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



                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

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10  ______________________________________________________________

11  Senator Burt moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsections (2), (3), and (4) of section

18  316.193, Florida Statutes, are amended, and subsection (11) is

19  added to said section, to read:

20         316.193  Driving under the influence; penalties.--

21         (2)(a)  Except as provided in paragraph (b), subsection

22  (3), or subsection (4), any person who is convicted of a

23  violation of subsection (1) shall be punished:

24         1.  By a fine of:

25         a.  Not less than $250 or more than $500 for a first

26  conviction.

27         b.  Not less than $500 or more than $1,000 for a second

28  conviction.

29         c.  Not less than $1,000 or more than $2,500 for a

30  third conviction; and

31         2.  By imprisonment for:

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1         a.  Not more than 6 months for a first conviction.

  2         b.  Not more than 9 months for a second conviction.

  3         c.  Not more than 12 months for a third conviction.

  4         3.  For a second conviction, by mandatory placement for

  5  a period of at least 1 year, at the convicted person's sole

  6  expense, of an ignition interlock device approved by the

  7  department in accordance with s. 316.1938 upon all vehicles

  8  that are individually or jointly leased or owned and routinely

  9  operated by the convicted person, when the convicted person

10  qualifies for a permanent or restricted license. The

11  installation of such device may not occur before July 1, 2003.

12         (b)1.  Any person who is convicted of a third fourth or

13  subsequent violation of this section for an offense that

14  occurs within 10 years after a prior conviction for a

15  violation of this section commits is guilty of a felony of the

16  third degree, punishable as provided in s. 775.082, s.

17  775.083, or s. 775.084. In addition, the court shall order the

18  mandatory placement for a period of not less than 2 years, at

19  the convicted person's sole expense, of an ignition interlock

20  device approved by the department in accordance with s.

21  316.1938 upon all vehicles that are individually or jointly

22  leased or owned and routinely operated by the convicted

23  person, when the convicted person qualifies for a permanent or

24  restricted license. The installation of such device may not

25  occur before July 1, 2003.

26         2.  Any person who is convicted of a third violation of

27  this section for an offense that occurs more than 10 years

28  after the date of a prior conviction for a violation of this

29  section shall be punished by a fine of not less than $1,000 or

30  more than $2,500 and by imprisonment for not more than 12

31  months. In addition, the court shall order the mandatory

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  placement for a period of at least 2 years, at the convicted

  2  person's sole expense, of an ignition interlock device

  3  approved by the department in accordance with s. 316.1938 upon

  4  all vehicles that are individually or jointly leased or owned

  5  and routinely operated by the convicted person, when the

  6  convicted person qualifies for a permanent or restricted

  7  license. The installation of such device may not occur before

  8  July 1, 2003.

  9         3.  Any person who is convicted of a fourth or

10  subsequent violation of this section, regardless of when any

11  prior conviction for a violation of this section occurred,

12  commits a felony of the third degree, punishable as provided

13  in s. 775.082, s. 775.083, or s. 775.084.; However, the fine

14  imposed for such fourth or subsequent violation may be not

15  less than $1,000.

16         (3)  Any person:

17         (a)  Who is in violation of subsection (1);

18         (b)  Who operates a vehicle; and

19         (c)  Who, by reason of such operation, causes or

20  contributes to causing:

21         1.  Damage to the property or person of another commits

22  a misdemeanor of the first degree, punishable as provided in

23  s. 775.082 or s. 775.083.

24         2.  Serious bodily injury to another, as defined in s.

25  316.1933, commits a felony of the third degree, punishable as

26  provided in s. 775.082, s. 775.083, or s. 775.084.

27         3.  The death of any human being commits DUI

28  manslaughter, and commits:

29         a.  A felony of the second degree, punishable as

30  provided in s. 775.082, s. 775.083, or s. 775.084.

31         b.  A felony of the first degree, punishable as

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  provided in s. 775.082, s. 775.083, or s. 775.084, if:

  2         (I)  At the time of the crash, the person knew, or

  3  should have known, that the crash occurred; and

  4         (II)  The person failed to give information and render

  5  aid as required by s. 316.062.

  6         (4)  Any person who is convicted of a violation of

  7  subsection (1) and who has a blood-alcohol level or

  8  breath-alcohol level of 0.20 or higher, or any person who is

  9  convicted of a violation of subsection (1) and who at the time

10  of the offense was accompanied in the vehicle by a person

11  under the age of 18 years, shall be punished:

12         (a)  By a fine of:

13         1.  Not less than $500 or more than $1,000 for a first

14  conviction.

15         2.  Not less than $1,000 or more than $2,000 for a

16  second conviction.

17         3.  Not less than $2,000 or more than $5,000 for a

18  third or subsequent conviction.

19         (b)  By imprisonment for:

20         1.  Not more than 9 months for a first conviction.

21         2.  Not more than 12 months for a second conviction.

22         3.  Not more than 12 months for a third conviction.

23

24  For the purposes of this subsection, any conviction for a

25  violation of s. 327.35, only the instant offense is required

26  to be a violation of subsection (1) by a person who has a

27  blood-alcohol level or breath-alcohol level of 0.20 or higher.

28         (c)  In addition to the penalties in paragraphs (a) and

29  (b), the court shall order the mandatory placement, at the

30  convicted person's sole expense, of an ignition interlock

31  device approved by the department in accordance with s.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  316.1938 upon all vehicles that are individually or jointly

  2  leased or owned and routinely operated by the convicted person

  3  for up to 6 months for the first offense and for at least 2

  4  years for a second offense, when the convicted person

  5  qualifies for a permanent or restricted license. The

  6  installation of such device may not occur before July 1, 2003.

  7         (11)  The Department of Highway Safety and Motor

  8  Vehicles is directed to adopt rules providing for the

  9  implementation of the use of ignition interlock devices.

10         Section 2.  Section 316.1932, Florida Statutes, is

11  amended to read:

12         316.1932  Breath, blood, and urine tests for alcohol,

13  chemical substances, or controlled substances; implied

14  consent; refusal right to refuse.--

15         (1)(a)1.  Any person who accepts the privilege extended

16  by the laws of this state of operating a motor vehicle within

17  this state is, by so operating such vehicle, deemed to have

18  given his or her consent to submit to an approved chemical

19  test or physical test including, but not limited to, an

20  infrared light test of his or her breath for the purpose of

21  determining the alcoholic content of his or her blood or

22  breath, and to a urine test for the purpose of detecting the

23  presence of chemical substances as set forth in s. 877.111 or

24  controlled substances, if the person is lawfully arrested for

25  any offense allegedly committed while the person was driving

26  or was in actual physical control of a motor vehicle while

27  under the influence of alcoholic beverages, chemical

28  substances, or controlled substances.  The chemical or

29  physical breath test must be incidental to a lawful arrest and

30  administered at the request of a law enforcement officer who

31  has reasonable cause to believe such person was driving or was

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  in actual physical control of the motor vehicle within this

  2  state while under the influence of alcoholic beverages. The

  3  urine test must be incidental to a lawful arrest and

  4  administered at a detention facility or any other facility,

  5  mobile or otherwise, which is equipped to administer such

  6  tests at the request of a law enforcement officer who has

  7  reasonable cause to believe such person was driving or was in

  8  actual physical control of a motor vehicle within this state

  9  while under the influence of controlled substances. The urine

10  test shall be administered at a detention facility or any

11  other facility, mobile or otherwise, which is equipped to

12  administer such tests in a reasonable manner that will ensure

13  the accuracy of the specimen and maintain the privacy of the

14  individual involved. The administration of one type of test

15  does not preclude the administration of another type of test.

