Amendment
Bill No. 0187
Amendment No. 473821
CHAMBER ACTION
Senate House
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1Representative Porth offered the following:
2
3     Amendment
4     Remove lines 309-571 and insert:
5required inspection of such instrument.
6
7Full information does not include manuals, schematics, or
8software of the instrument used to test the person or any other
9material that is not in the actual possession of the state.
10Additionally, full information does not include information in
11the possession of the manufacturer of the test instrument.
12     5.  A hospital, clinical laboratory, medical clinic, or
13similar medical institution or physician, certified paramedic,
14registered nurse, licensed practical nurse, other personnel
15authorized by a hospital to draw blood, or duly licensed
16clinical laboratory director, supervisor, technologist, or
17technician, or other person assisting a law enforcement officer
18does not incur any civil or criminal liability as a result of
19the withdrawal or analysis of a blood or urine specimen, or the
20chemical or physical test of a person's breath pursuant to
21accepted medical standards when requested by a law enforcement
22officer, regardless of whether or not the subject resisted
23administration of the test.
24     Section 2.  Section 316.1939, Florida Statutes, is amended
25to read:
26     316.1939  Refusal to submit to testing; penalties.--
27     (1)  Any person who has refused to submit to a chemical or
28physical test of his or her breath, blood, or urine, as
29described in s. 316.1932, and whose driving privilege was
30previously suspended for a prior refusal to submit to a lawful
31test of his or her breath, urine, or blood, and:
32     (a)  Who the arresting law enforcement officer had probable
33cause to believe was driving or in actual physical control of a
34motor vehicle in this state while under the influence of
35alcoholic beverages, chemical substances, or controlled
36substances;
37     (b)  Who was placed under lawful arrest for a violation of
38s. 316.193 unless such test was requested pursuant to s.
39316.1932(1)(c);
40     (c)  Who was informed that, if he or she refused to submit
41to such test, his or her privilege to operate a motor vehicle
42would be suspended for a period of 1 year or, in the case of a
43second or subsequent refusal, for a period of 18 months;
44     (d)  Who was informed that a refusal to submit to a lawful
45test of his or her breath, urine, or blood, if his or her
46driving privilege has been previously suspended for a prior
47refusal to submit to a lawful test of his or her breath, urine,
48or blood, is a misdemeanor; and
49     (e)  Who, after having been so informed, refused to submit
50to any such test when requested to do so by a law enforcement
51officer or correctional officer,
52
53commits the offense of refusal to submit to testing. If such
54person's driving privilege was previously suspended for a prior
55refusal to submit to a lawful test of his or her breath, urine,
56or blood, such offense is a misdemeanor of the first degree,
57punishable and is subject to punishment as provided in s.
58775.082 or s. 775.083. If such person's driving privilege was
59not previously suspended for a prior refusal to submit to a
60lawful test of his or her breath, urine, or blood, such offense
61shall be punished by imprisonment for not more than 6 months and
62by a fine of up to $500.
63     (2)  The disposition of any administrative proceeding that
64relates to the suspension of a person's driving privilege does
65not affect a criminal action under this section.
66     (3)  The disposition of a criminal action under this
67section does not affect any administrative proceeding that
68relates to the suspension of a person's driving privilege. The
69department's records showing that a person's license has been
70previously suspended for a prior refusal to submit to a lawful
71test of his or her breath, urine, or blood shall be admissible
72and shall create a rebuttable presumption of such suspension.
