Florida Senate - 2024 SB 260 By Senator DiCeglie 18-00283-24 2024260__ 1 A bill to be entitled 2 An act relating to refusal to submit to a breath, 3 urine, or blood test; amending s. 316.1932, F.S.; 4 requiring a person arrested for driving under the 5 influence who refuses to submit to a lawful test of 6 his or her breath to be told that he or she is subject 7 to mandatory placement, at his or her own expense and 8 for a specified period, of an ignition interlock 9 device on all vehicles that are individually or 10 jointly leased or owned and routinely operated by the 11 person; making technical changes; amending s. 12 316.1939, F.S.; requiring a person who refuses to 13 submit to a lawful test of his or her breath to be 14 subject to mandatory placement, at his or her expense 15 and for a specified period, of an ignition interlock 16 device on all vehicles that are individually or 17 jointly leased or owned and routinely operated by the 18 person; providing applicability; conforming provisions 19 to changes made by the act; amending s. 322.2615, 20 F.S.; requiring certain information to be contained in 21 a notice of suspension; decreasing the period during 22 which a person whose driver license is suspended for 23 failure to submit to a breath, urine, or blood test is 24 not eligible to receive a license for business or 25 employment purposes only; waiving the requirement to 26 install an ignition interlock device under certain 27 circumstances; amending s. 322.2616, F.S.; requiring 28 certain information to be contained in a notice of 29 suspension; waiving the requirement to install an 30 ignition interlock device under certain circumstances; 31 amending s. 322.2715, F.S.; directing the Department 32 of Highway Safety and Motor Vehicles to require 33 placement of an ignition interlock device before 34 issuing a permanent or restricted driver license to a 35 person who refused to submit to a lawful test of his 36 or her breath; requiring the person to install the 37 device at his or her own expense for a specified 38 period; providing an effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1.Paragraph (a) of subsection (1) of section 43 316.1932, Florida Statutes, is amended to read: 44 316.1932Tests for alcohol, chemical substances, or 45 controlled substances; implied consent; refusal. 46 (1)(a)1.a.A person who accepts the privilege extended by 47 the laws of this state of operating a motor vehicle within this 48 state is, by operating such vehicle, deemed to have given his or 49 her consent to submit to an approved chemical test or physical 50 test including, but not limited to, an infrared light test of 51 his or her breath for the purpose of determining the alcoholic 52 content of his or her blood or breath if the person is lawfully 53 arrested for any offense allegedly committed while the person 54 was driving or was in actual physical control of a motor vehicle 55 while under the influence of alcoholic beverages. The chemical 56 or physical breath test must be incidental to a lawful arrest 57 and administered at the request of a law enforcement officer who 58 has reasonable cause to believe such person was driving or was 59 in actual physical control of the motor vehicle within this 60 state while under the influence of alcoholic beverages. The 61 administration of a breath test does not preclude the 62 administration of another type of test. The person must shall be 63 told that his or her failure to submit to any lawful test of his 64 or her breath will, for a first refusal, result in the 65 suspension of the persons privilege to operate a motor vehicle 66 for a period of 1 year and the person will be subject to 67 mandatory placement for 1 continuous year, at his or her own 68 expense, of an ignition interlock device approved by the 69 department in accordance with s. 316.1938 on all vehicles that 70 are individually or jointly leased or owned and routinely 71 operated by the person, when the person qualifies for 72 reinstatement of a permanent or restricted driver license. for a 73 first refusal, or for a period of 18 months If the driving 74 privilege of such person has been previously suspended or if he 75 or she has previously been fined under s. 327.35215 as a result 76 of a refusal to submit to a test or tests required under this 77 chapter or chapter 327, the person must be told that his or her 78 failure to submit to any lawful test of his or her breath will 79 result in the suspension of the persons privilege to operate a 80 motor vehicle for 18 months and the person will be subject to 81 mandatory placement for 18 continuous months, at his or her own 82 expense, of an ignition interlock device approved by the 83 department in accordance with s. 316.1938 on all vehicles that 