CS for SB 260 First Engrossed 2024260e1 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 incidental to a lawful 8 arrest be told that he or she is subject, for a first 9 refusal, to the suspension of the privilege to operate 10 a motor vehicle unless the person agrees to the 11 placement for a specified timeframe, at the persons 12 own expense, of an ignition interlock device on all 13 vehicles that are individually or jointly leased or 14 owned and routinely operated by the person for 1 15 continuous year; amending s. 316.1939, F.S.; requiring 16 that a person arrested for driving under the influence 17 who refuses to submit to a lawful test of his or her 18 breath be subject, for a first refusal, to the 19 suspension of the privilege to operate a motor vehicle 20 for a specified period unless the person agrees to the 21 placement for a specified timeframe, at the persons 22 own expense, of an ignition interlock device on all 23 vehicles that are individually or jointly leased or 24 owned and routinely operated by the person for 1 25 continuous year when the person qualifies for 26 reinstatement of a permanent or restricted driver 27 license; providing applicability; authorizing certain 28 placement periods for ignition interlock devices to 29 run concurrently; requiring reporting to the 30 Department of Highway Safety and Motor Vehicles; 31 specifying application of prohibitions and penalties; 32 requiring the department to annually post on its 33 website certain information; conforming provisions to 34 changes made by the act; amending s. 322.2615, F.S.; 35 requiring that a notice of suspension contain certain 36 information; prohibiting eligibility to receive a 37 license until certain actions are performed; providing 38 construction; amending s. 322.2616, F.S.; requiring 39 that a notice of suspension issued to persons younger 40 than a specified age contain certain information; 41 requiring that a certain notice of suspension include 42 certain information; revising the scope of a formal 43 review hearing; revising the requirements for issuance 44 of a license after the last temporary driving permit 45 was issued; requiring the department to terminate the 46 suspension effective on the date of ignition interlock 47 device placement on such vehicles; amending s. 48 322.2715, F.S.; directing the department to require 49 placement of an ignition interlock device before 50 issuing a permanent or restricted driver license to a 51 person who refused to submit to a lawful test of his 52 or her breath; requiring the person to install the 53 device at his or her own expense for a specified 54 period; providing an effective date. 55 56 Be It Enacted by the Legislature of the State of Florida: 57 58 Section 1.Paragraph (a) of subsection (1) of section 59 316.1932, Florida Statutes, is amended to read: 60 316.1932Tests for alcohol, chemical substances, or 61 controlled substances; implied consent; refusal. 62 (1)(a)1.a.A person who accepts the privilege extended by 63 the laws of this state of operating a motor vehicle within this 64 state is, by operating such vehicle, deemed to have given his or 65 her consent to submit to an approved chemical test or physical 66 test including, but not limited to, an infrared light test of 67 his or her breath for the purpose of determining the alcoholic 68 content of his or her blood or breath if the person is lawfully 69 arrested for any offense allegedly committed while the person 70 was driving or was in actual physical control of a motor vehicle 71 while under the influence of alcoholic beverages. The chemical 72 or physical breath test must be incidental to a lawful arrest 73 and administered at the request of a law enforcement officer who 74 has reasonable cause to believe such person was driving or was 75 in actual physical control of the motor vehicle within this 76 state while under the influence of alcoholic beverages. The 77 administration of a breath test does not preclude the 78 administration of another type of test. The person must shall be 79 told that his or her failure to submit to any lawful test of his 80 or her breath will, for a first refusal, result in the 81 suspension of the persons privilege to operate a motor vehicle 82 for a period of 1 year, unless, instead of such suspension, the 83 person agrees to placement for 1 continuous year, at the 84 persons own expense, of a department-approved ignition 85 interlock device on all vehicles that are individually or 86 jointly leased or owned and routinely operated by the person. 