Florida Senate - 2016 SB 1244
By Senator Simmons
10-00909-16 20161244__
1 A bill to be entitled
2 An act relating to driving under the influence;
3 amending s. 316.1939, F.S.; providing penalties for a
4 first-time refusal of a chemical or physical test of a
5 person’s breath, blood, or urine; providing that a
6 subsequent refusal by a person who has previously had
7 a license suspension for a prior refusal is a
8 misdemeanor of the first degree; requiring the court
9 to impose certain mandatory ignition interlock devices
10 on the vehicles of convicted persons for a specified
11 time under certain circumstances; prohibiting a court
12 from suspending, deferring, or withholding
13 adjudication of guilt or the imposition of a sentence
14 or penalty for specified offenses; providing an
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 316.1939, Florida Statutes, is amended
20 to read:
21 316.1939 Refusal to submit to testing; penalties.—
22 (1) Any person who has refused to submit to a chemical or
23 physical test of his or her breath, blood, or urine, as
24 described in s. 316.1932, and whose driving privilege was
25 previously suspended for a prior refusal to submit to a lawful
26 test of his or her breath, urine, or blood, and:
27 (a) Who the arresting law enforcement officer had probable
28 cause to believe was driving or in actual physical control of a
29 motor vehicle in this state while under the influence of
30 alcoholic beverages, chemical substances, or controlled
31 substances;
32 (b) Who was placed under lawful arrest for a violation of
33 s. 316.193 unless such test was requested pursuant to s.
34 316.1932(1)(c);
35 (c) Who was informed that, if he or she refused to submit
36 to such test, his or her privilege to operate a motor vehicle
37 would be suspended for a period of 1 year or, in the case of a
38 second or subsequent refusal, for a period of 18 months;
39 (d) Who was informed that a refusal to submit to a lawful
40 test of his or her breath, urine, or blood, if his or her
41 driving privilege has been previously suspended for a prior
42 refusal to submit to a lawful test of his or her breath, urine,
43 or blood, is subject to penalties a misdemeanor; and
44 (e) Who, after having been so informed, refused to submit
45 to any such test when requested to do so by a law enforcement
46 officer or correctional officer shall be punished:
47 1. By a fine of at least $500 but not more than $1,000;
48 2. By probation for 6 months; and
49 3. By having 4 points assessed against his or her driver
50 license.
51 (2)(a) A person who has refused to submit to a chemical or
52 physical test of his or her breath, blood, or urine, as
53 described in s. 316.1932, and whose driving privilege was
54 previously suspended for a prior refusal to submit to a lawful
55 test of his or her breath, urine, or blood, commits a
56 misdemeanor of the first degree and is subject to punishment as
57 provided in s. 775.082 or s. 775.083.
58 (b) The court shall impose mandatory placement, for a
59 period of at least 1 year at the convicted person’s sole
60 expense, of an ignition interlock device approved by the
61 department in accordance with s. 316.1938 upon all vehicles that
62 are individually or jointly leased or owned and routinely
63 operated by the convicted person, when the convicted person
64 qualifies for a permanent or restricted license.
65 (c) A court may not suspend, defer, or withhold
66 adjudication of guilt or the imposition of a sentence or penalty
67 for an offense under paragraph (a).
68 (3)(2) The disposition of any administrative proceeding
69 that relates to the suspension of a person’s driving privilege
70 does not affect an offense a criminal action under this section.
71 (4)(3) The disposition of an offense a criminal action
72 under this section does not affect any administrative proceeding
73 that relates to the suspension of a person’s driving privilege.
74 The department’s records showing that a person’s license has
75 been previously suspended for a prior refusal to submit to a
76 lawful test of his or her breath, urine, or blood shall be
77 admissible and shall create a rebuttable presumption of such
78 suspension.
79 Section 2. This act shall take effect October 1, 2016.