Title: Driving Under the Influence

Summary: Prohibiting a trial court from accepting specified pleas when a person is charged with the offense of driving under the influence unless specified conditions are met; requiring a person to be told that his or her first failure to submit to a lawful test of breath or urine is a second degree misdemeanor and his or her second or subsequent refusal is a first degree misdemeanor; reclassifying a person's first failure to submit to a lawful test of breath or urine as a second degree misdemeanor; authorizing judicial circuits to create a Driving Under the Influence Diversion Program, etc.

Full Text:
An act relating to driving under the influence; amending s. 316.193, F.S.; prohibiting a trial court from accepting specified pleas when a person is charged with the offense of driving under the influence unless specified conditions are met; amending s. 316.1932, F.S.; requiring a person to be told that his or her first failure to submit to a lawful test of breath or urine is a second degree misdemeanor and his or her second or subsequent refusal is a first degree misdemeanor; making technical changes; amending s. 316.1939, F.S.; reclassifying a person s first failure to submit to a lawful test of breath or urine as a second degree misdemeanor; clarifying provisions related to a person s second or subsequent failure to submit to a lawful test of breath, urine, or blood; making technical changes; creating s. 316.19395, F.S.; authorizing judicial circuits to create a Driving Under the Influence Diversion Program; requiring the policies and procedures of the program to be published on the website of a participating state attorney s office; requiring each judicial circuit operating such a program to submit participant information for persons who successfully complete the program to the Department of Highway Safety and Motor Vehicles; requiring the department to notate the driver record of such participants indicating successful completion; prohibiting a person from completing a subsequent Driving Under the Influence Diversion Program; amending s. 316.656, F.S.; prohibiting a court from suspending, deferring, or withholding adjudication of guilt or imposition of sentence for a specified violation; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (15) is added to section 316.193, Florida Statutes, to read: 316.193 Driving under the influence; penalties.  (15)   A trial court judge may not accept a plea of guilty or no contest to a reduced charge, including reckless driving under s. 316.192, from a person charged with a violation of subsection (1) unless:(a)   The trial court determines there is a good faith basis to believe a reduction in such charge is warranted;or (b)   The defendant successfully complete sa Driving Under the Influence Diversion Program in accordance with s. 316.19395. Section 2. Paragraph (a) of subsection (1) of section 316.1932, Florida Statutes, is amended to read: 316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.  (1)(a)1.a. A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages. The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages. The administration of a breath test does not preclude the administration of another type of test. The person must shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of his or her license the person s privilege to operate a motor vehicle as provided in s. 322.2615(1)(a) for a period of year for a first refusal, or for a period of months if the driver license driving privilege of such person has been previously suspended or if he or she has previously been fined under s. 327.35215 as a result of a refusal to submit to a test or tests required under this chapter or chapter 327, and must shall also be told that if he or she refuses to submit to a lawful test of his or her breath and his or her driving privilege has been previously suspended or if he or she has previously been fined under s. 327.35215 for a prior refusal to submit to a lawful test of his or her breath, urine, or blood as required under this chapter or chapter,he or she commits a misdemeanor of the second first degree, punishable as provided in s. 775.082 or s. 775.083, for a first refusal and a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for a second or subsequent refusal, in addition to any other penalties provided by law. The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding. b. A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to a urine test for the purpose of detecting the presence of chemical substances as set forth in s. 877.111 or controlled substances if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of chemical substances or controlled substances. The urine test must be incidental to a lawful arrest and administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of a motor vehicle within this state while under the influence of chemical substances or controlled substances. The urine test must shall be administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such test in a reasonable manner that will ensure the accuracy of the specimen and maintain the privacy of the individual involved. The administration of a urine test does not preclude the administration of another type of test. The person must shall be told that his or her failure to submit to any lawful test of his or her urine will result in the suspension of his or her license the person s privilege to operate a motor vehicle for a period of year for the first refusal, or for a period of months if the driver license driving privilege of such person has been previously suspended or if he or she has previously been fined under s. 327.35215 as a result of a refusal to submit to a test or tests required under this chapter or chapter 327, and must shall also be told that if he or she refuses to submit to a lawful test of his or her urine and his or her driving privilege has been previously suspended or if he or she has previously been fined under s. 327.35215 for a prior refusal to submit to a lawful test of his or her breath, urine, or blood as required under this chapter or chapter 327, he or she commits a misdemeanor of the first degree,punishable as provided in s. 775.082 or s. 775.083, in addition to any other penalties provided by law. The refusal to submit to a urine test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding. 2. The Alcohol Testing Program within the Department of Law Enforcement is responsible for the regulation of the operation, inspection, and registration of breath test instruments utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters and 327. The program is responsible for the regulation of the individuals who operate, inspect, and instruct on the breath test instruments utilized in the driving and boating under the influence provisions and related provisions located in this chapter and chapters and 327. The program is further responsible for the regulation of blood analysts who conduct