HB 0187CS

CHAMBER ACTION



1The Transportation & Economic Development Appropriations
2Committee recommends the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to lawful testing for alcohol, chemical
8substances, or controlled substances; amending s.
9316.1932, F.S.; revising provisions to notify a person
10that refusal to submit to a lawful test of the person's
11breath, urine, or blood is a misdemeanor, to conform to
12changes made by the act; limiting information to be made
13available to a person tested to determine the amount of
14alcohol in the person's blood or breath or the presence of
15chemical substances or controlled substances; amending s.
16316.1939, F.S.; removing prior suspension as a condition
17for the commission of a misdemeanor by refusal to submit
18to a lawful test of breath, urine, or blood; amending s.
19322.2615, F.S.; requiring the placement of an ignition
20interlock device prior to issuance of a permanent or
21restricted driver's license when the license was suspended
22for refusal to submit to a blood, breath, or urine test
23under specified provisions; requiring the device to remain
24for specified time periods under certain circumstances;
25amending s. 322.271, F.S.; providing for the installation
26of an ignition interlock device if there has been an
27administrative suspension for refusal; requiring the
28device to remain installed for specified time periods
29under certain circumstances; amending s. 322.2715, F.S.;
30revising requirements for ignition interlock devices to
31include installation for refusal to submit to testing
32under specified provisions; providing for an exception
33under certain circumstances; amending s. 327.352, F.S.;
34revising provisions to notify a person that refusal to
35submit to a lawful test of the person's breath, urine, or
36blood is a misdemeanor, to conform to changes made by the
37act; limiting information to be made available to a person
38tested to determine the amount of alcohol in the person's
39blood or breath or the presence of chemical substances or
40controlled substances; amending s. 327.359, F.S.; removing
41prior suspension as a condition for the commission of a
42misdemeanor by refusal to submit to a lawful test of
43breath, urine, or blood; providing an effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Paragraphs (a), (c), and (f) of subsection (1)
48of section 316.1932, Florida Statutes, are amended to read:
49     316.1932  Tests for alcohol, chemical substances, or
50controlled substances; implied consent; refusal.--
51     (1)(a)1.a.  Any person who accepts the privilege extended
52by the laws of this state of operating a motor vehicle within
53this state is, by so operating such vehicle, deemed to have
54given his or her consent to submit to an approved chemical test
55or physical test including, but not limited to, an infrared
56light test of his or her breath for the purpose of determining
57the alcoholic content of his or her blood or breath if the
58person is lawfully arrested for any offense allegedly committed
59while the person was driving or was in actual physical control
60of a motor vehicle while under the influence of alcoholic
61beverages. The chemical or physical breath test must be
62incidental to a lawful arrest and administered at the request of
63a law enforcement officer who has reasonable cause to believe
64such person was driving or was in actual physical control of the
65motor vehicle within this state while under the influence of
66alcoholic beverages. The administration of a breath test does
67not preclude the administration of another type of test. The
68person shall be told that his or her failure to submit to any
69lawful test of his or her breath will result in the suspension
70of the person's privilege to operate a motor vehicle for a
71period of 1 year for a first refusal, or for a period of 18
72months if the driving privilege of such person has been
73previously suspended as a result of a refusal to submit to such
74a test or tests, and shall also be told that if he or she
75refuses to submit to a lawful test of his or her breath and his
76or her driving privilege has been previously suspended for a
77prior refusal to submit to a lawful test of his or her breath,
78urine, or blood, he or she commits a misdemeanor in addition to
79any other penalties. The refusal to submit to a chemical or
80physical breath test upon the request of a law enforcement
81officer as provided in this section is admissible into evidence
82in any criminal proceeding.
83     b.  Any person who accepts the privilege extended by the
84laws of this state of operating a motor vehicle within this
85state is, by so operating such vehicle, deemed to have given his
86or her consent to submit to a urine test for the purpose of
87detecting the presence of chemical substances as set forth in s.
