Florida 2024 Regular Session Status: Passed Senate 2 R cosponsors

SB 260 — Refusal to Submit to a Breath, Urine, or Blood Test

Last action — Died on Third Reading Calendar

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Refusal to Submit to a Breath, Urine, or Blood Test; Requiring that a person arrested for driving or being in actual physical control of a motor vehicle while under the influence who refuses to submit to a lawful test of his or her breath incidental to a lawful arrest be told that he or she is subject, for a first refusal, to the suspension of the privilege to operate a motor vehicle unless the person agrees to the placement for a specified timeframe, at the person’s own expense, of an ignition interlock device on all vehicles that are individually or jointly leased or owned and routinely operated by the person for 1 continuous year; specifying application of prohibitions and penalties; prohibiting eligibility to receive a license until certain actions are performed, etc.

Bill Text

What changed in the latest version

514 added · 662 removed

514 line(s) added, 662 removed.

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CS for SB 260 First Engrossed 2024260e1 A bill to be entitled An act relating to refusal to submit to a breath, urine, or blood test;
Florida Senate - 2024 CS for SB 260 By the Committee on Criminal Justice;
and Senators DiCeglie and Hooper 591-02394-24 2024260c1 A bill to be entitled An act relating to refusal to submit to a breath, urine, or blood test;
requiring that a person arrested for driving or being in actual physical control of a motor vehicle while under the influence who refuses to submit to a lawful test of his or her breath incidental to a lawful arrest be told that he or she is subject, for a first refusal, to the suspension of the privilege to operate a motor vehicle unless the person agrees to the placement for a specified timeframe, at the person’s own expense, of an ignition interlock device on all vehicles that are individually or jointly leased or owned and routinely operated by the person for 1 continuous year;
requiring that a person arrested for driving or being in actual physical control of a motor vehicle while under the influence who refuses to submit to a lawful test of his or her breath incident to a lawful arrest be told that he or she is subject to mandatory placement, for a specified period, of an ignition interlock device on all vehicles that are individually or jointly leased or owned and routinely operated by the person;
requiring that a person arrested for driving under the influence who refuses to submit to a lawful test of his or her breath be subject, for a first refusal, to the suspension of the privilege to operate a motor vehicle for a specified period unless the person agrees to the placement for a specified timeframe, at the person’s own expense, of an ignition interlock device on all vehicles that are individually or jointly leased or owned and routinely operated by the person for 1 continuous year when the person qualifies for reinstatement of a permanent or restricted driver license;
requiring a person arrested for driving under the influence who refuses to submit to a lawful test of his or her breath to be subject to mandatory placement, for a specified period, of an ignition interlock device on all vehicles that are individually or jointly leased or owned and routinely operated by the person;
providing applicability;
requiring reporting to the Page 1 of 21 CODING:
requiring reporting to the Department of Highway Safety and Motor Vehicles;
Words stricken are deletions;
words underlined are additions.
CS for SB 260 First Engrossed 2024260e1 Department of Highway Safety and Motor Vehicles;
requiring the department to annually post on its website certain information;
prohibiting eligibility to receive a license until certain actions are performed;
waiving the requirement for the installation of an ignition interlock device under certain circumstances;
providing construction;
requiring that a notice of suspension issued to persons younger than a specified age contain certain information;
requiring that a notice of suspension issued to persons younger than a specified Page 1 of 17 CODING:
requiring that a certain notice of suspension include certain information;
Words stricken are deletions;
revising the scope of a formal review hearing;
words underlined are additions.
revising the requirements for issuance of a license after the last temporary driving permit was issued;
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 age contain certain information;
requiring the department to terminate the suspension effective on the date of ignition interlock device placement on such vehicles;
waiving the requirement for the installation of an ignition interlock device under certain circumstances;
Paragraph (a) of subsection (1) of section Page 2 of 21 CODING:
Paragraph (a) of subsection (1) of section 316.1932, Florida Statutes, is amended to read:
Words stricken are deletions;
words underlined are additions.
CS for SB 260 First Engrossed 2024260e1 316.1932, Florida Statutes, is amended to read:
The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages.
The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who Page 2 of 17 CODING:
The administration of a breath test does not preclude the administration of another type of test.
The person must shall be told that his or her failure to submit to any lawful test of his or her breath will, for a first refusal, result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year, unless, instead of such suspension, the person agrees to placement for 1 continuous year, at the person’s own expense, of a department-approved ignition interlock device on all vehicles that are individually or jointly leased or owned and routinely operated by the person.
