HB 0187CS

CHAMBER ACTION



1The Justice Council 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; providing
18penalties for refusal to submit to testing; amending s.
19327.352, F.S.; revising provisions to notify a person that
20refusal to submit to a lawful test of the person's breath,
21urine, or blood is a misdemeanor, to conform to changes
22made by the act; limiting information to be made available
23to a person tested to determine the amount of alcohol in
24the person's blood or breath or the presence of chemical
25substances or controlled substances; amending s. 327.359,
26F.S.; removing prior suspension as a condition for the
27commission of a misdemeanor by refusal to submit to a
28lawful test of breath, urine, or blood; providing
29penalties for refusal to submit to testing; providing an
30effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  Paragraphs (a), (c), and (f) of subsection (1)
35of section 316.1932, Florida Statutes, are amended to read:
36     316.1932  Tests for alcohol, chemical substances, or
37controlled substances; implied consent; refusal.--
38     (1)(a)1.a.  Any person who accepts the privilege extended
39by the laws of this state of operating a motor vehicle within
40this state is, by so operating such vehicle, deemed to have
41given his or her consent to submit to an approved chemical test
42or physical test including, but not limited to, an infrared
43light test of his or her breath for the purpose of determining
44the alcoholic content of his or her blood or breath if the
45person is lawfully arrested for any offense allegedly committed
46while the person was driving or was in actual physical control
47of a motor vehicle while under the influence of alcoholic
48beverages. The chemical or physical breath test must be
49incidental to a lawful arrest and administered at the request of
50a law enforcement officer who has reasonable cause to believe
51such person was driving or was in actual physical control of the
52motor vehicle within this state while under the influence of
53alcoholic beverages. The administration of a breath test does
54not preclude the administration of another type of test. The
55person shall be told that his or her failure to submit to any
56lawful test of his or her breath will result in the suspension
57of the person's privilege to operate a motor vehicle for a
58period of 1 year for a first refusal, or for a period of 18
59months if the driving privilege of such person has been
60previously suspended as a result of a refusal to submit to such
61a test or tests, and shall also be told that if he or she
62refuses to submit to a lawful test of his or her breath and his
63or her driving privilege has been previously suspended for a
64prior refusal to submit to a lawful test of his or her breath,
65urine, or blood, he or she commits a misdemeanor in addition to
66any other penalties. The refusal to submit to a chemical or
67physical breath test upon the request of a law enforcement
68officer as provided in this section is admissible into evidence
69in any criminal proceeding.
70     b.  Any person who accepts the privilege extended by the
71laws of this state of operating a motor vehicle within this
72state is, by so operating such vehicle, deemed to have given his
73or her consent to submit to a urine test for the purpose of
74detecting the presence of chemical substances as set forth in s.
75877.111 or controlled substances if the person is lawfully
76arrested for any offense allegedly committed while the person
77was driving or was in actual physical control of a motor vehicle
78while under the influence of chemical substances or controlled
79substances. The urine test must be incidental to a lawful arrest
80and administered at a detention facility or any other facility,
81mobile or otherwise, which is equipped to administer such tests
82at the request of a law enforcement officer who has reasonable
83cause to believe such person was driving or was in actual
84physical control of a motor vehicle within this state while
85under the influence of chemical substances or controlled
86substances. The urine test shall be administered at a detention
87facility or any other facility, mobile or otherwise, which is
88equipped to administer such test in a reasonable manner that
89will ensure the accuracy of the specimen and maintain the
90privacy of the individual involved. The administration of a
91urine test does not preclude the administration of another type
92of test. The person shall be told that his or her failure to
93submit to any lawful test of his or her urine will result in the
94suspension of the person's privilege to operate a motor vehicle
95for a period of 1 year for the first refusal, or for a period of
9618 months if the driving privilege of such person has been
97previously suspended as a result of a refusal to submit to such
98a test or tests, and shall also be told that if he or she
99refuses to submit to a lawful test of his or her urine and his
100or her driving privilege has been previously suspended for a
101prior refusal to submit to a lawful test of his or her breath,
102urine, or blood, he or she commits a misdemeanor in addition to
103any other penalties. The refusal to submit to a urine test upon
104the request of a law enforcement officer as provided in this
105section is admissible into evidence in any criminal proceeding.
