Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for HB 687
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LEGISLATIVE ACTION
Senate . House
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Floor: WD .
04/29/2025 01:25 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 his or her the
28 person’s privilege to operate a motor vehicle for a period of 1
29 year for a first refusal, or for a period of 18 months if the
30 driving privilege of such person has been previously suspended
31 or if he or she has previously been fined under s. 327.35215 as
32 a result of a refusal to submit to a test or tests required
33 under this chapter or chapter 327, and shall also be told that
34 if he or she refuses to submit to a lawful test of his or her
35 breath and his or her driving privilege has been previously
36 suspended or if he or she has previously been fined under s.
37 327.35215 for a prior refusal to submit to a lawful test of his
38 or her breath, urine, or blood as required under this chapter or
39 chapter 327, he or she commits a misdemeanor of the second first
40 degree, punishable as provided in s. 775.082 or s. 775.083, or a
41 misdemeanor of the first degree, punishable as provided in s.
42 775.082 or s. 775.083, if his or her driving privilege has been
43 previously suspended or if he or she has previously been fined
44 under s. 327.35215 for a prior refusal to submit to a lawful
45 test of his or her breath, urine, or blood as required under
46 this chapter or chapter 327, in addition to any other penalties
47 provided by law. The refusal to submit to a chemical or physical
48 breath test upon the request of a law enforcement officer as
49 provided in this section is admissible into evidence in any
50 criminal proceeding.
51 b. A person who accepts the privilege extended by the laws
52 of this state of operating a motor vehicle within this state is,
53 by operating such vehicle, deemed to have given his or her
54 consent to submit to a urine test for the purpose of detecting
55 the presence of chemical substances as set forth in s. 877.111
56 or controlled substances if the person is lawfully arrested for
57 any offense allegedly committed while the person was driving or
58 was in actual physical control of a motor vehicle while under
59 the influence of chemical substances or controlled substances.
60 The urine test must be incidental to a lawful arrest and
61 administered at a detention facility or any other facility,
62 mobile or otherwise, which is equipped to administer such tests
63 at the request of a law enforcement officer who has reasonable
64 cause to believe such person was driving or was in actual
65 physical control of a motor vehicle within this state while
66 under the influence of chemical substances or controlled
67 substances. The urine test shall be administered at a detention
68 facility or any other facility, mobile or otherwise, which is
69 equipped to administer such test in a reasonable manner that
70 will ensure the accuracy of the specimen and maintain the
71 privacy of the individual involved. The administration of a
72 urine test does not preclude the administration of another type
73 of test. The person shall be told that his or her failure to
74 submit to any lawful test of his or her urine will result in the
75 suspension of his or her the person’s privilege to operate a
76 motor vehicle for a period of 1 year for the first refusal, or
77 for a period of 18 months if the driving privilege of such
78 person has been previously suspended or if he or she has
79 previously been fined under s. 327.35215 as a result of a
80 refusal to submit to a test or tests required under this chapter
81 or chapter 327, and shall also be told that if he or she refuses
82 to submit to a lawful test of his or her urine and his or her
83 driving privilege has been previously suspended or if he or she
84 has previously been fined under s. 327.35215 for a prior refusal
85 to submit to a lawful test of his or her breath, urine, or blood
86 as required under this chapter or chapter 327, he or she commits
87 a misdemeanor of the second first degree, punishable as provided
88 in s. 775.082 or s. 775.083, or a misdemeanor of the first
89 degree, punishable as provided in s. 775.082 or s. 775.083, if
90 his or her driving privilege has been previously suspended or if
91 he or she has previously been fined under s. 327.35215 for a
92 prior refusal to submit to a lawful test of his or her breath,
93 urine, or blood as required under this chapter or chapter 327,
94 in addition to any other penalties provided by law. The refusal
95 to submit to a urine test upon the request of a law enforcement
96 officer as provided in this section is admissible into evidence
97 in any criminal proceeding.
98 2. The Alcohol Testing Program within the Department of Law
99 Enforcement is responsible for the regulation of the operation,
100 inspection, and registration of breath test instruments utilized
101 under the driving and boating under the influence provisions and
102 related provisions located in this chapter and chapters 322 and
103 327. The program is responsible for the regulation of the
104 individuals who operate, inspect, and instruct on the breath
105 test instruments utilized in the driving and boating under the
106 influence provisions and related provisions located in this
107 chapter and chapters 322 and 327. The program is further
108 responsible for the regulation of blood analysts who conduct
109 blood testing to be utilized under the driving and boating under
110 the influence provisions and related provisions located in this
111 chapter and chapters 322 and 327. The program shall:
112 a. Establish uniform criteria for the issuance of permits
113 to breath test operators, agency inspectors, instructors, blood
114 analysts, and instruments.
115 b. Have the authority to permit breath test operators,
116 agency inspectors, instructors, blood analysts, and instruments.
117 c. Have the authority to discipline and suspend, revoke, or
118 renew the permits of breath test operators, agency inspectors,
119 instructors, blood analysts, and instruments.