87 for a first refusal, or for a period of 18 months If the driving 88 privilege of such person has been previously suspended or if he 89 or she has previously been fined under s. 327.35215 as a result 90 of a refusal to submit to a test or tests required under this 91 chapter or chapter 327, the person must be told that his or her 92 failure to submit to any lawful test of his or her breath will 93 result in the suspension of the persons privilege to operate a 94 motor vehicle for 18 months. The person must and shall also be 95 told that if he or she refuses to submit to a lawful test of his 96 or her breath and his or her driving privilege has been 97 previously suspended or if he or she has previously been fined 98 under s. 327.35215 for a prior refusal to submit to a lawful 99 test of his or her breath, urine, or blood as required under 100 this chapter or chapter 327, he or she commits a misdemeanor of 101 the first degree, punishable as provided in s. 775.082 or s. 102 775.083, in addition to any other penalties provided by law. The 103 refusal to submit to a chemical or physical breath test upon the 104 request of a law enforcement officer as provided in this section 105 is admissible into evidence in any criminal proceeding. 106 b.A person who accepts the privilege extended by the laws 107 of this state of operating a motor vehicle within this state is, 108 by operating such vehicle, deemed to have given his or her 109 consent to submit to a urine test for the purpose of detecting 110 the presence of chemical substances as set forth in s. 877.111 111 or controlled substances if the person is lawfully arrested for 112 any offense allegedly committed while the person was driving or 113 was in actual physical control of a motor vehicle while under 114 the influence of chemical substances or controlled substances. 115 The urine test must be incidental to a lawful arrest and 116 administered at a detention facility or any other facility, 117 mobile or otherwise, which is equipped to administer such tests 118 at the request of a law enforcement officer who has reasonable 119 cause to believe such person was driving or was in actual 120 physical control of a motor vehicle within this state while 121 under the influence of chemical substances or controlled 122 substances. The urine test must shall be administered at a 123 detention facility or any other facility, mobile or otherwise, 124 which is equipped to administer such test in a reasonable manner 125 that will ensure the accuracy of the specimen and maintain the 126 privacy of the individual involved. The administration of a 127 urine test does not preclude the administration of another type 128 of test. The person must shall be told that his or her failure 129 to submit to any lawful test of his or her urine will result in 130 the suspension of the persons privilege to operate a motor 131 vehicle for a period of 1 year for the first refusal, or for a 132 period of 18 months if the driving privilege of such person has 133 been previously suspended or if he or she has previously been 134 fined under s. 327.35215 as a result of a refusal to submit to a 135 test or tests required under this chapter or chapter 327, and 136 must shall also be told that if he or she refuses to submit to a 137 lawful test of his or her urine and his or her driving privilege 138 has been previously suspended or if he or she has previously 139 been fined under s. 327.35215 for a prior refusal to submit to a 140 lawful test of his or her breath, urine, or blood as required 141 under this chapter or chapter 327, he or she commits a 142 misdemeanor of the first degree, punishable as provided in s. 143 775.082 or s. 775.083, in addition to any other penalties 144 provided by law. The refusal to submit to a urine test upon the 145 request of a law enforcement officer as provided in this section 146 is admissible into evidence in any criminal proceeding. 147 2.The Alcohol Testing Program within the Department of Law 148 Enforcement is responsible for the regulation of the operation, 149 inspection, and registration of breath test instruments used 150 utilized under the driving and boating under the influence 151 provisions and related provisions located in this chapter and 152 chapters 322 and 327. The program is responsible for the 153 regulation of the individuals who operate, inspect, and instruct 154 on the breath test instruments used utilized in the driving and 155 boating under the influence provisions and related provisions 156 located in this chapter and chapters 322 and 327. The program is 157 further responsible for the regulation of blood analysts who 158 conduct blood testing to be used utilized under the driving and 159 boating under the influence provisions and related provisions 160 located in this chapter and chapters 322 and 327. The program 161 must shall: 162 a.Establish uniform criteria for the issuance of permits 163 to breath test operators, agency inspectors, instructors, blood 164 analysts, and instruments. 165 b.Have the authority to permit breath test operators, 166 agency inspectors, instructors, blood analysts, and instruments. 167 c.Have the authority to discipline and suspend, revoke, or 168 renew the permits of breath test operators, agency inspectors, 169 instructors, blood analysts, and instruments. 170 d.Establish uniform requirements for instruction and 171 curricula for the operation and inspection of approved 172 instruments. 173 e.Have the authority to specify one approved curriculum 174 for the operation and inspection of approved instruments. 175 f.Establish a procedure for the approval of breath test 176 operator and agency inspector classes. 