Florida's New DWI Law Proposed in SB 1810
Introduced on January 1, 2012 by Senator Stephen R. Wise, Republican, Senate Bill 1810 proposes changing the Florida's DUI standard to a DWI standard. No companion bill is pending in the Florida House of representatives although this bill has been forwarded to three committees.
If passed it would become law on July 1, 2012.
Florida Senate - 2012 SB 1810
5-00253C-12 20121810__
1 A bill to be entitled
2 An act relating to driving a motor vehicle while
3 impaired; amending s. 316.003, F.S.; defining the
4 terms “drive” and “impair” or “impaired”; amending s.
5 316.193, F.S.; providing that a person commits the
6 offense of driving while impaired and is subject to
7 punishment for such violation if the person is driving
8 a motor vehicle and satisfies the specified criteria
9 relating to the consumption of alcohol, controlled
10 substances, or other impairing substances; providing
11 that a person commits the offense of driving while
12 impaired if the person has in the blood or urine
13 certain controlled substances in specified
14 circumstances; providing that a person is entitled to
15 an affirmative defense to the offense of driving while
16 impaired if the person charged with the offense of
17 driving while impaired introduced a controlled
18 substance into his or her body pursuant to a
19 prescription issued by a licensed health professional
20 who is authorized to prescribe the controlled
21 substance and if the person consumed the controlled
22 substance in accordance with the health professional’s
23 directions; providing that the use of a nonprescribed
24 substance does not constitute an affirmative defense
25 for a person who has a prescription for another
26 substance; providing that alcohol or a legal impairing
27 substance does not constitute a defense against a
28 charge of driving while impaired under certain
29 circumstances; amending ss. 187.201, 261.20, 310.101,
30 316.027, 316.1932, 316.1933, 316.1934, 316.1937,
31 316.1939, 318.143, 318.17, 320.055, 322.12, 322.25,
32 322.26, 322.2615, 320.2616, 322.271, 322.2715, 322.28,
33 322.291, 322.34, 322.61, 322.62, 322.63, 324.023,
34 337.195, 401.281, and 401.445, F.S.; revising
35 provisions to conform to changes made by the act;
36 providing an effective date.
37
38 Be It Enacted by the Legislature of the State of Florida:
39
40 Section 1. Subsections (89) and (90) are added to section
41 316.003, Florida Statutes, to read:
42 316.003 Definitions.—The following words and phrases, when
43 used in this chapter, shall have the meanings respectively
44 ascribed to them in this section, except where the context
45 otherwise requires:
46(89) DRIVE.—To operate or be in actual physical control of
47a vehicle.
48(90) IMPAIR OR IMPAIRED.—To weaken or diminish a person’s
49physical or mental abilities, including, but not limited to, the
50person’s balance, coordination, reflexes, memory, and
51comprehension, and the person’s ability to see, hear, walk,
52 talk, judge distances, act in an emergency, follow directions,
53multitask, and, in general, perform the many mental and physical
54acts of daily life.
55 Section 2. Section 316.193, Florida Statutes, is amended to
56 read:
57 316.193 Driving while impaired under the influence;
58 penalties.—
59 (1) A person commits is guilty of the offense of driving
60while impaired under the influence and is subject to punishment
61 as provided in subsection (2) if the person is driving or in
62 actual physical control of a vehicle anywhere within this state
63 and:
64 (a) The person is impaired by an under the influence of
65 alcoholic beverage beverages, a any chemical substance
66identified set forth in s. 877.111, a or any substance
67 controlled substance as defined in under chapter 893 or the
68Federal Register, any other impairing substance, or a
69combination of these items when affected to the extent that the
70person’s normal faculties are impaired;
71 (b) The person has an alcohol concentration a blood-alcohol
72 level of 0.08 or more grams of alcohol per 100 milliliters of
73 blood or per 210 liters of breath at the time of driving or
74anytime after driving as a result of alcohol consumed before or
75during driving; or
76 (c) The person has in the blood or urine a substance
77identified as a controlled substance as defined in Schedule I of
78chapter 893 or the Federal Register, or one of its metabolites
79or analogs; or a breath-alcohol level of 0.08 or more grams of
80alcohol per 210 liters of breath.
81(d) The person has in the blood or urine a substance
82 identified as a controlled substance in Schedule II, Schedule
83III, or Schedule IV of chapter 893 or the Federal Register, or
84one of its metabolites or analogs.
85 (2)(a) Except as provided in paragraph (b), subsection (3),
86 or subsection (4), a any person who is convicted of a violation
87 of subsection (1) shall be punished:
88 1. By a fine of:
89 a. Not less than $500 or more than $1,000 for a first
90 conviction.
91 b. Not less than $1,000 or more than $2,000 for a second
92 conviction; and
93 2. By imprisonment for:
94 a. Not more than 6 months for a first conviction.
95 b. Not more than 9 months for a second conviction.
96 3. For a second conviction, by mandatory placement for a
97 period of at least 1 year, at the convicted person’s sole
98 expense, of an ignition interlock device approved by the
99 department in accordance with s. 316.1938 upon all vehicles that
100 are individually or jointly leased or owned and routinely
101 operated by the convicted person, when the convicted person
102 qualifies for a permanent or restricted license. The
103 installation of such device may not occur before July 1, 2003.
104 (b)1. A Any person who is convicted of a third violation of
105 this section for an offense that occurs within 10 years after a
106 prior conviction for a violation of this section commits a
107 felony of the third degree, punishable as provided in s.
108 775.082, s. 775.083, or s. 775.084. In addition, the court shall
109 order the mandatory placement for a period of at least not less
110than 2 years, at the convicted person’s sole expense, of an
111 ignition interlock device approved by the department in
112 accordance with s. 316.1938 upon all vehicles that are
113 individually or jointly leased or owned and routinely operated
114 by the convicted person, when the convicted person qualifies for
115 a permanent or restricted license. The installation of such
116 device may not occur before July 1, 2003.
117 2. A Any person who is convicted of a third violation of
118 this section for an offense that occurs more than 10 years after
119 the date of a prior conviction for a violation of this section
120 shall be punished by a fine of not less than $2,000 or more than
121 $5,000 and by imprisonment for not more than 12 months. In
122 addition, the court shall order the mandatory placement for a
123 period of at least 2 years, at the convicted person’s sole
124 expense, of an ignition interlock device approved by the
125 department in accordance with s. 316.1938 upon all vehicles that
126 are individually or jointly leased or owned and routinely
127 operated by the convicted person, when the convicted person
128 qualifies for a permanent or restricted license. The
129 installation of such device may not occur before July 1, 2003.
130 3. A Any person who is convicted of a fourth or subsequent
131 violation of this section, regardless of when any prior
132 conviction for a violation of this section occurred, commits a
133 felony of the third degree, punishable as provided in s.
134 775.082, s. 775.083, or s. 775.084. However, The fine imposed
135 for such fourth or subsequent violation may be not be less than
136 $2,000.
137 (3) A Any person:
138 (a) Who is in violation of subsection (1);
139 (b) Who operates a vehicle; and
140 (c) Who, by reason of such operation, causes or contributes
141 to causing:
142 1. Damage to the property or person of another commits a
143 misdemeanor of the first degree, punishable as provided in s.
144 775.082 or s. 775.083.
145 2. Serious bodily injury to another, as defined in s.
146 316.1933, commits a felony of the third degree, punishable as
147 provided in s. 775.082, s. 775.083, or s. 775.084.
148 3. The death of a any human being or unborn quick child
149 commits DUI manslaughter, and commits:
150 a. A felony of the second degree, punishable as provided in
151 s. 775.082, s. 775.083, or s. 775.084.
152 b. A felony of the first degree, punishable as provided in
153 s. 775.082, s. 775.083, or s. 775.084, if:
154 (I) At the time of the crash, the person knew, or should
155 have known, that the crash occurred; and
156 (II) The person failed to give information and render aid
157 as required by s. 316.062.
158
159 For purposes of this subsection, the definition of the term
160 “unborn quick child” shall be determined in accordance with the
161 definition of viable fetus as set forth in s. 782.071. A person
162 who is convicted of DUI manslaughter shall be sentenced to a
163 mandatory minimum term of imprisonment of 4 years.
164 (4) A Any person who is convicted of a violation of
165 subsection (1) and who has a blood-alcohol level or breath
166 alcohol level of 0.15 or higher, or a any person who is
167 convicted of a violation of subsection (1) and who at the time
168 of the offense was accompanied in the vehicle by a person under
169 the age of 18 years, shall be punished:
170 (a) By a fine of:
171 1. Not less than $1,000 or more than $2,000 for a first
172 conviction.
173 2. Not less than $2,000 or more than $4,000 for a second
174 conviction.
175 3. Not less than $4,000 for a third or subsequent
176 conviction.
177 (b) By imprisonment for:
178 1. Not more than 9 months for a first conviction.
179 2. Not more than 12 months for a second conviction.
180
181 For the purposes of this subsection, only the instant offense is
182 required to be a violation of subsection (1) by a person who has
183 a blood-alcohol level or breath-alcohol level of 0.15 or higher.
184 (c) In addition to the penalties in paragraphs (a) and (b),
185 the court shall order the mandatory placement, at the convicted
186 person’s sole expense, of an ignition interlock device approved
187 by the department in accordance with s. 316.1938 upon all
188 vehicles that are individually or jointly leased or owned and
189 routinely operated by the convicted person for at least not less
190than 6 continuous months for the first offense and for at least
191not less than 2 continuous years for a second offense, when the
192 convicted person qualifies for a permanent or restricted
193 license.
194 (5) The court shall place all offenders convicted of
195 violating this section on monthly reporting probation and shall
196 require completion of a substance abuse course conducted by a
197 DUI program licensed by the department under s. 322.292, which
198 must include a psychosocial evaluation of the offender. If the
199 DUI program refers the offender to an authorized substance abuse
200 treatment provider for substance abuse treatment, in addition to
201 any sentence or fine imposed under this section, completion of
202 all such education, evaluation, and treatment is a condition of
203 reporting probation. The offender shall assume reasonable costs
204 for such education, evaluation, and treatment. The referral to
205 treatment resulting from a psychosocial evaluation may shall not
206 be waived without a supporting independent psychosocial
207 evaluation conducted by an authorized substance abuse treatment
208 provider appointed by the court, which shall have access to the
209 DUI program’s psychosocial evaluation before the independent
210 psychosocial evaluation is conducted. The court shall review the
211 results and recommendations of both evaluations before
212 determining the request for waiver. The offender shall bear the
213 full cost of this procedure. The term “substance abuse” means
214 the abuse of alcohol or any substance named or described in
215 Schedules I through V of s. 893.03. If an offender referred to
216 treatment under this subsection fails to report for or complete
217 such treatment or fails to complete the DUI program substance
218 abuse education course and evaluation, the DUI program shall
219 notify the court and the department of the failure. Upon receipt
220 of the notice, the department shall cancel the offender’s
221 driving privilege, notwithstanding the terms of the court order
222 or any suspension or revocation of the driving privilege. The
223 department may temporarily reinstate the driving privilege on a
224 restricted basis upon verification from the DUI program that the
225 offender is currently participating in treatment and the DUI
226 education course and evaluation requirement has been completed.
227 If the DUI program notifies the department of the second failure
228 to complete treatment, the department shall reinstate the
229 driving privilege only after notice of completion of treatment
230 from the DUI program. The organization that conducts the
231 substance abuse education and evaluation may not provide
232 required substance abuse treatment unless a waiver has been
233 granted to that organization by the department. A waiver may be
234 granted only if the department determines, in accordance with
235 its rules, that the service provider that conducts the substance
236 abuse education and evaluation is the most appropriate service
237 provider and is licensed under chapter 397 or is exempt from
238 such licensure. A statistical referral report shall be submitted
239 quarterly to the department by each organization authorized to
240 provide services under this section.