for a first refusal, or for a period of 18 months If the driving Page 3 of 21 CODING:
CS for SB 260 First Engrossed 2024260e1 privilege of such person has been previously suspended or if he or she has previously been fined under s.
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 has reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages.
The administration of a breath test does not preclude the administration of another type of test.
The person must shall be told that his or her failure to submit to any lawful test of his or her breath will, for a first refusal, result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year, and the person will be subject to mandatory placement for 1 continuous year, at the person’s own expense, of an ignition interlock device on all vehicles that are individually or jointly leased or owned and routinely operated by the person when the person qualifies for reinstatement of a permanent or restricted driver license.
for a first refusal, or for a period of 18 months If the driving privilege of such person has been previously suspended or if he or she has previously been fined under s.
775.083, in addition to any other penalties provided by law.
Page 3 of 17 CODING:
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words underlined are additions.
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 775.083, in addition to any other penalties provided by law.
The urine test must be incidental to a lawful arrest and administered at a detention facility or any other facility, Page 4 of 21 CODING:
The urine test must be incidental to a lawful arrest and administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of a motor vehicle within this state while under the influence of chemical substances or controlled substances.
Words stricken are deletions;
words underlined are additions.
CS for SB 260 First Engrossed 2024260e1 mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of a motor vehicle within this state while under the influence of chemical substances or controlled substances.
The person must shall be told that his or her failure to submit to any lawful test of his or her urine will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for the first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended or if he or she has previously been fined under s.
The person must shall be told that his or her failure to submit to any lawful test of his or her urine will result in the suspension of the person’s privilege to operate a motor Page 4 of 17 CODING:
Words stricken are deletions;
words underlined are additions.
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Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 vehicle for a period of 1 year for the first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended or if he or she has previously been fined under s.
The refusal to submit to a urine test upon the request of a law enforcement officer as provided in this section Page 5 of 21 CODING:
The refusal to submit to a urine test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.
Words stricken are deletions;
words underlined are additions.
CS for SB 260 First Engrossed 2024260e1 is admissible into evidence in any criminal proceeding.
The program is further responsible for the regulation of blood analysts who conduct blood testing to be used utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327.
The program is further responsible for the regulation of blood analysts who conduct blood testing to be used utilized under the driving and boating under the influence provisions and related provisions Page 5 of 17 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 located in this chapter and chapters 322 and 327.
Page 6 of 21 CODING:
f.
Words stricken are deletions;
words underlined are additions.
CS for SB 260 First Engrossed 2024260e1 f.
Issue final orders that which include findings of fact and conclusions of law and that which constitute final agency action for the purpose of chapter 120.
Issue final orders that which include findings of fact and conclusions of law and that which constitute final agency Page 6 of 17 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 action for the purpose of chapter 120.
Have the authority to specify techniques and methods for Page 7 of 21 CODING:
Have the authority to specify techniques and methods for breath alcohol testing and blood testing used utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327.
Words stricken are deletions;
words underlined are additions.
CS for SB 260 First Engrossed 2024260e1 breath alcohol testing and blood testing used utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327.
Section 316.1939, Florida Statutes, is amended to read:
Section 316.1939, Florida Statutes, is amended Page 7 of 17 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 to read:
is subject, for a first refusal, to suspension of the person’s driving privilege for 1 year unless, instead of such suspension, the person agrees to placement, at the person’s own expense, of an ignition interlock device approved by the department in the same manner as devices approved by the department in accordance with s.
is subject to mandatory placement, at the person’s own expense, of an ignition interlock device approved by the department in the same manner as devices approved by the department in accordance with s.
The ignition interlock device placement period Page 8 of 21 CODING:
The ignition interlock device placement period required by this subsection may run concurrently with any other ignition interlock device placement period required by a court or the department.
