Florida Senate - 2024 CS for SB 260 By the Committee on Criminal Justice; and Senators DiCeglie and Hooper 591-02394-24 2024260c1 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 that a person arrested for driving or being 5 in actual physical control of a motor vehicle while 6 under the influence who refuses to submit to a lawful 7 test of his or her breath incident to a lawful arrest 8 be told that he or she is subject to mandatory 9 placement, for a specified period, of an ignition 10 interlock device on all vehicles that are individually 11 or jointly leased or owned and routinely operated by 12 the person; amending s. 316.1939, F.S.; requiring a 13 person arrested for driving under the influence who 14 refuses to submit to a lawful test of his or her 15 breath to be subject to mandatory placement, for a 16 specified period, of an ignition interlock device on 17 all vehicles that are individually or jointly leased 18 or owned and routinely operated by the person; 19 authorizing certain placement periods for ignition 20 interlock devices to run concurrently; requiring 21 reporting to the Department of Highway Safety and 22 Motor Vehicles; specifying application of prohibitions 23 and penalties; conforming provisions to changes made 24 by the act; amending s. 322.2615, F.S.; requiring that 25 a notice of suspension contain certain information; 26 waiving the requirement for the installation of an 27 ignition interlock device under certain circumstances; 28 amending s. 322.2616, F.S.; requiring that a notice of 29 suspension issued to persons younger than a specified 30 age contain certain information; waiving the 31 requirement for the installation of an ignition 32 interlock device under certain circumstances; amending 33 s. 322.2715, F.S.; directing the department to require 34 placement of an ignition interlock device before 35 issuing a permanent or restricted driver license to a 36 person who refused to submit to a lawful test of his 37 or her breath; requiring the person to install the 38 device at his or her own expense for a specified 39 period; providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1.Paragraph (a) of subsection (1) of section 44 316.1932, Florida Statutes, is amended to read: 45 316.1932Tests for alcohol, chemical substances, or 46 controlled substances; implied consent; refusal. 47 (1)(a)1.a.A person who accepts the privilege extended by 48 the laws of this state of operating a motor vehicle within this 49 state is, by operating such vehicle, deemed to have given his or 50 her consent to submit to an approved chemical test or physical 51 test including, but not limited to, an infrared light test of 52 his or her breath for the purpose of determining the alcoholic 53 content of his or her blood or breath if the person is lawfully 54 arrested for any offense allegedly committed while the person 55 was driving or was in actual physical control of a motor vehicle 56 while under the influence of alcoholic beverages. The chemical 57 or physical breath test must be incidental to a lawful arrest 58 and administered at the request of a law enforcement officer who 59 has reasonable cause to believe such person was driving or was 60 in actual physical control of the motor vehicle within this 61 state while under the influence of alcoholic beverages. The 62 administration of a breath test does not preclude the 63 administration of another type of test. The person must shall be 64 told that his or her failure to submit to any lawful test of his 65 or her breath will, for a first refusal, result in the 66 suspension of the persons privilege to operate a motor vehicle 67 for a period of 1 year, and the person will be subject to 68 mandatory placement for 1 continuous year, at the persons own 69 expense, of an ignition interlock device 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. The person must and shall also be 81 told that if he or she refuses to submit to a lawful test of his 82 or her breath and his or her driving privilege has been 83 previously suspended or if he or she has previously been fined 84 under s. 327.35215 for a prior refusal to submit to a lawful 85 test of his or her breath, urine, or blood as required under 86 this chapter or chapter 327, he or she commits a misdemeanor of 87 the first degree, punishable as provided in s. 775.082 or s. 88 775.083, in addition to any other penalties provided by law. The 89 refusal to submit to a chemical or physical breath test upon the 90 request of a law enforcement officer as provided in this section 91 is admissible into evidence in any criminal proceeding. 92 b.A person who accepts the privilege extended by the laws 93 of this state of operating a motor vehicle within this state is, 94 by operating such vehicle, deemed to have given his or her 95 consent to submit to a urine test for the purpose of detecting 96 the presence of chemical substances as set forth in s. 877.111 97 or controlled substances if the person is lawfully arrested for 98 any offense allegedly committed while the person was driving or 99 was in actual physical control of a motor vehicle while under 100 the influence of chemical substances or controlled substances. 