Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for HB 687
Ì4750846Î475084
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R . Floor: C
04/30/2025 10:26 AM . 04/30/2025 04:06 PM
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Senator Wright moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 52 and 53
4 insert:
5 Section 3. Paragraph (a) of subsection (1) of section
6 316.1932, Florida Statutes, is amended to read:
7 316.1932 Tests for alcohol, chemical substances, or
8 controlled substances; implied consent; refusal.—
9 (1)(a)1.a. A person who accepts the privilege extended by
10 the laws of this state of operating a motor vehicle within this
11 state is, by operating such vehicle, deemed to have given his or
12 her consent to submit to an approved chemical test or physical
13 test including, but not limited to, an infrared light test of
14 his or her breath for the purpose of determining the alcoholic
15 content of his or her blood or breath if the person is lawfully
16 arrested for any offense allegedly committed while the person
17 was driving or was in actual physical control of a motor vehicle
18 while under the influence of alcoholic beverages. The chemical
19 or physical breath test must be incidental to a lawful arrest
20 and administered at the request of a law enforcement officer who
21 has reasonable cause to believe such person was driving or was
22 in actual physical control of the motor vehicle within this
23 state while under the influence of alcoholic beverages. The
24 administration of a breath test does not preclude the
25 administration of another type of test. The person shall be told
26 that his or her failure to submit to any lawful test of his or
27 her breath will result in the suspension of the person’s
28 privilege to operate a motor vehicle for a period of 1 year for
29 a first refusal, or for a period of 18 months if the driving
30 privilege of such person has been previously suspended or if he
31 or she has previously been fined under s. 327.35215 as a result
32 of a refusal to submit to a test or tests required under this
33 chapter or chapter 327, and shall also be told that if he or she
34 refuses to submit to a lawful test of his or her breath and his
35 or her driving privilege has been previously suspended or if he
36 or she has previously been fined under s. 327.35215 for a prior
37 refusal to submit to a lawful test of his or her breath, urine,
38 or blood as required under this chapter or chapter 327, he or
39 she commits a misdemeanor of the second first degree, punishable
40 as provided in s. 775.082 or s. 775.083, or a misdemeanor of the
41 first degree, punishable as provided in s. 775.082 or s.
42 775.083, if his or her driving privilege has been previously
43 suspended or if he or she has previously been fined under s.
44 327.35215 for a prior refusal to submit to a lawful test of his
45 or her breath, urine, or blood as required under this chapter or
46 chapter 327, in addition to any other penalties provided by law.
47 The refusal to submit to a chemical or physical breath test upon
48 the request of a law enforcement officer as provided in this
49 section is admissible into evidence in any criminal proceeding.
50 b. A person who accepts the privilege extended by the laws
51 of this state of operating a motor vehicle within this state is,
52 by operating such vehicle, deemed to have given his or her
53 consent to submit to a urine test for the purpose of detecting
54 the presence of chemical substances as set forth in s. 877.111
55 or controlled substances if the person is lawfully arrested for
56 any offense allegedly committed while the person was driving or
57 was in actual physical control of a motor vehicle while under
58 the influence of chemical substances or controlled substances.
59 The urine test must be incidental to a lawful arrest and
60 administered at a detention facility or any other facility,
61 mobile or otherwise, which is equipped to administer such tests
62 at the request of a law enforcement officer who has reasonable
63 cause to believe such person was driving or was in actual
64 physical control of a motor vehicle within this state while
65 under the influence of chemical substances or controlled
66 substances. The urine test shall be administered at a detention
67 facility or any other facility, mobile or otherwise, which is
68 equipped to administer such test in a reasonable manner that
69 will ensure the accuracy of the specimen and maintain the
70 privacy of the individual involved. The administration of a
71 urine test does not preclude the administration of another type
72 of test. The person shall be told that his or her failure to
73 submit to any lawful test of his or her urine will result in the
74 suspension of the person’s privilege to operate a motor vehicle
75 for a period of 1 year for the first refusal, or for a period of
76 18 months if the driving privilege of such person has been
77 previously suspended or if he or she has previously been fined
78 under s. 327.35215 as a result of a refusal to submit to a test
79 or tests required under this chapter or chapter 327, and shall
80 also be told that if he or she refuses to submit to a lawful
81 test of his or her urine and his or her driving privilege has
82 been previously suspended or if he or she has previously been
83 fined under s. 327.35215 for a prior refusal to submit to a
84 lawful test of his or her breath, urine, or blood as required
85 under this chapter or chapter 327, he or she commits a
86 misdemeanor of the second first degree, punishable as provided
87 in s. 775.082 or s. 775.083, or a misdemeanor of the first
88 degree, punishable as provided in s. 775.082 or s. 775.083, if
89 his or her driving privilege has been previously suspended or if
90 he or she has previously been fined under s. 327.35215 for a
91 prior refusal to submit to a lawful test of his or her breath,
92 urine, or blood as required under this chapter or chapter 327,
93 in addition to any other penalties provided by law. The refusal
94 to submit to a urine test upon the request of a law enforcement
95 officer as provided in this section is admissible into evidence
96 in any criminal proceeding.
97 2. The Alcohol Testing Program within the Department of Law
98 Enforcement is responsible for the regulation of the operation,
99 inspection, and registration of breath test instruments utilized
100 under the driving and boating under the influence provisions and
101 related provisions located in this chapter and chapters 322 and
102 327. The program is responsible for the regulation of the
103 individuals who operate, inspect, and instruct on the breath
104 test instruments utilized in the driving and boating under the
105 influence provisions and related provisions located in this
106 chapter and chapters 322 and 327. The program is further
107 responsible for the regulation of blood analysts who conduct
108 blood testing to be utilized under the driving and boating under
109 the influence provisions and related provisions located in this
110 chapter and chapters 322 and 327. The program shall:
111 a. Establish uniform criteria for the issuance of permits
112 to breath test operators, agency inspectors, instructors, blood
113 analysts, and instruments.