16  The person shall be told that his or her failure to submit to

17  any lawful test of his or her breath or urine, or both, will

18  result in the suspension of the person's privilege to operate

19  a motor vehicle for a period of 1 year for a first refusal, or

20  for a period of 18 months if the driving privilege of such

21  person has been previously suspended as a result of a refusal

22  to submit to such a test or tests, and shall also be told that

23  if he or she refuses to submit to a lawful test of his or her

24  breath or urine, or both, and his or her driving privilege has

25  been previously suspended for a prior refusal to submit to a

26  lawful test of his or her breath, urine, or blood, he or she

27  commits a misdemeanor in addition to any other penalties. The

28  refusal to submit to a chemical or physical breath test or to

29  a urine test upon the request of a law enforcement officer as

30  provided in this section is admissible into evidence in any

31  criminal proceeding.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1         2.  The Alcohol Testing Program within the Department

  2  of Law Enforcement is responsible for the regulation of the

  3  operation, inspection, and registration of breath test

  4  instruments utilized under the driving and boating under the

  5  influence provisions and related provisions located in this

  6  chapter and chapters 322 and 327. The program is responsible

  7  for the regulation of the individuals who operate, inspect,

  8  and instruct on the breath test instruments utilized in the

  9  driving and boating under the influence provisions and related

10  provisions located in this chapter and chapters 322 and 327.

11  The program is further responsible for the regulation of blood

12  analysts who conduct blood testing to be utilized under the

13  driving and boating under the influence provisions and related

14  provisions located in this chapter and chapters 322 and 327.

15  The program shall:

16         a.  Establish uniform criteria for the issuance of

17  permits to breath test operators, agency inspectors,

18  instructors, blood analysts, and instruments.

19         b.  Have the authority to permit breath test operators,

20  agency inspectors, instructors, blood analysts, and

21  instruments.

22         c.  Have the authority to discipline and suspend,

23  revoke, or renew the permits of breath test operators, agency

24  inspectors, instructors, blood analysts, and instruments.

25         d.  Establish uniform requirements for instruction and

26  curricula for the operation and inspection of approved

27  instruments.

28         e.  Have the authority to specify one approved

29  curriculum for the operation and inspection of approved

30  instruments.

31         f.  Establish a procedure for the approval of breath

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  test operator and agency inspector classes.

  2         g.  Have the authority to approve or disapprove breath

  3  test instruments and accompanying paraphernalia for use

  4  pursuant to the driving and boating under the influence

  5  provisions and related provisions located in this chapter and

  6  chapters 322 and 327.

  7         h.  With the approval of the executive director of the

  8  Department of Law Enforcement, make and enter into contracts

  9  and agreements with other agencies, organizations,

10  associations, corporations, individuals, or federal agencies

11  as are necessary, expedient, or incidental to the performance

12  of duties.

13         i.  Issue final orders which include findings of fact

14  and conclusions of law and which constitute final agency

15  action for the purpose of chapter 120.

16         j.  Enforce compliance with the provisions of this

17  section through civil or administrative proceedings.

18         k.  Make recommendations concerning any matter within

19  the purview of this section, this chapter, chapter 322, or

20  chapter 327.

21         l.  Promulgate rules for the administration and

22  implementation of this section, including definitions of

23  terms.

24         m.  Consult and cooperate with other entities for the

25  purpose of implementing the mandates of this section.

26         n.  Have the authority to approve the type of blood

27  test utilized under the driving and boating under the

28  influence provisions and related provisions located in this

29  chapter and chapters 322 and 327.

30         o.  Have the authority to specify techniques and

31  methods for breath alcohol testing and blood testing utilized

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  under the driving and boating under the influence provisions

  2  and related provisions located in this chapter and chapters

  3  322 and 327.

  4         p.  Have the authority to approve repair facilities for

  5  the approved breath test instruments, including the authority

  6  to set criteria for approval.

  7

  8  Nothing in this section shall be construed to supersede

  9  provisions in this chapter and chapters 322 and 327. The

10  specifications in this section are derived from the power and

11  authority previously and currently possessed by the Department

12  of Law Enforcement and are enumerated to conform with the

13  mandates of chapter 99-379, Laws of Florida.

14         (b)1.  The blood-alcohol level must be based upon grams

15  of alcohol per 100 milliliters of blood. The breath-alcohol

16  level must be based upon grams of alcohol per 210 liters of

17  breath.

18         2.  An analysis of a person's breath, in order to be

19  considered valid under this section, must have been performed

20  substantially according to methods approved by the Department

21  of Law Enforcement.  For this purpose, the department may

22  approve satisfactory techniques or methods.  Any insubstantial

23  differences between approved techniques and actual testing

24  procedures in any individual case do not render the test or

25  test results invalid.

26         (c)  Any person who accepts the privilege extended by

27  the laws of this state of operating a motor vehicle within

28  this state is, by operating such vehicle, deemed to have given

29  his or her consent to submit to an approved blood test for the

30  purpose of determining the alcoholic content of the blood or a

31  blood test for the purpose of determining the presence of

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  chemical substances or controlled substances as provided in

  2  this section if there is reasonable cause to believe the

  3  person was driving or in actual physical control of a motor

  4  vehicle while under the influence of alcoholic beverages or

  5  chemical or controlled substances and the person appears for

  6  treatment at a hospital, clinic, or other medical facility and

  7  the administration of a breath or urine test is impractical or

  8  impossible. As used in this paragraph, the term "other medical

  9  facility" includes an ambulance or other medical emergency

10  vehicle. The blood test shall be performed in a reasonable

11  manner. Any person who is incapable of refusal by reason of

12  unconsciousness or other mental or physical condition is

13  deemed not to have withdrawn his or her consent to such test.

14  A blood test may be administered whether or not the person is

15  told that his or her failure to submit to such a blood test

16  will result in the suspension of the person's privilege to

17  operate a motor vehicle upon the public highways of this state

18  and that a refusal to submit to a lawful test of his or her

19  blood, if his or her driving privilege has been previously

20  suspended for refusal to submit to a lawful test of his or her

21  breath, urine, or blood, is a misdemeanor. Any person who is

22  capable of refusal shall be told that his or her failure to

23  submit to such a blood test will result in the suspension of

24  the person's privilege to operate a motor vehicle for a period

25  of 1 year for a first refusal, or for a period of 18 months if

26  the driving privilege of the person has been suspended

27  previously as a result of a refusal to submit to such a test

28  or tests, and that a refusal to submit to a lawful test of his

29  or her blood, if his or her driving privilege has been

30  previously suspended for a prior refusal to submit to a lawful

31  test of his or her breath, urine, or blood, is a misdemeanor.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  The refusal to submit to a blood test upon the request of a

  2  law enforcement officer is admissible in evidence in any

  3  criminal proceeding.

  4         (d)  If the arresting officer does not request a

  5  chemical or physical breath test of the person arrested for

  6  any offense allegedly committed while the person was driving

  7  or was in actual physical control of a motor vehicle while

  8  under the influence of alcoholic beverages or controlled

  9  substances, such person may request the arresting officer to

10  have a chemical or physical test made of the arrested person's

11  breath or a test of the urine or blood for the purpose of

12  determining the alcoholic content of the person's blood or

13  breath or the presence of chemical substances or controlled

14  substances; and, if so requested, the arresting officer shall

15  have the test performed.

16         (e)1.  By applying for a driver's license and by

17  accepting and using a driver's license, the person holding the

18  driver's license is deemed to have expressed his or her

19  consent to the provisions of this section.

20         2.  A nonresident or any other person driving in a

21  status exempt from the requirements of the driver's license

22  law, by his or her act of driving in such exempt status, is

23  deemed to have expressed his or her consent to the provisions

24  of this section.

25         3.  A warning of the consent provision of this section

26  shall be printed above the signature line on each new or

27  renewed driver's license.

