HB 187

1
A bill to be entitled
2An act relating to lawful testing for alcohol, chemical
3substances, or controlled substances; amending s.
4316.1932, F.S.; revising provisions to notify a person
5that refusal to submit to a lawful test of the person's
6breath, urine, or blood is a misdemeanor, to conform to
7changes made by the act; limiting information to be made
8available to a person tested to determine the amount of
9alcohol in the person's blood or breath or the presence of
10chemical substances or controlled substances; amending s.
11316.1939, F.S.; removing prior suspension as a condition
12for the commission of a misdemeanor by refusal to submit
13to a lawful test of breath, urine, or blood; providing
14penalties for refusal to submit to testing; amending s.
15327.352, F.S.; revising provisions to notify a person that
16refusal to submit to a lawful test of the person's breath,
17urine, or blood is a misdemeanor, to conform to changes
18made by the act; limiting information to be made available
19to a person tested to determine the amount of alcohol in
20the person's blood or breath or the presence of chemical
21substances or controlled substances; amending s. 327.359,
22F.S.; removing prior suspension as a condition for the
23commission of a misdemeanor by refusal to submit to a
24lawful test of breath, urine, or blood; providing
25penalties for refusal to submit to testing; providing an
26effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Paragraphs (a), (c), and (f) of subsection (1)
31of section 316.1932, Florida Statutes, are amended to read:
32     316.1932  Tests for alcohol, chemical substances, or
33controlled substances; implied consent; refusal.--
34     (1)(a)1.a.  Any person who accepts the privilege extended
35by the laws of this state of operating a motor vehicle within
36this state is, by so operating such vehicle, deemed to have
37given his or her consent to submit to an approved chemical test
38or physical test including, but not limited to, an infrared
39light test of his or her breath for the purpose of determining
40the alcoholic content of his or her blood or breath if the
41person is lawfully arrested for any offense allegedly committed
42while the person was driving or was in actual physical control
43of a motor vehicle while under the influence of alcoholic
44beverages. The chemical or physical breath test must be
45incidental to a lawful arrest and administered at the request of
46a law enforcement officer who has reasonable cause to believe
47such person was driving or was in actual physical control of the
48motor vehicle within this state while under the influence of
49alcoholic beverages. The administration of a breath test does
50not preclude the administration of another type of test. The
51person shall be told that his or her failure to submit to any
52lawful test of his or her breath will result in the suspension
53of the person's privilege to operate a motor vehicle for a
54period of 1 year for a first refusal, or for a period of 18
55months if the driving privilege of such person has been
56previously suspended as a result of a refusal to submit to such
57a test or tests, and shall also be told that if he or she
58refuses to submit to a lawful test of his or her breath and his
59or her driving privilege has been previously suspended for a
60prior refusal to submit to a lawful test of his or her breath,
61urine, or blood, he or she commits a misdemeanor in addition to
62any other penalties. The refusal to submit to a chemical or
63physical breath test upon the request of a law enforcement
64officer as provided in this section is admissible into evidence
65in any criminal proceeding.
66     b.  Any person who accepts the privilege extended by the
67laws of this state of operating a motor vehicle within this
68state is, by so operating such vehicle, deemed to have given his
69or her consent to submit to a urine test for the purpose of
70detecting the presence of chemical substances as set forth in s.
71877.111 or controlled substances if the person is lawfully
72arrested for any offense allegedly committed while the person
73was driving or was in actual physical control of a motor vehicle
74while under the influence of chemical substances or controlled
75substances. The urine test must be incidental to a lawful arrest
76and administered at a detention facility or any other facility,
77mobile or otherwise, which is equipped to administer such tests
78at the request of a law enforcement officer who has reasonable
79cause to believe such person was driving or was in actual
80physical control of a motor vehicle within this state while
81under the influence of chemical substances or controlled
82substances. The urine test shall be administered at a detention
83facility or any other facility, mobile or otherwise, which is
84equipped to administer such test in a reasonable manner that
85will ensure the accuracy of the specimen and maintain the
86privacy of the individual involved. The administration of a
87urine test does not preclude the administration of another type
88of test. The person shall be told that his or her failure to
89submit to any lawful test of his or her urine will result in the
90suspension of the person's privilege to operate a motor vehicle
91for a period of 1 year for the first refusal, or for a period of
9218 months if the driving privilege of such person has been
93previously suspended as a result of a refusal to submit to such
94a test or tests, and shall also be told that if he or she
95refuses to submit to a lawful test of his or her urine and his
96or her driving privilege has been previously suspended for a
97prior refusal to submit to a lawful test of his or her breath,
98urine, or blood, he or she commits a misdemeanor in addition to
99any other penalties. The refusal to submit to a urine test upon
100the request of a law enforcement officer as provided in this
101section is admissible into evidence in any criminal proceeding.