84 are individually or jointly leased or owned and routinely 85 operated by the person, when the person qualifies for 86 reinstatement of a permanent or restricted driver license. The 87 person must and shall also be told that if he or she refuses to 88 submit to a lawful test of his or her breath and his or her 89 driving privilege has been previously suspended or if he or she 90 has previously been fined under s. 327.35215 for a prior refusal 91 to submit to a lawful test of his or her breath, urine, or blood 92 as required under this chapter or chapter 327, he or she commits 93 a misdemeanor of the first degree, punishable as provided in s. 94 775.082 or s. 775.083, in addition to any other penalties 95 provided by law. The refusal to submit to a chemical or physical 96 breath test upon the request of a law enforcement officer as 97 provided in this section is admissible into evidence in any 98 criminal proceeding. 99 b.A person who accepts the privilege extended by the laws 100 of this state of operating a motor vehicle within this state is, 101 by operating such vehicle, deemed to have given his or her 102 consent to submit to a urine test for the purpose of detecting 103 the presence of chemical substances as set forth in s. 877.111 104 or controlled substances if the person is lawfully arrested for 105 any offense allegedly committed while the person was driving or 106 was in actual physical control of a motor vehicle while under 107 the influence of chemical substances or controlled substances. 108 The urine test must be incidental to a lawful arrest and 109 administered at a detention facility or any other facility, 110 mobile or otherwise, which is equipped to administer such tests 111 at the request of a law enforcement officer who has reasonable 112 cause to believe such person was driving or was in actual 113 physical control of a motor vehicle within this state while 114 under the influence of chemical substances or controlled 115 substances. The urine test must shall be administered at a 116 detention facility or any other facility, mobile or otherwise, 117 which is equipped to administer such test in a reasonable manner 118 that will ensure the accuracy of the specimen and maintain the 119 privacy of the individual involved. The administration of a 120 urine test does not preclude the administration of another type 121 of test. The person must shall be told that his or her failure 122 to submit to any lawful test of his or her urine will result in 123 the suspension of the persons privilege to operate a motor 124 vehicle for a period of 1 year for the first refusal, or for a 125 period of 18 months if the driving privilege of such person has 126 been previously suspended or if he or she has previously been 127 fined under s. 327.35215 as a result of a refusal to submit to a 128 test or tests required under this chapter or chapter 327, and 129 must shall also be told that if he or she refuses to submit to a 130 lawful test of his or her urine and his or her driving privilege 131 has been previously suspended or if he or she has previously 132 been fined under s. 327.35215 for a prior refusal to submit to a 133 lawful test of his or her breath, urine, or blood as required 134 under this chapter or chapter 327, he or she commits a 135 misdemeanor of the first degree, punishable as provided in s. 136 775.082 or s. 775.083, in addition to any other penalties 137 provided by law. The refusal to submit to a urine test upon the 138 request of a law enforcement officer as provided in this section 139 is admissible into evidence in any criminal proceeding. 140 2.The Alcohol Testing Program within the Department of Law 141 Enforcement is responsible for the regulation of the operation, 142 inspection, and registration of breath test instruments used 143 utilized under the driving and boating under the influence 144 provisions and related provisions located in this chapter and 145 chapters 322 and 327. The program is responsible for the 146 regulation of the individuals who operate, inspect, and instruct 147 on the breath test instruments used utilized in the driving and 148 boating under the influence provisions and related provisions 149 located in this chapter and chapters 322 and 327. The program is 150 further responsible for the regulation of blood analysts who 151 conduct blood testing to be used utilized under the driving and 152 boating under the influence provisions and related provisions 153 located in this chapter and chapters 322 and 327. The program 154 must shall: 155 a.Establish uniform criteria for the issuance of permits 156 to breath test operators, agency inspectors, instructors, blood 157 analysts, and instruments. 