Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 138
       
       
       
       
       
       
                                Ì524716/Î524716                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Criminal Justice (Wright) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as “Trenton’s Law.”
    6         Section 2. Subsections (1), (2), and (3) of section
    7  316.193, Florida Statutes, are amended to read:
    8         316.193 Driving under the influence; penalties.—
    9         (1) A person commits is guilty of the offense of driving
   10  under the influence and is subject to punishment as provided in
   11  subsection (2) if the person is driving or in actual physical
   12  control of a vehicle within this state and:
   13         (a) The person is under the influence of alcoholic
   14  beverages, any chemical substance set forth in s. 877.111, or
   15  any substance controlled under chapter 893, or any intoxicating
   16  substance, when affected to the extent that the person’s normal
   17  faculties are impaired;
   18         (b) The person has a blood-alcohol level of 0.08 or more
   19  grams of alcohol per 100 milliliters of blood; or
   20         (c) The person has a breath-alcohol level of 0.08 or more
   21  grams of alcohol per 210 liters of breath.
   22         (2)(a) Except as provided in paragraph (b), subsection (3),
   23  or subsection (4), any person who is convicted of a violation of
   24  subsection (1) shall be punished:
   25         1. By a fine of:
   26         a. Not less than $500 or more than $1,000 for a first
   27  conviction.
   28         b. Not less than $1,000 or more than $2,000 for a second
   29  conviction; and
   30         2. By imprisonment for:
   31         a. Not more than 6 months for a first conviction.
   32         b. Not more than 9 months for a second conviction.
   33         3. For a second conviction, by mandatory placement for a
   34  period of at least 1 year, at the convicted person’s sole
   35  expense, of an ignition interlock device approved by the
   36  department in accordance with s. 316.1938 upon all vehicles that
   37  are individually or jointly leased or owned and routinely
   38  operated by the convicted person, when the convicted person
   39  qualifies for a permanent or restricted license.
   40  
   41  The portion of a fine imposed in excess of $500 pursuant to sub
   42  subparagraph 1.a. and the portion of a fine imposed in excess of
   43  $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by
   44  the clerk to the Department of Revenue for deposit into the
   45  General Revenue Fund.
   46         (b)1. Any person who is convicted of a third violation of
   47  this section for an offense that occurs within 10 years after a
   48  prior conviction for a violation of this section commits a
   49  felony of the third degree, punishable as provided in s.
   50  775.082, s. 775.083, or s. 775.084. In addition, the court shall
   51  order the mandatory placement for a period of not less than 2
   52  years, at the convicted person’s sole expense, of an ignition
   53  interlock device approved by the department in accordance with
   54  s. 316.1938 upon all vehicles that are individually or jointly
   55  leased or owned and routinely operated by the convicted person,
   56  when the convicted person qualifies for a permanent or
   57  restricted license.
   58         2. Any person who is convicted of a third violation of this
   59  section for an offense that occurs more than 10 years after the
   60  date of a prior conviction for a violation of this section shall
   61  be punished by a fine of not less than $2,000 or more than
   62  $5,000 and by imprisonment for not more than 12 months. The
   63  portion of a fine imposed in excess of $2,500 pursuant to this
   64  subparagraph shall be remitted by the clerk to the Department of
   65  Revenue for deposit into the General Revenue Fund. In addition,
   66  the court shall order the mandatory placement for a period of at
   67  least 2 years, at the convicted person’s sole expense, of an
   68  ignition interlock device approved by the department in
   69  accordance with s. 316.1938 upon all vehicles that are
   70  individually or jointly leased or owned and routinely operated
   71  by the convicted person, when the convicted person qualifies for
   72  a permanent or restricted license.
   73         3. Any person who is convicted of a fourth or subsequent
   74  violation of this section, regardless of when any prior
   75  conviction for a violation of this section occurred, commits a
   76  felony of the third degree, punishable as provided in s.