177 g.Have the authority to approve or disapprove breath test 178 instruments and accompanying paraphernalia for use pursuant to 179 the driving and boating under the influence provisions and 180 related provisions located in this chapter and chapters 322 and 181 327. 182 h.With the approval of the executive director of the 183 Department of Law Enforcement, make and enter into contracts and 184 agreements with other agencies, organizations, associations, 185 corporations, individuals, or federal agencies as are necessary, 186 expedient, or incidental to the performance of duties. 187 i.Issue final orders that which include findings of fact 188 and conclusions of law and that which constitute final agency 189 action for the purpose of chapter 120. 190 j.Enforce compliance with this section through civil or 191 administrative proceedings. 192 k.Make recommendations concerning any matter within the 193 purview of this section, this chapter, chapter 322, or chapter 194 327. 195 l.Adopt Promulgate rules for the administration and 196 implementation of this section, including definitions of terms. 197 m.Consult and cooperate with other entities for the 198 purpose of implementing the mandates of this section. 199 n.Have the authority to approve the type of blood test 200 used utilized under the driving and boating under the influence 201 provisions and related provisions located in this chapter and 202 chapters 322 and 327. 203 o.Have the authority to specify techniques and methods for 204 breath alcohol testing and blood testing used utilized under the 205 driving and boating under the influence provisions and related 206 provisions located in this chapter and chapters 322 and 327. 207 p.Have the authority to approve repair facilities for the 208 approved breath test instruments, including the authority to set 209 criteria for approval. 210 211 Nothing in This section does not shall be construed to supersede 212 provisions in this chapter and chapters 322 and 327. The 213 specifications in this section are derived from the power and 214 authority previously and currently possessed by the Department 215 of Law Enforcement and are enumerated to conform with the 216 mandates of chapter 99-379, Laws of Florida. 217 Section 2.Section 316.1939, Florida Statutes, is amended 218 to read: 219 316.1939Refusal to submit to testing; penalties. 220 (1)(a)A person who refuses to submit to a lawful test of 221 his or her breath as required under s. 316.1932(1)(a)1.a. is 222 subject, for a first refusal, to suspension of the persons 223 driving privilege for 1 year unless, instead of such suspension, 224 the person agrees to placement, at the persons own expense, of 225 an ignition interlock device approved by the department in the 226 same manner as devices approved by the department in accordance 227 with s. 316.1938 on all vehicles individually or jointly leased 228 or owned and routinely operated by the person for 1 continuous 229 year for a first refusal when the person qualifies for 230 reinstatement of a permanent or restricted driver license. This 231 subsection applies in addition to any other penalties authorized 232 by this section. The ignition interlock device placement period 233 required by this subsection shall run concurrently with any 234 other ignition interlock device placement period required by a 235 court or the department. 236 (b)Proof of installation of an ignition interlock device 237 required by this subsection must be sent to the department, and 238 verification of the operation of the device in the persons 239 vehicle must be periodically reported to the department. 240 (c)The prohibitions and penalties provided in s. 241 316.1937(5), (6), and (8) apply to a person whose driving 242 privilege is restricted pursuant to this subsection and to an 243 ignition interlock device required by this subsection. 244 (2)(1)A person who has refused to submit to a chemical or 245 physical test of his or her breath or urine, as described in s. 246 316.1932, and whose driving privilege was previously suspended 247 or who was previously fined under s. 327.35215 for a prior 248 refusal to submit to a lawful test of his or her breath, urine, 249 or blood required under this chapter or chapter 327, and: 250 (a)Who the arresting law enforcement officer had probable 251 cause to believe was driving or in actual physical control of a 252 motor vehicle in this state while under the influence of 253 alcoholic beverages, chemical substances, or controlled 254 substances; 255 (b)Who was placed under lawful arrest for a violation of 256 s. 316.193 unless such test was requested pursuant to s. 257 316.1932(1)(c); 258 (c)Who was informed that, if he or she refused to submit 259 to such test in the case of a second or subsequent refusal, his 260 or her privilege to operate a motor vehicle would be suspended 261 for a period of 1 year or, in the case of a second or subsequent 262 refusal, for a period of 18 months; 263 (d)Who was informed that a refusal to submit to a lawful 264 test of his or her breath or urine, if his or her driving 265 privilege has been previously suspended or if he or she has 266 previously been fined under s. 327.35215 for a prior refusal to 267 submit to a lawful test of his or her breath, urine, or blood as 268 required under this chapter or chapter 327, is a misdemeanor of 269 the first degree, punishable as provided in s. 775.082 or s. 270 775.083, in addition to any other penalties provided by law; and 271 (e)Who, after having been so informed, refused to submit 272 to any such test when requested to do so by a law enforcement 273 officer or correctional officer 274 275 commits a misdemeanor of the first degree and is subject to 276 punishment as provided in s. 775.082 or s. 775.083. 