158 b.Have the authority to permit breath test operators, 159 agency inspectors, instructors, blood analysts, and instruments. 160 c.Have the authority to discipline and suspend, revoke, or 161 renew the permits of breath test operators, agency inspectors, 162 instructors, blood analysts, and instruments. 163 d.Establish uniform requirements for instruction and 164 curricula for the operation and inspection of approved 165 instruments. 166 e.Have the authority to specify one approved curriculum 167 for the operation and inspection of approved instruments. 168 f.Establish a procedure for the approval of breath test 169 operator and agency inspector classes. 170 g.Have the authority to approve or disapprove breath test 171 instruments and accompanying paraphernalia for use pursuant to 172 the driving and boating under the influence provisions and 173 related provisions located in this chapter and chapters 322 and 174 327. 175 h.With the approval of the executive director of the 176 Department of Law Enforcement, make and enter into contracts and 177 agreements with other agencies, organizations, associations, 178 corporations, individuals, or federal agencies as are necessary, 179 expedient, or incidental to the performance of duties. 180 i.Issue final orders that which include findings of fact 181 and conclusions of law and that which constitute final agency 182 action for the purpose of chapter 120. 183 j.Enforce compliance with this section through civil or 184 administrative proceedings. 185 k.Make recommendations concerning any matter within the 186 purview of this section, this chapter, chapter 322, or chapter 187 327. 188 l.Adopt Promulgate rules for the administration and 189 implementation of this section, including definitions of terms. 190 m.Consult and cooperate with other entities for the 191 purpose of implementing the mandates of this section. 192 n.Have the authority to approve the type of blood test 193 used utilized under the driving and boating under the influence 194 provisions and related provisions located in this chapter and 195 chapters 322 and 327. 196 o.Have the authority to specify techniques and methods for 197 breath alcohol testing and blood testing used utilized under the 198 driving and boating under the influence provisions and related 199 provisions located in this chapter and chapters 322 and 327. 200 p.Have the authority to approve repair facilities for the 201 approved breath test instruments, including the authority to set 202 criteria for approval. 203 204 Nothing in This section does not shall be construed to supersede 205 provisions in this chapter and chapters 322 and 327. The 206 specifications in this section are derived from the power and 207 authority previously and currently possessed by the Department 208 of Law Enforcement and are enumerated to conform with the 209 mandates of chapter 99-379, Laws of Florida. 210 Section 2.Section 316.1939, Florida Statutes, is amended 211 to read: 212 316.1939Refusal to submit to testing; penalties. 213 (1)A person who refuses to submit to a lawful test of his 214 or her breath as required under s. 316.1932(1)(a)1.a. is subject 215 to mandatory placement, at his or her own expense, of an 216 ignition interlock device approved by the department in 217 accordance with s. 316.1938 on all vehicles individually or 218 jointly leased or owned and routinely operated by the person, 219 for 1 continuous year for a first refusal, or 18 continuous 220 months for a second or subsequent refusal, when the person 221 qualifies for reinstatement of a permanent or restricted driver 222 license. This subsection applies in addition to any other 223 penalties authorized by this section. 224 (2)(1)A person who has refused to submit to a chemical or 225 physical test of his or her breath or urine, as described in s. 226 316.1932, and whose driving privilege was previously suspended 227 or who was previously fined under s. 327.35215 for a prior 228 refusal to submit to a lawful test of his or her breath, urine, 229 or blood required under this chapter or chapter 327, and: 230 (a)Who the arresting law enforcement officer had probable 231 cause to believe was driving or in actual physical control of a 232 motor vehicle in this state while under the influence of 233 alcoholic beverages, chemical substances, or controlled 234 substances; 235 (b)Who was placed under lawful arrest for a violation of 236 s. 316.193 unless such test was requested pursuant to s. 237 316.1932(1)(c); 238 (c)Who was informed that:, 239 1.If he or she refused to submit to a lawful test of his 240 or her breath, his or her privilege to operate a motor vehicle 241 would be suspended for 1 year for a first refusal or 18 months 242 for a second or subsequent refusal, and that he or she would be 243 subject to mandatory placement, at