HB 0947 2003
1	A bill to be entitled
2	An act relating to tests for alcohol, chemical substances,
3	or controlled substances; amending ss. 316.1932 and
4	327.352, F.S.; revising language that provides for tests
5	to determine blood alcohol content or the presence of
6	chemical or controlled substances; providing an effective
7	date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1. The catchline and paragraph (a) of subsection
12	(1) of section 316.1932, Florida Statutes, are amended to read:
13	316.1932 Breath, blood, and urineTests for alcohol,
14	chemical substances, or controlled substances; implied consent;
15	refusal.--
16	(1)(a)1.a.Any person who accepts the privilege extended
17	by the laws of this state of operating a motor vehicle within
18	this state is, by so operating such vehicle, deemed to have
19	given his or her consent to submit to an approved chemical test
20	or physical test including, but not limited to, an infrared
21	light test of his or her breath for the purpose of determining
22	the alcoholic content of his or her blood or breath, and to a
23	urine test for the purpose of detecting the presence of chemical
24	substances as set forth in s. 877.111 or controlled substances,
25	if the person is lawfully arrested for any offense allegedly
26	committed while the person was driving or was in actual physical
27	control of a motor vehicle while under the influence of
28	alcoholic beverages, chemical substances, or controlled
29	substances. The chemical or physical breath test must be
30	incidental to a lawful arrest and administered at the request of
31	a law enforcement officer who has reasonable cause to believe
32	such person was driving or was in actual physical control of the
33	motor vehicle within this state while under the influence of
34	alcoholic beverages. The urine test must be incidental to a
35	lawful arrest and administered at a detention facility or any
36	other facility, mobile or otherwise, which is equipped to
37	administer such tests at the request of a law enforcement
38	officer who has reasonable cause to believe such person was
39	driving or was in actual physical control of a motor vehicle
40	within this state while under the influence of controlled
41	substances. The urine test shall be administered at a detention
42	facility or any other facility, mobile or otherwise, which is
43	equipped to administer such tests in a reasonable manner that
44	will ensure the accuracy of the specimen and maintain the
45	privacy of the individual involved. The administration of a
46	breathone type oftest does not preclude the administration of
47	another type of test. The person shall be told that his or her
48	failure to submit to any lawful test of his or her breath or
49	urine, or both,will result in the suspension of the person's
50	privilege to operate a motor vehicle for a period of 1 year for
51	a first refusal, or for a period of 18 months if the driving
52	privilege of such person has been previously suspended as a
53	result of a refusal to submit to such a test or tests, and shall
54	also be told that if he or she refuses to submit to a lawful
55	test of his or her breath or urine, or both,and his or her
56	driving privilege has been previously suspended for a prior
57	refusal to submit to a lawful test of his or her breath, urine,
58	or blood, he or she commits a misdemeanor in addition to any
59	other penalties. The refusal to submit to a chemical or physical
60	breath test or to a urine testupon the request of a law
61	enforcement officer as provided in this section is admissible
62	into evidence in any criminal proceeding.
63	b. Any person who accepts the privilege extended by the
64	laws of this state of operating a motor vehicle within this
65	state is, by so operating such vehicle, deemed to have given his
66	or her consent to submit to a urine test for the purpose of
67	detecting the presence of chemical substances as set forth in s.
68	877.111 or controlled substances if the person is lawfully
69	arrested for any offense allegedly committed while the person
70	was driving or was in actual physical control of a motor vehicle
71	while under the influence of chemical substances or controlled
72	substances. The urine test must be incidental to a lawful arrest
73	and administered at a detention facility or any other facility,
74	mobile or otherwise, which is equipped to administer such tests
75	at the request of a law enforcement officer who has reasonable
76	cause to believe such person was driving or was in actual
77	physical control of a motor vehicle within this state while
78	under the influence of chemical substances or controlled
79	substances. The urine test shall be administered at a detention
80	facility or any other facility, mobile or otherwise, which is
81	equipped to administer such test in a reasonable manner that
82	will ensure the accuracy of the specimen and maintain the
83	privacy of the individual involved. The administration of a
84	urine test does not preclude the administration of another type
85	of test. The person shall be told that his or her failure to
86	submit to any lawful test of his or her urine will result in the
87	suspension of the person’s privilege to operate a motor vehicle
88	for a period of 1 year for the first refusal, or for a period of
89	18 months if the driving privilege of such person has been
90	previously suspended as a result of a refusal to submit to such
91	a test or tests, and shall also be told that if he or she
92	refuses to submit to a lawful test of his or her urine and his
93	or her driving privilege has been previously suspended for a
94	prior refusal to submit to a lawful test of his or her breath,
95	urine, or blood, he or she commits a misdemeanor in addition to
96	any other penalties. The refusal to submit to a urine test upon
97	the request of a law enforcement officer as provided in this
98	section is admissible into evidence in any criminal proceeding.