102     2.  The Alcohol Testing Program within the Department of
103Law Enforcement is responsible for the regulation of the
104operation, inspection, and registration of breath test
105instruments utilized under the driving and boating under the
106influence provisions and related provisions located in this
107chapter and chapters 322 and 327. The program is responsible for
108the regulation of the individuals who operate, inspect, and
109instruct on the breath test instruments utilized in the driving
110and boating under the influence provisions and related
111provisions located in this chapter and chapters 322 and 327. The
112program is further responsible for the regulation of blood
113analysts who conduct blood testing to be utilized under the
114driving and boating under the influence provisions and related
115provisions located in this chapter and chapters 322 and 327. The
116program shall:
117     a.  Establish uniform criteria for the issuance of permits
118to breath test operators, agency inspectors, instructors, blood
119analysts, and instruments.
120     b.  Have the authority to permit breath test operators,
121agency inspectors, instructors, blood analysts, and instruments.
122     c.  Have the authority to discipline and suspend, revoke,
123or renew the permits of breath test operators, agency
124inspectors, instructors, blood analysts, and instruments.
125     d.  Establish uniform requirements for instruction and
126curricula for the operation and inspection of approved
127instruments.
128     e.  Have the authority to specify one approved curriculum
129for the operation and inspection of approved instruments.
130     f.  Establish a procedure for the approval of breath test
131operator and agency inspector classes.
132     g.  Have the authority to approve or disapprove breath test
133instruments and accompanying paraphernalia for use pursuant to
134the driving and boating under the influence provisions and
135related provisions located in this chapter and chapters 322 and
136327.
137     h.  With the approval of the executive director of the
138Department of Law Enforcement, make and enter into contracts and
139agreements with other agencies, organizations, associations,
140corporations, individuals, or federal agencies as are necessary,
141expedient, or incidental to the performance of duties.
142     i.  Issue final orders which include findings of fact and
143conclusions of law and which constitute final agency action for
144the purpose of chapter 120.
145     j.  Enforce compliance with the provisions of this section
146through civil or administrative proceedings.
147     k.  Make recommendations concerning any matter within the
148purview of this section, this chapter, chapter 322, or chapter
149327.
150     l.  Promulgate rules for the administration and
151implementation of this section, including definitions of terms.
152     m.  Consult and cooperate with other entities for the
153purpose of implementing the mandates of this section.
154     n.  Have the authority to approve the type of blood test
155utilized under the driving and boating under the influence
156provisions and related provisions located in this chapter and
157chapters 322 and 327.
158     o.  Have the authority to specify techniques and methods
159for breath alcohol testing and blood testing utilized under the
160driving and boating under the influence provisions and related
161provisions located in this chapter and chapters 322 and 327.
162     p.  Have the authority to approve repair facilities for the
163approved breath test instruments, including the authority to set
164criteria for approval.
165
166Nothing in this section shall be construed to supersede
167provisions in this chapter and chapters 322 and 327. The
168specifications in this section are derived from the power and
169authority previously and currently possessed by the Department
170of Law Enforcement and are enumerated to conform with the
171mandates of chapter 99-379, Laws of Florida.
172     (c)  Any person who accepts the privilege extended by the
173laws of this state of operating a motor vehicle within this
174state is, by operating such vehicle, deemed to have given his or
175her consent to submit to an approved blood test for the purpose
176of determining the alcoholic content of the blood or a blood
177test for the purpose of determining the presence of chemical
178substances or controlled substances as provided in this section
179if there is reasonable cause to believe the person was driving
180or in actual physical control of a motor vehicle while under the
181influence of alcoholic beverages or chemical or controlled
182substances and the person appears for treatment at a hospital,
183clinic, or other medical facility and the administration of a
184breath or urine test is impractical or impossible. As used in
185this paragraph, the term "other medical facility" includes an
186ambulance or other medical emergency vehicle. The blood test
187shall be performed in a reasonable manner. Any person who is
188incapable of refusal by reason of unconsciousness or other
189mental or physical condition is deemed not to have withdrawn his
190or her consent to such test. A blood test may be administered
191whether or not the person is told that his or her failure to
192submit to such a blood test will result in the suspension of the
193person's privilege to operate a motor vehicle upon the public
194highways of this state and that a refusal to submit to a lawful
195test of his or her blood, if his or her driving privilege has
196been previously suspended for refusal to submit to a lawful test
197of his or her breath, urine, or blood, is a misdemeanor. Any
198person who is capable of refusal shall be told that his or her
199failure to submit to such a blood test will result in the
200suspension of the person's privilege to operate a motor vehicle
201for a period of 1 year for a first refusal, or for a period of
20218 months if the driving privilege of the person has been
203suspended previously as a result of a refusal to submit to such
204a test or tests, and that a refusal to submit to a lawful test
205of his or her blood, if his or her driving privilege has been
206previously suspended for a prior refusal to submit to a lawful
207test of his or her breath, urine, or blood, is a misdemeanor.
