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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 driving under the influence; 2
amending s. 316.193, F.S.; prohibiting a trial court 3
judge from accepting specified pleas when a person is 4
charged with the offense of driving under the 5
influence unless specified conditions are met; 6
amending s. 316.1932, F.S.; requiring that a person be 7
told that his or her failure to submit to a lawful 8
test of breath or urine is a second degree misdemeanor 9
or a first degree misdemeanor under certain 10
circumstances; making technical changes; amending s. 11
316.1939, F.S.; classifying a person's refusal to 12
submit to a chemical or physical test of breath or 13
urine as a second degree misdemeanor or a first degree 14
misdemeanor under certain circumstances; making 15
technical changes; creating s. 316.19395, F.S.; 16
authorizing judicial circuits to create a driving 17
under the influence diversion program; requiring that 18
the policies and procedures of the diversion program 19
be published on the website of the state attorney's 20
office; requiring each judicial circuit operating such 21
a diversion program to submit participant information 22
for persons who successfully complete the program to 23
the Department of Highway Safety and Motor Vehicles; 24
requiring the department to notate successful 25
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completion on the driving record of such participant s; 26
providing that a person who successfully completes 27
such a diversion program is ineligible for 28
participation in such a program in the future; 29
amending s. 316.656, F.S.; prohibiting a court from 30
suspending, deferring, or withholding adjudication of 31
guilt or imposition of sentence for a specified 32
violation; providing an effective date. 33
34
Be It Enacted by the Legislature of the State of Florida: 35
36
Section 1. Subsection (15) is added to section 316.193, 37
Florida Statutes, to read: 38
316.193 Driving und er the influence; penalties. — 39
(15) A trial court judge may not accept a plea of guilty 40
or no contest to a reduced charge, including a charge of 41
reckless driving brought under s. 316.192, from a person charged 42
with a violation of subsection (1) unless at least one of the 43
following applies: 44
(a) The trial court judge determines that there is a good 45
faith basis to believe that a reduction in such charge is 46
warranted. 47
(b) The defendant successfully completes a driving under 48
the influence diversion program in accordance with s. 316.19395. 49
Section 2. Paragraph (a) of subsection (1) of section 50
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316.1932, Florida Statutes, is amended to read: 51
316.1932 Tests for alcohol, chemical substances, or 52
controlled substances; implied consent; refusal. — 53
(1)(a)1.a. A person who accepts the privilege extended by 54
the laws of this state of operating a motor vehicle within this 55
state is, by operating such vehicle, deemed to have given his or 56
her consent to submit to an approved chemical test or physical 57
test including, but not limited to, an infrared light test of 58
his or her breath for the purpose of determining the alcoholic 59
content of his or her blood or breath if the person is lawfully 60
arrested for any offense allegedly committed while the person 61
was driving or was in actual physical control of a motor vehicle 62
while under the influence of alcoholic beverages. The chemical 63
or physical breath test must be incidental to a lawful arrest 64
and administered at the request of a law enforcement officer who 65
has reasonable cause to believe such person was driving or was 66
in actual physical control of the motor vehicle within this 67
state while under the influence of alcoholic beverages. The 68
administration of a breath test does not preclude the 69
administration of another type of test. Th e person must shall be 70
told that his or her failure to submit to any lawful test of his 71
or her breath will result in the suspension of his or her the 72
person's privilege to operate a motor vehicle as provided in s. 73
322.2615(1)(a) for a period of 1 year for a first refusal, or 74
for a period of 18 months if the driving privilege of such 75
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person has been previously suspended or if he or she has 76
previously been fined under s. 327.35215 as a result of a 77
refusal to submit to a test or tests required under this chapt er 78
or chapter 327, and must shall also be told that if he or she 79
refuses to submit to a lawful test of his or her breath and his 80
or her driving privilege has been previously suspended or if he 81
or she has previously been fined under s. 327.35215 for a prior 82
refusal to submit to a lawful test of his or her breath, urine, 83
or blood as required under this chapter or chapter 327 , he or 84
she commits a misdemeanor of the second first degree, punishable 85
as provided in s. 775.082 or s. 775.083, or a misdemeanor of the 86
first degree, punishable as provided in s. 775.082 or s. 87
775.083, if his or her driving privilege has been previously 88
suspended or if he or she has previously been fined under s. 89
327.35215 for a prior refusal to submit to a lawful test of his 90
or her breath, urine, or blood as required under this chapter or 91
chapter 327, in addition to any other penalties provided by law. 92
The refusal to submit to a chemical or physical breath test upon 93
the request of a law enforcement officer as provided in this 94
section is admissible into evidence in any criminal proceeding. 95
b. A person who accepts the privilege extended by the laws 96
of this state of operating a motor vehicle within this state is, 97
by operating such vehicle, deemed to have given his or her 98
consent to submit to a urine test for the purpose of detecting 99
