HB 0187CS

CHAMBER ACTION



1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to lawful testing for alcohol, chemical
7substances, or controlled substances; amending s.
8316.1932, F.S.; revising provisions to notify a person
9that refusal to submit to a lawful test of the person's
10breath, urine, or blood is a misdemeanor, to conform to
11changes made by the act; limiting information to be made
12available to a person tested to determine the amount of
13alcohol in the person's blood or breath or the presence of
14chemical substances or controlled substances; amending s.
15316.1939, F.S.; removing prior suspension as a condition
16for the commission of a misdemeanor by refusal to submit
17to a lawful test of breath, urine, or blood; amending s.
18327.352, F.S.; revising provisions to notify a person that
19refusal to submit to a lawful test of the person's breath,
20urine, or blood is a misdemeanor, to conform to changes
21made by the act; limiting information to be made available
22to a person tested to determine the amount of alcohol in
23the person's blood or breath or the presence of chemical
24substances or controlled substances; amending s. 327.359,
25F.S.; removing prior suspension as a condition for the
26commission of a misdemeanor by refusal to submit to a
27lawful test of breath, urine, or blood; providing an
28effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Paragraphs (a), (c), and (f) of subsection (1)
33of section 316.1932, Florida Statutes, are amended to read:
34     316.1932  Tests for alcohol, chemical substances, or
35controlled substances; implied consent; refusal.--
36     (1)(a)1.a.  Any person who accepts the privilege extended
37by the laws of this state of operating a motor vehicle within
38this state is, by so operating such vehicle, deemed to have
39given his or her consent to submit to an approved chemical test
40or physical test including, but not limited to, an infrared
41light test of his or her breath for the purpose of determining
42the alcoholic content of his or her blood or breath if the
43person is lawfully arrested for any offense allegedly committed
44while the person was driving or was in actual physical control
45of a motor vehicle while under the influence of alcoholic
46beverages. The chemical or physical breath test must be
47incidental to a lawful arrest and administered at the request of
48a law enforcement officer who has reasonable cause to believe
49such person was driving or was in actual physical control of the
50motor vehicle within this state while under the influence of
51alcoholic beverages. The administration of a breath test does
52not preclude the administration of another type of test. The
53person shall be told that his or her failure to submit to any
54lawful test of his or her breath will result in the suspension
55of the person's privilege to operate a motor vehicle for a
56period of 1 year for a first refusal, or for a period of 18
57months if the driving privilege of such person has been
58previously suspended as a result of a refusal to submit to such
59a test or tests, and shall also be told that if he or she
60refuses to submit to a lawful test of his or her breath and his
61or her driving privilege has been previously suspended for a
62prior refusal to submit to a lawful test of his or her breath,
63urine, or blood, he or she commits a misdemeanor in addition to
64any other penalties. The refusal to submit to a chemical or
65physical breath test upon the request of a law enforcement
66officer as provided in this section is admissible into evidence
67in any criminal proceeding.
68     b.  Any person who accepts the privilege extended by the
69laws of this state of operating a motor vehicle within this
70state is, by so operating such vehicle, deemed to have given his
71or her consent to submit to a urine test for the purpose of
72detecting the presence of chemical substances as set forth in s.
73877.111 or controlled substances if the person is lawfully
74arrested for any offense allegedly committed while the person
75was driving or was in actual physical control of a motor vehicle
76while under the influence of chemical substances or controlled
77substances. The urine test must be incidental to a lawful arrest
78and administered at a detention facility or any other facility,
79mobile or otherwise, which is equipped to administer such tests
80at the request of a law enforcement officer who has reasonable
81cause to believe such person was driving or was in actual
82physical control of a motor vehicle within this state while
83under the influence of chemical substances or controlled
84substances. The urine test shall be administered at a detention
85facility or any other facility, mobile or otherwise, which is
86equipped to administer such test in a reasonable manner that
87will ensure the accuracy of the specimen and maintain the
88privacy of the individual involved. The administration of a
89urine test does not preclude the administration of another type
90of test. The person shall be told that his or her failure to
91submit to any lawful test of his or her urine will result in the
92suspension of the person's privilege to operate a motor vehicle
93for a period of 1 year for the first refusal, or for a period of
9418 months if the driving privilege of such person has been
95previously suspended as a result of a refusal to submit to such
96a test or tests, and shall also be told that if he or she
97refuses to submit to a lawful test of his or her urine and his
98or her driving privilege has been previously suspended for a
99prior refusal to submit to a lawful test of his or her breath,
100urine, or blood, he or she commits a misdemeanor in addition to
101any other penalties. The refusal to submit to a urine test upon
102the request of a law enforcement officer as provided in this
103section is admissible into evidence in any criminal proceeding.