208The refusal to submit to a blood test upon the request of a law
209enforcement officer is admissible in evidence in any criminal
210proceeding.
211     (f)1.  The tests determining the weight of alcohol in the
212defendant's blood or breath shall be administered at the request
213of a law enforcement officer substantially in accordance with
214rules of the Department of Law Enforcement. Such rules must
215specify precisely the test or tests that are approved by the
216Department of Law Enforcement for reliability of result and ease
217of administration, and must provide an approved method of
218administration which must be followed in all such tests given
219under this section. However, the failure of a law enforcement
220officer to request the withdrawal of blood does not affect the
221admissibility of a test of blood withdrawn for medical purposes.
222     2.a.  Only a physician, certified paramedic, registered
223nurse, licensed practical nurse, other personnel authorized by a
224hospital to draw blood, or duly licensed clinical laboratory
225director, supervisor, technologist, or technician, acting at the
226request of a law enforcement officer, may withdraw blood for the
227purpose of determining its alcoholic content or the presence of
228chemical substances or controlled substances therein. However,
229the failure of a law enforcement officer to request the
230withdrawal of blood does not affect the admissibility of a test
231of blood withdrawn for medical purposes.
232     b.  Notwithstanding any provision of law pertaining to the
233confidentiality of hospital records or other medical records, if
234a health care provider, who is providing medical care in a
235health care facility to a person injured in a motor vehicle
236crash, becomes aware, as a result of any blood test performed in
237the course of that medical treatment, that the person's blood-
238alcohol level meets or exceeds the blood-alcohol level specified
239in s. 316.193(1)(b), the health care provider may notify any law
240enforcement officer or law enforcement agency. Any such notice
241must be given within a reasonable time after the health care
242provider receives the test result. Any such notice shall be used
243only for the purpose of providing the law enforcement officer
244with reasonable cause to request the withdrawal of a blood
245sample pursuant to this section.
246     c.  The notice shall consist only of the name of the person
247being treated, the name of the person who drew the blood, the
248blood-alcohol level indicated by the test, and the date and time
249of the administration of the test.
250     d.  Nothing contained in s. 395.3025(4), s. 456.057, or any
251applicable practice act affects the authority to provide notice
252under this section, and the health care provider is not
253considered to have breached any duty owed to the person under s.
254395.3025(4), s. 456.057, or any applicable practice act by
255providing notice or failing to provide notice. It shall not be a
256breach of any ethical, moral, or legal duty for a health care
257provider to provide notice or fail to provide notice.
258     e.  A civil, criminal, or administrative action may not be
259brought against any person or health care provider participating
260in good faith in the provision of notice or failure to provide
261notice as provided in this section. Any person or health care
262provider participating in the provision of notice or failure to
263provide notice as provided in this section shall be immune from
264any civil or criminal liability and from any professional
265disciplinary action with respect to the provision of notice or
266failure to provide notice under this section. Any such
267participant has the same immunity with respect to participating
268in any judicial proceedings resulting from the notice or failure
269to provide notice.
270     3.  The person tested may, at his or her own expense, have
271a physician, registered nurse, other personnel authorized by a
272hospital to draw blood, or duly licensed clinical laboratory
273director, supervisor, technologist, or technician, or other
274person of his or her own choosing administer an independent test
275in addition to the test administered at the direction of the law
276enforcement officer for the purpose of determining the amount of
277alcohol in the person's blood or breath or the presence of
278chemical substances or controlled substances at the time
279alleged, as shown by chemical analysis of his or her blood or
280urine, or by chemical or physical test of his or her breath. The
281failure or inability to obtain an independent test by a person
282does not preclude the admissibility in evidence of the test
283taken at the direction of the law enforcement officer. The law
284enforcement officer shall not interfere with the person's
285opportunity to obtain the independent test and shall provide the
286person with timely telephone access to secure the test, but the
287burden is on the person to arrange and secure the test at the
288person's own expense.
