Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 296
       
       
       
       
       
       
                                Ì3060583Î306058                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/15/2023           .                                
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       The Committee on Transportation (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 42 - 252
    4  and insert:
    5  or her breath will, for a first refusal, result in the
    6  suspension of the person’s privilege to operate a motor vehicle
    7  for a period of 1 year and mandatory continuous placement for 1
    8  year, at the person’s expense, of an ignition interlock device
    9  approved by the department in accordance with s. 316.1938 on all
   10  vehicles individually or jointly leased or owned and routinely
   11  operated by the person as provided in s. 316.1939(1). for a
   12  first refusal, or for a period of 18 months If the driving
   13  privilege of such person has been previously suspended or if he
   14  or she has previously been fined under s. 327.35215 as a result
   15  of a refusal to submit to a test or tests required under this
   16  chapter or chapter 327, the person must be told that his or her
   17  failure to submit to any lawful test of his or her breath will
   18  result in the suspension of the person’s privilege to operate a
   19  motor vehicle for 18 months and mandatory continuous placement
   20  for 18 months, at the person’s expense, of an ignition interlock
   21  device approved by the department in accordance with s. 316.1938
   22  on all vehicles that are individually or jointly leased or owned
   23  and routinely operated by the person as provided in s.
   24  316.1939(1). The person must and shall also be told that if he
   25  or she refuses to submit to a lawful test of his or her breath
   26  and his or her driving privilege has been previously suspended
   27  or if he or she has previously been fined under s. 327.35215 for
   28  a prior refusal to submit to a lawful test of his or her breath,
   29  urine, or blood as required under this chapter or chapter 327,
   30  he or she commits a misdemeanor of the first degree, punishable
   31  as provided in s. 775.082 or s. 775.083, in addition to any
   32  other penalties provided by law. The refusal to submit to a
   33  chemical or physical breath test upon the request of a law
   34  enforcement officer as provided in this section is admissible
   35  into evidence in any criminal proceeding.
   36         b. A person who accepts the privilege extended by the laws
   37  of this state of operating a motor vehicle within this state is,
   38  by operating such vehicle, deemed to have given his or her
   39  consent to submit to a urine test for the purpose of detecting
   40  the presence of chemical substances as set forth in s. 877.111
   41  or controlled substances if the person is lawfully arrested for
   42  any offense allegedly committed while the person was driving or
   43  was in actual physical control of a motor vehicle while under
   44  the influence of chemical substances or controlled substances.
   45  The urine test must be incidental to a lawful arrest and
   46  administered at a detention facility or any other facility,
   47  mobile or otherwise, which is equipped to administer such tests
   48  at the request of a law enforcement officer who has reasonable
   49  cause to believe such person was driving or was in actual
   50  physical control of a motor vehicle within this state while
   51  under the influence of chemical substances or controlled
   52  substances. The urine test must shall be administered at a
   53  detention facility or any other facility, mobile or otherwise,
   54  which is equipped to administer such test in a reasonable manner
   55  that will ensure the accuracy of the specimen and maintain the
   56  privacy of the individual involved. The administration of a
   57  urine test does not preclude the administration of another type
   58  of test. The person must shall be told that his or her failure
   59  to submit to any lawful test of his or her urine will result in
   60  the suspension of the person’s privilege to operate a motor
   61  vehicle for a period of 1 year for the first refusal, or for a
   62  period of 18 months if the driving privilege of such person has
   63  been previously suspended or if he or she has previously been
   64  fined under s. 327.35215 as a result of a refusal to submit to a
   65  test or tests required under this chapter or chapter 327, and
   66  must shall also be told that if he or she refuses to submit to a
   67  lawful test of his or her urine and his or her driving privilege
   68  has been previously suspended or if he or she has previously
   69  been fined under s. 327.35215 for a prior refusal to submit to a
   70  lawful test of his or her breath, urine, or blood as required
   71  under this chapter or chapter 327, he or she commits a
   72  misdemeanor of the first degree, punishable as provided in s.
   73  775.082 or s. 775.083, in addition to any other penalties
   74  provided by law. The refusal to submit to a urine test upon the
   75  request of a law enforcement officer as provided in this section
   76  is admissible into evidence in any criminal proceeding.