106     2.  The Alcohol Testing Program within the Department of
107Law Enforcement is responsible for the regulation of the
108operation, inspection, and registration of breath test
109instruments utilized under the driving and boating under the
110influence provisions and related provisions located in this
111chapter and chapters 322 and 327. The program is responsible for
112the regulation of the individuals who operate, inspect, and
113instruct on the breath test instruments utilized in the driving
114and boating under the influence provisions and related
115provisions located in this chapter and chapters 322 and 327. The
116program is further responsible for the regulation of blood
117analysts who conduct blood testing to be utilized under the
118driving and boating under the influence provisions and related
119provisions located in this chapter and chapters 322 and 327. The
120program shall:
121     a.  Establish uniform criteria for the issuance of permits
122to breath test operators, agency inspectors, instructors, blood
123analysts, and instruments.
124     b.  Have the authority to permit breath test operators,
125agency inspectors, instructors, blood analysts, and instruments.
126     c.  Have the authority to discipline and suspend, revoke,
127or renew the permits of breath test operators, agency
128inspectors, instructors, blood analysts, and instruments.
129     d.  Establish uniform requirements for instruction and
130curricula for the operation and inspection of approved
131instruments.
132     e.  Have the authority to specify one approved curriculum
133for the operation and inspection of approved instruments.
134     f.  Establish a procedure for the approval of breath test
135operator and agency inspector classes.
136     g.  Have the authority to approve or disapprove breath test
137instruments and accompanying paraphernalia for use pursuant to
138the driving and boating under the influence provisions and
139related provisions located in this chapter and chapters 322 and
140327.
141     h.  With the approval of the executive director of the
142Department of Law Enforcement, make and enter into contracts and
143agreements with other agencies, organizations, associations,
144corporations, individuals, or federal agencies as are necessary,
145expedient, or incidental to the performance of duties.
146     i.  Issue final orders which include findings of fact and
147conclusions of law and which constitute final agency action for
148the purpose of chapter 120.
149     j.  Enforce compliance with the provisions of this section
150through civil or administrative proceedings.
151     k.  Make recommendations concerning any matter within the
152purview of this section, this chapter, chapter 322, or chapter
153327.
154     l.  Promulgate rules for the administration and
155implementation of this section, including definitions of terms.
156     m.  Consult and cooperate with other entities for the
157purpose of implementing the mandates of this section.
158     n.  Have the authority to approve the type of blood test
159utilized under the driving and boating under the influence
160provisions and related provisions located in this chapter and
161chapters 322 and 327.
162     o.  Have the authority to specify techniques and methods
163for breath alcohol testing and blood testing utilized under the
164driving and boating under the influence provisions and related
165provisions located in this chapter and chapters 322 and 327.
166     p.  Have the authority to approve repair facilities for the
167approved breath test instruments, including the authority to set
168criteria for approval.
169
170Nothing in this section shall be construed to supersede
171provisions in this chapter and chapters 322 and 327. The
172specifications in this section are derived from the power and
173authority previously and currently possessed by the Department
174of Law Enforcement and are enumerated to conform with the
175mandates of chapter 99-379, Laws of Florida.
176     (c)  Any person who accepts the privilege extended by the
177laws of this state of operating a motor vehicle within this
178state is, by operating such vehicle, deemed to have given his or
179her consent to submit to an approved blood test for the purpose
180of determining the alcoholic content of the blood or a blood
181test for the purpose of determining the presence of chemical
182substances or controlled substances as provided in this section
183if there is reasonable cause to believe the person was driving
184or in actual physical control of a motor vehicle while under the
185influence of alcoholic beverages or chemical or controlled
186substances and the person appears for treatment at a hospital,
187clinic, or other medical facility and the administration of a
188breath or urine test is impractical or impossible. As used in
189this paragraph, the term "other medical facility" includes an
190ambulance or other medical emergency vehicle. The blood test
191shall be performed in a reasonable manner. Any person who is
192incapable of refusal by reason of unconsciousness or other
193mental or physical condition is deemed not to have withdrawn his
194or her consent to such test. A blood test may be administered
195whether or not the person is told that his or her failure to
196submit to such a blood test will result in the suspension of the
197person's privilege to operate a motor vehicle upon the public
198highways of this state and that a refusal to submit to a lawful
199test of his or her blood, if his or her driving privilege has
200been previously suspended for refusal to submit to a lawful test
201of his or her breath, urine, or blood, is a misdemeanor. Any
202person who is capable of refusal shall be told that his or her
203failure to submit to such a blood test will result in the
204suspension of the person's privilege to operate a motor vehicle
205for a period of 1 year for a first refusal, or for a period of
20618 months if the driving privilege of the person has been
207suspended previously as a result of a refusal to submit to such
208a test or tests, and that a refusal to submit to a lawful test
209of his or her blood, if his or her driving privilege has been
210previously suspended for a prior refusal to submit to a lawful
211test of his or her breath, urine, or blood, is a misdemeanor.
