SB 260 — Refusal to Submit to a Breath, Urine, or Blood Test
Last action — Died on Third Reading Calendar
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed514 line(s) added, 662 removed.
Florida Senate - 2024 CS for SB 260 FirstBy Engrossedthe 2024260e1Committee Aon billCriminal toJustice; be entitled An act relating to refusal to submit to a breath, urine, or blood test;
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 incidentalincident to a lawful arrest be told that he or she is subject,subject for a first refusal, to themandatory suspensionplacement, of the privilege to operate a motor vehicle unless the person agrees to the placement for a specified timeframe,period, 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 personperson; for 1 continuous year;
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 thebe suspensionsubject of the privilege to operatemandatory aplacement, motor vehicle for a specified periodperiod, 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 personperson; for 1 continuous year when the person qualifies for reinstatement of a permanent or restricted driver license;
providing applicability;
requiring reporting to the PageDepartment 1 of 21Highway CODING: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;
prohibitingwaiving eligibilitythe torequirement receivefor athe licenseinstallation untilof certainan actionsignition areinterlock performed;device under certain circumstances;
providing construction;
requiring that a notice of suspension issued to persons younger than a specified agePage contain1 certainof information;17 CODING:
requiringWords thatstricken aare certaindeletions; notice of suspension include certain information;
revisingwords theunderlined scopeare ofadditions. a formal review hearing;
revisingFlorida theSenate requirements- for2024 issuanceCS offor aSB license260 after591-02394-24 the2024260c1 lastage temporarycontain drivingcertain permitinformation; was issued;
requiringwaiving the departmentrequirement tofor terminate the suspensioninstallation effective on the date of an ignition interlock device placementunder oncertain suchcircumstances; vehicles;
Paragraph (a) of subsection (1) of section Page316.1932, 2Florida ofStatutes, 21is CODING:amended to read:
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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 hasPage reasonable2 cause to believe such person was driving or was in actual physical control of the17 motorCODING: 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, 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:
Florida Senate - 2024 CS for SB 260 First591-02394-24 Engrossed2024260c1 2024260e1has privilegereasonable ofcause to believe such person haswas beendriving previouslyor suspendedwas orin ifactual hephysical orcontrol sheof hasthe previouslymotor beenvehicle finedwithin this state while under s.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,Page in3 additionof to17 anyCODING: other penalties provided by law.
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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, Pagemobile 4or otherwise, which is equipped to administer such tests at the request of 21a CODING: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.
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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 vehiclePage for4 a period of 117 yearCODING: 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.
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Show all 182 changed lines (142 more)
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 Pageis 5admissible ofinto 21evidence CODING:in any criminal proceeding.
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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 locatedPage in5 thisof chapter17 andCODING: chapters 322 and 327.
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words underlined are additions.
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 located in this chapter and chapters 322 and 327.
Pagef. 6 of 21 CODING:
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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 actionPage for6 the purpose of chapter17 120.CODING:
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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 Pagebreath 7alcohol oftesting 21and CODING: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 toPage read:7 of 17 CODING:
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words underlined are additions.
Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 to read:
is subject,subject for a first refusal, to suspensionmandatory 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.
The ignition interlock device placement period Pagerequired 8by ofthis 21subsection CODING:may run concurrently with any other ignition interlock device placement period required by a court or the department.
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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, orPage blood8 requiredof under17 thisCODING: chapter or chapter 327, and:
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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,that:, if1. 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:
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:
Florida Senate - 2024 CS for SB 260 First591-02394-24 Engrossed2024260c1 2024260e1previously refusal,been forfined aunder periods. of 18 months;
(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:
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CS for SB 260 First Engrossed 2024260e1 choose to obtain a hardship license or choose to reinstate their license with an ignition interlock device.
SubsectionsPresent (1)subsections and(12) (3),through paragraph(16) (a) of subsectionsection (10),322.2615, andFlorida paragraphStatutes, (b)are ofredesignated as subsections (13) through (17), respectively, subsection (14)(1) of that section 322.2615,is Floridaamended, Statutes,and area amendednew subsection (12) is added to that section, to read:
right to review.— (1)(a)Page A10 law enforcement officer or correctional officer shall, on behalf of the17 department,CODING: 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.