88877.111 or controlled substances if the person is lawfully
89arrested for any offense allegedly committed while the person
90was driving or was in actual physical control of a motor vehicle
91while under the influence of chemical substances or controlled
92substances. The urine test must be incidental to a lawful arrest
93and administered at a detention facility or any other facility,
94mobile or otherwise, which is equipped to administer such tests
95at the request of a law enforcement officer who has reasonable
96cause to believe such person was driving or was in actual
97physical control of a motor vehicle within this state while
98under the influence of chemical substances or controlled
99substances. The urine test shall be administered at a detention
100facility or any other facility, mobile or otherwise, which is
101equipped to administer such test in a reasonable manner that
102will ensure the accuracy of the specimen and maintain the
103privacy of the individual involved. The administration of a
104urine test does not preclude the administration of another type
105of test. The person shall be told that his or her failure to
106submit to any lawful test of his or her urine will result in the
107suspension of the person's privilege to operate a motor vehicle
108for a period of 1 year for the first refusal, or for a period of
10918 months if the driving privilege of such person has been
110previously suspended as a result of a refusal to submit to such
111a test or tests, and shall also be told that if he or she
112refuses to submit to a lawful test of his or her urine and his
113or her driving privilege has been previously suspended for a
114prior refusal to submit to a lawful test of his or her breath,
115urine, or blood, he or she commits a misdemeanor in addition to
116any other penalties. The refusal to submit to a urine test upon
117the request of a law enforcement officer as provided in this
118section is admissible into evidence in any criminal proceeding.
119     2.  The Alcohol Testing Program within the Department of
120Law Enforcement is responsible for the regulation of the
121operation, inspection, and registration of breath test
122instruments utilized under the driving and boating under the
123influence provisions and related provisions located in this
124chapter and chapters 322 and 327. The program is responsible for
125the regulation of the individuals who operate, inspect, and
126instruct on the breath test instruments utilized in the driving
127and boating under the influence provisions and related
128provisions located in this chapter and chapters 322 and 327. The
129program is further responsible for the regulation of blood
130analysts who conduct blood testing to be utilized under the
131driving and boating under the influence provisions and related
132provisions located in this chapter and chapters 322 and 327. The
133program shall:
134     a.  Establish uniform criteria for the issuance of permits
135to breath test operators, agency inspectors, instructors, blood
136analysts, and instruments.
137     b.  Have the authority to permit breath test operators,
138agency inspectors, instructors, blood analysts, and instruments.
139     c.  Have the authority to discipline and suspend, revoke,
140or renew the permits of breath test operators, agency
141inspectors, instructors, blood analysts, and instruments.
142     d.  Establish uniform requirements for instruction and
143curricula for the operation and inspection of approved
144instruments.
145     e.  Have the authority to specify one approved curriculum
146for the operation and inspection of approved instruments.
147     f.  Establish a procedure for the approval of breath test
148operator and agency inspector classes.
149     g.  Have the authority to approve or disapprove breath test
150instruments and accompanying paraphernalia for use pursuant to
151the driving and boating under the influence provisions and
152related provisions located in this chapter and chapters 322 and
153327.
154     h.  With the approval of the executive director of the
155Department of Law Enforcement, make and enter into contracts and
156agreements with other agencies, organizations, associations,
157corporations, individuals, or federal agencies as are necessary,
158expedient, or incidental to the performance of duties.
159     i.  Issue final orders which include findings of fact and
160conclusions of law and which constitute final agency action for
161the purpose of chapter 120.
162     j.  Enforce compliance with the provisions of this section
163through civil or administrative proceedings.
164     k.  Make recommendations concerning any matter within the
165purview of this section, this chapter, chapter 322, or chapter
166327.
167     l.  Promulgate rules for the administration and
168implementation of this section, including definitions of terms.
169     m.  Consult and cooperate with other entities for the
170purpose of implementing the mandates of this section.
171     n.  Have the authority to approve the type of blood test
172utilized under the driving and boating under the influence
173provisions and related provisions located in this chapter and
174chapters 322 and 327.
175     o.  Have the authority to specify techniques and methods
176for breath alcohol testing and blood testing utilized under the
177driving and boating under the influence provisions and related
178provisions located in this chapter and chapters 322 and 327.
179     p.  Have the authority to approve repair facilities for the
180approved breath test instruments, including the authority to set
181criteria for approval.
182
183Nothing in this section shall be construed to supersede
184provisions in this chapter and chapters 322 and 327. The
185specifications in this section are derived from the power and
186authority previously and currently possessed by the Department
187of Law Enforcement and are enumerated to conform with the
188mandates of chapter 99-379, Laws of Florida.
