Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. SB 494 Ì772768ZÎ772768 LEGISLATIVE ACTION Senate . House Comm: RCS . 11/30/2021 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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, andshall also7be toldthat 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 orhas previously hadhis or her driving privilege 10 has been previouslydriver licensesuspended 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 mustshallbe 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, andshall also be toldthat 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 orhas previously had44 his or her driving privilege has been previouslydriver license45 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 mustshallbe 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 isshall beadmissible 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 personwho islawfully arrested for an alleged 79 violation of s. 327.35andwho 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