   77         2. The Alcohol Testing Program within the Department of Law
   78  Enforcement is responsible for the regulation of the operation,
   79  inspection, and registration of breath test instruments used
   80  utilized under the driving and boating under the influence
   81  provisions and related provisions located in this chapter and
   82  chapters 322 and 327. The program is responsible for the
   83  regulation of the individuals who operate, inspect, and instruct
   84  on the breath test instruments used utilized in the driving and
   85  boating under the influence provisions and related provisions
   86  located in this chapter and chapters 322 and 327. The program is
   87  further responsible for the regulation of blood analysts who
   88  conduct blood testing to be used utilized under the driving and
   89  boating under the influence provisions and related provisions
   90  located in this chapter and chapters 322 and 327. The program
   91  must shall:
   92         a. Establish uniform criteria for the issuance of permits
   93  to breath test operators, agency inspectors, instructors, blood
   94  analysts, and instruments.
   95         b. Have the authority to permit breath test operators,
   96  agency inspectors, instructors, blood analysts, and instruments.
   97         c. Have the authority to discipline and suspend, revoke, or
   98  renew the permits of breath test operators, agency inspectors,
   99  instructors, blood analysts, and instruments.
  100         d. Establish uniform requirements for instruction and
  101  curricula for the operation and inspection of approved
  102  instruments.
  103         e. Have the authority to specify one approved curriculum
  104  for the operation and inspection of approved instruments.
  105         f. Establish a procedure for the approval of breath test
  106  operator and agency inspector classes.
  107         g. Have the authority to approve or disapprove breath test
  108  instruments and accompanying paraphernalia for use pursuant to
  109  the driving and boating under the influence provisions and
  110  related provisions located in this chapter and chapters 322 and
  111  327.
  112         h. With the approval of the executive director of the
  113  Department of Law Enforcement, make and enter into contracts and
  114  agreements with other agencies, organizations, associations,
  115  corporations, individuals, or federal agencies as are necessary,
  116  expedient, or incidental to the performance of duties.
  117         i. Issue final orders that which include findings of fact
  118  and conclusions of law and that which constitute final agency
  119  action for the purpose of chapter 120.
  120         j. Enforce compliance with this section through civil or
  121  administrative proceedings.
  122         k. Make recommendations concerning any matter within the
  123  purview of this section, this chapter, chapter 322, or chapter
  124  327.
  125         l. Adopt Promulgate rules for the administration and
  126  implementation of this section, including definitions of terms.
  127         m. Consult and cooperate with other entities for the
  128  purpose of implementing the mandates of this section.
  129         n. Have the authority to approve the type of blood test
  130  used utilized under the driving and boating under the influence
  131  provisions and related provisions located in this chapter and
  132  chapters 322 and 327.
  133         o. Have the authority to specify techniques and methods for
  134  breath alcohol testing and blood testing used utilized under the
  135  driving and boating under the influence provisions and related
  136  provisions located in this chapter and chapters 322 and 327.
  137         p. Have the authority to approve repair facilities for the
  138  approved breath test instruments, including the authority to set
  139  criteria for approval.
  140  
  141  Nothing in This section does not shall be construed to supersede
  142  provisions in this chapter and chapters 322 and 327. The
  143  specifications in this section are derived from the power and
  144  authority previously and currently possessed by the Department
  145  of Law Enforcement and are enumerated to conform with the
  146  mandates of chapter 99-379, Laws of Florida.
  147         Section 2. Section 316.1939, Florida Statutes, is amended
  148  to read:
  149         316.1939 Refusal to submit to testing; penalties.—
  150         (1) If a person has refused to submit to a lawful test of
  151  his or her breath as required under s. 316.1932(1)(a)1.a., he or
  152  she must install, at his or her expense, an ignition interlock
  153  device on all vehicles individually or jointly leased or owned
  154  and routinely operated by him or her for 1 continuous year for a
  155  first refusal or 18 continuous months for a second or subsequent
  156  refusal as provided in s. 322.2615(1)(a).
  157         (2) A person who has refused to submit to a chemical or
  158  physical test of his or her breath or urine, as described in s.
  159  316.1932, and whose driving privilege was previously suspended
  160  or who was previously fined under s. 327.35215 for a prior
  161  refusal to submit to a lawful test of his or her breath, urine,
  162  or blood required under this chapter or chapter 327, and:
  163         (a) Who the arresting law enforcement officer had probable
  164  cause to believe was driving or in actual physical control of a
  165  motor vehicle in this state while under the influence of
  166  alcoholic beverages, chemical substances, or controlled
  167  substances;
  168         (b) Who was placed under lawful arrest for a violation of
  169  s. 316.193 unless such test was requested pursuant to s.