the presence of chemical substances as set forth in s. 877.111 100
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or controlled substances if the person is lawfully arrested for 101
any offense allegedly committed while the person was driving or 102
was in actual physica l control of a motor vehicle while under 103
the influence of chemical substances or controlled substances. 104
The urine test must be incidental to a lawful arrest and 105
administered at a detention facility or any other facility, 106
mobile or otherwise, which is equip ped to administer such tests 107
at the request of a law enforcement officer who has reasonable 108
cause to believe such person was driving or was in actual 109
physical control of a motor vehicle within this state while 110
under the influence of chemical substances or controlled 111
substances. The urine test must shall be administered at a 112
detention facility or any other facility, mobile or otherwise, 113
which is equipped to administer such test in a reasonable manner 114
that will ensure the accuracy of the specimen and maintain the 115
privacy of the individual involved. The administration of a 116
urine test does not preclude the administration of another type 117
of test. The person must shall be told that his or her failure 118
to submit to any lawful test of his or her urine will result in 119
the suspension of his or her the person's privilege to operate a 120
motor vehicle for a period of 1 year for the first refusal, or 121
for a period of 18 months if the driving privilege of such 122
person has been previously suspended or if he or she has 123
previously been fined under s. 327.35215 as a result of a 124
refusal to submit to a test or tests required under this chapter 125
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or chapter 327, and must shall also be told that if he or she 126
refuses to submit to a lawful test of his or her urine and his 127
or her driving privi lege has been previously suspended or if he 128
or she has previously been fined under s. 327.35215 for a prior 129
refusal to submit to a lawful test of his or her breath, urine, 130
or blood as required under this chapter or chapter 327 , he or 131
she commits a misdemea nor of the second first degree, punishable 132
as provided in s. 775.082 or s. 775.083, or a misdemeanor of the 133
first degree, punishable as provided in s. 775.082 or s. 134
775.083, if his or her driving privilege has been previously 135
suspended or if he or she has previously been fined under s. 136
327.35215 for a prior refusal to submit to a lawful test of his 137
or her breath, urine, or blood as required under this chapter or 138
chapter 327, in addition to any other penalties provided by law. 139
The refusal to submit to a urin e test upon the request of a law 140
enforcement officer as provided in this section is admissible 141
into evidence in any criminal proceeding. 142
2. The Alcohol Testing Program within the Department of 143
Law Enforcement is responsible for the regulation of the 144
operation, inspection, and registration of breath test 145
instruments utilized under the driving and boating under the 146
influence provisions and related provisions located in this 147
chapter and chapters 322 and 327. The program is responsible for 148
the regulation of the individuals who operate, inspect, and 149
instruct on the breath test instruments utilized in the driving 150
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and boating under the influence provisions and related 151
provisions located in this chapter and chapters 322 and 327. The 152
program is further responsible for the regulation of blood 153
analysts who conduct blood testing to be utilized under the 154
driving and boating under the influence provisions and related 155
provisions located in this chapter and chapters 322 and 327. The 156
program shall: 157
a. Establish uniform cr iteria for the issuance of permits 158
to breath test operators, agency inspectors, instructors, blood 159
analysts, and instruments. 160
b. Have the authority to permit breath test operators, 161
agency inspectors, instructors, blood analysts, and instruments. 162
c. Have the authority to discipline and suspend, revoke, 163
or renew the permits of breath test operators, agency 164
inspectors, instructors, blood analysts, and instruments. 165
d. Establish uniform requirements for instruction and 166
curricula for the operation and in spection of approved 167
instruments. 168
e. Have the authority to specify one approved curriculum 169
for the operation and inspection of approved instruments. 170
f. Establish a procedure for the approval of breath test 171
operator and agency inspector classes. 172
g. Have the authority to approve or disapprove breath test 173
instruments and accompanying paraphernalia for use pursuant to 174
the driving and boating under the influence provisions and 175
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related provisions located in this chapter and chapters 322 and 176
327. 177
h. With the approval of the executive director of the 178
Department of Law Enforcement, make and enter into contracts and 179
agreements with other agencies, organizations, associations, 180
corporations, individuals, or federal agencies as are necessary, 181
expedient, or incide ntal to the performance of duties. 182
i. Issue final orders which include findings of fact and 183
conclusions of law and which constitute final agency action for 184
the purpose of chapter 120. 185
j. Enforce compliance with this section through civil or 186
administrative proceedings. 187
k. Make recommendations concerning any matter within the 188
purview of this section, this chapter, chapter 322, or chapter 189
327. 190
l. Adopt Promulgate rules for the administration and 191
implementation of this section, including definitions of terms. 192
m. Consult and cooperate with other entities for the 193