104     2.  The Alcohol Testing Program within the Department of
105Law Enforcement is responsible for the regulation of the
106operation, inspection, and registration of breath test
107instruments utilized under the driving and boating under the
108influence provisions and related provisions located in this
109chapter and chapters 322 and 327. The program is responsible for
110the regulation of the individuals who operate, inspect, and
111instruct on the breath test instruments utilized in the driving
112and boating under the influence provisions and related
113provisions located in this chapter and chapters 322 and 327. The
114program is further responsible for the regulation of blood
115analysts who conduct blood testing to be utilized under the
116driving and boating under the influence provisions and related
117provisions located in this chapter and chapters 322 and 327. The
118program shall:
119     a.  Establish uniform criteria for the issuance of permits
120to breath test operators, agency inspectors, instructors, blood
121analysts, and instruments.
122     b.  Have the authority to permit breath test operators,
123agency inspectors, instructors, blood analysts, and instruments.
124     c.  Have the authority to discipline and suspend, revoke,
125or renew the permits of breath test operators, agency
126inspectors, instructors, blood analysts, and instruments.
127     d.  Establish uniform requirements for instruction and
128curricula for the operation and inspection of approved
129instruments.
130     e.  Have the authority to specify one approved curriculum
131for the operation and inspection of approved instruments.
132     f.  Establish a procedure for the approval of breath test
133operator and agency inspector classes.
134     g.  Have the authority to approve or disapprove breath test
135instruments and accompanying paraphernalia for use pursuant to
136the driving and boating under the influence provisions and
137related provisions located in this chapter and chapters 322 and
138327.
139     h.  With the approval of the executive director of the
140Department of Law Enforcement, make and enter into contracts and
141agreements with other agencies, organizations, associations,
142corporations, individuals, or federal agencies as are necessary,
143expedient, or incidental to the performance of duties.
144     i.  Issue final orders which include findings of fact and
145conclusions of law and which constitute final agency action for
146the purpose of chapter 120.
147     j.  Enforce compliance with the provisions of this section
148through civil or administrative proceedings.
149     k.  Make recommendations concerning any matter within the
150purview of this section, this chapter, chapter 322, or chapter
151327.
152     l.  Promulgate rules for the administration and
153implementation of this section, including definitions of terms.
154     m.  Consult and cooperate with other entities for the
155purpose of implementing the mandates of this section.
156     n.  Have the authority to approve the type of blood test
157utilized under the driving and boating under the influence
158provisions and related provisions located in this chapter and
159chapters 322 and 327.
160     o.  Have the authority to specify techniques and methods
161for breath alcohol testing and blood testing utilized under the
162driving and boating under the influence provisions and related
163provisions located in this chapter and chapters 322 and 327.
164     p.  Have the authority to approve repair facilities for the
165approved breath test instruments, including the authority to set
166criteria for approval.
167
168Nothing in this section shall be construed to supersede
169provisions in this chapter and chapters 322 and 327. The
170specifications in this section are derived from the power and
171authority previously and currently possessed by the Department
172of Law Enforcement and are enumerated to conform with the
173mandates of chapter 99-379, Laws of Florida.