Words stricken are deletions;
words underlined are additions.
CS for SB 260 First Engrossed 2024260e1 required by this subsection shall run concurrently with any other ignition interlock device placement period required by a court or the department.
327.35215 for a prior refusal to submit to a lawful test of his or her breath, urine, or blood required under this chapter or chapter 327, and:
327.35215 for a prior refusal to submit to a lawful test of his or her breath, urine, Page 8 of 17 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 or blood required under this chapter or chapter 327, and:
(c) Who was informed that, if he or she refused to submit to such test in the case of a second or subsequent refusal, his or her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent Page 9 of 21 CODING:
(c) Who was informed that:, 1.
If he or she refused to submit to a lawful test of his or her breath, his or her privilege to operate a motor vehicle would be suspended for 1 year for a first refusal and that he or she would be subject to mandatory placement, at his or her own expense, of an ignition interlock device approved by the department in the same manner as devices approved by the department in accordance with s.
316.1938 for 1 continuous year for a first refusal on all vehicles that he or she individually or jointly leases or owns and routinely operates when he or she qualifies for reinstatement of a permanent or restricted driver license;
or 2.
If he or she refused to submit to a lawful such test of his or her urine, his or her privilege to operate a motor vehicle would be suspended for a period of 1 year for a first refusal or, in the case of a second or subsequent refusal, for a period of 18 months for a second or subsequent refusal;
(d) Who was informed that a refusal to submit to a lawful test of his or her breath or urine, if his or her driving privilege has been previously suspended or if he or she has Page 9 of 17 CODING:
CS for SB 260 First Engrossed 2024260e1 refusal, for a period of 18 months;
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 previously been fined under s.
(d) Who was informed that a refusal to submit to a lawful test of his or her breath or urine, if his or her driving privilege has been previously suspended or if he or she has previously been fined under s.
(5) The department shall annually post on its website the number of drivers who refuse to submit to a test and who either Page 10 of 21 CODING:
Words stricken are deletions;
words underlined are additions.
CS for SB 260 First Engrossed 2024260e1 choose to obtain a hardship license or choose to reinstate their license with an ignition interlock device.
Subsections (1) and (3), paragraph (a) of subsection (10), and paragraph (b) of subsection (14) of section 322.2615, Florida Statutes, are amended to read:
Present subsections (12) through (16) of section 322.2615, Florida Statutes, are redesignated as subsections (13) through (17), respectively, subsection (1) of that section is amended, and a new subsection (12) is added to that section, to read:
right to review.— (1)(a) A law enforcement officer or correctional officer shall, on behalf of the department, suspend the driving privilege of a person who is driving or in actual physical control of a motor vehicle and who has an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher, or of a person who has refused to submit to a urine test or a test of his or her breath-alcohol or blood-alcohol level.
right to review.— Page 10 of 17 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 (1)(a) A law enforcement officer or correctional officer shall, on behalf of the department, suspend the driving privilege of a person who is driving or in actual physical control of a motor vehicle and who has an unlawful blood-alcohol level or breath-alcohol level of 0.08 or higher, or of a person who has refused to submit to a urine test or a test of his or her breath-alcohol or blood-alcohol level.
The driver refused to submit to a lawful breath, blood, or urine test and his or her driving privilege is suspended for a period of 1 year for a first refusal unless, Page 11 of 21 CODING:
The driver refused to submit to a lawful breath, blood, or urine test and his or her driving privilege is suspended for a period of 1 year for a first refusal or for a period of 18 months if his or her driving privilege has been previously suspended as a result of a refusal to submit to such a test, and he or she is subject to mandatory placement, at his or her own expense, of an ignition interlock device approved by the department in the same manner as devices approved by the department in accordance with s.
316.1938 for 1 continuous year Page 11 of 17 CODING:
CS for SB 260 First Engrossed 2024260e1 instead of such suspension, the driver agrees to placement, at his or her own expense, of an ignition interlock device approved by the department in accordance with s.
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 for a first refusal on all vehicles that he or she individually or jointly leases or owns and routinely operates when he or she qualifies for reinstatement of a permanent or restricted driver license;
316.1938 for 1 continuous year on all vehicles that he or she individually or jointly leases or owns and routinely operates, or for a period of 18 months if his or her driving privilege has been previously suspended as a result of a refusal to submit to such a test;
b.
or b.
The driver refused to submit to a lawful blood or urine test and his or her driving privilege is suspended for 1 year for a first refusal or for 18 months if his or her driving privilege has been previously suspended as a result of a refusal to submit to such a test;
