HB 183

1
A bill to be entitled
2An act relating to blood testing of persons involved in a
3traffic accident causing serious injury or death; amending
4s. 316.1933, F.S.; requiring a law enforcement officer who
5has a reasonable suspicion that a person was driving or in
6actual physical control of a motor vehicle when it was
7involved in an accident that may have caused or
8contributed to the death or serious bodily injury of a
9human being to require that person to submit to a test of
10the person's blood to determine the alcoholic content
11thereof or the presence of specified substances;
12authorizing the law enforcement officer to use reasonable
13force if necessary; requiring that the blood test be
14performed in a reasonable manner; providing that the test
15need not be incidental to a lawful arrest of the person;
16providing testing requirements and procedures; providing a
17limitation of liability; providing for disposition of
18charges; limiting use of test results; authorizing release
19of results to certain persons; reenacting ss. 316.066(7),
20316.1934(2), 322.2616(18), and 322.27(1)(a), F.S.,
21relating to written reports of crashes; presumption of
22impairment and testing methods; suspension of license,
23persons under 21 years of age, and right to review; and
24authority of the Department of Highway Safety and Motor
25Vehicles to suspend or revoke license; providing an
26effective date.
27
28Be It Enacted by the Legislature of the State of Florida:
29
30     Section 1.  Section 316.1933, Florida Statutes, is amended
31to read:
32     316.1933  Blood test for impairment or intoxication in
33cases of death or serious bodily injury; right to use reasonable
34force.--
35     (1)(a)  If a law enforcement officer has probable cause to
36believe that a motor vehicle driven by or in the actual physical
37control of a person under the influence of alcoholic beverages,
38any chemical substances, or any controlled substances has caused
39the death or serious bodily injury of a human being, a law
40enforcement officer shall require the person driving or in
41actual physical control of the motor vehicle to submit to a test
42of the person's blood for the purpose of determining the
43alcoholic content thereof or the presence of chemical substances
44as set forth in s. 877.111 or any substance controlled under
45chapter 893. The law enforcement officer may use reasonable
46force if necessary to require such person to submit to the
47administration of the blood test. The blood test shall be
48performed in a reasonable manner. Notwithstanding s. 316.1932,
49the testing required by this paragraph need not be incidental to
50a lawful arrest of the person.
51     (b)  If a law enforcement officer has a reasonable
52suspicion that a person was driving or in actual physical
53control of a motor vehicle when it was involved in an accident
54that may have caused or contributed to the death or serious
55bodily injury of a human being, a law enforcement officer shall
56require the person who is suspected of driving or being in
57actual physical control of the motor vehicle to submit to a test
58of the person's blood for the purpose of determining the
59alcoholic content thereof or the presence of chemical substances
60as set forth in s. 877.111 or any substance controlled under
61chapter 893. The law enforcement officer may use reasonable
62force if necessary to require such person to submit to the
63administration of the blood test. The blood test shall be
64performed in a reasonable manner. Notwithstanding s. 316.1932,
65the testing required by this paragraph need not be incidental to
66a lawful arrest of the person.
67     (c)(b)  The term "serious bodily injury" means an injury to
68any person, including the driver, which consists of a physical
69condition that creates a substantial risk of death, serious
70personal disfigurement, or protracted loss or impairment of the
71function of any bodily member or organ.
72     (2)(a)  Only a physician, certified paramedic, registered
73nurse, licensed practical nurse, other personnel authorized by a
74hospital to draw blood, or duly licensed clinical laboratory
75director, supervisor, technologist, or technician, acting at the
76request of a law enforcement officer, may withdraw blood for the
77purpose of determining the alcoholic content thereof or the
78presence of chemical substances or controlled substances
79therein. However, the failure of a law enforcement officer to
80request the withdrawal of blood shall not affect the
81admissibility of a test of blood withdrawn for medical purposes.
82     1.  Notwithstanding any provision of law pertaining to the
83confidentiality of hospital records or other medical records, if
84a health care provider, who is providing medical care in a
85health care facility to a person injured in a motor vehicle
86crash, becomes aware, as a result of any blood test performed in
87the course of that medical treatment, that the person's blood-
88alcohol level meets or exceeds the blood-alcohol level specified
89in s. 316.193(1)(b), the health care provider may notify any law
90enforcement officer or law enforcement agency. Any such notice
91must be given within a reasonable time after the health care
92provider receives the test result. Any such notice shall be used
93only for the purpose of providing the law enforcement officer
94with reasonable cause to request the withdrawal of a blood
95sample pursuant to this section.
