Florida Senate - 2024 SB 232 By Senator Wright 8-00132-24 2024232__ 1 A bill to be entitled 2 An act relating to driving under the influence; 3 amending s. 316.193, F.S.; prohibiting a trial court 4 judge from accepting specified pleas when a person is 5 charged with the offense of driving under the 6 influence unless specified conditions are met; 7 amending s. 316.1932, F.S.; requiring that a person be 8 told that his or her failure to submit to a lawful 9 test of breath or urine is a second degree misdemeanor 10 or a first degree misdemeanor under certain 11 circumstances; making technical changes; amending s. 12 316.1939, F.S.; classifying a persons refusal to 13 submit to a chemical or physical test of breath or 14 urine as a second degree misdemeanor or a first degree 15 misdemeanor under certain circumstances; making 16 technical changes; creating s. 316.19395, F.S.; 17 authorizing judicial circuits to create a driving 18 under the influence diversion program; requiring that 19 the policies and procedures of the diversion program 20 be published on the website of the state attorneys 21 office; requiring each judicial circuit operating such 22 a diversion program to submit participant information 23 for persons who successfully complete the program to 24 the Department of Highway Safety and Motor Vehicles; 25 requiring the department to notate successful 26 completion on the driving record of such participants; 27 providing that a person who successfully completes 28 such a diversion program is ineligible for 29 participation in such a program in the future; 30 amending s. 316.656, F.S.; prohibiting a court from 31 suspending, deferring, or withholding adjudication of 32 guilt or imposition of sentence for a specified 33 violation; providing an effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1.Subsection (15) is added to section 316.193, 38 Florida Statutes, to read: 39 316.193Driving under the influence; penalties. 40 (15)A trial court judge may not accept a plea of guilty or 41 no contest to a reduced charge, including a charge of reckless 42 driving brought under s. 316.192, from a person charged with a 43 violation of subsection (1) unless at least one of the following 44 applies: 45 (a)The trial court judge determines that there is a good 46 faith basis to believe that a reduction in such charge is 47 warranted. 48 (b)The defendant successfully completes a driving under 49 the influence diversion program in accordance with s. 316.19395. 50 Section 2.Paragraph (a) of subsection (1) of section 51 316.1932, Florida Statutes, is amended to read: 52 316.1932Tests for alcohol, chemical substances, or 53 controlled substances; implied consent; refusal. 54 (1)(a)1.a.A person who accepts the privilege extended by 55 the laws of this state of operating a motor vehicle within this 56 state is, by operating such vehicle, deemed to have given his or 57 her consent to submit to an approved chemical test or physical 58 test including, but not limited to, an infrared light test of 59 his or her breath for the purpose of determining the alcoholic 60 content of his or her blood or breath if the person is lawfully 61 arrested for any offense allegedly committed while the person 62 was driving or was in actual physical control of a motor vehicle 63 while under the influence of alcoholic beverages. The chemical 64 or physical breath test must be incidental to a lawful arrest 65 and administered at the request of a law enforcement officer who 66 has reasonable cause to believe such person was driving or was 67 in actual physical control of the motor vehicle within this 68 state while under the influence of alcoholic beverages. The 69 administration of a breath test does not preclude the 70 administration of another type of test. The person must shall be 71 told that his or her failure to submit to any lawful test of his 72 or her breath will result in the suspension of his or her the 73 persons privilege to operate a motor vehicle as provided in s. 74 322.2615(1)(a) for a period of 1 year for a first refusal, or 75 for a period of 18 months if the driving privilege of such 76 person has been previously suspended or if he or she has 77 previously been fined under s. 327.35215 as a result of a 78 refusal to submit to a test or tests required under this chapter 79 or chapter 327, and must shall also be told that if he or she 80 refuses to submit to a lawful test of his or her breath and his 81 or her driving privilege has been previously suspended or if he 82 or she has previously been fined under s. 327.35215 for a prior 83 refusal to submit to a lawful test of his or her breath, urine, 84 or blood as required under this chapter or chapter 327, he or 85 she commits a misdemeanor of the second first degree, punishable 86 as provided in s. 775.082 or s. 775.083, or a misdemeanor of the 87 first degree, punishable as provided in s. 775.082 or s. 88 775.083, if his or her driving privilege has been previously 89 suspended or if he or she has previously been fined under s. 90 327.35215 for a prior refusal to submit to a lawful test of his 91 or her breath, urine, or blood as required under this chapter or 92 chapter 327, in addition to any other penalties provided by law. 93 The refusal to submit to a chemical or physical breath test upon 94 the request of a law enforcement officer as provided in this 95 section is admissible into evidence in any criminal proceeding. 96 b.A person who accepts the privilege extended by the laws 97 of this state of operating a motor vehicle within this state is, 98 by operating such vehicle, deemed to have given his or her 99 consent to submit to a urine test for the purpose of detecting 100 the presence of chemical substances as set forth in s. 877.111 101 or controlled substances if the person is lawfully arrested for 102 any offense allegedly committed while the person was driving or 103 was in actual physical control of a motor vehicle while under 104 the influence of chemical substances or controlled substances. 