241 (6) With respect to any person convicted of a violation of
242 subsection (1), regardless of any penalty imposed pursuant to
243 subsection (2), subsection (3), or subsection (4):
244 (a) For the first conviction, the court shall place the
245 defendant on probation for a period not to exceed 1 year and, as
246 a condition of such probation, shall order the defendant to
247 participate in public service or a community work project for a
248 minimum of 50 hours. The court may order a defendant to pay a
249 fine of $10 for each hour of public service or community work
250 otherwise required only if the court finds that the residence or
251 location of the defendant at the time public service or
252 community work is required or the defendant’s employment
253 obligations would create an undue hardship for the defendant.
254 However, the total period of probation and incarceration may not
255 exceed 1 year. The court must also, as a condition of probation,
256 order the impoundment or immobilization of the vehicle that was
257 operated by or in the actual control of the defendant or any one
258 vehicle registered in the defendant’s name at the time of
259 impoundment or immobilization, for a period of 10 days or for
260 the unexpired term of any lease or rental agreement that expires
261 within 10 days. The impoundment or immobilization must not occur
262 concurrently with the incarceration of the defendant. The
263 impoundment or immobilization order may be dismissed in
264 accordance with paragraph (e), paragraph (f), paragraph (g), or
265 paragraph (h).
266 (b) For the second conviction for an offense that occurs
267 within a period of 5 years after the date of a prior conviction
268 for violation of this section, the court shall order
269 imprisonment for at least not less than 10 days. The court must
270 also, as a condition of probation, order the impoundment or
271 immobilization of all vehicles owned by the defendant at the
272 time of impoundment or immobilization, for a period of 30 days
273 or for the unexpired term of any lease or rental agreement that
274 expires within 30 days. The impoundment or immobilization must
275 not occur concurrently with the incarceration of the defendant
276 and must occur concurrently with the driver’s license revocation
277 imposed under s. 322.28(2)(a)2. The impoundment or
278 immobilization order may be dismissed in accordance with
279 paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
280 At least 48 hours of confinement must be consecutive.
281 (c) For the third or subsequent conviction for an offense
282 that occurs within a period of 10 years after the date of a
283 prior conviction for violation of this section, the court shall
284 order imprisonment for at least not less than 30 days. The court
285 must also, as a condition of probation, order the impoundment or
286 immobilization of all vehicles owned by the defendant at the
287 time of impoundment or immobilization, for a period of 90 days
288 or for the unexpired term of any lease or rental agreement that
289 expires within 90 days. The impoundment or immobilization must
290 not occur concurrently with the incarceration of the defendant
291 and must occur concurrently with the driver’s license revocation
292 imposed under s. 322.28(2)(a)3. The impoundment or
293 immobilization order may be dismissed in accordance with
294 paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
295 At least 48 hours of confinement must be consecutive.
296 (d) The court must, at the time of sentencing the
297 defendant, issue an order for the impoundment or immobilization
298 of a vehicle. The order of impoundment or immobilization must
299 include the name and telephone numbers of all immobilization
300 agencies meeting all of the conditions of subsection (13).
301 Within 7 business days after the date that the court issues the
302 order of impoundment or immobilization, the clerk of the court
303 must send notice by certified mail, return receipt requested, to
304 the registered owner of each vehicle, if the registered owner is
305 a person other than the defendant, and to each person of record
306 claiming a lien against the vehicle.
307 (e) A person who owns but was not operating the vehicle
308 when the offense occurred may submit to the court a police
309 report indicating that the vehicle was stolen at the time of the
310 offense or documentation of having purchased the vehicle after
311 the offense was committed from an entity other than the
312 defendant or the defendant’s agent. If the court finds that the
313 vehicle was stolen or that the sale was not made to circumvent
314 the order and to allow the defendant continued access to the
315 vehicle, the order must be dismissed and the owner of the
316 vehicle will incur no costs. If the court denies the request to
317 dismiss the order of impoundment or immobilization, the
318 petitioner may request an evidentiary hearing.
319 (f) A person who owns but was not operating the vehicle
320 when the offense occurred, and whose vehicle was stolen or who
321 purchased the vehicle after the offense was committed directly
322 from the defendant or the defendant’s agent, may request an
323 evidentiary hearing to determine whether the impoundment or
324 immobilization should occur. If the court finds that either the
325 vehicle was stolen or the purchase was made without knowledge of
326 the offense, that the purchaser had no relationship to the
327 defendant other than through the transaction, and that such
328 purchase would not circumvent the order and allow the defendant
329 continued access to the vehicle, the order must be dismissed and
330 the owner of the vehicle will incur no costs.
331 (g) The court shall also dismiss the order of impoundment
332 or immobilization of the vehicle if the court finds that the
333 family of the owner of the vehicle has no other private or
334 public means of transportation.
335 (h) The court may also dismiss the order of impoundment or
336 immobilization of any vehicles that are owned by the defendant
337 but that are operated solely by the employees of the defendant
338 or any business owned by the defendant.
339 (i) All costs and fees for the impoundment or
340 immobilization, including the cost of notification, must be paid
341 by the owner of the vehicle or, if the vehicle is leased or
342 rented, by the person leasing or renting the vehicle, unless the
343 impoundment or immobilization order is dismissed. All provisions
344 of s. 713.78 shall apply. The costs and fees for the impoundment
345 or immobilization must be paid directly to the person impounding
346 or immobilizing the vehicle.
347 (j) The person who owns a vehicle that is impounded or
348 immobilized under this paragraph, or a person who has a lien of
349 record against such a vehicle and who has not requested a review
350 of the impoundment pursuant to paragraph (e), paragraph (f), or
351 paragraph (g), may, within 10 days after the date that person
352 has knowledge of the location of the vehicle, file a complaint
353 in the county in which the owner resides to determine whether
354 the vehicle was wrongfully taken or withheld from the owner or
355 lienholder. Upon the filing of a complaint, the owner or
356 lienholder may have the vehicle released by posting with the
357 court a bond or other adequate security equal to the amount of
358 the costs and fees for impoundment or immobilization, including
359 towing or storage, to ensure the payment of such costs and fees
360 if the owner or lienholder does not prevail. When the bond is
361 posted and the fee is paid as set forth in s. 28.24, the clerk
362 of the court shall issue a certificate releasing the vehicle. At
363 the time of release, after reasonable inspection, the owner or
364 lienholder must give a receipt to the towing or storage company
365 indicating any loss or damage to the vehicle or to the contents
366 of the vehicle.
367 (k) A defendant, in the court’s discretion, may be required
368 to serve all or any portion of a term of imprisonment to which
369 the defendant has been sentenced pursuant to this section in a
370 residential alcoholism treatment program or a residential drug
371 abuse treatment program. Any time spent in such a program must
372 be credited by the court toward the term of imprisonment.
373
374 For the purposes of this section, a any conviction for a
375 violation of s. 327.35; a previous conviction for the violation
376 of former s. 316.1931, former s. 860.01, or former s. 316.028;
377 or a previous conviction outside this state for driving while
378impaired, driving under the influence, driving while
379 intoxicated, driving with an unlawful blood-alcohol level,
380 driving with an unlawful breath-alcohol level, or any other
381 similar alcohol-related or drug-related traffic offense, is also
382 considered a previous conviction for violation of this section.
383 However, in satisfaction of the fine imposed pursuant to this
384 section, the court may, upon a finding that the defendant is
385 financially unable to pay either all or part of the fine, order
386 that the defendant participate for a specified additional period
387of time in public service or a community work project in lieu of
388 payment of that portion of the fine which the court determines
389 the defendant is unable to pay. In determining the such
390 additional sentence, the court shall consider the amount of the
391 unpaid portion of the fine and the reasonable value of the
392 services to be ordered; however, the court may not compute the
393 reasonable value of services at a rate less than the federal
394 minimum wage at the time of sentencing.
395 (7) A conviction under this section does not bar any civil
396 suit for damages against the person so convicted.
397 (8) At the arraignment, or in conjunction with any notice
398 of arraignment provided by the clerk of the court, the clerk
399 shall provide any person charged with a violation of this
400 section with notice that upon conviction the court shall suspend
401 or revoke the offender’s driver’s license and that the offender
402 should make arrangements for transportation at any proceeding in
403 which the court may take such action. Failure to provide such
404 notice does not affect the court’s suspension or revocation of
405 the offender’s driver’s license.
406 (9) A person who is arrested for a violation of this
407 section may not be released from custody:
408 (a) Until the person is no longer impaired by or under the
409 influence of an alcoholic beverage beverages, a any chemical
410 substance identified set forth in s. 877.111, or a any substance
411 controlled under chapter 893 and affected to the extent that he
412 or she is his or her normal faculties are impaired;
413 (b) Until the person’s blood-alcohol level or breath
414 alcohol level is less than 0.05; or
415 (c) Until 8 hours have elapsed from the time the person was
416 arrested.
417 (10) The rulings of the Department of Highway Safety and
418 Motor Vehicles under s. 322.2615 may shall not be considered in
419 any trial for a violation of this section. Testimony or evidence
420 from the administrative proceedings or any written statement
421 submitted by a person in his or her request for administrative
422 review is inadmissible into evidence or for any other purpose in
423 any criminal proceeding, unless timely disclosed in criminal
424 discovery pursuant to Rule 3.220, Florida Rules of Criminal
425 Procedure.
426 (11) The Department of Highway Safety and Motor Vehicles
427shall is directed to adopt rules providing for the
428 implementation of the use of ignition interlock devices.
429 (12) If the records of the Department of Highway Safety and
430 Motor Vehicles show that the defendant has been previously
431 convicted of the offense of driving while impaired or under the
432 influence, that evidence is sufficient by itself to establish
433the that prior conviction for driving while impaired or under
434 the influence. However, such evidence may be contradicted or
435 rebutted by other evidence. This presumption may be considered
436 along with any other evidence presented in deciding whether the
437 defendant has been previously convicted of the offense of
438 driving while impaired or under the influence.
439 (13) If personnel of the circuit court or the sheriff do
440 not immobilize vehicles, only immobilization agencies that meet
441 the conditions of this subsection shall immobilize vehicles in
442 that judicial circuit.
443 (a) The immobilization agency responsible for immobilizing
444 vehicles in that judicial circuit is shall be subject to strict
445 compliance with all of the following conditions and
446 restrictions:
447 1. Any immobilization agency engaged in the business of
448 immobilizing vehicles shall provide to the clerk of the court a
449 signed affidavit attesting that the agency:
450 a. Has verifiable experience in immobilizing vehicles;
451 b. Maintains accurate and complete records of all payments
452 for the immobilization, copies of all documents pertaining to
453 the court’s order of impoundment or immobilization, and any
454 other documents relevant to each immobilization. Such records
455 must be maintained by the immobilization agency for at least 3
456 years; and
457 c. Employs and assigns persons to immobilize vehicles who
458that meet the requirements established in subparagraph 2.
459 2. The person who immobilizes a vehicle must:
460 a. Not have been adjudicated incapacitated under s.
461 744.331, or a similar statute in another state, unless his or
462 her capacity has been judicially restored; not have been
463 involuntarily placed in a treatment facility for the mentally
464 ill under chapter 394, or a similar law in any other state,
465 unless his or her competency has been judicially restored; or
466not have been diagnosed as having an incapacitating mental
467 illness unless a psychologist or psychiatrist licensed in this
468 state certifies that he or she does not currently suffer from
469 the mental illness.
470 b. Not be a chronic and habitual user of alcoholic
471 beverages to the extent that he or she is his or her normal
472 faculties are impaired; not have been committed under chapter
473 397, former chapter 396, or a similar law in any other state;
474 not have been found to be a habitual offender under s.
475 856.011(3), or a similar law in any other state; or not have had
476 any conviction convictions under this section, or a similar law
477 in any other state, within 2 years before the affidavit is
478 submitted.
479 c. Not have been committed for controlled substance abuse
480 or have been found guilty of a crime under chapter 893, or a
481 similar law in any other state, relating to controlled
482 substances in any other state.
483 d. Not have been found guilty of or entered a plea of
484 guilty or nolo contendere to, regardless of adjudication, or
485 been convicted of a felony, unless his or her civil rights have
486 been restored.