189     (c)  Any person who accepts the privilege extended by the
190laws of this state of operating a motor vehicle within this
191state is, by operating such vehicle, deemed to have given his or
192her consent to submit to an approved blood test for the purpose
193of determining the alcoholic content of the blood or a blood
194test for the purpose of determining the presence of chemical
195substances or controlled substances as provided in this section
196if there is reasonable cause to believe the person was driving
197or in actual physical control of a motor vehicle while under the
198influence of alcoholic beverages or chemical or controlled
199substances and the person appears for treatment at a hospital,
200clinic, or other medical facility and the administration of a
201breath or urine test is impractical or impossible. As used in
202this paragraph, the term "other medical facility" includes an
203ambulance or other medical emergency vehicle. The blood test
204shall be performed in a reasonable manner. Any person who is
205incapable of refusal by reason of unconsciousness or other
206mental or physical condition is deemed not to have withdrawn his
207or her consent to such test. A blood test may be administered
208whether or not the person is told that his or her failure to
209submit to such a blood test will result in the suspension of the
210person's privilege to operate a motor vehicle upon the public
211highways of this state and that a refusal to submit to a lawful
212test of his or her blood, if his or her driving privilege has
213been previously suspended for refusal to submit to a lawful test
214of his or her breath, urine, or blood, is a misdemeanor. Any
215person who is capable of refusal shall be told that his or her
216failure to submit to such a blood test will result in the
217suspension of the person's privilege to operate a motor vehicle
218for a period of 1 year for a first refusal, or for a period of
21918 months if the driving privilege of the person has been
220suspended previously as a result of a refusal to submit to such
221a test or tests, and that a refusal to submit to a lawful test
222of his or her blood, if his or her driving privilege has been
223previously suspended for a prior refusal to submit to a lawful
224test of his or her breath, urine, or blood, is a misdemeanor.
225The refusal to submit to a blood test upon the request of a law
226enforcement officer is admissible in evidence in any criminal
227proceeding.
228     (f)1.  The tests determining the weight of alcohol in the
229defendant's blood or breath shall be administered at the request
230of a law enforcement officer substantially in accordance with
231rules of the Department of Law Enforcement. Such rules must
232specify precisely the test or tests that are approved by the
233Department of Law Enforcement for reliability of result and ease
234of administration, and must provide an approved method of
235administration which must be followed in all such tests given
236under this section. However, the failure of a law enforcement
237officer to request the withdrawal of blood does not affect the
238admissibility of a test of blood withdrawn for medical purposes.
239     2.a.  Only a physician, certified paramedic, registered
240nurse, licensed practical nurse, other personnel authorized by a
241hospital to draw blood, or duly licensed clinical laboratory
242director, supervisor, technologist, or technician, acting at the
243request of a law enforcement officer, may withdraw blood for the
244purpose of determining its alcoholic content or the presence of
245chemical substances or controlled substances therein. However,
246the failure of a law enforcement officer to request the
247withdrawal of blood does not affect the admissibility of a test
248of blood withdrawn for medical purposes.
249     b.  Notwithstanding any provision of law pertaining to the
250confidentiality of hospital records or other medical records, if
251a health care provider, who is providing medical care in a
252health care facility to a person injured in a motor vehicle
253crash, becomes aware, as a result of any blood test performed in
254the course of that medical treatment, that the person's blood-
255alcohol level meets or exceeds the blood-alcohol level specified
256in s. 316.193(1)(b), the health care provider may notify any law
257enforcement officer or law enforcement agency. Any such notice
258must be given within a reasonable time after the health care
259provider receives the test result. Any such notice shall be used
260only for the purpose of providing the law enforcement officer
261with reasonable cause to request the withdrawal of a blood
262sample pursuant to this section.
263     c.  The notice shall consist only of the name of the person
264being treated, the name of the person who drew the blood, the
265blood-alcohol level indicated by the test, and the date and time
266of the administration of the test.
267     d.  Nothing contained in s. 395.3025(4), s. 456.057, or any
268applicable practice act affects the authority to provide notice
269under this section, and the health care provider is not
270considered to have breached any duty owed to the person under s.
271395.3025(4), s. 456.057, or any applicable practice act by
272providing notice or failing to provide notice. It shall not be a
273breach of any ethical, moral, or legal duty for a health care
274provider to provide notice or fail to provide notice.