105 The urine test must be incidental to a lawful arrest and 106 administered at a detention facility or any other facility, 107 mobile or otherwise, which is equipped to administer such tests 108 at the request of a law enforcement officer who has reasonable 109 cause to believe such person was driving or was in actual 110 physical control of a motor vehicle within this state while 111 under the influence of chemical substances or controlled 112 substances. The urine test must shall be administered at a 113 detention facility or any other facility, mobile or otherwise, 114 which is equipped to administer such test in a reasonable manner 115 that will ensure the accuracy of the specimen and maintain the 116 privacy of the individual involved. The administration of a 117 urine test does not preclude the administration of another type 118 of test. The person must shall be told that his or her failure 119 to submit to any lawful test of his or her urine will result in 120 the suspension of his or her the persons privilege to operate a 121 motor vehicle for a period of 1 year for the first refusal, or 122 for a period of 18 months if the driving privilege of such 123 person has been previously suspended or if he or she has 124 previously been fined under s. 327.35215 as a result of a 125 refusal to submit to a test or tests required under this chapter 126 or chapter 327, and must shall also be told that if he or she 127 refuses to submit to a lawful test of his or her urine and his 128 or her driving privilege has been previously suspended or if he 129 or she has previously been fined under s. 327.35215 for a prior 130 refusal to submit to a lawful test of his or her breath, urine, 131 or blood as required under this chapter or chapter 327, he or 132 she commits a misdemeanor of the second first degree, punishable 133 as provided in s. 775.082 or s. 775.083, or a misdemeanor of the 134 first degree, punishable as provided in s. 775.082 or s. 135 775.083, if his or her driving privilege has been previously 136 suspended or if he or she has previously been fined under s. 137 327.35215 for a prior refusal to submit to a lawful test of his 138 or her breath, urine, or blood as required under this chapter or 139 chapter 327, in addition to any other penalties provided by law. 140 The refusal to submit to a urine test upon the request of a law 141 enforcement officer as provided in this section is admissible 142 into evidence in any criminal proceeding. 143 2.The Alcohol Testing Program within the Department of Law 144 Enforcement is responsible for the regulation of the operation, 145 inspection, and registration of breath test instruments utilized 146 under the driving and boating under the influence provisions and 147 related provisions located in this chapter and chapters 322 and 148 327. The program is responsible for the regulation of the 149 individuals who operate, inspect, and instruct on the breath 150 test instruments utilized in the driving and boating under the 151 influence provisions and related provisions located in this 152 chapter and chapters 322 and 327. The program is further 153 responsible for the regulation of blood analysts who conduct 154 blood testing to be utilized under the driving and boating under 155 the influence provisions and related provisions located in this 156 chapter and chapters 322 and 327. The program shall: 157 a.Establish uniform criteria 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, or 163 renew the permits of breath test operators, agency inspectors, 164 instructors, blood analysts, and instruments. 165 d.Establish uniform requirements for instruction and 166 curricula for the operation and inspection 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 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 incidental 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 for 199 breath alcohol testing and blood testing utilized under the 200 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: 214 316.1939Refusal 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 previously 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 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 in s. 775.082 or s. 775.083, in 249 addition to any other penalties provided by law; and 250 (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 persons driving privilege does 258 not affect a criminal action under this section. 259 (3)The disposition of a criminal action under this section 260 does not affect any administrative proceeding that relates to 261 the suspension of a persons driving privilege. The departments 262 records showing that a persons license has been previously 263 suspended for a prior refusal to submit to a lawful test of his 264 or her breath, urine, or blood are shall be admissible and 265 create shall create a rebuttable presumption of such suspension. 266 Section 4.Section 316.19395, Florida Statutes, is created 267 to read: 268 316.19395Driving under the influence diversion programs. 269 (1) Any judicial circuit may create a driving under the 270 influence diversion program. A judicial circuit that creates 271 such a diversion program shall publish the terms and conditions 272 of the program on the website of the office of the state 273 attorney for that circuit. 274 (2) Each judicial circuit that offers a diversion program 275 under this section shall notify the department of each person 276 who successfully completes the program. The department shall 277 notate the successful completion of participation in the 278 diversion program on the driving record of each such person. 279 (3) A person who successfully completes such a diversion 280 program is ineligible for future participation in such a 281 program. 282 Section 5.Subsection (1) of section 316.656, Florida 283 Statutes, is amended to read: 284 316.656Mandatory adjudication; prohibition against 285 accepting plea to lesser included offense. 286 (1)Notwithstanding the provisions of s. 948.01, a court 287 may not no court may suspend, defer, or withhold adjudication of 288 guilt or imposition of sentence for any violation of s. 316.193 289 or s. 316.1939, for manslaughter resulting from the operation of 290 a motor vehicle, or for vehicular homicide. 291 Section 6.This act shall take effect October 1, 2024.