28         (f)1.  The tests determining the weight of alcohol in

29  the defendant's blood or breath shall be administered at the

30  request of a law enforcement officer substantially in

31  accordance with rules of the Department of Law Enforcement.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  Such rules must specify precisely the test or tests that are

  2  approved by the Department of Law Enforcement for reliability

  3  of result and ease of administration, and must provide an

  4  approved method of administration which must be followed in

  5  all such tests given under this section.  However, the failure

  6  of a law enforcement officer to request the withdrawal of

  7  blood does not affect the admissibility of a test of blood

  8  withdrawn for medical purposes.

  9         2.a.  Only a physician, certified paramedic, registered

10  nurse, licensed practical nurse, other personnel authorized by

11  a hospital to draw blood, or duly licensed clinical laboratory

12  director, supervisor, technologist, or technician, acting at

13  the request of a law enforcement officer, may withdraw blood

14  for the purpose of determining its alcoholic content or the

15  presence of chemical substances or controlled substances

16  therein. However, the failure of a law enforcement officer to

17  request the withdrawal of blood does not affect the

18  admissibility of a test of blood withdrawn for medical

19  purposes.

20         b.  Notwithstanding any provision of law pertaining to

21  the confidentiality of hospital records or other medical

22  records, if a health care provider, who is providing medical

23  care in a health care facility to a person injured in a motor

24  vehicle crash, becomes aware, as a result of any blood test

25  performed in the course of that medical treatment, that the

26  person's blood-alcohol level meets or exceeds the

27  blood-alcohol level specified in s. 316.193(1)(b), the health

28  care provider may notify any law enforcement officer or law

29  enforcement agency. Any such notice must be given within a

30  reasonable time after the health care provider receives the

31  test result. Any such notice shall be used only for the

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  purpose of providing the law enforcement officer with

  2  reasonable cause to request the withdrawal of a blood sample

  3  pursuant to this section.

  4         c.  The notice shall consist only of the name of the

  5  person being treated, the name of the person who drew the

  6  blood, the blood-alcohol level indicated by the test, and the

  7  date and time of the administration of the test.

  8         d.  Nothing contained in s. 395.3025(4), s. 456.057, or

  9  any applicable practice act affects the authority to provide

10  notice under this section, and the health care provider is not

11  considered to have breached any duty owed to the person under

12  s. 395.3025(4), s. 456.057, or any applicable practice act by

13  providing notice or failing to provide notice. It shall not be

14  a breach of any ethical, moral, or legal duty for a health

15  care provider to provide notice or fail to provide notice.

16         e.  A civil, criminal, or administrative action may not

17  be brought against any person or health care provider

18  participating in good faith in the provision of notice or

19  failure to provide notice as provided in this section. Any

20  person or health care provider participating in the provision

21  of notice or failure to provide notice as provided in this

22  section shall be immune from any civil or criminal liability

23  and from any professional disciplinary action with respect to

24  the provision of notice or failure to provide notice under

25  this section. Any such participant has the same immunity with

26  respect to participating in any judicial proceedings resulting

27  from the notice or failure to provide notice.

28         3.  The person tested may, at his or her own expense,

29  have a physician, registered nurse, other personnel authorized

30  by a hospital to draw blood, or duly licensed clinical

31  laboratory director, supervisor, technologist, or technician,

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  or other person of his or her own choosing administer an

  2  independent test in addition to the test administered at the

  3  direction of the law enforcement officer for the purpose of

  4  determining the amount of alcohol in the person's blood or

  5  breath or the presence of chemical substances or controlled

  6  substances at the time alleged, as shown by chemical analysis

  7  of his or her blood or urine, or by chemical or physical test

  8  of his or her breath. The failure or inability to obtain an

  9  independent test by a person does not preclude the

10  admissibility in evidence of the test taken at the direction

11  of the law enforcement officer.  The law enforcement officer

12  shall not interfere with the person's opportunity to obtain

13  the independent test and shall provide the person with timely

14  telephone access to secure the test, but the burden is on the

15  person to arrange and secure the test at the person's own

16  expense.

17         4.  Upon the request of the person tested, full

18  information concerning the test taken at the direction of the

19  law enforcement officer shall be made available to the person

20  or his or her attorney.

21         5.  A hospital, clinical laboratory, medical clinic, or

22  similar medical institution or physician, certified paramedic,

23  registered nurse, licensed practical nurse, other personnel

24  authorized by a hospital to draw blood, or duly licensed

25  clinical laboratory director, supervisor, technologist, or

26  technician, or other person assisting a law enforcement

27  officer does not incur any civil or criminal liability as a

28  result of the withdrawal or analysis of a blood or urine

29  specimen, or the chemical or physical test of a person's

30  breath pursuant to accepted medical standards when requested

31  by a law enforcement officer, regardless of whether or not the

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  subject resisted administration of the test.

  2         (2)  The results of any test administered pursuant to

  3  this section for the purpose of detecting the presence of any

  4  controlled substance shall not be admissible as evidence in a

  5  criminal prosecution for the possession of a controlled

  6  substance.

  7         (3)  Notwithstanding any provision of law pertaining to

  8  the confidentiality of hospital records or other medical

  9  records, information relating to the alcoholic content of the

10  blood or breath or the presence of chemical substances or

11  controlled substances in the blood obtained pursuant to this

12  section shall be released to a court, prosecuting attorney,

13  defense attorney, or law enforcement officer in connection

14  with an alleged violation of s. 316.193 upon request for such

15  information.

16         Section 3.  Subsection (1) of section 316.1933, Florida

17  Statutes, 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)(a)  Notwithstanding any recognized ability to

22  refuse 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 law enforcement officer has probable cause to believe

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

26  control of a person under the influence of alcoholic

27  beverages, any chemical substances, or any controlled

28  substances has caused the death or serious bodily injury of a

29  human being, such person shall submit, upon the request of a

30  law enforcement officer shall require the person driving or in

31  actual physical control of the motor vehicle to submit, to a

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  test of the person's blood for the purpose of determining the

  2  alcoholic content thereof or the presence of chemical

  3  substances as set forth in s. 877.111 or any substance

  4  controlled under chapter 893.  The law enforcement officer may

  5  use reasonable force if necessary to require such person to

  6  submit to the administration of the blood test.  The blood

  7  test shall be performed in a reasonable manner.

  8  Notwithstanding s. 316.1932, the testing required by this

  9  paragraph need not be incidental to a lawful arrest of the

10  person.

11         (b)  The term "serious bodily injury" means an injury

12  to any person, including the driver, which consists of a

13  physical condition that creates a substantial risk of death,

14  serious personal disfigurement, or protracted loss or

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

16         Section 4.  Section 316.1937, Florida Statutes, is

17  amended to read:

18         316.1937  Ignition interlock devices, requiring;

19  unlawful acts.--

20         (1)  In addition to any other authorized penalties, the

21  court may require that any person who is convicted of driving

22  under the influence in violation of s. 316.193, and who is

23  granted probation, shall not operate a motor vehicle during

24  the period of probation unless that vehicle is equipped with a

25  functioning ignition interlock device certified by the

26  department as provided in s. 316.1938, and installed in such a

27  manner that the vehicle will not start if the operator's blood

28  alcohol level is in excess of 0.05 percent or as otherwise

29  specified by the court. The court may require the use of an

30  approved ignition interlock device for a the period of

31  probation, said period to be for not less than 6 months, if

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  the person is permitted to operate a motor vehicle, whether or

  2  not the privilege to operate a motor vehicle is restricted or

  3  not, as determined by the court. The court, however, shall

  4  order placement of an ignition interlock device in those

  5  circumstances required by s. 316.193.

  6         (2)  If the court imposes the use of an ignition

  7  interlock device as a condition of probation, the court shall:

  8         (a)  Stipulate on the record the requirement for, and

  9  the period of, the use of a certified ignition interlock

10  device.

11         (b)  Order that the records of the department reflect

12  such requirement.

