Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 494
       
       
       
       
       
       
                                Ì772768ZÎ772768                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  11/30/2021           .                                
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       The Committee on Environment and Natural Resources (Hutson)
       recommended the following:
       
    1         Senate Amendment to Amendment (482518) (with title
    2  amendment)
    3  
    4         Delete lines 31 - 106
    5  and insert:
    6  chapter will result in a civil penalty of $500, and shall also
    7  be told that if he or she refuses to submit to a lawful test of
    8  his or her breath and he or she has been previously fined under
    9  s. 327.35215 or has previously had his or her driving privilege
   10  has been previously driver license suspended for refusal to
   11  submit to any lawful test of his or her breath, urine, or blood,
   12  he or she commits a misdemeanor of the first degree, punishable
   13  as provided in s. 775.082 or s. 775.083, in addition to any
   14  other penalties provided by law. The refusal to submit to a
   15  chemical or physical breath test upon the request of a law
   16  enforcement officer as provided in this section is admissible
   17  into evidence in any criminal proceeding.
   18         2. A person who accepts the privilege extended by the laws
   19  of this state of operating a vessel within this state is, by
   20  operating such vessel, deemed to have given his or her consent
   21  to submit to a urine test for the purpose of detecting the
   22  presence of chemical substances as set forth in s. 877.111 or
   23  controlled substances if the person is lawfully arrested for any
   24  offense allegedly committed while the person was operating a
   25  vessel while under the influence of chemical substances or
   26  controlled substances. The urine test must be incidental to a
   27  lawful arrest and administered at a detention facility or any
   28  other facility, mobile or otherwise, which is equipped to
   29  administer such tests at the request of a law enforcement
   30  officer who has reasonable cause to believe such person was
   31  operating a vessel within this state while under the influence
   32  of chemical substances or controlled substances. The urine test
   33  must shall be administered at a detention facility or any other
   34  facility, mobile or otherwise, which is equipped to administer
   35  such test in a reasonable manner that will ensure the accuracy
   36  of the specimen and maintain the privacy of the individual
   37  involved. The administration of a urine test does not preclude
   38  the administration of another type of test. The person shall be
   39  told that his or her failure to submit to any lawful test of his
   40  or her urine under this chapter will result in a civil penalty
   41  of $500, and shall also be told that if he or she refuses to
   42  submit to a lawful test of his or her urine and he or she has
   43  been previously fined under s. 327.35215 or has previously had
   44  his or her driving privilege has been previously driver license
   45  suspended for refusal to submit to any lawful test of his or her
   46  breath, urine, or blood, he or she commits a misdemeanor of the
   47  first degree, punishable as provided in s. 775.082 or s.
   48  775.083, in addition to any other penalties provided by law. The
   49  refusal to submit to a urine test upon the request of a law
   50  enforcement officer as provided in this section is admissible
   51  into evidence in any criminal proceeding.
   52         (c) A person who accepts the privilege extended by the laws
   53  of this state of operating a vessel within this state is, by
   54  operating such vessel, deemed to have given his or her consent
   55  to submit to an approved blood test for the purpose of
   56  determining the alcoholic content of the blood or a blood test
   57  for the purpose of determining the presence of chemical
   58  substances or controlled substances as provided in this section
   59  if there is reasonable cause to believe the person was operating
   60  a vessel while under the influence of alcoholic beverages or
   61  chemical or controlled substances and the person appears for
   62  treatment at a hospital, clinic, or other medical facility and
   63  the administration of a breath or urine test is impractical or
   64  impossible. As used in this paragraph, the term “other medical
   65  facility” includes an ambulance or other medical emergency
   66  vehicle. The blood test must shall be performed in a reasonable
   67  manner. A person who is incapable of refusal by reason of
   68  unconsciousness or other mental or physical condition is deemed
   69  not to have withdrawn his or her consent to such test. A person
   70  who is capable of refusal shall be told that his or her failure
   71  to submit to such a blood test will result in a civil penalty of
   72  $500. The refusal to submit to a blood test upon the request of
   73  a law enforcement officer is shall be admissible in evidence in
   74  any criminal proceeding.
   75         Section 2. Subsections (1) and (2) of section 327.35215,
   76  Florida Statutes, are amended to read:
   77         327.35215 Penalty for failure to submit to test.—
   78         (1) A person who is lawfully arrested for an alleged
   79  violation of s. 327.35 and who refuses to submit to a blood
   80  test, breath test, or urine test pursuant to s. 327.352 is
   81  subject to a civil penalty of $500.
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete lines 810 - 811
   86  and insert:
   87         revising the notices a person must be given for
   88         failure