174     (c)  Any person who accepts the privilege extended by the
175laws of this state of operating a motor vehicle within this
176state is, by operating such vehicle, deemed to have given his or
177her consent to submit to an approved blood test for the purpose
178of determining the alcoholic content of the blood or a blood
179test for the purpose of determining the presence of chemical
180substances or controlled substances as provided in this section
181if there is reasonable cause to believe the person was driving
182or in actual physical control of a motor vehicle while under the
183influence of alcoholic beverages or chemical or controlled
184substances and the person appears for treatment at a hospital,
185clinic, or other medical facility and the administration of a
186breath or urine test is impractical or impossible. As used in
187this paragraph, the term "other medical facility" includes an
188ambulance or other medical emergency vehicle. The blood test
189shall be performed in a reasonable manner. Any person who is
190incapable of refusal by reason of unconsciousness or other
191mental or physical condition is deemed not to have withdrawn his
192or her consent to such test. A blood test may be administered
193whether or not the person is told that his or her failure to
194submit to such a blood test will result in the suspension of the
195person's privilege to operate a motor vehicle upon the public
196highways of this state and that a refusal to submit to a lawful
197test of his or her blood, if his or her driving privilege has
198been previously suspended for refusal to submit to a lawful test
199of his or her breath, urine, or blood, is a misdemeanor. Any
200person who is capable of refusal shall be told that his or her
201failure to submit to such a blood test will result in the
202suspension of the person's privilege to operate a motor vehicle
203for a period of 1 year for a first refusal, or for a period of
20418 months if the driving privilege of the person has been
205suspended previously as a result of a refusal to submit to such
206a test or tests, and that a refusal to submit to a lawful test
207of his or her blood, if his or her driving privilege has been
208previously suspended for a prior refusal to submit to a lawful
209test of his or her breath, urine, or blood, is a misdemeanor.
210The refusal to submit to a blood test upon the request of a law
211enforcement officer is admissible in evidence in any criminal
212proceeding.
213     (f)1.  The tests determining the weight of alcohol in the
214defendant's blood or breath shall be administered at the request
215of a law enforcement officer substantially in accordance with
216rules of the Department of Law Enforcement. Such rules must
217specify precisely the test or tests that are approved by the
218Department of Law Enforcement for reliability of result and ease
219of administration, and must provide an approved method of
220administration which must be followed in all such tests given
221under this section. However, the failure of a law enforcement
222officer to request the withdrawal of blood does not affect the
223admissibility of a test of blood withdrawn for medical purposes.
224     2.a.  Only a physician, certified paramedic, registered
225nurse, licensed practical nurse, other personnel authorized by a
226hospital to draw blood, or duly licensed clinical laboratory
227director, supervisor, technologist, or technician, acting at the
228request of a law enforcement officer, may withdraw blood for the
229purpose of determining its alcoholic content or the presence of
230chemical substances or controlled substances therein. However,
231the failure of a law enforcement officer to request the
232withdrawal of blood does not affect the admissibility of a test
233of blood withdrawn for medical purposes.
234     b.  Notwithstanding any provision of law pertaining to the
235confidentiality of hospital records or other medical records, if
236a health care provider, who is providing medical care in a
237health care facility to a person injured in a motor vehicle
238crash, becomes aware, as a result of any blood test performed in
239the course of that medical treatment, that the person's blood-
240alcohol level meets or exceeds the blood-alcohol level specified
241in s. 316.193(1)(b), the health care provider may notify any law
242enforcement officer or law enforcement agency. Any such notice
243must be given within a reasonable time after the health care
244provider receives the test result. Any such notice shall be used
245only for the purpose of providing the law enforcement officer
246with reasonable cause to request the withdrawal of a blood
247sample pursuant to this section.
248     c.  The notice shall consist only of the name of the person
249being treated, the name of the person who drew the blood, the
250blood-alcohol level indicated by the test, and the date and time
251of the administration of the test.
252     d.  Nothing contained in s. 395.3025(4), s. 456.057, or any
253applicable practice act affects the authority to provide notice
254under this section, and the health care provider is not
255considered to have breached any duty owed to the person under s.
256395.3025(4), s. 456.057, or any applicable practice act by
257providing notice or failing to provide notice. It shall not be a
258breach of any ethical, moral, or legal duty for a health care
259provider to provide notice or fail to provide notice.
260     e.  A civil, criminal, or administrative action may not be
261brought against any person or health care provider participating
262in good faith in the provision of notice or failure to provide
263notice as provided in this section. Any person or health care
264provider participating in the provision of notice or failure to
265provide notice as provided in this section shall be immune from
266any civil or criminal liability and from any professional
267disciplinary action with respect to the provision of notice or
268failure to provide notice under this section. Any such
269participant has the same immunity with respect to participating
270in any judicial proceedings resulting from the notice or failure
271to provide notice.