96     2.  The notice shall consist only of the name of the person
97being treated, the name of the person who drew the blood, the
98blood-alcohol level indicated by the test, and the date and time
99of the administration of the test.
100     3.  Nothing contained in s. 395.3025(4), s. 456.057, or any
101applicable practice act affects the authority to provide notice
102under this section, and the health care provider is not
103considered to have breached any duty owed to the person under s.
104395.3025(4), s. 456.057, or any applicable practice act by
105providing notice or failing to provide notice. It shall not be a
106breach of any ethical, moral, or legal duty for a health care
107provider to provide notice or fail to provide notice.
108     4.  A civil, criminal, or administrative action may not be
109brought against any person or health care provider participating
110in good faith in the provision of notice or failure to provide
111notice as provided in this section. Any person or health care
112provider participating in the provision of notice or failure to
113provide notice as provided in this section shall be immune from
114any civil or criminal liability and from any professional
115disciplinary action with respect to the provision of notice or
116failure to provide notice under this section. Any such
117participant has the same immunity with respect to participating
118in any judicial proceedings resulting from the notice or failure
119to provide notice.
120     (b)  A chemical analysis of the person's blood to determine
121the alcoholic content thereof must have been performed
122substantially in accordance with methods approved by the
123Department of Law Enforcement and by an individual possessing a
124valid permit issued by the department for this purpose. The
125Department of Law Enforcement may approve satisfactory
126techniques or methods, ascertain the qualifications and
127competence of individuals to conduct such analyses, and issue
128permits that are subject to termination or revocation at the
129discretion of the department. Any insubstantial differences
130between approved methods or techniques and actual testing
131procedures, or any insubstantial defects concerning the permit
132issued by the department, in any individual case, shall not
133render the test or test results invalid.
134     (c)  No hospital, clinical laboratory, medical clinic, or
135similar medical institution or physician, certified paramedic,
136registered nurse, licensed practical nurse, other personnel
137authorized by a hospital to draw blood, or duly licensed
138clinical laboratory director, supervisor, technologist, or
139technician, or other person assisting a law enforcement officer
140shall incur any civil or criminal liability as a result of the
141withdrawal or analysis of a blood specimen pursuant to accepted
142medical standards when requested by a law enforcement officer,
143regardless of whether or not the subject resisted administration
144of the test.
145     (3)(a)  Any criminal charge resulting from the incident
146giving rise to the officer's demand for testing shall be tried
147concurrently with a charge of any violation arising out of the
148same incident, unless, in the discretion of the court, such
149charges should be tried separately. If such charges are tried
150separately, the fact that such person refused, resisted,
151obstructed, or opposed testing shall be admissible at the trial
152of the criminal offense which gave rise to the demand for
153testing.
154     (b)  The results of any test administered pursuant to this
155section for the purpose of detecting the presence of any
156controlled substance shall not be admissible as evidence in a
157criminal prosecution for the possession of a controlled
158substance.
159     (4)  Notwithstanding any provision of law pertaining to the
160confidentiality of hospital records or other medical records,
161information relating to the alcoholic content of the blood or
162the presence of chemical substances or controlled substances in
163the blood obtained pursuant to this section shall be released to
164a court, prosecuting attorney, defense attorney, or law
165enforcement officer in connection with an alleged violation of
166s. 316.193 upon request for such information.
