Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. CS for SB 138
Ì3697148Î369714
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/06/2025 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Appropriations Committee on Criminal and Civil Justice
(Wright) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 56 - 473
4 and insert:
5 any substance controlled under chapter 893, or any impairing
6 substance, when affected to the extent that the person’s normal
7 faculties are impaired;
8 (b) The person has a blood-alcohol level of 0.08 or more
9 grams of alcohol per 100 milliliters of blood; or
10 (c) The person has a breath-alcohol level of 0.08 or more
11 grams of alcohol per 210 liters of breath.
12 (2)(a) Except as provided in paragraph (b), subsection (3),
13 or subsection (4), any person who is convicted of a violation of
14 subsection (1) shall be punished:
15 1. By a fine of:
16 a. Not less than $500 or more than $1,000 for a first
17 conviction.
18 b. Not less than $1,000 or more than $2,000 for a second
19 conviction; and
20 2. By imprisonment for:
21 a. Not more than 6 months for a first conviction.
22 b. Not more than 9 months for a second conviction.
23 3. For a second conviction, by mandatory placement for a
24 period of at least 1 year, at the convicted person’s sole
25 expense, of an ignition interlock device approved by the
26 department in accordance with s. 316.1938 upon all vehicles that
27 are individually or jointly leased or owned and routinely
28 operated by the convicted person, when the convicted person
29 qualifies for a permanent or restricted license.
30
31 The portion of a fine imposed in excess of $500 pursuant to sub
32 subparagraph 1.a. and the portion of a fine imposed in excess of
33 $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by
34 the clerk to the Department of Revenue for deposit into the
35 General Revenue Fund.
36 (b)1. Any person who is convicted of a third violation of
37 this section for an offense that occurs within 10 years after a
38 prior conviction for a violation of this section commits a
39 felony of the third degree, punishable as provided in s.
40 775.082, s. 775.083, or s. 775.084. In addition, the court shall
41 order the mandatory placement for a period of not less than 2
42 years, at the convicted person’s sole expense, of an ignition
43 interlock device approved by the department in accordance with
44 s. 316.1938 upon all vehicles that are individually or jointly
45 leased or owned and routinely operated by the convicted person,
46 when the convicted person qualifies for a permanent or
47 restricted license.
48 2. Any person who is convicted of a third violation of this
49 section for an offense that occurs more than 10 years after the
50 date of a prior conviction for a violation of this section shall
51 be punished by a fine of not less than $2,000 or more than
52 $5,000 and by imprisonment for not more than 12 months. The
53 portion of a fine imposed in excess of $2,500 pursuant to this
54 subparagraph shall be remitted by the clerk to the Department of
55 Revenue for deposit into the General Revenue Fund. In addition,
56 the court shall order the mandatory placement for a period of at
57 least 2 years, at the convicted person’s sole expense, of an
58 ignition interlock device approved by the department in
59 accordance with s. 316.1938 upon all vehicles that are
60 individually or jointly leased or owned and routinely operated
61 by the convicted person, when the convicted person qualifies for
62 a permanent or restricted license.
63 3. Any person who is convicted of a fourth or subsequent
64 violation of this section, regardless of when any prior
65 conviction for a violation of this section occurred, commits a
66 felony of the third degree, punishable as provided in s.
67 775.082, s. 775.083, or s. 775.084. However, the fine imposed
68 for such fourth or subsequent violation may be not less than
69 $2,000. The portion of a fine imposed in excess of $1,000
70 pursuant to this subparagraph shall be remitted by the clerk to
71 the Department of Revenue for deposit into the General Revenue
72 Fund.
73 (c) In addition to the penalties in paragraph (a), the
74 court may order placement, at the convicted person’s sole
75 expense, of an ignition interlock device approved by the
76 department in accordance with s. 316.1938 for at least 6
77 continuous months upon all vehicles that are individually or
78 jointly leased or owned and routinely operated by the convicted
79 person if, at the time of the offense, the person had a blood
80 alcohol level or breath-alcohol level of .08 or higher.
81 (3) Any person:
82 (a) Who is in violation of subsection (1);
83 (b) Who operates a vehicle; and
84 (c) Who, by reason of such operation, causes or contributes
85 to causing:
86 1. Damage to the property or person of another commits a
87 misdemeanor of the first degree, punishable as provided in s.
88 775.082 or s. 775.083.
89 2. Serious bodily injury to another, as defined in s.
90 316.1933, commits a felony of the third degree, punishable as
91 provided in s. 775.082, s. 775.083, or s. 775.084.
92 3. The death of any human being or unborn child commits DUI
93 manslaughter, and commits:
94 a. A felony of the second degree, punishable as provided in
95 s. 775.082, s. 775.083, or s. 775.084.
96 b. A felony of the first degree, punishable as provided in
97 s. 775.082, s. 775.083, or s. 775.084, if:
98 (I) At the time of the crash, the person knew, or should
99 have known, that the crash occurred; and
100 (II) The person failed to give information and render aid
101 as required by s. 316.062.
102 c. A felony of the first degree, punishable as provided in
103 s. 775.082, s. 775.083, or s. 775.084, if the person has a prior
104 conviction for a violation of this subparagraph or s. 782.071.
105
106 For purposes of this subsection, the term “unborn child” has the
107 same meaning as provided in s. 775.021(5). A person who is
108 convicted of DUI manslaughter shall be sentenced to a mandatory
109 minimum term of imprisonment of 4 years.
110 Section 3. Paragraphs (a) and (c) of subsection (1) of
111 section 316.1932, Florida Statutes, are amended to read:
112 316.1932 Tests for alcohol, chemical substances, or
113 controlled substances, or impairing substances; implied consent;
114 refusal.—
115 (1)(a)1.a. A person who accepts the privilege extended by
116 the laws of this state of operating a motor vehicle within this
117 state is, by operating such vehicle, deemed to have given his or
118 her consent to submit to an approved chemical test or physical
119 test including, but not limited to, an infrared light test of
120 his or her breath for the purpose of determining the alcoholic
121 content of his or her blood or breath if the person is lawfully
122 arrested for any offense allegedly committed while the person
123 was driving or was in actual physical control of a motor vehicle
124 while under the influence of alcoholic beverages. The chemical
125 or physical breath test must be incidental to a lawful arrest
126 and administered at the request of a law enforcement officer who
127 has reasonable cause to believe such person was driving or was
128 in actual physical control of the motor vehicle within this
129 state while under the influence of alcoholic beverages. The
130 administration of a breath test does not preclude the
131 administration of another type of test. The person must shall be
132 told that his or her failure to submit to any lawful test of his
133 or her breath will result in the suspension of his or her the
134 person’s privilege to operate a motor vehicle as provided in s.