277 (3)(2)The disposition of any administrative proceeding 278 that relates to the suspension of a persons driving privilege 279 does not affect a criminal action under subsection (2) this 280 section. 281 (4)(3)The disposition of a criminal action under 282 subsection (2) this section does not affect any administrative 283 proceeding that relates to the suspension of a persons driving 284 privilege. The departments records showing that a persons 285 license has been previously suspended for a prior refusal to 286 submit to a lawful test of his or her breath, urine, or blood is 287 shall be admissible and creates shall create a rebuttable 288 presumption of such suspension. 289 (5)The department shall annually post on its website the 290 number of drivers who refuse to submit to a test and who either 291 choose to obtain a hardship license or choose to reinstate their 292 license with an ignition interlock device. 293 Section 3.Subsections (1) and (3), paragraph (a) of 294 subsection (10), and paragraph (b) of subsection (14) of section 295 322.2615, Florida Statutes, are amended to read: 296 322.2615Suspension of license; right to review. 297 (1)(a)A law enforcement officer or correctional officer 298 shall, on behalf of the department, suspend the driving 299 privilege of a person who is driving or in actual physical 300 control of a motor vehicle and who has an unlawful blood-alcohol 301 level or breath-alcohol level of 0.08 or higher, or of a person 302 who has refused to submit to a urine test or a test of his or 303 her breath-alcohol or blood-alcohol level. The officer shall 304 take the persons driver license and issue the person a 10-day 305 temporary permit if the person is otherwise eligible for the 306 driving privilege and shall issue the person a notice of 307 suspension. If a blood test has been administered, the officer 308 or the agency employing the officer shall transmit such results 309 to the department within 5 days after receipt of the results. If 310 the department then determines that the person had a blood 311 alcohol level or breath-alcohol level of 0.08 or higher, the 312 department shall suspend the persons driver license pursuant to 313 subsection (3). 314 (b)The suspension under paragraph (a) shall be pursuant 315 to, and the notice of suspension shall inform the driver of, the 316 following: 317 1.a.The driver refused to submit to a lawful breath, 318 blood, or urine test and his or her driving privilege is 319 suspended for a period of 1 year for a first refusal unless, 320 instead of such suspension, the driver agrees to placement, at 321 his or her own expense, of an ignition interlock device approved 322 by the department in accordance with s. 316.1938 for 1 323 continuous year on all vehicles that he or she individually or 324 jointly leases or owns and routinely operates, or for a period 325 of 18 months if his or her driving privilege has been previously 326 suspended as a result of a refusal to submit to such a test; or 327 b.The driver was driving or in actual physical control of 328 a motor vehicle and had an unlawful blood-alcohol level or 329 breath-alcohol level of 0.08 or higher and his or her driving 330 privilege is suspended for a period of 6 months for a first 331 offense or for a period of 1 year if his or her driving 332 privilege has been previously suspended under this section. 333 2.The suspension period shall commence on the date of 334 issuance of the notice of suspension. 335 3.The driver may request a formal or informal review of 336 the suspension by the department within 10 days after the date 337 of issuance of the notice of suspension or may request a review 338 of eligibility for a restricted driving privilege under s. 339 322.271(7). 340 4.A driver who requests a formal or informal review of the 341 suspension for a first-time refusal of a lawful breath, blood, 342 or urine test waives the privilege to agree to the placement, at 343 his or her expense of an ignition interlock device approved by 344 the department for 1 year on all vehicles that he or she 345 individually or jointly leases or owns and routinely operates if 346 the driver requests a formal or informal review of the 347 suspension for a first-time refusal of a lawful breath, blood, 348 or urine test. 349 5.If the driver agrees to the placement, at his or her own 350 expense, of a department-approved ignition interlock device 351 approved by the department in accordance with s. 316.1938 for 1 352 year on all vehicles that he or she individually or jointly 353 leases or owns and routinely operates instead of a 1-year 354 suspension for a first-time refusal of a lawful breath, blood, 355 or urine test, the driver must notify the department of his or 356 her agreement to the installation of an ignition interlock 357 device and must have the ignition interlock device installed in 358 such vehicles within 10 days after the date of the issuance of 359 the notice of suspension. If the driver agrees to the placement 360 of an ignition interlock device, such placement shall be entered 361 on the drivers record and have the same effect as suspension 362 for failure to submit to a lawful test of breath, blood, or 363 urine. 