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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 refusal to submit to a breath, 2
urine, or blood test; amending s. 316.1932, F.S.; 3
requiring a person arrested for driving under the 4
influence who refuses to submit to a lawful test of 5
his or her breath to be told that he or she is subject 6
to mandatory placement, for a specified period, of an 7
ignition interlock device on all vehicles that are 8
individually or jointly leased or owned and routinely 9
operated by the person; amending s. 316.1939, F.S.; 10
requiring a person arrested for driving unde r the 11
influence who refuses to submit to a lawful test of 12
his or her breath to be subject to mandatory 13
placement, for a specified period, of an ignition 14
interlock device on all vehicles that are individually 15
or jointly leased or owned and routinely operate d by 16
the person; conforming provisions to changes made by 17
the act; amending s. 322.2615, F.S.; requiring certain 18
information to be contained in a notice of suspension; 19
decreasing the period during which a person whose 20
driver license is suspended for failur e to submit to a 21
breath, urine, or blood test is not eligible to 22
receive a license for business or employment purposes 23
only; waiving the requirement to install an ignition 24
interlock device under certain circumstances; amending 25
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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
s. 322.2616, F.S.; requiring certain information to be 26
contained in a notice of suspension; waiving the 27
requirement to install an ignition interlock device 28
under certain circumstances; amending s. 322.2715, 29
F.S.; directing the Department of Highway Safety and 30
Motor Vehicles to require placement of an ignition 31
interlock device before issuing a permanent or 32
restricted driver license to a person who refused to 33
submit to a lawful test of his or her breath; 34
requiring the person to install the device at his or 35
her own expense for a specified period; providing an 36
effective date. 37
38
Be It Enacted by the Legislature of the State of Florida: 39
40
Section 1. Paragraph (a) of subsection (1) of section 41
316.1932, Florida Statutes, is amended to read: 42
316.1932 Tests for alcohol, chemical substance s, or 43
controlled substances; implied consent; refusal. — 44
(1)(a)1.a. A person who accepts the privilege extended by 45
the laws of this state of operating a motor vehicle within this 46
state is, by operating such vehicle, deemed to have given his or 47
her consent to submit to an approved chemical test or physical 48
test including, but not limited to, an infrared light test of 49
his or her breath for the purpose of determining the alcoholic 50
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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 51
arrested for any offense allegedly committed while the person 52
was driving or was in actual physical control of a motor vehicle 53
while under the influence of alcoholic beverages. The chemical 54
or physical breath test must be incidental to a lawful arrest 55
and administered at the request of a law enforcement officer who 56
has reasonable cause to believe such person was driving or was 57
in actual physical control of the motor vehicle within this 58
state while under the influence of alcoholic beverages. The 59
administration of a breath test does not preclude the 60
administration of another type of test. The person must shall be 61
told that his or her failure to submit to any lawful test of his 62
or her breath will, for a first refusal, result in the 63
suspension of the person's privilege to oper ate a motor vehicle 64
for a period of 1 year and the person will be subject to 65
mandatory placement for 1 continuous year, at the person's own 66
expense, of an ignition interlock device approved by the 67
department in accordance with s. 316.1938 on all vehicles t hat 68
are individually or jointly leased or owned and routinely 69
operated by the person, when the person qualifies for 70
reinstatement of a permanent or restricted driver license. for a 71
first refusal, or for a period of 18 months If the driving 72
privilege of such person has been previously suspended or if he 73
or she has previously been fined under s. 327.35215 as a result 74
of a refusal to submit to a test or tests required under this 75
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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
chapter or chapter 327, the person must be told that his or her 76
failure to submit to any lawful test of his or her breath will 77
result in the suspension of the person's privilege to operate a 78
motor vehicle for 18 months and the person will be subject to 79
mandatory placement for 18 continuous months, at the person's 80
own expense, of an igni tion interlock device approved by the 81
department in accordance with s. 316.1938 on all vehicles that 82
are individually or jointly leased or owned and routinely 83
operated by the person, when the person qualifies for 84