135 322.2615(1)(a) for a period of 1 year for a first refusal, or
136 for a period of 18 months if the driving privilege of such
137 person has been previously suspended or if he or she has
138 previously been fined under s. 327.35215 as a result of a
139 refusal to submit to a test or tests required under this chapter
140 or chapter 327, and must shall also be told that if he or she
141 refuses to submit to a lawful test of his or her breath and his
142 or her driving privilege has been previously suspended or if he
143 or she has previously been fined under s. 327.35215 for a prior
144 refusal to submit to a lawful test of his or her breath, urine,
145 or blood as required under this chapter or chapter 327, he or
146 she commits a misdemeanor of the second first degree, punishable
147 as provided in s. 775.082 or s. 775.083, or a misdemeanor of the
148 first degree, punishable as provided in s. 775.082 or s.
149 775.083, if his or her driving privilege has been previously
150 suspended or if he or she has previously been fined under s.
151 327.35215 for a prior refusal to submit to a lawful test of his
152 or her breath, urine, or blood as required under this chapter or
153 chapter 327, in addition to any other penalties provided by law.
154 The refusal to submit to a chemical or physical breath test upon
155 the request of a law enforcement officer as provided in this
156 section is admissible into evidence in any criminal proceeding.
157 b. A person who accepts the privilege extended by the laws
158 of this state of operating a motor vehicle within this state is,
159 by operating such vehicle, deemed to have given his or her
160 consent to submit to a urine test for the purpose of detecting
161 the presence of chemical substances as set forth in s. 877.111,
162 or controlled substances, or impairing substances if the person
163 is lawfully arrested for any offense allegedly committed while
164 the person was driving or was in actual physical control of a
165 motor vehicle while under the influence of chemical substances,
166 or controlled substances, or impairing substances. The urine
167 test must be incidental to a lawful arrest and administered at a
168 detention facility or any other facility, mobile or otherwise,
169 which is equipped to administer such tests at the request of a
170 law enforcement officer who has reasonable cause to believe such
171 person was driving or was in actual physical control of a motor
172 vehicle within this state while under the influence of chemical
173 substances, or controlled substances, or impairing substances.
174 The urine test must shall be administered at a detention
175 facility or any other facility, mobile or otherwise, which is
176 equipped to administer such test in a reasonable manner that
177 will ensure the accuracy of the specimen and maintain the
178 privacy of the individual involved. The administration of a
179 urine test does not preclude the administration of another type
180 of test. The person must shall be told that his or her failure
181 to submit to any lawful test of his or her urine will result in
182 the suspension of his or her the person’s privilege to operate a
183 motor vehicle for a period of 1 year for the first refusal, or
184 for a period of 18 months if the driving privilege of such
185 person has been previously suspended or if he or she has
186 previously been fined under s. 327.35215 as a result of a
187 refusal to submit to a test or tests required under this chapter
188 or chapter 327, and must shall also be told that if he or she
189 refuses to submit to a lawful test of his or her urine and his
190 or her driving privilege has been previously suspended or if he
191 or she has previously been fined under s. 327.35215 for a prior
192 refusal to submit to a lawful test of his or her breath, urine,
193 or blood as required under this chapter or chapter 327, he or
194 she commits a misdemeanor of the second first degree, punishable
195 as provided in s. 775.082 or s. 775.083, or a misdemeanor of the
196 first degree, punishable as provided in s. 775.082 or s.
197 775.083, if his or her driving privilege has been previously
198 suspended or if he or she has previously been fined under s.
199 327.35215 for a prior refusal to submit to a lawful test of his
200 or her breath, urine, or blood as required under this chapter or
201 chapter 327, in addition to any other penalties provided by law.
202 The refusal to submit to a urine test upon the request of a law
203 enforcement officer as provided in this section is admissible
204 into evidence in any criminal proceeding.
205 2. The Alcohol Testing Program within the Department of Law
206 Enforcement is responsible for the regulation of the operation,
207 inspection, and registration of breath test instruments utilized
208 under the driving and boating under the influence provisions and
209 related provisions located in this chapter and chapters 322 and
210 327. The program is responsible for the regulation of the
211 individuals who operate, inspect, and instruct on the breath
212 test instruments utilized in the driving and boating under the
213 influence provisions and related provisions located in this
214 chapter and chapters 322 and 327. The program is further
215 responsible for the regulation of blood analysts who conduct
216 blood testing to be utilized under the driving and boating under
217 the influence provisions and related provisions located in this
218 chapter and chapters 322 and 327. The program shall:
219 a. Establish uniform criteria for the issuance of permits
220 to breath test operators, agency inspectors, instructors, blood
221 analysts, and instruments.
222 b. Have the authority to permit breath test operators,
223 agency inspectors, instructors, blood analysts, and instruments.
224 c. Have the authority to discipline and suspend, revoke, or
225 renew the permits of breath test operators, agency inspectors,
226 instructors, blood analysts, and instruments.
227 d. Establish uniform requirements for instruction and
228 curricula for the operation and inspection of approved
229 instruments.
230 e. Have the authority to specify one approved curriculum
231 for the operation and inspection of approved instruments.
232 f. Establish a procedure for the approval of breath test
233 operator and agency inspector classes.
234 g. Have the authority to approve or disapprove breath test
235 instruments and accompanying paraphernalia for use pursuant to
236 the driving and boating under the influence provisions and
237 related provisions located in this chapter and chapters 322 and
238 327.