   77  775.082, s. 775.083, or s. 775.084. However, the fine imposed
   78  for such fourth or subsequent violation may be not less than
   79  $2,000. The portion of a fine imposed in excess of $1,000
   80  pursuant to this subparagraph shall be remitted by the clerk to
   81  the Department of Revenue for deposit into the General Revenue
   82  Fund.
   83         (c) In addition to the penalties in paragraph (a), the
   84  court may order placement, at the convicted person’s sole
   85  expense, of an ignition interlock device approved by the
   86  department in accordance with s. 316.1938 for at least 6
   87  continuous months upon all vehicles that are individually or
   88  jointly leased or owned and routinely operated by the convicted
   89  person if, at the time of the offense, the person had a blood
   90  alcohol level or breath-alcohol level of .08 or higher.
   91         (3) Any person:
   92         (a) Who is in violation of subsection (1);
   93         (b) Who operates a vehicle; and
   94         (c) Who, by reason of such operation, causes or contributes
   95  to causing:
   96         1. Damage to the property or person of another commits a
   97  misdemeanor of the first degree, punishable as provided in s.
   98  775.082 or s. 775.083.
   99         2. Serious bodily injury to another, as defined in s.
  100  316.1933, commits a felony of the third degree, punishable as
  101  provided in s. 775.082, s. 775.083, or s. 775.084.
  102         3. The death of any human being or unborn child commits DUI
  103  manslaughter, and commits:
  104         a. A felony of the second degree, punishable as provided in
  105  s. 775.082, s. 775.083, or s. 775.084.
  106         b. A felony of the first degree, punishable as provided in
  107  s. 775.082, s. 775.083, or s. 775.084, if:
  108         (I) At the time of the crash, the person knew, or should
  109  have known, that the crash occurred; and
  110         (II) The person failed to give information and render aid
  111  as required by s. 316.062.
  112         c.A felony of the first degree, punishable as provided in
  113  s. 775.082, s. 775.083, or s. 775.084, if the person has a prior
  114  conviction for a violation of this subparagraph or s. 782.071.
  115  
  116  For purposes of this subsection, the term “unborn child” has the
  117  same meaning as provided in s. 775.021(5). A person who is
  118  convicted of DUI manslaughter shall be sentenced to a mandatory
  119  minimum term of imprisonment of 4 years.
  120         Section 3. Paragraph (a) of subsection (1) of section
  121  316.1932, Florida Statutes, is amended to read:
  122         316.1932 Tests for alcohol, chemical substances, or
  123  controlled substances; implied consent; refusal.—
  124         (1)(a)1.a. A person who accepts the privilege extended by
  125  the laws of this state of operating a motor vehicle within this
  126  state is, by operating such vehicle, deemed to have given his or
  127  her consent to submit to an approved chemical test or physical
  128  test including, but not limited to, an infrared light test of
  129  his or her breath for the purpose of determining the alcoholic
  130  content of his or her blood or breath if the person is lawfully
  131  arrested for any offense allegedly committed while the person
  132  was driving or was in actual physical control of a motor vehicle
  133  while under the influence of alcoholic beverages. The chemical
  134  or physical breath test must be incidental to a lawful arrest
  135  and administered at the request of a law enforcement officer who
  136  has reasonable cause to believe such person was driving or was
  137  in actual physical control of the motor vehicle within this
  138  state while under the influence of alcoholic beverages. The
  139  administration of a breath test does not preclude the
  140  administration of another type of test. The person must shall be
  141  told that his or her failure to submit to any lawful test of his
  142  or her breath will result in the suspension of his or her the
  143  person’s privilege to operate a motor vehicle as provided in s.
