Florida 2024 Regular Session Status: In Committee 1 R cosponsors

SB 232 — Driving Under the Influence

Last action — Died in Appropriations Committee on Criminal and Civil Justice

  1. ✓
    Introduced
  2. 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 “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

Driving Under the Influence; Requiring that a person be told that his or her failure to submit to a lawful test of breath or urine is a second degree misdemeanor or a first degree misdemeanor under certain circumstances; classifying a person’s refusal to submit to a chemical or physical test of breath or urine as a second degree misdemeanor or a first degree misdemeanor under certain circumstances; authorizing judicial circuits to create a driving under the influence diversion program; providing penalties for specified violations of driving while a license or driving privilege is canceled, suspended, or revoked or under suspension or revocation equivalent status, etc.

Bill Text

What changed in the latest version

369 added · 323 removed

369 line(s) added, 323 removed.

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Florida Senate - 2024 SB 232 By Senator Wright 8-00132-24 2024232__ A bill to be entitled An act relating to driving under the influence;
Florida Senate - 2024 CS for SB 232 By the Committee on Criminal Justice;
and Senator Wright 591-02390-24 2024232c1 A bill to be entitled An act relating to driving under the influence;
316.193, F.S.;
prohibiting a trial court judge from accepting specified pleas when a person is charged with the offense of driving under the influence unless specified conditions are met;
amending s.
Page 1 of 11 CODING:
amending s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 232 8-00132-24 2024232__ amending s.
amending s.
322.34, F.S.;
providing Page 1 of 12 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 232 591-02390-24 2024232c1 penalties for specified violations of driving while a license or driving privilege is canceled, suspended, or revoked or under suspension or revocation equivalent status;
making technical changes;
Subsection (15) is added to section 316.193, Florida Statutes, to read:
316.193 Driving under the influence;
penalties.— (15) A trial court judge may not accept a plea of guilty or no contest to a reduced charge, including a charge of reckless driving brought under s.
316.192, from a person charged with a violation of subsection (1) unless at least one of the following applies:
(a) The trial court judge determines that there is a good faith basis to believe that a reduction in such charge is warranted.
(b) The defendant successfully completes a driving under the influence diversion program in accordance with s.
316.19395.
Section 2.
A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of Page 2 of 11 CODING:
A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 232 8-00132-24 2024232__ his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages.
The person must shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of his or her the person’s privilege to operate a motor vehicle as provided in s.
The person must shall be Page 2 of 12 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 232 591-02390-24 2024232c1 told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of his or her the person’s privilege to operate a motor vehicle as provided in s.
Page 3 of 11 CODING:
775.083, if his or her driving privilege has been previously suspended or if he or she has previously been fined under s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 232 8-00132-24 2024232__ 775.083, if his or her driving privilege has been previously suspended or if he or she has previously been fined under s.
A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to a urine test for the purpose of detecting the presence of chemical substances as set forth in s.
A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to a urine test for the purpose of detecting Page 3 of 12 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 232 591-02390-24 2024232c1 the presence of chemical substances as set forth in s.
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The administration of a Page 4 of 11 CODING:
The administration of a urine 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 urine will result in the suspension of his or her 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.
327.35215 as a result of a refusal to submit to a test or tests required under this chapter or chapter 327, and must shall also be told that if he or she refuses to submit to a lawful test of his or her urine and his or her driving privilege has been previously suspended or if he Page 4 of 12 CODING:
Florida Senate - 2024 SB 232 8-00132-24 2024232__ urine test does not preclude the administration of another type of test.
Florida Senate - 2024 CS for SB 232 591-02390-24 2024232c1 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 his or her 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.
327.35215 as a result of a refusal to submit to a test or tests required under this chapter or chapter 327, and must shall also be told that if he or she refuses to submit to a lawful test of his or her urine and his or her driving privilege has been previously suspended or if he or she has previously been fined under s.
The Alcohol Testing Program within the Department of Law Enforcement is responsible for the regulation of the operation, inspection, and registration of breath test instruments utilized Page 5 of 11 CODING:
The Alcohol Testing Program within the Department of Law Enforcement is responsible for the regulation of the operation, inspection, and registration of breath test instruments 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.
Florida Senate - 2024 SB 232 8-00132-24 2024232__ under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327.
Establish uniform criteria for the issuance of permits to breath test operators, agency inspectors, instructors, blood analysts, and instruments.
Establish uniform criteria for the issuance of permits Page 5 of 12 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 232 591-02390-24 2024232c1 to breath test operators, agency inspectors, instructors, blood analysts, and instruments.
Have the authority to approve or disapprove breath test instruments and accompanying paraphernalia for use pursuant to the driving and boating under the influence provisions and Page 6 of 11 CODING:
Have the authority to approve or disapprove breath test instruments and accompanying paraphernalia for use pursuant to 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.
Florida Senate - 2024 SB 232 8-00132-24 2024232__ related provisions located in this chapter and chapters 322 and 327.
k.
Page 6 of 12 CODING:
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words underlined are additions.
Florida Senate - 2024 CS for SB 232 591-02390-24 2024232c1 k.
Have the authority to approve repair facilities for the approved breath test instruments, including the authority to set Page 7 of 11 CODING:
Have the authority to approve repair facilities for the approved breath test instruments, including the authority to set criteria for approval.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 232 8-00132-24 2024232__ criteria for approval.
Section 3.
Section 2.
penalties.— (1) A person who has refused to submit to a chemical or physical test of his or her breath or urine, as described in s.
penalties.— (1) A person who has refused to submit to a chemical or Page 7 of 12 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 232 591-02390-24 2024232c1 physical test of his or her breath or urine, as described in s.
(b) The person Who was placed under lawful arrest for a Page 8 of 11 CODING:
(b) The person Who was placed under lawful arrest for a violation of s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 SB 232 8-00132-24 2024232__ violation of s.
316.1932, if his or her driving privilege has been previously suspended or if he or she has previously been fined under s.
316.1932, if his or her driving privilege has been previously suspended or if he or she has previously been Page 8 of 12 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 232 591-02390-24 2024232c1 fined under s.
The department’s Page 9 of 11 CODING:
The department’s records showing that a person’s license has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood are shall be admissible and create shall create a rebuttable presumption of such suspension.
Words stricken are deletions;
Section 3.
words underlined are additions.
Florida Senate - 2024 SB 232 8-00132-24 2024232__ records showing that a person’s license has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood are shall be admissible and create shall create a rebuttable presumption of such suspension.
Section 4.
(2) Each judicial circuit that offers a diversion program under this section shall notify the department of each person who successfully completes the program.
Page 9 of 12 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 232 591-02390-24 2024232c1 (2) Each judicial circuit that offers a diversion program under this section shall notify the department of each person who successfully completes the program.
Section 5.
Section 4.
Page 10 of 11 CODING:
Section 5.
Subsection (2) of section 322.34, Florida Statutes, is amended to read:
322.34 Driving while license suspended, revoked, canceled, or disqualified.— (2) Any person whose driver license or driving privilege has been canceled, suspended, or revoked as provided by law, or who does not have a driver license or driving privilege but is under suspension or revocation equivalent status as defined in s.
322.01(42), except persons defined in s.
322.264, who, knowing of such cancellation, suspension, revocation, or suspension or revocation equivalent status, drives any motor vehicle upon the highways of this state while such license or Page 10 of 12 CODING:
Florida Senate - 2024 SB 232 8-00132-24 2024232__ Section 6.
Florida Senate - 2024 CS for SB 232 591-02390-24 2024232c1 privilege is canceled, suspended, or revoked, or while under suspension or revocation equivalent status, commits:
(a) A misdemeanor of the second degree, punishable as provided in s.
775.082 or s.
775.083.
(b)1.
A misdemeanor of the first degree, punishable as provided in s.
775.082 or s.
775.083, upon a second or subsequent conviction, except as provided in paragraph (c).
2.
A person convicted of a third or subsequent conviction, except as provided in paragraph (c), must serve a minimum of 10 days in jail.
(c) A felony of the third degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084, upon a third or subsequent conviction if the current violation of this section or the most recent prior violation of the section is related to driving while license canceled, suspended, revoked, or suspension or revocation equivalent status resulting from a violation of:
1.
Driving under the influence.
A person to whom this subparagraph applies must serve a minimum of 30 days in jail upon a first conviction, a minimum of 60 days in jail upon a second conviction, and a minimum of 90 days in jail upon a third or subsequent conviction;
2.
Refusal to submit to a urine, breath-alcohol, or blood alcohol test.
A person to whom this subparagraph applies must serve a minimum of 30 days in jail upon a first conviction, a minimum of 60 days in jail upon a second conviction, and a minimum of 90 days in jail upon a third or subsequent conviction;
3.
A traffic offense causing death or serious bodily Page 11 of 12 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 232 591-02390-24 2024232c1 injury;
or 4.
Fleeing or eluding.
The element of knowledge is satisfied if the person has been previously cited as provided in subsection (1);
or the person admits to knowledge of the cancellation, suspension, or revocation, or suspension or revocation equivalent status;
or the person received notice as provided in subsection (4).
There is shall be a rebuttable presumption that the knowledge requirement is satisfied if a judgment or an order as provided in subsection (4) appears in the department’s records for any case except for one involving a suspension by the department for failure to pay a traffic fine or for a financial responsibility violation.
Section 6.
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Action History

  1. Died in Appropriations Committee on Criminal and Civil Justice

  2. Now in Appropriations Committee on Criminal and Civil Justice

  3. CS by Criminal Justice read 1st time

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

  5. CS by Criminal Justice; YEAS 8 NAYS 0

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

  7. Introduced

  8. Referred to Criminal Justice; Appropriations Committee on Criminal and Civil Justice; Fiscal Policy

  9. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 162 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (162)

162 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

Favorable with Committee Substitute

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

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Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 232 do?
Driving Under the Influence; Requiring that a person be told that his or her failure to submit to a lawful test of breath or urine is a second degree misdemeanor or a first degree misdemeanor under certain circumstances; classifying a person’s refusal to submit to a chemical or physical test of breath or urine as a second degree misdemeanor or a first degree misdemeanor under certain circumstances; authorizing judicial circuits to create a driving under the influence diversion program; providing penalties for specified violations of driving while a license or driving privilege is canceled, suspended, or revoked or under suspension or revocation equivalent status, etc.
Who sponsors SB 232?
SB 232 is sponsored by Criminal Justice and Wright, Tom A. (Republican).
What is the current status of SB 232?
This bill died with 2024 Regular Session. It reached “In Committee” 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 232?
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