In a significant move to enhance road safety and combat impaired driving, Florida Senator Lori Berman (D- Boca Raton) and Representative Adam Anderson(R-Palm Harbor) have introduced SB 1172 and HB 961 to expand the legal definition of impairment, addressing the alarming rise in traffic-related fatalities across the state.
This proposal comes as Florida witnessed a staggering 56% increase in traffic fatalities between 2013 and 2021, with impaired driving playing a role in at least 40% of these incidents. The bill notably broadens the definition of what constitutes an impairing substance, following the precedent set by 46 out of 50 states that have already adopted updated definitions of drug-impaired driving.
“Driving under the influence is never a good idea – it can be deadly and ruin lives forever. This legislation will make people think twice before driving while impaired. The safety of the public is always my first priority – this policy is long overdue to protect the lives of drivers, pedestrians and everyone who use Florida’s roadways,” said Senator Lori Berman.
“With traffic fatalities in Florida hitting a record high in 2021, it’s clear that our existing laws need to evolve,” stated Rep. Anderson. “Our bill aims to close loopholes by including ‘any impairing substance’ in the DUI criteria, thus enabling prosecution for impairment beyond the substances currently listed. It’s a critical step towards making our roads safer.”
“Florida has long trailed behind other states with regards to its legislation against impaired driving, ” said Garett Berman, Executive Director of the Florida Prosecuting Attorneys Association. “This bill brings the State of Florida to the forefront of states seeking to combat alcohol and drug impaired impaired driving, by removing loopholes in the law and ensuring drivers are prosecuted for driving impaired, while safeguarding motorists, pedestrians, and the general public.”
The bill also enhances penalties for drivers under the influence of more than one drug, echoing the Governor’s Highway Safety Association’s recommendations on poly-drug users.
“Part of our approach includes acknowledging the complexities of prescription medication use,” added Rep. Anderson. “We’ve provided an affirmative defense for those legally prescribed medications, ensuring that individuals are not unjustly penalized.”
“As a Forensic Toxicologist and researcher involved with national organizations, it has become clear that Florida has some of the weakest impaired driving laws in the country. It is time for us to better protect our residents and visitors by closing the loopholes in our laws,” said Nicholas Tiscione, Manager of the Palm Beach County Toxicology Lab.
The bill is expected to significantly impact the state’s approach to handling impaired driving, setting a precedent for comprehensive public safety legislation.