or c.b.
A driver who requests a formal or informal review of the suspension for a first-time refusal of a lawful breath, blood, or urine test waives the privilege to agree to the placement, at his or her expense of an ignition interlock device approved by the department for 1 year on all vehicles that he or she individually or jointly leases or owns and routinely operates if the driver requests a formal or informal review of the suspension for a first-time refusal of a lawful breath, blood, or urine test.
Page 12 of 21 CODING:
Words stricken are deletions;
words underlined are additions.
CS for SB 260 First Engrossed 2024260e1 5.
If the driver agrees to the placement, at his or her own expense, of a department-approved ignition interlock device approved by the department in accordance with s.
316.1938 for 1 year on all vehicles that he or she individually or jointly leases or owns and routinely operates instead of a 1-year suspension for a first-time refusal of a lawful breath, blood, or urine test, the driver must notify the department of his or her agreement to the installation of an ignition interlock device and must have the ignition interlock device installed in such vehicles within 10 days after the date of the issuance of the notice of suspension.
If the driver agrees to the placement of an ignition interlock device, such placement shall be entered on the driver’s record and have the same effect as suspension for failure to submit to a lawful test of breath, blood, or urine.
6.4.
7.5.
5.
(3) If the department determines that the license should be suspended pursuant to this section and if the notice of suspension has not already been served upon the person by a law enforcement officer or correctional officer as provided in subsection (1), the department shall issue a notice of suspension and, unless the notice is mailed pursuant to s.
(12) If a person whose driver license is suspended for refusal to submit to a lawful breath test has such suspension Page 12 of 17 CODING:
322.251, a temporary permit that expires 10 days after the date of issuance if the driver is otherwise eligible.
The notice shall also inform the driver that his or her driving privilege Page 13 of 21 CODING:
CS for SB 260 First Engrossed 2024260e1 is suspended unless, instead of such suspension, the driver agrees to placement, at his or her own expense, of a department- approved ignition interlock device in accordance with s.
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 invalidated for any reason under this section, the requirement that he or she install an ignition interlock device for refusal to submit to a lawful test of his or her breath under s.
316.1938 for 1 continuous year on all vehicles that he or she individually or jointly leases or owns and routinely operates.
316.1939(1) is waived.
(10) A person whose driver license is suspended under subsection (1) or subsection (3) may apply for issuance of a license for business or employment purposes only if the person is otherwise eligible for the driving privilege pursuant to s.
322.271.
(a) If the suspension of the driver license of the person for failure to submit to a breath, urine, or blood test is sustained, the person is not eligible to receive a license for business or employment purposes only, pursuant to s.
322.271, until 90 days have elapsed after the expiration of the last temporary permit issued and the person has had a department- approved ignition interlock device in accordance with s.
316.1938 installed for 1 continuous year, at the person’s own expense, on all vehicles that he or she individually or jointly leases or owns and routinely operates.
If the driver is not issued a 10-day permit pursuant to this section or s.
322.64 because he or she is ineligible for the permit and the suspension for failure to submit to a breath, urine, or blood test is not invalidated by the department, the driver is not eligible to receive a business or employment license pursuant to s.
322.271 until 90 days have elapsed from the date of the suspension and has had a department-approved ignition interlock device in accordance with s.
316.1938 installed for 1 continuous year, at the person’s own expense, on all vehicles that he or Page 14 of 21 CODING:
Words stricken are deletions;
words underlined are additions.
CS for SB 260 First Engrossed 2024260e1 she individually or jointly leases or owns and routinely operates.
(14) (b) The disposition of any related criminal proceedings does not affect a suspension or ignition interlock placement for refusal to submit to a blood, breath, or urine test imposed under this section.
Subsections (2) and (4), paragraph (b) of subsection (8), and subsections (11) and (15) of section 322.2616, Florida Statutes, are amended to read:
Present subsections (13) through (19) of section 322.2616, Florida Statutes, are redesignated as subsections (14) through (20), respectively, subsection (2) of that section is amended, and a new subsection (13) is added to that section, to read:
The driver refused to submit to a lawful breath test and his or her driving privilege is suspended for a period of 1 year for a first refusal unless, instead of such suspension, the driver agrees to placement, at his or her own expense, of a Page 15 of 21 CODING:
The driver refused to submit to a lawful breath test and his or her driving privilege is suspended for a period of 1 year for a first refusal or for a period of 18 months if his or her driving privilege has been previously suspended as provided in this section as a result of a refusal to submit to a test, Page 13 of 17 CODING:
CS for SB 260 First Engrossed 2024260e1 department-approved ignition interlock device in accordance with s.
