F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 871 2024
1 A bill to be entitled
2 An act relating to driving under the influence;
3 amending s. 316.193, F.S.; prohibiting a trial court
4 judge from accepting specified pleas when a person is
5 charged with the offense of driving under the
6 influence unless specified conditions are met;
7 amending s. 316.1932, F.S.; requiring that a person be
8 told that his or her failure to submit to a lawful
9 test of breath or urine is a second degree misdemeanor
10 or a first degree misdemeanor under certain
11 circumstances; making technical changes; amending s.
12 316.1939, F.S.; classifying a person's refusal to
13 submit to a chemical or physical test of breath or
14 urine as a second degree misdemeanor or a first degree
15 misdemeanor under certain circumstances; making
16 technical changes; creating s. 316.19395, F.S.;
17 authorizing judicial circuits to create a driving
18 under the influence diversion program; requiring that
19 the policies and procedures of the diversion program
20 be published on the website of the state attorney's
21 office; requiring each judicial circuit operating such
22 a diversion program to submit participant information
23 for persons who successfully complete the program to
24 the Department of Highway Safety and Motor Vehicles;
25 requiring the department to notate successful
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HB 871 2024
26 completion on the driving record of such participants;
27 providing that a person who successfully completes
28 such a diversion program is ineligible for
29 participation in such a program in the future;
30 amending s. 316.656, F.S.; prohibiting a court from
31 suspending, deferring, or withholding adjudication of
32 guilt or imposition of sentence for a specified
33 violation; providing an effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Subsection (15) is added to section 316.193,
38 Florida Statutes, to read:
39 316.193 Driving under the influence; penalties.—
40 (15) A trial court judge may not accept a plea of guilty
41 or no contest to a reduced charge, including a charge of
42 reckless driving brought under s. 316.192, from a person charged
43 with a violation of subsection (1) unless at least one of the
44 following applies:
45 (a) The trial court judge determines that there is a good
46 faith basis to believe that a reduction in such charge is
47 warranted.
48 (b) The defendant successfully completes a driving under
49 the influence diversion program in accordance with s. 316.19395.
50 Section 2. Paragraph (a) of subsection (1) of section
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51 316.1932, Florida Statutes, is amended to read:
52 316.1932 Tests for alcohol, chemical substances, or
53 controlled substances; implied consent; refusal.—
54 (1)(a)1.a. A person who accepts the privilege extended by
55 the laws of this state of operating a motor vehicle within this
56 state is, by operating such vehicle, deemed to have given his or
57 her consent to submit to an approved chemical test or physical
58 test including, but not limited to, an infrared light test of
59 his or her breath for the purpose of determining the alcoholic
60 content of his or her blood or breath if the person is lawfully
61 arrested for any offense allegedly committed while the person
62 was driving or was in actual physical control of a motor vehicle
63 while under the influence of alcoholic beverages. The chemical
64 or physical breath test must be incidental to a lawful arrest
65 and administered at the request of a law enforcement officer who
66 has reasonable cause to believe such person was driving or was
67 in actual physical control of the motor vehicle within this
68 state while under the influence of alcoholic beverages. The
69 administration of a breath test does not preclude the
70 administration of another type of test. The person must shall be
71 told that his or her failure to submit to any lawful test of his
72 or her breath will result in the suspension of his or her the
73 person's privilege to operate a motor vehicle as provided in s.
74 322.2615(1)(a) for a period of 1 year for a first refusal, or
75 for a period of 18 months if the driving privilege of such
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76 person has been previously suspended or if he or she has
77 previously been fined under s. 327.35215 as a result of a
78 refusal to submit to a test or tests required under this chapter
79 or chapter 327, and must shall also be told that if he or she
80 refuses to submit to a lawful test of his or her breath and his
81 or her driving privilege has been previously suspended or if he
82 or she has previously been fined under s. 327.35215 for a prior
83 refusal to submit to a lawful test of his or her breath, urine,
84 or blood as required under this chapter or chapter 327, he or
85 she commits a misdemeanor of the second first degree, punishable
86 as provided in s. 775.082 or s. 775.083, or a misdemeanor of the
87 first degree, punishable as provided in s. 775.082 or s.
88 775.083, if his or her driving privilege has been previously
89 suspended or if he or she has previously been fined under s.
90 327.35215 for a prior refusal to submit to a lawful test of his
91 or her breath, urine, or blood as required under this chapter or
92 chapter 327, in addition to any other penalties provided by law.
93 The refusal to submit to a chemical or physical breath test upon
94 the request of a law enforcement officer as provided in this
95 section is admissible into evidence in any criminal proceeding.
96 b. A person who accepts the privilege extended by the laws
97 of this state of operating a motor vehicle within this state is,
98 by operating such vehicle, deemed to have given his or her
99 consent to submit to a urine test for the purpose of detecting
100 the presence of chemical substances as set forth in s. 877.111
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101 or controlled substances if the person is lawfully arrested for
102 any offense allegedly committed while the person was driving or
103 was in actual physical control of a motor vehicle while under
104 the influence of chemical substances or controlled substances.
