Bill Text: FL S0432 | 2023 | Regular Session | Comm Sub
Bill Title: Driving Under the Influence
Spectrum: Bipartisan Bill
Status: (Failed) 2023-05-05 - Died in Appropriations Committee on Criminal and Civil Justice [S0432 Detail]
Download: Florida-2023-S0432-Comm_Sub.html
Florida Senate - 2023 CS for SB 432
By the Committee on Criminal Justice; and Senator Wright
591-03488-23 2023432c1
1 A bill to be entitled
2 An act relating to driving under the influence;
3 amending s. 316.193, F.S.; prohibiting a trial court
4 from accepting specified pleas when a person is
5 charged with the offense of driving under the
6 influence unless specified conditions are met;
7 amending s. 316.1932, F.S.; requiring a person to be
8 told that his or her first failure to submit to a
9 lawful test of breath or urine is a second degree
10 misdemeanor and his or her second or subsequent
11 refusal is a first degree misdemeanor; making
12 technical changes; amending s. 316.1939, F.S.;
13 reclassifying a person’s first failure to submit to a
14 lawful test of breath or urine as a second degree
15 misdemeanor; clarifying provisions related to a
16 person’s second or subsequent failure to submit to a
17 lawful test of breath, urine, or blood; making
18 technical changes; creating s. 316.19395, F.S.;
19 authorizing judicial circuits to create a Driving
20 Under the Influence Diversion Program; requiring the
21 policies and procedures of the program to be published
22 on the website of a participating state attorney’s
23 office; requiring each judicial circuit operating such
24 a program to submit participant information for
25 persons who successfully complete the program to the
26 Department of Highway Safety and Motor Vehicles;
27 requiring the department to notate the driver record
28 of such participants indicating successful completion;
29 prohibiting a person from completing a subsequent
30 Driving Under the Influence Diversion Program;
31 amending s. 316.656, F.S.; prohibiting a court from
32 suspending, deferring, or withholding adjudication of
33 guilt or imposition of sentence for a specified
34 violation; providing an effective date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1. Subsection (15) is added to section 316.193,
39 Florida Statutes, to read:
40 316.193 Driving under the influence; penalties.—
41 (15) A trial court judge may not accept a plea of guilty or
42 no contest to a reduced charge, including reckless driving under
43 s. 316.192, from a person charged with a violation of subsection
44 (1) unless:
45 (a) The trial court determines there is a good faith basis
46 to believe a reduction in such charge is warranted; or
47 (b) The defendant successfully completes a Driving Under
48 the Influence Diversion Program in accordance with s. 316.19395.
49 Section 2. Paragraph (a) of subsection (1) of section
50 316.1932, Florida Statutes, is amended to read:
51 316.1932 Tests for alcohol, chemical substances, or
52 controlled substances; implied consent; refusal.—
53 (1)(a)1.a. A person who accepts the privilege extended by
54 the laws of this state of operating a motor vehicle within this
55 state is, by operating such vehicle, deemed to have given his or
56 her consent to submit to an approved chemical test or physical
57 test including, but not limited to, an infrared light test of
58 his or her breath for the purpose of determining the alcoholic
59 content of his or her blood or breath if the person is lawfully
60 arrested for any offense allegedly committed while the person
61 was driving or was in actual physical control of a motor vehicle
62 while under the influence of alcoholic beverages. The chemical
63 or physical breath test must be incidental to a lawful arrest
64 and administered at the request of a law enforcement officer who
65 has reasonable cause to believe such person was driving or was
66 in actual physical control of the motor vehicle within this
67 state while under the influence of alcoholic beverages. The
68 administration of a breath test does not preclude the
69 administration of another type of test. The person must shall be
70 told that his or her failure to submit to any lawful test of his
71 or her breath will result in the suspension of his or her
72 license the person’s privilege to operate a motor vehicle as
73 provided in s. 322.2615(1)(a) for a period of 1 year for a first
74 refusal, or for a period of 18 months if the driver license
75 driving privilege of such person has been previously suspended
76 or if he or she has previously been fined under s. 327.35215 as
77 a result of a refusal to submit to a test or tests required
78 under this chapter or chapter 327, and must shall also be told
79 that if he or she refuses to submit to a lawful test of his or
80 her breath and his or her driving privilege has been previously
81 suspended or if he or she has previously been fined under s.
82 327.35215 for a prior refusal to submit to a lawful test of his
83 or her breath, urine, or blood as required under this chapter or
84 chapter 327, he or she commits a misdemeanor of the second first
85 degree, punishable as provided in s. 775.082 or s. 775.083, for
86 a first refusal and a misdemeanor of the first degree,
87 punishable as provided in s. 775.082 or s. 775.083, for a second
88 or subsequent refusal, in addition to any other penalties
89 provided by law. The refusal to submit to a chemical or physical
90 breath test upon the request of a law enforcement officer as
91 provided in this section is admissible into evidence in any
92 criminal proceeding.