73     Section 3.  Paragraphs (a), (c), and (e) of subsection (1)
74of section 327.352, Florida Statutes, are amended to read:
75     327.352  Tests for alcohol, chemical substances, or
76controlled substances; implied consent; refusal.--
77     (1)(a)1.  The Legislature declares that the operation of a
78vessel is a privilege that must be exercised in a reasonable
79manner. In order to protect the public health and safety, it is
80essential that a lawful and effective means of reducing the
81incidence of boating while impaired or intoxicated be
82established. Therefore, any person who accepts the privilege
83extended by the laws of this state of operating a vessel within
84this state is, by so operating such vessel, deemed to have given
85his or her consent to submit to an approved chemical test or
86physical test including, but not limited to, an infrared light
87test of his or her breath for the purpose of determining the
88alcoholic content of his or her blood or breath if the person is
89lawfully arrested for any offense allegedly committed while the
90person was operating a vessel while under the influence of
91alcoholic beverages. The chemical or physical breath test must
92be incidental to a lawful arrest and administered at the request
93of a law enforcement officer who has reasonable cause to believe
94such person was operating the vessel within this state while
95under the influence of alcoholic beverages. The administration
96of a breath test does not preclude the administration of another
97type of test. The person shall be told that his or her failure
98to submit to any lawful test of his or her breath will result in
99a civil penalty of $500, and shall also be told that if he or
100she refuses to submit to a lawful test of his or her breath and
101he or she has been previously fined for refusal to submit to any
102lawful test of his or her breath, urine, or blood, he or she
103commits a misdemeanor in addition to any other penalties. The
104refusal to submit to a chemical or physical breath test upon the
105request of a law enforcement officer as provided in this section
106is admissible into evidence in any criminal proceeding.
107     2.  Any person who accepts the privilege extended by the
108laws of this state of operating a vessel within this state is,
109by so operating such vessel, deemed to have given his or her
110consent to submit to a urine test for the purpose of detecting
111the presence of chemical substances as set forth in s. 877.111
112or controlled substances if the person is lawfully arrested for
113any offense allegedly committed while the person was operating a
114vessel while under the influence of chemical substances or
115controlled substances. The urine test must be incidental to a
116lawful arrest and administered at a detention facility or any
117other facility, mobile or otherwise, which is equipped to
118administer such tests at the request of a law enforcement
119officer who has reasonable cause to believe such person was
120operating a vessel within this state while under the influence
121of chemical substances or controlled substances. The urine test
122shall be administered at a detention facility or any other
123facility, mobile or otherwise, which is equipped to administer
124such test in a reasonable manner that will ensure the accuracy
125of the specimen and maintain the privacy of the individual
126involved. The administration of a urine test does not preclude
127the administration of another type of test. The person shall be
128told that his or her failure to submit to any lawful test of his
129or her urine will result in a civil penalty of $500, and shall
130also be told that if he or she refuses to submit to a lawful
131test of his or her urine and he or she has been previously fined
132for refusal to submit to any lawful test of his or her breath,
133urine, or blood, he or she commits a misdemeanor in addition to
134any other penalties. The refusal to submit to a urine test upon
135the request of a law enforcement officer as provided in this
136section is admissible into evidence in any criminal proceeding.
137     (c)  Any person who accepts the privilege extended by the
138laws of this state of operating a vessel within this state is,
139by operating such vessel, deemed to have given his or her
140consent to submit to an approved blood test for the purpose of
141determining the alcoholic content of the blood or a blood test
142for the purpose of determining the presence of chemical
143substances or controlled substances as provided in this section
144if there is reasonable cause to believe the person was operating
145a vessel while under the influence of alcoholic beverages or
146chemical or controlled substances and the person appears for
147treatment at a hospital, clinic, or other medical facility and
148the administration of a breath or urine test is impractical or
149impossible. As used in this paragraph, the term "other medical
150facility" includes an ambulance or other medical emergency
151vehicle. The blood test shall be performed in a reasonable
152manner. Any person who is incapable of refusal by reason of
153unconsciousness or other mental or physical condition is deemed
154not to have withdrawn his or her consent to such test. Any
155person who is capable of refusal shall be told that his or her
156failure to submit to such a blood test will result in a civil
157penalty of $500 and that a refusal to submit to a lawful test of
158his or her blood, if he or she has previously been fined for
159refusal to submit to any lawful test of his or her breath,
160urine, or blood, is a misdemeanor. The refusal to submit to a
161blood test upon the request of a law enforcement officer shall
162be admissible in evidence in any criminal proceeding.
163     (e)1.  The tests determining the weight of alcohol in the
164defendant's blood or breath shall be administered at the request
165of a law enforcement officer substantially in accordance with
166rules of the Department of Law Enforcement. However, the failure
167of a law enforcement officer to request the withdrawal of blood
168does not affect the admissibility of a test of blood withdrawn
169for medical purposes.