reinstatement of a permanent or restricted driver license. The 85
person must and shall also be told that if he or she refuses to 86
submit to a lawful test of his or her breath and his or her 87
driving privilege has been previously suspended or if he or she 88
has previously been fined under s. 327.35215 for a prior refusal 89
to submit to a lawful test of his or her breath, urine, or blood 90
as required under this chapter or chapter 327, he or she commits 91
a misdemeanor of the first degree, punishable as provided in s. 92
775.082 or s. 775.083, in addition to any oth er penalties 93
provided by law. The refusal to submit to a chemical or physical 94
breath test upon the request of a law enforcement officer as 95
provided in this section is admissible into evidence in any 96
criminal proceeding. 97
b. A person who accepts the privil ege extended by the laws 98
of this state of operating a motor vehicle within this state is, 99
by operating such vehicle, deemed to have given his or her 100
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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
consent to submit to a urine test for the purpose of detecting 101
the presence of chemical substances as set f orth in s. 877.111 102
or controlled substances if the person is lawfully arrested for 103
any offense allegedly committed while the person was driving or 104
was in actual physical control of a motor vehicle while under 105
the influence of chemical substances or control led substances. 106
The urine test must be incidental to a lawful arrest and 107
administered at a detention facility or any other facility, 108
mobile or otherwise, which is equipped to administer such tests 109
at the request of a law enforcement officer who has reasona ble 110
cause to believe such person was driving or was in actual 111
physical control of a motor vehicle within this state while 112
under the influence of chemical substances or controlled 113
substances. The urine test must shall be administered at a 114
detention facility or any other facility, mobile or otherwise, 115
which is equipped to administer such test in a reasonable manner 116
that will ensure the accuracy of the specimen and maintain the 117
privacy of the individual involved. The administration of a 118
urine test does not pre clude the administration of another type 119
of test. The person must shall be told that his or her failure 120
to submit to any lawful test of his or her urine will result in 121
the suspension of the person's privilege to operate a motor 122
vehicle for a period of 1 year for the first refusal, or for a 123
period of 18 months if the driving privilege of such person has 124
been previously suspended or if he or she has previously been 125
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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
fined under s. 327.35215 as a result of a refusal to submit to a 126
test or tests required under t his chapter or chapter 327, and 127
must shall also be told that if he or she refuses to submit to a 128
lawful test of his or her urine and his or her driving privilege 129
has been previously suspended or if he or she has previously 130
been fined under s. 327.35215 for a prior refusal to submit to a 131
lawful test of his or her breath, urine, or blood as required 132
under this chapter or chapter 327, he or she commits a 133
misdemeanor of the first degree, punishable as provided in s. 134
775.082 or s. 775.083, in addition to any oth er penalties 135
provided by law. The refusal to submit to a urine test upon the 136
request of a law enforcement officer as provided in this section 137
is admissible into evidence in any criminal proceeding. 138
2. The Alcohol Testing Program within the Department of 139
Law Enforcement is responsible for the regulation of the 140
operation, inspection, and registration of breath test 141
instruments used utilized under the driving and boating under 142
the influence provisions and related provisions located in this 143
chapter and chapters 322 and 327. The program is responsible for 144
the regulation of the individuals who operate, inspect, and 145
instruct on the breath test instruments used utilized in the 146
driving and boating under the influence provisions and related 147
provisions located in thi s chapter and chapters 322 and 327. The 148
program is further responsible for the regulation of blood 149
analysts who conduct blood testing to be used utilized under the 150
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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
driving and boating under the influence provisions and related 151
provisions located in this ch apter and chapters 322 and 327. The 152
program must shall: 153
a. Establish uniform criteria for the issuance of permits 154
to breath test operators, agency inspectors, instructors, blood 155
analysts, and instruments. 156
b. Have the authority to permit breath test ope rators, 157
agency inspectors, instructors, blood analysts, and instruments. 158