99	2. The Alcohol Testing Program within the Department of
100	Law Enforcement is responsible for the regulation of the
101	operation, inspection, and registration of breath test
102	instruments utilized under the driving and boating under the
103	influence provisions and related provisions located in this
104	chapter and chapters 322 and 327. The program is responsible for
105	the regulation of the individuals who operate, inspect, and
106	instruct on the breath test instruments utilized in the driving
107	and boating under the influence provisions and related
108	provisions located in this chapter and chapters 322 and 327. The
109	program is further responsible for the regulation of blood
110	analysts who conduct blood testing to be utilized under the
111	driving and boating under the influence provisions and related
112	provisions located in this chapter and chapters 322 and 327. The
113	program shall:
114	a. Establish uniform criteria for the issuance of permits
115	to breath test operators, agency inspectors, instructors, blood
116	analysts, and instruments.
117	b. Have the authority to permit breath test operators,
118	agency inspectors, instructors, blood analysts, and instruments.
119	c. Have the authority to discipline and suspend, revoke,
120	or renew the permits of breath test operators, agency
121	inspectors, instructors, blood analysts, and instruments.
122	d. Establish uniform requirements for instruction and
123	curricula for the operation and inspection of approved
124	instruments.
125	e. Have the authority to specify one approved curriculum
126	for the operation and inspection of approved instruments.
127	f. Establish a procedure for the approval of breath test
128	operator and agency inspector classes.
129	g. Have the authority to approve or disapprove breath test
130	instruments and accompanying paraphernalia for use pursuant to
131	the driving and boating under the influence provisions and
132	related provisions located in this chapter and chapters 322 and
133	327.
134	h. With the approval of the executive director of the
135	Department of Law Enforcement, make and enter into contracts and
136	agreements with other agencies, organizations, associations,
137	corporations, individuals, or federal agencies as are necessary,
138	expedient, or incidental to the performance of duties.
139	i. Issue final orders which include findings of fact and
140	conclusions of law and which constitute final agency action for
141	the purpose of chapter 120.
142	j. Enforce compliance with the provisions of this section
143	through civil or administrative proceedings.
144	k. Make recommendations concerning any matter within the
145	purview of this section, this chapter, chapter 322, or chapter
146	327.
147	l. Promulgate rules for the administration and
148	implementation of this section, including definitions of terms.
149	m. Consult and cooperate with other entities for the
150	purpose of implementing the mandates of this section.
151	n. Have the authority to approve the type of blood test
152	utilized under the driving and boating under the influence
153	provisions and related provisions located in this chapter and
154	chapters 322 and 327.
155	o. Have the authority to specify techniques and methods
156	for breath alcohol testing and blood testing utilized under the
157	driving and boating under the influence provisions and related
158	provisions located in this chapter and chapters 322 and 327.
159	p. Have the authority to approve repair facilities for the
160	approved breath test instruments, including the authority to set
161	criteria for approval.
162
163	Nothing in this section shall be construed to supersede
164	provisions in this chapter and chapters 322 and 327. The
165	specifications in this section are derived from the power and
166	authority previously and currently possessed by the Department
167	of Law Enforcement and are enumerated to conform with the
168	mandates of chapter 99-379, Laws of Florida.
