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 961 2024
1 A bill to be entitled
2 An act relating to operating vehicles and vessels
3 under the influence; amending s. 316.003, F.S.;
4 defining the term "actual physical control"; amending
5 ss. 316.193 and 327.35, F.S.; revising conditions
6 under which a person commits the offense of driving
7 under the influence or boating under the influence,
8 respectively; providing an affirmative defense;
9 revising criminal penalties; revising a condition that
10 must be met before a person arrested for driving under
11 the influence or boating under the influence,
12 respectively, may be released from custody; defining
13 the term "impairing substance"; authorizing law
14 enforcement witnesses to give certain testimony under
15 certain circumstances; revising conditions that
16 constitute a conviction; requiring the clerk of court
17 to notify the Department of Law Enforcement when such
18 conditions have been met; requiring the department to
19 maintain records; creating a rebuttable presumption;
20 amending s. 316.1939, F.S.; providing that the
21 disposition of an administrative proceeding relating
22 to a specified fine does not affect certain criminal
23 action; revising a rebuttable presumption of suspended
24 driving privileges; amending s. 316.645, F.S.; making
25 technical changes; amending ss. 322.01 and 327.02,
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26 F.S.; defining the term "actual physical control";
27 amending s. 327.359, F.S.; providing that the
28 disposition of any administrative proceeding relating
29 to a specified fine or the suspension of driving
30 privileges does not affect certain criminal action;
31 providing that the disposition of certain criminal
32 action does not affect certain administrative
33 proceedings; creating a rebuttable presumption;
34 amending s. 933.02, F.S.; adding specified grounds for
35 issuance of a search warrant; amending s. 948.15,
36 F.S.; revising probation guidelines for felonies in
37 which certain substances are contributing factors;
38 amending ss. 212.05, 316.1932, 316.1933, 316.303,
39 316.305, 316.306, 316.85, 322.18, 322.34, 322.61,
40 327.391, 327.53, 627.749, and 655.960, F.S.;
41 conforming cross-references; amending s. 921.0022,
42 F.S.; conforming provisions to changes made by the
43 act; providing an effective date.
44
45 Be It Enacted by the Legislature of the State of Florida:
46
47 Section 1. Subsections (1) through (111) of section
48 316.003, Florida Statutes, are renumbered as subsection s (2)
49 through (112), respectively, present subsection (64) is amended,
50 and a new subsection (1) is added to that section, to read:
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51 316.003 Definitions.—The following words and phrases, when
52 used in this chapter, shall have the meanings respectively
53 ascribed to them in this section, except where the context
54 otherwise requires:
55 (1) ACTUAL PHYSICAL CONTROL.—Being physically in or on a
56 motor vehicle and having the capability to operate the vehicle,
57 regardless of whether the vehicle is actually being operated at
58 that time.
59 (65)(64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
60 provided in paragraph (90)(b) (89)(b), any privately owned way
61 or place used for vehicular travel by the owner and those having
62 express or implied permission from the owner, but not b y other
63 persons.
64 Section 2. Paragraphs (c) and (d) of subsection (14) of
65 section 316.193, Florida Statutes, are redesignated as
66 paragraphs (d) and (e), respectively, a new paragraph (c) is
67 added to that subsection, subsection (1), paragraph (c) of
68 subsection (3), and paragraph (a) of subsection (9) are amended,
69 subsections (15) through (19) are added to that section, and
70 subsection (2) of that section is republished, to read:
71 316.193 Driving under the influence; penalties.—
72 (1)(a) A person commits is guilty of the offense of
73 driving under the influence and is subject to punishment as
74 provided in subsection (2) if the person is driving or in actual
75 physical control of a vehicle within this state and:
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76 1.(a) The person is under the influence of alcoholic
77 beverages, any chemical substance set forth in s. 877.111, or
78 any substance controlled under chapter 893, or any other
79 impairing substance, or any combination thereof, when affected
80 to the extent that the person's normal faculties are impaired;
81 2.(b) At the time of driving or while in actual physical
82 control of the vehicle or at any time thereafter, the person has
83 a blood-alcohol level of 0.08 or more grams of alcohol per 100
84 milliliters of blood as a result of consuming alcohol before or
85 during driving; or
86 3.(c) At the time of driving or while in actual physical
87 control of the vehicle or at any time thereafter, the person has
88 a breath-alcohol level of 0.08 or more grams of alcohol per 210
89 liters of breath as a result of consuming alcohol before or
90 during driving; or
91 4. The person has in his or her blood any amount of a
92 chemical substance set forth in s. 877.111 or a substance
93 controlled under chapter 893, or such chemical or controlled
94 substance in any combination with alcohol as a result of
95 consuming alcohol before or during driving.
96 (b) It is an affirmative defense as to the presence of a
97 chemical or controlled substance under subparagraph (a)4. that
98 the person ingested, injected, or inhaled the substance in
99 accordance with a valid prescription issued pursuant to s.
100 893.04 by a practitioner as defined in s. 893.02, or pursuant to
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101 s. 381.986, and in accordance with the practitioner's
102 directions. However, the fact that a person is or was legally
103 entitled to consume alcohol or any other chemical or controlled
104 substance, medication, drug, or other impairing substance is not
105 an affirmative defense to this section.