239 h. With the approval of the executive director of the
240 Department of Law Enforcement, make and enter into contracts and
241 agreements with other agencies, organizations, associations,
242 corporations, individuals, or federal agencies as are necessary,
243 expedient, or incidental to the performance of duties.
244 i. Issue final orders which include findings of fact and
245 conclusions of law and which constitute final agency action for
246 the purpose of chapter 120.
247 j. Enforce compliance with this section through civil or
248 administrative proceedings.
249 k. Make recommendations concerning any matter within the
250 purview of this section, this chapter, chapter 322, or chapter
251 327.
252 l. Adopt Promulgate rules for the administration and
253 implementation of this section, including definitions of terms.
254 m. Consult and cooperate with other entities for the
255 purpose of implementing the mandates of this section.
256 n. Have the authority to approve the type of blood test
257 utilized under the driving and boating under the influence
258 provisions and related provisions located in this chapter and
259 chapters 322 and 327.
260 o. Have the authority to specify techniques and methods for
261 breath alcohol testing and blood testing utilized under the
262 driving and boating under the influence provisions and related
263 provisions located in this chapter and chapters 322 and 327.
264 p. Have the authority to approve repair facilities for the
265 approved breath test instruments, including the authority to set
266 criteria for approval.
267
268 Nothing in this section shall be construed to supersede
269 provisions in this chapter and chapters 322 and 327. The
270 specifications in this section are derived from the power and
271 authority previously and currently possessed by the Department
272 of Law Enforcement and are enumerated to conform with the
273 mandates of chapter 99-379, Laws of Florida.
274 (c) A person who accepts the privilege extended by the laws
275 of this state of operating a motor vehicle within this state is,
276 by operating such vehicle, deemed to have given his or her
277 consent to submit to an approved blood test for the purpose of
278 determining the alcoholic content of the blood or a blood test
279 for the purpose of determining the presence of chemical
280 substances, or controlled substances, or impairing substances as
281 provided in this section if there is reasonable cause to believe
282 the person was driving or in actual physical control of a motor
283 vehicle while under the influence of alcoholic beverages, or
284 chemical substances, or controlled substances, or impairing
285 substances and the person appears for treatment at a hospital,
286 clinic, or other medical facility and the administration of a
287 breath or urine test is impractical or impossible. As used in
288 this paragraph, the term “other medical facility” includes an
289 ambulance or other medical emergency vehicle. The blood test
290 shall be performed in a reasonable manner. A person who is
291 incapable of refusal by reason of unconsciousness or other
292 mental or physical condition is deemed not to have withdrawn his
293 or her consent to such test. A blood test may be administered
294 whether or not the person is told that his or her failure to
295 submit to such a blood test will result in the suspension of the
296 person’s privilege to operate a motor vehicle upon the public
297 highways of this state and that a refusal to submit to a lawful
298 test of his or her blood, if his or her driving privilege has
299 been previously suspended for refusal to submit to a lawful test
300 of his or her breath, urine, or blood, is a misdemeanor. A
301 person who is capable of refusal shall be told that his or her
302 failure to submit to such a blood test will result in the
303 suspension of the person’s privilege to operate a motor vehicle
304 for a period of 1 year for a first refusal, or for a period of
305 18 months if the driving privilege of the person has been
306 suspended previously or if he or she has previously been fined
307 under s. 327.35215 as a result of a refusal to submit to a test
308 or tests required under this chapter or chapter 327. The refusal
309 to submit to a blood test upon the request of a law enforcement
310 officer is admissible in evidence in any criminal proceeding.
311 Section 4. Paragraph (a) of subsection (1), paragraph (a)
312 of subsection (2), paragraph (b) of subsection (3), and
313 subsection (4) of section 316.1933, Florida Statutes, are
314 amended to read:
315 316.1933 Blood test for impairment or intoxication in cases
316 of death or serious bodily injury; right to use reasonable
317 force.—
318 (1)(a) If a law enforcement officer has probable cause to
319 believe that a motor vehicle driven by or in the actual physical
320 control of a person under the influence of alcoholic beverages,
321 any chemical substances, or any controlled substances, or any
322 impairing substances has caused the death or serious bodily
323 injury of a human being, a law enforcement officer shall require
324 the person driving or in actual physical control of the motor
325 vehicle to submit to a test of the person’s blood for the
326 purpose of determining the alcoholic content thereof or the
327 presence of chemical substances as set forth in s. 877.111, or
328 any substances substance controlled under chapter 893, or any
329 impairing substances. The law enforcement officer may use
330 reasonable force if necessary to require such person to submit
331 to the administration of the blood test. The blood test shall be
332 performed in a reasonable manner. Notwithstanding s. 316.1932,
333 the testing required by this paragraph need not be incidental to
334 a lawful arrest of the person.
335 (2)(a) Only a physician, certified paramedic, registered
336 nurse, licensed practical nurse, other personnel authorized by a
337 hospital to draw blood, or duly licensed clinical laboratory
338 director, supervisor, technologist, or technician, acting at the
339 request of a law enforcement officer, may withdraw blood for the
340 purpose of determining the alcoholic content thereof or the
341 presence of chemical substances, or controlled substances, or
342 impairing substances therein. However, the failure of a law
343 enforcement officer to request the withdrawal of blood does
344 shall not affect the admissibility of a test of blood withdrawn
345 for medical purposes.
346 1. Notwithstanding any provision of law pertaining to the
347 confidentiality of hospital records or other medical records, if
348 a health care provider, who is providing medical care in a
349 health care facility to a person injured in a motor vehicle
350 crash, becomes aware, as a result of any blood test performed in
351 the course of that medical treatment, that the person’s blood
352 alcohol level meets or exceeds the blood-alcohol level specified
353 in s. 316.193(1)(b), the health care provider may notify any law
354 enforcement officer or law enforcement agency. Any such notice
355 must be given within a reasonable time after the health care
356 provider receives the test result. Any such notice shall be used
357 only for the purpose of providing the law enforcement officer
358 with reasonable cause to request the withdrawal of a blood
359 sample pursuant to this section.
