FL
Florida House Bill H0197

Florida 2023 Regular Session

Florida House Bill H0197 Compare Versions

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1010 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
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1414 A bill to be entitled 1
15-An act relating to refusal to submit to a breath, 2
16-urine, or blood test; amending s. 316.1932, F.S.; 3
15+An act relating to penalties for refusal to submit to 2
16+a breath-alcohol test; amending s. 316.1932, F.S.; 3
1717 requiring a person arrested for driving under the 4
1818 influence who refuses to submit to a lawful test of 5
1919 his or her breath to be told that he or she is su bject 6
2020 to mandatory placement, for a specified period, of an 7
2121 ignition interlock device on all vehicles that are 8
2222 individually or jointly leased or owned and routinely 9
2323 operated by the person; amending s. 316.1939, F.S.; 10
2424 requiring a person arrested for driving under the 11
2525 influence who refuses to submit to a lawful test of 12
2626 his or her breath to be subject to mandatory 13
2727 placement, for a specified period, of an ignition 14
2828 interlock device on all vehicles that are individually 15
2929 or jointly leased or owned and routinely op erated by 16
3030 the person; conforming provisions to changes made by 17
31-the act; amending s. 322.2615, F.S.; requiring certain 18
32-information to be contained in a notice of suspension; 19
33-decreasing the period during which a person whose 20
34-driver license is suspended for failur e to submit to a 21
35-breath, urine, or blood test is not eligible to 22
36-receive a license for business or employment purposes 23
37-only; waiving the requirement to install an ignition 24
38-interlock device under certain circumstances; amending 25
31+the act; amending s. 322.2615, F.S.; decreasing the 18
32+period during which a person whose driver license is 19
33+suspended for failure to submit to a breath, urine, or 20
34+blood test is not eligible to rec eive a license for 21
35+business or employment purposes only; amending s. 22
36+322.2715, F.S.; directing the Department of Highway 23
37+Safety and Motor Vehicles to require placement of an 24
38+ignition interlock device before issuing a permanent 25
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4747 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
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51-s. 322.2616, F.S.; requiring certain information to be 26
52-contained in a notice of suspension; waiving the 27
53-requirement to install an ignition interlock device 28
54-under certain circumstances; amending s. 322.2715, 29
55-F.S.; directing the Department of Highway Safety and 30
56-Motor Vehicles to require placement of an ignition 31
57-interlock device before issuing a permanent or 32
58-restricted driver license to a person who refused to 33
59-submit to a lawful test of his or her breath; 34
60-requiring the person to install the device at his or 35
61-her own expense for a specified period; providing an 36
62-effective date. 37
63- 38
64-Be It Enacted by the Legislature of the State of Florida: 39
65- 40
66- Section 1. Paragraph (a) of subsection (1) of section 41
67-316.1932, Florida Statutes, is amended to read: 42
68- 316.1932 Tests for alcohol, chemical substance s, or 43
69-controlled substances; implied consent; refusal. — 44
70- (1)(a)1.a. A person who accepts the privilege extended by 45
71-the laws of this state of operating a motor vehicle within this 46
72-state is, by operating such vehicle, deemed to have given his or 47
73-her consent to submit to an approved chemical test or physical 48
74-test including, but not limited to, an infrared light test of 49
75-his or her breath for the purpose of determining the alcoholic 50
51+or restricted driver license to a person who refused 26
52+to submit to a lawful test of his or her breath; 27
53+requiring the person to install the device at his or 28
54+her own expense for a specified period; providing an 29
55+effective date. 30
56+ 31
57+Be It Enacted by the Legislature of the State of Florida : 32
58+ 33
59+ Section 1. Paragraph (a) of subsection (1) of section 34
60+316.1932, Florida Statutes, is amended to read: 35
61+ 316.1932 Tests for alcohol, chemical substances, or 36
62+controlled substances; implied consent; refusal. — 37
63+ (1)(a)1.a. A person who accepts the privi lege extended by 38
64+the laws of this state of operating a motor vehicle within this 39
65+state is, by operating such vehicle, deemed to have given his or 40
66+her consent to submit to an approved chemical test or physical 41
67+test including, but not limited to, an infrared light test of 42
68+his or her breath for the purpose of determining the alcoholic 43
69+content of his or her blood or breath if the person is lawfully 44
70+arrested for any offense allegedly committed while the person 45
71+was driving or was in actual physical control of a m otor vehicle 46
72+while under the influence of alcoholic beverages. The chemical 47
73+or physical breath test must be incidental to a lawful arrest 48
74+and administered at the request of a law enforcement officer who 49
75+has reasonable cause to believe such person was drivi ng or was 50
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8484 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
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88-content of his or her blood or breath if the person is lawfully 51
89-arrested for any offense allegedly committed while the person 52
90-was driving or was in actual physical control of a motor vehicle 53
91-while under the influence of alcoholic beverages. The chemical 54
92-or physical breath test must be incidental to a lawful arrest 55
93-and administered at the request of a law enforcement officer who 56
94-has reasonable cause to believe such person was driving or was 57
95-in actual physical control of the motor vehicle within this 58
96-state while under the influence of alcoholic beverages. The 59
97-administration of a breath test does not preclude the 60
98-administration of another type of test. The person must shall be 61
99-told that his or her failure to submit to any lawful test of his 62
100-or her breath will, for a first refusal, result in the 63
101-suspension of the person's privilege to oper ate a motor vehicle 64
102-for a period of 1 year and the person will be subject to 65
103-mandatory placement for 1 continuous year, at the person's own 66