101 The urine test must be incidental to a lawful arrest and 102 administered at a detention facility or any other facility, 103 mobile or otherwise, which is equipped to administer such tests 104 at the request of a law enforcement officer who has reasonable 105 cause to believe such person was driving or was in actual 106 physical control of a motor vehicle within this state while 107 under the influence of chemical substances or controlled 108 substances. The urine test must shall be administered at a 109 detention facility or any other facility, mobile or otherwise, 110 which is equipped to administer such test in a reasonable manner 111 that will ensure the accuracy of the specimen and maintain the 112 privacy of the individual involved. The administration of a 113 urine test does not preclude the administration of another type 114 of test. The person must shall be told that his or her failure 115 to submit to any lawful test of his or her urine will result in 116 the suspension of the persons privilege to operate a motor 117 vehicle for a period of 1 year for the first refusal, or for a 118 period of 18 months if the driving privilege of such person has 119 been previously suspended or if he or she has previously been 120 fined under s. 327.35215 as a result of a refusal to submit to a 121 test or tests required under this chapter or chapter 327, and 122 must shall also be told that if he or she refuses to submit to a 123 lawful test of his or her urine and his or her driving privilege 124 has been previously suspended or if he or she has previously 125 been fined under s. 327.35215 for a prior refusal to submit to a 126 lawful test of his or her breath, urine, or blood as required 127 under this chapter or chapter 327, he or she commits a 128 misdemeanor of the first degree, punishable as provided in s. 129 775.082 or s. 775.083, in addition to any other penalties 130 provided by law. The refusal to submit to a urine test upon the 131 request of a law enforcement officer as provided in this section 132 is admissible into evidence in any criminal proceeding. 133 2.The Alcohol Testing Program within the Department of Law 134 Enforcement is responsible for the regulation of the operation, 135 inspection, and registration of breath test instruments used 136 utilized under the driving and boating under the influence 137 provisions and related provisions located in this chapter and 138 chapters 322 and 327. The program is responsible for the 139 regulation of the individuals who operate, inspect, and instruct 140 on the breath test instruments used utilized in the driving and 141 boating under the influence provisions and related provisions 142 located in this chapter and chapters 322 and 327. The program is 143 further responsible for the regulation of blood analysts who 144 conduct blood testing to be used utilized under the driving and 145 boating under the influence provisions and related provisions 146 located in this chapter and chapters 322 and 327. The program 147 must shall: 148 a.Establish uniform criteria for the issuance of permits 149 to breath test operators, agency inspectors, instructors, blood 150 analysts, and instruments. 151 b.Have the authority to permit breath test operators, 152 agency inspectors, instructors, blood analysts, and instruments. 153 c.Have the authority to discipline and suspend, revoke, or 154 renew the permits of breath test operators, agency inspectors, 155 instructors, blood analysts, and instruments. 156 d.Establish uniform requirements for instruction and 157 curricula for the operation and inspection of approved 158 instruments. 159 e.Have the authority to specify one approved curriculum 160 for the operation and inspection of approved instruments. 161 f.Establish a procedure for the approval of breath test 162 operator and agency inspector classes. 163 g.Have the authority to approve or disapprove breath test 164 instruments and accompanying paraphernalia for use pursuant to 165 the driving and boating under the influence provisions and 166 related provisions located in this chapter and chapters 322 and 167 327. 168 h.With the approval of the executive director of the 169 Department of Law Enforcement, make and enter into contracts and 170 agreements with other agencies, organizations, associations, 171 corporations, individuals, or federal agencies as are necessary, 172 expedient, or incidental to the performance of duties. 173 i.Issue final orders that which include findings of fact 174 and conclusions of law and that which constitute final agency 175 action for the purpose of chapter 120. 176 j.Enforce compliance with this section through civil or 177 administrative proceedings. 178 k.Make recommendations concerning any matter within the 179 purview of this section, this chapter, chapter 322, or chapter 180 327. 181 l.Adopt Promulgate rules for the administration and 182 implementation of this section, including definitions of terms. 183 m.Consult and cooperate with other entities for the 184 purpose of implementing the mandates of this section. 185 n.Have the authority to approve the type of blood test 186 used utilized under the driving and boating under the influence 187 provisions and related provisions located in this chapter and 188 chapters 322 and 327. 189 o.Have the authority to specify techniques and methods for 190 breath alcohol testing and blood testing used utilized under the 191 driving and boating under the influence provisions and related 192 provisions located in this chapter and chapters 322 and 327. 