364 6.4.The temporary permit issued at the time of suspension 365 expires at midnight of the 10th day following the date of 366 issuance of the notice of suspension. 367 7.5.The driver may submit to the department any materials 368 relevant to the suspension. 369 (3)If the department determines that the license should be 370 suspended pursuant to this section and if the notice of 371 suspension has not already been served upon the person by a law 372 enforcement officer or correctional officer as provided in 373 subsection (1), the department shall issue a notice of 374 suspension and, unless the notice is mailed pursuant to s. 375 322.251, a temporary permit that expires 10 days after the date 376 of issuance if the driver is otherwise eligible. The notice 377 shall also inform the driver that his or her driving privilege 378 is suspended unless, instead of such suspension, the driver 379 agrees to placement, at his or her own expense, of a department 380 approved ignition interlock device in accordance with s. 381 316.1938 for 1 continuous year on all vehicles that he or she 382 individually or jointly leases or owns and routinely operates. 383 (10)A person whose driver license is suspended under 384 subsection (1) or subsection (3) may apply for issuance of a 385 license for business or employment purposes only if the person 386 is otherwise eligible for the driving privilege pursuant to s. 387 322.271. 388 (a)If the suspension of the driver license of the person 389 for failure to submit to a breath, urine, or blood test is 390 sustained, the person is not eligible to receive a license for 391 business or employment purposes only, pursuant to s. 322.271, 392 until 90 days have elapsed after the expiration of the last 393 temporary permit issued and the person has had a department 394 approved ignition interlock device in accordance with s. 395 316.1938 installed for 1 continuous year, at the persons own 396 expense, on all vehicles that he or she individually or jointly 397 leases or owns and routinely operates. If the driver is not 398 issued a 10-day permit pursuant to this section or s. 322.64 399 because he or she is ineligible for the permit and the 400 suspension for failure to submit to a breath, urine, or blood 401 test is not invalidated by the department, the driver is not 402 eligible to receive a business or employment license pursuant to 403 s. 322.271 until 90 days have elapsed from the date of the 404 suspension and has had a department-approved ignition interlock 405 device in accordance with s. 316.1938 installed for 1 continuous 406 year, at the persons own expense, on all vehicles that he or 407 she individually or jointly leases or owns and routinely 408 operates. 409 (14) 410 (b)The disposition of any related criminal proceedings 411 does not affect a suspension or ignition interlock placement for 412 refusal to submit to a blood, breath, or urine test imposed 413 under this section. 414 Section 4.Subsections (2) and (4), paragraph (b) of 415 subsection (8), and subsections (11) and (15) of section 416 322.2616, Florida Statutes, are amended to read: 417 322.2616Suspension of license; persons under 21 years of 418 age; right to review. 419 (2)(a)A law enforcement officer or correctional officer 420 shall, on behalf of the department, suspend the driving 421 privilege of such person if the person has a blood-alcohol or 422 breath-alcohol level of 0.02 or higher. The officer shall also 423 suspend, on behalf of the department, the driving privilege of a 424 person who has refused to submit to a test as provided by 425 paragraph (b). The officer shall take the persons driver 426 license and issue the person a 10-day temporary driving permit 427 if the person is otherwise eligible for the driving privilege 428 and shall issue the person a notice of suspension. 