360 2. The notice shall consist only of the name of the person
361 being treated, the name of the person who drew the blood, the
362 blood-alcohol level indicated by the test, and the date and time
363 of the administration of the test.
364 3. Nothing contained in s. 395.3025(4), s. 456.057, or any
365 applicable practice act affects the authority to provide notice
366 under this section, and the health care provider is not
367 considered to have breached any duty owed to the person under s.
368 395.3025(4), s. 456.057, or any applicable practice act by
369 providing notice or failing to provide notice. It is shall not
370 be a breach of any ethical, moral, or legal duty for a health
371 care provider to provide notice or fail to provide notice.
372 4. A civil, criminal, or administrative action may not be
373 brought against any person or health care provider participating
374 in good faith in the provision of notice or failure to provide
375 notice as provided in this section. Any person or health care
376 provider participating in the provision of notice or failure to
377 provide notice as provided in this section shall be immune from
378 any civil or criminal liability and from any professional
379 disciplinary action with respect to the provision of notice or
380 failure to provide notice under this section. Any such
381 participant has the same immunity with respect to participating
382 in any judicial proceedings resulting from the notice or failure
383 to provide notice.
384 (3)
385 (b) The results of any test administered pursuant to this
386 section for the purpose of detecting the presence of any
387 controlled substance or impairing substance are shall not be
388 admissible as evidence in a criminal prosecution for the
389 possession of a controlled substance or impairing substance.
390 (4) Notwithstanding any provision of law pertaining to the
391 confidentiality of hospital records or other medical records,
392 information relating to the alcoholic content of the blood or
393 the presence of chemical substances, or controlled substances,
394 or impairing substances in the blood obtained pursuant to this
395 section shall be released to a court, prosecuting attorney,
396 defense attorney, or law enforcement officer in connection with
397 an alleged violation of s. 316.193 upon request for such
398 information.
399 Section 5. Subsections (1) and (2) of section 316.1934,
400 Florida Statutes, are amended to read:
401 316.1934 Presumption of impairment; testing methods.—
402 (1) It is unlawful and punishable as provided in chapter
403 322 and in s. 316.193 for any person who is under the influence
404 of alcoholic beverages, or controlled substances, or impairing
405 substances, when affected to the extent that the person’s normal
406 faculties are impaired or to the extent that the person is
407 deprived of full possession of normal faculties, to drive or be
408 in actual physical control of any motor vehicle within this
409 state. Such normal faculties include, but are not limited to,
410 the ability to see, hear, walk, talk, judge distances, drive an
411 automobile, make judgments, act in emergencies, and, in general,
412 normally perform the many mental and physical acts of daily
413 life.
414 (2) At the trial of any civil or criminal action or
415 proceeding arising out of acts alleged to have been committed by
416 any person while driving, or in actual physical control of, a
417 vehicle while under the influence of alcoholic beverages, or
418 controlled substances, or impairing substances, when affected to
419 the extent that the person’s normal faculties were impaired or
420 to the extent that he or she was deprived of full possession of
421 his or her normal faculties, the results of any test
422 administered in accordance with s. 316.1932 or s. 316.1933 and
423 this section are admissible into evidence when otherwise
424 admissible, and the amount of alcohol in the person’s blood or
425 breath at the time alleged, as shown by chemical analysis of the
426 person’s blood, or by chemical or physical test of the person’s
427 breath, gives rise to the following presumptions:
428 (a) If there was at that time a blood-alcohol level or
429 breath-alcohol level of 0.05 or less, it is presumed that the
430 person was not under the influence of alcoholic beverages to the
431 extent that his or her normal faculties were impaired.
432 (b) If there was at that time a blood-alcohol level or
433 breath-alcohol level in excess of 0.05 but less than 0.08, that
434 fact does not give rise to any presumption that the person was
435 or was not under the influence of alcoholic beverages to the
436 extent that his or her normal faculties were impaired but may be
437 considered with other competent evidence in determining whether
438 the person was under the influence of alcoholic beverages to the
439 extent that his or her normal faculties were impaired.
440 (c) If there was at that time a blood-alcohol level or
441 breath-alcohol level of 0.08 or higher, that fact is prima facie
442 evidence that the person was under the influence of alcoholic
443 beverages to the extent that his or her normal faculties were
444 impaired. Moreover, such person who has a blood-alcohol level or
445 breath-alcohol level of 0.08 or higher is guilty of driving, or
446 being in actual physical control of, a motor vehicle, with an
447 unlawful blood-alcohol level or breath-alcohol level.
448
449 The presumptions provided in this subsection do not limit the
450 introduction of any other competent evidence bearing upon the
451 question of whether the person was under the influence of
452 alcoholic beverages to the extent that his or her normal
453 faculties were impaired.
454 Section 6. Section 316.1939, Florida Statutes, is amended
455 to read:
456 316.1939 Refusal to submit to testing; penalties.—
457 (1) A person who has refused to submit to a chemical or
458 physical test of his or her breath or urine, as described in s.
459 316.1932, commits a misdemeanor of the second degree, punishable
460 as provided in s. 775.082 or s. 775.083, in addition to any
461 other penalties provided by law, and such person whose driving
462 privilege was previously suspended or who was previously fined
463 under s. 327.35215 for a prior refusal to submit to a lawful
464 test of his or her breath, urine, or blood required under this
465 chapter or chapter 327 commits a misdemeanor of the first
466 degree, punishable as provided in s. 775.082 or s. 775.083, in
467 addition to any other penalties provided by law if all of the
468 following apply, and:
469 (a) Who The arresting law enforcement officer had probable
470 cause to believe that the person was driving or in actual
471 physical control of a motor vehicle in this state while under
472 the influence of alcoholic beverages, chemical substances, or
473 controlled substances, or impairing substances.;
474 (b) The person Who was placed under lawful arrest for a
475 violation of s. 316.193, unless such test was requested pursuant
476 to s. 316.1932(1)(c).;
477 (c) The person Who was informed that, if he or she refused
478 to submit to such test, his or her privilege to operate a motor
479 vehicle would be suspended for a period of 1 year or, in the
480 case of a second or subsequent refusal, for a period of 18
481 months.;
482 (d) The person, after having been informed as required in
483 paragraph (c), still refuses Who was informed that a refusal to
484 submit to a lawful test of his or her breath or urine as
485 described in s. 316.1932, if his or her driving privilege has
486 been previously suspended or if he or she has previously been
487 fined under s. 327.35215 for a prior refusal to submit to a
488 lawful test of his or her breath, urine, or blood as required
489 under this chapter or chapter 327, is a misdemeanor of the first
490 degree, punishable as provided in s. 775.082 or s. 775.083, in
491 addition to any other penalties provided by law; and
492 (e) Who, after having been so informed, refused to submit
493 to any such test when requested to do so by a law enforcement
494 officer or correctional officer
495
496 commits a misdemeanor of the first degree and is subject to
497 punishment as provided in s. 775.082 or s. 775.083.