487 e. Be a citizen or legal resident alien of the United
488 States or have been granted authorization to seek employment in
489 this country by the United States Bureau of Citizenship and
490 Immigration Services.
491 (b) The immobilization agency shall conduct a state
492 criminal history check through the Florida Department of Law
493 Enforcement to ensure that the person hired to immobilize a
494 vehicle meets the requirements in sub-subparagraph (a)2.d.
495 (c) A person who violates paragraph (a) commits a
496 misdemeanor of the first degree, punishable as provided in s.
497 775.082 or s. 775.083.
498 (14) As used in this chapter, the term:
499 (a) “Immobilization,” “immobilizing,” or “immobilize” means
500 the act of installing a vehicle antitheft device on the steering
501 wheel of a vehicle, the act of placing a tire lock or wheel
502 clamp on a vehicle, or a governmental agency’s act of taking
503 physical possession of the license tag and vehicle registration
504 rendering a vehicle legally inoperable to prevent any person
505 from operating the vehicle pursuant to an order of impoundment
506 or immobilization under subsection (6).
507 (b) “Immobilization agency” or “immobilization agencies”
508 means any person, firm, company, agency, organization,
509 partnership, corporation, association, trust, or other business
510 entity of any kind whatsoever that meets all of the conditions
511 of subsection (13).
512 (c) “Impoundment,” “impounding,” or “impound” means the act
513 of storing a vehicle at a storage facility pursuant to an order
514 of impoundment or immobilization under subsection (6) where the
515 person impounding the vehicle exercises control, supervision,
516 and responsibility over the vehicle.
517 (d) “Person” means any individual, firm, company, agency,
518 organization, partnership, corporation, association, trust, or
519 other business entity of any kind whatsoever.
520(15)(a) If a person who is charged with violating
521subsection (1)(d) introduced into his or her body a controlled
522 substance prescribed by a licensed health professional
523authorized to prescribe the controlled substance and if the
524person consumed the controlled substance in accordance with the
525health professional’s directions, the person is entitled to an
526affirmative defense against any allegation that the person
527violated subsection (1)(d). The introduction of a nonprescribed
528substance into the person’s body does not constitute an
529affirmative defense with respect to any nonprescribed substance.
530(b) Except for paragraph (a), the fact that a person
531charged with violating subsection (1) is or was legally entitled
532 to introduce into the human body alcohol, a chemical substance,
533a controlled substance, a medication, a drug, or any other
534impairing substance does not constitute a defense against any
535charge of violating subsection (1).
536 Section 3. Paragraph (b) of subsection (6) of section
537 187.201, Florida Statutes, is amended to read:
538 187.201 State Comprehensive Plan adopted.—The Legislature
539 hereby adopts as the State Comprehensive Plan the following
540 specific goals and policies:
541 (6) PUBLIC SAFETY.—
542 (b) Policies.—
543 1. Maintain safe and secure prisons and other correctional
544 facilities with the required number of well-trained staff.
545 2. Provide effective alternatives to incarceration for
546 appropriate offenders and encourage victim restitution.
547 3. Make the corrections system as financially cost
548 effective as possible through prison industries and other inmate
549 work programs and through contractual agreements with public and
550 private vendors.
551 4. Continue to monitor educational and vocational training
552 of inmates to increase the likelihood of successful
553 reintegration into the community.
554 5. Provide all inmates with access to adequate health care,
555 including diagnostic and treatment programs for offenders
556 suffering from substance abuse or psychological disorders.
557 6. Provide incentives to attract and retain high-quality
558 law enforcement and correctional officers.
559 7. Emphasize the reduction of serious crime, particularly
560 violent, organized, economic, and drug-related crimes.
561 8. Increase the level of training and technical assistance
562 provided to law enforcement agencies.
563 9. Increase crime prevention efforts to enhance the
564 protection of individual personal safety and property.
565 10. Emphasize and protect the rights of crime victims.
566 11. Continue to implement coordinated and integrated
567 strategies to combat organized crime, economic crime, and drug
568 trafficking.
569 12. Expand the state’s provisions for the protection of
570 witnesses in criminal cases, especially organized crime cases.
571 13. Strengthen the state’s commitment to pursue, both
572 criminally and civilly, those individuals who profit from
573 economic crimes, in a manner that keeps pace with the level and
574 sophistication of these criminal activities.
575 14. Improve the efficiency of law enforcement through the
576 establishment of a close communication and coordination system
577 among agencies and a comprehensive reporting system for such
578 types of criminal activities as forcible felonies and organized,
579 economic, and drug crimes.
580 15. Improve the effectiveness of the delinquent juvenile
581 justice system commitment programs to reduce recidivism of
582 juveniles who would otherwise be recommitted to state
583 supervision.
584 16. Utilize alternative sentencing and dispute resolution
585 when appropriate, particularly in civil disputes and minor
586 criminal violations.
587 17. Increase the state’s commitment to stringent
588 enforcement of laws against drunken or drugged driving.
589 18. Expand public awareness campaigns that will emphasize
590 the dangers of driving while impaired by under the influence of
591 alcohol or drugs.
592 19. Promote efforts to encourage the use of personal safety
593 restraint devices for all persons traveling in motor vehicles.
594 20. Improve the enforcement of and compliance with safe
595 highway speed limits.
596 21. Provide effective and efficient driver licensing
597 systems, including a reliable testing system designed to
598 preclude unqualified drivers from receiving driver’s licenses.
599 22. Require local governments, in cooperation with regional
600 and state agencies, to prepare advance plans for the safe
601 evacuation of coastal residents.
602 23. Require local governments, in cooperation with regional
603 and state agencies, to adopt plans and policies to protect
604 public and private property and human lives from the effects of
605 natural disasters.
606 Section 4. Paragraph (b) of subsection (5) of section
607 261.20, Florida Statutes, is amended to read:
608 261.20 Operations of off-highway vehicles on public lands;
609 restrictions; safety courses; required equipment; prohibited
610 acts; penalties.—
611 (5) It is a violation of this section:
612 (b) To operate an off-highway vehicle while impaired by an
613alcoholic beverage under the influence of alcohol, a controlled
614 substance, or a any prescription or over-the-counter drug that
615 impairs vision or motor condition.
616 Section 5. Paragraph (m) of subsection (1) of section
617 310.101, Florida Statutes, is amended to read:
618 310.101 Grounds for disciplinary action by the board.—
619 (1) Any act of misconduct, inattention to duty, negligence,
620 or incompetence; any willful violation of any law or rule,
621 including the rules of the road, applicable to a licensed state
622 pilot or certificated deputy pilot; or any failure to exercise
623 that care which a reasonable and prudent licensed state pilot or
624 certificated deputy pilot would exercise under the same or
625 similar circumstances may result in disciplinary action.
626 Examples of acts by a licensed state pilot or certificated
627 deputy pilot which constitute grounds for disciplinary action
628 include, but are not limited to:
629 (m) Having a license to operate a motor vehicle revoked,
630 suspended, or otherwise acted against by any jurisdiction,
631 including its agencies or subdivisions, for operating the
632 vehicle while impaired by under the influence of alcohol or
633 drugs. The jurisdiction’s acceptance of a relinquishment of
634 license, stipulation, consent order, plea of nolo contendere,
635 penalty in any form, or other settlement offered in response to
636 or in anticipation of the filing of charges related to the
637 license to operate a motor vehicle shall be construed as action
638 against the license.
639 Section 6. Paragraph (b) of subsection (1) of section
640 316.027, Florida Statutes, is amended to read:
641 316.027 Crash involving death or personal injuries.—
642 (1)
643 (b) The driver of any vehicle involved in a crash occurring
644 on public or private property which that results in the death of
645 any person must immediately stop the vehicle at the scene of the
646 crash, or as close thereto as possible, and must remain at the
647 scene of the crash until he or she has fulfilled the
648 requirements of s. 316.062. A person who is arrested for a
649 violation of this paragraph and who has previously been
650 convicted of a violation of this section, s. 316.061, s.
651 316.191, or s. 316.193, or a felony violation of s. 322.34,
652 shall be held in custody until brought before the court for
653 admittance to bail in accordance with chapter 903. Any person
654 who willfully violates this paragraph commits a felony of the
655 first degree, punishable as provided in s. 775.082, s. 775.083,
656 or s. 775.084. Any person who willfully commits such a violation
657 while driving impaired under the influence as set forth in s.
658 316.193(1) shall be sentenced to a mandatory minimum term of
659 imprisonment of 2 years.
660 Section 7. Section 316.1932, Florida Statutes, is amended
661 to read:
662 316.1932 Tests for alcohol, chemical substances, or
663 controlled substances; implied consent; refusal.—
664 (1)(a)1.a. A Any person who accepts the privilege extended
665 by the laws of this state of operating a motor vehicle within
666 this state is, by so operating such vehicle, deemed to have
667 given his or her consent to submit to an approved chemical test
668 or physical breath test, including, but not limited to, an
669 infrared light test of his or her breath for the purpose of
670 determining the alcoholic content of the his or her blood or
671 breath if the person is lawfully arrested for an any offense
672 allegedly committed while the person was driving or was in
673 actual physical control of a motor vehicle while impaired by an
674under the influence of alcoholic beverage beverages. The
675 chemical or physical breath test must be incidental to a lawful
676 arrest and administered at the request of a law enforcement
677 officer who has reasonable cause to believe that the such person
678 was driving or was in actual physical control of the motor
679 vehicle within this state while impaired by an under the
680influence of alcoholic beverage beverages. The administration of
681the a breath test does not preclude the administration of
682 another type of test. The person shall be told that his or her
683 failure to submit to a any lawful breath test of his or her
684breath will result in the suspension of his or her the person’s
685 privilege to operate a motor vehicle for a period of 1 year for
686 a first refusal, or for a period of 18 months if the driving
687 privilege of such person has been previously suspended as a
688 result of a refusal to submit to a lawful breath, blood, or
689urine test. The person such a test or tests, and shall also be
690 told that if he or she refuses to submit to a lawful breath test
691of his or her breath and if his or her driving privilege has
692 been previously suspended as a result of for a prior refusal to
693 submit to a lawful breath, blood, or urine test of his or her
694breath, urine, or blood, he or she commits a misdemeanor in
695 addition to any other penalty penalties. The refusal to submit
696 to a chemical or physical breath test upon the request of a law
697 enforcement officer as provided in this section is admissible
698 into evidence in any criminal proceeding.
699 b. A Any person who accepts the privilege extended by the
700 laws of this state of operating a motor vehicle within this
701 state is, by so operating such vehicle, deemed to have given his
702 or her consent to submit to a urine test for the purpose of
703 detecting the presence of a chemical substance substances as set
704 forth in s. 877.111 or a controlled substance substances if the
705 person is lawfully arrested for an any offense allegedly
706 committed while the person was driving or was in actual physical
707 control of a motor vehicle while impaired by a under the
708influence of chemical substances or controlled substance
709substances. The urine test must be incidental to a lawful arrest
710 and administered at a detention facility or any other facility,
711 mobile or otherwise, which is equipped to administer such test
712 tests at the request of a law enforcement officer who has
713 reasonable cause to believe that the such person was driving or
714 was in actual physical control of a motor vehicle within this
715 state while impaired by a under the influence of chemical
716substances or controlled substance substances. The urine test
717 shall be administered at a detention facility or any other
718facility, mobile or otherwise, which is equipped to administer
719such test in a reasonable manner that will ensure the accuracy
720 of the specimen and maintain the privacy of the person
721individual involved. The administration of the a urine test does
722 not preclude the administration of another type of test. The
723 person shall be told that his or her failure to submit to a any
724 lawful urine test of his or her urine will result in the
725 suspension of his or her the person’s privilege to operate a
726 motor vehicle for a period of 1 year for the first refusal, or
727 for a period of 18 months if the driving privilege of such
728person has been previously suspended as a result of a refusal to
729 submit to a lawful breath, blood, or urine test. The person such
730a test or tests, and shall also be told that if he or she
731 refuses to submit to a lawful urine test of his or her urine and
732 if his or her driving privilege has been previously suspended as
733a result of for a prior refusal to submit to a lawful breath,
734blood, or urine test of his or her breath, urine, or blood, he
735 or she commits a misdemeanor in addition to any other penalty
736penalties. The refusal to submit to a urine test upon the
737 request of a law enforcement officer as provided in this section
738 is admissible into evidence in any criminal proceeding.