429 (b)The suspension under paragraph (a) must be pursuant to, 430 and the notice of suspension must inform the driver of, the 431 following: 432 1.a.The driver refused to submit to a lawful breath test 433 and his or her driving privilege is suspended for a period of 1 434 year for a first refusal unless, instead of such suspension, the 435 driver agrees to placement, at his or her own expense, of a 436 department-approved ignition interlock device in accordance with 437 s. 316.1938 for 1 continuous year on all vehicles that he or she 438 individually or jointly leases or owns and routinely operates, 439 or for a period of 18 months if his or her driving privilege has 440 been previously suspended as provided in this section as a 441 result of a refusal to submit to a test; or 442 b.The driver was under the age of 21 and was driving or in 443 actual physical control of a motor vehicle while having a blood 444 alcohol or breath-alcohol level of 0.02 or higher; and the 445 persons driving privilege is suspended for a period of 6 months 446 for a first violation, or for a period of 1 year if his or her 447 driving privilege has been previously suspended as provided in 448 this section for driving or being in actual physical control of 449 a motor vehicle with a blood-alcohol or breath-alcohol level of 450 0.02 or higher. 451 2.The suspension period commences on the date of issuance 452 of the notice of suspension. 453 3.The driver may request a formal or informal review of 454 the suspension by the department within 10 days after the 455 issuance of the notice of suspension. 456 4.A driver who requests a formal or informal review of the 457 suspension for a first-time refusal of a lawful breath or blood 458 test waives the privilege to agree to the placement, at his or 459 her own expense, of a department-approved ignition interlock 460 device for 1 year on all vehicles that he or she individually or 461 jointly leases or owns and routinely operates. 462 5.If the driver agrees to the placement, at his or her own 463 expense, of a department-approved ignition interlock device in 464 accordance with s. 316.1938 for 1 year on all vehicles that he 465 or she individually or jointly leases or owns and routinely 466 operates instead of a 1-year suspension for a first-time refusal 467 of a lawful blood-alcohol or breath-alcohol test, the driver 468 must notify the department of his or her agreement to the 469 installation of an ignition interlock device and must have the 470 ignition interlock device installed in such vehicles within 10 471 days after the date of the issuance of the notice of suspension. 472 If the driver agrees to the placement of an ignition interlock 473 device, such placement shall be entered on the drivers record 474 and have the same effect as suspension for failure to submit to 475 a lawful test of blood-alcohol or breath-alcohol. 476 6.4.A temporary permit issued at the time of the issuance 477 of the notice of suspension shall not become effective until 478 after 12 hours have elapsed and will expire at midnight of the 479 10th day following the date of issuance. 480 7.5.The driver may submit to the department any materials 481 relevant to the suspension of his or her license. 482 (c)When a driver subject to this section has a blood 483 alcohol or breath-alcohol level of 0.05 or higher, the 484 suspension shall remain in effect until such time as the driver 485 has completed a substance abuse course offered by a DUI program 486 licensed by the department. The driver shall assume the 487 reasonable costs for the substance abuse course. As part of the 488 substance abuse course, the program shall conduct a substance 489 abuse evaluation of the driver, and notify the parents or legal 490 guardians of drivers under the age of 19 years of the results of 491 the evaluation. The term substance abuse means the abuse of 492 alcohol or any substance named or described in Schedules I 493 through V of s. 893.03. If a driver fails to complete the 494 substance abuse education course and evaluation, the driver 495 license shall not be reinstated by the department. 496 (d)A minor under the age of 18 years proven to be driving 497 with a blood-alcohol or breath-alcohol level of 0.02 or higher 498 may be taken by a law enforcement officer to the addictions 499 receiving facility in the county in which the minor is found to 500 be so driving, if the county makes the addictions receiving 501 facility available for such purpose. 502 (4)If the department finds that the license of the person 503 should be suspended under this section and if the notice of 504 suspension has not already been served upon the person by a law 505 enforcement officer or correctional officer as provided in 506 subsection (2), the department shall issue a notice of 507 suspension and, unless the notice is mailed under s. 322.251, a 508 temporary driving permit that expires 10 days after the date of 509 issuance if the driver is otherwise eligible. The notice shall 510 also inform the driver that his or her driving privilege is 511 suspended unless, instead of such suspension, the driver agrees 512 to placement, at his or her own expense, of a department 513 approved ignition interlock device in accordance with s. 514 316.1938 for 1 continuous year on all vehicles that he or she 515 individually or jointly leases or owns and routinely operates. 516 The department shall terminate the suspension effective on the 517 date of ignition interlock device placement on such vehicles. 