Senate Bill 0308

    Florida Senate - 1999                                   SB 308

    By Senator Carlton





    24-493-99

  1                      A bill to be entitled

  2         An act relating to traffic accidents involving

  3         death or serious injury; amending s. 316.1933,

  4         F.S.; requiring the driver of a vehicle

  5         involved in an accident to undergo testing for

  6         the presence of alcohol or drugs if the

  7         accident causes death or serious bodily injury;

  8         deleting provisions authorizing a law

  9         enforcement officer to require such testing

10         upon probable cause to believe that the driver

11         of the vehicle was under the influence of

12         alcohol or drugs; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Subsection (1) of section 316.1933, Florida

17  Statutes, 1998 Supplement, is amended to read:

18         316.1933  Blood test for impairment or intoxication in

19  cases of death or serious bodily injury; right to use

20  reasonable force.--

21         (1)  Notwithstanding any recognized ability to refuse

22  to submit to the tests provided in s. 316.1932 or any

23  recognized power to revoke the implied consent to such tests,

24  if a traffic accident results in law enforcement officer has

25  probable cause to believe that a motor vehicle driven by or in

26  the actual physical control of a person under the influence of

27  alcoholic beverages, any chemical substances, or any

28  controlled substances has caused the death or serious bodily

29  injury of a human being, the driver of each vehicle involved

30  in the accident such person shall submit, upon the request of

31  a law enforcement officer, to a test of the driver's person's

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                   SB 308
    24-493-99




  1  blood for the purpose of determining the alcoholic content

  2  thereof or the presence of chemical substances as set forth in

  3  s. 877.111 or any substance controlled under chapter 893.  The

  4  law enforcement officer may use reasonable force if necessary

  5  to require such driver person to submit to the administration

  6  of the blood test.  The blood test shall be performed in a

  7  reasonable manner. The term "serious bodily injury" means an

  8  injury to any person, including the driver, which consists of

  9  a physical condition that creates a substantial risk of death,

10  serious personal disfigurement, or protracted loss or

11  impairment of the function of any bodily member or organ.

12         Section 2.  This act shall take effect October 1, 1999.

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15                          SENATE SUMMARY

16    Requires that the driver of any vehicle involved in an
      accident resulting in death or serious injury submit to a
17    test for alcohol or drugs. Deletes provisions authorizing
      a law enforcement officer to require that the driver of
18    such vehicle submit to testing for alcohol or drugs only
      if the officer has probable cause to believe that the
19    driver is impaired.

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