498 (2) The disposition of any administrative proceeding that
499 relates to the suspension of a person’s driving privilege does
500 not affect a criminal action under this section.
501 (3) The disposition of a criminal action under this section
502 does not affect any administrative proceeding that relates to
503 the suspension of a person’s driving privilege. The department’s
504 records showing that a person’s license has been previously
505 suspended for a prior refusal to submit to a lawful test of his
506 or her breath, urine, or blood are shall be admissible and
507 create shall create a rebuttable presumption of such suspension.
508 Section 7. Section 316.19395, Florida Statutes, is created
509 to read:
510 316.19395 Driving under the influence diversion programs.—
511 (1) Any state attorney may create a driving under the
512 influence diversion program. A state attorney that creates such
513 a diversion program shall publish the terms and conditions of
514 the program on the website of the office of the state attorney.
515 (2) Each state attorney that offers a diversion program
516 under this section shall notify the department of each person
517 who successfully completes the program. The department shall
518 notate the successful completion of the diversion program on the
519 driving record of each such person.
520 (3) A person who successfully completes a diversion program
521 offered under this section is ineligible for future
522 participation in such a program.
523 Section 8. Subsection (1) of section 316.656, Florida
524 Statutes, is amended to read:
525 316.656 Mandatory adjudication; prohibition against
526 accepting plea to lesser included offense.—
527 (1) Notwithstanding the provisions of s. 948.01, a court
528 may not no court may suspend, defer, or withhold adjudication of
529 guilt or imposition of sentence for any violation of s. 316.193
530 or s. 316.1939, for manslaughter resulting from the operation of
531 a motor vehicle, or for vehicular homicide.
532 Section 9. Subsection (2) of section 322.34, Florida
533 Statutes, is amended to read:
534 322.34 Driving while license suspended, revoked, canceled,
535 or disqualified.—
536 (2) Any person whose driver license or driving privilege
537 has been canceled, suspended, or revoked as provided by law, or
538 who does not have a driver license or driving privilege but is
539 under suspension or revocation equivalent status as defined in
540 s. 322.01(43), except persons defined in s. 322.264, who,
541 knowing of such cancellation, suspension, revocation, or
542 suspension or revocation equivalent status, drives any motor
543 vehicle upon the highways of this state while such license or
544 privilege is canceled, suspended, or revoked, or while under
545 suspension or revocation equivalent status, commits:
546 (a) A misdemeanor of the second degree, punishable as
547 provided in s. 775.082 or s. 775.083.
548 (b)1. A misdemeanor of the first degree, punishable as
549 provided in s. 775.082 or s. 775.083, upon a second or
550 subsequent conviction, except as provided in paragraph (c).
551 2. A person convicted of a third or subsequent conviction,
552 except as provided in paragraph (c), must serve a minimum of 10
553 days in jail.
554 (c) A felony of the third degree, punishable as provided in
555 s. 775.082, s. 775.083, or s. 775.084, upon a third or
556 subsequent conviction if the current violation of this section
557 or the most recent prior violation of the section is related to
558 driving while license canceled, suspended, revoked, or
559 suspension or revocation equivalent status resulting from a
560 violation of:
561 1. Driving under the influence. A person to whom this
562 subparagraph applies must serve a minimum of 30 days in jail
563 upon a first conviction, a minimum of 60 days in jail upon a
564 second conviction, and a minimum of 90 days in jail upon a third
565 or subsequent conviction;
566 2. Refusal to submit to a urine, breath-alcohol, or blood
567 alcohol test. A person to whom this subparagraph applies must
568 serve a minimum of 30 days in jail upon a first conviction, a
569 minimum of 60 days in jail upon a second conviction, and a
570 minimum of 90 days in jail upon a third or subsequent
571 conviction;
572 3. A traffic offense causing death or serious bodily
573 injury; or
574 4. Fleeing or eluding.
575
576 The element of knowledge is satisfied if the person has been
577 previously cited as provided in subsection (1); or the person
578 admits to knowledge of the cancellation, suspension, or
579 revocation, or suspension or revocation equivalent status; or
580 the person received notice as provided in subsection (4). There
581 is shall be a rebuttable presumption that the knowledge
582 requirement is satisfied if a judgment or an order as provided
583 in subsection (4) appears in the department’s records for any
584 case except for one involving a suspension by the department for
585 failure to pay a traffic fine or for a financial responsibility
586 violation.
587 Section 10. Subsections (1) and (8) of section 327.35,
588 Florida Statutes, are amended to read:
589 327.35 Boating under the influence; penalties; “designated
590 drivers.”—
591 (1) A person commits is guilty of the offense of boating
592 under the influence and is subject to punishment as provided in
593 subsection (2) if the person is operating a vessel within this
594 state and:
595 (a) The person is under the influence of alcoholic
596 beverages, any chemical substance set forth in s. 877.111, or
597 any substance controlled under chapter 893, or any impairing
598 substance, when affected to the extent that the person’s normal
599 faculties are impaired;
600 (b) The person has a blood-alcohol level of 0.08 or more
601 grams of alcohol per 100 milliliters of blood; or
602 (c) The person has a breath-alcohol level of 0.08 or more
603 grams of alcohol per 210 liters of breath.
604 (8) A person who is arrested for a violation of this
605 section may not be released from custody:
606 (a) Until the person is no longer under the influence of
607 alcoholic beverages, any chemical substance set forth in s.