his or her own expense, of an 244 ignition interlock device approved by the department in 245 accordance with s. 316.1938 for 1 continuous year for a first 246 refusal, or 18 continuous months for a second or subsequent 247 refusal, on all vehicles that he or she individually or jointly 248 leases or owns and routinely operates, when he or she qualifies 249 for reinstatement of a permanent or restricted driver license; 250 or 251 2.If he or she refused to submit to a lawful such test of 252 his or her urine, his or her privilege to operate a motor 253 vehicle would be suspended for a period of 1 year for a first 254 refusal or, in the case of a second or subsequent refusal, for a 255 period of 18 months for a second or subsequent refusal; 256 (d)Who was informed that a refusal to submit to a lawful 257 test of his or her breath or urine, if his or her driving 258 privilege has been previously suspended or if he or she has 259 previously been fined under s. 327.35215 for a prior refusal to 260 submit to a lawful test of his or her breath, urine, or blood as 261 required under this chapter or chapter 327, is a misdemeanor of 262 the first degree, punishable as provided in s. 775.082 or s. 263 775.083, in addition to any other penalties provided by law; and 264 (e)Who, after having been so informed, refused to submit 265 to any such test when requested to do so by a law enforcement 266 officer or correctional officer 267 268 commits a misdemeanor of the first degree and is subject to 269 punishment as provided in s. 775.082 or s. 775.083. 270 (3)(2)The disposition of any administrative proceeding 271 that relates to the suspension of a persons driving privilege 272 does not affect a criminal action under subsection (2) this 273 section. 274 (4)(3)The disposition of a criminal action under 275 subsection (2) this section does not affect any administrative 276 proceeding that relates to the suspension of a persons driving 277 privilege. The departments records showing that a persons 278 license has been previously suspended for a prior refusal to 279 submit to a lawful test of his or her breath, urine, or blood is 280 shall be admissible and creates shall create a rebuttable 281 presumption of such suspension. 282 Section 3.Present subsections (12) through (16) of section 283 322.2615, Florida Statutes, are redesignated as subsections (13) 284 through (17), respectively, a new subsection (12) is added to 285 that section, and subsection (1) and paragraph (a) of subsection 286 (10) of that section are amended, to read: 287 322.2615Suspension of license; right to review. 288 (1)(a)A law enforcement officer or correctional officer 289 shall, on behalf of the department, suspend the driving 290 privilege of a person who is driving or in actual physical 291 control of a motor vehicle and who has an unlawful blood-alcohol 292 level or breath-alcohol level of 0.08 or higher, or of a person 293 who has refused to submit to a urine test or a test of his or 294 her breath-alcohol or blood-alcohol level. The officer shall 295 take the persons driver license and issue the person a 10-day 296 temporary permit if the person is otherwise eligible for the 297 driving privilege and shall issue the person a notice of 298 suspension. If a blood test has been administered, the officer 299 or the agency employing the officer shall transmit such results 300 to the department within 5 days after receipt of the results. If 301 the department then determines that the person had a blood 302 alcohol level or breath-alcohol level of 0.08 or higher, the 303 department shall suspend the persons driver license pursuant to 304 subsection (3). 305 (b)The suspension under paragraph (a) must shall be 306 pursuant to, and the notice of suspension shall inform the 307 driver of, the following: 308 1.a.The driver refused to submit to a lawful breath, 309 blood, or urine test and his or her driving privilege is 310 suspended for a period of 1 year for a first refusal or for a 311 period of 18 months if his or her driving privilege has been 312 previously suspended as a result of a refusal to submit to such 313 a test, and he or she is subject to mandatory placement, at his 314 or her own expense, of an ignition interlock device approved by 315 the department in accordance with s. 316.1938 for 1 continuous 316 year for a first refusal, or 18 continuous months for a second 317 or subsequent refusal, on all vehicles that he or she 318 individually or jointly leases or owns and routinely operates, 319 when he or she qualifies for reinstatement of a permanent or 320 restricted driver license; 321 b.The driver refused to submit to a lawful blood or urine 322 test and his or her driving privilege is suspended for 1 year 323 for a first refusal or for 18 months if his or her driving 324 privilege has been previously suspended as a result of a refusal 325 to submit to such a test; or 326 c.b.The driver was driving or in actual physical control 327 of a motor vehicle and had an unlawful blood-alcohol level or 328 breath-alcohol level of 0.08 or higher and his or her driving 329 privilege is suspended for a period of 6 months for a first 330 offense or for a period of 1 year if his or her driving 331 privilege has been previously suspended under this section. 