193 p.Have the authority to approve repair facilities for the 194 approved breath test instruments, including the authority to set 195 criteria for approval. 196 197 Nothing in This section does not shall be construed to supersede 198 provisions in this chapter and chapters 322 and 327. The 199 specifications in this section are derived from the power and 200 authority previously and currently possessed by the Department 201 of Law Enforcement and are enumerated to conform with the 202 mandates of chapter 99-379, Laws of Florida. 203 Section 2.Section 316.1939, Florida Statutes, is amended 204 to read: 205 316.1939Refusal to submit to testing; penalties. 206 (1)(a)A person who refuses to submit to a lawful test of 207 his or her breath as required under s. 316.1932(1)(a)1.a. is 208 subject to mandatory placement, at the persons own expense, of 209 an ignition interlock device approved by the department in the 210 same manner as devices approved by the department in accordance 211 with s. 316.1938 on all vehicles individually or jointly leased 212 or owned and routinely operated by the person for 1 continuous 213 year for a first refusal when the person qualifies for 214 reinstatement of a permanent or restricted driver license. This 215 subsection applies in addition to any other penalties authorized 216 by this section. The ignition interlock device placement period 217 required by this subsection may run concurrently with any other 218 ignition interlock device placement period required by a court 219 or the department. 220 (b)Proof of installation of an ignition interlock device 221 required by this subsection must be sent to the department, and 222 verification of the operation of the device in the persons 223 vehicle must be periodically reported to the department. 224 (c)The prohibitions and penalties provided in s. 225 316.1937(5), (6), and (8) apply to a person whose driving 226 privilege is restricted pursuant to this subsection and to an 227 ignition interlock device required by this subsection. 228 (2)(1)A person who has refused to submit to a chemical or 229 physical test of his or her breath or urine, as described in s. 230 316.1932, and whose driving privilege was previously suspended 231 or who was previously fined under s. 327.35215 for a prior 232 refusal to submit to a lawful test of his or her breath, urine, 233 or blood required under this chapter or chapter 327, and: 234 (a)Who the arresting law enforcement officer had probable 235 cause to believe was driving or in actual physical control of a 236 motor vehicle in this state while under the influence of 237 alcoholic beverages, chemical substances, or controlled 238 substances; 239 (b)Who was placed under lawful arrest for a violation of 240 s. 316.193 unless such test was requested pursuant to s. 241 316.1932(1)(c); 242 (c)Who was informed that:, 243 1.If he or she refused to submit to a lawful test of his 244 or her breath, his or her privilege to operate a motor vehicle 245 would be suspended for 1 year for a first refusal and that he or 246 she would be subject to mandatory placement, at his or her own 247 expense, of an ignition interlock device approved by the 248 department in the same manner as devices approved by the 249 department in accordance with s. 316.1938 for 1 continuous year 250 for a first refusal on all vehicles that he or she individually 251 or jointly leases or owns and routinely operates when he or she 252 qualifies for reinstatement of a permanent or restricted driver 253 license; or 254 2.If he or she refused to submit to a lawful such test of 255 his or her urine, his or her privilege to operate a motor 256 vehicle would be suspended for a period of 1 year for a first 257 refusal or, in the case of a second or subsequent refusal, for a 258 period of 18 months for a second or subsequent refusal; 259 (d)Who was informed that a refusal to submit to a lawful 260 test of his or her breath or urine, if his or her driving 261 privilege has been previously suspended or if he or she has 262 previously been fined under s. 327.35215 for a prior refusal to 263 submit to a lawful test of his or her breath, urine, or blood as 264 required under this chapter or chapter 327, is a misdemeanor of 265 the first degree, punishable as provided in s. 775.082 or s. 266 775.083, in addition to any other penalties provided by law; and 267 (e)Who, after having been so informed, refused to submit 268 to any such test when requested to do so by a law enforcement 269 officer or correctional officer 270 271 commits a misdemeanor of the first degree and is subject to 272 punishment as provided in s. 775.082 or s. 775.083. 273 (3)(2)The disposition of any administrative proceeding 274 that relates to the suspension of a persons driving privilege 275 does not affect a criminal action under subsection (2) this 276 section. 277 (4)(3)The disposition of a criminal action under 278 subsection (2) this section does not affect any administrative 279 proceeding that relates to the suspension of a persons driving 280 privilege. The departments records showing that a persons 281 license has been previously suspended for a prior refusal to 282 submit to a lawful test of his or her breath, urine, or blood is 283 shall be admissible and creates shall create a rebuttable 284 presumption of such suspension. 