Senate Bill sb0232c2

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    Florida Senate - 2006                     CS for CS for SB 232

    By the Committees on Transportation; Criminal Justice; and
    Senators Fasano, Baker and Lynn




    596-2258-06

  1                      A bill to be entitled

  2         An act relating to lawful testing for alcohol,

  3         chemical substances, or controlled substances;

  4         amending s. 316.1932, F.S.; revising provisions

  5         to notify a person that refusal to submit to a

  6         lawful test of the person's breath, urine, or

  7         blood is a misdemeanor, to conform to changes

  8         made by the act; limiting information to be

  9         made available to a person tested to determine

10         the amount of alcohol in the person's blood or

11         breath or the presence of chemical substances

12         or controlled substances; amending s. 316.1939,

13         F.S.; removing prior suspension as a condition

14         for the commission of a misdemeanor by refusal

15         to submit to a lawful test of breath, urine, or

16         blood; amending s. 327.352, F.S.; revising

17         provisions to notify a person that refusal to

18         submit to a lawful test of the person's breath,

19         urine, or blood is a misdemeanor, to conform to

20         changes made by the act; limiting information

21         to be made available to a person tested to

22         determine the amount of alcohol in the person's

23         blood or breath or the presence of chemical

24         substances or controlled substances; amending

25         s. 327.359, F.S.; removing prior suspension as

26         a condition for the commission of a misdemeanor

27         by refusal to submit to a lawful test of

28         breath, urine, or blood; providing an effective

29         date.

30  

31  Be It Enacted by the Legislature of the State of Florida:

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 1         Section 1.  Paragraphs (a), (c), and (f) of subsection

 2  (1) of section 316.1932, Florida Statutes, are amended to

 3  read:

 4         316.1932  Tests for alcohol, chemical substances, or

 5  controlled substances; implied consent; refusal.--

 6         (1)(a)1.a.  Any person who accepts the privilege

 7  extended by the laws of this state of operating a motor

 8  vehicle within this state is, by so operating such vehicle,

 9  deemed to have given his or her consent to submit to an

10  approved chemical test or physical test including, but not

11  limited to, an infrared light test of his or her breath for

12  the purpose of determining the alcoholic content of his or her

13  blood or breath if the person is lawfully arrested for any

14  offense allegedly committed while the person was driving or

15  was in actual physical control of a motor vehicle while under

16  the influence of alcoholic beverages. The chemical or physical

17  breath test must be incidental to a lawful arrest and

18  administered at the request of a law enforcement officer who

19  has reasonable cause to believe such person was driving or was

20  in actual physical control of the motor vehicle within this

21  state while under the influence of alcoholic beverages. The

22  administration of a breath test does not preclude the

23  administration of another type of test. The person shall be

24  told that his or her failure to submit to any lawful test of

25  his or her breath will result in the suspension of the

26  person's privilege to operate a motor vehicle for a period of

27  1 year for a first refusal, or for a period of 18 months if

28  the driving privilege of such person has been previously

29  suspended as a result of a refusal to submit to such a test or

30  tests, and shall also be told that if he or she refuses to

31  submit to a lawful test of his or her breath and his or her

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 1  driving privilege has been previously suspended for a prior

 2  refusal to submit to a lawful test of his or her breath,

 3  urine, or blood, he or she commits a misdemeanor in addition

 4  to any other penalties. The refusal to submit to a chemical or

 5  physical breath test upon the request of a law enforcement

 6  officer as provided in this section is admissible into

 7  evidence in any criminal proceeding.

 8         b.  Any person who accepts the privilege extended by

 9  the laws of this state of operating a motor vehicle within

10  this state is, by so operating such vehicle, deemed to have

11  given his or her consent to submit to a urine test for the

12  purpose of detecting the presence of chemical substances as

13  set forth in s. 877.111 or controlled substances if the person

14  is lawfully arrested for any offense allegedly committed while

15  the person was driving or was in actual physical control of a

16  motor vehicle while under the influence of chemical substances

17  or controlled substances. The urine test must be incidental to

18  a lawful arrest and administered at a detention facility or

19  any other facility, mobile or otherwise, which is equipped to

20  administer such tests at the request of a law enforcement

21  officer who has reasonable cause to believe such person was

22  driving or was in actual physical control of a motor vehicle

23  within this state while under the influence of chemical

24  substances or controlled substances. The urine test shall be

25  administered at a detention facility or any other facility,

26  mobile or otherwise, which is equipped to administer such test

27  in a reasonable manner that will ensure the accuracy of the

28  specimen and maintain the privacy of the individual involved.