106 (2)(a) Except as provided in paragraph (b), subsection
107 (3), or subsection (4), any person who is convicted of a
108 violation of subsection (1) shall be punished:
109 1. By a fine of:
110 a. Not less than $500 or more than $1,000 for a first
111 conviction.
112 b. Not less than $1,000 or more than $2,000 for a second
113 conviction; and
114 2. By imprisonment for:
115 a. Not more than 6 months for a first conviction.
116 b. Not more than 9 months for a second conviction.
117 3. For a second conviction, by mandatory placement for a
118 period of at least 1 year, at the convicted person's sole
119 expense, of an ignition interlock device approved by the
120 department in accordance with s. 316.1938 upon all vehicles that
121 are individually or jointly leased or owned and routinely
122 operated by the convicted person, when the convicted person
123 qualifies for a permanent or restricted license.
124
125 The portion of a fine imposed in excess of $500 pursuant to sub-
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126 subparagraph 1.a. and the portion of a fine imposed in excess of
127 $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by
128 the clerk to the Department of Revenue for deposit into the
129 General Revenue Fund.
130 (b)1. Any person who is convicted of a third violation of
131 this section for an offense that occurs within 10 years after a
132 prior conviction for a violation of this section commits a
133 felony of the third degree, punishable as provided in s.
134 775.082, s. 775.083, or s. 775.084. In addition, the court shall
135 order the mandatory placement for a period of not less than 2
136 years, at the convicted person's sole expense, of an ignition
137 interlock device approved by the department in accordance with
138 s. 316.1938 upon all vehicles that are individually or jointly
139 leased or owned and routinely operated by the convicted person,
140 when the convicted person qualifies for a permanent or
141 restricted license.
142 2. Any person who is convicted of a third violation of
143 this section for an offense that occurs more than 10 years after
144 the date of a prior conviction for a violation of this section
145 shall be punished by a fine of not less than $2,000 or more than
146 $5,000 and by imprisonment for not more than 12 months. The
147 portion of a fine imposed in excess of $2,500 pursuant to this
148 subparagraph shall be remitted by the clerk to the Department of
149 Revenue for deposit into the General Revenue Fund. In addition,
150 the court shall order the mandatory placement for a period of at
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151 least 2 years, at the convicted person's sole expense, of an
152 ignition interlock device approved by the department in
153 accordance with s. 316.1938 upon all vehicles that are
154 individually or jointly leased or owned and routinely operated
155 by the convicted person, when the convicted person qualifies for
156 a permanent or restricted license.
157 3. Any person who is convicted of a fourth or subsequent
158 violation of this section, regardless of when any prior
159 conviction for a violation of this section occurred, commits a
160 felony of the third degree, punishable as provided in s.
161 775.082, s. 775.083, or s. 775.084. However, the fine imposed
162 for such fourth or subsequent violation may be not less than
163 $2,000. The portion of a fine imposed in excess of $1,000
164 pursuant to this subparagraph shall be remitted by the clerk to
165 the Department of Revenue for deposit into the General Revenue
166 Fund.
167 (c) In addition to the penalties in paragraph (a), the
168 court may order placement, at the convicted person's sole
169 expense, of an ignition interlock device approved by the
170 department in accordance with s. 316.1938 for at least 6
171 continuous months upon all vehicles that are individually or
172 jointly leased or owned and routinely operated by the convicted
173 person if, at the time of the offense, the person had a blood -
174 alcohol level or breath-alcohol level of .08 or higher.
175 (3) Any person:
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176 (c) Who, by reason of such operation, causes or
177 contributes to causing:
178 1. Damage to the property or person of another commits a
179 misdemeanor of the first degree, punishable as provided in s.
180 775.082 or s. 775.083.
181 2. Serious bodily injury to another, as defined in s.
182 316.1933, commits a felony of the second third degree,
183 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
184 3. The death of any human being or unborn child commits
185 DUI manslaughter, and commits:
186 a. A felony of the first second degree, punishable as
187 provided in s. 775.082, s. 775.083, or s. 775.084.
188 b. A felony of the first degree, punishable as provided in
189 s. 775.082, s. 775.083, or s. 775.084, if:
190 (I) At the time of the crash, the person knew, or should
191 have known, that the crash occurred; and
192 (II) The person failed to give information and render aid
193 as required by s. 316.062.
194
195 For purposes of this subsection, the term "unborn child" has the
196 same meaning as provided in s. 775.021(5). A person who is
197 convicted of DUI manslaughter shall be sentenced to a mandatory
198 minimum term of imprisonment of 4 years.
199 (9) A person who is arrested for a violation of this
200 section may not be released from custody:
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201 (a) Until the person is no longer under the influence of
202 alcoholic beverages, any chemical substance set forth in s.
203 877.111, or any substance controlled under chapter 893, or any
204 other impairing substance, or any combination thereof, and
205 affected to the extent that his or her normal faculties are
206 impaired;
207 (14) As used in this chapter, the term:
208 (c) "Impairing substance" means any substance that, when
209 taken into the human body, can impair, or diminish in some
210 material respect, a person's normal faculties. Such normal
211 faculties include, but are not limited to, the ability to see,
212 hear, walk, talk, gauge distances, drive a motor vehicle, make
213 judgments, act in emergencies, and, in general, perform the many
214 mental and physical acts of daily life.
215 (15) Notwithstanding any other law and for the purposes of
216 prosecutions under thi