120 d. Establish uniform requirements for instruction and
121 curricula for the operation and inspection of approved
122 instruments.
123 e. Have the authority to specify one approved curriculum
124 for the operation and inspection of approved instruments.
125 f. Establish a procedure for the approval of breath test
126 operator and agency inspector classes.
127 g. Have the authority to approve or disapprove breath test
128 instruments and accompanying paraphernalia for use pursuant to
129 the driving and boating under the influence provisions and
130 related provisions located in this chapter and chapters 322 and
131 327.
132 h. With the approval of the executive director of the
133 Department of Law Enforcement, make and enter into contracts and
134 agreements with other agencies, organizations, associations,
135 corporations, individuals, or federal agencies as are necessary,
136 expedient, or incidental to the performance of duties.
137 i. Issue final orders which include findings of fact and
138 conclusions of law and which constitute final agency action for
139 the purpose of chapter 120.
140 j. Enforce compliance with this section through civil or
141 administrative proceedings.
142 k. Make recommendations concerning any matter within the
143 purview of this section, this chapter, chapter 322, or chapter
144 327.
145 l. Promulgate rules for the administration and
146 implementation of this section, including definitions of terms.
147 m. Consult and cooperate with other entities for the
148 purpose of implementing the mandates of this section.
149 n. Have the authority to approve the type of blood test
150 utilized under the driving and boating under the influence
151 provisions and related provisions located in this chapter and
152 chapters 322 and 327.
153 o. Have the authority to specify techniques and methods for
154 breath alcohol testing and blood testing utilized under the
155 driving and boating under the influence provisions and related
156 provisions located in this chapter and chapters 322 and 327.
157 p. Have the authority to approve repair facilities for the
158 approved breath test instruments, including the authority to set
159 criteria for approval.
160
161 Nothing in this section shall be construed to supersede
162 provisions in this chapter and chapters 322 and 327. The
163 specifications in this section are derived from the power and
164 authority previously and currently possessed by the Department
165 of Law Enforcement and are enumerated to conform with the
166 mandates of chapter 99-379, Laws of Florida.
167 Section 4. Subsection (1) of section 316.1939, Florida
168 Statutes, is amended to read:
169 316.1939 Refusal to submit to testing; penalties.—
170 (1) A person who has refused to submit to a chemical or
171 physical test of his or her breath or urine, as described in s.
172 316.1932, commits a misdemeanor of the second degree, punishable
173 as provided in s. 775.082 or s. 775.083, in addition to any
174 other penalties provided by law, and such person whose driving
175 privilege was previously suspended or who was previously fined
176 under s. 327.35215 for a prior refusal to submit to a lawful
177 test of his or her breath, urine, or blood required under this
178 chapter or chapter 327 commits a misdemeanor of the first
179 degree, punishable as provided in s. 775.082 or s. 775.083, in
180 addition to any other penalties provided by law if all of the
181 following apply, and:
182 (a) Who The arresting law enforcement officer had probable
183 cause to believe that the person was driving or in actual
184 physical control of a motor vehicle in this state while under
185 the influence of alcoholic beverages, chemical substances, or
186 controlled substances.;
187 (b) The person Who was placed under lawful arrest for a
188 violation of s. 316.193, unless such test was requested pursuant
189 to s. 316.1932(1)(c).;
190 (c) The person Who was informed that, if he or she refused
191 to submit to such test, his or her privilege to operate a motor
192 vehicle would be suspended for a period of 1 year or, in the
193 case of a second or subsequent refusal, for a period of 18
194 months.;
195 (d) The person, after having been informed as required in
196 paragraph (c), still refuses Who was informed that a refusal to
197 submit to a lawful test of his or her breath or urine as
198 described in s. 316.1932, if his or her driving privilege has
199 been previously suspended or if he or she has previously been
200 fined under s. 327.35215 for a prior refusal to submit to a
201 lawful test of his or her breath, urine, or blood as required
202 under this chapter or chapter 327, is a misdemeanor of the first
203 degree, punishable as provided in s. 775.082 or s. 775.083, in
204 addition to any other penalties provided by law; and
205 (e) Who, after having been so informed, refused to submit
206 to any such test when requested to do so by a law enforcement
207 officer or correctional officer
208
209 commits a misdemeanor of the first degree and is subject to
210 punishment as provided in s. 775.082 or s. 775.083.
211
212 ================= T I T L E A M E N D M E N T ================
213 And the title is amended as follows:
214 Delete line 6
215 and insert:
216 specified offenses; amending s. 316.1932, F.S.;
217 requiring that a person be told that his or her
218 failure to submit to a lawful test of breath or urine
219 is a second degree misdemeanor or a first degree
220 misdemeanor under certain circumstances; amending s.
221 316.1939, F.S.; classifying a person’s refusal to
222 submit to a chemical or physical test of breath or
223 urine as a second degree misdemeanor or a first degree
224 misdemeanor under certain circumstances; amending s.
225 327.35, F.S.;