739 2. The Alcohol Testing Program within the Department of Law
740 Enforcement is responsible for the regulation of the operation,
741 inspection, and registration of breath test instruments that are
742 used utilized under the provisions of driving and boating while
743impaired under the influence provisions and under related
744 provisions located in this chapter and chapters 322 and 327. The
745 program is responsible for the regulation of the individuals who
746 operate, inspect, and instruct on the breath test instruments
747that are used under the provisions of utilized in the driving
748 and boating while impaired under the influence provisions and
749under related provisions located in this chapter and chapters
750 322 and 327. The program is further responsible for the
751 regulation of blood analysts who conduct blood testing that is
752 used to be utilized under the provisions of driving and boating
753 under the influence provisions and under related provisions
754located in this chapter and chapters 322 and 327. The program
755 shall:
756 a. Establish uniform criteria for the issuance of permits
757 to breath test operators, agency inspectors, instructors, blood
758 analysts, and instruments.
759 b. Have the authority to issue permits to permit breath
760 test operators, agency inspectors, instructors, blood analysts,
761 and instruments.
762 c. Have the authority to discipline and suspend, revoke, or
763 renew the permits of breath test operators, agency inspectors,
764 instructors, blood analysts, and instruments.
765 d. Establish uniform requirements for instruction and
766 curricula for the operation and inspection of approved
767 instruments.
768 e. Have the authority to specify one approved curriculum
769 for the operation and inspection of approved instruments.
770 f. Establish a procedure for the approval of breath test
771 operator and agency inspector classes.
772 g. Have the authority to approve or disapprove breath test
773 instruments and accompanying paraphernalia for use pursuant to
774 the provisions of driving and boating while impaired under the
775influence provisions and related provisions located in this
776 chapter and chapters 322 and 327.
777 h. With the approval of the executive director of the
778 Department of Law Enforcement, make and enter into contracts and
779 agreements with other agencies, organizations, associations,
780 corporations, individuals, or federal agencies as are necessary,
781 expedient, or incidental to the performance of duties.
782 i. Issue final orders that which include findings of fact
783 and conclusions of law and that which constitute final agency
784 action for the purpose of chapter 120.
785 j. Enforce compliance with the provisions of this section
786 through civil or administrative proceedings.
787 k. Make recommendations concerning any matter within the
788 purview of this section, this chapter, chapter 322, or chapter
789 327.
790 l. Promulgate rules for the administration and
791 implementation of this section, including definitions of terms.
792 m. Consult and cooperate with other entities for the
793 purpose of implementing the mandates of this section.
794 n. Have the authority to approve the type of blood test to
795be used under the provisions of utilized under the driving and
796 boating while impaired under the influence provisions and under
797 related provisions located in this chapter and chapters 322 and
798 327.
799 o. Have the authority to specify techniques and methods for
800 breath alcohol testing and blood testing to be used under the
801provisions of utilized under the driving and boating while
802 impaired under the influence provisions and under related
803 provisions located in this chapter and chapters 322 and 327.
804 p. Have the authority to approve repair facilities for the
805 approved breath test instruments, including the authority to set
806 criteria for approval.
807
808Nothing in This section does not shall be construed to supersede
809 provisions in this chapter and chapters 322 and 327. The
810 specifications in this section are derived from the power and
811 authority previously and currently possessed by the Department
812 of Law Enforcement and are enumerated to conform with the
813 mandates of chapter 99-379, Laws of Florida.
814 (b)1. The blood-alcohol level must be based upon grams of
815 alcohol per 100 milliliters of blood. The breath-alcohol level
816 must be based upon grams of alcohol per 210 liters of breath.
817 2. An analysis of a person’s breath, in order to be
818 considered valid under this section, must have been performed
819 substantially according to methods approved by the Department of
820 Law Enforcement. For this purpose, the department may approve
821 satisfactory techniques or methods. Any insubstantial difference
822 differences between approved techniques and actual testing
823 procedures in any individual case does do not render the test or
824 test results invalid.
825 (c) A Any person who accepts the privilege extended by the
826 laws of this state of operating a motor vehicle within this
827 state is, by operating such vehicle, deemed to have given his or
828her consent to submit to an approved blood test for the purpose
829 of determining the alcoholic content of the blood or a blood
830 test for the purpose of determining the presence of a chemical
831substances or controlled substance substances as provided in
832 this section if there is reasonable cause to believe that the
833 person was driving or was in actual physical control of a motor
834 vehicle while impaired by an under the influence of alcoholic
835beverage beverages or a chemical or controlled substance
836substances and if the person appears for treatment at a
837 hospital, clinic, or other medical facility and the
838 administration of a breath or urine test is impractical or
839 impossible. As used in this paragraph, the term “other medical
840 facility” includes an ambulance or other medical emergency
841 vehicle. The blood test shall be performed in a reasonable
842 manner. A Any person who is incapable of refusal by reason of
843 unconsciousness or other mental or physical condition is deemed
844 not to have withdrawn his or her consent to such test. A blood
845 test may be administered whether or not the person is told that
846his or her failure to submit to such a lawful blood test will
847 result in the suspension of his or her the person’s privilege to
848 operate a motor vehicle upon the public highways of this state
849 and that a refusal to submit to a lawful blood test is a
850misdemeanor of his or her blood, if his or her driving privilege
851 has been previously suspended as a result of a for refusal to
852 submit to a lawful breath, blood, or urine test of his or her
853breath, urine, or blood, is a misdemeanor. A Any person who is
854 capable of refusal shall be told that his or her failure to
855 submit to such a lawful blood test will result in the suspension
856 of his or her the person’s privilege to operate a motor vehicle
857 for a period of 1 year for a first refusal, or for a period of
858 18 months if the driving privilege of the person has been
859 suspended previously as a result of a refusal to submit to a
860lawful breath, blood, or urine test, such a test or tests, and
861 that a refusal to submit to a lawful blood test is a misdemeanor
862 of his or her blood, if the his or her driving privilege has
863 been previously suspended as a result of for a prior refusal to
864 submit to a lawful breath, blood, or urine test of his or her
865breath, urine, or blood, is a misdemeanor. The refusal to submit
866 to a blood test upon the request of a law enforcement officer is
867 admissible in evidence in any criminal proceeding.
868 (d) If the arresting officer does not request a chemical or
869 physical breath test of the person arrested for an any offense
870 allegedly committed while the person was driving or was in
871 actual physical control of a motor vehicle while impaired by an
872 under the influence of alcoholic beverage beverages or a
873chemical or controlled substance substances, the such person may
874 request the arresting officer to have a chemical or physical
875breath test made of the arrested person person’s breath or a
876urine or blood test of the urine or blood for the purpose of
877 determining the alcoholic content of his or her the person’s
878 blood or breath or the presence of a chemical substances or
879 controlled substance. substances; and, If so requested, the
880 arresting officer shall have the test performed.
881 (e)1. By applying for a driver’s license and by accepting
882 and using a driver’s license, the person holding the driver’s
883 license is deemed to have given expressed his or her consent to
884 the provisions of this section.
885 2. A nonresident or any other person driving in a status
886 exempt from the requirements of the driver’s license law, by the
887his or her act of driving in such exempt status, is deemed to
888 have given expressed his or her consent to the provisions of
889 this section.
890 3. A warning of the consent provision of this section shall
891 be printed on each new or renewed driver’s license.
892 (f)1. The tests determining the weight of alcohol in a
893person’s the defendant’s blood or breath shall be administered
894 at the request of a law enforcement officer substantially in
895 accordance with rules of the Department of Law Enforcement. Such
896 rules must specify precisely the test or tests that are approved
897 by the Department of Law Enforcement for reliability of result
898 and ease of administration, and must provide an approved method
899 of administration which must be followed in all such tests given
900 under this section. However, the failure of a law enforcement
901 officer to request the withdrawal of blood does not affect the
902 admissibility of a test of blood withdrawn for medical purposes.
903 2.a. Only a physician, certified paramedic, registered
904 nurse, licensed practical nurse, other personnel authorized by a
905 hospital to draw blood, or duly licensed clinical laboratory
906 director, supervisor, technologist, or technician, acting at the
907 request of a law enforcement officer, may withdraw blood for the
908 purpose of determining its alcoholic content or the presence of
909a chemical substances or controlled substance substances
910 therein. However, the failure of a law enforcement officer to
911 request the withdrawal of blood does not affect the
912 admissibility of a test of blood withdrawn for medical purposes.
913 b. Notwithstanding any provision of law pertaining to the
914 confidentiality of hospital records or other medical records, if
915 a health care provider, who is providing medical care in a
916 health care facility to a person injured in a motor vehicle
917 crash, becomes aware, as a result of a any blood test performed
918 in the course of that medical treatment, that the person’s
919 blood-alcohol level meets or exceeds the blood-alcohol level
920 specified in s. 316.193(1)(b), the health care provider may
921 notify a any law enforcement officer or law enforcement agency.
922 Any such notice must be given within a reasonable time after the
923 health care provider receives the test result. Any such notice
924 shall be used only for the purpose of providing the law
925 enforcement officer with reasonable cause to request the
926 withdrawal of a blood sample pursuant to this section.
927 c. The notice shall consist only of the name of the person
928 being treated, the name of the person who drew the blood, the
929 blood-alcohol level indicated by the test, and the date and time
930 of the administration of the test.
931 d. Section Nothing contained in s. 395.3025(4), s. 456.057,
932 or any applicable practice act does not affect affects the
933 authority to provide notice under this section, and the health
934 care provider is not considered to have breached any duty owed
935 to the person under s. 395.3025(4), s. 456.057, or any
936 applicable practice act by providing notice or failing to
937 provide notice. It is not deemed shall not be a breach of any
938 ethical, moral, or legal duty for a health care provider to
939 provide notice or fail to provide notice.
940 e. A civil, criminal, or administrative action may not be
941 brought against a any person or health care provider
942 participating in good faith in the provision of notice or
943failing failure to provide notice as provided in this section. A
944Any person or health care provider participating in the
945 provision of notice or failing failure to provide notice as
946 provided in this section is shall be immune from any civil or
947 criminal liability and from any professional disciplinary action
948 with respect to the provision of notice or failure to provide
949 notice under this section. Any such participant has the same
950 immunity with respect to participating in any judicial
951 proceedings resulting from the notice or failure to provide
952 notice.
953 3. The person tested may, at his or her own expense, have a
954 physician, registered nurse, other personnel authorized by a
955 hospital to draw blood, or duly licensed clinical laboratory
956 director, supervisor, technologist, or technician, or other
957 person of his or her own choosing administer an independent test
958 in addition to the test administered at the direction of the law
959 enforcement officer for the purpose of determining the amount of
960 alcohol in the person’s blood or breath or the presence of a
961 chemical substances or controlled substance substances at the
962 time alleged, as shown by chemical analysis of his or her blood
963 or urine, or by chemical or physical test of his or her breath.
964 The failure or inability to obtain an independent test by a
965 person does not preclude the admissibility in evidence of the
966 test taken at the direction of the law enforcement officer. The
967 law enforcement officer may shall not interfere with the
968 person’s opportunity to obtain the independent test and shall
969 provide the person with timely telephone access to secure the
970 test, but the burden is on the person to arrange and secure the
971 test at his or her the person’s own expense.
972 4. Upon the request of the person tested, full information
973 concerning the results of the test taken at the direction of the
974 law enforcement officer shall be made available to the person or
975 his or her attorney. Full information is limited to the
976 following:
977 a. The type of test administered and the procedures
978 followed.
979 b. The time of the collection of the blood or breath sample
980 analyzed.
981 c. The numerical results of the test indicating the alcohol
982 content of the blood and breath.
983 d. The type and status of any permit issued by the
984 Department of Law Enforcement which was held by the person who
985 performed the test.
986 e. If the test was administered by means of a breath
987 testing instrument, the date of performance of the most recent
988 required inspection of the such instrument.