blood testing to be utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters and 327. The program shall: a. Establish uniform criteria for the issuance of permits to breath test operators, agency inspectors, instructors, blood analysts, and instruments. b. Have the authority to permit breath test operators, agency inspectors, instructors, blood analysts, and instruments. c. Have the authority to discipline and suspend, revoke, or renew the permits of breath test operators, agency inspectors, instructors, blood analysts, and instruments. d. Establish uniform requirements for instruction and curricula for the operation and inspection of approved instruments. e. Have the authority to specify one approved curriculum for the operation and inspection of approved instruments. f. Establish a procedure for the approval of breath test operator and agency inspector classes. g. Have the authority to approve or disapprove breath test instruments and accompanying paraphernalia for use pursuant to the driving and boating under the influence provisions and related provisions located in this chapter and chapters and 327. h. With the approval of the executive director of the Department of Law Enforcement, make and enter into contracts and agreements with other agencies, organizations, associations, corporations, individuals, or federal agencies as are necessary, expedient, or incidental to the performance of duties. i. Issue final orders which include findings of fact and conclusions of law and which constitute final agency action for the purpose of chapter 120. j. Enforce compliance with this section through civil or administrative proceedings. k. Make recommendations concerning any matter within the purview of this section, this chapter, chapter 322, or chapter 327. l.  Adopt Promulgate rules for the administration and implementation of this section, including definitions of terms. m. Consult and cooperate with other entities for the purpose of implementing the mandates of this section. n. Have the authority to approve the type of blood test utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters and 327. o. Have the authority to specify techniques and methods for breath alcohol testing and blood testing utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters and 327. p. Have the authority to approve repair facilities for the approved breath test instruments, including the authority to set criteria for approval. Nothing in This paragraph may not section shall be construed to supersede provisions in this chapter and chapters and 327. The specifications in this section are derived from the power and authority previously and currently possessed by the Department of Law Enforcement and are enumerated to conform with the mandates of chapter 99-379, Laws of Florida. Section 3. Section 316.1939, Florida Statutes, is amended to read: 316.1939 Refusal to submit to testing; penalties.  (1) A person who has refused to submit to a chemical or physical test of his or her breath or urine, as described in s. 316.1932, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, in addition to any other penalties provided by law, if and whose driving privilege was previously suspended or who was previously fined under s. 327.35215 for a prior refusal to submit to a lawful test of his or her breath, urine, or blood required under this chapter or chapter 7, and:(a)  Who The arresting law enforcement officer had probable cause to believe the person was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages, chemical substances, or controlled substances; (b)  The person Who was placed under lawful arrest for a violation of s. 316.193,unless such test was requested pursuant to s. 316.1932(1)(c); (c)  The person Who was informed that, if he or she refused to submit to such test, his or her license privilege to operate a motor vehicle would be suspended for a period of year or, in the case of a second or subsequent refusal, for a period of months; and (d)  The person, after having been so informed, still refuses Who was informed that a refusal to submit to a lawful test of his or her breath or urine when requested to do so by a law enforcement or correctional officer. (2) A second or subsequent refusal to submit to a lawful test of breath, urine, or blood as specified in subsection (1) is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, in addition to any other penalties provided by law,if his or her driving privilege has been previously suspended or if he or she has previously been fined under s. 327.35215 for a prior refusal to submit to a lawful test of his or her breath, urine, or blood as required under this chapter or chapter 327, is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, in addition to any other penaltie sprovided by law; and (e) Who, after having been so informed, refused to submit to any such test when requested to do so by a law enforcement officer or correctional officer commits a misdemeanor of the first degree and is subject to punishment as provided in s. 775.082 or s. 775.083.(3) (2)  The disposition of any administrative proceeding that relates to the suspension of a person s driver license driving privilege does not affect a criminal action under this section. (4) (3)  The disposition of a criminal action under this section does not affect any administrative proceeding that relates to the suspension of a person s driver license driving privilege.The department s records showing that a person s license has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood is shall be admissible and creates shall create a rebuttable presumption of such suspension. Section 4. Section 316.19395, Florida Statutes, is created to read: 316.19395  Driving Under the Influence Diversion Programs.  (1)  Any judicial circuit may create a Driving Under the Influence Diversion Program. A judicial circuit that creates such a program shall publish the terms and conditions of the program on the website of the office of the state attorney. (2)  Each judicial circuit operating a Driving Under the Influence Diversion Program must report to the department persons who have successfully completed the program. The department shall notate the successful participation of the diversion program on the driving record of such persons. (3)  If,after successfully completing a diversion program,a person i scharged with a new driving-under-the-influence offense, the person may not participate in a subsequent Driving Under the Influence Diversion Program. Section 5. Subsection (1) of section 316.656, Florida Statutes, is amended to read: 316.656 Mandatory adjudication; prohibition against accepting plea to lesser included offense.  (1) Notwithstanding the provisions of s. 948.01, a court may not no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 316.193 or s. 316.1939,for manslaughter resulting from the operation of a motor vehicle, or for vehicular homicide. Section 6. This act shall take effect October 1, 2023.