608 877.111, or any substance controlled under chapter 893, or any
609 impairing substance and affected to the extent that his or her
610 normal faculties are impaired;
611 (b) Until the person’s blood-alcohol level or breath
612 alcohol level is less than 0.05; or
613 (c) Until 8 hours have elapsed from the time the person was
614 arrested.
615 Section 11. Paragraphs (a), (c), (d), and (e) of subsection
616 (1) and subsection (3) of section 327.352, Florida Statutes, are
617 amended to read:
618 327.352 Tests for alcohol and other, chemical substances,
619 or controlled substances; implied consent; refusal.—
620 (1)(a)1. The Legislature declares that the operation of a
621 vessel is a privilege that must be exercised in a reasonable
622 manner. In order to protect the public health and safety, it is
623 essential that a lawful and effective means of reducing the
624 incidence of boating while impaired or intoxicated be
625 established. Therefore, a person who accepts the privilege
626 extended by the laws of this state of operating a vessel within
627 this state is, by operating such vessel, deemed to have given
628 his or her consent to submit to an approved chemical test or
629 physical test including, but not limited to, an infrared light
630 test of his or her breath for the purpose of determining the
631 alcoholic content of his or her blood or breath if the person is
632 lawfully arrested for any offense allegedly committed while the
633 person was operating a vessel while under the influence of
634 alcoholic beverages. The chemical or physical breath test must
635 be incidental to a lawful arrest and administered at the request
636 of a law enforcement officer who has reasonable cause to believe
637 such person was operating the vessel within this state while
638 under the influence of alcoholic beverages. The administration
639 of a breath test does not preclude the administration of another
640 type of test. The person shall be told that his or her failure
641 to submit to any lawful test of his or her breath under this
642 chapter will result in a civil penalty of $500, and that if he
643 or she refuses to submit to a lawful test of his or her breath
644 and he or she has been previously fined under s. 327.35215 or
645 his or her driving privilege has been previously suspended for
646 refusal to submit to any lawful test of his or her breath,
647 urine, or blood, he or she commits a misdemeanor of the first
648 degree, punishable as provided in s. 775.082 or s. 775.083, in
649 addition to any other penalties provided by law. The refusal to
650 submit to a chemical or physical breath test upon the request of
651 a law enforcement officer as provided in this section is
652 admissible into evidence in any criminal proceeding.
653 2. A person who accepts the privilege extended by the laws
654 of this state of operating a vessel within this state is, by
655 operating such vessel, deemed to have given his or her consent
656 to submit to a urine test for the purpose of detecting the
657 presence of chemical substances as set forth in s. 877.111, or
658 controlled substances, or impairing substances if the person is
659 lawfully arrested for any offense allegedly committed while the
660 person was operating a vessel while under the influence of
661 chemical substances, or controlled substances, or impairing
662 substances. The urine test must be incidental to a lawful arrest
663 and administered at a detention facility or any other facility,
664 mobile or otherwise, which is equipped to administer such tests
665 at the request of a law enforcement officer who has reasonable
666 cause to believe such person was operating a vessel within this
667 state while under the influence of chemical substances, or
668 controlled substances, or impairing substances. The urine test
669 must be administered at a detention facility or any other
670 facility, mobile or otherwise, which is equipped to administer
671 such test in a reasonable manner that will ensure the accuracy
672 of the specimen and maintain the privacy of the individual
673 involved. The administration of a urine test does not preclude
674 the administration of another type of test. The person shall be
675 told that his or her failure to submit to any lawful test of his
676 or her urine under this chapter will result in a civil penalty
677 of $500, and that if he or she refuses to submit to a lawful
678 test of his or her urine and he or she has been previously fined
679 under s. 327.35215 or his or her driving privilege has been
680 previously suspended for refusal to submit to any lawful test of
681 his or her breath, urine, or blood, he or she commits a
682 misdemeanor of the first degree, punishable as provided in s.
683 775.082 or s. 775.083, in addition to any other penalties
684 provided by law. The refusal to submit to a urine test upon the
685 request of a law enforcement officer as provided in this section
686 is admissible into evidence in any criminal proceeding.
687 (c) A person who accepts the privilege extended by the laws
688 of this state of operating a vessel within this state is, by
689 operating such vessel, deemed to have given his or her consent
690 to submit to an approved blood test for the purpose of
691 determining the alcoholic content of the blood or a blood test
692 for the purpose of determining the presence of chemical
693 substances, or controlled substances, or impairing substances as
694 provided in this section if there is reasonable cause to believe
695 the person was operating a vessel while under the influence of
696 alcoholic beverages or chemical, or controlled, or impairing
697 substances and the person appears for treatment at a hospital,
698 clinic, or other medical facility and the administration of a
699 breath or urine test is impractical or impossible. As used in
700 this paragraph, the term “other medical facility” includes an
701 ambulance or other medical emergency vehicle. The blood test
702 must be performed in a reasonable manner. A person who is
703 incapable of refusal by reason of unconsciousness or other
704 mental or physical condition is deemed not to have withdrawn his
705 or her consent to such test. A person who is capable of refusal
706 shall be told that his or her failure to submit to such a blood
707 test will result in a civil penalty of $500. The refusal to
708 submit to a blood test upon the request of a law enforcement
709 officer is admissible in evidence in any criminal proceeding.
710 (d) If the arresting officer does not request a chemical or
711 physical breath test of the person arrested for any offense
712 allegedly committed while the person was operating a vessel
713 while under the influence of alcoholic beverages, or controlled
714 substances, or impairing substances, the person may request the
715 arresting officer to have a chemical or physical test made of
716 the arrested person’s breath or a test of the urine or blood for
717 the purpose of determining the alcoholic content of the person’s
718 blood or breath or the presence of chemical substances, or
719 controlled substances, or impairing substances; and, if so
720 requested, the arresting officer shall have the test performed.
721 (e)1. The tests determining the weight of alcohol in the
722 defendant’s blood or breath shall be administered at the request
723 of a law enforcement officer substantially in accordance with
724 rules of the Department of Law Enforcement. However, the failure
725 of a law enforcement officer to request the withdrawal of blood
726 does not affect the admissibility of a test of blood withdrawn
727 for medical purposes.