275     e.  A civil, criminal, or administrative action may not be
276brought against any person or health care provider participating
277in good faith in the provision of notice or failure to provide
278notice as provided in this section. Any person or health care
279provider participating in the provision of notice or failure to
280provide notice as provided in this section shall be immune from
281any civil or criminal liability and from any professional
282disciplinary action with respect to the provision of notice or
283failure to provide notice under this section. Any such
284participant has the same immunity with respect to participating
285in any judicial proceedings resulting from the notice or failure
286to provide notice.
287     3.  The person tested may, at his or her own expense, have
288a physician, registered nurse, other personnel authorized by a
289hospital to draw blood, or duly licensed clinical laboratory
290director, supervisor, technologist, or technician, or other
291person of his or her own choosing administer an independent test
292in addition to the test administered at the direction of the law
293enforcement officer for the purpose of determining the amount of
294alcohol in the person's blood or breath or the presence of
295chemical substances or controlled substances at the time
296alleged, as shown by chemical analysis of his or her blood or
297urine, or by chemical or physical test of his or her breath. The
298failure or inability to obtain an independent test by a person
299does not preclude the admissibility in evidence of the test
300taken at the direction of the law enforcement officer. The law
301enforcement officer shall not interfere with the person's
302opportunity to obtain the independent test and shall provide the
303person with timely telephone access to secure the test, but the
304burden is on the person to arrange and secure the test at the
305person's own expense.
306     4.  Upon the request of the person tested, full information
307concerning the results of the test taken at the direction of the
308law enforcement officer shall be made available to the person or
309his or her attorney. Full information is limited to the
310following:
311     a.  The type of test administered and the procedures
312followed.
313     b.  The time of the collection of the blood or breath
314sample analyzed.
315     c.  The numerical results of the test indicating the
316alcohol content of the blood and breath.
317     d.  The type and status of any permit issued by the
318Department of Law Enforcement which was held by the person who
319performed the test.
320     e.  If the test was administered by means of a breath
321testing instrument, the date of performance of the most recent
322required maintenance of such instrument.
323
324Full information does not include manuals, schematics, or
325software of the instrument used to test the person or any other
326material that is not in the actual possession of the state.
327Additionally, full information does not include information in
328the possession of the manufacturer of the test instrument.
329     5.  A hospital, clinical laboratory, medical clinic, or
330similar medical institution or physician, certified paramedic,
331registered nurse, licensed practical nurse, other personnel
332authorized by a hospital to draw blood, or duly licensed
333clinical laboratory director, supervisor, technologist, or
334technician, or other person assisting a law enforcement officer
335does not incur any civil or criminal liability as a result of
336the withdrawal or analysis of a blood or urine specimen, or the
337chemical or physical test of a person's breath pursuant to
338accepted medical standards when requested by a law enforcement
339officer, regardless of whether or not the subject resisted
340administration of the test.
341     Section 2.  Section 316.1939, Florida Statutes, is amended
342to read:
343     316.1939  Refusal to submit to testing; penalties.--
344     (1)  Any person who has refused to submit to a chemical or
345physical test of his or her breath, blood, or urine, as
346described in s. 316.1932, and whose driving privilege was
347previously suspended for a prior refusal to submit to a lawful
348test of his or her breath, urine, or blood, and:
349     (a)  Who the arresting law enforcement officer had probable
350cause to believe was driving or in actual physical control of a
351motor vehicle in this state while under the influence of
352alcoholic beverages, chemical substances, or controlled
353substances;
354     (b)  Who was placed under lawful arrest for a violation of
355s. 316.193 unless such test was requested pursuant to s.
356316.1932(1)(c);
357     (c)  Who was informed that, if he or she refused to submit
358to such test, his or her privilege to operate a motor vehicle
359would be suspended for a period of 1 year or, in the case of a
360second or subsequent refusal, for a period of 18 months;
361     (d)  Who was informed that a refusal to submit to a lawful
362test of his or her breath, urine, or blood, if his or her
363driving privilege has been previously suspended for a prior
364refusal to submit to a lawful test of his or her breath, urine,
365or blood, is a misdemeanor; and
366     (e)  Who, after having been so informed, refused to submit
367to any such test when requested to do so by a law enforcement
368officer or correctional officer,
369
370commits a misdemeanor of the first degree, punishable and is
371subject to punishment as provided in s. 775.082 or s. 775.083.
