FL H0781

Trial courts may not accept a guilty or no contest plea to a reduced charge (including reckless driving) for a DUI offense unless the court finds a good faith basis for the reduction or the defendant successfully completes a DUI Diversion Program

A person's first refusal to submit to a lawful breath or urine test is reclassified from a first degree misdemeanor to a second degree misdemeanor; a second or subsequent refusal remains a first degree misdemeanor

Judicial circuits are authorized to create Driving Under the Influence Diversion Programs, with program terms and conditions required to be published on the participating state attorney's office website

Judicial circuits operating a DUI Diversion Program must report successful completions to the Department of Highway Safety and Motor Vehicles, which must notate the completion on the person's driving record; any subsequent DUI offense after program completion must be charged as if the person had a prior DUI conviction

Courts are prohibited from suspending, deferring, or withholding adjudication of guilt or imposition of sentence for violations of s. 316.193 (DUI) or s. 316.1939 (refusal to submit to testing), with an effective date of October 1, 2023