Florida Senate - 2025                          SENATOR AMENDMENT
       Bill No. CS for HB 687
       
       
       
       
       
       
                                Ì791712ÉÎ791712                         
       
                              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.;