285 Section 3.Present subsections (12) through (16) of section 286 322.2615, Florida Statutes, are redesignated as subsections (13) 287 through (17), respectively, subsection (1) of that section is 288 amended, and a new subsection (12) is added to that section, to 289 read: 290 322.2615Suspension of license; right to review. 291 (1)(a)A law enforcement officer or correctional officer 292 shall, on behalf of the department, suspend the driving 293 privilege of a person who is driving or in actual physical 294 control of a motor vehicle and who has an unlawful blood-alcohol 295 level or breath-alcohol level of 0.08 or higher, or of a person 296 who has refused to submit to a urine test or a test of his or 297 her breath-alcohol or blood-alcohol level. The officer shall 298 take the persons driver license and issue the person a 10-day 299 temporary permit if the person is otherwise eligible for the 300 driving privilege and shall issue the person a notice of 301 suspension. If a blood test has been administered, the officer 302 or the agency employing the officer shall transmit such results 303 to the department within 5 days after receipt of the results. If 304 the department then determines that the person had a blood 305 alcohol level or breath-alcohol level of 0.08 or higher, the 306 department shall suspend the persons driver license pursuant to 307 subsection (3). 308 (b)The suspension under paragraph (a) shall be pursuant 309 to, and the notice of suspension shall inform the driver of, the 310 following: 311 1.a.The driver refused to submit to a lawful breath, 312 blood, or urine test and his or her driving privilege is 313 suspended for a period of 1 year for a first refusal or for a 314 period of 18 months if his or her driving privilege has been 315 previously suspended as a result of a refusal to submit to such 316 a test, and he or she is subject to mandatory placement, at his 317 or her own expense, of an ignition interlock device approved by 318 the department in the same manner as devices approved by the 319 department in accordance with s. 316.1938 for 1 continuous year 320 for a first refusal on all vehicles that he or she individually 321 or jointly leases or owns and routinely operates when he or she 322 qualifies for reinstatement of a permanent or restricted driver 323 license; 324 b.The driver refused to submit to a lawful blood or urine 325 test and his or her driving privilege is suspended for 1 year 326 for a first refusal or for 18 months if his or her driving 327 privilege has been previously suspended as a result of a refusal 328 to submit to such a test; or 329 c.b.The driver was driving or in actual physical control 330 of a motor vehicle and had an unlawful blood-alcohol level or 331 breath-alcohol level of 0.08 or higher and his or her driving 332 privilege is suspended for a period of 6 months for a first 333 offense or for a period of 1 year if his or her driving 334 privilege has been previously suspended under this section. 335 2.The suspension period shall commence on the date of 336 issuance of the notice of suspension. 337 3.The driver may request a formal or informal review of 338 the suspension by the department within 10 days after the date 339 of issuance of the notice of suspension or may request a review 340 of eligibility for a restricted driving privilege under s. 341 322.271(7). 342 4.The temporary permit issued at the time of suspension 343 expires at midnight of the 10th day following the date of 344 issuance of the notice of suspension. 345 5.The driver may submit to the department any materials 346 relevant to the suspension. 347 (12)If a person whose driver license is suspended for 348 refusal to submit to a lawful breath test has such suspension 349 invalidated for any reason under this section, the requirement 350 that he or she install an ignition interlock device for refusal 351 to submit to a lawful test of his or her breath under s. 352 316.1939(1) is waived. 353 Section 4.Present subsections (13) through (19) of section 354 322.2616, Florida Statutes, are redesignated as subsections (14) 355 through (20), respectively, subsection (2) of that section is 356 amended, and a new subsection (13) is added to that section, to 357 read: 358 322.2616Suspension of license; persons under 21 years of 359 age; right to review. 360 (2)(a)A law enforcement officer or correctional officer 361 shall, on behalf of the department, suspend the driving 362 privilege of such person if the person has a blood-alcohol or 363 breath-alcohol level of 0.02 or higher. The officer shall also 364 suspend, on behalf of the department, the driving privilege of a 365 person who has refused to submit to a test as provided by 366 paragraph (b). The officer shall take the persons driver 367 license and issue the person a 10-day temporary driving permit 368 if the person is otherwise eligible for the driving privilege 369 and shall issue the person a notice of suspension. 