518 (8)In a formal review hearing under subsection (7) or an 519 informal review hearing under subsection (5), the hearing 520 officer shall determine by a preponderance of the evidence 521 whether sufficient cause exists to sustain, amend, or invalidate 522 the suspension. The scope of the review is limited to the 523 following issues: 524 (b)If the license was suspended because of the 525 individuals refusal to submit to a breath test: 526 1.Whether the law enforcement officer had probable cause 527 to believe that the person was under the age of 21 and was 528 driving or in actual physical control of a motor vehicle in this 529 state with any blood-alcohol or breath-alcohol level or while 530 under the influence of alcoholic beverages. 531 2.Whether the person was under the age of 21. 532 3.Whether the person refused to submit to a breath test 533 after being requested to do so by a law enforcement officer or 534 correctional officer. 535 4.Whether the person was told that if he or she refused to 536 submit to a breath test his or her privilege to operate a motor 537 vehicle would be suspended for a period of 1 year unless the 538 driver agrees to placement, at his or her own expense, of a 539 department-approved ignition interlock device in accordance with 540 s. 316.1938 for 1 continuous year on all vehicles that he or she 541 individually or jointly leases or owns and routinely operates, 542 or, in the case of a second or subsequent refusal, for a period 543 of 18 months. 544 (11)A person whose driver license is suspended under 545 subsection (2) or subsection (4) may apply for issuance of a 546 license for business or employment purposes only, pursuant to s. 547 322.271, if the person is otherwise eligible for the driving 548 privilege. However, such a license may not be issued until 30 549 days have elapsed after the expiration of the last temporary 550 driving permit issued under this section and, if the suspension 551 is for a first-time refusal of a blood-alcohol, breath-alcohol, 552 or urine test and such suspension was affirmed in a formal or 553 informal hearing, such person must have an ignition interlock 554 device installed as approved by the department in the same 555 manner as devices approved by the department in accordance with 556 s. 316.1938 for 1 year on all vehicles that he or she 557 individually or jointly leases or owns and routinely operates. 558 (15)The decision of the department under this section 559 shall not be considered in any trial for a violation of s. 560 316.193, nor shall any written statement submitted by a person 561 in his or her request for departmental review under this section 562 be admissible into evidence against him or her in any such 563 trial. The disposition of any related criminal proceedings shall 564 not affect a suspension or ignition interlock placement imposed 565 under this section. 566 Section 5.Present subsection (5) of section 322.2715, 567 Florida Statutes, is redesignated as subsection (6), a new 568 subsection (5) is added to that section, and subsection (1) of 569 that section is amended, to read: 570 322.2715Ignition interlock device. 571 (1)Before issuing a permanent or restricted driver license 572 under this chapter, the department shall require the placement 573 of a department-approved ignition interlock device for any 574 person convicted of committing an offense of driving under the 575 influence as specified in subsection (3), or for any person who 576 refused to submit to a lawful test of his or her breath as 577 specified in subsection (5) and who chooses ignition interlock 578 placement in lieu of suspension of the persons privilege to 579 operate a motor vehicle for a period of 1 year, except that 580 consideration may be given to those individuals having a 581 documented medical condition that would prohibit the device from 582 functioning normally. If a medical waiver has been granted for a 583 convicted person seeking a restricted license, the convicted 584 person shall not be entitled to a restricted license until the 585 required ignition interlock device installation period under 586 subsection (3) or subsection (5) expires, in addition to the 587 time requirements under s. 322.271. If a medical waiver has been 588 approved for a convicted person seeking permanent reinstatement 589 of the driver license, the convicted person must be restricted 590 to an employment-purposes-only license and be supervised by a 591 licensed DUI program until the required ignition interlock 592 device installation period under subsection (3) or subsection 593 (5) expires. An interlock device shall be placed on all vehicles 594 that are individually or jointly leased or owned and routinely 595 operated by the convicted person. 596 (5)If a person refused to submit to a lawful test of his 597 or her breath as required by s. 316.1932(1)(a)1.a., and it is 598 the first time he or she refused to submit to a lawful test of 599 his or her breath, in lieu of suspension of the persons 600 privilege to operate a motor vehicle for a period of 1 year, the 601 person may choose to install, at his or her own expense, a 602 department-approved ignition interlock device on all vehicles 603 individually or jointly leased or owned and routinely operated 604 by the person for 1 continuous year. 605 Section 6.This act shall take effect October 1, 2024.