HB 0575 2004
1	A bill to be entitled
2	An act relating to driving under the influence; amending
3	s. 316.1933, F.S.; requiring a law enforcement officer to
4	administer a field sobriety test or breath test to the
5	driver or person in control of any motor vehicle involved
6	in a traffic accident resulting in death or serious bodily
7	injury; providing for administration of blood tests in
8	certain circumstances; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1. Subsection (1) of section 316.1933, Florida
13	Statutes, is amended to read:
14	316.1933 Blood test for impairment or intoxication in
15	cases of death or serious bodily injury; right to use reasonable
16	force.--
17	(1)(a) If a law enforcement officer has probable cause to
18	believe that a motor vehicle driven by or in the actual physical
19	control of a person under the influence of alcoholic beverages,
20	any chemical substances, or any controlled substances has caused
21	the death or serious bodily injury of a human being, or if a law
22	enforcement officer believes that a person given a field
23	sobriety test or physical or chemical breath test under
24	paragraph (b) has failed that test, the alaw enforcement
25	officer shall require the person driving or in actual physical
26	control of the motor vehicle to submit to a test of the person's
27	blood for the purpose of determining the alcoholic content
28	thereof or the presence of chemical substances as set forth in
29	s. 877.111 or any substance controlled under chapter 893. The
30	law enforcement officer may use reasonable force if necessary to
31	require such person to submit to the administration of the blood
32	test. The blood test shall be performed in a reasonable manner.
33	Notwithstanding s. 316.1932, the testing required by this
34	paragraph need not be incidental to a lawful arrest of the
35	person.
36	(b) A law enforcement officer shall perform a field
37	sobriety test, or a breath test as provided in s. 316.1932 if a
38	person is physically or emotionally unable to perform a sobriety
39	test, on the person driving or in actual physical control of any
40	motor vehicle that was involved in a traffic accident that
41	resulted in the death or serious bodily injury of a human being.
42	If the law enforcement officer believes that the person is
43	intoxicated or impaired, based on the person's performance on
44	the field sobriety test or breath test, the officer shall
45	require the person to submit to a blood test under this section.
46	(c)(b)The term "serious bodily injury" means an injury to
47	any person, including the driver, which consists of a physical
48	condition that creates a substantial risk of death, serious
49	personal disfigurement, or protracted loss or impairment of the
50	function of any bodily member or organ.
51	Section 2. This act shall take effect July 1, 2004.