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
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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:
1
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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
2
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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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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
18
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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
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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.
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