c. Have the authority to discipline and suspend, revoke, 159
or renew the permits of breath test operators, agency 160
inspectors, instructors, blood analysts, and instruments. 161
d. Establish uniform requirements for instruction and 162
curricula for the operation and inspection of approved 163
instruments. 164
e. Have the authority to specify one approved curriculum 165
for the operation and inspection of approved instruments. 166
f. Establish a procedure for the approval of breath test 167
operator and agency inspector classes. 168
g. Have the authority to approve or disapprove breath test 169
instruments and accompanying paraphernalia for use pursuant to 170
the driving and boating under the influence provisions and 171
related provisions located in this chapter and chapters 322 and 172
327. 173
h. With the approval of the executive director of the 174
Department of Law Enforcement, make and enter into contracts and 175
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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
agreements with other agencies, organizations, associations, 176
corporations, individuals, or federal agencies as are necessary, 177
expedient, or incidental to the performance of duties. 178
i. Issue final orders that which include findings of fact 179
and conclusions of law and that which constitute final agency 180
action for the purpose of chapter 120. 181
j. Enforce compliance with this section through civil or 182
administrative proceedings. 183
k. Make recommendations concerning any matter within the 184
purview of this section, this chapter, chapter 322, or chapter 185
327. 186
l. Adopt Promulgate rules for the administration and 187
implementation of this section, including definitions of terms. 188
m. Consult and cooperate with other entities for the 189
purpose of implementing the mandates of this section. 190
n. Have the authority to approve the type o f blood test 191
used utilized under the driving and boating under the influence 192
provisions and related provisions located in this chapter and 193
chapters 322 and 327. 194
o. Have the authority to specify techniques and methods 195
for breath alcohol testing and blood testing used utilized under 196
the driving and boating under the influence provisions and 197
related provisions located in this chapter and chapters 322 and 198
327. 199
p. Have the authority to approve repair facilities for the 200
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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
approved breath test instruments, inclu ding the authority to set 201
criteria for approval. 202
203
Nothing in This section does not shall be construed to supersede 204
provisions in this chapter and chapters 322 and 327. The 205
specifications in this section are derived from the power and 206
authority previously a nd currently possessed by the Department 207
of Law Enforcement and are enumerated to conform with the 208
mandates of chapter 99 -379, Laws of Florida. 209
Section 2. Section 316.1939, Florida Statutes, is amended 210
to read: 211
316.1939 Refusal to submit to testing; penalties.— 212
(1) A person who refuses to submit to a lawful test of his 213
or her breath as required under s. 316.1932(1)(a)1.a. is subject 214
to mandatory placement, at the person's own expense, of an 215
ignition interlock device approved by the department in 216
accordance with s. 316.1938 on all vehicles individually or 217
jointly leased or owned and routinely operated by the person for 218
1 continuous year for a first refusal, or 18 continuous months 219
for a second or subsequent refusal, when the person qualifies 220
for reinstatement of a permanent or restricted driver license. 221
This subsection applies in addition to any other penalties 222
authorized by this section. 223
(2)(1) A person who has refused to submit to a chemical or 224
physical test of his or her breath or urine, as des cribed in s. 225
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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
316.1932, and whose driving privilege was previously suspended 226
or who was previously fined under s. 327.35215 for a prior 227
refusal to submit to a lawful test of his or her breath, urine, 228
or blood required under this chapter or chapter 327, and: 229
(a) Who the arresting law enforcement officer had probable 230
cause to believe was driving or in actual physical control of a 231
motor vehicle in this state while under the influence of 232
alcoholic beverages, chemical substances, or controlled 233
substances; 234
(b) Who was placed under lawful arrest for a violation of 235
s. 316.193 unless such test was requested pursuant to s. 236
316.1932(1)(c); 237
(c) Who was informed that :, 238
1. If he or she refused to submit to a lawful test of his 239
or her breath, his or her privilege t o operate a motor vehicle 240
would be suspended for 1 year for a first refusal or 18 months 241
for a second or subsequent refusal, and that he or she would be 242
subject to mandatory placement, at his or her own expense, of an 243
ignition interlock device approved by the department in 244
