Senate Bill sb0724

    Florida Senate - 2002                                   SB 724

    By Senator Miller





    21-169-02

  1                      A bill to be entitled

  2         An act relating to driving under the influence;

  3         amending s. 316.1933, F.S.; making a blood test

  4         for alcohol or controlled or chemical

  5         substances nondiscretionary in certain

  6         circumstances when a traffic accident results

  7         in death or serious bodily injury; providing an

  8         effective date.

  9

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

11

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

13  Statutes, is amended to read:

14         316.1933  Blood test for impairment or intoxication in

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

16  reasonable force.--

17         (1)  Notwithstanding any recognized ability to refuse

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

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

20  if a law enforcement officer has probable cause to believe

21  that a motor vehicle driven by or in the actual physical

22  control of a person under the influence of alcoholic

23  beverages, any chemical substances, or any controlled

24  substances, when affected to the extent that the person's

25  normal faculties are impaired, was involved in a traffic

26  accident that resulted in has caused the death or serious

27  bodily injury of a human being, such person shall submit, upon

28  the request of a law enforcement officer, to a test of the

29  person's blood for the purpose of determining the alcoholic

30  content thereof or the presence of chemical substances as set

31  forth in s. 877.111 or any substance controlled under chapter

                                  1

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






    Florida Senate - 2002                                   SB 724
    21-169-02




  1  893.  The law enforcement officer may use reasonable force if

  2  necessary to require such person to submit to the

  3  administration of the blood test.  The blood test shall be

  4  performed in a reasonable manner. The term "serious bodily

  5  injury" means an injury to any person, including the driver,

  6  which consists of a physical condition that creates a

  7  substantial risk of death, serious personal disfigurement, or

  8  protracted loss or impairment of the function of any bodily

  9  member or organ.

10         Section 2.  This act shall take effect July 1, 2002.

11

12            *****************************************

13                          SENATE SUMMARY

14    Provides that, when a law enforcement officer has
      probable cause to believe that the operator of a motor
15    vehicle that is involved in a traffic accident that
      results in death or serious bodily injury is under the
16    influence of alcohol or chemical or controlled
      substances, a test of the operator's blood must be
17    performed.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2

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