29  The administration of a urine test does not preclude the

30  administration of another type of test. The person shall be

31  told that his or her failure to submit to any lawful test of

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 1  his or her urine will result in the suspension of the person's

 2  privilege to operate a motor vehicle for a period of 1 year

 3  for the first refusal, or for a period of 18 months if the

 4  driving privilege of such person has been previously suspended

 5  as a result of a refusal to submit to such a test or tests,

 6  and shall also be told that if he or she refuses to submit to

 7  a lawful test of his or her urine and his or her driving

 8  privilege has been previously suspended for a prior refusal to

 9  submit to a lawful test of his or her breath, urine, or blood,

10  he or she commits a misdemeanor in addition to any other

11  penalties. The refusal to submit to a urine test upon the

12  request of a law enforcement officer as provided in this

13  section is admissible into evidence in any criminal

14  proceeding.

15         2.  The Alcohol Testing Program within the Department

16  of Law Enforcement is responsible for the regulation of the

17  operation, inspection, and registration of breath test

18  instruments utilized under the driving and boating under the

19  influence provisions and related provisions located in this

20  chapter and chapters 322 and 327. The program is responsible

21  for the regulation of the individuals who operate, inspect,

22  and instruct on the breath test instruments utilized in the

23  driving and boating under the influence provisions and related

24  provisions located in this chapter and chapters 322 and 327.

25  The program is further responsible for the regulation of blood

26  analysts who conduct blood testing to be utilized under the

27  driving and boating under the influence provisions and related

28  provisions located in this chapter and chapters 322 and 327.

29  The program shall:

30  

31  

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 1         a.  Establish uniform criteria for the issuance of

 2  permits to breath test operators, agency inspectors,

 3  instructors, blood analysts, and instruments.

 4         b.  Have the authority to permit breath test operators,

 5  agency inspectors, instructors, blood analysts, and

 6  instruments.

 7         c.  Have the authority to discipline and suspend,

 8  revoke, or renew the permits of breath test operators, agency

 9  inspectors, instructors, blood analysts, and instruments.

10         d.  Establish uniform requirements for instruction and

11  curricula for the operation and inspection of approved

12  instruments.

13         e.  Have the authority to specify one approved

14  curriculum for the operation and inspection of approved

15  instruments.

16         f.  Establish a procedure for the approval of breath

17  test operator and agency inspector classes.

18         g.  Have the authority to approve or disapprove breath

19  test instruments and accompanying paraphernalia for use

20  pursuant to the driving and boating under the influence

21  provisions and related provisions located in this chapter and

22  chapters 322 and 327.

23         h.  With the approval of the executive director of the

24  Department of Law Enforcement, make and enter into contracts

25  and agreements with other agencies, organizations,

26  associations, corporations, individuals, or federal agencies

27  as are necessary, expedient, or incidental to the performance

28  of duties.

29         i.  Issue final orders which include findings of fact

30  and conclusions of law and which constitute final agency

31  action for the purpose of chapter 120.

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 1         j.  Enforce compliance with the provisions of this

 2  section through civil or administrative proceedings.

 3         k.  Make recommendations concerning any matter within

 4  the purview of this section, this chapter, chapter 322, or

 5  chapter 327.

 6         l.  Promulgate rules for the administration and

 7  implementation of this section, including definitions of

 8  terms.

 9         m.  Consult and cooperate with other entities for the

10  purpose of implementing the mandates of this section.

11         n.  Have the authority to approve the type of blood

12  test utilized under the driving and boating under the

13  influence provisions and related provisions located in this

14  chapter and chapters 322 and 327.

15         o.  Have the authority to specify techniques and

16  methods for breath alcohol testing and blood testing utilized

17  under the driving and boating under the influence provisions

18  and related provisions located in this chapter and chapters

19  322 and 327.

20         p.  Have the authority to approve repair facilities for

21  the approved breath test instruments, including the authority

22  to set criteria for approval.