  144  322.2615(1)(a) for a period of 1 year for a first refusal, or
  145  for a period of 18 months if the driving privilege of such
  146  person has been previously suspended or if he or she has
  147  previously been fined under s. 327.35215 as a result of a
  148  refusal to submit to a test or tests required under this chapter
  149  or chapter 327, and must shall also be told that if he or she
  150  refuses to submit to a lawful test of his or her breath and his
  151  or her driving privilege has been previously suspended or if he
  152  or she has previously been fined under s. 327.35215 for a prior
  153  refusal to submit to a lawful test of his or her breath, urine,
  154  or blood as required under this chapter or chapter 327, he or
  155  she commits a misdemeanor of the second first degree, punishable
  156  as provided in s. 775.082 or s. 775.083, or a misdemeanor of the
  157  first degree, punishable as provided in s. 775.082 or s.
  158  775.083, if his or her driving privilege has been previously
  159  suspended or if he or she has previously been fined under s.
  160  327.35215 for a prior refusal to submit to a lawful test of his
  161  or her breath, urine, or blood as required under this chapter or
  162  chapter 327, in addition to any other penalties provided by law.
  163  The refusal to submit to a chemical or physical breath test upon
  164  the request of a law enforcement officer as provided in this
  165  section is admissible into evidence in any criminal proceeding.
  166         b. A person who accepts the privilege extended by the laws
  167  of this state of operating a motor vehicle within this state is,
  168  by operating such vehicle, deemed to have given his or her
  169  consent to submit to a urine test for the purpose of detecting
  170  the presence of chemical substances as set forth in s. 877.111
  171  or controlled substances if the person is lawfully arrested for
  172  any offense allegedly committed while the person was driving or
  173  was in actual physical control of a motor vehicle while under
  174  the influence of chemical substances or controlled substances.
  175  The urine test must be incidental to a lawful arrest and
  176  administered at a detention facility or any other facility,
  177  mobile or otherwise, which is equipped to administer such tests
  178  at the request of a law enforcement officer who has reasonable
  179  cause to believe such person was driving or was in actual
  180  physical control of a motor vehicle within this state while
  181  under the influence of chemical substances or controlled
  182  substances. The urine test must shall be administered at a
  183  detention facility or any other facility, mobile or otherwise,
  184  which is equipped to administer such test in a reasonable manner
  185  that will ensure the accuracy of the specimen and maintain the
  186  privacy of the individual involved. The administration of a
  187  urine test does not preclude the administration of another type
  188  of test. The person must shall be told that his or her failure
  189  to submit to any lawful test of his or her urine will result in
  190  the suspension of his or her the person’s privilege to operate a
  191  motor vehicle for a period of 1 year for the first refusal, or
  192  for a period of 18 months if the driving privilege of such
  193  person has been previously suspended or if he or she has
  194  previously been fined under s. 327.35215 as a result of a
  195  refusal to submit to a test or tests required under this chapter
  196  or chapter 327, and must shall also be told that if he or she
  197  refuses to submit to a lawful test of his or her urine and his
  198  or her driving privilege has been previously suspended or if he
  199  or she has previously been fined under s. 327.35215 for a prior
  200  refusal to submit to a lawful test of his or her breath, urine,
  201  or blood as required under this chapter or chapter 327, he or
  202  she commits a misdemeanor of the second first degree, punishable
  203  as provided in s. 775.082 or s. 775.083, or a misdemeanor of the
  204  first degree, punishable as provided in s. 775.082 or s.
  205  775.083, if his or her driving privilege has been previously
  206  suspended or if he or she has previously been fined under s.
  207  327.35215 for a prior refusal to submit to a lawful test of his
  208  or her breath, urine, or blood as required under this chapter or
  209  chapter 327, in addition to any other penalties provided by law.
  210  The refusal to submit to a urine test upon the request of a law
  211  enforcement officer as provided in this section is admissible
  212  into evidence in any criminal proceeding.
