HB 197 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to penalties for refusal to submit to 2
a breath-alcohol test; amending s. 316.1932, F.S.; 3
requiring a person who refuses to submit to a lawful 4
test of his or her breath for the purpose of 5
determining the alcoholic content of his or her blood 6
or breath to be told that an ignition interlock device 7
will be placed upon all vehicles that are individually 8
or jointly leased or owned and routinely operat ed by 9
the person; amending s. 316.1939, F.S.; conforming 10
criminal penalty provisions to changes made by the 11
act; providing an effective date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
15
Section 1. Paragraph (a) of subsection (1) of section 16
316.1932, Florida Statutes, is amended to read: 17
316.1932 Tests for alcohol, chemical substances, or 18
controlled substances; implied consent; refusal. — 19
(1)(a)1.a. A person who accepts the privilege extended by 20
the laws of this state of operating a motor vehicle within this 21
state is, by operating such vehicle, deemed to have given his or 22
her consent to submit to an approved chemical test or physical 23
test including, but not limited to, an infrared light test of 24
his or her breath for the purpose of d etermining the alcoholic 25
HB 197 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
content of his or her blood or breath if the person is lawfully 26
arrested for any offense allegedly committed while the person 27
was driving or was in actual physical control of a motor vehicle 28
while under the influence of alcoholic b everages. The chemical 29
or physical breath test must be incidental to a lawful arrest 30
and administered at the request of a law enforcement officer who 31
has reasonable cause to believe such person was driving or was 32
in actual physical control of the motor veh icle within this 33
state while under the influence of alcoholic beverages. The 34
administration of a breath test does not preclude the 35
administration of another type of test. The person shall be told 36
that his or her failure to submit to any lawful test of his or 37
her breath will, for a first refusal, result in the suspension 38
of the person's privilege to operate a motor vehicle for a 39
period of 1 year and placement for 1 year, at the person's 40
expense, of an ignition interlock device approved by the 41
department in accordance with s. 316.1938 upon all vehicles that 42
are individually or jointly leased or owned and routinely 43
operated by the person. for a first refusal, or for a period of 44
18 months If the driving privilege of such person has been 45
previously suspended or i f he or she has previously been fined 46
under s. 327.35215 as a result of a refusal to submit to a test 47
or tests required under this chapter or chapter 327, the person 48
shall be told that his or her failure to submit to any lawful 49
test of his or her breath wi ll result in the suspension of the 50
HB 197 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
person's privilege to operate a motor vehicle for 18 months and 51
placement for 18 months, at the person's expense, of an ignition 52
interlock device approved by the department in accordance with 53
s. 316.1938 upon all vehicles that are individually or jointly 54
leased or owned and routinely operated by the person. The person 55
and shall also be told that if he or she refuses to submit to a 56
lawful test of his or her breath and his or her driving 57
privilege has been previously suspend ed or if he or she has 58
previously been fined under s. 327.35215 for a prior refusal to 59
submit to a lawful test of his or her breath, urine, or blood as 60
required under this chapter or chapter 327, he or she commits a 61
misdemeanor of the first degree, punisha ble as provided in s. 62
775.082 or s. 775.083, in addition to any other penalties 63
provided by law. The refusal to submit to a chemical or physical 64
breath test upon the request of a law enforcement officer as 65
provided in this section is admissible into eviden ce in any 66
criminal proceeding. 67
b. A person who accepts the privilege extended by the laws 68
of this state of operating a motor vehicle within this state is, 69
by operating such vehicle, deemed to have given his or her 70
consent to submit to a urine test for th e purpose of detecting 71
the presence of chemical substances as set forth in s. 877.111 72
or controlled substances if the person is lawfully arrested for 73
any offense allegedly committed while the person was driving or 74
was in actual physical control of a motor vehicle while under 75
HB 197 2023
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the influence of chemical substances or controlled substances. 76
The urine test must be incidental to a lawful arrest and 77
administered at a detention facility or any other facility, 78
mobile or otherwise, which is equipped to administer suc h tests 79
at the request of a law enforcement officer who has reasonable 80
cause to believe such person was driving or was in actual 81
physical control of a motor vehicle within this state while 82
under the influence of chemical substances or controlled 83
substances. The urine test shall be administered at a detention 84
facility or any other facility, mobile or otherwise, which is 85
equipped to administer such test in a reasonable manner that 86
will ensure the accuracy of the specimen and maintain the 87
privacy of the indivi dual involved. The administration of a 88
urine test does not preclude the administration of another type 89
of test. The person shall be told that his or her failure to 90
submit to any lawful test of his or her urine will result in the 91
suspension of the person's privilege to operate a motor vehicle 92
for a period of 1 year for the first refusal, or for a period of 93
18 months if the driving privilege of such person has been 94
previously suspended or if he or she has previously been fined 95
under s. 327.35215 as a result o f a refusal to submit to a test 96
or tests required under this chapter or chapter 327, and shall 97
also be told that if he or she refuses to submit to a lawful 98
test of his or her urine and his or her driving privilege has 99
been previously suspended or if he or she has previously been 100
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fined under s. 327.35215 for a prior refusal to submit to a 101
lawful test of his or her breath, urine, or blood as required 102
under this chapter or chapter 327, he or she commits a 103
misdemeanor of the first degree, punishable as provided in s. 104
775.082 or s. 775.083, in addition to any other penalties 105
provided by law. The refusal to submit to a urine test upon the 106
request of a law enforcement officer as provided in this section 107
is admissible into evidence in any criminal proceeding. 108
2. The Alcohol Testing Program within the Department of 109