23  

24  Nothing in this section shall be construed to supersede

25  provisions in this chapter and chapters 322 and 327. The

26  specifications in this section are derived from the power and

27  authority previously and currently possessed by the Department

28  of Law Enforcement and are enumerated to conform with the

29  mandates of chapter 99-379, Laws of Florida.

30         (c)  Any person who accepts the privilege extended by

31  the laws of this state of operating a motor vehicle within

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 1  this state is, by operating such vehicle, deemed to have given

 2  his or her consent to submit to an approved blood test for the

 3  purpose of determining the alcoholic content of the blood or a

 4  blood test for the purpose of determining the presence of

 5  chemical substances or controlled substances as provided in

 6  this section if there is reasonable cause to believe the

 7  person was driving or in actual physical control of a motor

 8  vehicle while under the influence of alcoholic beverages or

 9  chemical or controlled substances and the person appears for

10  treatment at a hospital, clinic, or other medical facility and

11  the administration of a breath or urine test is impractical or

12  impossible. As used in this paragraph, the term "other medical

13  facility" includes an ambulance or other medical emergency

14  vehicle. The blood test shall be performed in a reasonable

15  manner. Any person who is incapable of refusal by reason of

16  unconsciousness or other mental or physical condition is

17  deemed not to have withdrawn his or her consent to such test.

18  A blood test may be administered whether or not the person is

19  told that his or her failure to submit to such a blood test

20  will result in the suspension of the person's privilege to

21  operate a motor vehicle upon the public highways of this state

22  and that a refusal to submit to a lawful test of his or her

23  blood, if his or her driving privilege has been previously

24  suspended for refusal to submit to a lawful test of his or her

25  breath, urine, or blood, is a misdemeanor. Any person who is

26  capable of refusal shall be told that his or her failure to

27  submit to such a blood test will result in the suspension of

28  the person's privilege to operate a motor vehicle for a period

29  of 1 year for a first refusal, or for a period of 18 months if

30  the driving privilege of the person has been suspended

31  previously as a result of a refusal to submit to such a test

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 1  or tests, and that a refusal to submit to a lawful test of his

 2  or her blood, if his or her driving privilege has been

 3  previously suspended for a prior refusal to submit to a lawful

 4  test of his or her breath, urine, or blood, is a misdemeanor.

 5  The refusal to submit to a blood test upon the request of a

 6  law enforcement officer is admissible in evidence in any

 7  criminal proceeding.

 8         (f)1.  The tests determining the weight of alcohol in

 9  the defendant's blood or breath shall be administered at the

10  request of a law enforcement officer substantially in

11  accordance with rules of the Department of Law Enforcement.

12  Such rules must specify precisely the test or tests that are

13  approved by the Department of Law Enforcement for reliability

14  of result and ease of administration, and must provide an

15  approved method of administration which must be followed in

16  all such tests given under this section. However, the failure

17  of a law enforcement officer to request the withdrawal of

18  blood does not affect the admissibility of a test of blood

19  withdrawn for medical purposes.

20         2.a.  Only a physician, certified paramedic, registered

21  nurse, licensed practical nurse, other personnel authorized by

22  a hospital to draw blood, or duly licensed clinical laboratory

23  director, supervisor, technologist, or technician, acting at

24  the request of a law enforcement officer, may withdraw blood

25  for the purpose of determining its alcoholic content or the

26  presence of chemical substances or controlled substances

27  therein. However, the failure of a law enforcement officer to

28  request the withdrawal of blood does not affect the

29  admissibility of a test of blood withdrawn for medical

30  purposes.

31  

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 1         b.  Notwithstanding any provision of law pertaining to

 2  the confidentiality of hospital records or other medical

 3  records, if a health care provider, who is providing medical

 4  care in a health care facility to a person injured in a motor

 5  vehicle crash, becomes aware, as a result of any blood test

 6  performed in the course of that medical treatment, that the

 7  person's blood-alcohol level meets or exceeds the

 8  blood-alcohol level specified in s. 316.193(1)(b), the health

 9  care provider may notify any law enforcement officer or law

10  enforcement agency. Any such notice must be given within a

11  reasonable time after the health care provider receives the

12  test result. Any such notice shall be used only for the

13  purpose of providing the law enforcement officer with

14  reasonable cause to request the withdrawal of a blood sample

15  pursuant to this section.