272     3.  The person tested may, at his or her own expense, have
273a physician, registered nurse, other personnel authorized by a
274hospital to draw blood, or duly licensed clinical laboratory
275director, supervisor, technologist, or technician, or other
276person of his or her own choosing administer an independent test
277in addition to the test administered at the direction of the law
278enforcement officer for the purpose of determining the amount of
279alcohol in the person's blood or breath or the presence of
280chemical substances or controlled substances at the time
281alleged, as shown by chemical analysis of his or her blood or
282urine, or by chemical or physical test of his or her breath. The
283failure or inability to obtain an independent test by a person
284does not preclude the admissibility in evidence of the test
285taken at the direction of the law enforcement officer. The law
286enforcement officer shall not interfere with the person's
287opportunity to obtain the independent test and shall provide the
288person with timely telephone access to secure the test, but the
289burden is on the person to arrange and secure the test at the
290person's own expense.
291     4.  Upon the request of the person tested, full information
292concerning the results of the test taken at the direction of the
293law enforcement officer shall be made available to the person or
294his or her attorney. Full information is limited to the
295following:
296     a.  The type of test administered and the procedures
297followed.
298     b.  The time of the collection of the blood or breath
299sample analyzed.
300     c.  The numerical results of the test indicating the
301alcohol content of the blood and breath.
302     d.  The type and status of any permit issued by the
303Department of Law Enforcement which was held by the person who
304performed the test.
305     e.  If the test was administered by means of a breath
306testing instrument, the date of performance of the most recent
307required maintenance of such instrument.
308
309Full information does not include manuals, schematics, or
310software of the instrument used to test the person or any other
311material that is not in the actual possession of the state.
312Additionally, full information does not include information in
313the possession of the manufacturer of the test instrument.
314     5.  A hospital, clinical laboratory, medical clinic, or
315similar medical institution or physician, certified paramedic,
316registered nurse, licensed practical nurse, other personnel
317authorized by a hospital to draw blood, or duly licensed
318clinical laboratory director, supervisor, technologist, or
319technician, or other person assisting a law enforcement officer
320does not incur any civil or criminal liability as a result of
321the withdrawal or analysis of a blood or urine specimen, or the
322chemical or physical test of a person's breath pursuant to
323accepted medical standards when requested by a law enforcement
324officer, regardless of whether or not the subject resisted
325administration of the test.
326     Section 2.  Section 316.1939, Florida Statutes, is amended
327to read:
328     316.1939  Refusal to submit to testing; penalties.--
329     (1)  Any person who has refused to submit to a chemical or
330physical test of his or her breath, blood, or urine, as
331described in s. 316.1932, and whose driving privilege was
332previously suspended for a prior refusal to submit to a lawful
333test of his or her breath, urine, or blood, and:
334     (a)  Who the arresting law enforcement officer had probable
335cause to believe was driving or in actual physical control of a
336motor vehicle in this state while under the influence of
337alcoholic beverages, chemical substances, or controlled
338substances;
339     (b)  Who was placed under lawful arrest for a violation of
340s. 316.193 unless such test was requested pursuant to s.
341316.1932(1)(c);
342     (c)  Who was informed that, if he or she refused to submit
343to such test, his or her privilege to operate a motor vehicle
344would be suspended for a period of 1 year or, in the case of a
345second or subsequent refusal, for a period of 18 months;
346     (d)  Who was informed that a refusal to submit to a lawful
347test of his or her breath, urine, or blood, if his or her
348driving privilege has been previously suspended for a prior
349refusal to submit to a lawful test of his or her breath, urine,
350or blood, is a misdemeanor; and
351     (e)  Who, after having been so informed, refused to submit
352to any such test when requested to do so by a law enforcement
353officer or correctional officer,
354
355commits a misdemeanor of the first degree, punishable and is
356subject to punishment as provided in s. 775.082 or s. 775.083.
357     (2)  The disposition of any administrative proceeding that
358relates to the suspension of a person's driving privilege does
359not affect a criminal action under this section.
360     (3)  The disposition of a criminal action under this
361section does not affect any administrative proceeding that
362relates to the suspension of a person's driving privilege. The
363department's records showing that a person's license has been
364previously suspended for a prior refusal to submit to a lawful
365test of his or her breath, urine, or blood shall be admissible
366and shall create a rebuttable presumption of such suspension.
