance of a
  385  license for business or employment purposes only if the person
  386  is otherwise eligible for the driving privilege pursuant to s.
  387  322.271.
  388         (a) If the suspension of the driver license of the person
  389  for failure to submit to a breath, urine, or blood test is
  390  sustained, the person is not eligible to receive a license for
  391  business or employment purposes only, pursuant to s. 322.271,
  392  until 90 days have elapsed after the expiration of the last
  393  temporary permit issued and the person has had a department
  394  approved ignition interlock device in accordance with s.
  395  316.1938 installed for 1 continuous year, at the person’s own
  396  expense, on all vehicles that he or she individually or jointly
  397  leases or owns and routinely operates. If the driver is not
  398  issued a 10-day permit pursuant to this section or s. 322.64
  399  because he or she is ineligible for the permit and the
  400  suspension for failure to submit to a breath, urine, or blood
  401  test is not invalidated by the department, the driver is not
  402  eligible to receive a business or employment license pursuant to
  403  s. 322.271 until 90 days have elapsed from the date of the
  404  suspension and has had a department-approved ignition interlock
  405  device in accordance with s. 316.1938 installed for 1 continuous
  406  year, at the person’s own expense, on all vehicles that he or
  407  she individually or jointly leases or owns and routinely
  408  operates.
  409         (14)
  410         (b) The disposition of any related criminal proceedings
  411  does not affect a suspension or ignition interlock placement for
  412  refusal to submit to a blood, breath, or urine test imposed
  413  under this section.
  414         Section 4. Subsections (2) and (4), paragraph (b) of
  415  subsection (8), and subsections (11) and (15) of section
  416  322.2616, Florida Statutes, are amended to read:
  417         322.2616 Suspension of license; persons under 21 years of
  418  age; right to review.—
  419         (2)(a) A law enforcement officer or correctional officer
  420  shall, on behalf of the department, suspend the driving
  421  privilege of such person if the person has a blood-alcohol or
  422  breath-alcohol level of 0.02 or higher. The officer shall also
  423  suspend, on behalf of the department, the driving privilege of a
  424  person who has refused to submit to a test as provided by
  425  paragraph (b). The officer shall take the person’s driver
  426  license and issue the person a 10-day temporary driving permit
  427  if the person is otherwise eligible for the driving privilege
  428  and shall issue the person a notice of suspension.
  429         (b) The suspension under paragraph (a) must be pursuant to,
  430  and the notice of suspension must inform the driver of, the
  431  following:
  432         1.a. The driver refused to submit to a lawful breath test
  433  and his or her driving privilege is suspended for a period of 1
  434  year for a first refusal unless, instead of such suspension, the
  435  driver agrees to placement, at his or her own expense, of a
  436  department-approved ignition interlock device in accordance with
  437  s. 316.1938 for 1 continuous year on all vehicles that he or she
  438  individually or jointly leases or owns and routinely operates,
  439  or for a period of 18 months if his or her driving privilege has
  440  been previously suspended as provided in this section as a
  441  result of a refusal to submit to a test; or
  442         b. The driver was under the age of 21 and was driving or in
  443  actual physical control of a motor vehicle while having a blood
  444  alcohol or breath-alcohol level of 0.02 or higher; and the
  445  person’s driving privilege is suspended for a period of 6 months
  446  for a first violation, or for a period of 1 year if his or her
  447  driving privilege has been previously suspended as provided in
  448  this section for driving or being in actual physical control of
  449  a motor vehicle with a blood-alcohol or breath-alcohol level of
  450  0.02 or higher.
  451         2. The suspension period commences on the date of issuance
  452  of the notice of suspension.
  453         3. The driver may request a formal or informal review of
  454  the suspension by the department within 10 days after the
  455  issuance of the notice of suspension.
  456         4.A driver who requests a formal or informal review of the
  457  suspension for a first-time refusal of a lawful breath or blood
  458  test waives the privilege to agree to the placement, at his or
  459  her own expense, of a department-approved ignition interlock
  460  device for 1 year on all vehicles that he or she individually or
  461  jointly leases or owns and routinely operates.