16         c.  The notice shall consist only of the name of the

17  person being treated, the name of the person who drew the

18  blood, the blood-alcohol level indicated by the test, and the

19  date and time of the administration of the test.

20         d.  Nothing contained in s. 395.3025(4), s. 456.057, or

21  any applicable practice act affects the authority to provide

22  notice under this section, and the health care provider is not

23  considered to have breached any duty owed to the person under

24  s. 395.3025(4), s. 456.057, or any applicable practice act by

25  providing notice or failing to provide notice. It shall not be

26  a breach of any ethical, moral, or legal duty for a health

27  care provider to provide notice or fail to provide notice.

28         e.  A civil, criminal, or administrative action may not

29  be brought against any person or health care provider

30  participating in good faith in the provision of notice or

31  failure to provide notice as provided in this section. Any

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 1  person or health care provider participating in the provision

 2  of notice or failure to provide notice as provided in this

 3  section shall be immune from any civil or criminal liability

 4  and from any professional disciplinary action with respect to

 5  the provision of notice or failure to provide notice under

 6  this section. Any such participant has the same immunity with

 7  respect to participating in any judicial proceedings resulting

 8  from the notice or failure to provide notice.

 9         3.  The person tested may, at his or her own expense,

10  have a physician, registered nurse, other personnel authorized

11  by a hospital to draw blood, or duly licensed clinical

12  laboratory director, supervisor, technologist, or technician,

13  or other person of his or her own choosing administer an

14  independent test in addition to the test administered at the

15  direction of the law enforcement officer for the purpose of

16  determining the amount of alcohol in the person's blood or

17  breath or the presence of chemical substances or controlled

18  substances at the time alleged, as shown by chemical analysis

19  of his or her blood or urine, or by chemical or physical test

20  of his or her breath. The failure or inability to obtain an

21  independent test by a person does not preclude the

22  admissibility in evidence of the test taken at the direction

23  of the law enforcement officer. The law enforcement officer

24  shall not interfere with the person's opportunity to obtain

25  the independent test and shall provide the person with timely

26  telephone access to secure the test, but the burden is on the

27  person to arrange and secure the test at the person's own

28  expense.

29         4.  Upon the request of the person tested, full

30  information concerning the results of the test taken at the

31  direction of the law enforcement officer shall be made

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 1  available to the person or his or her attorney. Full

 2  information is limited to the following:

 3         a.  The type of test administered and the procedures

 4  followed.

 5         b.  The time of the collection of the blood or breath

 6  sample analyzed.

 7         c.  The numerical results of the test indicating the

 8  alcohol content of the blood and breath.

 9         d.  The type and status of any permit issued by the

10  Department of Law Enforcement which was held by the person who

11  performed the test.

12         e.  If the test was administered by means of a breath

13  testing instrument, the date of performance of the most recent

14  required inspection of such instrument.

15  

16  Full information does not include manuals, schematics, or

17  software of the instrument used to test the person or any

18  other material that is not in the actual possession of the

19  state. Additionally, full information does not include

20  information in the possession of the manufacturer of the test

21  instrument.

22         5.  A hospital, clinical laboratory, medical clinic, or

23  similar medical institution or physician, certified paramedic,

24  registered nurse, licensed practical nurse, other personnel

25  authorized by a hospital to draw blood, or duly licensed

26  clinical laboratory director, supervisor, technologist, or

27  technician, or other person assisting a law enforcement

28  officer does not incur any civil or criminal liability as a

29  result of the withdrawal or analysis of a blood or urine

30  specimen, or the chemical or physical test of a person's

31  breath pursuant to accepted medical standards when requested

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 1  by a law enforcement officer, regardless of whether or not the

 2  subject resisted administration of the test.

 3         Section 2.  Section 316.1939, Florida Statutes, is

 4  amended to read:

 5         316.1939  Refusal to submit to testing; penalties.--

 6         (1)  Any person who has refused to submit to a chemical

 7  or physical test of his or her breath, blood, or urine, as

 8  described in s. 316.1932, and whose driving privilege was

 9  previously suspended for a prior refusal to submit to a lawful

10  test of his or her breath, urine, or blood, and:

11         (a)  Who the arresting law enforcement officer had

12  probable cause to believe was driving or in actual physical

13  control of a motor vehicle in this state while under the

14  influence of alcoholic beverages, chemical substances, or

15  controlled substances;

16         (b)  Who was placed under lawful arrest for a violation

17  of s. 316.193 unless such test was requested pursuant to s.