367     Section 3.  Paragraphs (a), (c), and (e) of subsection (1)
368of section 327.352, Florida Statutes, are amended to read:
369     327.352  Tests for alcohol, chemical substances, or
370controlled substances; implied consent; refusal.--
371     (1)(a)1.  The Legislature declares that the operation of a
372vessel is a privilege that must be exercised in a reasonable
373manner. In order to protect the public health and safety, it is
374essential that a lawful and effective means of reducing the
375incidence of boating while impaired or intoxicated be
376established. Therefore, any person who accepts the privilege
377extended by the laws of this state of operating a vessel within
378this state is, by so operating such vessel, deemed to have given
379his or her consent to submit to an approved chemical test or
380physical test including, but not limited to, an infrared light
381test of his or her breath for the purpose of determining the
382alcoholic content of his or her blood or breath if the person is
383lawfully arrested for any offense allegedly committed while the
384person was operating a vessel while under the influence of
385alcoholic beverages. The chemical or physical breath test must
386be incidental to a lawful arrest and administered at the request
387of a law enforcement officer who has reasonable cause to believe
388such person was operating the vessel within this state while
389under the influence of alcoholic beverages. The administration
390of a breath test does not preclude the administration of another
391type of test. The person shall be told that his or her failure
392to submit to any lawful test of his or her breath will result in
393a civil penalty of $500, and shall also be told that if he or
394she refuses to submit to a lawful test of his or her breath and
395he or she has been previously fined for refusal to submit to any
396lawful test of his or her breath, urine, or blood, he or she
397commits a misdemeanor in addition to any other penalties. The
398refusal to submit to a chemical or physical breath test upon the
399request of a law enforcement officer as provided in this section
400is admissible into evidence in any criminal proceeding.
401     2.  Any person who accepts the privilege extended by the
402laws of this state of operating a vessel within this state is,
403by so operating such vessel, deemed to have given his or her
404consent to submit to a urine test for the purpose of detecting
405the presence of chemical substances as set forth in s. 877.111
406or controlled substances if the person is lawfully arrested for
407any offense allegedly committed while the person was operating a
408vessel while under the influence of chemical substances or
409controlled substances. The urine test must be incidental to a
410lawful arrest and administered at a detention facility or any
411other facility, mobile or otherwise, which is equipped to
412administer such tests at the request of a law enforcement
413officer who has reasonable cause to believe such person was
414operating a vessel within this state while under the influence
415of chemical substances or controlled substances. The urine test
416shall be administered at a detention facility or any other
417facility, mobile or otherwise, which is equipped to administer
418such test in a reasonable manner that will ensure the accuracy
419of the specimen and maintain the privacy of the individual
420involved. The administration of a urine test does not preclude
421the administration of another type of test. The person shall be
422told that his or her failure to submit to any lawful test of his
423or her urine will result in a civil penalty of $500, and shall
424also be told that if he or she refuses to submit to a lawful
425test of his or her urine and he or she has been previously fined
426for refusal to submit to any lawful test of his or her breath,
427urine, or blood, he or she commits a misdemeanor in addition to
428any other penalties. The refusal to submit to a urine test upon
429the request of a law enforcement officer as provided in this
430section is admissible into evidence in any criminal proceeding.
431     (c)  Any person who accepts the privilege extended by the
432laws of this state of operating a vessel within this state is,
433by operating such vessel, deemed to have given his or her
434consent to submit to an approved blood test for the purpose of
435determining the alcoholic content of the blood or a blood test
436for the purpose of determining the presence of chemical
437substances or controlled substances as provided in this section
438if there is reasonable cause to believe the person was operating
439a vessel while under the influence of alcoholic beverages or
440chemical or controlled substances and the person appears for
441treatment at a hospital, clinic, or other medical facility and
442the administration of a breath or urine test is impractical or
443impossible. As used in this paragraph, the term "other medical
444facility" includes an ambulance or other medical emergency
445vehicle. The blood test shall be performed in a reasonable
446manner. Any person who is incapable of refusal by reason of
447unconsciousness or other mental or physical condition is deemed
448not to have withdrawn his or her consent to such test. Any
449person who is capable of refusal shall be told that his or her
450failure to submit to such a blood test will result in a civil
451penalty of $500 and that a refusal to submit to a lawful test of
452his or her blood, if he or she has previously been fined for
453refusal to submit to any lawful test of his or her breath,
454urine, or blood, is a misdemeanor. The refusal to submit to a
455blood test upon the request of a law enforcement officer shall
456be admissible in evidence in any criminal proceeding.
457     (e)1.  The tests determining the weight of alcohol in the
458defendant's blood or breath shall be administered at the request
459of a law enforcement officer substantially in accordance with
460rules of the Department of Law Enforcement. However, the failure
461of a law enforcement officer to request the withdrawal of blood
462does not affect the admissibility of a test of blood withdrawn
463for medical purposes.