104-expense, of an ignition interlock device approved by the 67
105-department in accordance with s. 316.1938 on all vehicles t hat 68
106-are individually or jointly leased or owned and routinely 69
107-operated by the person, when the person qualifies for 70
108-reinstatement of a permanent or restricted driver license. for a 71
109-first refusal, or for a period of 18 months If the driving 72
110-privilege of such person has been previously suspended or if he 73
111-or she has previously been fined under s. 327.35215 as a result 74
112-of a refusal to submit to a test or tests required under this 75
88+in actual physical control of the motor vehicle within this 51
89+state while under the influence of alcoholic beverages. The 52
90+administration of a breath test does not preclude the 53
91+administration of another type of test. The person must shall be 54
92+told that his or her failure to submit to any lawful test of his 55
93+or her breath will, for a first refusal, result in the 56
94+suspension of the person's privilege to operate a motor vehicle 57
95+for a period of 1 year and the person will be subject to 58
96+mandatory placement fo r 1 continuous year, at the person's own 59
97+expense, of an ignition interlock device approved by the 60
98+department in accordance with s. 316.1938 on all vehicles that 61
99+are individually or jointly leased or owned and routinely 62
100+operated by the person, when the pers on qualifies for 63
101+reinstatement of a permanent or restricted driver license. for a 64
102+first refusal, or for a period of 18 months If the driving 65
103+privilege of such person has been previously suspended or if he 66
104+or she has previously been fined under s. 327.35215 as a result 67
105+of a refusal to submit to a test or tests required under this 68
106+chapter or chapter 327, the person must be told that his or her 69
107+failure to submit to any lawful test of his or her breath will 70
108+result in the suspension of the person's privilege to operate a 71
109+motor vehicle for 18 months and the person will be subject to 72
110+mandatory placement for 18 continuous months, at the person's 73
111+own expense, of an ignition interlock device approved by the 74
112+department in accordance with s. 316.1938 on all vehicles tha t 75
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121121 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
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125-chapter or chapter 327, the person must be told that his or her 76
126-failure to submit to any lawful test of his or her breath will 77
127-result in the suspension of the person's privilege to operate a 78
128-motor vehicle for 18 months and the person will be subject to 79
129-mandatory placement for 18 continuous months, at the person's 80
130-own expense, of an igni tion interlock device approved by the 81
131-department in accordance with s. 316.1938 on all vehicles that 82
132-are individually or jointly leased or owned and routinely 83
133-operated by the person, when the person qualifies for 84
134-reinstatement of a permanent or restricted driver license. The 85
135-person must and shall also be told that if he or she refuses to 86
136-submit to a lawful test of his or her breath and his or her 87
137-driving privilege has been previously suspended or if he or she 88
138-has previously been fined under s. 327.35215 for a prior refusal 89
139-to submit to a lawful test of his or her breath, urine, or blood 90
140-as required under this chapter or chapter 327, he or she commits 91
141-a misdemeanor of the first degree, punishable as provided in s. 92
142-775.082 or s. 775.083, in addition to any oth er penalties 93
143-provided by law. The refusal to submit to a chemical or physical 94
144-breath test upon the request of a law enforcement officer as 95
145-provided in this section is admissible into evidence in any 96
146-criminal proceeding. 97
147- b. A person who accepts the privil ege extended by the laws 98
148-of this state of operating a motor vehicle within this state is, 99
149-by operating such vehicle, deemed to have given his or her 100
125+are individually or jointly leased or owned and routinely 76
126+operated by the person, when the person qualifies for 77
127+reinstatement of a permanent or restricted driver license. The 78
128+person must and shall also be told that if he or she refuses to 79
129+submit to a lawful test of his or her breath and his or her 80
130+driving privilege has been previously suspended or if he or she 81
131+has previously been fined under s. 327.35215 for a prior refusal 82
132+to submit to a lawful test of his or her breath, urine, or blood 83
133+as required under this chapter or chapter 327, he or she commits 84
134+a misdemeanor of the first degree, punishable as provided in s. 85
135+775.082 or s. 775.083, in addition to any other penalties 86
136+provided by law. The refusal to submit to a chemical or physical 87
137+breath test upon the request of a law enforcement officer as 88
138+provided in this section is admissible into evidence in any 89
139+criminal proceeding. 90
140+ b. A person who accepts the privilege extended by the laws 91
141+of this state of operating a motor vehicle within this state is, 92
142+by operating such vehicle, deemed to have given his or her 93
143+consent to submit to a urine test for the purpose of detecting 94
144+the presence of chemical substances as set forth in s. 877.111 95
145+or controlled substances if the person is lawfully arrested for 96
146+any offense allegedly committed while the person was driving or 97
147+was in actual physical control of a motor vehicle while under 98
148+the influence of chemical substances or controlled substances. 99
149+The urine test must be incidental to a lawful arrest and 100
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158158 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
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162-consent to submit to a urine test for the purpose of detecting 101
163-the presence of chemical substances as set f orth in s. 877.111 102
164-or controlled substances if the person is lawfully arrested for 103
165-any offense allegedly committed while the person was driving or 104
166-was in actual physical control of a motor vehicle while under 105
167-the influence of chemical substances or control led substances. 106
168-The urine test must be incidental to a lawful arrest and 107
169-administered at a detention facility or any other facility, 108