728 2. Only a physician, certified paramedic, registered nurse,
729 licensed practical nurse, other personnel authorized by a
730 hospital to draw blood, or duly licensed clinical laboratory
731 director, supervisor, technologist, or technician, acting at the
732 request of a law enforcement officer, may withdraw blood for the
733 purpose of determining its alcoholic content or the presence of
734 chemical substances, or controlled substances, or impairing
735 substances therein. However, the failure of a law enforcement
736 officer to request the withdrawal of blood does not affect the
737 admissibility of a test of blood withdrawn for medical purposes.
738 3. The person tested may, at his or her own expense, have a
739 physician, registered nurse, other personnel authorized by a
740 hospital to draw blood, or duly licensed clinical laboratory
741 director, supervisor, technologist, or technician, or other
742 person of his or her own choosing administer an independent test
743 in addition to the test administered at the direction of the law
744 enforcement officer for the purpose of determining the amount of
745 alcohol in the person’s blood or breath or the presence of
746 chemical substances, or controlled substances, or impairing
747 substances at the time alleged, as shown by chemical analysis of
748 his or her blood or urine, or by chemical or physical test of
749 his or her breath. The failure or inability to obtain an
750 independent test by a person does not preclude the admissibility
751 in evidence of the test taken at the direction of the law
752 enforcement officer. The law enforcement officer may shall not
753 interfere with the person’s opportunity to obtain the
754 independent test and shall provide the person with timely
755 telephone access to secure the test, but the burden is on the
756 person to arrange and secure the test at the person’s own
757 expense.
758 4. Upon the request of the person tested, full information
759 concerning the results of the test taken at the direction of the
760 law enforcement officer shall be made available to the person or
761 his or her attorney. Full information is limited to the
762 following:
763 a. The type of test administered and the procedures
764 followed.
765 b. The time of the collection of the blood or breath sample
766 analyzed.
767 c. The numerical results of the test indicating the alcohol
768 content of the blood and breath.
769 d. The type and status of any permit issued by the
770 Department of Law Enforcement which was held by the person who
771 performed the test.
772 e. If the test was administered by means of a breath
773 testing instrument, the date of performance of the most recent
774 required inspection of such instrument.
775
776 Full information does not include manuals, schematics, or
777 software of the instrument used to test the person or any other
778 material that is not in the actual possession of the state.
779 Additionally, full information does not include information in
780 the possession of the manufacturer of the test instrument.
781 5. A hospital, clinical laboratory, medical clinic, or
782 similar medical institution or physician, certified paramedic,
783 registered nurse, licensed practical nurse, other personnel
784 authorized by a hospital to draw blood, or duly licensed
785 clinical laboratory director, supervisor, technologist, or
786 technician, or other person assisting a law enforcement officer
787 does not incur any civil or criminal liability as a result of
788 the withdrawal or analysis of a blood or urine specimen, or the
789 chemical or physical test of a person’s breath pursuant to
790 accepted medical standards when requested by a law enforcement
791 officer, regardless of whether or not the subject resisted
792 administration of the test.
793 (3) Notwithstanding any provision of law pertaining to the
794 confidentiality of hospital records or other medical records,
795 information relating to the alcoholic content of the blood or
796 breath or the presence of chemical substances, or controlled
797 substances, or impairing substances in the blood obtained
798 pursuant to this section shall be released to a court,
799 prosecuting attorney, defense attorney, or law enforcement
800 officer in connection with an alleged violation of s. 327.35
801 upon request for such information.
802 Section 12. Paragraph (a) of subsection (1), paragraph (a)
803 of subsection (2), paragraph (b) of subsection (3), and
804 subsection (4) of section 327.353, Florida Statutes, are amended
805 to read:
806 327.353 Blood test for impairment or intoxication in cases
807 of death or serious bodily injury; right to use reasonable
808 force.—
809 (1)(a) If a law enforcement officer has probable cause to
810 believe that a vessel operated by a person under the influence
811 of alcoholic beverages, any chemical substances, or any
812 controlled substances, or any impairing substances has caused
813 the death or serious bodily injury of a human being, a law
814 enforcement officer shall require the person operating or in
815 actual physical control of the vessel to submit to a test of the
816 person’s blood for the purpose of determining the alcoholic
817 content thereof or the presence of chemical substances as set
818 forth in s. 877.111, or any substance controlled under chapter
819 893, or any impairing substance. The law enforcement officer may
820 use reasonable force if necessary to require the person to
821 submit to the administration of the blood test. The blood test
822 shall be performed in a reasonable manner. Notwithstanding s.
823 327.352, the testing required by this paragraph need not be
824 incidental to a lawful arrest of the person.
825 (2)(a) Only a physician, certified paramedic, registered
826 nurse, licensed practical nurse, other personnel authorized by a
827 hospital to draw blood, or duly licensed clinical laboratory
828 director, supervisor, technologist, or technician, acting at the
829 request of a law enforcement officer, may withdraw blood for the
830 purpose of determining the alcoholic content thereof or the
831 presence of chemical substances, or controlled substances, or
832 impairing substances therein. However, the failure of a law
833 enforcement officer to request the withdrawal of blood does
834 shall not affect the admissibility of a test of blood withdrawn
835 for medical purposes.
836 (3)
837 (b) The results of any test administered pursuant to this
838 section for the purpose of detecting the presence of any
839 controlled substance or impairing substance are not admissible
840 as evidence in a criminal prosecution for the possession of a
841 controlled substance.
842 (4) Notwithstanding any provision of law pertaining to the
843 confidentiality of hospital records or other medical records,
844 information relating to the alcoholic content of the blood or
845 the presence of chemical substances, or controlled substances,
846 or impairing substances in the blood obtained pursuant to this
847 section shall be released to a court, prosecuting attorney,
848 defense attorney, or law enforcement officer in connection with
849 an alleged violation of s. 327.35 upon request for such
850 information.
