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 549 2023
1 A bill to be entitled
2 An act relating to operating vehicles and vessels
3 under the influence; amending ss. 316.193 and 327.35,
4 F.S.; revising conditions under which a person commits
5 the offense of driving under the influence or boating
6 under the influence, respectively; providing an
7 affirmative defense; revising a condition that must be
8 met before a person arrested for driving under the
9 influence or boating under the influence,
10 respectively, may be released from custody; defining
11 the term "impairing substance"; providing
12 construction; amending s. 933.02, F.S.; adding
13 specified grounds for issuance of a search warrant;
14 amending ss. 316.1932 and 316.1933, F.S.; conforming
15 cross-references; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Present paragraphs (c) and (d) of subsection
20 (14) of section 316.193, Florida Statutes, are redesignated as
21 paragraphs (d) and (e), respectively, a new paragraph (c) is
22 added to that subsection, subsections (1) and (9) of that
23 section are amended, and subsection (2) of that section is
24 republished, to read:
25 316.193 Driving under the influence; penalties.—
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26 (1)(a) A person commits is guilty of the offense of
27 driving under the influence and is subject to punishment as
28 provided in subsection (2) if the person is driving or in actual
29 physical control of a vehicle within this state and:
30 1.(a) The person is under the influence of alcoholic
31 beverages, any chemical substance set forth in s. 877.111, or
32 any substance controlled under chapter 893, or any other
33 impairing substance, or any combination thereof, when affected
34 to the extent that the person's normal faculties are impaired;
35 2.(b) The person has a blood-alcohol level of 0.08 or more
36 grams of alcohol per 100 milliliters of blood; or
37 3.(c) The person has a breath-alcohol level of 0.08 or
38 more grams of alcohol per 210 liters of breath; or
39 4. The person has in his or her blood any amount of a
40 chemical substance set forth in s. 877.111 or a substance
41 controlled under chapter 893, or such chemical or controlled
42 substance in any combination with alcohol as a result of
43 consuming alcohol before or during driving.
44 (b) It is an affirmative defense as to the presence of a
45 chemical or controlled substance under subparagraph (a)4. that
46 the person ingested, injected, or inhaled the substance in
47 accordance with a valid prescription issued pursuant to s.
48 893.04 by a practitioner as defined in s. 893.02, or pu rsuant to
49 s. 381.986, and in accordance with the practitioner's
50 directions. However, the fact that a person is or was legally
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51 entitled to consume alcohol or any other chemical or controlled
52 substance, medication, drug, or other impairing substance is not
53 an affirmative defense to this section.
54 (2)(a) Except as provided in paragraph (b), subsection
55 (3), or subsection (4), any person who is convicted of a
56 violation of subsection (1) shall be punished:
57 1. By a fine of:
58 a. Not less than $500 or more than $1,000 for a first
59 conviction.
60 b. Not less than $1,000 or more than $2,000 for a second
61 conviction; and
62 2. By imprisonment for:
63 a. Not more than 6 months for a first conviction.
64 b. Not more than 9 months for a second conviction.
65 3. For a second conviction, by mandatory placement for a
66 period of at least 1 year, at the convicted person's sole
67 expense, of an ignition interlock device approved by the
68 department in accordance with s. 316.1938 upon all vehicles that
69 are individually or jointly leased or owned and routinely
70 operated by the convicted person, when the convicted person
71 qualifies for a permanent or restricted license.
72
73 The portion of a fine imposed in excess of $500 pursuant to sub -
74 subparagraph 1.a. and the portion of a fine imposed in excess of
75 $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by
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76 the clerk to the Department of Revenue for deposit into the
77 General Revenue Fund.
78 (b)1. Any person who is convicted of a third violation of
79 this section for an offense that occurs within 10 years after a
80 prior conviction for a violation of this section commits a
81 felony of the third degree, punishable as provided in s.
82 775.082, s. 775.083, or s. 775.084. In addition, the court shall
83 order the mandatory placement for a period of not less t han 2
84 years, at the convicted person's sole expense, of an ignition
85 interlock device approved by the department in accordance with
86 s. 316.1938 upon all vehicles that are individually or jointly
87 leased or owned and routinely operated by the convicted person,
88 when the convicted person qualifies for a permanent or
89 restricted license.
90 2. Any person who is convicted of a third violation of
91 this section for an offense that occurs more than 10 years after
92 the date of a prior conviction for a violation of this section
93 shall be punished by a fine of not less than $2,000 or more than
94 $5,000 and by imprisonment for not more than 12 months. The
95 portion of a fine imposed in excess of $2,500 pursuant to this
96 subparagraph shall be remitted by the clerk to the Department of
97 Revenue for deposit into the General Revenue Fund. In addition,
98 the court shall order the mandatory placement for a period of at
99 least 2 years, at the convicted person's sole expense, of an
100 ignition interlock device approved by the department in
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101 accordance with s. 316.1938 upon all vehicles that are
102 individually or jointly leased or owned and routinely operated
103 by the convicted person, when the convicted person qualifies for
104 a permanent or restricted license.
105 3. Any person who is convicted of a fourth or subsequent
106 violation of this section, regardless of when any prior
107 conviction for a violation of this section occurred, commits a
108 felony of the third degree, punishable as provided in s.