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,or Pagefor 11a period of 2118 CODING: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:
Florida Senate - 2024 CS for SB 260 First591-02394-24 Engrossed2024260c1 2024260e1for insteada offirst suchrefusal suspension,on theall drivervehicles agreesthat tohe placement,or atshe hisindividually or herjointly ownleases expense,or ofowns anand ignitionroutinely interlockoperates devicewhen approvedhe byor theshe departmentqualifies infor accordancereinstatement withof s.a permanent or restricted driver license;
316.1938b. 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;
The driver refused to submit to a lawful blood or b.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:
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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)(12) If thea departmentperson determineswhose thatdriver the license shouldis be suspended pursuantfor refusal to thissubmit sectionto anda iflawful thebreath noticetest of suspension has notsuch alreadysuspension beenPage served12 upon the person by a law enforcement officer or correctional officer as provided in subsection (1), the department shall issue a notice of suspension17 and,CODING: unless the notice is mailed pursuant to s.
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:
Florida Senate - 2024 CS for SB 260 First591-02394-24 Engrossed2024260c1 2024260e1invalidated isfor suspendedany unless,reason insteadunder ofthis suchsection, suspension, the driverrequirement agreesthat tohe placement,or atshe hisinstall oran herignition owninterlock expense,device offor refusal to submit to a department-lawful approvedtest ignitionof interlockhis deviceor inher accordancebreath withunder s.
316.1938316.1939(1) foris 1waived. continuous year on all vehicles that he or she individually or jointly leases or owns and routinely operates.
(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:
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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.
SubsectionsPresent (2)subsections and(13) (4),through paragraph(19) (b) of subsectionsection (8),322.2616, andFlorida Statutes, are redesignated as subsections (11)(14) andthrough (15)(20), respectively, subsection (2) of that section 322.2616,is Floridaamended, Statutes,and area amendednew 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,or insteadfor a period of such18 suspension,months theif driverhis agreesor toher placement,driving atprivilege hishas orbeen herpreviously ownsuspended expense,as provided in this section as a result of a refusal to submit to a test, Page 1513 of 2117 CODING:
Florida Senate - 2024 CS for SB 260 First591-02394-24 Engrossed2024260c1 2024260e1and department-approvedhe 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 for a first refusal on all vehicles that he or she individually or jointly leases or owns and routinely operates,operates orwhen forhe a period of 18 months if his or hershe drivingqualifies privilegefor hasreinstatement been previously suspended as provided in this section as a result of a refusalpermanent toor submitrestricted todriver alicense; test;
A drivertemporary whopermit requestsissued aat formalthe ortime informal review of the suspensionissuance forof athe first-timenotice refusal of asuspension lawfulshall breathnot orbecome bloodeffective testuntil waivesafter the12 privilegehours tohave agreeelapsed toand thewill placement,expire at hismidnight or her own expense, of athe department-approved10th ignitionday interlockfollowing devicethe fordate 1of yearissuance. on all vehicles that he or she individually or jointly leases or owns and routinely operates.
IfThe the driver agreesmay submit to the placement,department atany hismaterials orrelevant herto ownthe expense,suspension of ahis department-approvedor ignitionher interlocklicense. device in accordance with s.
316.1938(c) forWhen 1a yeardriver onsubject allto vehiclesthis thatsection hehas a blood- Page 1614 of 2117 CODING:
CSFlorida forSenate SB- 2602024 FirstCS Engrossed 2024260e1 or she individually or jointly leases or owns and routinely operates instead of a 1-year suspension for aSB first-time260 refusal591-02394-24 of2024260c1 aalcohol lawful blood-alcohol or breath-alcohol test,level the driver must notify the department of his0.05 or herhigher, agreement to the installationsuspension ofshall anremain ignitionin interlockeffect deviceuntil andsuch musttime haveas the ignitiondriver interlockhas devicecompleted installeda insubstance suchabuse vehiclescourse withinoffered 10by daysa afterDUI theprogram datelicensed ofby the issuancedepartment. 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 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 Pagesubstance 17abuse ofeducation 21course CODING: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)(13) If thea departmentperson findswhose thatdriver the license ofis the person should be suspended underfor thisrefusal sectionto andsubmit ifto thea noticelawful ofbreath suspensiontest has notsuch alreadysuspension beeninvalidated servedfor uponany thereason personunder bythis asection, lawthe enforcementrequirement officerthat he or correctionalshe officerinstall asan providedignition ininterlock subsectiondevice (2),for therefusal departmentto shallsubmit issueto a noticelawful test of suspensionhis and,or unlessher thebreath notice is mailed under s.
