Florida Senate - 2012                                    SB 1810
       
       
       
       By Senator Wise
       
       
       
       
       5-00253C-12                                           20121810__
    1                        A bill to be entitled                      
    2         An act relating to driving a motor vehicle while
    3         impaired; amending s. 316.003, F.S.; defining the
    4         terms “drive” and “impair” or “impaired”; amending s.
    5         316.193, F.S.; providing that a person commits the
    6         offense of driving while impaired and is subject to
    7         punishment for such violation if the person is driving
    8         a motor vehicle and satisfies the specified criteria
    9         relating to the consumption of alcohol, controlled
   10         substances, or other impairing substances; providing
   11         that a person commits the offense of driving while
   12         impaired if the person has in the blood or urine
   13         certain controlled substances in specified
   14         circumstances; providing that a person is entitled to
   15         an affirmative defense to the offense of driving while
   16         impaired if the person charged with the offense of
   17         driving while impaired introduced a controlled
   18         substance into his or her body pursuant to a
   19         prescription issued by a licensed health professional
   20         who is authorized to prescribe the controlled
   21         substance and if the person consumed the controlled
   22         substance in accordance with the health professional’s
   23         directions; providing that the use of a nonprescribed
   24         substance does not constitute an affirmative defense
   25         for a person who has a prescription for another
   26         substance; providing that alcohol or a legal impairing
   27         substance does not constitute a defense against a
   28         charge of driving while impaired under certain
   29         circumstances; amending ss. 187.201, 261.20, 310.101,
   30         316.027, 316.1932, 316.1933, 316.1934, 316.1937,
   31         316.1939, 318.143, 318.17, 320.055, 322.12, 322.25,
   32         322.26, 322.2615, 320.2616, 322.271, 322.2715, 322.28,
   33         322.291, 322.34, 322.61, 322.62, 322.63, 324.023,
   34         337.195, 401.281, and 401.445, F.S.; revising
   35         provisions to conform to changes made by the act;
   36         providing an effective date.
   37  
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Subsections (89) and (90) are added to section
   41  316.003, Florida Statutes, to read:
   42         316.003 Definitions.—The following words and phrases, when
   43  used in this chapter, shall have the meanings respectively
   44  ascribed to them in this section, except where the context
   45  otherwise requires:
   46         (89) DRIVE.—To operate or be in actual physical control of
   47  a vehicle.
   48         (90) IMPAIR OR IMPAIRED.—To weaken or diminish a person’s
   49  physical or mental abilities, including, but not limited to, the
   50  person’s balance, coordination, reflexes, memory, and
   51  comprehension, and the person’s ability to see, hear, walk,
   52  talk, judge distances, act in an emergency, follow directions,
   53  multitask, and, in general, perform the many mental and physical
   54  acts of daily life.
   55         Section 2. Section 316.193, Florida Statutes, is amended to
   56  read:
   57         316.193 Driving while impaired under the influence;
   58  penalties.—
   59         (1) A person commits is guilty of the offense of driving
   60  while impaired under the influence and is subject to punishment
   61  as provided in subsection (2) if the person is driving or in
   62  actual physical control of a vehicle anywhere within this state
   63  and:
   64         (a) The person is impaired by an under the influence of
   65  alcoholic beverage beverages, a any chemical substance
   66  identified set forth in s. 877.111, a or any substance
   67  controlled substance as defined in under chapter 893 or the
   68  Federal Register, any other impairing substance, or a
   69  combination of these items when affected to the extent that the
   70  person’s normal faculties are impaired;
   71         (b) The person has an alcohol concentration a blood-alcohol
   72  level of 0.08 or more grams of alcohol per 100 milliliters of
   73  blood or per 210 liters of breath at the time of driving or
   74  anytime after driving as a result of alcohol consumed before or
   75  during driving; or
   76         (c) The person has in the blood or urine a substance
   77  identified as a controlled substance as defined in Schedule I of
   78  chapter 893 or the Federal Register, or one of its metabolites
   79  or analogs; or a breath-alcohol level of 0.08 or more grams of
   80  alcohol per 210 liters of breath.
   81         (d) The person has in the blood or urine a substance
   82  identified as a controlled substance in Schedule II, Schedule
   83  III, or Schedule IV of chapter 893 or the Federal Register, or