332 2.The suspension period shall commence on the date of 333 issuance of the notice of suspension. 334 3.The driver may request a formal or informal review of 335 the suspension by the department within 10 days after the date 336 of issuance of the notice of suspension or may request a review 337 of eligibility for a restricted driving privilege under s. 338 322.271(7). 339 4.The temporary permit issued at the time of suspension 340 expires at midnight of the 10th day following the date of 341 issuance of the notice of suspension. 342 5.The driver may submit to the department any materials 343 relevant to the suspension. 344 (10)A person whose driver license is suspended under 345 subsection (1) or subsection (3) may apply for issuance of a 346 license for business or employment purposes only if the person 347 is otherwise eligible for the driving privilege pursuant to s. 348 322.271. 349 (a)If the suspension of the driver license of the person 350 for failure to submit to a breath, urine, or blood test is 351 sustained, the person is not eligible to receive a license for 352 business or employment purposes only, pursuant to s. 322.271, 353 until 30 90 days have elapsed after the expiration of the last 354 temporary permit issued. If the driver is not issued a 10-day 355 permit pursuant to this section or s. 322.64 because he or she 356 is ineligible for the permit and the suspension for failure to 357 submit to a breath, urine, or blood test is not invalidated by 358 the department, the driver is not eligible to receive a business 359 or employment license pursuant to s. 322.271 until 30 90 days 360 have elapsed from the date of the suspension. 361 (12)If a person whose driver license is suspended for 362 refusal to submit to a lawful breath test has his or her driver 363 license suspension invalidated for any reason under this 364 section, the requirement under s. 316.1939(1) that he or she 365 install an ignition interlock device for refusal to submit to a 366 lawful test of his or her breath is waived. 367 Section 4.Present subsections (13) through (19) of section 368 322.2616, Florida Statutes, are redesignated as subsections (14) 369 through (20), respectively, a new subsection (13) is added to 370 that section, and subsection (2) of that section is amended, to 371 read: 372 322.2616Suspension of license; persons under 21 years of 373 age; right to review. 374 (2)(a)A law enforcement officer or correctional officer 375 shall, on behalf of the department, suspend the driving 376 privilege of such person if the person has a blood-alcohol or 377 breath-alcohol level of 0.02 or higher. The officer shall also 378 suspend, on behalf of the department, the driving privilege of a 379 person who has refused to submit to a test as provided by 380 paragraph (b). The officer shall take the persons driver 381 license and issue the person a 10-day temporary driving permit 382 if the person is otherwise eligible for the driving privilege 383 and shall issue the person a notice of suspension. 384 (b)The suspension under paragraph (a) must be pursuant to, 385 and the notice of suspension must inform the driver of, the 386 following: 387 1.a.The driver refused to submit to a lawful breath test 388 and his or her driving privilege is suspended for a period of 1 389 year for a first refusal or for a period of 18 months if his or 390 her driving privilege has been previously suspended as provided 391 in this section as a result of a refusal to submit to a test, 392 and he or she is subject to mandatory placement, at his or her 393 own expense, of an ignition interlock device approved by the 394 department in accordance with s. 316.1938 for 1 continuous year 395 for a first refusal, or 18 continuous months for a second or 396 subsequent refusal, on all vehicles that he or she individually 397 or jointly leases or owns and routinely operates, when he or she 398 qualifies for reinstatement of a permanent or restricted driver 399 license; or 400 b.The driver was under the age of 21 and was driving or in 401 actual physical control of a motor vehicle while having a blood 402 alcohol or breath-alcohol level of 0.02 or higher; and the 403 persons driving privilege is suspended for a period of 6 months 404 for a first violation, or for a period of 1 year if his or her 405 driving privilege has been previously suspended as provided in 406 this section for driving or being in actual physical control of 407 a motor vehicle with a blood-alcohol or breath-alcohol level of 408 0.02 or higher. 