accordance with s. 316.1938, for 1 continuous year for a first 245
refusal, or 18 continuous months for a second or subsequent 246
refusal, on all vehicles that he or she individually or jointly 247
leases or owns and routinely operates, when he or s he qualifies 248
for reinstatement of a permanent or restricted driver license; 249
or 250
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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
2. If he or she refused to submit to a lawful such test of 251
his or her urine, his or her privilege to operate a motor 252
vehicle would be suspended for a period of 1 year for a first 253
refusal or, in the case of a second or subsequent refusal, for a 254
period of 18 months for a second or subsequent refusal ; 255
(d) Who was informed that a refusal to submit to a lawful 256
test of his or her breath or urine, if his or her driving 257
privilege has been previously suspended or if he or she has 258
previously been fined under s. 327.35215 for a prior refusal to 259
submit to a lawful test of his or her breath, urine, or blood as 260
required under this chapter or chapter 327, is a misdemeanor of 261
the first degree, punishable as provided in s. 775.082 or s. 262
775.083, in addition to any other penalties provided by law; and 263
(e) Who, after having been so informed, refused to submit 264
to any such test when requested to do so by a law enforcement 265
officer or correctional officer 266
267
commits a misdemeanor of the first degree and is subject to 268
punishment as provided in s. 775.082 or s. 775.083. 269
(3)(2) The disposition of any administrative proceeding 270
that relates to the suspension of a person's driving privilege 271
does not affect a criminal action under subsection (2) this 272
section. 273
(4)(3) The disposition of a criminal action under 274
subsection (2) this section does not affect any administrative 275
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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
proceeding that relates to the suspension of a person's driving 276
privilege. The departm ent's records showing that a person's 277
license has been previously suspended for a prior refusal to 278
submit to a lawful test of his or her breath, urine, or blood is 279
shall be admissible and creates shall create a rebuttable 280
presumption of such suspension. 281
Section 3. Subsections (12) through (16) of section 282
322.2615, Florida Statutes, are renumbered as subsections (13) 283
through (17), respectively, subsection (1) and paragraph (a) of 284
subsection (10) are amended, and a new subsection (12) is added 285
to that section, to read: 286
322.2615 Suspension of license; right to review. — 287
(1)(a) A law enforcement officer or correctional officer 288
shall, on behalf of the department, suspend the driving 289
privilege of a person who is driving or in actual physical 290
control of a motor vehicle and who has an unlawful blood -alcohol 291
level or breath-alcohol level of 0.08 or higher, or of a person 292
who has refused to submit to a urine test or a test of his or 293
her breath-alcohol or blood-alcohol level. The officer shall 294
take the person's driver license and issue the person a 10 -day 295
temporary permit if the person is otherwise eligible for the 296
driving privilege and shall issue the person a notice of 297
suspension. If a blood test has been administered, the officer 298
or the agency employing the off icer shall transmit such results 299
to the department within 5 days after receipt of the results. If 300
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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
the department then determines that the person had a blood -301
alcohol level or breath -alcohol level of 0.08 or higher, the 302
department shall suspend the person's driver license pursuant to 303
subsection (3). 304
(b) The suspension under paragraph (a) shall be pursuant 305
to, and the notice of suspension shall inform the driver of, the 306
following: 307
1.a. The driver refused to submit to a lawful breath , 308
blood, or urine test and his or her driving privilege is 309
suspended for a period of 1 year for a first refusal or for a 310
period of 18 months if his or her driving privilege has been 311
previously suspended as a result of a refusal to submit to such 312
a test, and he or she is su bject to mandatory placement, at his 313
or her own expense, of an ignition interlock device approved by 314
the department in accordance with s. 316.1938 for 1 continuous 315
year for a first refusal, or 18 continuous months for a second 316
or subsequent refusal, on all vehicles that he or she 317
individually or jointly leases or owns and routinely operates, 318
when he or she qualifies for reinstatement of a permanent or 319
restricted driver license; 320
b. The driver refused to submit to a lawful blood or urine 321
test and his or her driving privilege is suspended for 1 year 322
for a first refusal or for 18 months if his or her driving 323
privilege has been previously suspended as a result of a refusal 324