372     (2)  The disposition of any administrative proceeding that
373relates to the suspension of a person's driving privilege does
374not affect a criminal action under this section.
375     (3)  The disposition of a criminal action under this
376section does not affect any administrative proceeding that
377relates to the suspension of a person's driving privilege. The
378department's records showing that a person's license has been
379previously suspended for a prior refusal to submit to a lawful
380test of his or her breath, urine, or blood shall be admissible
381and shall create a rebuttable presumption of such suspension.
382     Section 3.  Subsection (17) is added to section 322.2615,
383Florida Statutes, to read:
384     322.2615  Suspension of license; right to review.--
385     (17)  Before issuing a permanent or restricted driver's
386license to a person suspended under this section for refusal to
387submit to a blood, breath, or urine test, the department shall
388require placement of a department-approved ignition interlock
389device. If this is the first suspension for refusal to submit to
390a blood, breath, or urine test, the ignition interlock device
391shall be required for a period of 6 months and, in the case of a
392second or subsequent suspension for refusal to submit to a
393blood, breath, or urine test, the ignition interlock device
394shall be required for a period of 1 year.
395     Section 4.  Subsection (3) of section 322.271, Florida
396Statutes, is amended to read:
397     322.271  Authority to modify revocation, cancellation, or
398suspension order.--
399     (3)  Upon such hearing, the department shall either
400suspend, affirm, or modify its order and may restore to the
401licensee the privilege of driving on a limited or restricted
402basis for business or employment use only. If the department
403suspends, affirms, or modifies its order and restores the
404licensee's privilege of driving on a limited or restricted basis
405for business or employment use after upholding an administrative
406suspension for refusal, the licensee is required to have an
407ignition interlock device installed for the time periods listed
408in s. 322.2715(3). If a hearing is not held, the administrative
409suspension for refusal is upheld and goes into effect and the
410licensee is required to have an ignition interlock device
411installed for the time periods listed in s. 322.2715(3).
412     Section 5.  Subsection (3) of section 322.2715, Florida
413Statutes, is amended, and subsection (5) is added to that
414section, to read:
415     322.2715  Ignition interlock device.--
416     (3)  If the person is convicted of:
417     (a)  A first offense of driving under the influence under
418s. 316.193 and has an unlawful blood-alcohol level or breath-
419alcohol level as specified in s. 316.193(4), or if a person is
420convicted of a first offense of refusal under s. 316.1939, or if
421a person is convicted of a violation of s. 316.193 and was at
422the time of the offense accompanied in the vehicle by a person
423younger than 18 years of age, the person shall have the ignition
424interlock device installed for 6 months for the first offense
425and for at least 2 years for a second offense.
426     (b)  A second offense of driving under the influence or a
427refusal under s. 316.1939, the ignition interlock device shall
428be installed for a period of not less than 1 year.
429     (c)  A third offense of driving under the influence or a
430refusal under s. 316.1939, which occurs within 10 years after a
431prior conviction for a violation of s. 316.193, the ignition
432interlock device shall be installed for a period of not less
433than 2 years.
434     (d)  A third offense of driving under the influence or a
435refusal under s. 316.1939, which occurs more than 10 years after
436the date of a prior conviction, the ignition interlock device
437shall be installed for a period of not less than 2 years.
438     (5)  Before issuing a permanent or restricted driver's
439license under this chapter, the department shall require the
440placement of a department-approved ignition interlock device for
441any person convicted of a refusal under s. 316.1939 or s.
442322.2615, except that consideration may be given to those
443individuals having a documented medical condition that would
444prohibit the device from functioning normally. An ignition
445interlock device shall be placed on all vehicles that are
446individually or jointly leased or owned and routinely operated
447by the convicted person.