114 b. Have the authority to permit breath test operators,
115 agency inspectors, instructors, blood analysts, and instruments.
116 c. Have the authority to discipline and suspend, revoke, or
117 renew the permits of breath test operators, agency inspectors,
118 instructors, blood analysts, and instruments.
119 d. Establish uniform requirements for instruction and
120 curricula for the operation and inspection of approved
121 instruments.
122 e. Have the authority to specify one approved curriculum
123 for the operation and inspection of approved instruments.
124 f. Establish a procedure for the approval of breath test
125 operator and agency inspector classes.
126 g. Have the authority to approve or disapprove breath test
127 instruments and accompanying paraphernalia for use pursuant to
128 the driving and boating under the influence provisions and
129 related provisions located in this chapter and chapters 322 and
130 327.
131 h. With the approval of the executive director of the
132 Department of Law Enforcement, make and enter into contracts and
133 agreements with other agencies, organizations, associations,
134 corporations, individuals, or federal agencies as are necessary,
135 expedient, or incidental to the performance of duties.
136 i. Issue final orders which include findings of fact and
137 conclusions of law and which constitute final agency action for
138 the purpose of chapter 120.
139 j. Enforce compliance with this section through civil or
140 administrative proceedings.
141 k. Make recommendations concerning any matter within the
142 purview of this section, this chapter, chapter 322, or chapter
143 327.
144 l. Promulgate rules for the administration and
145 implementation of this section, including definitions of terms.
146 m. Consult and cooperate with other entities for the
147 purpose of implementing the mandates of this section.
148 n. Have the authority to approve the type of blood test
149 utilized under the driving and boating under the influence
150 provisions and related provisions located in this chapter and
151 chapters 322 and 327.
152 o. Have the authority to specify techniques and methods for
153 breath alcohol testing and blood testing utilized under the
154 driving and boating under the influence provisions and related
155 provisions located in this chapter and chapters 322 and 327.
156 p. Have the authority to approve repair facilities for the
157 approved breath test instruments, including the authority to set
158 criteria for approval.
159
160 Nothing in this section shall be construed to supersede
161 provisions in this chapter and chapters 322 and 327. The
162 specifications in this section are derived from the power and
163 authority previously and currently possessed by the Department
164 of Law Enforcement and are enumerated to conform with the
165 mandates of chapter 99-379, Laws of Florida.
166 Section 4. Subsection (1) of section 316.1939, Florida
167 Statutes, is amended to read:
168 316.1939 Refusal to submit to testing; penalties.—
169 (1) A person who has refused to submit to a chemical or
170 physical test of his or her breath or urine, as described in s.
171 316.1932, and whose driving privilege was previously suspended
172 or who was previously fined under s. 327.35215 for a prior
173 refusal to submit to a lawful test of his or her breath, urine,
174 or blood required under this chapter or chapter 327, and:
175 (a) Who the arresting law enforcement officer had probable
176 cause to believe was driving or in actual physical control of a
177 motor vehicle in this state while under the influence of
178 alcoholic beverages, chemical substances, or controlled
179 substances;
180 (b) Who was placed under lawful arrest for a violation of
181 s. 316.193 unless such test was requested pursuant to s.
182 316.1932(1)(c);
183 (c) Who was informed that, if he or she refused to submit
184 to such test, his or her privilege to operate a motor vehicle
185 would be suspended for a period of 1 year or, in the case of a
186 second or subsequent refusal, for a period of 18 months;
187 (d) Who was informed that a refusal to submit to a lawful
188 test of his or her breath or urine is a misdemeanor of the
189 second degree, punishable as provided in s. 775.082 or s.
190 775.083, or if his or her driving privilege has been previously
191 suspended or if he or she has previously been fined under s.
192 327.35215 for a prior refusal to submit to a lawful test of his
193 or her breath, urine, or blood as required under this chapter or
194 chapter 327, that a refusal to submit to a lawful test of his or
195 her breath or urine is a misdemeanor of the first degree,
196 punishable as provided in s. 775.082 or s. 775.083, in addition
197 to any other penalties provided by law; and
198 (e) Who, after having been so informed, refused to submit
199 to any such test when requested to do so by a law enforcement
200 officer or correctional officer
201
202 commits a misdemeanor of the second first degree for a first
203 refusal or a misdemeanor of the first degree for a second or
204 subsequent refusal, and is subject to punishment as provided in
205 s. 775.082 or s. 775.083.
206
207 ================= T I T L E A M E N D M E N T ================
208 And the title is amended as follows:
209 Delete lines 2 - 6
210 and insert:
211 An act relating to driving and boating offenses;
212 providing a short title; amending s. 316.193, F.S.;
213 providing an enhanced penalty for DUI manslaughter if
214 a person has a prior conviction for specified
215 offenses; amending s. 316.1932, F.S.; requiring that a
216 person be told that his or her failure to submit to
217 lawful test of breath or urine subsequent to a DUI
218 arrest is either a second degree misdemeanor or a
219 first degree misdemeanor; amending s. 316.1939, F.S.;
220 creating a criminal penalty for a first refusal to
221 submit to a breath or urine test subsequent to a DUI
222 arrest; amending s. 327.35, F.S.;