18  316.1932(1)(c);

19         (c)  Who was informed that, if he or she refused to

20  submit to such test, his or her privilege to operate a motor

21  vehicle would be suspended for a period of 1 year or, in the

22  case of a second or subsequent refusal, for a period of 18

23  months;

24         (d)  Who was informed that a refusal to submit to a

25  lawful test of his or her breath, urine, or blood, if his or

26  her driving privilege has been previously suspended for a

27  prior refusal to submit to a lawful test of his or her breath,

28  urine, or blood, is a misdemeanor; and

29         (e)  Who, after having been so informed, refused to

30  submit to any such test when requested to do so by a law

31  enforcement officer or correctional officer,

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 1  

 2  commits the offense of refusal to submit to testing. If such

 3  person's driving privilege was previously suspended for a

 4  prior refusal to submit to a lawful test of his or her breath,

 5  urine, or blood, such offense is a misdemeanor of the first

 6  degree, punishable and is subject to punishment as provided in

 7  s. 775.082 or s. 775.083. If such person's driving privilege

 8  was not previously suspended for a prior refusal to submit to

 9  a lawful test of his or her breath, urine, or blood, such

10  offense shall be punished by imprisonment for not more than 6

11  months and by a fine of up to $500.

12         (2)  The disposition of any administrative proceeding

13  that relates to the suspension of a person's driving privilege

14  does not affect a criminal action under this section.

15         (3)  The disposition of a criminal action under this

16  section does not affect any administrative proceeding that

17  relates to the suspension of a person's driving privilege. The

18  department's records showing that a person's license has been

19  previously suspended for a prior refusal to submit to a lawful

20  test of his or her breath, urine, or blood shall be admissible

21  and shall create a rebuttable presumption of such suspension.

22         Section 3.  Paragraphs (a), (c), and (e) of subsection

23  (1) of section 327.352, Florida Statutes, are amended to read:

24         327.352  Tests for alcohol, chemical substances, or

25  controlled substances; implied consent; refusal.--

26         (1)(a)1.  The Legislature declares that the operation

27  of a vessel is a privilege that must be exercised in a

28  reasonable manner. In order to protect the public health and

29  safety, it is essential that a lawful and effective means of

30  reducing the incidence of boating while impaired or

31  intoxicated be established. Therefore, any person who accepts

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 1  the privilege extended by the laws of this state of operating

 2  a vessel within this state is, by so operating such vessel,

 3  deemed to have given his or her consent to submit to an

 4  approved chemical test or physical test including, but not

 5  limited to, an infrared light test of his or her breath for

 6  the purpose of determining the alcoholic content of his or her

 7  blood or breath if the person is lawfully arrested for any

 8  offense allegedly committed while the person was operating a

 9  vessel while under the influence of alcoholic beverages. The

10  chemical or physical breath test must be incidental to a

11  lawful arrest and administered at the request of a law

12  enforcement officer who has reasonable cause to believe such

13  person was operating the vessel within this state while under

14  the influence of alcoholic beverages. The administration of a

15  breath test does not preclude the administration of another

16  type of test. The person shall be told that his or her failure

17  to submit to any lawful test of his or her breath will result

18  in a civil penalty of $500, and shall also be told that if he

19  or she refuses to submit to a lawful test of his or her breath

20  and he or she has been previously fined for refusal to submit

21  to any lawful test of his or her breath, urine, or blood, he

22  or she commits a misdemeanor in addition to any other

23  penalties. The refusal to submit to a chemical or physical

24  breath test upon the request of a law enforcement officer as

25  provided in this section is admissible into evidence in any

26  criminal proceeding.

27         2.  Any person who accepts the privilege extended by

28  the laws of this state of operating a vessel within this state

29  is, by so operating such vessel, deemed to have given his or

30  her consent to submit to a urine test for the purpose of

31  detecting the presence of chemical substances as set forth in

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 1  s. 877.111 or controlled substances if the person is lawfully

 2  arrested for any offense allegedly committed while the person

 3  was operating a vessel while under the influence of chemical

 4  substances or controlled substances. The urine test must be

 5  incidental to a lawful arrest and administered at a detention

 6  facility or any other facility, mobile or otherwise, which is

 7  equipped to administer such tests at the request of a law

 8  enforcement officer who has reasonable cause to believe such

 9  person was operating a vessel within this state while under

10  the influence of chemical substances or controlled substances.