109 775.082, s. 775.083, or s. 775.084. However, the fine imposed
110 for such fourth or subsequent violation may be not less than
111 $2,000. The portion of a fine imposed in excess of $1,000
112 pursuant to this subparagraph shall be remitted by the clerk to
113 the Department of Revenue for deposit into the General Revenue
114 Fund.
115 (c) In addition to the penalties in paragraph (a), the
116 court may order placement, at the convicted person's sole
117 expense, of an ignition interlock device approved by the
118 department in accordance with s. 316.1938 for at least 6
119 continuous months upon all vehicles that are individually or
120 jointly leased or owned and routinely operated by the convicted
121 person if, at the time of the offense, the person had a blood -
122 alcohol level or breath-alcohol level of .08 or higher.
123 (9) A person who is arrested for a violation of this
124 section may not be released from custody:
125 (a) Until the person is no longer under the influence of
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126 alcoholic beverages, any chemical substance set forth in s.
127 877.111, or any substance controlled under chapter 893, or any
128 other impairing substance, or any combination thereof, and
129 affected to the extent that his or her normal faculties are
130 impaired;
131 (b) Until the person's blood-alcohol level or breath-
132 alcohol level is less than 0.05; or
133 (c) Until 8 hours have elapsed from the time the person
134 was arrested.
135 (14) As used in this chapter, the term:
136 (c) "Impairing substance" means any substance that, when
137 taken into the human body, can impair, or diminish in some
138 material respect, a person's normal faculties. Such normal
139 faculties include, but are not limited to, the ability to see,
140 hear, walk, talk, judge distances, drive a motor vehicle, make
141 judgments, act in emergencies, and, in general, normally perform
142 the many mental and physical acts of daily life.
143 Section 2. Subsections (1) and (8) of section 327.35,
144 Florida Statutes, are amended, subsection (11) is added to that
145 section, and subsection (2) of that section is republished, to
146 read:
147 327.35 Boating under the influence; penalties; "designated
148 drivers."—
149 (1)(a) A person commits is guilty of the offense of
150 boating under the influence and is subject to punishment as
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151 provided in subsection (2) if the person is operating a vessel
152 within this state and:
153 1.(a) The person is under the influence of alcoholic
154 beverages, any chemical substance set forth in s. 877.111, or
155 any substance controlled under chapter 893, or any other
156 impairing substance, or any combination thereof, when affected
157 to the extent that the person's normal faculties are impaired;
158 2.(b) The person has a blood-alcohol level of 0.08 or more
159 grams of alcohol per 100 milliliters of blood; or
160 3.(c) The person has a breath-alcohol level of 0.08 or
161 more grams of alcohol per 210 liters of breath; or
162 4. The person has in his or her blood any amount of a
163 chemical substance set forth in s. 877.111 or a substance
164 controlled under chapter 893, or such chemical or controlled
165 substance in any combination with alcohol as a result of
166 consuming alcohol before or during operating.
167 (b) It is an affirmative defense as to the presence of a
168 chemical or controlled substance under subparagraph (a)4. that
169 the person ingested, injected, or inhaled the substance in
170 accordance with a valid prescription issued pursuant to s.
171 893.04 by a practitioner as defined in s. 893.02, or pursuant to
172 s. 381.986, and in accordance with the practitioner's
173 directions. However, the fact that a person is or was legally
174 entitled to consume alcohol or any other chemical or controlled
175 substance, medication, drug, or other impairing substance is not
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176 an affirmative defense to this section.
177 (2)(a) Except as provided in paragraph (b), subsection
178 (3), or subsection (4), any person who is convicted of a
179 violation of subsection (1) shall be punished:
180 1. By a fine of:
181 a. Not less than $500 or more than $1,000 for a first
182 conviction.
183 b. Not less than $1,000 or more than $2,000 for a second
184 conviction; and
185 2. By imprisonment for:
186 a. Not more than 6 months for a first conviction.
187 b. Not more than 9 months for a second conviction.
188
189 The portion of a fine imposed in excess of $500 pursuant to sub-
190 subparagraph 1.a. and the portion of a fine imposed in excess of
191 $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by
192 the clerk to the Department of Revenue for deposit into the
193 General Revenue Fund.
194 (b)1. Any person who is convicted of a third violation of
195 this section for an offense that occurs within 10 years after a
196 prior conviction for a violation of this section commits a
197 felony of the third degree, punishable as provided in s.
198 775.082, s. 775.083, or s. 775.084.
199 2. Any person who is convicted of a third violation of
200 this section for an offense that occurs more than 10 years after
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201 the date of a prior conviction for a violation of this section
202 shall be punished by a fine of not less than $2,000 or more than
203 $5,000 and by imprisonment for not more than 12 months. The
204 portion of a fine imposed in excess of $2,500 pursuant to this
205 subparagraph shall be remitted by the clerk to the Department of
206 Revenue for deposit into the General Revenue Fund.
207 3. Any person who is convicted of a fourth or subsequent
208 violation of this section, regardless of when any prior
209 conviction for a violation of this section occurred, commits a
210 felony of the third degree, punishable as provided in s.
211 775.082, s. 775.083, or s. 775.084.
212
213 However, the fine imposed for such fourth or subsequent
214 violation may not be less than $2,000. The portion of such fine
215 imposed in excess of $1,000 shall be remitted by the clerk to
216 the Department of Revenue for deposit into the General Revenue
217 Fund.
218 (8) A person who is arrested for a violation of this<