989
990 Full information does not include manuals, schematics, or
991 software of the instrument used to test the person or any other
992 material that is not in the actual possession of the state.
993 Additionally, full information does not include information in
994 the possession of the manufacturer of the test instrument.
995 5. A hospital, clinical laboratory, medical clinic, or
996 similar medical institution or physician, certified paramedic,
997 registered nurse, licensed practical nurse, other personnel
998 authorized by a hospital to draw blood, or duly licensed
999 clinical laboratory director, supervisor, technologist, or
1000 technician, or other person assisting a law enforcement officer
1001 does not incur any civil or criminal liability as a result of
1002 the withdrawal or analysis of a blood or urine specimen, or the
1003 chemical or physical test of a person’s breath pursuant to
1004 accepted medical standards when requested by a law enforcement
1005 officer, regardless of whether or not the subject resisted the
1006 administration of the test.
1007 (2) The results of a any test administered pursuant to this
1008 section for the purpose of detecting the presence of a any
1009 controlled substance are shall not be admissible as evidence in
1010 a criminal prosecution for the possession of a controlled
1011 substance.
1012 (3) Notwithstanding any provision of law pertaining to the
1013 confidentiality of hospital records or other medical records,
1014 information relating to the alcoholic content of the blood or
1015 breath or the presence of a chemical substances or controlled
1016substance substances in the blood obtained pursuant to this
1017 section shall be released to a court, prosecuting attorney,
1018 defense attorney, or law enforcement officer in connection with
1019 an alleged violation of s. 316.193 upon request for such
1020 information.
1021 Section 8. Paragraph (a) of subsection (1) of section
1022 316.1933, Florida Statutes, is amended to read:
1023 316.1933 Blood test for impairment or intoxication in cases
1024 of death or serious bodily injury; right to use reasonable
1025 force.—
1026 (1)(a) If a law enforcement officer has probable cause to
1027 believe that a motor vehicle driven by or in the actual physical
1028 control of a person who is impaired by an under the influence of
1029 alcoholic beverage beverages, a any chemical substance
1030substances, or a any controlled substance substances has caused
1031 the death or serious bodily injury of a human being, the a law
1032 enforcement officer shall require the person driving or in
1033 actual physical control of the motor vehicle to submit to a
1034blood test of the person’s blood for the purpose of determining
1035 the alcoholic content thereof or the presence of a chemical
1036substance substances as set forth in s. 877.111 or a any
1037 substance controlled under chapter 893. The law enforcement
1038 officer may use reasonable force if necessary to require such
1039 person to submit to the administration of the blood test. The
1040 blood test shall be performed in a reasonable manner.
1041 Notwithstanding s. 316.1932, the testing required by this
1042 paragraph need not be incidental to a lawful arrest of the
1043 person.
1044 Section 9. Subsections (1) and (2) of section 316.1934,
1045 Florida Statutes, are amended to read:
1046 316.1934 Presumption of impairment; testing methods.—
1047 (1) It is unlawful and punishable as provided in chapter
1048 322 and in s. 316.193 for a any person who is impaired by or
1049 under the influence of an alcoholic beverage beverages or a
1050 controlled substance substances, when affected to the extent
1051 that the person is person’s normal faculties are impaired or to
1052 the extent that the person is deprived of his or her abilities
1053full possession of normal faculties, to drive or be in actual
1054 physical control of a any motor vehicle within this state. Such
1055abilities normal faculties include, but are not limited to, the
1056 ability to see, hear, walk, talk, judge distances, drive an
1057 automobile, make judgments, act in emergencies, and, in general,
1058 normally perform the many mental and physical acts of daily
1059 life.
1060 (2) At the trial of any civil or criminal action or
1061 proceeding arising out of an act acts alleged to have been
1062 committed by a any person while driving, or being in actual
1063 physical control of, a vehicle while impaired by or under the
1064 influence of an alcoholic beverage beverages or a controlled
1065substance substances, when affected to the extent that the
1066 person’s abilities normal faculties were impaired or to the
1067 extent that he or she was deprived of full possession of his or
1068 her abilities normal faculties, the results of any test
1069 administered in accordance with s. 316.1932 or s. 316.1933 and
1070 this section are admissible into evidence when otherwise
1071 admissible, and the amount of alcohol in the person’s blood or
1072 breath at the time alleged, as shown by chemical analysis of the
1073person’s blood, or by chemical or physical test of the person’s
1074 breath, gives rise to the following presumptions:
1075 (a) If the there was at that time a blood-alcohol level or
1076 breath-alcohol level was of 0.05 or less, it is presumed that
1077 the person was not impaired by under the influence of an
1078 alcoholic beverage beverages to the extent that his or her
1079abilities normal faculties were impaired.
1080 (b) If the there was at that time a blood-alcohol level or
1081 breath-alcohol level was in excess of 0.05 but less than 0.08,
1082 that fact does not give rise to any presumption that the person
1083 was or was not impaired by under the influence of an alcoholic
1084beverage beverages to the extent that his or her abilities
1085normal faculties were impaired but may be considered with other
1086 competent evidence in determining whether the person was
1087impaired by an under the influence of alcoholic beverage
1088beverages to the extent that his or her abilities normal
1089faculties were impaired.
1090 (c) If the there was at that time a blood-alcohol level or
1091 breath-alcohol level was of 0.08 or higher, that fact is prima
1092 facie evidence that the person was impaired by an under the
1093influence of alcoholic beverage beverages to the extent that his
1094 or her abilities normal faculties were impaired. Moreover, a
1095such person who has a blood-alcohol level or breath-alcohol
1096 level of 0.08 or higher commits the offense is guilty of
1097 driving, or being in actual physical control of, a motor
1098 vehicle, with an unlawful blood-alcohol level or breath-alcohol
1099 level.
1100
1101 The presumptions provided in this subsection do not limit the
1102 introduction of any other competent evidence bearing upon the
1103 question of whether the person was impaired by an under the
1104influence of alcoholic beverage beverages to the extent that his
1105 or her abilities normal faculties were impaired.
1106 Section 10. Subsection (1) of section 316.1937, Florida
1107 Statutes, is amended to read:
1108 316.1937 Ignition interlock devices, requiring; unlawful
1109 acts.—
1110 (1) In addition to any other authorized penalty penalties,
1111 the court may require that a any person who is convicted of
1112 driving while impaired under the influence in violation of s.
1113 316.193 may shall not operate a motor vehicle unless the that
1114 vehicle is equipped with a functioning ignition interlock device
1115 certified by the department as provided in s. 316.1938, and
1116 installed in such a manner that the vehicle will not start if
1117 the operator’s blood-alcohol blood alcohol level is in excess of
1118 0.05 percent or as otherwise specified by the court. The court
1119 may require the use of an approved ignition interlock device for
1120 a period of at least not less than 6 continuous months, if the
1121 person is permitted to operate a motor vehicle, whether or not
1122 the privilege to operate a motor vehicle is restricted, as
1123 determined by the court. The court, however, shall order
1124 placement of an ignition interlock device in those circumstances
1125 required by s. 316.193.
1126 Section 11. Subsection (1) of section 316.1939, Florida
1127 Statutes, is amended to read:
1128 316.1939 Refusal to submit to testing; penalties.—
1129 (1) A Any person who has refused to submit to a chemical or
1130 physical test of his or her breath, blood, or urine, as
1131 described in s. 316.1932, and whose driving privilege was
1132 previously suspended for a prior refusal to submit to a lawful
1133breath, blood, or urine test of his or her breath, urine, or
1134blood, and:
1135 (a) Who the arresting law enforcement officer had probable
1136 cause to believe was driving or was in actual physical control
1137 of a motor vehicle in this state while impaired by an under the
1138influence of alcoholic beverage beverages, chemical substance
1139substances, or controlled substance substances;
1140 (b) Who was placed under lawful arrest for a violation of
1141 s. 316.193 unless such test was requested pursuant to s.
1142 316.1932(1)(c);
1143 (c) Who was informed that, if he or she refused to submit
1144 to such test, his or her privilege to operate a motor vehicle
1145 would be suspended for a period of 1 year or, in the case of a
1146 second or subsequent refusal, for a period of 18 months;
1147 (d) Who was informed that a refusal to submit to a lawful
1148breath, blood, or urine test of his or her breath, urine, or
1149blood, if his or her driving privilege has been previously
1150 suspended for a prior refusal to submit to a lawful breath,
1151blood, or urine test of his or her breath, urine, or blood, is a
1152 misdemeanor; and
1153 (e) Who, after having been so informed, refused to submit
1154 to any such test when requested to do so by a law enforcement
1155 officer or correctional officer
1156
1157 commits a misdemeanor of the first degree and is subject to
1158 punishment as provided in s. 775.082 or s. 775.083.
1159 Section 12. Subsection (5) of section 318.143, Florida
1160 Statutes, is amended to read:
1161 318.143 Sanctions for infractions by minors.—
1162 (5) A minor who is arrested for a violation of s. 316.193
1163 may be released from custody as soon as:
1164 (a) The minor is no longer impaired by an under the
1165influence of alcoholic beverage beverages, a of any chemical
1166 substance set forth in s. 877.111, or a of any substance
1167 controlled under chapter 893, and is not affected to the extent
1168 that his or her abilities normal faculties are impaired;
1169 (b) The minor’s blood-alcohol level is less than 0.05
1170 percent; or
1171 (c) Six hours have elapsed after the minor’s arrest.
1172 Section 13. Section 318.17, Florida Statutes, is amended to
1173 read:
1174 318.17 Offenses excepted.—The provisions No provision of
1175 this chapter are not is available to a person who is charged
1176 with any of the following offenses:
1177 (1) Fleeing or attempting to elude a police officer, in
1178 violation of s. 316.1935;
1179 (2) Leaving the scene of a crash, in violation of ss.
1180 316.027 and 316.061;
1181 (3) Driving, or being in actual physical control of, a any
1182 vehicle while impaired by an under the influence of alcoholic
1183beverage beverages, a any chemical substance set forth in s.
1184 877.111, or a any substance controlled under chapter 893, in
1185 violation of s. 316.193, or driving with an unlawful blood
1186 alcohol level;
1187 (4) Reckless driving, in violation of s. 316.192;
1188 (5) Making a false crash report reports, in violation of s.
1189 316.067;
1190 (6) Willfully failing or refusing to comply with a any
1191 lawful order or direction of a any police officer or member of
1192 the fire department, in violation of s. 316.072(3);
1193 (7) Obstructing an officer, in violation of s. 316.545(1);
1194 or
1195 (8) Any other offense in chapter 316 which is classified as
1196 a criminal violation.
1197 Section 14. Paragraph (c) of subsection (1) of section
1198 320.055, Florida Statutes, is amended to read:
1199 320.055 Registration periods; renewal periods.—The
1200 following registration periods and renewal periods are
1201 established:
1202 (1)
1203 (c) Notwithstanding the requirements of paragraph (a), the
1204 owner of a motor vehicle subject to paragraph (a) who has had
1205 his or her driver’s license suspended pursuant to a violation of
1206 s. 316.193 or pursuant to s. 322.26(2) for driving while
1207impaired under the influence must obtain a 6-month registration
1208 as a condition of reinstating the license, subject to renewal
1209 during the 3-year period that financial responsibility
1210 requirements apply. The registration period begins the first day
1211 of the birth month of the owner and ends the last day of the
1212 fifth month immediately following the owner’s birth month. For
1213 such vehicles, the department shall issue a vehicle registration
1214 certificate that is valid for 6 months and shall issue a
1215 validation sticker that displays an expiration date of 6 months
1216 after the date of issuance. The license tax required by s.
1217 320.08 and all other applicable license taxes are shall be one
1218 half of the amount otherwise required, except the service charge
1219 required by s. 320.04 shall be paid in full for each 6-month
1220 registration. A vehicle required to be registered under this
1221 paragraph is not eligible for the extended registration period
1222 under paragraph (b).