167     Section 2.  For the purpose of incorporating the amendment
168made by this act to section 316.1933, Florida Statutes, in a
169reference thereto, subsection (7) of section 316.066, Florida
170Statutes, is reenacted to read:
171     316.066  Written reports of crashes.--
172     (7)  Except as specified in this subsection, each crash
173report made by a person involved in a crash and any statement
174made by such person to a law enforcement officer for the purpose
175of completing a crash report required by this section shall be
176without prejudice to the individual so reporting. No such report
177or statement shall be used as evidence in any trial, civil or
178criminal. However, subject to the applicable rules of evidence,
179a law enforcement officer at a criminal trial may testify as to
180any statement made to the officer by the person involved in the
181crash if that person's privilege against self-incrimination is
182not violated. The results of breath, urine, and blood tests
183administered as provided in s. 316.1932 or s. 316.1933 are not
184confidential and shall be admissible into evidence in accordance
185with the provisions of s. 316.1934(2). Crash reports made by
186persons involved in crashes shall not be used for commercial
187solicitation purposes; however, the use of a crash report for
188purposes of publication in a newspaper or other news periodical
189or a radio or television broadcast shall not be construed as
190"commercial purpose."
191     Section 3.  For the purpose of incorporating the amendment
192made by this act to section 316.1933, Florida Statutes, in a
193reference thereto, subsection (2) of section 316.1934, Florida
194Statutes, is reenacted to read:
195     316.1934  Presumption of impairment; testing methods.--
196     (2)  At the trial of any civil or criminal action or
197proceeding arising out of acts alleged to have been committed by
198any person while driving, or in actual physical control of, a
199vehicle while under the influence of alcoholic beverages or
200controlled substances, when affected to the extent that the
201person's normal faculties were impaired or to the extent that he
202or she was deprived of full possession of his or her normal
203faculties, the results of any test administered in accordance
204with s. 316.1932 or s. 316.1933 and this section are admissible
205into evidence when otherwise admissible, and the amount of
206alcohol in the person's blood or breath at the time alleged, as
207shown by chemical analysis of the person's blood, or by chemical
208or physical test of the person's breath, gives rise to the
209following presumptions:
210     (a)  If there was at that time a blood-alcohol level or
211breath-alcohol level of 0.05 or less, it is presumed that the
212person was not under the influence of alcoholic beverages to the
213extent that his or her normal faculties were impaired.
214     (b)  If there was at that time a blood-alcohol level or
215breath-alcohol level in excess of 0.05 but less than 0.08, that
216fact does not give rise to any presumption that the person was
217or was not under the influence of alcoholic beverages to the
218extent that his or her normal faculties were impaired but may be
219considered with other competent evidence in determining whether
220the person was under the influence of alcoholic beverages to the
221extent that his or her normal faculties were impaired.
222     (c)  If there was at that time a blood-alcohol level or
223breath-alcohol level of 0.08 or higher, that fact is prima facie
224evidence that the person was under the influence of alcoholic
225beverages to the extent that his or her normal faculties were
226impaired. Moreover, such person who has a blood-alcohol level or
227breath-alcohol level of 0.08 or higher is guilty of driving, or
228being in actual physical control of, a motor vehicle, with an
229unlawful blood-alcohol level or breath-alcohol level.
230
231The presumptions provided in this subsection do not limit the
232introduction of any other competent evidence bearing upon the
233question of whether the person was under the influence of
234alcoholic beverages to the extent that his or her normal
235faculties were impaired.
236     Section 4.  For the purpose of incorporating the amendment
237made by this act to section 316.1933, Florida Statutes, in a
238reference thereto, subsection (18) of section 322.2616, Florida
239Statutes, is reenacted to read:
240     322.2616  Suspension of license; persons under 21 years of
241age; right to review.--
242     (18)  The result of a blood test obtained during an
243investigation conducted under s. 316.1932 or s. 316.1933 may be
244used to suspend the driving privilege of a person under this
245section.
246     Section 5.  For the purpose of incorporating the amendment
247made by this act to section 316.1933, Florida Statutes, in a
248reference thereto, paragraph (a) of subsection (1) of section
249322.27, Florida Statutes, is reenacted to read:
250     322.27  Authority of department to suspend or revoke
251license.--
252     (1)  Notwithstanding any provisions to the contrary in
253chapter 120, the department is hereby authorized to suspend the
254license of any person without preliminary hearing upon a showing
255of its records or other sufficient evidence that the licensee:
256     (a)  Has committed an offense for which mandatory
257revocation of license is required upon conviction. A law
258enforcement agency must provide information to the department
259within 24 hours after any traffic fatality or when the law
260enforcement agency initiates action pursuant to s. 316.1933;
261     Section 6.  This act shall take effect July 1, 2007.


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