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.;