1223 Section 15. Subsections (3) and (4) of section 322.12,
1224 Florida Statutes, are amended to read:
1225 322.12 Examination of applicants.—
1226 (3) For an applicant for a Class E driver’s license, the
1227such examination must shall include a test of the applicant’s
1228 eyesight given by the driver’s license examiner designated by
1229 the department or by a licensed ophthalmologist, optometrist, or
1230 physician and a test of the applicant’s hearing given by a
1231 driver’s license examiner or a licensed physician. The
1232 examination must shall also include a test of the applicant’s
1233 ability to read and understand highway signs regulating,
1234 warning, and directing traffic; his or her knowledge of the
1235 traffic laws of this state, including laws regulating driving
1236while impaired by under the influence of alcohol or a controlled
1237substance substances, driving with an unlawful blood-alcohol
1238 level, and driving while intoxicated; and his or her knowledge
1239 of the effects of alcohol and controlled substances upon persons
1240 and the dangers of driving a motor vehicle while impaired by
1241under the influence of alcohol or a controlled substance
1242 substances and must shall include an actual demonstration of the
1243applicant’s ability to exercise ordinary and reasonable control
1244 in the operation of a motor vehicle.
1245 (4) The examination for an applicant for a commercial
1246 driver’s license must shall include a test of the applicant’s
1247 eyesight given by a driver’s license examiner designated by the
1248 department or by a licensed ophthalmologist, optometrist, or
1249 physician and a test of the applicant’s hearing given by a
1250 driver’s license examiner or a licensed physician. The
1251 examination must shall also include a test of the applicant’s
1252 ability to read and understand highway signs regulating,
1253 warning, and directing traffic; his or her knowledge of the
1254 traffic laws of this state pertaining to the class of motor
1255 vehicle which he or she is applying to be licensed to operate,
1256 including laws regulating driving while impaired by under the
1257influence of alcohol or a controlled substance substances,
1258 driving with an unlawful blood-alcohol level, and driving while
1259 intoxicated; his or her knowledge of the effects of alcohol and
1260 controlled substances and the dangers of driving a motor vehicle
1261 after having consumed alcohol or a controlled substance
1262 substances; and his or her knowledge of any special skills,
1263 requirements, or precautions necessary for the safe operation of
1264 the class of vehicle which he or she is applying to be licensed
1265 to operate. In addition, the examination must shall include an
1266 actual demonstration of the applicant’s ability to exercise
1267 ordinary and reasonable control in the safe operation of a motor
1268 vehicle or combination of vehicles of the type covered by the
1269 license classification which the applicant is seeking, including
1270 an examination of the applicant’s ability to perform an
1271 inspection of his or her vehicle.
1272 (a) The portion of the examination which tests an
1273 applicant’s safe driving ability shall be administered by the
1274 department or by an entity authorized by the department to
1275 administer such examination, pursuant to s. 322.56. Such
1276 examination shall be administered at a location approved by the
1277 department.
1278 (b) A person who seeks to retain a hazardous-materials
1279 endorsement must, upon renewal, pass the test for such
1280 endorsement as specified in s. 322.57(1)(d), if the person has
1281 not taken and passed the hazardous-materials test within 2 years
1282 preceding his or her application for a commercial driver’s
1283 license in this state.
1284 Section 16. Subsections (5) and (7) of section 322.25,
1285 Florida Statutes, are amended to read:
1286 322.25 When court to forward license to department and
1287 report convictions; temporary reinstatement of driving
1288 privileges.—
1289 (5) For the purpose of this chapter, the entrance of a plea
1290 of nolo contendere by the defendant to a charge of driving while
1291 intoxicated, driving while impaired under the influence, driving
1292 with an unlawful blood-alcohol level, or any other alcohol
1293 related or drug-related traffic offense similar to the offenses
1294 specified in s. 316.193, accepted by the court and under which
1295 plea the court has entered a fine or sentence, whether in this
1296 state or any other state or country, shall be equivalent to a
1297 conviction.
1298 (7) Any licensed driver convicted of driving, or being in
1299 the actual physical control of, a vehicle within this state
1300 while impaired by an under the influence of alcoholic beverage
1301beverages, a any chemical substance set forth in s. 877.111, or
1302 a any substance controlled under chapter 893, when affected to
1303 the extent that his or her abilities normal faculties are
1304 impaired, and whose license and driving privilege have been
1305 revoked as provided in subsection (1) may be issued a court
1306 order for reinstatement of a driving privilege on a temporary
1307 basis if; provided that, as a part of the penalty, upon
1308 conviction, the defendant is required to enroll in and complete
1309 a driver improvement course for the rehabilitation of drinking
1310 drivers and if the driver is otherwise eligible for
1311 reinstatement of the driving privilege as provided by s.
1312 322.282. The court order for reinstatement must shall be on a
1313 form provided by the department and must be taken by the person
1314 convicted to a Florida driver’s license examining office, where
1315 a temporary driving permit may be issued. The period of time for
1316 which a temporary permit that is issued in accordance with this
1317 subsection is valid shall be deemed to be part of the period of
1318 revocation imposed by the court.
1319 Section 17. Subsection (2) of section 322.26, Florida
1320 Statutes, is amended to read:
1321 322.26 Mandatory revocation of license by department.—The
1322 department shall forthwith revoke the license or driving
1323 privilege of any person upon receiving a record of such person’s
1324 conviction of any of the following offenses:
1325 (2) Driving a motor vehicle or being in actual physical
1326 control thereof, or entering a plea of nolo contendere, said
1327 plea being accepted by the court and said court entering a fine
1328 or sentence to a charge of driving, while impaired by an under
1329the influence of alcoholic beverage beverages or a substance
1330 controlled under chapter 893, or being in actual physical
1331 control of a motor vehicle while under the influence of an
1332 alcoholic beverage beverages or a substance controlled under
1333 chapter 893. If In any case where DUI manslaughter occurs and
1334 the person has no prior conviction convictions for a DUI-related
1335offense offenses, the revocation of the license or driving
1336 privilege is shall be permanent, except as provided for in s.
1337 322.271(4).
1338 Section 18. Subsections (2) and (7) of section 322.2615,
1339 Florida Statutes, are amended to read:
1340 322.2615 Suspension of license; right to review.—
1341 (2) Except as provided in paragraph (1)(a), the law
1342 enforcement officer shall forward to the department, within 5
1343 days after issuing the notice of suspension, the driver’s
1344 license; an affidavit stating the officer’s grounds for belief
1345 that the person was driving or was in actual physical control of
1346 a motor vehicle while impaired by an under the influence of
1347 alcoholic beverage beverages or a chemical or controlled
1348substance substances; the results of any breath or blood test or
1349 an affidavit stating that a breath, blood, or urine test was
1350 requested by a law enforcement officer or correctional officer
1351 and that the person refused to submit; the officer’s description
1352 of the person’s field sobriety test, if any; and the notice of
1353 suspension. The failure of the officer to submit materials
1354 within the 5-day period specified in this subsection and in
1355 subsection (1) does not affect the department’s ability to
1356 consider any evidence submitted at or before prior to the
1357 hearing. The officer may also submit a copy of the crash report
1358 and a copy of a videotape of the field sobriety test or the
1359 attempt to administer such test. Materials submitted to the
1360 department by a law enforcement agency or correctional agency
1361 shall be considered self-authenticating and shall be in the
1362 record for consideration by the hearing officer. Notwithstanding
1363 s. 316.066(5), the crash report shall be considered by the
1364 hearing officer.
1365 (7) In a formal review hearing under subsection (6) or an
1366 informal review hearing under subsection (4), the hearing
1367 officer shall determine by a preponderance of the evidence
1368 whether sufficient cause exists to sustain, amend, or invalidate
1369 the suspension. The scope of the review is shall be limited to
1370 the following issues:
1371 (a) If the license was suspended for driving with an
1372 unlawful blood-alcohol level or breath-alcohol level of 0.08 or
1373 higher:
1374 1. Whether the law enforcement officer had probable cause
1375 to believe that the person whose license was suspended was
1376 driving or was in actual physical control of a motor vehicle in
1377 this state while impaired by an under the influence of alcoholic
1378beverage beverages or a chemical or controlled substance
1379substances.
1380 2. Whether the person whose license was suspended had an
1381 unlawful blood-alcohol level or breath-alcohol level of 0.08 or
1382 higher as provided in s. 316.193.
1383 (b) If the license was suspended for refusal to submit to a
1384 breath, blood, or urine test:
1385 1. Whether the law enforcement officer had probable cause
1386 to believe that the person whose license was suspended was
1387 driving or was in actual physical control of a motor vehicle in
1388 this state while impaired by an under the influence of alcoholic
1389beverage beverages or a chemical or controlled substance
1390substances.
1391 2. Whether the person whose license was suspended refused
1392 to submit to any such test after being requested to do so by a
1393 law enforcement officer or correctional officer.
1394 3. Whether the person whose license was suspended was told
1395 that if he or she refused to submit to such test, his or her
1396 privilege to operate a motor vehicle would be suspended for a
1397 period of 1 year or, in the case of a second or subsequent
1398 refusal, for a period of 18 months.
1399 Section 19. Paragraph (b) of subsection (1) of section
1400 322.2616, Florida Statutes, is amended to read:
1401 322.2616 Suspension of license; persons under 21 years of
1402 age; right to review.—
1403 (1)
1404 (b) A law enforcement officer who has probable cause to
1405 believe that a motor vehicle is being driven by or is in the
1406 actual physical control of a person who is under the age of 21
1407and who is impaired by an while under the influence of alcoholic
1408beverage beverages or who has any blood-alcohol or breath
1409 alcohol level may lawfully detain such a person and may request
1410 that the person to submit to a test to determine his or her
1411 blood-alcohol or breath-alcohol level.
1412 Section 20. Paragraph (d) of subsection (2) of section
1413 322.271, Florida Statutes, is amended to read:
1414 322.271 Authority to modify revocation, cancellation, or
1415 suspension order.—
1416 (2) At such hearing, the person whose license has been
1417 suspended, canceled, or revoked may show that such suspension,
1418 cancellation, or revocation causes a serious hardship and
1419 precludes the person from carrying out his or her normal
1420 business occupation, trade, or employment and that the use of
1421 the person’s license in the normal course of his or her business
1422 is necessary to the proper support of the person or his or her
1423 family.
1424 (d) For the purpose of this section, a previous conviction
1425 of driving while impaired, driving under the influence, driving
1426 while intoxicated, driving with an unlawful blood-alcohol level,
1427 or any other similar alcohol-related or drug-related offense
1428 outside this state or a previous conviction of former s.
1429 316.1931, former s. 316.028, or former s. 860.01 is considered a
1430 previous conviction for violation of s. 316.193.
1431 Section 21. Section 322.2715, Florida Statutes, is amended
1432 to read:
1433 322.2715 Ignition interlock device.—
1434 (1) Before issuing a permanent or restricted driver’s
1435 license under this chapter, the department shall require the
1436 placement of a department-approved ignition interlock device for
1437 any person convicted of committing an offense of driving while
1438 impaired under the influence as specified in subsection (3),
1439 except that consideration may be given to those individuals
1440 having a documented medical condition that would prohibit the
1441 device from functioning normally. An interlock device shall be
1442 placed on all vehicles that are individually or jointly leased
1443 or owned and routinely operated by the convicted person.
1444 (2) For purposes of this section, any conviction for a
1445 violation of s. 316.193, a previous conviction for a violation
1446 of former s. 316.1931, or a conviction outside this state for
1447driving while impaired, driving under the influence, driving
1448 while intoxicated, driving with an unlawful blood-alcohol level,
1449 or any other similar alcohol-related or drug-related traffic
1450 offense is a conviction of driving while impaired under the
1451influence.
1452 (3) If the person is convicted of:
1453 (a) A first offense of driving while impaired under the
1454influence under s. 316.193 and has an unlawful blood-alcohol
1455 level or breath-alcohol level as specified in s. 316.193(4), or
1456 if a person is convicted of a violation of s. 316.193 and was at
1457 the time of the offense accompanied in the vehicle by a person
1458 younger than 18 years of age, the person shall have the ignition
1459 interlock device installed for at least not less than 6
1460 continuous months for the first offense and for at least not
1461less than 2 continuous years for a second offense.