322.251,316.1939(1) a temporary driving permit that expires 10 days after the date of issuance if the driver is otherwisewaived. eligible.
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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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)(1) isof addedthat tosection thatis section,amended, and a new subsection (1)(5) ofis thatadded sectionto isthat amended,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 2015 of 2117 CODING:
Florida Senate - 2024 CS for SB 260 First591-02394-24 Engrossed2024260c1 2024260e1322.2715 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-onlyemployment- 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 refusedmust 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, aan department-approved ignition interlock device on all vehicles individually or jointly leased or owned and routinely operated by the person for 1 continuous year.year for a Page 16 of 17 CODING:
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Florida Senate - 2024 CS for SB 260 591-02394-24 2024260c1 first refusal upon reinstatement of a permanent or restricted driver license.
Page 2117 of 2117 CODING:
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Action History
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Died on Third Reading Calendar
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Temporarily postponed, on 3rd Reading
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Added to Third Reading Calendar
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Amendment 125527 engrossed amendment (replaces 210753, 710871)
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Added to Third Reading Calendar
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Placed on 3rd reading
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Amendment 210753 adopted as amended
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Amendment 710871 adopted
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Read 2nd time
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Temporarily postponed, on 2nd Reading
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1st Reading (Engrossed 1)
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Bill added to Special Order Calendar (3/5/2024)
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Bill referred to House Calendar
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In Messages
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CS passed as amended; YEAS 32 NAYS 1
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Read 3rd time
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Amendment(s) adopted (285008)
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Read 2nd time
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Retained on Special Order Calendar
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Retained on Special Order Calendar
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Placed on Special Order Calendar, 02/28/24
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Placed on Calendar, on 2nd reading
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Favorable by- Fiscal Policy; YEAS 19 NAYS 1
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On Committee agenda-- Fiscal Policy, 02/07/24, 3:30 pm, 412 Knott Building
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CS by Criminal Justice read 1st time
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Now in Fiscal Policy
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Criminal Justice; YEAS 8 NAYS 0
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On Committee agenda-- Criminal Justice, 01/23/24, 1:00 pm, 37 Senate Building
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Introduced
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Now in Criminal Justice
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Favorable by Transportation; YEAS 6 NAYS 0
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On Committee agenda-- Transportation, 12/13/23, 11:00 am, 110 Senate Building
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Referred to Transportation; Criminal Justice; Fiscal Policy
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Filed
Sponsors
- Criminal Justice · Primary
- Nick DiCeglie · Primary
- Ed Hooper · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 1 co-sponsors · 161 not signed on · 1 voted No
Sponsors (2)
- Criminal Justice
- DiCeglie, Nick Republican
Co-sponsors (1)
- Hooper, Ed Republican
Not signed on (161)
161 members have not signed on to this bill.
Show all 161 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 17 | 0 | 0 | 5 |
| Democrat | 5 | 0 | 0 | 1 |
| Unaffiliated | 9 | 1 | 0 | 1 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Total | 32 | 1 | 0 | 7 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 12 | 0 | 0 | 0 |
| Democrat | 3 | 0 | 0 | 0 |
| Unaffiliated | 4 | 1 | 0 | 0 |
| Total | 19 | 1 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 0 | 0 | 0 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 0 | 0 | 0 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Torres | — | Yea |
| Davis, Tracie | Democrat | Yea |
| DiCeglie, Nick | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
Subjects
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?
- Track SB 260 free on One Click Politics — get push/email alerts when it moves.
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