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 and he or she is subject to mandatory placement, at his or her own expense, of an ignition interlock device approved by the department in the same manner as devices approved by the department in accordance with s.
316.1938 for 1 continuous year on all vehicles that he or she individually or jointly leases or owns and routinely operates, or for a period of 18 months if his or her driving privilege has been previously suspended as provided in this section as a result of a refusal to submit to a test;
316.1938 for 1 continuous year for a first refusal on all vehicles that he or she individually or jointly leases or owns and routinely operates when he or she qualifies for reinstatement of a permanent or restricted driver license;
A driver who requests a formal or informal review of the suspension for a first-time refusal of a lawful breath or blood test waives the privilege to agree to the placement, at his or her own expense, of a department-approved ignition interlock device for 1 year on all vehicles that he or she individually or jointly leases or owns and routinely operates.
A temporary permit issued at the time of the issuance of the notice of suspension shall not become effective until after 12 hours have elapsed and will expire at midnight of the 10th day following the date of issuance.
If the driver agrees to the placement, at his or her own expense, of a department-approved ignition interlock device in accordance with s.
The driver may submit to the department any materials relevant to the suspension of his or her license.
316.1938 for 1 year on all vehicles that he Page 16 of 21 CODING:
(c) When a driver subject to this section has a blood- Page 14 of 17 CODING:
CS for SB 260 First Engrossed 2024260e1 or she individually or jointly leases or owns and routinely operates instead of a 1-year suspension for a first-time refusal of a lawful blood-alcohol or breath-alcohol test, the driver must notify the department of his or her agreement to the installation of an ignition interlock device and must have the ignition interlock device installed in such vehicles within 10 days after the date of the issuance of the notice of suspension.
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 alcohol or breath-alcohol level of 0.05 or higher, the suspension shall remain in effect until such time as the driver has completed a substance abuse course offered by a DUI program licensed by the department.
If the driver agrees to the placement of an ignition interlock device, such placement shall be entered on the driver’s record and have the same effect as suspension for failure to submit to a lawful test of blood-alcohol or breath-alcohol.
6.4.
A temporary permit issued at the time of the issuance of the notice of suspension shall not become effective until after 12 hours have elapsed and will expire at midnight of the 10th day following the date of issuance.
7.5.
The driver may submit to the department any materials relevant to the suspension of his or her license.
(c) When a driver subject to this section has a blood- alcohol or breath-alcohol level of 0.05 or higher, the suspension shall remain in effect until such time as the driver has completed a substance abuse course offered by a DUI program licensed by the department.
If a driver fails to complete the Page 17 of 21 CODING:
If a driver fails to complete the substance abuse education course and evaluation, the driver license shall not be reinstated by the department.
Words stricken are deletions;
words underlined are additions.
CS for SB 260 First Engrossed 2024260e1 substance abuse education course and evaluation, the driver license shall not be reinstated by the department.
(4) If the department finds that the license of the person should be suspended under this section and if the notice of suspension has not already been served upon the person by a law enforcement officer or correctional officer as provided in subsection (2), the department shall issue a notice of suspension and, unless the notice is mailed under s.
(13) If a person whose driver license is suspended for refusal to submit to a lawful breath test has such suspension invalidated for any reason under this section, the requirement that he or she install an ignition interlock device for refusal to submit to a lawful test of his or her breath under s.
322.251, a temporary driving permit that expires 10 days after the date of issuance if the driver is otherwise eligible.
316.1939(1) is waived.
The notice shall also inform the driver that his or her driving privilege is suspended unless, instead of such suspension, the driver agrees to placement, at his or her own expense, of a department- approved ignition interlock device in accordance with s.
316.1938 for 1 continuous year on all vehicles that he or she individually or jointly leases or owns and routinely operates.
The department shall terminate the suspension effective on the date of ignition interlock device placement on such vehicles.
(8) In a formal review hearing under subsection (7) or an informal review hearing under subsection (5), the hearing officer shall determine by a preponderance of the evidence whether sufficient cause exists to sustain, amend, or invalidate the suspension.
The scope of the review is limited to the Page 18 of 21 CODING:
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words underlined are additions.
CS for SB 260 First Engrossed 2024260e1 following issues:
(b) If the license was suspended because of the individual’s refusal to submit to a breath test:
1.