169	Section 2. The catchline and paragraph (a) of subsection
170	(1) of section 327.352, Florida Statutes, are amended to read:
171	327.352 Breath, blood, and urineTests for alcohol,
172	chemical substances, or controlled substances; implied consent;
173	refusal.--
174	(1)(a)1.The Legislature declares that the operation of a
175	vessel is a privilege that must be exercised in a reasonable
176	manner. In order to protect the public health and safety, it is
177	essential that a lawful and effective means of reducing the
178	incidence of boating while impaired or intoxicated be
179	established. Therefore, any person who accepts the privilege
180	extended by the laws of this state of operating a vessel within
181	this state is, by so operating such vessel, deemed to have given
182	his or her consent to submit to an approved chemical test or
183	physical test including, but not limited to, an infrared light
184	test of his or her breath for the purpose of determining the
185	alcoholic content of his or her blood or breath, and to a urine
186	test for the purpose of detecting the presence of chemical
187	substances as set forth in s. 877.111 or controlled substances,
188	if the person is lawfully arrested for any offense allegedly
189	committed while the person was operating a vessel while under
190	the influence of alcoholic beverages, chemical substances, or
191	controlled substances. The chemical or physical breath test must
192	be incidental to a lawful arrest and administered at the request
193	of a law enforcement officer who has reasonable cause to believe
194	such person was operating the vessel within this state while
195	under the influence of alcoholic beverages. The urine test must
196	be incidental to a lawful arrest and administered at a detention
197	facility or any other facility, mobile or otherwise, which is
198	equipped to administer such tests at the request of a law
199	enforcement officer who has reasonable cause to believe such
200	person was operating a vessel within this state while under the
201	influence of controlled substances. The urine test shall be
202	administered at a detention facility or any other facility,
203	mobile or otherwise, which is equipped to administer such tests
204	in a reasonable manner that will ensure the accuracy of the
205	specimen and maintain the privacy of the individual involved.
206	The administration of a breathone type oftest does not
207	preclude the administration of another type of test. The person
208	shall be told that his or her failure to submit to any lawful
209	test of his or her breath or urine, or both,will result in a
210	civil penalty of $500, and shall also be told that if he or she
211	refuses to submit to a lawful test of his or her breath or
212	urine, or both,and he or she has been previously fined for
213	refusal to submit to any lawful test of his or her breath,
214	urine, or blood, he or she commits a misdemeanor in addition to
215	any other penalties. The refusal to submit to a chemical or
216	physical breath or urinetest upon the request of a law
217	enforcement officer as provided in this section is admissible
218	into evidence in any criminal proceeding.
219	2. Any person who accepts the privilege extended by the
220	laws of this state of operating a vessel within this state is,
221	by so operating such vessel, deemed to have given his or her
222	consent to submit to a urine test for the purpose of detecting
223	the presence of chemical substances as set forth in s. 877.111
224	or controlled substances if the person is lawfully arrested for
225	any offense allegedly committed while the person was operating a
226	vessel while under the influence of chemical substances or
227	controlled substances. The urine test must be incidental to a
228	lawful arrest and administered at a detention facility or any
229	other facility, mobile or otherwise, which is equipped to
230	administer such tests at the request of a law enforcement
231	officer who has reasonable cause to believe such person was
232	operating a vessel within this state while under the influence
233	of chemical substances or controlled substances. The urine test
234	shall be administered at a detention facility or any other
235	facility, mobile or otherwise, which is equipped to administer
236	such test in a reasonable manner that will ensure the accuracy
237	of the specimen and maintain the privacy of the individual
238	involved. The administration of a urine test does not preclude
239	the administration of another type of test. The person shall be
240	told that his or her failure to submit to any lawful test of his
241	or her urine will result in a civil penalty of $500, and shall
242	also be told that if he or she refuses to submit to a lawful
243	test of his or her urine and he or she has been previously fined
244	for refusal to submit to any lawful test of his or her breath,
245	urine, or blood, he or she commits a misdemeanor in addition to
246	any other penalties. The refusal to submit to a urine test upon
247	the request of a law enforcement officer as provided in this
248	section is admissible into evidence in any criminal proceeding.
249	Section 3. This act shall take effect upon becoming a law.