212The refusal to submit to a blood test upon the request of a law
213enforcement officer is admissible in evidence in any criminal
214proceeding.
215     (f)1.  The tests determining the weight of alcohol in the
216defendant's blood or breath shall be administered at the request
217of a law enforcement officer substantially in accordance with
218rules of the Department of Law Enforcement. Such rules must
219specify precisely the test or tests that are approved by the
220Department of Law Enforcement for reliability of result and ease
221of administration, and must provide an approved method of
222administration which must be followed in all such tests given
223under this section. However, the failure of a law enforcement
224officer to request the withdrawal of blood does not affect the
225admissibility of a test of blood withdrawn for medical purposes.
226     2.a.  Only a physician, certified paramedic, registered
227nurse, licensed practical nurse, other personnel authorized by a
228hospital to draw blood, or duly licensed clinical laboratory
229director, supervisor, technologist, or technician, acting at the
230request of a law enforcement officer, may withdraw blood for the
231purpose of determining its alcoholic content or the presence of
232chemical substances or controlled substances therein. However,
233the failure of a law enforcement officer to request the
234withdrawal of blood does not affect the admissibility of a test
235of blood withdrawn for medical purposes.
236     b.  Notwithstanding any provision of law pertaining to the
237confidentiality of hospital records or other medical records, if
238a health care provider, who is providing medical care in a
239health care facility to a person injured in a motor vehicle
240crash, becomes aware, as a result of any blood test performed in
241the course of that medical treatment, that the person's blood-
242alcohol level meets or exceeds the blood-alcohol level specified
243in s. 316.193(1)(b), the health care provider may notify any law
244enforcement officer or law enforcement agency. Any such notice
245must be given within a reasonable time after the health care
246provider receives the test result. Any such notice shall be used
247only for the purpose of providing the law enforcement officer
248with reasonable cause to request the withdrawal of a blood
249sample pursuant to this section.
250     c.  The notice shall consist only of the name of the person
251being treated, the name of the person who drew the blood, the
252blood-alcohol level indicated by the test, and the date and time
253of the administration of the test.
254     d.  Nothing contained in s. 395.3025(4), s. 456.057, or any
255applicable practice act affects the authority to provide notice
256under this section, and the health care provider is not
257considered to have breached any duty owed to the person under s.
258395.3025(4), s. 456.057, or any applicable practice act by
259providing notice or failing to provide notice. It shall not be a
260breach of any ethical, moral, or legal duty for a health care
261provider to provide notice or fail to provide notice.
262     e.  A civil, criminal, or administrative action may not be
263brought against any person or health care provider participating
264in good faith in the provision of notice or failure to provide
265notice as provided in this section. Any person or health care
266provider participating in the provision of notice or failure to
267provide notice as provided in this section shall be immune from
268any civil or criminal liability and from any professional
269disciplinary action with respect to the provision of notice or
270failure to provide notice under this section. Any such
271participant has the same immunity with respect to participating
272in any judicial proceedings resulting from the notice or failure
273to provide notice.
274     3.  The person tested may, at his or her own expense, have
275a physician, registered nurse, other personnel authorized by a
276hospital to draw blood, or duly licensed clinical laboratory
277director, supervisor, technologist, or technician, or other
278person of his or her own choosing administer an independent test
279in addition to the test administered at the direction of the law
280enforcement officer for the purpose of determining the amount of
281alcohol in the person's blood or breath or the presence of
282chemical substances or controlled substances at the time
283alleged, as shown by chemical analysis of his or her blood or
284urine, or by chemical or physical test of his or her breath. The
285failure or inability to obtain an independent test by a person
286does not preclude the admissibility in evidence of the test
287taken at the direction of the law enforcement officer. The law
288enforcement officer shall not interfere with the person's
289opportunity to obtain the independent test and shall provide the
290person with timely telephone access to secure the test, but the
291burden is on the person to arrange and secure the test at the
292person's own expense.