Whether the law enforcement officer had probable cause to believe that the person was under the age of 21 and was driving or in actual physical control of a motor vehicle in this state with any blood-alcohol or breath-alcohol level or while under the influence of alcoholic beverages.
2.
Whether the person was under the age of 21.
3.
Whether the person refused to submit to a breath test after being requested to do so by a law enforcement officer or correctional officer.
4.
Whether the person was told that if he or she refused to submit to a breath test his or her privilege to operate a motor vehicle would be suspended for a period of 1 year unless the driver agrees to placement, at his or her own expense, of a department-approved ignition interlock device in accordance with s.
316.1938 for 1 continuous year on all vehicles that he or she individually or jointly leases or owns and routinely operates, or, in the case of a second or subsequent refusal, for a period of 18 months.
(11) A person whose driver license is suspended under subsection (2) or subsection (4) may apply for issuance of a license for business or employment purposes only, pursuant to s.
322.271, if the person is otherwise eligible for the driving privilege.
However, such a license may not be issued until 30 days have elapsed after the expiration of the last temporary driving permit issued under this section and, if the suspension is for a first-time refusal of a blood-alcohol, breath-alcohol, Page 19 of 21 CODING:
Words stricken are deletions;
words underlined are additions.
CS for SB 260 First Engrossed 2024260e1 or urine test and such suspension was affirmed in a formal or informal hearing, such person must have an ignition interlock device installed as approved by the department in the same manner as devices approved by the department in accordance with s.
316.1938 for 1 year on all vehicles that he or she individually or jointly leases or owns and routinely operates.
(15) The decision of the department under this section shall not be considered in any trial for a violation of s.
316.193, nor shall any written statement submitted by a person in his or her request for departmental review under this section be admissible into evidence against him or her in any such trial.
The disposition of any related criminal proceedings shall not affect a suspension or ignition interlock placement imposed under this section.
Present subsection (5) of section 322.2715, Florida Statutes, is redesignated as subsection (6), a new subsection (5) is added to that section, and subsection (1) of that section is amended, to read:
Present subsection (5) of section 322.2715, Florida Statutes, is redesignated as subsection (6), subsection (1) of that section is amended, and a new subsection (5) is added to that section, to read:
322.2715 Ignition interlock device.— (1) Before issuing a permanent or restricted driver license under this chapter, the department shall require the placement of a department-approved ignition interlock device for any person convicted of committing an offense of driving under the influence as specified in subsection (3), or for any person who refused to submit to a lawful test of his or her breath as specified in subsection (5) and who chooses ignition interlock placement in lieu of suspension of the person’s privilege to operate a motor vehicle for a period of 1 year, except that consideration may be given to those individuals having a Page 20 of 21 CODING:
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CS for SB 260 First Engrossed 2024260e1 documented medical condition that would prohibit the device from functioning normally.
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 322.2715 Ignition interlock device.— (1) Before issuing a permanent or restricted driver license under this chapter, the department shall require the placement of a department-approved ignition interlock device for any person convicted of committing an offense of driving under the influence as specified in subsection (3), or for any person who refused to submit to a lawful test of his or her breath as specified in subsection (5), except that consideration may be given to those individuals having a documented medical condition that would prohibit the device from functioning normally.
If a medical waiver has been approved for a convicted person seeking permanent reinstatement of the driver license, the convicted person must be restricted to an employment-purposes-only license and be supervised by a licensed DUI program until the required ignition interlock device installation period under subsection (3) or subsection (5) expires.
If a medical waiver has been approved for a convicted person seeking permanent reinstatement of the driver license, the convicted person must be restricted to an employment- purposes-only license and be supervised by a licensed DUI program until the required ignition interlock device installation period under subsection (3) or subsection (5) expires.
316.1932(1)(a)1.a., and it is the first time he or she refused to submit to a lawful test of his or her breath, in lieu of suspension of the person’s privilege to operate a motor vehicle for a period of 1 year, the person may choose to install, at his or her own expense, a department-approved ignition interlock device on all vehicles individually or jointly leased or owned and routinely operated by the person for 1 continuous year.
316.1932(1)(a)1.a., he or she must install, at his or her own expense, an ignition interlock device on all vehicles individually or jointly leased or owned and routinely operated by the person for 1 continuous year for a Page 16 of 17 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 first refusal upon reinstatement of a permanent or restricted driver license.
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Action History