  213         2. The Alcohol Testing Program within the Department of Law
  214  Enforcement is responsible for the regulation of the operation,
  215  inspection, and registration of breath test instruments utilized
  216  under the driving and boating under the influence provisions and
  217  related provisions located in this chapter and chapters 322 and
  218  327. The program is responsible for the regulation of the
  219  individuals who operate, inspect, and instruct on the breath
  220  test instruments utilized in the driving and boating under the
  221  influence provisions and related provisions located in this
  222  chapter and chapters 322 and 327. The program is further
  223  responsible for the regulation of blood analysts who conduct
  224  blood testing to be utilized under the driving and boating under
  225  the influence provisions and related provisions located in this
  226  chapter and chapters 322 and 327. The program shall:
  227         a. Establish uniform criteria for the issuance of permits
  228  to breath test operators, agency inspectors, instructors, blood
  229  analysts, and instruments.
  230         b. Have the authority to permit breath test operators,
  231  agency inspectors, instructors, blood analysts, and instruments.
  232         c. Have the authority to discipline and suspend, revoke, or
  233  renew the permits of breath test operators, agency inspectors,
  234  instructors, blood analysts, and instruments.
  235         d. Establish uniform requirements for instruction and
  236  curricula for the operation and inspection of approved
  237  instruments.
  238         e. Have the authority to specify one approved curriculum
  239  for the operation and inspection of approved instruments.
  240         f. Establish a procedure for the approval of breath test
  241  operator and agency inspector classes.
  242         g. Have the authority to approve or disapprove breath test
  243  instruments and accompanying paraphernalia for use pursuant to
  244  the driving and boating under the influence provisions and
  245  related provisions located in this chapter and chapters 322 and
  246  327.
  247         h. With the approval of the executive director of the
  248  Department of Law Enforcement, make and enter into contracts and
  249  agreements with other agencies, organizations, associations,
  250  corporations, individuals, or federal agencies as are necessary,
  251  expedient, or incidental to the performance of duties.
  252         i. Issue final orders which include findings of fact and
  253  conclusions of law and which constitute final agency action for
  254  the purpose of chapter 120.
  255         j. Enforce compliance with this section through civil or
  256  administrative proceedings.
  257         k. Make recommendations concerning any matter within the
  258  purview of this section, this chapter, chapter 322, or chapter
  259  327.
  260         l. Adopt Promulgate rules for the administration and
  261  implementation of this section, including definitions of terms.
  262         m. Consult and cooperate with other entities for the
  263  purpose of implementing the mandates of this section.
  264         n. Have the authority to approve the type of blood test
  265  utilized under the driving and boating under the influence
  266  provisions and related provisions located in this chapter and
  267  chapters 322 and 327.
  268         o. Have the authority to specify techniques and methods for
  269  breath alcohol testing and blood testing utilized under the
  270  driving and boating under the influence provisions and related
  271  provisions located in this chapter and chapters 322 and 327.
  272         p. Have the authority to approve repair facilities for the
  273  approved breath test instruments, including the authority to set
  274  criteria for approval.
  275  
  276  Nothing in this section shall be construed to supersede
  277  provisions in this chapter and chapters 322 and 327. The
  278  specifications in this section are derived from the power and
  279  authority previously and currently possessed by the Department
  280  of Law Enforcement and are enumerated to conform with the
  281  mandates of chapter 99-379, Laws of Florida.
  282         Section 4. Section 316.1939, Florida Statutes, is amended
  283  to read:
  284         316.1939 Refusal to submit to testing; penalties.—
  285         (1) A person who has refused to submit to a chemical or
  286  physical test of his or her breath or urine, as described in s.