170-mobile or otherwise, which is equipped to administer such tests 109
171-at the request of a law enforcement officer who has reasona ble 110
172-cause to believe such person was driving or was in actual 111
173-physical control of a motor vehicle within this state while 112
174-under the influence of chemical substances or controlled 113
175-substances. The urine test must shall be administered at a 114
176-detention facility or any other facility, mobile or otherwise, 115
177-which is equipped to administer such test in a reasonable manner 116
178-that will ensure the accuracy of the specimen and maintain the 117
179-privacy of the individual involved. The administration of a 118
180-urine test does not pre clude the administration of another type 119
181-of test. The person must shall be told that his or her failure 120
182-to submit to any lawful test of his or her urine will result in 121
183-the suspension of the person's privilege to operate a motor 122
184-vehicle for a period of 1 year for the first refusal, or for a 123
185-period of 18 months if the driving privilege of such person has 124
186-been previously suspended or if he or she has previously been 125
162+administered at a detentio n facility or any other facility, 101
163+mobile or otherwise, which is equipped to administer such tests 102
164+at the request of a law enforcement officer who has reasonable 103
165+cause to believe such person was driving or was in actual 104
166+physical control of a motor vehicle w ithin this state while 105
167+under the influence of chemical substances or controlled 106
168+substances. The urine test must shall be administered at a 107
169+detention facility or any other facility, mobile or otherwise, 108
170+which is equipped to administer such test in a reasona ble manner 109
171+that will ensure the accuracy of the specimen and maintain the 110
172+privacy of the individual involved. The administration of a 111
173+urine test does not preclude the administration of another type 112
174+of test. The person must shall be told that his or her fai lure 113
175+to submit to any lawful test of his or her urine will result in 114
176+the suspension of the person's privilege to operate a motor 115
177+vehicle for a period of 1 year for the first refusal, or for a 116
178+period of 18 months if the driving privilege of such person has 117
179+been previously suspended or if he or she has previously been 118
180+fined under s. 327.35215 as a result of a refusal to submit to a 119
181+test or tests required under this chapter or chapter 327, and 120
182+must shall also be told that if he or she refuses to submit to a 121
183+lawful test of his or her urine and his or her driving privilege 122
184+has been previously suspended or if he or she has previously 123
185+been fined under s. 327.35215 for a prior refusal to submit to a 124
186+lawful test of his or her breath, urine, or blood as required 125
187187
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195195 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
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199-fined under s. 327.35215 as a result of a refusal to submit to a 126
200-test or tests required under t his chapter or chapter 327, and 127
201-must shall also be told that if he or she refuses to submit to a 128
202-lawful test of his or her urine and his or her driving privilege 129
203-has been previously suspended or if he or she has previously 130
204-been fined under s. 327.35215 for a prior refusal to submit to a 131
205-lawful test of his or her breath, urine, or blood as required 132
206-under this chapter or chapter 327, he or she commits a 133
207-misdemeanor of the first degree, punishable as provided in s. 134
208-775.082 or s. 775.083, in addition to any oth er penalties 135
209-provided by law. The refusal to submit to a urine test upon the 136
210-request of a law enforcement officer as provided in this section 137
211-is admissible into evidence in any criminal proceeding. 138
212- 2. The Alcohol Testing Program within the Department of 139
213-Law Enforcement is responsible for the regulation of the 140
214-operation, inspection, and registration of breath test 141
215-instruments used utilized under the driving and boating under 142
216-the influence provisions and related provisions located in this 143
217-chapter and chapters 322 and 327. The program is responsible for 144
218-the regulation of the individuals who operate, inspect, and 145
219-instruct on the breath test instruments used utilized in the 146
220-driving and boating under the influence provisions and related 147
221-provisions located in thi s chapter and chapters 322 and 327. The 148
222-program is further responsible for the regulation of blood 149
223-analysts who conduct blood testing to be used utilized under the 150
199+under this chapter or chapter 327, he or she commits a 126
200+misdemeanor of the first degree, punishable as provided in s. 127
201+775.082 or s. 775.083, in addition to any other penalties 128
202+provided by law. The refusal to submit to a urine test upon the 129
203+request of a law enfor cement officer as provided in this section 130
204+is admissible into evidence in any criminal proceeding. 131
205+ 2. The Alcohol Testing Program within the Department of 132
206+Law Enforcement is responsible for the regulation of the 133
207+operation, inspection, and registration of breath test 134
208+instruments used utilized under the driving and boating under 135
209+the influence provisions and related provisions located in this 136
210+chapter and chapters 322 and 327. The program is responsible for 137
211+the regulation of the individuals who operate, inspe ct, and 138
212+instruct on the breath test instruments used utilized in the 139
213+driving and boating under the influence provisions and related 140
214+provisions located in this chapter and chapters 322 and 327. The 141
215+program is further responsible for the regulation of blood 142
216+analysts who conduct blood testing to be used utilized under the 143
217+driving and boating under the influence provisions and related 144
218+provisions located in this chapter and chapters 322 and 327. The 145
219+program must shall: 146
220+ a. Establish uniform criteria for the iss uance of permits 147
221+to breath test operators, agency inspectors, instructors, blood 148
222+analysts, and instruments. 149
223+ b. Have the authority to permit breath test operators, 150