93 b. A person who accepts the privilege extended by the laws
94 of this state of operating a motor vehicle within this state is,
95 by operating such vehicle, deemed to have given his or her
96 consent to submit to a urine test for the purpose of detecting
97 the presence of chemical substances as set forth in s. 877.111
98 or controlled substances if the person is lawfully arrested for
99 any offense allegedly committed while the person was driving or
100 was in actual physical control of a motor vehicle while under
101 the influence of chemical substances or controlled substances.
102 The urine test must be incidental to a lawful arrest and
103 administered at a detention facility or any other facility,
104 mobile or otherwise, which is equipped to administer such tests
105 at the request of a law enforcement officer who has reasonable
106 cause to believe such person was driving or was in actual
107 physical control of a motor vehicle within this state while
108 under the influence of chemical substances or controlled
109 substances. The urine test must shall be administered at a
110 detention facility or any other facility, mobile or otherwise,
111 which is equipped to administer such test in a reasonable manner
112 that will ensure the accuracy of the specimen and maintain the
113 privacy of the individual involved. The administration of a
114 urine test does not preclude the administration of another type
115 of test. The person must shall be told that his or her failure
116 to submit to any lawful test of his or her urine will result in
117 the suspension of his or her license the person’s privilege to
118 operate a motor vehicle for a period of 1 year for the first
119 refusal, or for a period of 18 months if the driver license
120 driving privilege of such person has been previously suspended
121 or if he or she has previously been fined under s. 327.35215 as
122 a result of a refusal to submit to a test or tests required
123 under this chapter or chapter 327, and must shall also be told
124 that if he or she refuses to submit to a lawful test of his or
125 her urine and his or her driving privilege has been previously
126 suspended or if he or she has previously been fined under s.
127 327.35215 for a prior refusal to submit to a lawful test of his
128 or her breath, urine, or blood as required under this chapter or
129 chapter 327, he or she commits a misdemeanor of the first
130 degree, punishable as provided in s. 775.082 or s. 775.083, in
131 addition to any other penalties provided by law. The refusal to
132 submit to a urine test upon the request of a law enforcement
133 officer as provided in this section is admissible into evidence
134 in any criminal proceeding.
135 2. The Alcohol Testing Program within the Department of Law
136 Enforcement is responsible for the regulation of the operation,
137 inspection, and registration of breath test instruments utilized
138 under the driving and boating under the influence provisions and
139 related provisions located in this chapter and chapters 322 and
140 327. The program is responsible for the regulation of the
141 individuals who operate, inspect, and instruct on the breath
142 test instruments utilized in the driving and boating under the
143 influence provisions and related provisions located in this
144 chapter and chapters 322 and 327. The program is further
145 responsible for the regulation of blood analysts who conduct
146 blood testing to be utilized under the driving and boating under
147 the influence provisions and related provisions located in this
148 chapter and chapters 322 and 327. The program shall:
149 a. Establish uniform criteria for the issuance of permits
150 to breath test operators, agency inspectors, instructors, blood
151 analysts, and instruments.
152 b. Have the authority to permit breath test operators,
153 agency inspectors, instructors, blood analysts, and instruments.
154 c. Have the authority to discipline and suspend, revoke, or
155 renew the permits of breath test operators, agency inspectors,
156 instructors, blood analysts, and instruments.
157 d. Establish uniform requirements for instruction and
158 curricula for the operation and inspection of approved
159 instruments.
160 e. Have the authority to specify one approved curriculum
161 for the operation and inspection of approved instruments.
162 f. Establish a procedure for the approval of breath test
163 operator and agency inspector classes.
164 g. Have the authority to approve or disapprove breath test
165 instruments and accompanying paraphernalia for use pursuant to
166 the driving and boating under the influence provisions and
167 related provisions located in this chapter and chapters 322 and
168 327.
169 h. With the approval of the executive director of the
170 Department of Law Enforcement, make and enter into contracts and
171 agreements with other agencies, organizations, associations,
172 corporations, individuals, or federal agencies as are necessary,
173 expedient, or incidental to the performance of duties.
174 i. Issue final orders which include findings of fact and
175 conclusions of law and which constitute final agency action for
176 the purpose of chapter 120.
177 j. Enforce compliance with this section through civil or
178 administrative proceedings.
179 k. Make recommendations concerning any matter within the
180 purview of this section, this chapter, chapter 322, or chapter
181 327.
182 l. Adopt Promulgate rules for the administration and
183 implementation of this section, including definitions of terms.
184 m. Consult and cooperate with other entities for the
185 purpose of implementing the mandates of this section.
186 n. Have the authority to approve the type of blood test
187 utilized under the driving and boating under the influence
188 provisions and related provisions located in this chapter and
189 chapters 322 and 327.
