SB 138 Florida Senate · 2025 Regular Session

Driving and Boating Offenses

Summary

Driving and Boating Offenses; Citing this act as "Trenton’s Law"; prohibiting a person from driving or being in actual physical control of a vehicle while under the influence of any impairing substance; 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 state attorneys to create driving under the influence diversion programs, etc.

Issues: ✗ Criminal Justice

Bill status in committee 1 of 4 stages cleared

Introduction

Mar 2025

Committee Review

Floor Vote

Governor

Introduced Mar 4, 2025 Last action Apr 30, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

S 138 c1 → S 138 c2 · 7 edits

MODERATE

This bill updates Florida's DUI laws to strengthen penalties for repeat offenders, expand diversion program authority to state attorneys, and modernize testing procedures for both driving and boating offenses. The changes aim to improve public safety by increasing consequences for habitual offenders while providing clearer pathways for first-time offenders to avoid criminal records through diversion programs.

Scope change

The bill expands DUI diversion program authority from judicial circuits to state attorneys and adds new provisions for boating under the influence testing and penalties. It also clarifies penalties for driving with a suspended license when related to DUI violations.

ENFORCEMENT

Changed DUI diversion program authority from judicial circuits to state attorneys, allowing more flexibility in program creation and management.

Increased penalties for third DUI offense within 10 years from misdemeanor to felony of third degree, with mandatory 2-year ignition interlock device requirement.

Enhanced penalties for driving with suspended license when related to DUI violations, requiring minimum 30-60-90 days jail time for first, second, and third offenses respectively.

REQUIREMENT

Updated 'intoxicating substance' to 'impairing substance' throughout the bill to broaden coverage beyond alcohol to include other substances that impair driving ability.

Added new provisions for boating under the influence testing procedures and penalties, mirroring driving under the influence provisions.

TIMELINE

Set effective date of October 1, 2025, giving time for law enforcement agencies and courts to implement new procedures.

DEFINITION

Added explicit definition of 'unborn child' in DUI manslaughter provisions to clarify fetal protection under the law.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 20, 2025

Upper · Passed

Favorable by- Fiscal Policy; YEAS 18 NAYS 1

upper

Mar 17, 2025

Upper · Passed

On Committee agenda-- Fiscal Policy, 03/20/25, 9:00 am, 412 Knott Building

upper

Mar 7, 2025

Upper · Passed

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

upper

Mar 5, 2025

Upper · Passed

CS/CS by Appropriations Committee on Criminal and Civil Justice; YEAS 6 NAYS 2

upper

Mar 4, 2025

Introduced

upper

Feb 28, 2025

Upper · Passed

On Committee agenda-- Appropriations Committee on Criminal and Civil Justice, 03/05/25, 11:00 am, 37 Senate Building

upper

Feb 13, 2025

Upper · Passed

Now in Appropriations Committee on Criminal and Civil Justice

upper

Feb 12, 2025

Upper · Passed

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

upper

Feb 3, 2025

Upper · Passed

On Committee agenda-- Criminal Justice, 02/11/25, 1:45 pm, 37 Senate Building

upper

Jan 15, 2025

Committee

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

upper

1 primary · 0 co-sponsors