289     4.  Upon the request of the person tested, full information
290concerning the results of the test taken at the direction of the
291law enforcement officer shall be made available to the person or
292his or her attorney. Full information is limited to the
293following:
294     a.  The type of test administered and the procedures
295followed.
296     b.  The time of the collection of the blood or breath
297sample analyzed.
298     c.  The numerical results of the test indicating the
299alcohol content of the blood and breath.
300     d.  The type and status of any permit issued by the
301Department of Law Enforcement which was held by the person who
302performed the test.
303     e.  If the test was administered by means of a breath
304testing instrument, the date of performance of the most recent
305required inspection of such instrument.
306
307Full information does not include manuals, schematics, or
308software of the instrument used to test the person or any other
309material that is not in the actual possession of the state.
310Additionally, full information does not include information in
311the possession of the manufacturer of the test instrument.
312     5.  A hospital, clinical laboratory, medical clinic, or
313similar medical institution or physician, certified paramedic,
314registered nurse, licensed practical nurse, other personnel
315authorized by a hospital to draw blood, or duly licensed
316clinical laboratory director, supervisor, technologist, or
317technician, or other person assisting a law enforcement officer
318does not incur any civil or criminal liability as a result of
319the withdrawal or analysis of a blood or urine specimen, or the
320chemical or physical test of a person's breath pursuant to
321accepted medical standards when requested by a law enforcement
322officer, regardless of whether or not the subject resisted
323administration of the test.
324     Section 2.  Section 316.1939, Florida Statutes, is amended
325to read:
326     316.1939  Refusal to submit to testing; penalties.--
327     (1)  Any person who has refused to submit to a chemical or
328physical test of his or her breath, blood, or urine, as
329described in s. 316.1932, and whose driving privilege was
330previously suspended for a prior refusal to submit to a lawful
331test of his or her breath, urine, or blood, and:
332     (a)  Who the arresting law enforcement officer had probable
333cause to believe was driving or in actual physical control of a
334motor vehicle in this state while under the influence of
335alcoholic beverages, chemical substances, or controlled
336substances;
337     (b)  Who was placed under lawful arrest for a violation of
338s. 316.193 unless such test was requested pursuant to s.
339316.1932(1)(c);
340     (c)  Who was informed that, if he or she refused to submit
341to such test, his or her privilege to operate a motor vehicle
342would be suspended for a period of 1 year or, in the case of a
343second or subsequent refusal, for a period of 18 months;
344     (d)  Who was informed that a refusal to submit to a lawful
345test of his or her breath, urine, or blood, if his or her
346driving privilege has been previously suspended for a prior
347refusal to submit to a lawful test of his or her breath, urine,
348or blood, is a misdemeanor; and
349     (e)  Who, after having been so informed, refused to submit
350to any such test when requested to do so by a law enforcement
351officer or correctional officer,
352
353commits the offense of refusal to submit to testing. If such
354person's driving privilege was previously suspended for a prior
355refusal to submit to a lawful test of his or her breath, urine,
356or blood, such offense is a misdemeanor of the first degree,
357punishable and is subject to punishment as provided in s.
358775.082 or s. 775.083. If such person's driving privilege was
359not previously suspended for a prior refusal to submit to a
360lawful test of his or her breath, urine, or blood, such offense
361shall be punished by imprisonment for not more than 6 months and
362by a fine of up to $500.
363     (2)  The disposition of any administrative proceeding that
364relates to the suspension of a person's driving privilege does
365not affect a criminal action under this section.
366     (3)  The disposition of a criminal action under this
367section does not affect any administrative proceeding that
368relates to the suspension of a person's driving privilege. The
369department's records showing that a person's license has been
370previously suspended for a prior refusal to submit to a lawful
371test of his or her breath, urine, or blood shall be admissible
372and shall create a rebuttable presumption of such suspension.