purpose of implementing the mandates of this section. 194
n. Have the authority to approve the type of blood test 195
utilized under the driving and boating under the influence 196
provisions and related provisions located in this chapter and 197
chapters 322 and 327. 198
o. Have the authority to specify techniques and methods 199
for breath alcohol testing and blood testing utilized under the 200
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driving and boating under the influence provisions and related 201
provisions located in this chapter and chapters 322 and 327. 202
p. Have the authority to approve repair facilities for the 203
approved breath test instruments, including the authority to set 204
criteria for approval. 205
206
Nothing in this section shall be construed to supersede 207
provisions in this chapter and chapters 322 and 327. The 208
specifications in this section are derived from the power and 209
authority previously and currently possessed by the Department 210
of Law Enforcement and are enumerated to conform with the 211
mandates of chapter 99-379, Laws of Florida. 212
Section 3. Section 316.1939, Florida Statutes, is amended 213
to read: 214
316.1939 Refusal to submit to testing; penalties. — 215
(1) A person who has refused to submit to a chemical or 216
physical test of his or her breath or urine, as described in s. 217
316.1932, commits a misdemeanor of the second degree, punishable 218
as provided in s. 775.082 or s. 775.083, in addition to any 219
other penalties provided by law, and such person whose driving 220
privilege was previously suspended or who was pr eviously fined 221
under s. 327.35215 for a prior refusal to submit to a lawful 222
test of his or her breath, urine, or blood required under this 223
chapter or chapter 327 commits a misdemeanor of the first 224
degree, punishable as provided in s. 775.082 or s. 775.083, in 225
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addition to any other penalties provided by law if all of the 226
following apply, and: 227
(a) Who The arresting law enforcement officer had probable 228
cause to believe that the person was driving or in actual 229
physical control of a motor vehicle in this state while under 230
the influence of alcoholic beverages, chemical substances, or 231
controlled substances .; 232
(b) The person Who was placed under lawful arrest for a 233
violation of s. 316.193 , unless such test was requested pursuant 234
to s. 316.1932(1)(c) .; 235
(c) The person Who was informed that, if he or she refused 236
to submit to such test, his or her privilege to operate a motor 237
vehicle would be suspended for a period of 1 year or, in the 238
case of a second or subsequent refusal, for a period of 18 239
months.; 240
(d) The person, after having been informed as required in 241
paragraph (c), still refuses Who was informed that a refusal to 242
submit to a lawful test of his or her breath or urine as 243
described in s. 316.1932 , if his or her driving privilege has 244
been previously suspended or if he or she has previously been 245
fined under s. 327.35215 for a prior refusal to submit to a 246
lawful test of his or her breath, urine, or blood as required 247
under this chapter or chapter 327, is a misdemeanor of the first 248
degree, punishable as provided i n s. 775.082 or s. 775.083, in 249
addition to any other penalties provided by law; and 250
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(e) Who, after having been so informed, refused to submit 251
to any such test when requested to do so by a law enforcement 252
officer or correctional officer 253
254
commits a misdemeanor of the first degree and is subject to 255
punishment as provided in s. 775.082 or s. 775.083 . 256
(2) The disposition of any administrative proceeding that 257
relates to the suspension of a person's driving privilege does 258
not affect a criminal action under thi s section. 259
(3) The disposition of a criminal action under this 260
section does not affect any administrative proceeding that 261
relates to the suspension of a person's driving privileg e. The 262
department's records showing that a person's license has been 263
previously suspended for a prior refusal to submit to a lawful 264
test of his or her breath, urine, or blood are shall be 265
admissible and create shall create a rebuttable presumption of 266
such suspension. 267
Section 4. Section 316.19395, Florida Statutes, is created 268
to read: 269
316.19395 Driving under the influence diversion programs. — 270
(1) Any judicial circuit may create a driving under the 271
influence diversion program. A judicial circuit that creates 272
such a diversion program shall publish the terms and conditions 273
of the program on the website of the office of the state 274
attorney for that circuit. 275
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(2) Each judicial circuit that offers a diversion program 276
under this section shall notify the department of each person 277
who successfully completes the program. The departmen t shall 278
notate the successful completion of participation in the 279
diversion program on the driving record of each such person. 280
(3) A person who successfully completes such a diversion 281
program is ineligible for future participation in such a 282
program. 283
Section 5. Subsection (1) of section 316.656, Florida 284
Statutes, is amended to read: 285
316.656 Mandatory adjudication; prohibition against 286
accepting plea to lesser included offense. — 287
(1) Notwithstanding the provisions of s. 948.01, a court 288
may not no court may suspend, defer, or withhold adjudication of 289
guilt or imposition of sentence for any violation of s. 316.193 290
or s. 316.1939, for manslaughter resulting from the operation of 291
a motor vehicle, or for vehicular homicide. 292
Section 6. This act shall take effect October 1, 2024. 293