370 (b)The suspension under paragraph (a) must be pursuant to, 371 and the notice of suspension must inform the driver of, the 372 following: 373 1.a.The driver refused to submit to a lawful breath test 374 and his or her driving privilege is suspended for a period of 1 375 year for a first refusal or for a period of 18 months if his or 376 her driving privilege has been previously suspended as provided 377 in this section as a result of a refusal to submit to a test, 378 and he or she is subject to mandatory placement, at his or her 379 own expense, of an ignition interlock device approved by the 380 department in the same manner as devices approved by the 381 department in accordance with s. 316.1938 for 1 continuous year 382 for a first refusal on all vehicles that he or she individually 383 or jointly leases or owns and routinely operates when he or she 384 qualifies for reinstatement of a permanent or restricted driver 385 license; or 386 b.The driver was under the age of 21 and was driving or in 387 actual physical control of a motor vehicle while having a blood 388 alcohol or breath-alcohol level of 0.02 or higher; and the 389 persons driving privilege is suspended for a period of 6 months 390 for a first violation, or for a period of 1 year if his or her 391 driving privilege has been previously suspended as provided in 392 this section for driving or being in actual physical control of 393 a motor vehicle with a blood-alcohol or breath-alcohol level of 394 0.02 or higher. 395 2.The suspension period commences on the date of issuance 396 of the notice of suspension. 397 3.The driver may request a formal or informal review of 398 the suspension by the department within 10 days after the 399 issuance of the notice of suspension. 400 4.A temporary permit issued at the time of the issuance of 401 the notice of suspension shall not become effective until after 402 12 hours have elapsed and will expire at midnight of the 10th 403 day following the date of issuance. 404 5.The driver may submit to the department any materials 405 relevant to the suspension of his or her license. 406 (c)When a driver subject to this section has a blood 407 alcohol or breath-alcohol level of 0.05 or higher, the 408 suspension shall remain in effect until such time as the driver 409 has completed a substance abuse course offered by a DUI program 410 licensed by the department. The driver shall assume the 411 reasonable costs for the substance abuse course. As part of the 412 substance abuse course, the program shall conduct a substance 413 abuse evaluation of the driver, and notify the parents or legal 414 guardians of drivers under the age of 19 years of the results of 415 the evaluation. The term substance abuse means the abuse of 416 alcohol or any substance named or described in Schedules I 417 through V of s. 893.03. If a driver fails to complete the 418 substance abuse education course and evaluation, the driver 419 license shall not be reinstated by the department. 420 (d)A minor under the age of 18 years proven to be driving 421 with a blood-alcohol or breath-alcohol level of 0.02 or higher 422 may be taken by a law enforcement officer to the addictions 423 receiving facility in the county in which the minor is found to 424 be so driving, if the county makes the addictions receiving 425 facility available for such purpose. 426 (13)If a person whose driver license is suspended for 427 refusal to submit to a lawful breath test has such suspension 428 invalidated for any reason under this section, the requirement 429 that he or she install an ignition interlock device for refusal 430 to submit to a lawful test of his or her breath under s. 431 316.1939(1) is waived. 432 Section 5.Present subsection (5) of section 322.2715, 433 Florida Statutes, is redesignated as subsection (6), subsection 434 (1) of that section is amended, and a new subsection (5) is 435 added to that section, to read: 436 322.2715Ignition interlock device. 437 (1)Before issuing a permanent or restricted driver license 438 under this chapter, the department shall require the placement 439 of a department-approved ignition interlock device for any 440 person convicted of committing an offense of driving under the 441 influence as specified in subsection (3), or for any person who 442 refused to submit to a lawful test of his or her breath as 443 specified in subsection (5), except that consideration may be 444 given to those individuals having a documented medical condition 445 that would prohibit the device from functioning normally. If a 446 medical waiver has been granted for a convicted person seeking a 447 restricted license, the convicted person shall not be entitled 448 to a restricted license until the required ignition interlock 449 device installation period under subsection (3) or subsection 450 (5) expires, in addition to the time requirements under s. 451 322.271. If a medical waiver has been approved for a convicted 452 person seeking permanent reinstatement of the driver license, 453 the convicted person must be restricted to an employment 454 purposes-only license and be supervised by a licensed DUI 455 program until the required ignition interlock device 456 installation period under subsection (3) or subsection (5) 457 expires. An interlock device shall be placed on all vehicles 458 that are individually or jointly leased or owned and routinely 459 operated by the convicted person. 460 (5)If a person refused to submit to a lawful test of his 461 or her breath as required by s. 316.1932(1)(a)1.a., he or she 462 must install, at his or her own expense, an ignition interlock 463 device on all vehicles individually or jointly leased or owned 464 and routinely operated by the person for 1 continuous year for a 465 first refusal upon reinstatement of a permanent or restricted 466 driver license. 467 Section 6.This act shall take effect October 1, 2024.