  287  316.1932, commits a misdemeanor of the second degree, punishable
  288  as provided in s. 775.082 or s. 775.083, in addition to any
  289  other penalties provided by law, and such person whose driving
  290  privilege was previously suspended or who was previously fined
  291  under s. 327.35215 for a prior refusal to submit to a lawful
  292  test of his or her breath, urine, or blood required under this
  293  chapter or chapter 327 commits a misdemeanor of the first
  294  degree, punishable as provided in s. 775.082 or s. 775.083, in
  295  addition to any other penalties provided by law if all of the
  296  following apply, and:
  297         (a) Who The arresting law enforcement officer had probable
  298  cause to believe that the person was driving or in actual
  299  physical control of a motor vehicle in this state while under
  300  the influence of alcoholic beverages, chemical substances, or
  301  controlled substances.;
  302         (b) The person Who was placed under lawful arrest for a
  303  violation of s. 316.193, unless such test was requested pursuant
  304  to s. 316.1932(1)(c).;
  305         (c) The person Who was informed that, if he or she refused
  306  to submit to such test, his or her privilege to operate a motor
  307  vehicle would be suspended for a period of 1 year or, in the
  308  case of a second or subsequent refusal, for a period of 18
  309  months.;
  310         (d) The person, after having been informed as required in
  311  paragraph (c), still refuses Who was informed that a refusal to
  312  submit to a lawful test of his or her breath or urine as
  313  described in s. 316.1932, if his or her driving privilege has
  314  been previously suspended or if he or she has previously been
  315  fined under s. 327.35215 for a prior refusal to submit to a
  316  lawful test of his or her breath, urine, or blood as required
  317  under this chapter or chapter 327, is a misdemeanor of the first
  318  degree, punishable as provided in s. 775.082 or s. 775.083, in
  319  addition to any other penalties provided by law; and
  320         (e) Who, after having been so informed, refused to submit
  321  to any such test when requested to do so by a law enforcement
  322  officer or correctional officer
  323  
  324  commits a misdemeanor of the first degree and is subject to
  325  punishment as provided in s. 775.082 or s. 775.083.
  326         (2) The disposition of any administrative proceeding that
  327  relates to the suspension of a person’s driving privilege does
  328  not affect a criminal action under this section.
  329  (3) The disposition of a criminal action under this section does
  330  not affect any administrative proceeding that relates to the
  331  suspension of a person’s driving privilege. The department’s
  332  records showing that a person’s license has been previously
  333  suspended for a prior refusal to submit to a lawful test of his
  334  or her breath, urine, or blood are shall be admissible and
  335  create shall create a rebuttable presumption of such suspension.
  336         Section 5. Section 316.19395, Florida Statutes, is created
  337  to read:
  338         316.19395 Driving under the influence diversion programs.—
  339         (1) Any judicial circuit may create a driving under the
  340  influence diversion program. A judicial circuit that creates
  341  such a diversion program shall publish the terms and conditions
  342  of the program on the website of the office of the state
  343  attorney for that circuit.
  344         (2) Each judicial circuit that offers a diversion program
  345  under this section shall notify the department of each person
  346  who successfully completes the program. The department shall
  347  notate the successful completion of the diversion program on the
  348  driving record of each such person.
  349  (3)A person who successfully completes a diversion program
  350  offered under this section is ineligible for future
  351  participation in such a program.
  352         Section 6. Subsection (1) of section 316.656, Florida
  353  Statutes, is amended to read:
  354         316.656 Mandatory adjudication; prohibition against
  355  accepting plea to lesser included offense.—
  356  (1) Notwithstanding the provisions of s. 948.01, a court may not
  357  no court may suspend, defer, or withhold adjudication of guilt
  358  or imposition of sentence for any violation of s. 316.193 or s.
  359  316.1939, for manslaughter resulting from the operation of a
  360  motor vehicle, or for vehicular homicide.
  361         Section 7. Subsection (2) of section 322.34, Florida
  362  Statutes, is amended to read:
  363         322.34 Driving while license suspended, revoked, canceled,
  364  or disqualified.—
  365         (2) Any person whose driver license or driving privilege
  366  has been canceled, suspended, or revoked as provided by law, or
  367  who does not have a driver license or driving privilege but is
  368  under suspension or revocation equivalent status as defined in
  369  s. 322.01(43), except persons defined in s. 322.264, who,
  370  knowing of such cancellation, suspension, revocation, or
  371  suspension or revocation equivalent status, drives any motor
  372  vehicle upon the highways of this state while such license or
  373  privilege is canceled, suspended, or revoked, or while under
  374  suspension or revocation equivalent status, commits:
  375         (a) A misdemeanor of the second degree, punishable as
  376  provided in s. 775.082 or s. 775.083.