11  The urine test shall be administered at a detention facility

12  or any other facility, mobile or otherwise, which is equipped

13  to administer such test in a reasonable manner that will

14  ensure the accuracy of the specimen and maintain the privacy

15  of the individual involved. The administration of a urine test

16  does not preclude the administration of another type of test.

17  The person shall be told that his or her failure to submit to

18  any lawful test of his or her urine will result in a civil

19  penalty of $500, and shall also be told that if he or she

20  refuses to submit to a lawful test of his or her urine and he

21  or she has been previously fined for refusal to submit to any

22  lawful test of his or her breath, urine, or blood, he or she

23  commits a misdemeanor in addition to any other penalties. The

24  refusal to submit to a urine test upon the request of a law

25  enforcement officer as provided in this section is admissible

26  into evidence in any criminal proceeding.

27         (c)  Any person who accepts the privilege extended by

28  the laws of this state of operating a vessel within this state

29  is, by operating such vessel, deemed to have given his or her

30  consent to submit to an approved blood test for the purpose of

31  determining the alcoholic content of the blood or a blood test

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 1  for the purpose of determining the presence of chemical

 2  substances or controlled substances as provided in this

 3  section if there is reasonable cause to believe the person was

 4  operating a vessel while under the influence of alcoholic

 5  beverages or chemical or controlled substances and the person

 6  appears for treatment at a hospital, clinic, or other medical

 7  facility and the administration of a breath or urine test is

 8  impractical or impossible. As used in this paragraph, the term

 9  "other medical facility" includes an ambulance or other

10  medical emergency vehicle. The blood test shall be performed

11  in a reasonable manner. Any person who is incapable of refusal

12  by reason of unconsciousness or other mental or physical

13  condition is deemed not to have withdrawn his or her consent

14  to such test. Any person who is capable of refusal shall be

15  told that his or her failure to submit to such a blood test

16  will result in a civil penalty of $500 and that a refusal to

17  submit to a lawful test of his or her blood, if he or she has

18  previously been fined for refusal to submit to any lawful test

19  of his or her breath, urine, or blood, is a misdemeanor. The

20  refusal to submit to a blood test upon the request of a law

21  enforcement officer shall be admissible in evidence in any

22  criminal proceeding.

23         (e)1.  The tests determining the weight of alcohol in

24  the defendant's blood or breath shall be administered at the

25  request of a law enforcement officer substantially in

26  accordance with rules of the Department of Law Enforcement.

27  However, the failure of a law enforcement officer to request

28  the withdrawal of blood does not affect the admissibility of a

29  test of blood withdrawn for medical purposes.

30         2.  Only a physician, certified paramedic, registered

31  nurse, licensed practical nurse, other personnel authorized by

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 1  a hospital to draw blood, or duly licensed clinical laboratory

 2  director, supervisor, technologist, or technician, acting at

 3  the request of a law enforcement officer, may withdraw blood

 4  for the purpose of determining its alcoholic content or the

 5  presence of chemical substances or controlled substances

 6  therein. However, the failure of a law enforcement officer to

 7  request the withdrawal of blood does not affect the

 8  admissibility of a test of blood withdrawn for medical

 9  purposes.

10         3.  The person tested may, at his or her own expense,

11  have a physician, registered nurse, other personnel authorized

12  by a hospital to draw blood, or duly licensed clinical

13  laboratory director, supervisor, technologist, or technician,

14  or other person of his or her own choosing administer an

15  independent test in addition to the test administered at the

16  direction of the law enforcement officer for the purpose of

17  determining the amount of alcohol in the person's blood or

18  breath or the presence of chemical substances or controlled

19  substances at the time alleged, as shown by chemical analysis

20  of his or her blood or urine, or by chemical or physical test

21  of his or her breath. The failure or inability to obtain an

22  independent test by a person does not preclude the

23  admissibility in evidence of the test taken at the direction

24  of the law enforcement officer. The law enforcement officer

25  shall not interfere with the person's opportunity to obtain

26  the independent test and shall provide the person with timely

27  telephone access to secure the test, but the burden is on the

28  person to arrange and secure the test at the person's own

29  expense.