293     4.  Upon the request of the person tested, full information
294concerning the results of the test taken at the direction of the
295law enforcement officer shall be made available to the person or
296his or her attorney. Full information is limited to the
297following:
298     a.  The type of test administered and the procedures
299followed.
300     b.  The time of the collection of the blood or breath
301sample analyzed.
302     c.  The numerical results of the test indicating the
303alcohol content of the blood and breath.
304     d.  The type and status of any permit issued by the
305Department of Law Enforcement which was held by the person who
306performed the test.
307     e.  If the test was administered by means of a breath
308testing instrument, the date of performance of the most recent
309required maintenance of such instrument.
310
311Full information does not include manuals, schematics, or
312software of the instrument used to test the person or any other
313material that is not in the actual possession of the state.
314Additionally, full information does not include information in
315the possession of the manufacturer of the test instrument.
316     5.  A hospital, clinical laboratory, medical clinic, or
317similar medical institution or physician, certified paramedic,
318registered nurse, licensed practical nurse, other personnel
319authorized by a hospital to draw blood, or duly licensed
320clinical laboratory director, supervisor, technologist, or
321technician, or other person assisting a law enforcement officer
322does not incur any civil or criminal liability as a result of
323the withdrawal or analysis of a blood or urine specimen, or the
324chemical or physical test of a person's breath pursuant to
325accepted medical standards when requested by a law enforcement
326officer, regardless of whether or not the subject resisted
327administration of the test.
328     Section 2.  Section 316.1939, Florida Statutes, is amended
329to read:
330     316.1939  Refusal to submit to testing; penalties.--
331     (1)  Any person who has refused to submit to a chemical or
332physical test of his or her breath, blood, or urine, as
333described in s. 316.1932, and whose driving privilege was
334previously suspended for a prior refusal to submit to a lawful
335test of his or her breath, urine, or blood, and:
336     (a)  Who the arresting law enforcement officer had probable
337cause to believe was driving or in actual physical control of a
338motor vehicle in this state while under the influence of
339alcoholic beverages, chemical substances, or controlled
340substances;
341     (b)  Who was placed under lawful arrest for a violation of
342s. 316.193 unless such test was requested pursuant to s.
343316.1932(1)(c);
344     (c)  Who was informed that, if he or she refused to submit
345to such test, his or her privilege to operate a motor vehicle
346would be suspended for a period of 1 year or, in the case of a
347second or subsequent refusal, for a period of 18 months;
348     (d)  Who was informed that a refusal to submit to a lawful
349test of his or her breath, urine, or blood, if his or her
350driving privilege has been previously suspended for a prior
351refusal to submit to a lawful test of his or her breath, urine,
352or blood, is a misdemeanor; and
353     (e)  Who, after having been so informed, refused to submit
354to any such test when requested to do so by a law enforcement
355officer or correctional officer,
356
357commits the offense of refusal to submit to testing. If such
358person's driving privilege was previously suspended for a prior
359refusal to submit to a lawful test of his or her breath, urine,
360or blood, such offense is a misdemeanor of the first degree,
361punishable and is subject to punishment as provided in s.
362775.082 or s. 775.083. If such person's driving privilege was
363not previously suspended for a prior refusal to submit to a
364lawful test of his or her breath, urine, or blood, such offense
365shall be punished by imprisonment for not more than 6 months
366and, if adjudicated guilty, by a fine of up to $500.
367     (2)  The disposition of any administrative proceeding that
368relates to the suspension of a person's driving privilege does
369not affect a criminal action under this section.
370     (3)  The disposition of a criminal action under this
371section does not affect any administrative proceeding that
372relates to the suspension of a person's driving privilege. The
373department's records showing that a person's license has been
374previously suspended for a prior refusal to submit to a lawful
375test of his or her breath, urine, or blood shall be admissible
376and shall create a rebuttable presumption of such suspension.