  377         (b)1. A misdemeanor of the first degree, punishable as
  378  provided in s. 775.082 or s. 775.083, upon a second or
  379  subsequent conviction, except as provided in paragraph (c).
  380         2. A person convicted of a third or subsequent conviction,
  381  except as provided in paragraph (c), must serve a minimum of 10
  382  days in jail.
  383         (c) A felony of the third degree, punishable as provided in
  384  s. 775.082, s. 775.083, or s. 775.084, upon a third or
  385  subsequent conviction if the current violation of this section
  386  or the most recent prior violation of the section is related to
  387  driving while license canceled, suspended, revoked, or
  388  suspension or revocation equivalent status resulting from a
  389  violation of:
  390         1. Driving under the influence. A person to whom this
  391  subparagraph applies must serve a minimum of 30 days in jail
  392  upon a first conviction, a minimum of 60 days in jail upon a
  393  second conviction, and a minimum of 90 days in jail upon a third
  394  or subsequent conviction;
  395         2. Refusal to submit to a urine, breath-alcohol, or blood
  396  alcohol test. A person to whom this subparagraph applies must
  397  serve a minimum of 30 days in jail upon a first conviction, a
  398  minimum of 60 days in jail upon a second conviction, and a
  399  minimum of 90 days in jail upon a third or subsequent
  400  conviction;
  401         3. A traffic offense causing death or serious bodily
  402  injury; or
  403         4. Fleeing or eluding.
  404  
  405  The element of knowledge is satisfied if the person has been
  406  previously cited as provided in subsection (1); or the person
  407  admits to knowledge of the cancellation, suspension, or
  408  revocation, or suspension or revocation equivalent status; or
  409  the person received notice as provided in subsection (4). There
  410  is shall be a rebuttable presumption that the knowledge
  411  requirement is satisfied if a judgment or an order as provided
  412  in subsection (4) appears in the department’s records for any
  413  case except for one involving a suspension by the department for
  414  failure to pay a traffic fine or for a financial responsibility
  415  violation.
  416         Section 8. Subsection (1) of section 327.35, Florida
  417  Statutes, is amended to read:
  418         327.35 Boating under the influence; penalties; “designated
  419  drivers.”—
  420         (1) A person commits is guilty of the offense of boating
  421  under the influence and is subject to punishment as provided in
  422  subsection (2) if the person is operating a vessel within this
  423  state and:
  424         (a) The person is under the influence of alcoholic
  425  beverages, any chemical substance set forth in s. 877.111, or
  426  any substance controlled under chapter 893, or any intoxicating
  427  substance when affected to the extent that the person’s normal
  428  faculties are impaired;
  429         (b) The person has a blood-alcohol level of 0.08 or more
  430  grams of alcohol per 100 milliliters of blood; or
  431  (c) The person has a breath-alcohol level of 0.08 or more grams
  432  of alcohol per 210 liters of breath.
  433         Section 9. Section 933.02, Florida Statutes, is amended to
  434  read:
  435         933.02 Grounds for issuance of search warrant.—Upon proper
  436  affidavits being made, a search warrant may be issued under the
  437  provisions of this chapter upon any of the following grounds:
  438         (1) When the property shall have been stolen or embezzled
  439  in violation of law;
  440         (2) When any property shall have been used:
  441         (a) As a means to commit any crime;
  442         (b) In connection with gambling, gambling implements and
  443  appliances; or
  444         (c) In violation of s. 847.011 or other laws in reference
  445  to obscene prints and literature;
  446         (3) When any property constitutes evidence relevant to
  447  proving that a felony has been committed;
  448         (4) When any property is being held or possessed:
  449         (a) In violation of any of the laws prohibiting the
  450  manufacture, sale, and transportation of intoxicating liquors;
  451         (b) In violation of the fish and game laws;
  452         (c) In violation of the laws relative to food and drug; or
  453         (d) In violation of the laws relative to citrus disease
  454  pursuant to s. 581.184; or
  455         (5) When the laws in relation to cruelty to animals, as
  456  provided in chapter 828, have been or are violated in any
  457  particular building or place; or.