to submit to such a test ; or 325
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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
c.b. The driver was driving or in actual physical control 326
of a motor vehicle and had an unlawful blood -alcohol level or 327
breath-alcohol level of 0.08 or higher and his or her driving 328
privilege is suspended for a period of 6 months for a first 329
offense or for a period of 1 year if his or her driving 330
privilege has been previously suspended under this section. 331
2. The suspension period shall commence on the date of 332
issuance of the notice of suspension. 333
3. The driver may request a formal or informal review of 334
the suspension by the department within 10 days after the date 335
of issuance of the notice of suspension or may request a review 336
of eligibility for a restricted driving privilege under s. 337
322.271(7). 338
4. The temporary permit issued at the time of suspension 339
expires at midnight of the 10th day following the date of 340
issuance of the notice of suspension. 341
5. The driver may submit to the department any materials 342
relevant to the suspension. 343
(10) A person whose driver license is suspended under 344
subsection (1) or subsection (3) may apply for issuance of a 345
license for business or employment purposes only if the person 346
is otherwise eligible for the driving privilege pursuant to s. 347
322.271. 348
(a) If the suspension of the driver license of the person 349
for failure to submit to a breath, urine, or blood test is 350
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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
sustained, the person is not eligible to receive a license for 351
business or employment purposes only, pursuant to s. 322.271, 352
until 30 90 days have elapsed after the expiration of the last 353
temporary permit issued. If the driver is not issued a 10 -day 354
permit pursuant to th is section or s. 322.64 because he or she 355
is ineligible for the permit and the suspension for failure to 356
submit to a breath, urine, or blood test is not invalidated by 357
the department, the driver is not eligible to receive a business 358
or employment license p ursuant to s. 322.271 until 30 90 days 359
have elapsed from the date of the suspension. 360
(12) If a person whose driver license is suspended for 361
refusal to submit to a lawful breath test has his or her driver 362
license suspension invalidated for any reason unde r this 363
section, the requirement that he or she install an ignition 364
interlock device for refusal to submit to a lawful test of his 365
or her breath under s. 316.1939(1) is waived. 366
Section 4. Subsections (13) through (19) of section 367
322.2616, Florida Statut es, are renumbered as subsections (14) 368
through (20), respectively, subsection (2) is amended, and a new 369
subsection (13) is added to that section, to read: 370
322.2616 Suspension of license; persons under 21 years of 371
age; right to review. — 372
(2)(a) A law enforcement officer or correctional officer 373
shall, on behalf of the department, suspend the driving 374
privilege of such person if the person has a blood -alcohol or 375
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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
breath-alcohol level of 0.02 or higher. The officer shall also 376
suspend, on behalf of the departme nt, the driving privilege of a 377
person who has refused to submit to a test as provided by 378
paragraph (b). The officer shall take the person's driver 379
license and issue the person a 10 -day temporary driving permit 380
if the person is otherwise eligible for the dr iving privilege 381
and shall issue the person a notice of suspension. 382
(b) The suspension under paragraph (a) must be pursuant 383
to, and the notice of suspension must inform the driver of, the 384
following: 385
1.a. The driver refused to submit to a lawful breath t est 386
and his or her driving privilege is suspended for a period of 1 387
year for a first refusal or for a period of 18 months if his or 388
her driving privilege has been previously suspended as provided 389
in this section as a result of a refusal to submit to a test , 390
and he or she is subject to mandatory placement, at his or her 391
own expense, of an ignition interlock device approved by the 392
department in accordance with s. 316.1938 for 1 continuous year 393
for a first refusal, or 18 continuous months for a second or 394
subsequent refusal, on all vehicles that he or she individually 395
or jointly leases or owns and routinely operates, when he or she 396
qualifies for reinstatement of a permanent or restricted driver 397
license; or 398
b. The driver was under the age of 21 and was driving or 399
in actual physical control of a motor vehicle while having a 400
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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
blood-alcohol or breath-alcohol level of 0.02 or higher; and the 401
person's driving privilege is suspended for a period of 6 months 402