13         (c)  Order that an ignition interlock device be

14  installed, as the court may determine necessary, on any

15  vehicle owned or operated by the person probationer.

16         (d)  Determine the person's probationer's ability to

17  pay for installation of the device if the person probationer

18  claims inability to pay.  If the court determines that the

19  person probationer is unable to pay for installation of the

20  device, the court may order that any portion of a fine paid by

21  the person probationer for a violation of s. 316.193 shall be

22  allocated to defray the costs of installing the device.

23         (e)  Require proof of installation of the device and

24  periodic reporting to the department probation officer for

25  verification of the operation of the device in the person's

26  probationer's vehicle.

27         (3)  If the court imposes the use of an ignition

28  interlock device as a term of probation on a person whose

29  driving privilege is not suspended or revoked, the court shall

30  require the person to provide proof of compliance to the

31  department probation officer within 30 days.  If the person

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  fails to provide proof of installation within that period,

  2  absent a finding by the court of good cause for that failure

  3  which is entered in the court record, the court shall notify

  4  the department revoke or terminate the person's probation.

  5         (4)  If the court imposes the use of an ignition

  6  interlock device as a term of probation on a person whose

  7  driving privilege is suspended or revoked for a period of less

  8  than 3 years, the department shall require proof of compliance

  9  before reinstatement of the person's driving privilege.

10         (5)(a)  In addition to any other provision of law, upon

11  conviction of a violation of this section the department shall

12  revoke the person's driving privilege for 1 year from the date

13  of conviction.  Upon conviction of a separate violation of

14  this section during the same period of required use of an

15  ignition interlock device, the department shall revoke the

16  person's driving privilege for 5 years from the date of

17  conviction.

18         (b)  Any person convicted of a violation of subsection

19  (6) who does not have a driver's license shall, in addition to

20  any other penalty provided by law, pay a fine of not less than

21  $250 or more than $500 per each such violation.  In the event

22  that the person is unable to pay any such fine, the fine shall

23  become a lien against the motor vehicle used in violation of

24  subsection (6) and payment shall be made pursuant to s.

25  316.3025(4).

26         (6)(a)  It is unlawful to tamper with, or to circumvent

27  the operation of, a court-ordered ignition interlock device.

28         (b)  It is unlawful for any person whose driving

29  privilege is restricted pursuant to this section to request or

30  solicit any other person to blow into an ignition interlock

31  device or to start a motor vehicle equipped with the device

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  for the purpose of providing the person so restricted with an

  2  operable motor vehicle.

  3         (c)  It is unlawful to blow into an ignition interlock

  4  device or to start a motor vehicle equipped with the device

  5  for the purpose of providing an operable motor vehicle to a

  6  person whose driving privilege is restricted pursuant to this

  7  section.

  8         (d)  It is unlawful to knowingly lease or lend a motor

  9  vehicle to a person who has had his or her driving privilege

10  restricted under a condition of probation as provided in this

11  section, unless the vehicle is equipped with a functioning,

12  certified ignition interlock device.  Any person whose driving

13  privilege is restricted under a condition of probation

14  requiring an ignition interlock device shall notify any other

15  person who leases or loans a motor vehicle to him or her of

16  such driving restriction.

17         (7)  Notwithstanding the provisions of this section, if

18  a person is required to operate a motor vehicle in the course

19  and scope of his or her employment and if the vehicle is owned

20  by the employer, the person may operate that vehicle without

21  installation of an approved ignition interlock device if the

22  employer has been notified of such driving privilege

23  restriction and if proof of that notification is with the

24  vehicle.  This employment exemption does not apply, however,

25  if the business entity which owns the vehicle is owned or

26  controlled by the person whose driving privilege has been

27  restricted.

28         (8)  In addition to the penalties provided in this

29  section, a violation of this section is a noncriminal traffic

30  infraction, punishable as a nonmoving violation as provided in

31  chapter 318.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1         Section 5.  Section 316.1939, Florida Statutes, is

  2  created to read:

  3         316.1939  Refusal to submit to testing; penalties.--

  4         (1)  Any person who has refused to submit to a chemical

  5  or physical test of his or her breath, blood, or urine, as

  6  described in s. 316.1932, and whose driving privilege was

  7  previously suspended for a prior refusal to submit to a lawful

  8  test of his or her breath, urine, or blood, and:

  9         (a)  Who the arresting law enforcement officer had

10  probable cause to believe was driving or in actual physical

11  control of a motor vehicle in this state while under the

12  influence of alcoholic beverages, chemical substances, or

13  controlled substances;

14         (b)  Who was placed under lawful arrest for a violation

15  of s. 316.193 unless such test was requested pursuant to s.

16  316.1932(1)(c);

17         (c)  Who was informed that, if he or she refused to

18  submit to such test, his or her privilege to operate a motor

19  vehicle would be suspended for a period of 1 year or, in the

20  case of a second or subsequent refusal, for a period of 18

21  months;

22         (d)  Who was informed that a refusal to submit to a

23  lawful test of his or her breath, urine, or blood, if his or

24  her driving privilege has been previously suspended for a

25  prior refusal to submit to a lawful test of his or her breath,

26  urine, or blood, is a misdemeanor; and

27         (e)  Who, after having been so informed, refused to

28  submit to any such test when requested to do so by a law

29  enforcement officer or correctional officer

30

31  commits a misdemeanor of the first degree and is subject to

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  punishment as provided in s. 775.082 or s. 775.083.

  2         (2)  The disposition of any administrative proceeding

  3  that relates to the suspension of a person's driving privilege

  4  does not affect a criminal action under this section.

  5         (3)  The disposition of a criminal action under this

  6  section does not affect any administrative proceeding that

  7  relates to the suspension of a person's driving privilege. The

  8  department's records showing that a person's license has been

  9  previously suspended for a prior refusal to submit to a lawful

10  test of his or her breath, urine, or blood shall be admissible

11  and shall create a rebuttable presumption of such suspension.

12         Section 6.  Subsections (2), (3), and (4) of section

13  327.35, Florida Statutes, are amended to read:

14         327.35  Boating under the influence; penalties;

15  "designated drivers".--

16         (2)(a)  Except as provided in paragraph (b), subsection

17  (3), or subsection (4), any person who is convicted of a

18  violation of subsection (1) shall be punished:

19         1.  By a fine of:

20         a.  Not less than $250 or more than $500 for a first

21  conviction.

22         b.  Not less than $500 or more than $1,000 for a second

23  conviction.

24         c.  Not less than $1,000 or more than $2,500 for a

25  third conviction; and

26         2.  By imprisonment for:

27         a.  Not more than 6 months for a first conviction.

28         b.  Not more than 9 months for a second conviction.

29         c.  Not more than 12 months for a third conviction.

30         (b)1.  Any person who is convicted of a third fourth or

31  subsequent violation of this section for an offense that

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  occurs within 10 years after a prior conviction for a

  2  violation of this section commits is guilty of a felony of the

  3  third degree, punishable as provided in s. 775.082, s.

  4  775.083, or s. 775.084.

  5         2.  Any person who is convicted of a third violation of

  6  this section for an offense that occurs more than 10 years

  7  after the date of a prior conviction for a violation of this

  8  section shall be punished by a fine of not less than $1,000 or

  9  more than $2,500 and by imprisonment for not more than 12

10  months.

11         3.  Any person who is convicted of a fourth or

12  subsequent violation of this section, regardless of when any

13  prior conviction for a violation of this section occurred,

14  commits a felony of the third degree, punishable as provided

15  in s. 775.082, s. 775.083, or s. 775.084.;

16

17  However, the fine imposed for such fourth or subsequent

18  violation may not be less than $1,000.