  170  316.1932(1)(c);
  171         (c) Who was informed that:,
  172         1. If he or she refused to submit to a lawful test of his
  173  or her breath, his or her privilege to operate a motor vehicle
  174  would be suspended for 1 year for a first refusal or 18 months
  175  for a second or subsequent refusal, and that he or she would be
  176  subject to mandatory continuous placement of an ignition
  177  interlock device for 1 year for a first refusal or 18 months for
  178  a second or subsequent refusal, at his or her expense, on all
  179  vehicles that he or she individually or jointly leases or owns
  180  and routinely operates; or
  181         2. If he or she refused to submit to a lawful such test of
  182  his or her urine, his or her privilege to operate a motor
  183  vehicle would be suspended for a period of 1 year for a first
  184  refusal or, in the case of a second or subsequent refusal, for a
  185  period of 18 months for a second or subsequent refusal;
  186         (d) Who was informed that a refusal to submit to a lawful
  187  test of his or her breath or urine, if his or her driving
  188  privilege has been previously suspended or if he or she has
  189  previously been fined under s. 327.35215 for a prior refusal to
  190  submit to a lawful test of his or her breath, urine, or blood as
  191  required under this chapter or chapter 327, is a misdemeanor of
  192  the first degree, punishable as provided in s. 775.082 or s.
  193  775.083, in addition to any other penalties provided by law; and
  194         (e) Who, after having been so informed, refused to submit
  195  to any such test when requested to do so by a law enforcement
  196  officer or correctional officer
  197  
  198  commits a misdemeanor of the first degree and is subject to
  199  punishment as provided in s. 775.082 or s. 775.083.
  200         (3)(2) The disposition of any administrative proceeding
  201  that relates to the suspension of a person’s driving privilege
  202  does not affect a criminal action under this section.
  203         (4)(3) The disposition of a criminal action under this
  204  section does not affect any administrative proceeding that
  205  relates to the suspension of a person’s driving privilege. The
  206  department’s records showing that a person’s license has been
  207  previously suspended for a prior refusal to submit to a lawful
  208  test of his or her breath, urine, or blood is shall be
  209  admissible and creates shall create a rebuttable presumption of
  210  such suspension.
  211         Section 3. Paragraph (a) of subsection (10) of section
  212  322.2615 is amended, to read:
  213         322.2615 Suspension of license; right to review.—
  214         (10) A person whose driver license is suspended under
  215  subsection (1) or subsection (3) may apply for issuance of a
  216  license for business or employment purposes only if the person
  217  is otherwise eligible for the driving privilege pursuant to s.
  218  322.271.
  219         (a) If the suspension of the driver license of the person
  220  for failure to submit to a breath, urine, or blood test is
  221  sustained, the person is not eligible to receive a license for
  222  business or employment purposes only, pursuant to s. 322.271,
  223  until 30 90 days have elapsed after the expiration of the last
  224  temporary permit issued. If the driver is not issued a 10-day
  225  permit pursuant to this section or s. 322.64 because he or she
  226  is ineligible for the permit and the suspension for failure to
  227  submit to a breath, urine, or blood test is not invalidated by
  228  the department, the driver is not eligible to receive a business
  229  or employment license pursuant to s. 322.271 until 30 90 days
  230  have elapsed from the date of the suspension.
  231         Section 4. Present subsections (4) and (5) of section
  232  322.2715, Florida Statutes, are redesignated as subsections (5)
  233  and (6), respectively, and a new subsection (4) is added to that
  234  section, to read:
  235         322.2715 Ignition interlock device.—
  236         (4) If a driver refuses to take a lawful test of his or her
  237  breath as required by s. 316.1932, he or she must install an
  238  ignition interlock device on all vehicles individually or
  239  jointly leased or owned and routinely operated by him or her for
  240  1 continuous year for a first refusal or for 18 continuous
  241  months for a second or subsequent refusal upon reinstatement of
  242  a permanent or restricted license.
  243         Section 4. This act shall take effect January 1, 2024.
  244  
  245  ================= T I T L E  A M E N D M E N T ================
  246  And the title is amended as follows:
  247         Delete lines 15 - 16
  248  and insert:
  249         provision to changes made by the act; amending s.
  250         322.2615, F.S.; decreasing the timeframe during which
  251         a person whose license is suspended for failure to
  252         submit to a breath, urine, or blood test is not
  253         eligible to receive a license for business or
  254         employment purposes only; amending s. 322.2715, F.S.;
  255         requiring a driver who refuses to take a lawful test
  256         of his or her breath to install an ignition interlock
  257         device, upon a reinstatement of certain licenses and
  258         for a specified time, on vehicles he or she leases or
  259         owns and routinely operates; providing an effective
  260         date.