for a first violation, or for a period of 1 year if his or her 403
driving privilege has been previously suspended as provided in 404
this section for driving or being in actual physical control of 405
a motor vehicle with a blood -alcohol or breath-alcohol level of 406
0.02 or higher. 407
2. The suspension period commences on the date of issuance 408
of the notice of suspension. 409
3. The driver may request a formal or informal review of 410
the suspension by the department within 10 days after the 411
issuance of the notice of suspension. 412
4. A temporary permit issued at the time of the issuance 413
of the notice of suspension shall not become effective until 414
after 12 hours have elapsed and will expire at midnight of the 415
10th day following the date of issuance. 416
5. The driver may submit to the department any materials 417
relevant to the suspension of hi s or her license. 418
(c) When a driver subject to this section has a blood -419
alcohol or breath-alcohol level of 0.05 or higher, the 420
suspension shall remain in effect until such time as the driver 421
has completed a substance abuse course offered by a DUI program 422
licensed by the department. The driver shall assume the 423
reasonable costs for the substance abuse course. As part of the 424
substance abuse course, the program shall conduct a substance 425
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abuse evaluation of the driver, and notify the parents or legal 426
guardians of drivers under the age of 19 years of the results of 427
the evaluation. The term "substance abuse" means the abuse of 428
alcohol or any substance named or described in Schedules I 429
through V of s. 893.03. If a driver fails to complete the 430
substance abuse educa tion course and evaluation, the driver 431
license shall not be reinstated by the department. 432
(d) A minor under the age of 18 years proven to be driving 433
with a blood-alcohol or breath-alcohol level of 0.02 or higher 434
may be taken by a law enforcement officer to the addictions 435
receiving facility in the county in which the minor is found to 436
be so driving, if the county makes the addictions receiving 437
facility available for such purpose. 438
(13) If a person whose driver license is suspended for 439
refusal to submit to a lawful breath test has his or her driver 440
license suspension invalidated for any reason under this 441
section, the requirement that he or she install an ignition 442
interlock device for refusal to submit to a lawful test of his 443
or her breath under s. 316.1939( 1) is waived. 444
Section 5. Subsection (5) of section 322.2715, Florida 445
Statutes, is renumbered as subsection (6), subsection (1) is 446
amended, and a new subsection (5) is added to that section, to 447
read: 448
322.2715 Ignition interlock device. — 449
(1) Before issuing a permanent or restricted driver 450
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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
license under this chapter, the department shall require the 451
placement of a department -approved ignition interlock device for 452
any person convicted of committing an offense of driving under 453
the influence as specified in subsection (3), or for any person 454
who refused to submit to a lawful test of his or her breath as 455
specified in subsection (5), except that consideration may be 456
given to those individuals having a documented medical condition 457
that would prohibit the device from functioning normally. If a 458
medical waiver has been granted for a convicted person seeking a 459
restricted license, the convicted person shall not be entitled 460
to a restricted license until the required ignition interlock 461
device installation period under subsection (3) or subsection 462
(5) expires, in addition to the time requirements under s. 463
322.271. If a medical waiver has been approved for a convicted 464
person seeking permanent reinstatement of the driver license, 465
the convicted person must be restricted to an employment -466
purposes-only license and be supervised by a licensed DUI 467
program until the required ignition interlock device 468
installation period under subsection (3) or subsection (5) 469
expires. An interlock device shall be placed on all vehicl es 470
that are individually or jointly leased or owned and routinely 471
operated by the convicted person. 472
(5) If a person refused to submit to a lawful test of his 473
or her breath as required by s. 316.1932(1)(a)1.a., he or she 474
must install, at his or her own ex pense, an ignition interlock 475
CS/CS/HB 197 2023
CODING: Words stricken are deletions; words underlined are additions.
hb0197-02-c2
Page 20 of 20
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
device on all vehicles individually or jointly leased or owned 476
and routinely operated by the person for 1 continuous year for a 477
first refusal or for 18 continuous months for a second or 478
subsequent refusal upon reinstatement of a permanent or 479
restricted driver license. 480
Section 6. This act shall take effect October 1, 2023. 481