  458         (6) When a sample of the blood of a person constitutes
  459  evidence relevant to proving that a violation of s. 316.193 or
  460  s. 327.35 has been committed.
  461  
  462  This section also applies to any papers or documents used as a
  463  means of or in aid of the commission of any offense against the
  464  laws of the state.
  465         Section 10. Section 782.071, Florida Statutes, is amended
  466  to read:
  467         782.071 Vehicular homicide.—“Vehicular homicide” is the
  468  killing of a human being, or the killing of an unborn child by
  469  any injury to the mother, caused by the operation of a motor
  470  vehicle by another in a reckless manner likely to cause the
  471  death of, or great bodily harm to, another.
  472         (1) Vehicular homicide is:
  473         (a) A felony of the second degree, punishable as provided
  474  in s. 775.082, s. 775.083, or s. 775.084.
  475         (b) A felony of the first degree, punishable as provided in
  476  s. 775.082, s. 775.083, or s. 775.084, if:
  477         1. At the time of the accident, the person knew, or should
  478  have known, that the accident occurred; and
  479         2. The person failed to give information and render aid as
  480  required by s. 316.062.
  481  
  482  This paragraph does not require that the person knew that the
  483  accident resulted in injury or death.
  484         (c)A felony of the first degree, punishable as provided in
  485  s. 775.082, s. 775.083, or s. 775.084, if the person has a prior
  486  conviction for a violation of this section or 316.193(3)(c)3.
  487         Section 11. This act shall take effect October 1, 2025.
  488  
  489  ================= T I T L E  A M E N D M E N T ================
  490  And the title is amended as follows:
  491         Delete everything before the enacting clause
  492  and insert:
  493                        A bill to be entitled                      
  494         An act relating to driving and boating offenses;
  495         providing a short title; amending s. 316.193, F.S.;
  496         prohibiting a person from driving or being in actual
  497         physical control of a vehicle while under the
  498         influence of any intoxicating substance; providing
  499         enhanced criminal penalties for violation of driving
  500         under the influence if the person has a prior
  501         conviction for a violation of specified provisions;
  502         amending s. 316.1932, F.S.; requiring that a person be
  503         told that his or her failure to submit to a lawful
  504         test of breath or urine is a second degree misdemeanor
  505         or a first degree misdemeanor under certain
  506         circumstances; amending s. 316.1939, F.S.; classifying
  507         a person’s refusal to submit to a chemical or physical
  508         test of breath or urine as a second degree misdemeanor
  509         or a first degree misdemeanor under certain
  510         circumstances; creating s. 316.19395, F.S.;
  511         authorizing judicial circuits to create driving under
  512         the influence diversion programs; providing
  513         requirements for such diversion programs; providing
  514         that a person who successfully completes a diversion
  515         program is ineligible for participation in such a
  516         program in the future; amending s. 316.656, F.S.;
  517         prohibiting a court from suspending, deferring, or
  518         withholding adjudication of guilt or imposition of
  519         sentence for a specified violation; amending s.
  520         322.34, F.S.; providing penalties for specified
  521         violations of driving while a license or driving
  522         privilege is canceled, suspended, or revoked or under
  523         suspension or revocation equivalent status; amending
  524         s. 327.35, F.S.; prohibiting a person from operating a
  525         vessel while under the influence of any intoxicating
  526         substance; amending s. 933.02, F.S.; permitting the
  527         issuance of a search warrant when a sample of blood of
  528         a person constitutes evidence relevant to proving
  529         specified crimes; amending s. 782.071, F.S.; providing
  530         enhanced criminal penalties for a violation of
  531         vehicular homicide if the person has a prior
  532         conviction for a violation of specified provisions;
  533         providing an effective date.