170     2.  Only a physician, certified paramedic, registered
171nurse, licensed practical nurse, other personnel authorized by a
172hospital to draw blood, or duly licensed clinical laboratory
173director, supervisor, technologist, or technician, acting at the
174request of a law enforcement officer, may withdraw blood for the
175purpose of determining its alcoholic content or the presence of
176chemical substances or controlled substances therein. However,
177the failure of a law enforcement officer to request the
178withdrawal of blood does not affect the admissibility of a test
179of blood withdrawn for medical purposes.
180     3.  The person tested may, at his or her own expense, have
181a physician, registered nurse, other personnel authorized by a
182hospital to draw blood, or duly licensed clinical laboratory
183director, supervisor, technologist, or technician, or other
184person of his or her own choosing administer an independent test
185in addition to the test administered at the direction of the law
186enforcement officer for the purpose of determining the amount of
187alcohol in the person's blood or breath or the presence of
188chemical substances or controlled substances at the time
189alleged, as shown by chemical analysis of his or her blood or
190urine, or by chemical or physical test of his or her breath. The
191failure or inability to obtain an independent test by a person
192does not preclude the admissibility in evidence of the test
193taken at the direction of the law enforcement officer. The law
194enforcement officer shall not interfere with the person's
195opportunity to obtain the independent test and shall provide the
196person with timely telephone access to secure the test, but the
197burden is on the person to arrange and secure the test at the
198person's own expense.
199     4.  Upon the request of the person tested, full information
200concerning the results of the test taken at the direction of the
201law enforcement officer shall be made available to the person or
202his or her attorney. Full information is limited to the
203following:
204     a.  The type of test administered and the procedures
205followed.
206     b.  The time of the collection of the blood or breath
207sample analyzed.
208     c.  The numerical results of the test indicating the
209alcohol content of the blood and breath.
210     d.  The type and status of any permit issued by the
211Department of Law Enforcement which was held by the person who
212performed the test.
213     e.  If the test was administered by means of a breath
214testing instrument, the date of performance of the most recent
215required inspection of such instrument.
216
217Full information does not include manuals, schematics, or
218software of the instrument used to test the person or any other
219material that is not in the actual possession of the state.
220Additionally, full information does not include information in
221the possession of the manufacturer of the test instrument.
222     5.  A hospital, clinical laboratory, medical clinic, or
223similar medical institution or physician, certified paramedic,
224registered nurse, licensed practical nurse, other personnel
225authorized by a hospital to draw blood, or duly licensed
226clinical laboratory director, supervisor, technologist, or
227technician, or other person assisting a law enforcement officer
228does not incur any civil or criminal liability as a result of
229the withdrawal or analysis of a blood or urine specimen, or the
230chemical or physical test of a person's breath pursuant to
231accepted medical standards when requested by a law enforcement
232officer, regardless of whether or not the subject resisted
233administration of the test.
234     Section 4.  Section 327.359, Florida Statutes, is amended
235to read:
236     327.359  Refusal to submit to testing; penalties.--Any
237person who has refused to submit to a chemical or physical test
238of his or her breath, blood, or urine, as described in s.
239327.352, and who has been previously fined for refusal to submit
240to a lawful test of his or her breath, urine, or blood, and:
241     (1)  Who the arresting law enforcement officer had probable
242cause to believe was operating or in actual physical control of
243a vessel in this state while under the influence of alcoholic
244beverages, chemical substances, or controlled substances;
245     (2)  Who was placed under lawful arrest for a violation of
246s. 327.35 unless such test was requested pursuant to s.
247327.352(1)(c);
248     (3)  Who was informed that if he or she refused to submit
249to such test he or she is subject to a fine of $500;
250     (4)  Who was informed that a refusal to submit to a lawful
251test of his or her breath, urine, or blood, if he or she has
252been previously fined for refusal to submit to a lawful test of
253his or her breath, urine, or blood, is a misdemeanor; and
254     (5)  Who, after having been so informed, refused to submit
255to any such test when requested to do so by a law enforcement
256officer or correctional officer,
257
258commits the offense of refusal to submit to testing. If such
259person has previously been fined for a prior refusal to submit
260to a lawful test of his or her breath, urine, or blood, such
261offense is a misdemeanor of the first degree, punishable and is
262subject to punishment as provided in s. 775.082 or s. 775.083.
263If such person has not previously been fined for a prior refusal
264to submit to a lawful test of his or her breath, urine, or
265blood, such offense shall be punished by imprisonment for not
266more than 6 months and by a fine of up to $500.


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