1462 (b) A second offense of driving while impaired under the
1463influence, the ignition interlock device shall be installed for
1464at least a period of not less than 1 continuous year.
1465 (c) A third offense of driving while impaired under the
1466influence which occurs within 10 years after a prior conviction
1467 for a violation of s. 316.193, the ignition interlock device
1468 shall be installed for at least a period of not less than 2
1469 continuous years.
1470 (d) A third offense of driving while impaired under the
1471influence which occurs more than 10 years after the date of a
1472 prior conviction, the ignition interlock device shall be
1473 installed for at least a period of not less than 2 continuous
1474 years.
1475 (e) A fourth or subsequent offense of driving while
1476impaired under the influence, the ignition interlock device
1477 shall be installed for at least a period of not less than 5
1478 years.
1479 (4) If the court fails to order the mandatory placement of
1480 the ignition interlock device or fails to order for the
1481 applicable period the mandatory placement of an ignition
1482 interlock device under s. 316.193 or s. 316.1937 at the time of
1483 imposing sentence or within 30 days thereafter, the department
1484 shall immediately require that the ignition interlock device be
1485 installed as provided in this section, except that consideration
1486 may be given to those individuals having a documented medical
1487 condition that would prohibit the device from functioning
1488 normally. This subsection applies to the reinstatement of the
1489 driving privilege following a revocation, suspension, or
1490 cancellation that is based upon a conviction for the offense of
1491 driving while impaired under the influence which occurs on or
1492 after July 1, 2005.
1493 (5) In addition to any fee fees authorized by rule for the
1494 installation and maintenance of the ignition interlock device,
1495 the authorized installer of the device shall collect and remit
1496 $12 for each installation to the department, which shall be
1497 deposited into the Highway Safety Operating Trust Fund to be
1498 used for the operation of the Ignition Interlock Device Program.
1499 Section 22. Subsection (1) and paragraphs (a), (c), and (e)
1500 of subsection (2) of section 322.28, Florida Statutes, are
1501 amended to read:
1502 322.28 Period of suspension or revocation.—
1503 (1) Unless otherwise provided by this section, the
1504 department may shall not suspend a license for a period of more
1505 than 1 year and, upon revoking a license, in any case except in
1506 a prosecution for the offense of driving a motor vehicle while
1507impaired by an under the influence of alcoholic beverage
1508beverages, a chemical substance substances as set forth in s.
1509 877.111, or a controlled substance substances, may shall not in
1510 any event grant a new license until the expiration of 1 year
1511 after such revocation.
1512 (2) In a prosecution for a violation of s. 316.193 or
1513 former s. 316.1931, the following provisions apply:
1514 (a) Upon conviction of the driver, the court, along with
1515 imposing sentence, shall revoke the driver’s license or driving
1516 privilege of the person so convicted, effective on the date of
1517 conviction, and shall prescribe the period of such revocation in
1518 accordance with the following provisions:
1519 1. Upon a first conviction for a violation of the
1520 provisions of s. 316.193, except a violation resulting in death,
1521 the driver’s license or driving privilege shall be revoked for
1522 not less than 180 days and not or more than 1 year.
1523 2. Upon a second conviction for an offense that occurs
1524 within a period of 5 years after the date of a prior conviction
1525 for a violation of the provisions of s. 316.193 or former s.
1526 316.1931 or a combination of these such sections, the driver’s
1527 license or driving privilege shall be revoked for not less than
1528 5 years.
1529 3. Upon a third conviction for an offense that occurs
1530 within a period of 10 years after the date of a prior conviction
1531 for the violation of the provisions of s. 316.193 or former s.
1532 316.1931 or a combination of these such sections, the driver’s
1533 license or driving privilege shall be revoked for not less than
1534 10 years.
1535
1536 For the purposes of this paragraph, a previous conviction
1537 outside this state for driving under the influence, driving
1538while impaired, driving while intoxicated, driving with an
1539 unlawful blood-alcohol level, or any other alcohol-related or
1540 drug-related traffic offense similar to the offense of driving
1541while impaired under the influence as proscribed by s. 316.193
1542 will be considered a previous conviction for violation of s.
1543 316.193, and a conviction for violation of former s. 316.028,
1544 former s. 316.1931, or former s. 860.01 is considered a
1545 conviction for violation of s. 316.193.
1546 (c) The forfeiture of bail bond, not vacated within 20
1547 days, in any prosecution for the offense of driving while
1548impaired by an under the influence of alcoholic beverage
1549beverages, a chemical substance substances, or a controlled
1550substance substances to the extent of depriving the defendant of
1551 his or her abilities normal faculties shall be deemed equivalent
1552 to a conviction for the purposes of this paragraph, and the
1553 department shall forthwith revoke the defendant’s driver’s
1554 license or driving privilege for the maximum period applicable
1555 under paragraph (a) for a first conviction and for the minimum
1556 period applicable under paragraph (a) for a second or subsequent
1557 conviction; however, if the defendant is later convicted of the
1558 charge, the period of revocation imposed by the department for
1559 such conviction may shall not exceed the difference between the
1560 applicable maximum for a first conviction or minimum for a
1561 second or subsequent conviction and the revocation period under
1562 this subsection that has actually elapsed.; Upon conviction of
1563 such charge, the court may impose revocation for a period of
1564time as specified in paragraph (a). This paragraph does not
1565 apply if an appropriate motion contesting the forfeiture is
1566 filed within the 20-day period.
1567 (e) The court shall permanently revoke the driver’s license
1568 or driving privilege of a person who has been convicted four
1569 times for violation of s. 316.193 or former s. 316.1931 or a
1570 combination of these such sections. The court shall permanently
1571 revoke the driver’s license or driving privilege of a any person
1572 who has been convicted of DUI manslaughter in violation of s.
1573 316.193. If the court has not permanently revoked the such
1574 driver’s license or driving privilege within 30 days after
1575 imposing sentence, the department shall permanently revoke the
1576 driver’s license or driving privilege pursuant to this
1577 paragraph. The person may not be issued or granted a No driver’s
1578 license or driving privilege may be issued or granted to any
1579such person. This paragraph applies only if at least one of the
1580 convictions for violation of s. 316.193 or former s. 316.1931
1581 was for a violation that occurred after July 1, 1982. For the
1582 purposes of this paragraph, a conviction for violation of former
1583 s. 316.028, former s. 316.1931, or former s. 860.01 is also
1584 considered a conviction for violation of s. 316.193. Also, A
1585 conviction of driving under the influence, driving while
1586 intoxicated, driving while impaired, driving with an unlawful
1587 blood-alcohol level, or any other similar alcohol-related or
1588 drug-related traffic offense outside this state is also
1589 considered a conviction for the purposes of this paragraph.
1590 Section 23. Section 322.291, Florida Statutes, is amended
1591 to read:
1592 322.291 Driver improvement schools or DUI programs;
1593 required in certain suspension and revocation cases.—Except as
1594 provided in s. 322.03(2), a any person:
1595 (1) Whose driving privilege has been revoked:
1596 (a) Upon conviction for:
1597 1. Driving, or being in actual physical control of, a any
1598 vehicle while impaired by an under the influence of alcoholic
1599beverage beverages, a any chemical substance set forth in s.
1600 877.111, or a any substance controlled under chapter 893, in
1601 violation of s. 316.193;
1602 2. Driving with an unlawful blood- or breath-alcohol level;
1603 3. Manslaughter resulting from the operation of a motor
1604 vehicle;
1605 4. Failure to stop and render aid as required under the
1606 laws of this state in the event of a motor vehicle crash
1607 resulting in the death or personal injury of another;
1608 5. Reckless driving; or
1609 (b) As a habitual offender;
1610 (c) Upon direction of the court, if the court feels that
1611 the seriousness of the offense and the circumstances surrounding
1612 the conviction warrant the revocation of the licensee’s driving
1613 privilege; or
1614 (2) Whose license was suspended under the point system, was
1615 suspended for driving with an unlawful blood-alcohol level of
1616 0.10 percent or higher before January 1, 1994, was suspended for
1617 driving with an unlawful blood-alcohol level of 0.08 percent or
1618 higher after December 31, 1993, was suspended for a violation of
1619 s. 316.193(1), or was suspended for refusing to submit to a
1620 lawful breath, blood, or urine test as provided in s. 322.2615
1621
1622 shall, before the driving privilege may be reinstated, present
1623 to the department proof of enrollment in an advanced driver
1624improvement course that is approved by the department and a
1625department-approved advanced driver improvement course operating
1626 pursuant to s. 318.1451 or a substance abuse education course
1627 conducted by a DUI program licensed pursuant to s. 322.292,
1628 which must shall include a psychosocial evaluation and
1629 treatment, if referred. Additionally, for a third or subsequent
1630 violation of requirements for installation of an ignition
1631 interlock device, a person must complete treatment as determined
1632 by a licensed treatment agency following a referral by a DUI
1633 program and have the duration of the ignition interlock device
1634 requirement extended by at least 1 month up to the time period
1635 required to complete treatment. If the person fails to complete
1636 such course or evaluation within 90 days after reinstatement, or
1637 subsequently fails to complete treatment, if referred, the DUI
1638 program shall notify the department of the failure. Upon receipt
1639 of the notice, the department shall cancel the person’s
1640offender’s driving privilege, notwithstanding the expiration of
1641 the suspension or revocation of the driving privilege. The
1642 department may temporarily reinstate the driving privilege upon
1643 verification from the DUI program that the person offender has
1644 completed the education course and evaluation requirement and
1645 has reentered and is currently participating in treatment. If
1646 the DUI program notifies the department of the second failure to
1647 complete treatment, the department shall reinstate the driving
1648 privilege only after notice of completion of treatment from the
1649 DUI program.
1650 Section 24. Paragraph (a) of subsection (9) of section
1651 322.34, Florida Statutes, is amended to read:
1652 322.34 Driving while license suspended, revoked, canceled,
1653 or disqualified.—
1654 (9)(a) A motor vehicle that is driven by a person who is
1655impaired by under the influence of alcohol or drugs in violation
1656 of s. 316.193 is subject to seizure and forfeiture under ss.
1657 932.701-932.706 and is subject to liens for recovering, towing,
1658 or storing vehicles under s. 713.78 if, at the time of the
1659 offense, the person’s driver’s license is suspended, revoked, or
1660 canceled as a result of a prior conviction for driving under the
1661 influence or driving while impaired.
1662 Section 25. Subsection (3) of section 322.61, Florida
1663 Statutes, is amended to read:
1664 322.61 Disqualification from operating a commercial motor
1665 vehicle.—
1666 (3)(a) Except as provided in subsection (4), any person who
1667 is convicted of one of the offenses listed in paragraph (b)
1668 while operating a commercial motor vehicle shall, in addition to
1669 any other applicable penalties, be disqualified from operating a
1670 commercial motor vehicle for a period of 1 year:
1671 (b) Except as provided in subsection (4), any holder of a
1672 commercial driver’s license who is convicted of one of the
1673 offenses listed in this paragraph while operating a
1674 noncommercial motor vehicle shall, in addition to any other
1675 applicable penalties, be disqualified from operating a
1676 commercial motor vehicle for a period of 1 year:
1677 1. Driving a motor vehicle while he or she is impaired by
1678under the influence of alcohol or a controlled substance;
1679 2. Driving a commercial motor vehicle while the alcohol
1680 concentration of his or her blood, breath, or urine is .04
1681 percent or higher;
1682 3. Leaving the scene of a crash involving a motor vehicle
1683 driven by such person;
1684 4. Using a motor vehicle in the commission of a felony;
1685 5. Driving a commercial motor vehicle while in possession
1686 of a controlled substance;
1687 6. Refusing to submit to a test to determine his or her
1688 alcohol concentration while driving a motor vehicle;
1689 7. Driving a commercial vehicle while the licenseholder’s
1690 commercial driver’s license of the licenseholder is suspended,
1691 revoked, or canceled or while the licenseholder is disqualified
1692 from driving a commercial vehicle; or
1693 8. Causing a fatality through the negligent operation of a
1694 commercial motor vehicle.
