On 3/22/02 the Florida Legislature unanimously passed House Bill 1057 greatly affecting DUI laws. On April 7, 2002 Governor Bush signed the Bill. Below is a list of DUI laws that have either changed or will be new Florida DUI laws in July 2003.

Felony DUI

Felony DUI's have been expanded to include the following:
· A third DUI conviction that occurs within ten years of any prior DUI conviction shall be a third degree felony. (Effective 7/1/02)
· "Serious bodily injury" language of felony DUI statute is expanded to include the words "contributes to causing" in addition to "the former language that provides: "causes." (Effective 7/1/02)
· Amends Florida Criminal Punishment code F.S. Section 921.0022 to include a third time felony DUI conviction as a level three offense.

Ignition Interlock Devices

· A person convicted of a second DUI must obtain at his sole expense, an ignition interlock device on all vehicles in his name or in joint name with another, prior to obtaining a permanent or restricted license. (Not to be effective until 7/1/03) (Not court ordered. Presumably monitored by DHSMV.)
· Upon a third conviction within 10 years of any prior conviction, the court shall for a period of not less than two years order the installation of, an ignition interlock device at the Defendant's sole expense on all vehicles in the Defendant's name or in joint name with another person, at the time he qualifies for a permanent or restricted license. (Not to be effective until 7/1/03)
· Upon a third conviction outside of ten years of any prior conviction, the court shall for a period of not less than two years order the installation of, an ignition interlock device at the Defendant's sole expense on all vehicles in the Defendant's name or in joint name with another person, at the time he qualifies for a permanent or restricted license. (Not to be effective until 7/1/03)
· In 1st time DUI cases in which there involved minor children or an enhanced BAC, the court shall for a period of up to six months order the installation of, an ignition interlock device at the Defendant's sole expense on all vehicles in the Defendant's name or in joint name with another person, at the time he qualifies for a permanent or restricted license. And for a second conviction, involving the same contingencies, said interlock device shall be for a period of at least two years. (Not to be effective until 7/1/03)
· All references to probation have been deleted from F.S. Section 316.1937 as it formerly referenced the ignition interlock device. (Since probation is no longer a prerequisite to the mandatory requirement for the device.) Likewise, the driver now makes his reporting for purposes of proof of installation of the device to DHSMV.

Fines & Forms

· Maximum fine amounts (caps) associated with third or subsequent DUI's and DUI's involving minor children or enhanced BAC have been removed. (Effective 7/1/02)
· Requires the implementation of uniform arrest affidavit and alcohol influence report forms by all law enforcement agencies. (Effective 7/1/02 but requires implementation by 7/1/04.)
Refusal to Submit
· The words "Right to Refuse" have been stricken from F.S. Section 316.1932 (Effective 7/1/02)
· The following words have been added to Florida's Implied Consent Law:
"and shall also be told that if he or she refuses to submit (to breath or urine)...and they have suffered a previous suspension for a prior refusal...he or she commits a misdemeanor in addition to any other penalties." Note: Language likewise amended in same fashion where there is a request by law enforcement for blood. (Effective 7/1/02)
· F.S. Section 316.1939 was created to outline the necessary elements associated with the new criminal offense of misdemeanor refusal. (Misdemeanor of the first degree) A.) Refusal to submit to breath, blood, or urine; B.) Prior refusal; C.) Arresting officer has probable cause to believe the Defendant is DUI; D.) Defendant was placed under arrest for DUI; E.) The Defendant was read implied consent; F.) The Defendant was told that his refusal constituted a misdemeanor offense. Note: The statute also provides that the results of any DHSMV administrative proceeding to do not effect the criminal case and visa versa. (Effective 7/1/02)

Use of Reasonable Force(Where DUI associated with serious bodily injury or death)

· "The person shall submit" language has been amended to reflect "the officer shall require" the individual to submit a blood sample... (Effective 7/1/02)
· Language added to 316.1933 that allows law enforcement to require the submission of a blood sample without making a lawful arrest. (Effective 7/1/02)
Boating Under the Influence
· Tracks in many respects the new DUI legislation including the creation of a felony for a third offense and the creation of a misdemeanor for a second refusal. (Effective 7/1/02)