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232232 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
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236-driving and boating under the influence provisions and related 151
237-provisions located in this ch apter and chapters 322 and 327. The 152
238-program must shall: 153
239- a. Establish uniform criteria for the issuance of permits 154
240-to breath test operators, agency inspectors, instructors, blood 155
241-analysts, and instruments. 156
242- b. Have the authority to permit breath test ope rators, 157
243-agency inspectors, instructors, blood analysts, and instruments. 158
244- c. Have the authority to discipline and suspend, revoke, 159
245-or renew the permits of breath test operators, agency 160
246-inspectors, instructors, blood analysts, and instruments. 161
247- d. Establish uniform requirements for instruction and 162
248-curricula for the operation and inspection of approved 163
249-instruments. 164
250- e. Have the authority to specify one approved curriculum 165
251-for the operation and inspection of approved instruments. 166
252- f. Establish a procedure for the approval of breath test 167
253-operator and agency inspector classes. 168
254- g. Have the authority to approve or disapprove breath test 169
255-instruments and accompanying paraphernalia for use pursuant to 170
256-the driving and boating under the influence provisions and 171
257-related provisions located in this chapter and chapters 322 and 172
258-327. 173
259- h. With the approval of the executive director of the 174
260-Department of Law Enforcement, make and enter into contracts and 175
236+agency inspectors, instructors, blood analysts, and instruments. 151
237+ c. Have the authority to discipline and suspend, revoke, 152
238+or renew the permits of breath test operators, agency 153
239+inspectors, instructors, blood analysts, and instruments. 154
240+ d. Establish uniform requirements for instruction and 155
241+curricula for the operation and inspection of approved 156
242+instruments. 157
243+ e. Have the authority to specify one approved curriculum 158
244+for the operation and inspection of approved instruments. 159
245+ f. Establish a procedure for the approval of breath test 160
246+operator and agency inspector classes. 161
247+ g. Have the authority to a pprove or disapprove breath test 162
248+instruments and accompanying paraphernalia for use pursuant to 163
249+the driving and boating under the influence provisions and 164
250+related provisions located in this chapter and chapters 322 and 165
251+327. 166
252+ h. With the approval of the executive director of the 167
253+Department of Law Enforcement, make and enter into contracts and 168
254+agreements with other agencies, organizations, associations, 169
255+corporations, individuals, or federal agencies as are necessary, 170
256+expedient, or incidental to the perform ance of duties. 171
257+ i. Issue final orders that which include findings of fact 172
258+and conclusions of law and that which constitute final agency 173
259+action for the purpose of chapter 120. 174
260+ j. Enforce compliance with this section through civil or 175
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269269 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
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273-agreements with other agencies, organizations, associations, 176
274-corporations, individuals, or federal agencies as are necessary, 177
275-expedient, or incidental to the performance of duties. 178
276- i. Issue final orders that which include findings of fact 179
277-and conclusions of law and that which constitute final agency 180
278-action for the purpose of chapter 120. 181
279- j. Enforce compliance with this section through civil or 182
280-administrative proceedings. 183
281- k. Make recommendations concerning any matter within the 184
282-purview of this section, this chapter, chapter 322, or chapter 185
283-327. 186
284- l. Adopt Promulgate rules for the administration and 187
285-implementation of this section, including definitions of terms. 188
286- m. Consult and cooperate with other entities for the 189
287-purpose of implementing the mandates of this section. 190
288- n. Have the authority to approve the type o f blood test 191
289-used utilized under the driving and boating under the influence 192
290-provisions and related provisions located in this chapter and 193
291-chapters 322 and 327. 194
292- o. Have the authority to specify techniques and methods 195
293-for breath alcohol testing and blood testing used utilized under 196
294-the driving and boating under the influence provisions and 197
295-related provisions located in this chapter and chapters 322 and 198
296-327. 199
297- p. Have the authority to approve repair facilities for the 200
273+administrative proce edings. 176
274+ k. Make recommendations concerning any matter within the 177
275+purview of this section, this chapter, chapter 322, or chapter 178
276+327. 179
277+ l. Adopt Promulgate rules for the administration and 180
278+implementation of this section, including definitions of terms. 181
279+ m. Consult and cooperate with other entities for the 182
280+purpose of implementing the mandates of this section. 183
281+ n. Have the authority to approve the type of blood test 184
282+used utilized under the driving and boating under the influence 185
283+provisions and related prov isions located in this chapter and 186
284+chapters 322 and 327. 187
285+ o. Have the authority to specify techniques and methods 188
286+for breath alcohol testing and blood testing used utilized under 189
287+the driving and boating under the influence provisions and 190
288+related provisions located in this chapter and chapters 322 and 191
289+327. 192
290+ p. Have the authority to approve repair facilities for the 193
291+approved breath test instruments, including the authority to set 194
292+criteria for approval. 195
293+ 196
294+Nothing in This section does not shall be construed to supersede 197
295+provisions in this chapter and chapters 322 and 327. The 198
296+specifications in this section are derived from the power and 199
297+authority previously and currently possessed by the Department 200
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306306 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
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310-approved breath test instruments, inclu ding the authority to set 201