19         (3)  Any person:

20         (a)  Who is in violation of subsection (1);

21         (b)  Who operates a vessel; and

22         (c)  Who, by reason of such operation, causes or

23  contributes to causing:

24         1.  Damage to the property or person of another commits

25  a misdemeanor of the first degree, punishable as provided in

26  s. 775.082 or s. 775.083.

27         2.  Serious bodily injury to another, as defined in s.

28  327.353 316.1933, commits a felony of the third degree,

29  punishable as provided in s. 775.082, s. 775.083, or s.

30  775.084.

31         3.  The death of any human being commits BUI

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  manslaughter, and commits:

  2         a.  A felony of the second degree, punishable as

  3  provided in s. 775.082, s. 775.083, or s. 775.084.

  4         b.  A felony of the first degree, punishable as

  5  provided in s. 775.082, s. 775.083, or s. 775.084, if:

  6         (I)  At the time of the accident, the person knew, or

  7  should have known, that the accident occurred; and

  8         (II)  The person failed to give information and render

  9  aid as required by s. 327.30 316.062.

10

11  This sub-subparagraph does not require that the person knew

12  that the accident resulted in injury or death.

13         (4)  Any person who is convicted of a violation of

14  subsection (1) and who has a blood-alcohol level or

15  breath-alcohol level of 0.20 or higher, or any person who is

16  convicted of a violation of subsection (1) and who at the time

17  of the offense was accompanied in the vessel by a person under

18  the age of 18 years, shall be punished:

19         (a)  By a fine of:

20         1.  Not less than $500 or more than $1,000 for a first

21  conviction.

22         2.  Not less than $1,000 or more than $2,000 for a

23  second conviction.

24         3.  Not less than $2,000 or more than $5,000 for a

25  third or subsequent conviction.

26         (b)  By imprisonment for:

27         1.  Not more than 9 months for a first conviction.

28         2.  Not more than 12 months for a second conviction.

29         3.  Not more than 12 months for a third conviction.

30

31  For the purposes of this subsection, only the instant offense

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  is required to be a violation of subsection (1) by a person

  2  who has a blood-alcohol level or breath-alcohol level of 0.20

  3  or higher.

  4         Section 7.  Section 327.352, Florida Statutes, is

  5  amended to read:

  6         327.352  Breath, blood, and urine tests for alcohol,

  7  chemical substances, or controlled substances; implied

  8  consent; refusal right to refuse.--

  9         (1)(a)  The Legislature declares that the operation of

10  a vessel is a privilege that must be exercised in a reasonable

11  manner. In order to protect the public health and safety, it

12  is essential that a lawful and effective means of reducing the

13  incidence of boating while impaired or intoxicated be

14  established. Therefore, any person who accepts the privilege

15  extended by the laws of this state of operating a vessel

16  within this state is, by so operating such vessel, deemed to

17  have given his or her consent to submit to an approved

18  chemical test or physical test including, but not limited to,

19  an infrared light test of his or her breath for the purpose of

20  determining the alcoholic content of his or her blood or

21  breath, and 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

24  any offense allegedly committed while the person was operating

25  a vessel while under the influence of alcoholic beverages,

26  chemical substances, or controlled substances.  The chemical

27  or physical breath test must be incidental to a lawful arrest

28  and administered at the request of a law enforcement officer

29  who has reasonable cause to believe such person was operating

30  the vessel within this state while under the influence of

31  alcoholic beverages. The urine test must be incidental to a

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  lawful arrest and administered at a detention facility or any

  2  other facility, mobile or otherwise, which is equipped to

  3  administer such tests at the request of a law enforcement

  4  officer who has reasonable cause to believe such person was

  5  operating a vessel within this state while under the influence

  6  of controlled substances. The urine test shall be administered

  7  at a detention facility or any other facility, mobile or

  8  otherwise, which is equipped to administer such tests in a

  9  reasonable manner that will ensure the accuracy of the

10  specimen and maintain the privacy of the individual involved.

11  The administration of one type of test does not preclude the

12  administration of another type of test.  The person shall be

13  told that his or her failure to submit to any lawful test of

14  his or her breath or urine, or both, will result in a civil

15  penalty of $500, and shall also be told that if he or she

16  refuses to submit to a lawful test of his or her breath or

17  urine, or both, and he or she has been previously fined for

18  refusal to submit to any lawful test of his or her breath,

19  urine, or blood, he or she commits a misdemeanor in addition

20  to any other penalties. The refusal to submit to a chemical or

21  physical breath or urine test upon the request of a law

22  enforcement officer as provided in this section is admissible

23  into evidence in any criminal proceeding.

24         (b)1.  The blood-alcohol level must be based upon grams

25  of alcohol per 100 milliliters of blood. The breath-alcohol

26  level must be based upon grams of alcohol per 210 liters of

27  breath.

28         2.  An analysis of a person's breath, in order to be

29  considered valid under this section, must have been performed

30  substantially according to methods approved by the Department

31  of Law Enforcement. Any insubstantial differences between

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  approved techniques and actual testing procedures in any

  2  individual case do not render the test or test results

  3  invalid.

  4         3.  The Alcohol Testing Program within the Department

  5  of Law Enforcement is responsible for the regulation of the

  6  operation, inspection, and registration of breath test

  7  instruments utilized under the driving and boating under the

  8  influence provisions and related provisions located in this

  9  chapter and chapters 316 and 322. The program is responsible

10  for the regulation of the individuals who operate, inspect,

11  and instruct on the breath test instruments utilized in the

12  driving and boating under the influence provisions and related

13  provisions located in this chapter and chapters 316 and 322.

14  The program is further responsible for the regulation of blood

15  analysts who conduct blood testing to be utilized under the

16  driving and boating under the influence provisions and related

17  provisions located in this chapter and chapters 316 and 322.

18  The program shall:

19         a.  Establish uniform criteria for the issuance of

20  permits to breath test operators, agency inspectors,

21  instructors, blood analysts, and instruments.

22         b.  Have the authority to permit breath test operators,

23  agency inspectors, instructors, blood analysts, and

24  instruments.

25         c.  Have the authority to discipline and suspend,

26  revoke, or renew the permits of breath test operators, agency

27  inspectors, instructors, blood analysts, and instruments.

28         d.  Establish uniform requirements for instruction and

29  curricula for the operation and inspection of approved

30  instruments.

31         e.  Have the authority to specify one approved

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  curriculum for the operation and inspection of approved

  2  instruments.

  3         f.  Establish a procedure for the approval of breath

  4  test operator and agency inspector classes.

  5         g.  Have the authority to approve or disapprove breath

  6  test instruments and accompanying paraphernalia for use

  7  pursuant to the driving and boating under the influence

  8  provisions and related provisions located in this chapter and

  9  chapters 316 and 322.

10         h.  With the approval of the executive director of the

11  Department of Law Enforcement, make and enter into contracts

12  and agreements with other agencies, organizations,

13  associations, corporations, individuals, or federal agencies

14  as are necessary, expedient, or incidental to the performance

15  of duties.

16         i.  Issue final orders which include findings of fact

17  and conclusions of law and which constitute final agency

18  action for the purpose of chapter 120.

19         j.  Enforce compliance with the provisions of this

20  section through civil or administrative proceedings.

21         k.  Make recommendations concerning any matter within

22  the purview of this section, this chapter, chapter 316, or

23  chapter 322.

24         l.  Promulgate rules for the administration and

25  implementation of this section, including definitions of

26  terms.

27         m.  Consult and cooperate with other entities for the

28  purpose of implementing the mandates of this section.

29         n.  Have the authority to approve the type of blood

30  test utilized under the driving and boating under the

31  influence provisions and related provisions located in this

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  chapter and chapters 316 and 322.

  2         o.  Have the authority to specify techniques and

  3  methods for breath alcohol testing and blood testing utilized

  4  under the driving and boating under the influence provisions

  5  and related provisions located in this chapter and chapters

  6  316 and 322.