448     Section 6.  Paragraphs (a), (c), and (e) of subsection (1)
449of section 327.352, Florida Statutes, are amended to read:
450     327.352  Tests for alcohol, chemical substances, or
451controlled substances; implied consent; refusal.--
452     (1)(a)1.  The Legislature declares that the operation of a
453vessel is a privilege that must be exercised in a reasonable
454manner. In order to protect the public health and safety, it is
455essential that a lawful and effective means of reducing the
456incidence of boating while impaired or intoxicated be
457established. Therefore, any person who accepts the privilege
458extended by the laws of this state of operating a vessel within
459this state is, by so operating such vessel, deemed to have given
460his or her consent to submit to an approved chemical test or
461physical test including, but not limited to, an infrared light
462test of his or her breath for the purpose of determining the
463alcoholic content of his or her blood or breath if the person is
464lawfully arrested for any offense allegedly committed while the
465person was operating a vessel while under the influence of
466alcoholic beverages. The chemical or physical breath test must
467be incidental to a lawful arrest and administered at the request
468of a law enforcement officer who has reasonable cause to believe
469such person was operating the vessel within this state while
470under the influence of alcoholic beverages. The administration
471of a breath test does not preclude the administration of another
472type of test. The person shall be told that his or her failure
473to submit to any lawful test of his or her breath will result in
474a civil penalty of $500, and shall also be told that if he or
475she refuses to submit to a lawful test of his or her breath and
476he or she has been previously fined for refusal to submit to any
477lawful test of his or her breath, urine, or blood, he or she
478commits a misdemeanor in addition to any other penalties. The
479refusal to submit to a chemical or physical breath test upon the
480request of a law enforcement officer as provided in this section
481is admissible into evidence in any criminal proceeding.
482     2.  Any person who accepts the privilege extended by the
483laws of this state of operating a vessel within this state is,
484by so operating such vessel, deemed to have given his or her
485consent to submit to a urine test for the purpose of detecting
486the presence of chemical substances as set forth in s. 877.111
487or controlled substances if the person is lawfully arrested for
488any offense allegedly committed while the person was operating a
489vessel while under the influence of chemical substances or
490controlled substances. The urine test must be incidental to a
491lawful arrest and administered at a detention facility or any
492other facility, mobile or otherwise, which is equipped to
493administer such tests at the request of a law enforcement
494officer who has reasonable cause to believe such person was
495operating a vessel within this state while under the influence
496of chemical substances or controlled substances. The urine test
497shall be administered at a detention facility or any other
498facility, mobile or otherwise, which is equipped to administer
499such test in a reasonable manner that will ensure the accuracy
500of the specimen and maintain the privacy of the individual
501involved. The administration of a urine test does not preclude
502the administration of another type of test. The person shall be
503told that his or her failure to submit to any lawful test of his
504or her urine will result in a civil penalty of $500, and shall
505also be told that if he or she refuses to submit to a lawful
506test of his or her urine and he or she has been previously fined
507for refusal to submit to any lawful test of his or her breath,
508urine, or blood, he or she commits a misdemeanor in addition to
509any other penalties. The refusal to submit to a urine test upon
510the request of a law enforcement officer as provided in this
511section is admissible into evidence in any criminal proceeding.
512     (c)  Any person who accepts the privilege extended by the
513laws of this state of operating a vessel within this state is,
514by operating such vessel, deemed to have given his or her
515consent to submit to an approved blood test for the purpose of
516determining the alcoholic content of the blood or a blood test
517for the purpose of determining the presence of chemical
518substances or controlled substances as provided in this section
519if there is reasonable cause to believe the person was operating
520a vessel while under the influence of alcoholic beverages or
521chemical or controlled substances and the person appears for
522treatment at a hospital, clinic, or other medical facility and
523the administration of a breath or urine test is impractical or
524impossible. As used in this paragraph, the term "other medical
525facility" includes an ambulance or other medical emergency
526vehicle. The blood test shall be performed in a reasonable
527manner. Any person who is incapable of refusal by reason of
528unconsciousness or other mental or physical condition is deemed
529not to have withdrawn his or her consent to such test. Any
530person who is capable of refusal shall be told that his or her
531failure to submit to such a blood test will result in a civil
532penalty of $500 and that a refusal to submit to a lawful test of
533his or her blood, if he or she has previously been fined for
534refusal to submit to any lawful test of his or her breath,
535urine, or blood, is a misdemeanor. The refusal to submit to a
536blood test upon the request of a law enforcement officer shall
537be admissible in evidence in any criminal proceeding.
538     (e)1.  The tests determining the weight of alcohol in the
539defendant's blood or breath shall be administered at the request
540of a law enforcement officer substantially in accordance with
541rules of the Department of Law Enforcement. However, the failure
542of a law enforcement officer to request the withdrawal of blood
543does not affect the admissibility of a test of blood withdrawn
544for medical purposes.