311-criteria for approval. 202
312- 203
313-Nothing in This section does not shall be construed to supersede 204
314-provisions in this chapter and chapters 322 and 327. The 205
315-specifications in this section are derived from the power and 206
316-authority previously a nd currently possessed by the Department 207
317-of Law Enforcement and are enumerated to conform with the 208
318-mandates of chapter 99 -379, Laws of Florida. 209
319- Section 2. Section 316.1939, Florida Statutes, is amended 210
320-to read: 211
321- 316.1939 Refusal to submit to testing; penalties.— 212
322- (1) A person who refuses to submit to a lawful test of his 213
323-or her breath as required under s. 316.1932(1)(a)1.a. is subject 214
324-to mandatory placement, at the person's own expense, of an 215
325-ignition interlock device approved by the department in 216
326-accordance with s. 316.1938 on all vehicles individually or 217
327-jointly leased or owned and routinely operated by the person for 218
328-1 continuous year for a first refusal, or 18 continuous months 219
329-for a second or subsequent refusal, when the person qualifies 220
330-for reinstatement of a permanent or restricted driver license. 221
331-This subsection applies in addition to any other penalties 222
332-authorized by this section. 223
333- (2)(1) A person who has refused to submit to a chemical or 224
334-physical test of his or her breath or urine, as des cribed in s. 225
310+of Law Enforcement and are enumerated to conform with the 201
311+mandates of chapter 99-379, Laws of Florida. 202
312+ Section 2. Section 316.1939, Florida Statutes, is amended 203
313+to read: 204
314+ 316.1939 Refusal to submit to testing; penalties. — 205
315+ (1) A person who refuses to submit to a lawful test of his 206
316+or her breath as required under s. 316.1932(1)(a)1.a. is subject 207
317+to mandatory placement, at the person's own expense, of an 208
318+ignition interlock device approved by the department in 209
319+accordance with s. 316.1938 on all vehicles individually or 210
320+jointly leased or owned and routinely operated by the person for 211
321+1 continuous year for a first refusal, or 18 continuous months 212
322+for a second or subsequent refusal, when the person qualifies 213
323+for reinstatement of a permanent or restricted driver license. 214
324+This subsection applies in addition to any other p enalties 215
325+authorized by this section. 216
326+ (2)(1) A person who has refused to submit to a chemical or 217
327+physical test of his or her breath or urine, as described in s. 218
328+316.1932, and whose driving privilege was previously suspended 219
329+or who was previously fined und er s. 327.35215 for a prior 220
330+refusal to submit to a lawful test of his or her breath, urine, 221
331+or blood required under this chapter or chapter 327, and: 222
332+ (a) Who the arresting law enforcement officer had probable 223
333+cause to believe was driving or in actual phy sical control of a 224
334+motor vehicle in this state while under the influence of 225
335335
336-CS/CS/HB 197 2023
336+CS/HB 197 2023
337337
338338
339339
340340 CODING: Words stricken are deletions; words underlined are additions.
341-hb0197-02-c2
342-Page 10 of 20
341+hb0197-01-c1
342+Page 10 of 14
343343 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
344344
345345
346346
347-316.1932, and whose driving privilege was previously suspended 226
348-or who was previously fined under s. 327.35215 for a prior 227
349-refusal to submit to a lawful test of his or her breath, urine, 228
350-or blood required under this chapter or chapter 327, and: 229
351- (a) Who the arresting law enforcement officer had probable 230
352-cause to believe was driving or in actual physical control of a 231
353-motor vehicle in this state while under the influence of 232
354-alcoholic beverages, chemical substances, or controlled 233
355-substances; 234
356- (b) Who was placed under lawful arrest for a violation of 235
357-s. 316.193 unless such test was requested pursuant to s. 236
358-316.1932(1)(c); 237
359- (c) Who was informed that :, 238
360- 1. If he or she refused to submit to a lawful test of his 239
361-or her breath, his or her privilege t o operate a motor vehicle 240
362-would be suspended for 1 year for a first refusal or 18 months 241
363-for a second or subsequent refusal, and that he or she would be 242
364-subject to mandatory placement, at his or her own expense, of an 243
365-ignition interlock device approved by the department in 244
366-accordance with s. 316.1938, for 1 continuous year for a first 245
367-refusal, or 18 continuous months for a second or subsequent 246
368-refusal, on all vehicles that he or she individually or jointly 247
369-leases or owns and routinely operates, when he or s he qualifies 248
370-for reinstatement of a permanent or restricted driver license; 249
371-or 250
347+alcoholic beverages, chemical substances, or controlled 226
348+substances; 227
349+ (b) Who was placed under lawful arrest for a violation of 228
350+s. 316.193 unless such test was requested pursuant t o s. 229
351+316.1932(1)(c); 230
352+ (c) Who was informed that :, 231
353+ 1. If he or she refused to submit to a lawful test of his 232
354+or her breath, his or her privilege to operate a motor vehicle 233
355+would be suspended for 1 year for a first refusal or 18 months 234
356+for a second or subsequent refusal, and that he or she would be 235
357+subject to mandatory placement, at his or her own expense, of an 236
358+ignition interlock device approved by the department in 237
359+accordance with s. 316.1938, for 1 continuous year for a first 238
360+refusal, or 18 continuous months for a second or subsequent 239
361+refusal, on all vehicles that he or she individually or jointly 240
362+leases or owns and routinely operates, when he or she qualifies 241
363+for reinstatement of a permanent or restricted driver license; 242
364+or 243
365+ 2. If he or she refused to submit to a lawful such test of 244
366+his or her urine, his or her privilege to operate a motor 245
367+vehicle would be suspended for a period of 1 year for a first 246
368+refusal or, in the case of a second or subsequent refusal, for a 247
369+period of 18 months for a second or subsequent refusal; 248
370+ (d) Who was informed that a refusal to submit to a lawful 249
371+test of his or her breath or urine, if his or her driving 250
372372
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374374
375375
376376
377377 CODING: Words stricken are deletions; words underlined are additions.
378-hb0197-02-c2
379-Page 11 of 20
378+hb0197-01-c1
379+Page 11 of 14
380380 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
381381
382382
383383
384- 2. If he or she refused to submit to a lawful such test of 251
385-his or her urine, his or her privilege to operate a motor 252
386-vehicle would be suspended for a period of 1 year for a first 253
387-refusal or, in the case of a second or subsequent refusal, for a 254
388-period of 18 months for a second or subsequent refusal ; 255
389- (d) Who was informed that a refusal to submit to a lawful 256
390-test of his or her breath or urine, if his or her driving 257
391-privilege has been previously suspended or if he or she has 258
392-previously been fined under s. 327.35215 for a prior refusal to 259
393-submit to a lawful test of his or her breath, urine, or blood as 260
394-required under this chapter or chapter 327, is a misdemeanor of 261
395-the first degree, punishable as provided in s. 775.082 or s. 262