105 The urine test must be incidental to a lawful arrest and
106 administered at a detention facility or any other facility,
107 mobile or otherwise, which is equipped to administer such tests
108 at the request of a law enforcement officer who has reasonable
109 cause to believe such person was driving or was in actual
110 physical control of a motor vehicle within this state while
111 under the influence of chemical substances or controlled
112 substances. The urine test must shall be administered at a
113 detention facility or any other facility, mobile or otherwise,
114 which is equipped to administer such test in a reasonable manner
115 that will ensure the accuracy of the specimen and maintain the
116 privacy of the individual involved. The administration of a
117 urine test does not preclude the administration of another type
118 of test. The person must shall be told that his or her failure
119 to submit to any lawful test of his or her urine will result in
120 the suspension of his or her the person's privilege to operate a
121 motor vehicle for a period of 1 year for the first refusal, or
122 for a period of 18 months if the driving privilege of such
123 person has been previously suspended or if he or she has
124 previously been fined under s. 327.35215 as a result of a
125 refusal to submit to a test or tests required under this chapter
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126 or chapter 327, and must shall also be told that if he or she
127 refuses to submit to a lawful test of his or her urine and his
128 or her driving privilege has been previously suspended or if he
129 or she has previously been fined under s. 327.35215 for a prior
130 refusal to submit to a lawful test of his or her breath, urine,
131 or blood as required under this chapter or chapter 327, he or
132 she commits a misdemeanor of the second first degree, punishable
133 as provided in s. 775.082 or s. 775.083, or a misdemeanor of the
134 first degree, punishable as provided in s. 775.082 or s.
135 775.083, if his or her driving privilege has been previously
136 suspended or if he or she has previously been fined under s.
137 327.35215 for a prior refusal to submit to a lawful test of his
138 or her breath, urine, or blood as required under this chapter or
139 chapter 327, in addition to any other penalties provided by law.
140 The refusal to submit to a urine test upon the request of a law
141 enforcement officer as provided in this section is admissible
142 into evidence in any criminal proceeding.
143 2. The Alcohol Testing Program within the Department of
144 Law Enforcement is responsible for the regulation of the
145 operation, inspection, and registration of breath test
146 instruments utilized under the driving and boating under the
147 influence provisions and related provisions located in this
148 chapter and chapters 322 and 327. The program is responsible for
149 the regulation of the individuals who operate, inspect, and
150 instruct on the breath test instruments utilized in the driving
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151 and boating under the influence provisions and related
152 provisions located in this chapter and chapters 322 and 327. The
153 program is further responsible for the regulation of blood
154 analysts who conduct blood testing to be utilized under the
155 driving and boating under the influence provisions and related
156 provisions located in this chapter and chapters 322 and 327. The
157 program shall:
158 a. Establish uniform criteria for the issuance of permits
159 to breath test operators, agency inspectors, instructors, blood
160 analysts, and instruments.
161 b. Have the authority to permit breath test operators,
162 agency inspectors, instructors, blood analysts, and instruments.
163 c. Have the authority to discipline and suspend, revoke,
164 or renew the permits of breath test operators, agency
165 inspectors, instructors, blood analysts, and instruments.
166 d. Establish uniform requirements for instruction and
167 curricula for the operation and inspection of approved
168 instruments.
169 e. Have the authority to specify one approved curriculum
170 for the operation and inspection of approved instruments.
171 f. Establish a procedure for the approval of breath test
172 operator and agency inspector classes.
173 g. Have the authority to approve or disapprove breath test
174 instruments and accompanying paraphernalia for use pursuant to
175 the driving and boating under the influence provisions and
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176 related provisions located in this chapter and chapters 322 and
177 327.
178 h. With the approval of the executive director of the
179 Department of Law Enforcement, make and enter into contracts and
180 agreements with other agencies, organizations, associations,
181 corporations, individuals, or federal agencies as are necessary,
182 expedient, or incidental to the performance of duties.
183 i. Issue final orders which include findings of fact and
184 conclusions of law and which constitute final agency action for
185 the purpose of chapter 120.
186 j. Enforce compliance with this section through civil or
187 administrative proceedings.
188 k. Make recommendations concerning any matter within the
189 purview of this section, this chapter, chapter 322, or chapter
190 327.
191 l. Adopt Promulgate rules for the administration and
192 implementation of this section, including definitions of terms.
193 m. Consult and cooperate with other entities for the
194 purpose of implementing the mandates of this section.
195 n. Have the authority to approve the type of blood test
196 utilized under the driving and boating under the influence
197 provisions and related provisions located in this chapter and
198 chapters 322 and 327.
199 o. Have the authority to specify techniques and methods
200 for breath alcohol testing and blood testing utilized under the
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201 driving and boating under the influence provisions and related
202 provisions located in this chapter and chapters 322 and 327.
203 p. Have the authority to approve repair facilities for the
204 approved breath test instruments, including the authority to set
205 criteria for approval.
206
207 Nothing in this section shall be construed to supersede
208 provisions in this chapter and chapters 322 and 327. The
209 specifications in this section are derived from the power and
210 authority previously and currently