409 2.The suspension period commences on the date of issuance 410 of the notice of suspension. 411 3.The driver may request a formal or informal review of 412 the suspension by the department within 10 days after the 413 issuance of the notice of suspension. 414 4.A temporary permit issued at the time of the issuance of 415 the notice of suspension shall not become effective until after 416 12 hours have elapsed and will expire at midnight of the 10th 417 day following the date of issuance. 418 5.The driver may submit to the department any materials 419 relevant to the suspension of his or her license. 420 (c)When a driver subject to this section has a blood 421 alcohol or breath-alcohol level of 0.05 or higher, the 422 suspension shall remain in effect until such time as the driver 423 has completed a substance abuse course offered by a DUI program 424 licensed by the department. The driver shall assume the 425 reasonable costs for the substance abuse course. As part of the 426 substance abuse course, the program shall conduct a substance 427 abuse evaluation of the driver, and notify the parents or legal 428 guardians of drivers under the age of 19 years of the results of 429 the evaluation. The term substance abuse means the abuse of 430 alcohol or any substance named or described in Schedules I 431 through V of s. 893.03. If a driver fails to complete the 432 substance abuse education course and evaluation, the driver 433 license shall not be reinstated by the department. 434 (d)A minor under the age of 18 years proven to be driving 435 with a blood-alcohol or breath-alcohol level of 0.02 or higher 436 may be taken by a law enforcement officer to the addictions 437 receiving facility in the county in which the minor is found to 438 be so driving, if the county makes the addictions receiving 439 facility available for such purpose. 440 (13)If a person whose driver license is suspended for 441 refusal to submit to a lawful breath test has his or her driver 442 license suspension invalidated for any reason under this 443 section, the requirement under s. 316.1939(1) that he or she 444 install an ignition interlock device for refusal to submit to a 445 lawful test of his or her breath is waived. 446 Section 5.Present subsection (5) of section 322.2715, 447 Florida Statutes, is redesignated as subsection (6), a new 448 subsection (5) is added to that section, and subsection (1) of 449 that section is amended, to read: 450 322.2715Ignition interlock device. 451 (1)Before issuing a permanent or restricted driver license 452 under this chapter, the department shall require the placement 453 of a department-approved ignition interlock device for any 454 person convicted of committing an offense of driving under the 455 influence as specified in subsection (3), or for any person who 456 refused to submit to a lawful test of his or her breath as 457 specified in subsection (5), except that consideration may be 458 given to those individuals having a documented medical condition 459 that would prohibit the device from functioning normally. If a 460 medical waiver has been granted for a convicted person seeking a 461 restricted license, the convicted person shall not be entitled 462 to a restricted license until the required ignition interlock 463 device installation period under subsection (3) or subsection 464 (5) expires, in addition to the time requirements under s. 465 322.271. If a medical waiver has been approved for a convicted 466 person seeking permanent reinstatement of the driver license, 467 the convicted person must be restricted to an employment 468 purposes-only license and be supervised by a licensed DUI 469 program until the required ignition interlock device 470 installation period under subsection (3) or subsection (5) 471 expires. An interlock device shall be placed on all vehicles 472 that are individually or jointly leased or owned and routinely 473 operated by the convicted person. 474 (5)If a person refused to submit to a lawful test of his 475 or her breath as required by s. 316.1932(1)(a)1.a., he or she 476 must install, at his or her own expense, an ignition interlock 477 device on all vehicles individually or jointly leased or owned 478 and routinely operated by the person, for 1 continuous year for 479 a first refusal or for 18 continuous months for a second or 480 subsequent refusal, upon reinstatement of a permanent or 481 restricted driver license. 482 Section 6.This act shall take effect October 1, 2024.