396-775.083, in addition to any other penalties provided by law; and 263
397- (e) Who, after having been so informed, refused to submit 264
398-to any such test when requested to do so by a law enforcement 265
399-officer or correctional officer 266
400- 267
401-commits a misdemeanor of the first degree and is subject to 268
402-punishment as provided in s. 775.082 or s. 775.083. 269
403- (3)(2) The disposition of any administrative proceeding 270
404-that relates to the suspension of a person's driving privilege 271
405-does not affect a criminal action under subsection (2) this 272
406-section. 273
407- (4)(3) The disposition of a criminal action under 274
408-subsection (2) this section does not affect any administrative 275
384+privilege has been previously suspended or if he or she has 251
385+previously been fined under s. 327.35215 for a prior refusal to 252
386+submit to a lawful test of his or her breath, urine, or blood as 253
387+required under this chapter or chapter 327, is a misdemeanor of 254
388+the first degree, punishable as provided in s. 775.082 or s. 255
389+775.083, in addition to any other penalties provided by law; a nd 256
390+ (e) Who, after having been so informed, refused to submit 257
391+to any such test when requested to do so by a law enforcement 258
392+officer or correctional officer 259
393+ 260
394+commits a misdemeanor of the first degree and is subject to 261
395+punishment as provided in s. 775.082 o r s. 775.083. 262
396+ (3)(2) The disposition of any administrative proceeding 263
397+that relates to the suspension of a person's driving privilege 264
398+does not affect a criminal action under subsection (2) this 265
399+section. 266
400+ (4)(3) The disposition of a criminal action under 267
401+subsection (2) this section does not affect any administrative 268
402+proceeding that relates to the suspension of a person's driving 269
403+privilege. The department's records showing that a person's 270
404+license has been previously suspended for a prior refusal to 271
405+submit to a lawful test of his or her breath, urine, or blood is 272
406+shall be admissible and creates shall create a rebuttable 273
407+presumption of such suspension. 274
408+ Section 3. Paragraph (a) of subsection (10) of section 275
409409
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412412
413413
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415-hb0197-02-c2
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417417 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
418418
419419
420420
421-proceeding that relates to the suspension of a person's driving 276
422-privilege. The departm ent's records showing that a person's 277
423-license has been previously suspended for a prior refusal to 278
424-submit to a lawful test of his or her breath, urine, or blood is 279
425-shall be admissible and creates shall create a rebuttable 280
426-presumption of such suspension. 281
427- Section 3. Subsections (12) through (16) of section 282
428-322.2615, Florida Statutes, are renumbered as subsections (13) 283
429-through (17), respectively, subsection (1) and paragraph (a) of 284
430-subsection (10) are amended, and a new subsection (12) is added 285
431-to that section, to read: 286
432- 322.2615 Suspension of license; right to review. — 287
433- (1)(a) A law enforcement officer or correctional officer 288
434-shall, on behalf of the department, suspend the driving 289
435-privilege of a person who is driving or in actual physical 290
436-control of a motor vehicle and who has an unlawful blood -alcohol 291
437-level or breath-alcohol level of 0.08 or higher, or of a person 292
438-who has refused to submit to a urine test or a test of his or 293
439-her breath-alcohol or blood-alcohol level. The officer shall 294
440-take the person's driver license and issue the person a 10 -day 295
441-temporary permit if the person is otherwise eligible for the 296
442-driving privilege and shall issue the person a notice of 297
443-suspension. If a blood test has been administered, the officer 298
444-or the agency employing the off icer shall transmit such results 299
445-to the department within 5 days after receipt of the results. If 300
421+322.2615, Florida Statutes, is amended to read: 276
422+ 322.2615 Suspension of license; right to review. — 277
423+ (10) A person whose driver license is suspended under 278
424+subsection (1) or subsection (3) may apply for issuance of a 279
425+license for business or employment purposes only if the person 280
426+is otherwise eligible for the driving privilege pursuant to s. 281
427+322.271. 282
428+ (a) If the suspension of the driver license of the person 283
429+for failure to submit to a breath, urine, or blood test is 284
430+sustained, the person is not eligible to receive a license for 285
431+business or employment purposes only, pursuant to s. 322.271, 286
432+until 30 90 days have elapsed after the expiration of the last 287
433+temporary permit issued. If the driver is not issued a 10 -day 288
434+permit pursuant to this section or s. 322.64 because he or she 289
435+is ineligible for the permit and the suspension for failure to 290
436+submit to a breath, urine, or blood test is not invalidated by 291
437+the department, the driver is not eligible to receive a business 292
438+or employment license pursuant to s. 322.271 until 30 90 days 293
439+have elapsed from the date of the suspension. 294
440+ Section 4. Subsection (5) of secti on 322.2715, Florida 295
441+Statutes, is renumbered as subsection (6), subsection (1) is 296
442+amended, and a new subsection (5) is added to that section, to 297
443+read: 298
444+ 322.2715 Ignition interlock device. — 299
445+ (1) Before issuing a permanent or restricted driver 300
446446
447-CS/CS/HB 197 2023
447+CS/HB 197 2023
448448
449449
450450
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452-hb0197-02-c2
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454454 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
455455
456456
457457
458-the department then determines that the person had a blood -301
459-alcohol level or breath -alcohol level of 0.08 or higher, the 302
460-department shall suspend the person's driver license pursuant to 303
461-subsection (3). 304
462- (b) The suspension under paragraph (a) shall be pursuant 305
463-to, and the notice of suspension shall inform the driver of, the 306
464-following: 307
465- 1.a. The driver refused to submit to a lawful breath , 308
466-blood, or urine test and his or her driving privilege is 309
467-suspended for a period of 1 year for a first refusal or for a 310
468-period of 18 months if his or her driving privilege has been 311
469-previously suspended as a result of a refusal to submit to such 312
470-a test, and he or she is su bject to mandatory placement, at his 313
471-or her own expense, of an ignition interlock device approved by 314
472-the department in accordance with s. 316.1938 for 1 continuous 315
473-year for a first refusal, or 18 continuous months for a second 316
474-or subsequent refusal, on all vehicles that he or she 317
475-individually or jointly leases or owns and routinely operates, 318
476-when he or she qualifies for reinstatement of a permanent or 319
477-restricted driver license; 320
478- b. The driver refused to submit to a lawful blood or urine 321
479-test and his or her driving privilege is suspended for 1 year 322
480-for a first refusal or for 18 months if his or her driving 323