  462         5.If the driver agrees to the placement, at his or her own
  463  expense, of a department-approved ignition interlock device in
  464  accordance with s. 316.1938 for 1 year on all vehicles that he
  465  or she individually or jointly leases or owns and routinely
  466  operates instead of a 1-year suspension for a first-time refusal
  467  of a lawful blood-alcohol or breath-alcohol test, the driver
  468  must notify the department of his or her agreement to the
  469  installation of an ignition interlock device and must have the
  470  ignition interlock device installed in such vehicles within 10
  471  days after the date of the issuance of the notice of suspension.
  472  If the driver agrees to the placement of an ignition interlock
  473  device, such placement shall be entered on the driver’s record
  474  and have the same effect as suspension for failure to submit to
  475  a lawful test of blood-alcohol or breath-alcohol.
  476         6.4. A temporary permit issued at the time of the issuance
  477  of the notice of suspension shall not become effective until
  478  after 12 hours have elapsed and will expire at midnight of the
  479  10th day following the date of issuance.
  480         7.5. The driver may submit to the department any materials
  481  relevant to the suspension of his or her license.
  482         (c) When a driver subject to this section has a blood
  483  alcohol or breath-alcohol level of 0.05 or higher, the
  484  suspension shall remain in effect until such time as the driver
  485  has completed a substance abuse course offered by a DUI program
  486  licensed by the department. The driver shall assume the
  487  reasonable costs for the substance abuse course. As part of the
  488  substance abuse course, the program shall conduct a substance
  489  abuse evaluation of the driver, and notify the parents or legal
  490  guardians of drivers under the age of 19 years of the results of
  491  the evaluation. The term “substance abuse” means the abuse of
  492  alcohol or any substance named or described in Schedules I
  493  through V of s. 893.03. If a driver fails to complete the
  494  substance abuse education course and evaluation, the driver
  495  license shall not be reinstated by the department.
  496         (d) A minor under the age of 18 years proven to be driving
  497  with a blood-alcohol or breath-alcohol level of 0.02 or higher
  498  may be taken by a law enforcement officer to the addictions
  499  receiving facility in the county in which the minor is found to
  500  be so driving, if the county makes the addictions receiving
  501  facility available for such purpose.
  502         (4) If the department finds that the license of the person
  503  should be suspended under this section and if the notice of
  504  suspension has not already been served upon the person by a law
  505  enforcement officer or correctional officer as provided in
  506  subsection (2), the department shall issue a notice of
  507  suspension and, unless the notice is mailed under s. 322.251, a
  508  temporary driving permit that expires 10 days after the date of
  509  issuance if the driver is otherwise eligible. The notice shall
  510  also inform the driver that his or her driving privilege is
  511  suspended unless, instead of such suspension, the driver agrees
  512  to placement, at his or her own expense, of a department
  513  approved ignition interlock device in accordance with s.
  514  316.1938 for 1 continuous year on all vehicles that he or she
  515  individually or jointly leases or owns and routinely operates.
  516  The department shall terminate the suspension effective on the
  517  date of ignition interlock device placement on such vehicles.
  518         (8) In a formal review hearing under subsection (7) or an
  519  informal review hearing under subsection (5), the hearing
  520  officer shall determine by a preponderance of the evidence
  521  whether sufficient cause exists to sustain, amend, or invalidate
  522  the suspension. The scope of the review is limited to the
  523  following issues:
  524         (b) If the license was suspended because of the
  525  individual’s refusal to submit to a breath test:
  526         1. Whether the law enforcement officer had probable cause
  527  to believe that the person was under the age of 21 and was
  528  driving or in actual physical control of a motor vehicle in this
  529  state with any blood-alcohol or breath-alcohol level or while
  530  under the influence of alcoholic beverages.
  531         2. Whether the person was under the age of 21.