  7         p.  Have the authority to approve repair facilities for

  8  the approved breath test instruments, including the authority

  9  to set criteria for approval.

10

11  Nothing in this section shall be construed to supersede

12  provisions in this chapter and chapters 316 and 322. The

13  specifications in this section are derived from the power and

14  authority previously and currently possessed by the Department

15  of Law Enforcement and are enumerated to conform with the

16  mandates of chapter 99-379, Laws of Florida.

17         (c)  Any person who accepts the privilege extended by

18  the laws of this state of operating a vessel within this state

19  is, by operating such vessel, deemed to have given his or her

20  consent to submit to an approved blood test for the purpose of

21  determining the alcoholic content of the blood or a blood test

22  for the purpose of determining the presence of chemical

23  substances or controlled substances as provided in this

24  section if there is reasonable cause to believe the person was

25  operating a vessel while under the influence of alcoholic

26  beverages or chemical or controlled substances and the person

27  appears for treatment at a hospital, clinic, or other medical

28  facility and the administration of a breath or urine test is

29  impractical or impossible. As used in this paragraph, the term

30  "other medical facility" includes an ambulance or other

31  medical emergency vehicle. The blood test shall be performed

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  in a reasonable manner.  Any person who is incapable of

  2  refusal by reason of unconsciousness or other mental or

  3  physical condition is deemed not to have withdrawn his or her

  4  consent to such test. Any person who is capable of refusal

  5  shall be told that his or her failure to submit to such a

  6  blood test will result in a civil penalty of $500 and that a

  7  refusal to submit to a lawful test of his or her blood, if he

  8  or she has previously been fined for refusal to submit to any

  9  lawful test of his or her breath, urine, or blood, is a

10  misdemeanor. The refusal to submit to a blood test upon the

11  request of a law enforcement officer shall be admissible in

12  evidence in any criminal proceeding.

13         (d)  If the arresting officer does not request a

14  chemical or physical breath test of the person arrested for

15  any offense allegedly committed while the person was operating

16  a vessel while under the influence of alcoholic beverages or

17  controlled substances, the person may request the arresting

18  officer to have a chemical or physical test made of the

19  arrested person's breath or a test of the urine or blood for

20  the purpose of determining the alcoholic content of the

21  person's blood or breath or the presence of chemical

22  substances or controlled substances; and, if so requested, the

23  arresting officer shall have the test performed.

24         (e)1.  The tests determining the weight of alcohol in

25  the defendant's blood or breath shall be administered at the

26  request of a law enforcement officer substantially in

27  accordance with rules of the Department of Law Enforcement.

28  However, the failure of a law enforcement officer to request

29  the withdrawal of blood does not affect the admissibility of a

30  test of blood withdrawn for medical purposes.

31         2.  Only a physician, certified paramedic, registered

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  nurse, licensed practical nurse, other personnel authorized by

  2  a hospital to draw blood, or duly licensed clinical laboratory

  3  director, supervisor, technologist, or technician, acting at

  4  the request of a law enforcement officer, may withdraw blood

  5  for the purpose of determining its alcoholic content or the

  6  presence of chemical substances or controlled substances

  7  therein. However, the failure of a law enforcement officer to

  8  request the withdrawal of blood does not affect the

  9  admissibility of a test of blood withdrawn for medical

10  purposes.

11         3.  The person tested may, at his or her own expense,

12  have a physician, registered nurse, other personnel authorized

13  by a hospital to draw blood, or duly licensed clinical

14  laboratory director, supervisor, technologist, or technician,

15  or other person of his or her own choosing administer an

16  independent test in addition to the test administered at the

17  direction of the law enforcement officer for the purpose of

18  determining the amount of alcohol in the person's blood or

19  breath or the presence of chemical substances or controlled

20  substances at the time alleged, as shown by chemical analysis

21  of his or her blood or urine, or by chemical or physical test

22  of his or her breath. The failure or inability to obtain an

23  independent test by a person does not preclude the

24  admissibility in evidence of the test taken at the direction

25  of the law enforcement officer. The law enforcement officer

26  shall not interfere with the person's opportunity to obtain

27  the independent test and shall provide the person with timely

28  telephone access to secure the test, but the burden is on the

29  person to arrange and secure the test at the person's own

30  expense.

31         4.  Upon the request of the person tested, full

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  information concerning the test taken at the direction of the

  2  law enforcement officer shall be made available to the person

  3  or his or her attorney.

  4         5.  A hospital, clinical laboratory, medical clinic, or

  5  similar medical institution or physician, certified paramedic,

  6  registered nurse, licensed practical nurse, other personnel

  7  authorized by a hospital to draw blood, or duly licensed

  8  clinical laboratory director, supervisor, technologist, or

  9  technician, or other person assisting a law enforcement

10  officer does not incur any civil or criminal liability as a

11  result of the withdrawal or analysis of a blood or urine

12  specimen, or the chemical or physical test of a person's

13  breath pursuant to accepted medical standards when requested

14  by a law enforcement officer, regardless of whether or not the

15  subject resisted administration of the test.

16         (2)  The results of any test administered pursuant to

17  this section for the purpose of detecting the presence of any

18  controlled substance shall not be admissible as evidence in a

19  criminal prosecution for the possession of a controlled

20  substance.

21         (3)  Notwithstanding any provision of law pertaining to

22  the confidentiality of hospital records or other medical

23  records, information relating to the alcoholic content of the

24  blood or breath or the presence of chemical substances or

25  controlled substances in the blood obtained pursuant to this

26  section shall be released to a court, prosecuting attorney,

27  defense attorney, or law enforcement officer in connection

28  with an alleged violation of s. 327.35 upon request for such

29  information.

30         Section 8.  Subsection (1) of section 327.353, Florida

31  Statutes, is amended to read:

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1         327.353  Blood test for impairment or intoxication in

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

  3  reasonable force.--

  4         (1)(a)  Notwithstanding any recognized ability to

  5  refuse to submit to the tests provided in s. 327.352 or any

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

  7  If a law enforcement officer has probable cause to believe

  8  that a vessel operated by a person under the influence of

  9  alcoholic beverages, any chemical substances, or any

10  controlled substances has caused the death or serious bodily

11  injury of a human being, the person shall submit, upon the

12  request of a law enforcement officer shall require the person

13  operating or in actual physical control of the vessel to

14  submit, to a test of the person's blood for the purpose of

15  determining the alcoholic content thereof or the presence of

16  chemical substances as set forth in s. 877.111 or any

17  substance controlled under chapter 893.  The law enforcement

18  officer may use reasonable force if necessary to require the

19  person to submit to the administration of the blood test.  The

20  blood test shall be performed in a reasonable manner.

21  Notwithstanding s. 327.352, the testing required by this

22  paragraph need not be incidental to a lawful arrest of the

23  person.

24         (b)  The term "serious bodily injury" means an injury

25  to any person, including the operator, which consists of a

26  physical condition that creates a substantial risk of death,

27  serious personal disfigurement, or protracted loss or

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

29         Section 9.  Section 327.359, Florida Statutes, is

30  created to read:

31         327.359  Refusal to submit to testing; penalties.--Any

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  person who has refused to submit to a chemical or physical

  2  test of his or her breath, blood, or urine, as described in s.

  3  327.352, and who has been previously fined for refusal to

  4  submit to a lawful test of his or her breath, urine, or blood,

  5  and:

  6         (1)  Who the arresting law enforcement officer had

  7  probable cause to believe was operating or in actual physical

  8  control of a vessel in this state while under the influence of

  9  alcoholic beverages, chemical substances, or controlled

10  substances;

11         (2)  Who was placed under lawful arrest for a violation

12  of s. 327.35 unless such test was requested pursuant to s.