377     Section 3.  Paragraphs (a), (c), and (e) of subsection (1)
378of section 327.352, Florida Statutes, are amended to read:
379     327.352  Tests for alcohol, chemical substances, or
380controlled substances; implied consent; refusal.--
381     (1)(a)1.  The Legislature declares that the operation of a
382vessel is a privilege that must be exercised in a reasonable
383manner. In order to protect the public health and safety, it is
384essential that a lawful and effective means of reducing the
385incidence of boating while impaired or intoxicated be
386established. Therefore, any person who accepts the privilege
387extended by the laws of this state of operating a vessel within
388this state is, by so operating such vessel, deemed to have given
389his or her consent to submit to an approved chemical test or
390physical test including, but not limited to, an infrared light
391test of his or her breath for the purpose of determining the
392alcoholic content of his or her blood or breath if the person is
393lawfully arrested for any offense allegedly committed while the
394person was operating a vessel while under the influence of
395alcoholic beverages. The chemical or physical breath test must
396be incidental to a lawful arrest and administered at the request
397of a law enforcement officer who has reasonable cause to believe
398such person was operating the vessel within this state while
399under the influence of alcoholic beverages. The administration
400of a breath test does not preclude the administration of another
401type of test. The person shall be told that his or her failure
402to submit to any lawful test of his or her breath will result in
403a civil penalty of $500, and shall also be told that if he or
404she refuses to submit to a lawful test of his or her breath and
405he or she has been previously fined for refusal to submit to any
406lawful test of his or her breath, urine, or blood, he or she
407commits a misdemeanor in addition to any other penalties. The
408refusal to submit to a chemical or physical breath test upon the
409request of a law enforcement officer as provided in this section
410is admissible into evidence in any criminal proceeding.
411     2.  Any person who accepts the privilege extended by the
412laws of this state of operating a vessel within this state is,
413by so operating such vessel, deemed to have given his or her
414consent to submit to a urine test for the purpose of detecting
415the presence of chemical substances as set forth in s. 877.111
416or controlled substances if the person is lawfully arrested for
417any offense allegedly committed while the person was operating a
418vessel while under the influence of chemical substances or
419controlled substances. The urine test must be incidental to a
420lawful arrest and administered at a detention facility or any
421other facility, mobile or otherwise, which is equipped to
422administer such tests at the request of a law enforcement
423officer who has reasonable cause to believe such person was
424operating a vessel within this state while under the influence
425of chemical substances or controlled substances. The urine test
426shall be administered at a detention facility or any other
427facility, mobile or otherwise, which is equipped to administer
428such test in a reasonable manner that will ensure the accuracy
429of the specimen and maintain the privacy of the individual
430involved. The administration of a urine test does not preclude
431the administration of another type of test. The person shall be
432told that his or her failure to submit to any lawful test of his
433or her urine will result in a civil penalty of $500, and shall
434also be told that if he or she refuses to submit to a lawful
435test of his or her urine and he or she has been previously fined
436for refusal to submit to any lawful test of his or her breath,
437urine, or blood, he or she commits a misdemeanor in addition to
438any other penalties. The refusal to submit to a urine test upon
439the request of a law enforcement officer as provided in this
440section is admissible into evidence in any criminal proceeding.
441     (c)  Any person who accepts the privilege extended by the
442laws of this state of operating a vessel within this state is,
443by operating such vessel, deemed to have given his or her
444consent to submit to an approved blood test for the purpose of
445determining the alcoholic content of the blood or a blood test
446for the purpose of determining the presence of chemical
447substances or controlled substances as provided in this section
448if there is reasonable cause to believe the person was operating
449a vessel while under the influence of alcoholic beverages or
450chemical or controlled substances and the person appears for
451treatment at a hospital, clinic, or other medical facility and
452the administration of a breath or urine test is impractical or
453impossible. As used in this paragraph, the term "other medical
454facility" includes an ambulance or other medical emergency
455vehicle. The blood test shall be performed in a reasonable
456manner. Any person who is incapable of refusal by reason of
457unconsciousness or other mental or physical condition is deemed
458not to have withdrawn his or her consent to such test. Any
459person who is capable of refusal shall be told that his or her
460failure to submit to such a blood test will result in a civil
461penalty of $500 and that a refusal to submit to a lawful test of
462his or her blood, if he or she has previously been fined for
463refusal to submit to any lawful test of his or her breath,
464urine, or blood, is a misdemeanor. The refusal to submit to a
465blood test upon the request of a law enforcement officer shall
466be admissible in evidence in any criminal proceeding.
467     (e)1.  The tests determining the weight of alcohol in the
468defendant's blood or breath shall be administered at the request
469of a law enforcement officer substantially in accordance with
470rules of the Department of Law Enforcement. However, the failure
471of a law enforcement officer to request the withdrawal of blood
472does not affect the admissibility of a test of blood withdrawn
473for medical purposes.