  532         3. Whether the person refused to submit to a breath test
  533  after being requested to do so by a law enforcement officer or
  534  correctional officer.
  535         4. Whether the person was told that if he or she refused to
  536  submit to a breath test his or her privilege to operate a motor
  537  vehicle would be suspended for a period of 1 year unless the
  538  driver agrees to placement, at his or her own expense, of a
  539  department-approved ignition interlock device in accordance with
  540  s. 316.1938 for 1 continuous year on all vehicles that he or she
  541  individually or jointly leases or owns and routinely operates,
  542  or, in the case of a second or subsequent refusal, for a period
  543  of 18 months.
  544         (11) A person whose driver license is suspended under
  545  subsection (2) or subsection (4) may apply for issuance of a
  546  license for business or employment purposes only, pursuant to s.
  547  322.271, if the person is otherwise eligible for the driving
  548  privilege. However, such a license may not be issued until 30
  549  days have elapsed after the expiration of the last temporary
  550  driving permit issued under this section and, if the suspension
  551  is for a first-time refusal of a blood-alcohol, breath-alcohol,
  552  or urine test and such suspension was affirmed in a formal or
  553  informal hearing, such person must have an ignition interlock
  554  device installed as approved by the department in the same
  555  manner as devices approved by the department in accordance with
  556  s. 316.1938 for 1 year on all vehicles that he or she
  557  individually or jointly leases or owns and routinely operates.
  558         (15) The decision of the department under this section
  559  shall not be considered in any trial for a violation of s.
  560  316.193, nor shall any written statement submitted by a person
  561  in his or her request for departmental review under this section
  562  be admissible into evidence against him or her in any such
  563  trial. The disposition of any related criminal proceedings shall
  564  not affect a suspension or ignition interlock placement imposed
  565  under this section.
  566         Section 5. Present subsection (5) of section 322.2715,
  567  Florida Statutes, is redesignated as subsection (6), a new
  568  subsection (5) is added to that section, and subsection (1) of
  569  that section is amended, to read:
  570         322.2715 Ignition interlock device.—
  571         (1) Before issuing a permanent or restricted driver license
  572  under this chapter, the department shall require the placement
  573  of a department-approved ignition interlock device for any
  574  person convicted of committing an offense of driving under the
  575  influence as specified in subsection (3), or for any person who
  576  refused to submit to a lawful test of his or her breath as
  577  specified in subsection (5) and who chooses ignition interlock
  578  placement in lieu of suspension of the person’s privilege to
  579  operate a motor vehicle for a period of 1 year, except that
  580  consideration may be given to those individuals having a
  581  documented medical condition that would prohibit the device from
  582  functioning normally. If a medical waiver has been granted for a
  583  convicted person seeking a restricted license, the convicted
  584  person shall not be entitled to a restricted license until the
  585  required ignition interlock device installation period under
  586  subsection (3) or subsection (5) expires, in addition to the
  587  time requirements under s. 322.271. If a medical waiver has been
  588  approved for a convicted person seeking permanent reinstatement
  589  of the driver license, the convicted person must be restricted
  590  to an employment-purposes-only license and be supervised by a
  591  licensed DUI program until the required ignition interlock
  592  device installation period under subsection (3) or subsection
  593  (5) expires. An interlock device shall be placed on all vehicles
  594  that are individually or jointly leased or owned and routinely
  595  operated by the convicted person.
  596         (5)If a person refused to submit to a lawful test of his
  597  or her breath as required by s. 316.1932(1)(a)1.a., and it is
  598  the first time he or she refused to submit to a lawful test of
  599  his or her breath, in lieu of suspension of the person’s
  600  privilege to operate a motor vehicle for a period of 1 year, the
  601  person may choose to install, at his or her own expense, a
  602  department-approved ignition interlock device on all vehicles
  603  individually or jointly leased or owned and routinely operated
  604  by the person for 1 continuous year.
  605         Section 6. This act shall take effect October 1, 2024.