13  327.352(1)(c);

14         (3)  Who was informed that if he or she refused to

15  submit to such test he or she is subject to a fine of $500;

16         (4)  Who was informed that a refusal to submit to a

17  lawful test of his or her breath, urine, or blood, if he or

18  she has been previously fined for refusal to submit to a

19  lawful test of his or her breath, urine, or blood, is a

20  misdemeanor; and

21         (5)  Who, after having been so informed, refused to

22  submit to any such test when requested to do so by a law

23  enforcement officer or correctional officer

24

25  commits a misdemeanor of the first degree and is subject to

26  punishment as provided in s. 775.082 or s. 775.083.

27         Section 10.  Paragraphs (c) and (i) of subsection (3)

28  of section 921.0022, Florida Statutes, as amended by chapter

29  2001-358, Laws of Florida, are amended to read:

30         921.0022  Criminal Punishment Code; offense severity

31  ranking chart.--

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1         (3)  OFFENSE SEVERITY RANKING CHART

  2

  3  Florida           Felony

  4  Statute           Degree             Description

  5

  6                              (c)  LEVEL 3

  7  316.193(2)(b)      3rd      Felony DUI, 3rd conviction.

  8  316.1935(2)        3rd      Fleeing or attempting to elude

  9                              law enforcement officer in marked

10                              patrol vehicle with siren and

11                              lights activated.

12  319.30(4)          3rd      Possession by junkyard of motor

13                              vehicle with identification

14                              number plate removed.

15  319.33(1)(a)       3rd      Alter or forge any certificate of

16                              title to a motor vehicle or

17                              mobile home.

18  319.33(1)(c)       3rd      Procure or pass title on stolen

19                              vehicle.

20  319.33(4)          3rd      With intent to defraud, possess,

21                              sell, etc., a blank, forged, or

22                              unlawfully obtained title or

23                              registration.

24  327.35(2)(b)       3rd      Felony BUI.

25  328.05(2)          3rd      Possess, sell, or counterfeit

26                              fictitious, stolen, or fraudulent

27                              titles or bills of sale of

28                              vessels.

29  328.07(4)          3rd      Manufacture, exchange, or possess

30                              vessel with counterfeit or wrong

31                              ID number.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  376.302(5)         3rd      Fraud related to reimbursement

  2                              for cleanup expenses under the

  3                              Inland Protection Trust Fund.

  4  501.001(2)(b)      2nd      Tampers with a consumer product

  5                              or the container using materially

  6                              false/misleading information.

  7  697.08             3rd      Equity skimming.

  8  790.15(3)          3rd      Person directs another to

  9                              discharge firearm from a vehicle.

10  796.05(1)          3rd      Live on earnings of a prostitute.

11  806.10(1)          3rd      Maliciously injure, destroy, or

12                              interfere with vehicles or

13                              equipment used in firefighting.

14  806.10(2)          3rd      Interferes with or assaults

15                              firefighter in performance of

16                              duty.

17  810.09(2)(c)       3rd      Trespass on property other than

18                              structure or conveyance armed

19                              with firearm or dangerous weapon.

20  812.014(2)(c)2.    3rd      Grand theft; $5,000 or more but

21                              less than $10,000.

22  815.04(4)(b)       2nd      Computer offense devised to

23                              defraud or obtain property.

24  817.034(4)(a)3.    3rd      Engages in scheme to defraud

25                              (Florida Communications Fraud

26                              Act), property valued at less

27                              than $20,000.

28  817.233            3rd      Burning to defraud insurer.

29  817.234(8)&(9)     3rd      Unlawful solicitation of persons

30                              involved in motor vehicle

31                              accidents.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  817.234(11)(a)     3rd      Insurance fraud; property value

  2                              less than $20,000.

  3  817.505(4)         3rd      Patient brokering.

  4  828.12(2)          3rd      Tortures any animal with intent

  5                              to inflict intense pain, serious

  6                              physical injury, or death.

  7  831.28(2)(a)       3rd      Counterfeiting a payment

  8                              instrument with intent to defraud

  9                              or possessing a counterfeit

10                              payment instrument.

11  831.29             2nd      Possession of instruments for

12                              counterfeiting drivers' licenses

13                              or identification cards.

14  838.021(3)(b)      3rd      Threatens unlawful harm to public

15                              servant.

16  843.19             3rd      Injure, disable, or kill police

17                              dog or horse.

18  870.01(2)          3rd      Riot; inciting or encouraging.

19  893.13(1)(a)2.     3rd      Sell, manufacture, or deliver

20                              cannabis (or other s.

21                              893.03(1)(c), (2)(c)1., (2)(c)2.,

22                              (2)(c)3., (2)(c)5., (2)(c)6.,

23                              (2)(c)7., (2)(c)8., (2)(c)9.,

24                              (3), or (4) drugs).

25  893.13(1)(d)2.     2nd      Sell, manufacture, or deliver s.

26                              893.03(1)(c), (2)(c)1., (2)(c)2.,

27                              (2)(c)3., (2)(c)5., (2)(c)6.,

28                              (2)(c)7., (2)(c)8., (2)(c)9.,

29                              (3), or (4) drugs within 200 feet

30                              of university or public park.

31

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  893.13(1)(f)2.     2nd      Sell, manufacture, or deliver s.

  2                              893.03(1)(c), (2)(c)1., (2)(c)2.,

  3                              (2)(c)3., (2)(c)5., (2)(c)6.,

  4                              (2)(c)7., (2)(c)8., (2)(c)9.,

  5                              (3), or (4) drugs within 200 feet

  6                              of public housing facility.

  7  893.13(6)(a)       3rd      Possession of any controlled

  8                              substance other than felony

  9                              possession of cannabis.

10  893.13(7)(a)9.     3rd      Obtain or attempt to obtain

11                              controlled substance by fraud,

12                              forgery, misrepresentation, etc.

13  893.13(7)(a)11.    3rd      Furnish false or fraudulent

14                              material information on any

15                              document or record required by

16                              chapter 893.

17  918.13(1)(a)       3rd      Alter, destroy, or conceal

18                              investigation evidence.

19  944.47

20   (1)(a)1.-2.       3rd      Introduce contraband to

21                              correctional facility.

22  944.47(1)(c)       2nd      Possess contraband while upon the

23                              grounds of a correctional

24                              institution.

25  985.3141           3rd      Escapes from a juvenile facility

26                              (secure detention or residential

27                              commitment facility).

28                              (i)  LEVEL 9

29  316.193

30   (3)(c)3.b.        1st      DUI manslaughter; failing to

31                              render aid or give information.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

  2                              render aid or give information.

  3  560.123(8)(b)3.    1st      Failure to report currency or

  4                              payment instruments totaling or

  5                              exceeding $100,000 by money

  6                              transmitter.

  7  560.125(5)(c)      1st      Money transmitter business by

  8                              unauthorized person, currency, or

  9                              payment instruments totaling or

10                              exceeding $100,000.

11  655.50(10)(b)3.    1st      Failure to report financial

12                              transactions totaling or

13                              exceeding $100,000 by financial

14                              institution.

15  755.0844           1st      Aggravated white collar crime.

16  782.04(1)          1st      Attempt, conspire, or solicit to

17                              commit premeditated murder.

18  782.04(3)          1st,PBL   Accomplice to murder in

19                              connection with arson, sexual

20                              battery, robbery, burglary, and

21                              other specified felonies.

22  782.051(1)         1st      Attempted felony murder while

23                              perpetrating or attempting to

24                              perpetrate a felony enumerated in

25                              s. 782.04(3).

26  782.07(2)          1st      Aggravated manslaughter of an

27                              elderly person or disabled adult.

28  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

29                              reward or as a shield or hostage.

30  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

31                              or facilitate commission of any

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1                              felony.

  2  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

  3                              interfere with performance of any

  4                              governmental or political

  5                              function.