30         4.  Upon the request of the person tested, full

31  information concerning the results of the test taken at the

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    Florida Senate - 2006                     CS for CS for SB 232
    596-2258-06




 1  direction of the law enforcement officer shall be made

 2  available to the person or his or her attorney. Full

 3  information is limited to the following:

 4         a.  The type of test administered and the procedures

 5  followed.

 6         b.  The time of the collection of the blood or breath

 7  sample analyzed.

 8         c.  The numerical results of the test indicating the

 9  alcohol content of the blood and breath.

10         d.  The type and status of any permit issued by the

11  Department of Law Enforcement which was held by the person who

12  performed the test.

13         e.  If the test was administered by means of a breath

14  testing instrument, the date of performance of the most recent

15  required inspection of such instrument.

16  

17  Full information does not include manuals, schematics, or

18  software of the instrument used to test the person or any

19  other material that is not in the actual possession of the

20  state. Additionally, full information does not include

21  information in the possession of the manufacturer of the test

22  instrument.

23         5.  A hospital, clinical laboratory, medical clinic, or

24  similar medical institution or physician, certified paramedic,

25  registered nurse, licensed practical nurse, other personnel

26  authorized by a hospital to draw blood, or duly licensed

27  clinical laboratory director, supervisor, technologist, or

28  technician, or other person assisting a law enforcement

29  officer does not incur any civil or criminal liability as a

30  result of the withdrawal or analysis of a blood or urine

31  specimen, or the chemical or physical test of a person's

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    Florida Senate - 2006                     CS for CS for SB 232
    596-2258-06




 1  breath pursuant to accepted medical standards when requested

 2  by a law enforcement officer, regardless of whether or not the

 3  subject resisted administration of the test.

 4         Section 4.  Section 327.359, Florida Statutes, is

 5  amended to read:

 6         327.359  Refusal to submit to testing; penalties.--Any

 7  person who has refused to submit to a chemical or physical

 8  test of his or her breath, blood, or urine, as described in s.

 9  327.352, and who has been previously fined for refusal to

10  submit to a lawful test of his or her breath, urine, or blood,

11  and:

12         (1)  Who the arresting law enforcement officer had

13  probable cause to believe was operating or in actual physical

14  control of a vessel in this state while under the influence of

15  alcoholic beverages, chemical substances, or controlled

16  substances;

17         (2)  Who was placed under lawful arrest for a violation

18  of s. 327.35 unless such test was requested pursuant to s.

19  327.352(1)(c);

20         (3)  Who was informed that if he or she refused to

21  submit to such test he or she is subject to a fine of $500;

22         (4)  Who was informed that a refusal to submit to a

23  lawful test of his or her breath, urine, or blood, if he or

24  she has been previously fined for refusal to submit to a

25  lawful test of his or her breath, urine, or blood, is a

26  misdemeanor; and

27         (5)  Who, after having been so informed, refused to

28  submit to any such test when requested to do so by a law

29  enforcement officer or correctional officer,

30  

31  

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    Florida Senate - 2006                     CS for CS for SB 232
    596-2258-06




 1  commits the offense of refusal to submit to testing. If such

 2  person has been previously fined for a prior refusal to submit

 3  to a lawful test of his or her breath, urine, or blood, such

 4  offense is a misdemeanor of the first degree, punishable and

 5  is subject to punishment as provided in s. 775.082 or s.

 6  775.083. If such person has not previously been fined for a

 7  prior refusal to submit to a lawful test of his or her breath,

 8  urine, or blood, such offense shall be punished by

 9  imprisonment for not more than 6 months and by a fine of up to

10  $500.

11         Section 5.  This act shall take effect October 1, 2006.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                      CS for Senate Bill 232

15                                 

16  The CS makes a technical change by placing "maintenance" with
    "inspection" relating to full information available to a
17  person concerning the results of a test administered by means
    of a breath testing instrument.
18  
    Also, this CS provides for imprisonment for up to 6 months and
19  a fine of up to $500 (even though the person has not been
    adjudicated guilty) for an offense of refusal to submit to
20  testing if the person's driving privilege was not previously
    suspended for a prior refusal.
21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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