373     Section 3.  Paragraphs (a), (c), and (e) of subsection (1)
374of section 327.352, Florida Statutes, are amended to read:
375     327.352  Tests for alcohol, chemical substances, or
376controlled substances; implied consent; refusal.--
377     (1)(a)1.  The Legislature declares that the operation of a
378vessel is a privilege that must be exercised in a reasonable
379manner. In order to protect the public health and safety, it is
380essential that a lawful and effective means of reducing the
381incidence of boating while impaired or intoxicated be
382established. Therefore, any person who accepts the privilege
383extended by the laws of this state of operating a vessel within
384this state is, by so operating such vessel, deemed to have given
385his or her consent to submit to an approved chemical test or
386physical test including, but not limited to, an infrared light
387test of his or her breath for the purpose of determining the
388alcoholic content of his or her blood or breath if the person is
389lawfully arrested for any offense allegedly committed while the
390person was operating a vessel while under the influence of
391alcoholic beverages. The chemical or physical breath test must
392be incidental to a lawful arrest and administered at the request
393of a law enforcement officer who has reasonable cause to believe
394such person was operating the vessel within this state while
395under the influence of alcoholic beverages. The administration
396of a breath test does not preclude the administration of another
397type of test. The person shall be told that his or her failure
398to submit to any lawful test of his or her breath will result in
399a civil penalty of $500, and shall also be told that if he or
400she refuses to submit to a lawful test of his or her breath and
401he or she has been previously fined for refusal to submit to any
402lawful test of his or her breath, urine, or blood, he or she
403commits a misdemeanor in addition to any other penalties. The
404refusal to submit to a chemical or physical breath test upon the
405request of a law enforcement officer as provided in this section
406is admissible into evidence in any criminal proceeding.
407     2.  Any person who accepts the privilege extended by the
408laws of this state of operating a vessel within this state is,
409by so operating such vessel, deemed to have given his or her
410consent to submit to a urine test for the purpose of detecting
411the presence of chemical substances as set forth in s. 877.111
412or controlled substances if the person is lawfully arrested for
413any offense allegedly committed while the person was operating a
414vessel while under the influence of chemical substances or
415controlled substances. The urine test must be incidental to a
416lawful arrest and administered at a detention facility or any
417other facility, mobile or otherwise, which is equipped to
418administer such tests at the request of a law enforcement
419officer who has reasonable cause to believe such person was
420operating a vessel within this state while under the influence
421of chemical substances or controlled substances. The urine test
422shall be administered at a detention facility or any other
423facility, mobile or otherwise, which is equipped to administer
424such test in a reasonable manner that will ensure the accuracy
425of the specimen and maintain the privacy of the individual
426involved. The administration of a urine test does not preclude
427the administration of another type of test. The person shall be
428told that his or her failure to submit to any lawful test of his
429or her urine will result in a civil penalty of $500, and shall
430also be told that if he or she refuses to submit to a lawful
431test of his or her urine and he or she has been previously fined
432for refusal to submit to any lawful test of his or her breath,
433urine, or blood, he or she commits a misdemeanor in addition to
434any other penalties. The refusal to submit to a urine test upon
435the request of a law enforcement officer as provided in this
436section is admissible into evidence in any criminal proceeding.
437     (c)  Any person who accepts the privilege extended by the
438laws of this state of operating a vessel within this state is,
439by operating such vessel, deemed to have given his or her
440consent to submit to an approved blood test for the purpose of
441determining the alcoholic content of the blood or a blood test
442for the purpose of determining the presence of chemical
443substances or controlled substances as provided in this section
444if there is reasonable cause to believe the person was operating
445a vessel while under the influence of alcoholic beverages or
446chemical or controlled substances and the person appears for
447treatment at a hospital, clinic, or other medical facility and
448the administration of a breath or urine test is impractical or
449impossible. As used in this paragraph, the term "other medical
450facility" includes an ambulance or other medical emergency
451vehicle. The blood test shall be performed in a reasonable
452manner. Any person who is incapable of refusal by reason of
453unconsciousness or other mental or physical condition is deemed
454not to have withdrawn his or her consent to such test. Any
455person who is capable of refusal shall be told that his or her
456failure to submit to such a blood test will result in a civil
457penalty of $500 and that a refusal to submit to a lawful test of
458his or her blood, if he or she has previously been fined for
459refusal to submit to any lawful test of his or her breath,
460urine, or blood, is a misdemeanor. The refusal to submit to a
461blood test upon the request of a law enforcement officer shall
462be admissible in evidence in any criminal proceeding.
463     (e)1.  The tests determining the weight of alcohol in the
464defendant's blood or breath shall be administered at the request
465of a law enforcement officer substantially in accordance with
466rules of the Department of Law Enforcement. However, the failure
467of a law enforcement officer to request the withdrawal of blood
468does not affect the admissibility of a test of blood withdrawn
469for medical purposes.