481-privilege has been previously suspended as a result of a refusal 324
482-to submit to such a test ; or 325
458+license under this chapter, the department shall require the 301
459+placement of a department -approved ignition interlock device for 302
460+any person convicted of committing an offense of driving under 303
461+the influence as specified in subsection (3), or for any person 304
462+who refused to submit to a lawful test of his or her breath as 305
463+specified in subsection (5), except that consideration may be 306
464+given to those individuals having a documented medical condition 307
465+that would prohibit the device from functioning normally. If a 308
466+medical waiver has been granted for a convicted person seeking a 309
467+restricted license, the convicted person shall not be entitled 310
468+to a restricted license until the required ignition interlock 311
469+device installation period under subsection (3) or subsection 312
470+(5) expires, in addition to the time requirements under s. 313
471+322.271. If a medical waiver has been approved for a convicted 314
472+person seeking permanent reinstatement of the driver license, 315
473+the convicted person must be restricted to an employment -316
474+purposes-only license and be supervis ed by a licensed DUI 317
475+program until the required ignition interlock device 318
476+installation period under subsection (3) or subsection (5) 319
477+expires. An interlock device shall be placed on all vehicles 320
478+that are individually or jointly leased or owned and routinely 321
479+operated by the convicted person. 322
480+ (5) If a person refused to submit to a lawful test of his 323
481+or her breath as required by s. 316.1932(1)(a)1.a., he or she 324
482+must install, at his or her own expense, an ignition interlock 325
483483
484-CS/CS/HB 197 2023
484+CS/HB 197 2023
485485
486486
487487
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489-hb0197-02-c2
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491491 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
492492
493493
494494
495- c.b. The driver was driving or in actual physical control 326
496-of a motor vehicle and had an unlawful blood -alcohol level or 327
497-breath-alcohol level of 0.08 or higher and his or her driving 328
498-privilege is suspended for a period of 6 months for a first 329
499-offense or for a period of 1 year if his or her driving 330
500-privilege has been previously suspended under this section. 331
501- 2. The suspension period shall commence on the date of 332
502-issuance of the notice of suspension. 333
503- 3. The driver may request a formal or informal review of 334
504-the suspension by the department within 10 days after the date 335
505-of issuance of the notice of suspension or may request a review 336
506-of eligibility for a restricted driving privilege under s. 337
507-322.271(7). 338
508- 4. The temporary permit issued at the time of suspension 339
509-expires at midnight of the 10th day following the date of 340
510-issuance of the notice of suspension. 341
511- 5. The driver may submit to the department any materials 342
512-relevant to the suspension. 343
513- (10) A person whose driver license is suspended under 344
514-subsection (1) or subsection (3) may apply for issuance of a 345
515-license for business or employment purposes only if the person 346
516-is otherwise eligible for the driving privilege pursuant to s. 347
517-322.271. 348
518- (a) If the suspension of the driver license of the person 349
519-for failure to submit to a breath, urine, or blood test is 350
520-
521-CS/CS/HB 197 2023
522-
523-
524-
525-CODING: Words stricken are deletions; words underlined are additions.
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527-Page 15 of 20
528-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
529-
530-
531-
532-sustained, the person is not eligible to receive a license for 351
533-business or employment purposes only, pursuant to s. 322.271, 352
534-until 30 90 days have elapsed after the expiration of the last 353
535-temporary permit issued. If the driver is not issued a 10 -day 354
536-permit pursuant to th is section or s. 322.64 because he or she 355
537-is ineligible for the permit and the suspension for failure to 356
538-submit to a breath, urine, or blood test is not invalidated by 357
539-the department, the driver is not eligible to receive a business 358
540-or employment license p ursuant to s. 322.271 until 30 90 days 359
541-have elapsed from the date of the suspension. 360
542- (12) If a person whose driver license is suspended for 361
543-refusal to submit to a lawful breath test has his or her driver 362
544-license suspension invalidated for any reason unde r this 363
545-section, the requirement that he or she install an ignition 364
546-interlock device for refusal to submit to a lawful test of his 365
547-or her breath under s. 316.1939(1) is waived. 366
548- Section 4. Subsections (13) through (19) of section 367
549-322.2616, Florida Statut es, are renumbered as subsections (14) 368
550-through (20), respectively, subsection (2) is amended, and a new 369
551-subsection (13) is added to that section, to read: 370
552- 322.2616 Suspension of license; persons under 21 years of 371
553-age; right to review. — 372
554- (2)(a) A law enforcement officer or correctional officer 373
555-shall, on behalf of the department, suspend the driving 374
556-privilege of such person if the person has a blood -alcohol or 375
557-
558-CS/CS/HB 197 2023
559-
560-
561-
562-CODING: Words stricken are deletions; words underlined are additions.
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565-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
566-
567-
568-
569-breath-alcohol level of 0.02 or higher. The officer shall also 376
570-suspend, on behalf of the departme nt, the driving privilege of a 377
571-person who has refused to submit to a test as provided by 378
572-paragraph (b). The officer shall take the person's driver 379
573-license and issue the person a 10 -day temporary driving permit 380
574-if the person is otherwise eligible for the dr iving privilege 381
575-and shall issue the person a notice of suspension. 382
576- (b) The suspension under paragraph (a) must be pursuant 383
577-to, and the notice of suspension must inform the driver of, the 384
578-following: 385
579- 1.a. The driver refused to submit to a lawful breath t est 386
580-and his or her driving privilege is suspended for a period of 1 387
581-year for a first refusal or for a period of 18 months if his or 388
582-her driving privilege has been previously suspended as provided 389
583-in this section as a result of a refusal to submit to a test , 390
584-and he or she is subject to mandatory placement, at his or her 391
585-own expense, of an ignition interlock device approved by the 392
586-department in accordance with s. 316.1938 for 1 continuous year 393
587-for a first refusal, or 18 continuous months for a second or 394
588-subsequent refusal, on all vehicles that he or she individually 395
589-or jointly leases or owns and routinely operates, when he or she 396
590-qualifies for reinstatement of a permanent or restricted driver 397
591-license; or 398
592- b. The driver was under the age of 21 and was driving or 399
593-in actual physical control of a motor vehicle while having a 400
594-
595-CS/CS/HB 197 2023
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597-
598-
599-CODING: Words stricken are deletions; words underlined are additions.