190 o. Have the authority to specify techniques and methods for
191 breath alcohol testing and blood testing utilized under the
192 driving and boating under the influence provisions and related
193 provisions located in this chapter and chapters 322 and 327.
194 p. Have the authority to approve repair facilities for the
195 approved breath test instruments, including the authority to set
196 criteria for approval.
197
198 Nothing in This paragraph may not section shall be construed to
199 supersede provisions in this chapter and chapters 322 and 327.
200 The specifications in this section are derived from the power
201 and authority previously and currently possessed by the
202 Department of Law Enforcement and are enumerated to conform with
203 the mandates of chapter 99-379, Laws of Florida.
204 Section 3. Section 316.1939, Florida Statutes, is amended
205 to read:
206 316.1939 Refusal to submit to testing; penalties.—
207 (1) A person who has refused to submit to a chemical or
208 physical test of his or her breath or urine, as described in s.
209 316.1932, commits a misdemeanor of the second degree, punishable
210 as provided in s. 775.082 or s. 775.083, in addition to any
211 other penalties provided by law, if and whose driving privilege
212 was previously suspended or who was previously fined under s.
213 327.35215 for a prior refusal to submit to a lawful test of his
214 or her breath, urine, or blood required under this chapter or
215 chapter 327, and:
216 (a) Who The arresting law enforcement officer had probable
217 cause to believe the person was driving or in actual physical
218 control of a motor vehicle in this state while under the
219 influence of alcoholic beverages, chemical substances, or
220 controlled substances;
221 (b) The person Who was placed under lawful arrest for a
222 violation of s. 316.193, unless such test was requested pursuant
223 to s. 316.1932(1)(c);
224 (c) The person Who was informed that, if he or she refused
225 to submit to such test, his or her license privilege to operate
226 a motor vehicle would be suspended for a period of 1 year or, in
227 the case of a second or subsequent refusal, for a period of 18
228 months; and
229 (d) The person, after having been so informed, still
230 refuses Who was informed that a refusal to submit to a lawful
231 test of his or her breath or urine when requested to do so by a
232 law enforcement or correctional officer.
233 (2) A second or subsequent refusal to submit to a lawful
234 test of breath, urine, or blood as specified in subsection (1)
235 is a misdemeanor of the first degree, punishable as provided in
236 s. 775.082 or s. 775.083, in addition to any other penalties
237 provided by law, if his or her driving privilege has been
238 previously suspended or if he or she has previously been fined
239 under s. 327.35215 for a prior refusal to submit to a lawful
240 test of his or her breath, urine, or blood as required under
241 this chapter or chapter 327, is a misdemeanor of the first
242 degree, punishable as provided in s. 775.082 or s. 775.083, in
243 addition to any other penalties provided by law; and
244 (e) Who, after having been so informed, refused to submit
245 to any such test when requested to do so by a law enforcement
246 officer or correctional officer
247
248 commits a misdemeanor of the first degree and is subject to
249 punishment as provided in s. 775.082 or s. 775.083.
250 (3)(2) The disposition of any administrative proceeding
251 that relates to the suspension of a person’s driver license
252 driving privilege does not affect a criminal action under this
253 section.
254 (4)(3) The disposition of a criminal action under this
255 section does not affect any administrative proceeding that
256 relates to the suspension of a person’s driver license driving
257 privilege. The department’s records showing that a person’s
258 license has been previously suspended for a prior refusal to
259 submit to a lawful test of his or her breath, urine, or blood is
260 shall be admissible and creates shall create a rebuttable
261 presumption of such suspension.
262 Section 4. Section 316.19395, Florida Statutes, is created
263 to read:
264 316.19395 Driving Under the Influence Diversion Programs.—
265 (1) Any judicial circuit may create a Driving Under the
266 Influence Diversion Program. A judicial circuit that creates
267 such a program shall publish the terms and conditions of the
268 program on the website of the office of the state attorney.
269 (2) Each judicial circuit operating a Driving Under the
270 Influence Diversion Program must report to the department
271 persons who have successfully completed the program. The
272 department shall notate the successful participation of the
273 diversion program on the driving record of such persons.
274 (3) If, after successfully completing a diversion program,
275 a person is charged with a new driving-under-the-influence
276 offense, the person may not participate in a subsequent Driving
277 Under the Influence Diversion Program.
278 Section 5. Subsection (1) of section 316.656, Florida
279 Statutes, is amended to read:
280 316.656 Mandatory adjudication; prohibition against
281 accepting plea to lesser included offense.—
282 (1) Notwithstanding the provisions of s. 948.01, a court
283 may not no court may suspend, defer, or withhold adjudication of
284 guilt or imposition of sentence for any violation of s. 316.193
285 or s. 316.1939, for manslaughter resulting from the operation of
286 a motor vehicle, or for vehicular homicide.
287 Section 6. This act shall take effect October 1, 2023.