  6  787.02(3)(a)       1st      False imprisonment; child under

  7                              age 13; perpetrator also commits

  8                              aggravated child abuse, sexual

  9                              battery, or lewd or lascivious

10                              battery, molestation, conduct, or

11                              exhibition.

12  790.161            1st      Attempted capital destructive

13                              device offense.

14  790.166(2)         1st,PBL  Possessing, selling, using, or

15                              attempting to use a weapon of

16                              mass destruction.

17  794.011(2)         1st      Attempted sexual battery; victim

18                              less than 12 years of age.

19  794.011(2)         Life     Sexual battery; offender younger

20                              than 18 years and commits sexual

21                              battery on a person less than 12

22                              years.

23  794.011(4)         1st      Sexual battery; victim 12 years

24                              or older, certain circumstances.

25  794.011(8)(b)      1st      Sexual battery; engage in sexual

26                              conduct with minor 12 to 18 years

27                              by person in familial or

28                              custodial authority.

29  800.04(5)(b)       1st      Lewd or lascivious molestation;

30                              victim less than 12 years;

31                              offender 18 years or older.

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  812.13(2)(a)       1st,PBL  Robbery with firearm or other

  2                              deadly weapon.

  3  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

  4                              deadly weapon.

  5  827.03(2)          1st      Aggravated child abuse.

  6  847.0145(1)        1st      Selling, or otherwise

  7                              transferring custody or control,

  8                              of a minor.

  9  847.0145(2)        1st      Purchasing, or otherwise

10                              obtaining custody or control, of

11                              a minor.

12  859.01             1st      Poisoning or introducing

13                              bacteria, radioactive materials,

14                              viruses, or chemical compounds

15                              into food, drink, medicine, or

16                              water with intent to kill or

17                              injure another person.

18  893.135            1st      Attempted capital trafficking

19                              offense.

20  893.135(1)(a)3.    1st      Trafficking in cannabis, more

21                              than 10,000 lbs.

22  893.135

23   (1)(b)1.c.        1st      Trafficking in cocaine, more than

24                              400 grams, less than 150

25                              kilograms.

26  893.135

27   (1)(c)1.c.        1st      Trafficking in illegal drugs,

28                              more than 28 grams, less than 30

29                              kilograms.

30  893.135

31   (1)(d)1.c.        1st      Trafficking in phencyclidine,

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1                              more than 400 grams.

  2  893.135

  3   (1)(e)1.c.        1st      Trafficking in methaqualone, more

  4                              than 25 kilograms.

  5  893.135

  6   (1)(f)1.c.        1st      Trafficking in amphetamine, more

  7                              than 200 grams.

  8  893.135

  9   (1)(h)1.c.        1st      Trafficking in

10                              gamma-hydroxybutyric acid (GHB),

11                              10 kilograms or more.

12  893.135

13   (1)(i)1.c.        1st      Trafficking in 1,4-Butanediol, 10

14                              kilograms or more.

15  893.135

16   (1)(j)2.c.        1st      Trafficking in Phenethylamines,

17                              400 grams or more.

18  896.101(5)(c)      1st      Money laundering, financial

19                              instruments totaling or exceeding

20                              $100,000.

21  896.104(4)(a)3.    1st      Structuring transactions to evade

22                              reporting or registration

23                              requirements, financial

24                              transactions totaling or

25                              exceeding $100,000.

26         Section 11.  Section 938.07, Florida Statutes, is

27  amended to read:

28         938.07  Driving or boating under the

29  influence.--Notwithstanding any other provision of s. 316.193

30  or s. 327.35, a court cost of $135 shall be added to any fine

31  imposed pursuant to s. 316.193 or s. 327.35. The clerks shall

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  remit the funds to the Department of Revenue, $25 of which

  2  shall be deposited in the Emergency Medical Services Trust

  3  Fund, $50 shall be deposited in the Criminal Justice Standards

  4  and Training Trust Fund of the Department of Law Enforcement

  5  to be used for operational expenses in conducting the

  6  statewide criminal analysis laboratory system established in

  7  s. 943.32, and $60 shall be deposited in the Brain and Spinal

  8  Cord Injury Rehabilitation Trust Fund created in s. 381.79.

  9         Section 12.  Paragraph (d) of subsection (2) of section

10  943.05, Florida Statutes, is amended to read:

11         943.05  Criminal Justice Information Program; duties;

12  crime reports.--

13         (2)  The program shall:

14         (d)  Adopt rules to effectively and efficiently

15  implement, administer, manage, maintain, and use the automated

16  fingerprint identification system and uniform offense reports

17  and arrest reports.  The rules shall be considered minimum

18  requirements and shall not preclude a criminal justice agency

19  from implementing its own enhancements. However, rules and

20  forms prescribing uniform arrest or probable cause affidavits

21  and alcohol influence reports to be used by all law

22  enforcement agencies in making DUI arrests under s. 316.193

23  shall be adopted, and shall be used by all law enforcement

24  agencies in this state. The rules and forms prescribing such

25  uniform affidavits and reports shall be adopted and

26  implemented by July 1, 2004. Failure to use these uniform

27  affidavits and reports, however, shall not prohibit

28  prosecution under s. 316.193.

29         Section 13.  The sum of $216,062 is appropriated for

30  fiscal year 2002-2003 from recurring general revenue to the

31  Department of Corrections to be used for the purpose of

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1  implementing this act.

  2         Section 14.  This act shall take effect July 1, 2002.

  3

  4

  5  ================ T I T L E   A M E N D M E N T ===============

  6  And the title is amended as follows:

  7         Delete everything before the enacting clause

  8

  9  and insert:

10                      A bill to be entitled

11         An act relating to driving or boating under the

12         influence of alcohol or controlled substances;

13         amending s. 316.193, F.S.; reducing the number

14         of convictions required for a felony DUI;

15         requiring mandatory placement of an ignition

16         interlock device under certain circumstances;

17         revising conditions for conviction in cases of

18         accident, serious bodily injury, or death;

19         removing a cross reference; amending s.

20         316.1932, F.S.; requiring a law enforcement

21         officer to inform a person that refusal to

22         submit to certain tests is a misdemeanor;

23         amending s. 316.1933, F.S.; requiring a person

24         to submit to a blood test under certain

25         circumstances; amending s. 316.1937, F.S.;

26         requiring placement of an ignition interlock

27         device under certain circumstances; providing

28         for supervision and reporting to the

29         department; directing the court regarding

30         requirements for ignition interlock devices;

31         creating s. 316.1939, F.S.; providing a penalty

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/HB 1057, 2nd Eng.

    Amendment No. ___   Barcode 530358





  1         for refusing to submit to a chemical or

  2         physical test of breath, urine, or blood;

  3         providing application; amending s. 327.35,

  4         F.S.; reducing the number of convictions

  5         required for a felony BUI; revising conditions

  6         for conviction in cases of accident, serious

  7         bodily injury, or death; conforming cross

  8         references; amending s. 327.352, F.S.;

  9         providing for notification that refusal to

10         submit to a test of breath, blood, or urine

11         under certain circumstances is a misdemeanor;

12         amending s. 327.353, F.S.; requiring a person

13         to submit to a blood test under certain

14         circumstances; providing that the test need not

15         be incidental to a lawful arrest; creating s.

16         327.359, F.S.; providing a penalty for refusing

17         to submit to a chemical or physical test of

18         breath, urine, or blood; providing application;

19         amending s. 921.0022, F.S.; revising provisions

20         relating to certain DUI offenses; including

21         certain BUI offenses within the offense

22         severity ranking chart; amending s. 938.07,

23         F.S.; providing for application of a fee to

24         persons found guilty of boating under the

25         influence; conforming a cross reference;

26         amending s. 943.05, F.S.; providing for

27         adoption of rules and forms for making DUI

28         arrests; providing an appropriation; providing

29         an effective date.

30

31

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