464     2.  Only a physician, certified paramedic, registered
465nurse, licensed practical nurse, other personnel authorized by a
466hospital to draw blood, or duly licensed clinical laboratory
467director, supervisor, technologist, or technician, acting at the
468request of a law enforcement officer, may withdraw blood for the
469purpose of determining its alcoholic content or the presence of
470chemical substances or controlled substances therein. However,
471the failure of a law enforcement officer to request the
472withdrawal of blood does not affect the admissibility of a test
473of blood withdrawn for medical purposes.
474     3.  The person tested may, at his or her own expense, have
475a physician, registered nurse, other personnel authorized by a
476hospital to draw blood, or duly licensed clinical laboratory
477director, supervisor, technologist, or technician, or other
478person of his or her own choosing administer an independent test
479in addition to the test administered at the direction of the law
480enforcement officer for the purpose of determining the amount of
481alcohol in the person's blood or breath or the presence of
482chemical substances or controlled substances at the time
483alleged, as shown by chemical analysis of his or her blood or
484urine, or by chemical or physical test of his or her breath. The
485failure or inability to obtain an independent test by a person
486does not preclude the admissibility in evidence of the test
487taken at the direction of the law enforcement officer. The law
488enforcement officer shall not interfere with the person's
489opportunity to obtain the independent test and shall provide the
490person with timely telephone access to secure the test, but the
491burden is on the person to arrange and secure the test at the
492person's own expense.
493     4.  Upon the request of the person tested, full information
494concerning the results of the test taken at the direction of the
495law enforcement officer shall be made available to the person or
496his or her attorney. Full information is limited to the
497following:
498     a.  The type of test administered and the procedures
499followed.
500     b.  The time of the collection of the blood or breath
501sample analyzed.
502     c.  The numerical results of the test indicating the
503alcohol content of the blood and breath.
504     d.  The type and status of any permit issued by the
505Department of Law Enforcement which was held by the person who
506performed the test.
507     e.  If the test was administered by means of a breath
508testing instrument, the date of performance of the most recent
509required maintenance of such instrument.
510
511Full information does not include manuals, schematics, or
512software of the instrument used to test the person or any other
513material that is not in the actual possession of the state.
514Additionally, full information does not include information in
515the possession of the manufacturer of the test instrument.
516     5.  A hospital, clinical laboratory, medical clinic, or
517similar medical institution or physician, certified paramedic,
518registered nurse, licensed practical nurse, other personnel
519authorized by a hospital to draw blood, or duly licensed
520clinical laboratory director, supervisor, technologist, or
521technician, or other person assisting a law enforcement officer
522does not incur any civil or criminal liability as a result of
523the withdrawal or analysis of a blood or urine specimen, or the
524chemical or physical test of a person's breath pursuant to
525accepted medical standards when requested by a law enforcement
526officer, regardless of whether or not the subject resisted
527administration of the test.
528     Section 4.  Section 327.359, Florida Statutes, is amended
529to read:
530     327.359  Refusal to submit to testing; penalties.--Any
531person who has refused to submit to a chemical or physical test
532of his or her breath, blood, or urine, as described in s.
533327.352, and who has been previously fined for refusal to submit
534to a lawful test of his or her breath, urine, or blood, and:
535     (1)  Who the arresting law enforcement officer had probable
536cause to believe was operating or in actual physical control of
537a vessel in this state while under the influence of alcoholic
538beverages, chemical substances, or controlled substances;
539     (2)  Who was placed under lawful arrest for a violation of
540s. 327.35 unless such test was requested pursuant to s.
541327.352(1)(c);
542     (3)  Who was informed that if he or she refused to submit
543to such test he or she is subject to a fine of $500;
544     (4)  Who was informed that a refusal to submit to a lawful
545test of his or her breath, urine, or blood, if he or she has
546been previously fined for refusal to submit to a lawful test of
547his or her breath, urine, or blood, is a misdemeanor; and
548     (5)  Who, after having been so informed, refused to submit
549to any such test when requested to do so by a law enforcement
550officer or correctional officer,
551
552commits a misdemeanor of the first degree, punishable and is
553subject to punishment as provided in s. 775.082 or s. 775.083.
554     Section 5.  This act shall take effect October 1, 2006.


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