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602-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
603-
604-
605-
606-blood-alcohol or breath-alcohol level of 0.02 or higher; and the 401
607-person's driving privilege is suspended for a period of 6 months 402
608-for a first violation, or for a period of 1 year if his or her 403
609-driving privilege has been previously suspended as provided in 404
610-this section for driving or being in actual physical control of 405
611-a motor vehicle with a blood -alcohol or breath-alcohol level of 406
612-0.02 or higher. 407
613- 2. The suspension period commences on the date of issuance 408
614-of the notice of suspension. 409
615- 3. The driver may request a formal or informal review of 410
616-the suspension by the department within 10 days after the 411
617-issuance of the notice of suspension. 412
618- 4. A temporary permit issued at the time of the issuance 413
619-of the notice of suspension shall not become effective until 414
620-after 12 hours have elapsed and will expire at midnight of the 415
621-10th day following the date of issuance. 416
622- 5. The driver may submit to the department any materials 417
623-relevant to the suspension of hi s or her license. 418
624- (c) When a driver subject to this section has a blood -419
625-alcohol or breath-alcohol level of 0.05 or higher, the 420
626-suspension shall remain in effect until such time as the driver 421
627-has completed a substance abuse course offered by a DUI program 422
628-licensed by the department. The driver shall assume the 423
629-reasonable costs for the substance abuse course. As part of the 424
630-substance abuse course, the program shall conduct a substance 425
631-
632-CS/CS/HB 197 2023
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634-
635-
636-CODING: Words stricken are deletions; words underlined are additions.
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639-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
640-
641-
642-
643-abuse evaluation of the driver, and notify the parents or legal 426
644-guardians of drivers under the age of 19 years of the results of 427
645-the evaluation. The term "substance abuse" means the abuse of 428
646-alcohol or any substance named or described in Schedules I 429
647-through V of s. 893.03. If a driver fails to complete the 430
648-substance abuse educa tion course and evaluation, the driver 431
649-license shall not be reinstated by the department. 432
650- (d) A minor under the age of 18 years proven to be driving 433
651-with a blood-alcohol or breath-alcohol level of 0.02 or higher 434
652-may be taken by a law enforcement officer to the addictions 435
653-receiving facility in the county in which the minor is found to 436
654-be so driving, if the county makes the addictions receiving 437
655-facility available for such purpose. 438
656- (13) If a person whose driver license is suspended for 439
657-refusal to submit to a lawful breath test has his or her driver 440
658-license suspension invalidated for any reason under this 441
659-section, the requirement that he or she install an ignition 442
660-interlock device for refusal to submit to a lawful test of his 443
661-or her breath under s. 316.1939( 1) is waived. 444
662- Section 5. Subsection (5) of section 322.2715, Florida 445
663-Statutes, is renumbered as subsection (6), subsection (1) is 446
664-amended, and a new subsection (5) is added to that section, to 447
665-read: 448
666- 322.2715 Ignition interlock device. — 449
667- (1) Before issuing a permanent or restricted driver 450
668-
669-CS/CS/HB 197 2023
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671-
672-
673-CODING: Words stricken are deletions; words underlined are additions.
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676-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
677-
678-
679-
680-license under this chapter, the department shall require the 451
681-placement of a department -approved ignition interlock device for 452
682-any person convicted of committing an offense of driving under 453
683-the influence as specified in subsection (3), or for any person 454
684-who refused to submit to a lawful test of his or her breath as 455
685-specified in subsection (5), except that consideration may be 456
686-given to those individuals having a documented medical condition 457
687-that would prohibit the device from functioning normally. If a 458
688-medical waiver has been granted for a convicted person seeking a 459
689-restricted license, the convicted person shall not be entitled 460
690-to a restricted license until the required ignition interlock 461
691-device installation period under subsection (3) or subsection 462
692-(5) expires, in addition to the time requirements under s. 463
693-322.271. If a medical waiver has been approved for a convicted 464
694-person seeking permanent reinstatement of the driver license, 465
695-the convicted person must be restricted to an employment -466
696-purposes-only license and be supervised by a licensed DUI 467
697-program until the required ignition interlock device 468
698-installation period under subsection (3) or subsection (5) 469
699-expires. An interlock device shall be placed on all vehicl es 470
700-that are individually or jointly leased or owned and routinely 471
701-operated by the convicted person. 472
702- (5) If a person refused to submit to a lawful test of his 473
703-or her breath as required by s. 316.1932(1)(a)1.a., he or she 474
704-must install, at his or her own ex pense, an ignition interlock 475
705-
706-CS/CS/HB 197 2023
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708-
709-
710-CODING: Words stricken are deletions; words underlined are additions.
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713-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
714-
715-
716-
717-device on all vehicles individually or jointly leased or owned 476
718-and routinely operated by the person for 1 continuous year for a 477
719-first refusal or for 18 continuous months for a second or 478
720-subsequent refusal upon reinstatement of a permanent or 479
721-restricted driver license. 480
722- Section 6. This act shall take effect October 1, 2023. 481
495+device on all vehicles individually or jointly leased or owned 326
496+and routinely operated by the person for 1 continuous year for a 327
497+first refusal or for 18 continuous months for a second or 328
498+subsequent refusal. 329
499+ Section 5. This act shall take effect October 1, 2023. 330