474     2.  Only a physician, certified paramedic, registered
475nurse, licensed practical nurse, other personnel authorized by a
476hospital to draw blood, or duly licensed clinical laboratory
477director, supervisor, technologist, or technician, acting at the
478request of a law enforcement officer, may withdraw blood for the
479purpose of determining its alcoholic content or the presence of
480chemical substances or controlled substances therein. However,
481the failure of a law enforcement officer to request the
482withdrawal of blood does not affect the admissibility of a test
483of blood withdrawn for medical purposes.
484     3.  The person tested may, at his or her own expense, have
485a physician, registered nurse, other personnel authorized by a
486hospital to draw blood, or duly licensed clinical laboratory
487director, supervisor, technologist, or technician, or other
488person of his or her own choosing administer an independent test
489in addition to the test administered at the direction of the law
490enforcement officer for the purpose of determining the amount of
491alcohol in the person's blood or breath or the presence of
492chemical substances or controlled substances at the time
493alleged, as shown by chemical analysis of his or her blood or
494urine, or by chemical or physical test of his or her breath. The
495failure or inability to obtain an independent test by a person
496does not preclude the admissibility in evidence of the test
497taken at the direction of the law enforcement officer. The law
498enforcement officer shall not interfere with the person's
499opportunity to obtain the independent test and shall provide the
500person with timely telephone access to secure the test, but the
501burden is on the person to arrange and secure the test at the
502person's own expense.
503     4.  Upon the request of the person tested, full information
504concerning the results of the test taken at the direction of the
505law enforcement officer shall be made available to the person or
506his or her attorney. Full information is limited to the
507following:
508     a.  The type of test administered and the procedures
509followed.
510     b.  The time of the collection of the blood or breath
511sample analyzed.
512     c.  The numerical results of the test indicating the
513alcohol content of the blood and breath.
514     d.  The type and status of any permit issued by the
515Department of Law Enforcement which was held by the person who
516performed the test.
517     e.  If the test was administered by means of a breath
518testing instrument, the date of performance of the most recent
519required maintenance of such instrument.
520
521Full information does not include manuals, schematics, or
522software of the instrument used to test the person or any other
523material that is not in the actual possession of the state.
524Additionally, full information does not include information in
525the possession of the manufacturer of the test instrument.
526     5.  A hospital, clinical laboratory, medical clinic, or
527similar medical institution or physician, certified paramedic,
528registered nurse, licensed practical nurse, other personnel
529authorized by a hospital to draw blood, or duly licensed
530clinical laboratory director, supervisor, technologist, or
531technician, or other person assisting a law enforcement officer
532does not incur any civil or criminal liability as a result of
533the withdrawal or analysis of a blood or urine specimen, or the
534chemical or physical test of a person's breath pursuant to
535accepted medical standards when requested by a law enforcement
536officer, regardless of whether or not the subject resisted
537administration of the test.
538     Section 4.  Section 327.359, Florida Statutes, is amended
539to read:
540     327.359  Refusal to submit to testing; penalties.--Any
541person who has refused to submit to a chemical or physical test
542of his or her breath, blood, or urine, as described in s.
543327.352, and who has been previously fined for refusal to submit
544to a lawful test of his or her breath, urine, or blood, and:
545     (1)  Who the arresting law enforcement officer had probable
546cause to believe was operating or in actual physical control of
547a vessel in this state while under the influence of alcoholic
548beverages, chemical substances, or controlled substances;
549     (2)  Who was placed under lawful arrest for a violation of
550s. 327.35 unless such test was requested pursuant to s.
551327.352(1)(c);
552     (3)  Who was informed that if he or she refused to submit
553to such test he or she is subject to a fine of $500;
554     (4)  Who was informed that a refusal to submit to a lawful
555test of his or her breath, urine, or blood, if he or she has
556been previously fined for refusal to submit to a lawful test of
557his or her breath, urine, or blood, is a misdemeanor; and
558     (5)  Who, after having been so informed, refused to submit
559to any such test when requested to do so by a law enforcement
560officer or correctional officer,
561
562commits the offense of refusal to submit to testing. If such
563person has previously been fined for a prior refusal to submit
564to a lawful test of his or her breath, urine, or blood, such
565offense is a misdemeanor of the first degree, punishable and is
566subject to punishment as provided in s. 775.082 or s. 775.083.
567If such person has not previously been fined for a prior refusal
568to submit to a lawful test of his or her breath, urine, or
569blood, such offense shall be punished by imprisonment for not
570more than 6 months and, if adjudicated guilty, by a fine of up
571to $500.
572     Section 5.  This act shall take effect October 1, 2006.


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