851 Section 13. Subsections (1) and (2) of section 327.354,
852 Florida Statutes, are amended to read:
853 327.354 Presumption of impairment; testing methods.—
854 (1) It is unlawful and punishable as provided in s. 327.35
855 for any person who is under the influence of alcoholic
856 beverages, or controlled substances, or impairing substances,
857 when affected to the extent that the person’s normal faculties
858 are impaired or to the extent that the person is deprived of
859 full possession of normal faculties, to operate any vessel
860 within this state. Such normal faculties include, but are not
861 limited to, the ability to see, hear, walk, talk, judge
862 distances, drive an automobile, make judgments, act in
863 emergencies, and, in general, normally perform the many mental
864 and physical acts of daily life.
865 (2) At the trial of any civil or criminal action or
866 proceeding arising out of acts alleged to have been committed by
867 any person while operating a vessel while under the influence of
868 alcoholic beverages, or controlled substances, or impairing
869 substances, when affected to the extent that the person’s normal
870 faculties were impaired or to the extent that he or she was
871 deprived of full possession of his or her normal faculties, the
872 results of any test administered in accordance with s. 327.352
873 or s. 327.353 and this section are admissible into evidence when
874 otherwise admissible, and the amount of alcohol in the person’s
875 blood or breath at the time alleged, as shown by chemical
876 analysis of the person’s blood, or by chemical or physical test
877 of the person’s breath, gives rise to the following
878 presumptions:
879 (a) If there was at that time a blood-alcohol level or
880 breath-alcohol level of 0.05 or less, it is presumed that the
881 person was not under the influence of alcoholic beverages to the
882 extent that his or her normal faculties were impaired.
883 (b) If there was at that time a blood-alcohol level or
884 breath-alcohol level in excess of 0.05 but less than 0.08, that
885 fact does not give rise to any presumption that the person was
886 or was not under the influence of alcoholic beverages to the
887 extent that his or her normal faculties were impaired but may be
888 considered with other competent evidence in determining whether
889 the person was under the influence of alcoholic beverages to the
890 extent that his or her normal faculties were impaired.
891 (c) If there was at that time a blood-alcohol level or
892 breath-alcohol level of 0.08 or higher, that fact is prima facie
893 evidence that the person was under the influence of alcoholic
894 beverages to the extent that his or her normal faculties were
895 impaired. Any person who operates a vessel and who has a blood
896 alcohol level or breath-alcohol level of 0.08 or higher is
897 guilty of operating a vessel with an unlawful blood-alcohol
898 level or breath-alcohol level.
899
900 The presumptions provided in this subsection do not limit the
901 introduction of any other competent evidence bearing upon the
902 question of whether the person was under the influence of
903 alcoholic beverages to the extent that his or her normal
904 faculties were impaired.
905 Section 14. Section 327.359, Florida Statutes, is amended
906 to read:
907 327.359 Refusal to submit to testing; penalties.—A person
908 who has refused to submit to a chemical or physical test of his
909 or her breath or urine, as described in s. 327.352, and who has
910 been previously fined under s. 327.35215 or has previously had
911 his or her driver license suspended for refusal to submit to a
912 lawful test of his or her breath, urine, or blood, and:
913 (1) Who the arresting law enforcement officer had probable
914 cause to believe was operating or in actual physical control of
915 a vessel in this state while under the influence of alcoholic
916 beverages, chemical substances, or controlled substances, or
917 impairing substances;
918 (2) Who was placed under lawful arrest for a violation of
919 s. 327.35 unless such test was requested pursuant to s.
920 327.352(1)(c);
921 (3) Who was informed that if he or she refused to submit to
922 such test, he or she is subject to a fine of $500;
923 (4) Who was informed that a refusal to submit to a lawful
924 test of his or her breath or urine, if he or she has been
925 previously fined under s. 327.35215 or has previously had his or
926 her driver license suspended for refusal to submit to a lawful
927 test of his or her breath, urine, or blood, is a misdemeanor of
928 the first degree, punishable as provided in s. 775.082 or s.
929 775.083; and
930 (5) Who, after having been so informed, refused to submit
931 to any such test when requested to do so by a law enforcement
932 officer or correctional officer
933
934 commits a misdemeanor of the first degree, punishable as
935 provided in s. 775.082 or s. 775.083.
936
937 ================= T I T L E A M E N D M E N T ================
938 And the title is amended as follows:
939 Delete lines 6 - 34
940 and insert:
941 influence of any impairing substance; providing
942 enhanced criminal penalties for violation of driving
943 under the influence if the person has a prior
944 conviction for a violation of specified provisions;
945 amending s. 316.1932, F.S.; requiring that a person be
946 told that his or her failure to submit to a lawful
947 test of breath or urine is a second degree misdemeanor
948 or a first degree misdemeanor under certain
949 circumstances; conforming provisions to changes made
950 by the act; amending ss. 316.1933 and 316.1934, F.S.;
951 conforming provisions to changes made by the act;
952 amending s. 316.1939, F.S.; classifying a person’s
953 refusal to submit to a chemical or physical test of
954 breath or urine as a second degree misdemeanor or a
955 first degree misdemeanor under certain circumstances;
956 conforming a provision to changes made by the act;
957 creating s. 316.19395, F.S.; authorizing state
958 attorneys to create driving under the influence
959 diversion programs; providing requirements for such
960 diversion programs; providing that a person who
961 successfully completes a diversion program is
962 ineligible for participation in such a program in the
963 future; amending s. 316.656, F.S.; prohibiting a court
964 from suspending, deferring, or withholding
965 adjudication of guilt or imposition of sentence for a
966 specified violation; amending s. 322.34, F.S.;
967 providing penalties for specified violations of
968 driving while a license or driving privilege is
969 canceled, suspended, or revoked or under suspension or
970 revocation equivalent status; amending s. 327.35,
971 F.S.; prohibiting a person from operating a vessel
972 while under the influence of any impairing substance;
973 conforming a provision to changes made by the act;
974 amending ss. 327.352, 327.353, 327.354, and 327.359,
975 F.S.; conforming provisions to changes made by the
976 act; amending s. 933.02, F.S.; permitting the