  1. Died on Third Reading Calendar

  2. Temporarily postponed, on 3rd Reading

  3. Added to Third Reading Calendar

  4. Amendment 125527 engrossed amendment (replaces 210753, 710871)

  5. Added to Third Reading Calendar

  6. Placed on 3rd reading

  7. Amendment 210753 adopted as amended

  8. Amendment 710871 adopted

  9. Read 2nd time

  10. Temporarily postponed, on 2nd Reading

  11. 1st Reading (Engrossed 1)

  12. Bill added to Special Order Calendar (3/5/2024)

  13. Bill referred to House Calendar

  14. In Messages

  15. CS passed as amended; YEAS 32 NAYS 1

  16. Read 3rd time

  17. Amendment(s) adopted (285008)

  18. Read 2nd time

  19. Retained on Special Order Calendar

  20. Retained on Special Order Calendar

  21. Placed on Special Order Calendar, 02/28/24

  22. Placed on Calendar, on 2nd reading

  23. Favorable by- Fiscal Policy; YEAS 19 NAYS 1

  24. On Committee agenda-- Fiscal Policy, 02/07/24, 3:30 pm, 412 Knott Building

  25. CS by Criminal Justice read 1st time

  26. Now in Fiscal Policy

  27. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  28. CS by Criminal Justice; YEAS 8 NAYS 0

  29. On Committee agenda-- Criminal Justice, 01/23/24, 1:00 pm, 37 Senate Building

  30. Introduced

  31. Now in Criminal Justice

  32. Favorable by Transportation; YEAS 6 NAYS 0

  33. On Committee agenda-- Transportation, 12/13/23, 11:00 am, 110 Senate Building

  34. Referred to Transportation; Criminal Justice; Fiscal Policy

  35. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 161 not signed on · 1 voted No

Sponsors (2)

Co-sponsors (1)

Not signed on (161)

161 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 32 Yea · 1 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 17005
Democrat 5001
Unaffiliated 9101
No Party Affiliation 1000
Total 32107
% of votes cast 80%3%0%18%
How each member voted (40)
Member Party Vote
Powell — Yea
Baxley — Not Voting
Book — Yea
Stewart — Yea
Hutson — Yea
Ingoglia — Yea
Torres — Yea
Broxson — Yea
Collins — Yea
Perry — Yea
Thompson, Geraldine F. "Geri" — Nay
Berman, Lori Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Not Voting
Osgood, Rosalind Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Yea
Grall, Erin Republican Not Voting
Gruters, Joe Republican Not Voting
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Martin, Jonathan Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Not Voting
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Not Voting
Vacant Republican Not Voting
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable

Passed 19 Yea · 1 Nay
Party YeaNayPresentNot Voting
Republican 12000
Democrat 3000
Unaffiliated 4100
Total 19100
% of votes cast 95%5%0%0%
How each member voted (20)
Member Party Vote
Collins — Yea
Torres — Yea
Stewart — Yea
Hutson — Yea
Thompson, Geraldine F. "Geri" — Nay
Berman, Lori Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Yea
Mayfield, Debbie Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3000
No Party Affiliation 1000
Democrat 1000
Republican 3000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Ingoglia — Yea
Perry — Yea
Powell — Yea
Polsky, Tina Scott Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Bradley, Jennifer Republican Yea
Martin, Jonathan Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 260 do?
Refusal to Submit to a Breath, Urine, or Blood Test; Requiring that a person arrested for driving or being in actual physical control of a motor vehicle while under the influence who refuses to submit to a lawful test of his or her breath incidental to a lawful arrest be told that he or she is subject, for a first refusal, to the suspension of the privilege to operate a motor vehicle unless the person agrees to the placement for a specified timeframe, at the person’s own expense, of an ignition interlock device on all vehicles that are individually or jointly leased or owned and routinely operated by the person for 1 continuous year; specifying application of prohibitions and penalties; prohibiting eligibility to receive a license until certain actions are performed, etc.
Who sponsors SB 260?
SB 260 is sponsored by Criminal Justice, DiCeglie, Nick (Republican), and Hooper, Ed (Republican).
What is the current status of SB 260?
This bill died with 2024 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 260?
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