Law Enforcement is responsible for the regulation of the 110
operation, inspection, and registration of breath test 111
instruments used utilized under the driving and boating under 112
the influence provisions and r elated provisions located in this 113
chapter and chapters 322 and 327. The program is responsible for 114
the regulation of the individuals who operate, inspect, and 115
instruct on the breath test instruments used utilized in the 116
driving and boating under the influe nce provisions and related 117
provisions located in this chapter and chapters 322 and 327. The 118
program is further responsible for the regulation of blood 119
analysts who conduct blood testing to be used utilized under the 120
driving and boating under the influence provisions and related 121
provisions located in this chapter and chapters 322 and 327. The 122
program shall: 123
a. Establish uniform criteria for the issuance of permits 124
to breath test operators, agency inspectors, instructors, blood 125
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analysts, and instruments. 126
b. Have the authority to permit breath test operators, 127
agency inspectors, instructors, blood analysts, and instruments. 128
c. Have the authority to discipline and suspend, revoke, 129
or renew the permits of breath test operators, agency 130
inspectors, instructors , blood analysts, and instruments. 131
d. Establish uniform requirements for instruction and 132
curricula for the operation and inspection of approved 133
instruments. 134
e. Have the authority to specify one approved curriculum 135
for the operation and inspection of ap proved instruments. 136
f. Establish a procedure for the approval of breath test 137
operator and agency inspector classes. 138
g. Have the authority to approve or disapprove breath test 139
instruments and accompanying paraphernalia for use pursuant to 140
the driving and boating under the influence provisions and 141
related provisions located in this chapter and chapters 322 and 142
327. 143
h. With the approval of the executive director of the 144
Department of Law Enforcement, make and enter into contracts and 145
agreements with other agencies, organizations, associations, 146
corporations, individuals, or federal agencies as are necessary, 147
expedient, or incidental to the performance of duties. 148
i. Issue final orders that which include findings of fact 149
and conclusions of law and that which constitute final agency 150
HB 197 2023
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action for the purpose of chapter 120. 151
j. Enforce compliance with this section through civil or 152
administrative proceedings. 153
k. Make recommendations concerning any matter within the 154
purview of this section, this chapter, chapte r 322, or chapter 155
327. 156
l. Adopt Promulgate rules for the administration and 157
implementation of this section, including definitions of terms. 158
m. Consult and cooperate with other entities for the 159
purpose of implementing the mandates of this section. 160
n. Have the authority to approve the type of blood test 161
used utilized under the driving and boating under the influence 162
provisions and related provisions located in this chapter and 163
chapters 322 and 327. 164
o. Have the authority to specify techniques and metho ds 165
for breath alcohol testing and blood testing used utilized under 166
the driving and boating under the influence provisions and 167
related provisions located in this chapter and chapters 322 and 168
327. 169
p. Have the authority to approve repair facilities for the 170
approved breath test instruments, including the authority to set 171
criteria for approval. 172
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Nothing in This section does not shall be construed to supersede 174
provisions in this chapter and chapters 322 and 327. The 175
HB 197 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
specifications in this section are derived f rom the power and 176
authority previously and currently possessed by the Department 177
of Law Enforcement and are enumerated to conform with the 178
mandates of chapter 99 -379, Laws of Florida. 179
Section 2. Subsection (1) of section 316.1939, Florida 180
Statutes, is amended to read: 181
316.1939 Refusal to submit to testing; penalties. — 182
(1) A person who has refused to submit to a chemical or 183
physical test of his or her breath or urine, as described in s. 184
316.1932, and whose driving privilege was previously suspended 185
or who was previously fined under s. 327.35215 for a prior 186
refusal to submit to a lawful test of his or her breath, urine, 187
or blood required under this chapter or chapter 327, and: 188
(a) Who the arresting law enforcement officer had probable 189
cause to believe was driving or in actual physical control of a 190
motor vehicle in this state while under the influence of 191
alcoholic beverages, chemical substances, or controlled 192
substances; 193
(b) Who was placed under lawful arrest for a violation of 194
s. 316.193 unless such test was requested pursuant to s. 195
316.1932(1)(c); 196
(c) Who was informed that :, 197
1. If he or she refused to submit to a lawful test of his 198
or her breath, his or her privilege to operate a motor vehicle 199
would be suspended for 1 year for a first refusal o r 18 months 200
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for a second or subsequent refusal, and an ignition interlock 201
device would be placed for 1 year for a first refusal or 18 202
months for a second or subsequent refusal, at his or her 203
expense, upon all vehicles that are individually or jointly 204
leased or owned and routinely operated by him or her; or 205
2. If he or she refused to submit to a lawful such test of 206
his or her urine, his or her privilege to operate a motor 207
vehicle would be suspended for a period of 1 year for a first 208
refusal or, in the case of a second or subsequent refusal, for a 209
period of 18 months for a second or subsequent refusal ; 210
(d) Who was informed that a refusal to submit to a lawful 211
test of his or her breath or urine, if his or her driving 212
privilege has been previously suspended or if he or she has 213
previously been fined under s. 327.35215 for a prior refusal to 214
submit to a lawful test of his or her breath, urine, or blood as 215
required under this chapter or chapter 327, is a misdemeanor of 216
the first degree, punishable as provided in s. 775.082 or s. 217
775.083, in addition to any other penalties provided by law; and 218
(e) Who, after having been so informed, refused to submit 219
to any such test when requested to do so by a law enforcement 220
officer or correctional officer 221
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commits a misdemeanor of the first degree and is subject to 223
punishment as provided in s. 775.082 or s. 775.083. 224
Section 3. This act shall take effect July 1, 2023. 225