1695 Section 26. Section 322.62, Florida Statutes, is amended to
1696 read:
1697 322.62 Driving while impaired under the influence;
1698 commercial motor vehicle operators.—
1699 (1) A person who has any alcohol in his or her body may not
1700 drive or be in actual physical control of a commercial motor
1701 vehicle in this state. A Any person who violates this section
1702 commits is guilty of a moving violation, punishable as provided
1703 in s. 318.18.
1704 (2)(a) In addition to the penalty provided in subsection
1705 (1), a person who violates this section shall be immediately
1706 placed out of service out-of-service immediately for a period of
1707 24 hours.
1708 (b) In addition to the penalty provided in subsection (1),
1709 a person who violates this section and who has a blood-alcohol
1710 level of 0.04 or more grams of alcohol per 100 milliliters of
1711 blood, or a breath-alcohol level of 0.04 or more grams of
1712 alcohol per 210 liters of breath is subject to the penalty
1713 provided in s. 322.61.
1714 (3) This section does not supersede s. 316.193. Nothing in
1715 This section does not prohibit prohibits the prosecution of a
1716 person who drives a commercial motor vehicle for driving while
1717impaired by under the influence of alcohol or a controlled
1718substance, substances whether or not the such person is also
1719 prosecuted for a violation of this section.
1720 Section 27. Subsection (3) of section 322.63, Florida
1721 Statutes, is amended to read:
1722 322.63 Alcohol or drug testing; commercial motor vehicle
1723 operators.—
1724 (3)(a) The breath and blood tests authorized in this
1725 section shall be administered substantially in accordance with
1726 rules adopted by the Department of Law Enforcement.
1727 (b) The Alcohol Testing Program within the Department of
1728 Law Enforcement is responsible for the regulation of the
1729 operation, inspection, and registration of breath test
1730 instruments that are used utilized under the provisions of
1731 driving and boating while impaired under the influence
1732 provisions and under related provisions located in this chapter
1733 and chapters 316 and 327. The program is responsible for the
1734 regulation of the individuals who operate, inspect, and instruct
1735 on the breath test instruments that are used under utilized in
1736 the provisions of driving and boating while impaired under the
1737influence provisions and under related provisions located in
1738 this chapter and chapters 316 and 327. The program is further
1739 responsible for the regulation of blood analysts who conduct
1740 blood testing that is used to be utilized under the provisions
1741of driving and boating while impaired under the influence
1742 provisions and under related provisions located in this chapter
1743 and chapters 316 and 327. The program shall:
1744 1. Establish uniform criteria for the issuance of permits
1745 to breath test operators, agency inspectors, instructors, blood
1746 analysts, and instruments.
1747 2. Have the authority to issue permits to permit breath
1748 test operators, agency inspectors, instructors, blood analysts,
1749 and instruments.
1750 3. Have the authority to discipline and suspend, revoke, or
1751 renew the permits of breath test operators, agency inspectors,
1752 instructors, blood analysts, and instruments.
1753 4. Establish uniform requirements for instruction and
1754 curricula for the operation and inspection of approved
1755 instruments.
1756 5. Have the authority to specify one approved curriculum
1757 for the operation and inspection of approved instruments.
1758 6. Establish a procedure for the approval of breath test
1759 operator and agency inspector classes.
1760 7. Have the authority to approve or disapprove breath test
1761 instruments and accompanying paraphernalia for use pursuant to
1762 the provisions of driving and boating while impaired under the
1763influence provisions and related provisions located in this
1764 chapter and chapters 316 and 327.
1765 8. With the approval of the executive director of the
1766 Department of Law Enforcement, make and enter into contracts and
1767 agreements with other agencies, organizations, associations,
1768 corporations, individuals, or federal agencies as are necessary,
1769 expedient, or incidental to the performance of duties.
1770 9. Issue final orders that which include findings of fact
1771 and conclusions of law and that which constitute final agency
1772 action for the purpose of chapter 120.
1773 10. Enforce compliance with the provisions of this section
1774 through civil or administrative proceedings.
1775 11. Make recommendations concerning any matter within the
1776 purview of this section, this chapter, chapter 316, or chapter
1777 327.
1778 12. Promulgate rules for the administration and
1779 implementation of this section, including definitions of terms.
1780 13. Consult and cooperate with other entities for the
1781 purpose of implementing the mandates of this section.
1782 14. Have the authority to approve the type of blood test to
1783be used utilized under the provisions of driving and boating
1784while impaired under the influence provisions and under related
1785 provisions located in this chapter and chapters 316 and 327.
1786 15. Have the authority to specify techniques and methods
1787 for breath alcohol testing and blood testing to be used utilized
1788 under the provisions of driving and boating while impaired under
1789the influence provisions and under related provisions located in
1790 this chapter and chapters 316 and 327.
1791 16. Have the authority to approve repair facilities for the
1792 approved breath test instruments, including the authority to set
1793 criteria for approval.
1794
1795Nothing in This section does not shall be construed to supersede
1796 provisions in this chapter and chapters 316 and 327. The
1797 specifications in this section are derived from the power and
1798 authority previously and currently possessed by the Department
1799 of Law Enforcement and are enumerated to conform with the
1800 mandates of chapter 99-379, Laws of Florida.
1801 (c) Any insubstantial difference differences between
1802 approved techniques and actual testing procedures in any
1803 individual case does not render the test or tests results
1804 invalid.
1805 (d) Notwithstanding any other provision of this section,
1806 the failure of a law enforcement officer to request the
1807 withdrawal of blood does shall not affect the admissibility of a
1808 test of blood withdrawn for medical purposes.
1809 Section 28. Section 324.023, Florida Statutes, is amended
1810 to read:
1811 324.023 Financial responsibility for bodily injury or
1812 death.—In addition to any other financial responsibility
1813 required by law, every owner or operator of a motor vehicle that
1814 is required to be registered in this state, or that is located
1815 within this state, and who, regardless of adjudication of guilt,
1816 has been found guilty of or entered a plea of guilty or nolo
1817 contendere to a charge of driving while impaired or under the
1818 influence under s. 316.193 after October 1, 2007, shall, by one
1819 of the methods established in s. 324.031(1), (2), or (3),
1820 establish and maintain the ability to respond in damages for
1821 liability on account of accidents arising out of the use of a
1822 motor vehicle in the amount of $100,000 because of bodily injury
1823 to, or death of, one person in any one crash and, subject to
1824 such limits for one person, in the amount of $300,000 because of
1825 bodily injury to, or death of, two or more persons in any one
1826 crash and in the amount of $50,000 because of property damage in
1827 any one crash. If the owner or operator chooses to establish and
1828 maintain such ability by posting a bond or furnishing a
1829 certificate of deposit pursuant to s. 324.031(2) or (3), the
1830such bond or certificate of deposit must be in an amount of at
1831least not less than $350,000. Such higher limits must be carried
1832 for a minimum period of 3 years. If the owner or operator has
1833 not been convicted of driving while impaired under the influence
1834 or of a felony traffic offense for a period of 3 years after
1835from the date of reinstatement of driving privileges for a
1836 violation of s. 316.193, the owner or operator is shall be
1837 exempt from this section.
1838 Section 29. Subsection (1) of section 337.195, Florida
1839 Statutes, is amended to read:
1840 337.195 Limits on liability.—
1841 (1) In a civil action for the death of or injury to a
1842 person, or for damage to property, against the Department of
1843 Transportation or its agents, consultants, or contractors for
1844 work performed on a highway, road, street, bridge, or other
1845 transportation facility when the death, injury, or damage
1846 resulted from a motor vehicle crash within a construction zone
1847 in which the driver of one of the vehicles was impaired by or
1848 under the influence of an alcoholic beverage beverages as set
1849 forth in s. 316.193, by a under the influence of any chemical
1850 substance as set forth in s. 877.111, or by a illegally under
1851the influence of any substance controlled under chapter 893 to
1852 the extent that her or his abilities normal faculties were
1853 impaired or that she or he operated a vehicle recklessly as
1854 defined in s. 316.192, it is presumed that the driver’s
1855 operation of the vehicle was the sole proximate cause of her or
1856 his own death, injury, or damage. This presumption can be
1857 overcome if the gross negligence or intentional misconduct of
1858 the Department of Transportation, or of its agents, consultants,
1859 or contractors, was a proximate cause of the driver’s death,
1860 injury, or damage.
1861 Section 30. Subsection (1) of section 401.281, Florida
1862 Statutes, is amended to read:
1863 401.281 Drivers.—
1864 (1) Each licensee is responsible for assuring that its
1865 vehicles are driven only by trained, experienced, and otherwise
1866 qualified personnel. The licensee must, at a minimum, document
1867 that each of its drivers:
1868 (a) Is at least 18 years of age;
1869 (b) Certifies under oath that he or she is not addicted to
1870 alcohol or any controlled substance;
1871 (c) Certifies under oath that he or she is free from any
1872 physical or mental defect or disease that might impair his or
1873 her ability to drive an ambulance;
1874 (d) Upon initial designation as a driver, has not, within
1875 the past 3 years, been convicted of driving while impaired by
1876under the influence of alcohol or a controlled substance
1877substances and has not had a driver’s license suspended under
1878 the point system provided for in chapter 322;
1879 (e) Possesses a valid driver’s license issued under chapter
1880 322, is trained in the safe operation of emergency vehicles, and
1881 has completed an emergency vehicle operator’s course or the
1882 reasonable equivalent as approved by the department; however,
1883 this paragraph applies only to a driver of a land vehicle;
1884 (f) Possesses a valid American Red Cross or National Safety
1885 Council standard first aid course card or its equivalent; and
1886 (g) Possesses a valid American Red Cross or American Heart
1887 Association cardiopulmonary resuscitation card.
1888 Section 31. Section 401.445, Florida Statutes, is amended
1889 to read:
1890 401.445 Emergency examination and treatment of
1891 incapacitated persons.—
1892 (1) A No recovery is not shall be allowed in any court in
1893 this state against an any emergency medical technician, a
1894 paramedic, or a physician as defined in this chapter, an any
1895 advanced registered nurse practitioner certified under s.
1896 464.012, a or any physician assistant licensed under s. 458.347
1897 or s. 459.022, or a any person acting under the direct medical
1898 supervision of a physician, in an action brought for examining
1899 or treating a patient without his or her informed consent if:
1900 (a) The patient at the time of examination or treatment is
1901 intoxicated, impaired by the use under the influence of drugs,
1902 or otherwise incapable of providing informed consent as provided
1903 in s. 766.103;
1904 (b) The patient at the time of examination or treatment is
1905 experiencing an emergency medical condition; and
1906 (c) The patient would reasonably, under all the surrounding
1907 circumstances, undergo such examination, treatment, or procedure
1908 if he or she were advised by the emergency medical technician,
1909 paramedic, physician, advanced registered nurse practitioner, or
1910 physician assistant in accordance with s. 766.103(3).
1911
1912 Examination and treatment provided under this subsection are
1913shall be limited to reasonable examination of the patient to
1914 determine the medical condition of the patient and treatment
1915 reasonably necessary to alleviate the emergency medical
1916 condition or to stabilize the patient.
1917 (2) In examining and treating a person who is apparently
1918 intoxicated, impaired by the use under the influence of drugs,
1919 or otherwise incapable of providing informed consent, the
1920 emergency medical technician, paramedic, physician, advanced
1921 registered nurse practitioner, or physician assistant, or the
1922 any person acting under the direct medical supervision of a
1923 physician, shall proceed wherever possible with the consent of
1924 the person. If the person reasonably appears to be incapacitated
1925 and refuses his or her consent, the person may be examined,
1926 treated, or taken to a hospital or other appropriate treatment
1927 resource if he or she is in need of emergency attention, without
1928 his or her consent, but unreasonable force may shall not be
1929 used.
1930 (3) This section does not limit medical treatment provided
1931 pursuant to court order or treatment provided in accordance with
1932 chapter 394 or chapter 397.
1933 Section 32. This act shall take effect July 1, 2012.