470     2.  Only a physician, certified paramedic, registered
471nurse, licensed practical nurse, other personnel authorized by a
472hospital to draw blood, or duly licensed clinical laboratory
473director, supervisor, technologist, or technician, acting at the
474request of a law enforcement officer, may withdraw blood for the
475purpose of determining its alcoholic content or the presence of
476chemical substances or controlled substances therein. However,
477the failure of a law enforcement officer to request the
478withdrawal of blood does not affect the admissibility of a test
479of blood withdrawn for medical purposes.
480     3.  The person tested may, at his or her own expense, have
481a physician, registered nurse, other personnel authorized by a
482hospital to draw blood, or duly licensed clinical laboratory
483director, supervisor, technologist, or technician, or other
484person of his or her own choosing administer an independent test
485in addition to the test administered at the direction of the law
486enforcement officer for the purpose of determining the amount of
487alcohol in the person's blood or breath or the presence of
488chemical substances or controlled substances at the time
489alleged, as shown by chemical analysis of his or her blood or
490urine, or by chemical or physical test of his or her breath. The
491failure or inability to obtain an independent test by a person
492does not preclude the admissibility in evidence of the test
493taken at the direction of the law enforcement officer. The law
494enforcement officer shall not interfere with the person's
495opportunity to obtain the independent test and shall provide the
496person with timely telephone access to secure the test, but the
497burden is on the person to arrange and secure the test at the
498person's own expense.
499     4.  Upon the request of the person tested, full information
500concerning the results of the test taken at the direction of the
501law enforcement officer shall be made available to the person or
502his or her attorney. Full information is limited to the
503following:
504     a.  The type of test administered and the procedures
505followed.
506     b.  The time of the collection of the blood or breath
507sample analyzed.
508     c.  The numerical results of the test indicating the
509alcohol content of the blood and breath.
510     d.  The type and status of any permit issued by the
511Department of Law Enforcement which was held by the person who
512performed the test.
513     e.  If the test was administered by means of a breath
514testing instrument, the date of performance of the most recent
515required inspection of such instrument.
516
517Full information does not include manuals, schematics, or
518software of the instrument used to test the person or any other
519material that is not in the actual possession of the state.
520Additionally, full information does not include information in
521the possession of the manufacturer of the test instrument.
522     5.  A hospital, clinical laboratory, medical clinic, or
523similar medical institution or physician, certified paramedic,
524registered nurse, licensed practical nurse, other personnel
525authorized by a hospital to draw blood, or duly licensed
526clinical laboratory director, supervisor, technologist, or
527technician, or other person assisting a law enforcement officer
528does not incur any civil or criminal liability as a result of
529the withdrawal or analysis of a blood or urine specimen, or the
530chemical or physical test of a person's breath pursuant to
531accepted medical standards when requested by a law enforcement
532officer, regardless of whether or not the subject resisted
533administration of the test.
534     Section 4.  Section 327.359, Florida Statutes, is amended
535to read:
536     327.359  Refusal to submit to testing; penalties.--Any
537person who has refused to submit to a chemical or physical test
538of his or her breath, blood, or urine, as described in s.
539327.352, and who has been previously fined for refusal to submit
540to a lawful test of his or her breath, urine, or blood, and:
541     (1)  Who the arresting law enforcement officer had probable
542cause to believe was operating or in actual physical control of
543a vessel in this state while under the influence of alcoholic
544beverages, chemical substances, or controlled substances;
545     (2)  Who was placed under lawful arrest for a violation of
546s. 327.35 unless such test was requested pursuant to s.
547327.352(1)(c);
548     (3)  Who was informed that if he or she refused to submit
549to such test he or she is subject to a fine of $500;
550     (4)  Who was informed that a refusal to submit to a lawful
551test of his or her breath, urine, or blood, if he or she has
552been previously fined for refusal to submit to a lawful test of
553his or her breath, urine, or blood, is a misdemeanor; and
554     (5)  Who, after having been so informed, refused to submit
555to any such test when requested to do so by a law enforcement
556officer or correctional officer,
557
558commits the offense of refusal to submit to testing. If such
559person has previously been fined for a prior refusal to submit
560to a lawful test of his or her breath, urine, or blood, such
561offense is a misdemeanor of the first degree, punishable and is
562subject to punishment as provided in s. 775.082 or s. 775.083.
563If such person has not previously been fined for a prior refusal
564to submit to a lawful test of his or her breath, urine, or
565blood, such offense shall be punished by imprisonment for not
566more than 6 months and by a fine of up to $500.
567     Section 5.  This act shall take effect October 1, 2006.


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