545     2.  Only a physician, certified paramedic, registered
546nurse, licensed practical nurse, other personnel authorized by a
547hospital to draw blood, or duly licensed clinical laboratory
548director, supervisor, technologist, or technician, acting at the
549request of a law enforcement officer, may withdraw blood for the
550purpose of determining its alcoholic content or the presence of
551chemical substances or controlled substances therein. However,
552the failure of a law enforcement officer to request the
553withdrawal of blood does not affect the admissibility of a test
554of blood withdrawn for medical purposes.
555     3.  The person tested may, at his or her own expense, have
556a physician, registered nurse, other personnel authorized by a
557hospital to draw blood, or duly licensed clinical laboratory
558director, supervisor, technologist, or technician, or other
559person of his or her own choosing administer an independent test
560in addition to the test administered at the direction of the law
561enforcement officer for the purpose of determining the amount of
562alcohol in the person's blood or breath or the presence of
563chemical substances or controlled substances at the time
564alleged, as shown by chemical analysis of his or her blood or
565urine, or by chemical or physical test of his or her breath. The
566failure or inability to obtain an independent test by a person
567does not preclude the admissibility in evidence of the test
568taken at the direction of the law enforcement officer. The law
569enforcement officer shall not interfere with the person's
570opportunity to obtain the independent test and shall provide the
571person with timely telephone access to secure the test, but the
572burden is on the person to arrange and secure the test at the
573person's own expense.
574     4.  Upon the request of the person tested, full information
575concerning the results of the test taken at the direction of the
576law enforcement officer shall be made available to the person or
577his or her attorney. Full information is limited to the
578following:
579     a.  The type of test administered and the procedures
580followed.
581     b.  The time of the collection of the blood or breath
582sample analyzed.
583     c.  The numerical results of the test indicating the
584alcohol content of the blood and breath.
585     d.  The type and status of any permit issued by the
586Department of Law Enforcement which was held by the person who
587performed the test.
588     e.  If the test was administered by means of a breath
589testing instrument, the date of performance of the most recent
590required maintenance of such instrument.
591
592Full information does not include manuals, schematics, or
593software of the instrument used to test the person or any other
594material that is not in the actual possession of the state.
595Additionally, full information does not include information in
596the possession of the manufacturer of the test instrument.
597     5.  A hospital, clinical laboratory, medical clinic, or
598similar medical institution or physician, certified paramedic,
599registered nurse, licensed practical nurse, other personnel
600authorized by a hospital to draw blood, or duly licensed
601clinical laboratory director, supervisor, technologist, or
602technician, or other person assisting a law enforcement officer
603does not incur any civil or criminal liability as a result of
604the withdrawal or analysis of a blood or urine specimen, or the
605chemical or physical test of a person's breath pursuant to
606accepted medical standards when requested by a law enforcement
607officer, regardless of whether or not the subject resisted
608administration of the test.
609     Section 7.  Section 327.359, Florida Statutes, is amended
610to read:
611     327.359  Refusal to submit to testing; penalties.--Any
612person who has refused to submit to a chemical or physical test
613of his or her breath, blood, or urine, as described in s.
614327.352, and who has been previously fined for refusal to submit
615to a lawful test of his or her breath, urine, or blood, and:
616     (1)  Who the arresting law enforcement officer had probable
617cause to believe was operating or in actual physical control of
618a vessel in this state while under the influence of alcoholic
619beverages, chemical substances, or controlled substances;
620     (2)  Who was placed under lawful arrest for a violation of
621s. 327.35 unless such test was requested pursuant to s.
622327.352(1)(c);
623     (3)  Who was informed that if he or she refused to submit
624to such test he or she is subject to a fine of $500;
625     (4)  Who was informed that a refusal to submit to a lawful
626test of his or her breath, urine, or blood, if he or she has
627been previously fined for refusal to submit to a lawful test of
628his or her breath, urine, or blood, is a misdemeanor; and
629     (5)  Who, after having been so informed, refused to submit
630to any such test when requested to do so by a law enforcement
631officer or correctional officer,
632
633commits a misdemeanor of the first degree, punishable and is
634subject to punishment as provided in s. 775.082 or s. 775.083.
635     Section 8.  This act shall take effect October 1, 2006.


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