   84  one of its metabolites or analogs.
   85         (2)(a) Except as provided in paragraph (b), subsection (3),
   86  or subsection (4), a any person who is convicted of a violation
   87  of subsection (1) shall be punished:
   88         1. By a fine of:
   89         a. Not less than $500 or more than $1,000 for a first
   90  conviction.
   91         b. Not less than $1,000 or more than $2,000 for a second
   92  conviction; and
   93         2. By imprisonment for:
   94         a. Not more than 6 months for a first conviction.
   95         b. Not more than 9 months for a second conviction.
   96         3. For a second conviction, by mandatory placement for a
   97  period of at least 1 year, at the convicted person’s sole
   98  expense, of an ignition interlock device approved by the
   99  department in accordance with s. 316.1938 upon all vehicles that
  100  are individually or jointly leased or owned and routinely
  101  operated by the convicted person, when the convicted person
  102  qualifies for a permanent or restricted license. The
  103  installation of such device may not occur before July 1, 2003.
  104         (b)1. A Any person who is convicted of a third violation of
  105  this section for an offense that occurs within 10 years after a
  106  prior conviction for a violation of this section commits a
  107  felony of the third degree, punishable as provided in s.
  108  775.082, s. 775.083, or s. 775.084. In addition, the court shall
  109  order the mandatory placement for a period of at least not less
  110  than 2 years, at the convicted person’s sole expense, of an
  111  ignition interlock device approved by the department in
  112  accordance with s. 316.1938 upon all vehicles that are
  113  individually or jointly leased or owned and routinely operated
  114  by the convicted person, when the convicted person qualifies for
  115  a permanent or restricted license. The installation of such
  116  device may not occur before July 1, 2003.
  117         2. A Any person who is convicted of a third violation of
  118  this section for an offense that occurs more than 10 years after
  119  the date of a prior conviction for a violation of this section
  120  shall be punished by a fine of not less than $2,000 or more than
  121  $5,000 and by imprisonment for not more than 12 months. In
  122  addition, the court shall order the mandatory placement for a
  123  period of at least 2 years, at the convicted person’s sole
  124  expense, of an ignition interlock device approved by the
  125  department in accordance with s. 316.1938 upon all vehicles that
  126  are individually or jointly leased or owned and routinely
  127  operated by the convicted person, when the convicted person
  128  qualifies for a permanent or restricted license. The
  129  installation of such device may not occur before July 1, 2003.
  130         3. A Any person who is convicted of a fourth or subsequent
  131  violation of this section, regardless of when any prior
  132  conviction for a violation of this section occurred, commits a
  133  felony of the third degree, punishable as provided in s.
  134  775.082, s. 775.083, or s. 775.084. However, The fine imposed
  135  for such fourth or subsequent violation may be not be less than
  136  $2,000.
  137         (3) A Any person:
  138         (a) Who is in violation of subsection (1);
  139         (b) Who operates a vehicle; and
  140         (c) Who, by reason of such operation, causes or contributes
  141  to causing:
  142         1. Damage to the property or person of another commits a
  143  misdemeanor of the first degree, punishable as provided in s.
  144  775.082 or s. 775.083.
  145         2. Serious bodily injury to another, as defined in s.
  146  316.1933, commits a felony of the third degree, punishable as
  147  provided in s. 775.082, s. 775.083, or s. 775.084.
  148         3. The death of a any human being or unborn quick child
  149  commits DUI manslaughter, and commits:
  150         a. A felony of the second degree, punishable as provided in
  151  s. 775.082, s. 775.083, or s. 775.084.
  152         b. A felony of the first degree, punishable as provided in
  153  s. 775.082, s. 775.083, or s. 775.084, if:
  154         (I) At the time of the crash, the person knew, or should
  155  have known, that the crash occurred; and
  156         (II) The person failed to give information and render aid
  157  as required by s. 316.062.
  158  
  159  For purposes of this subsection, the definition of the term
  160  “unborn quick child” shall be determined in accordance with the
  161  definition of viable fetus as set forth in s. 782.071. A person
  162  who is convicted of DUI manslaughter shall be sentenced to a
  163  mandatory minimum term of imprisonment of 4 years.
  164         (4) A Any person who is convicted of a violation of
  165  subsection (1) and who has a blood-alcohol level or breath
  166  alcohol level of 0.15 or higher, or a any person who is
  167  convicted of a violation of subsection (1) and who at the time
  168  of the offense was accompanied in the vehicle by a person under
  169  the age of 18 years, shall be punished:
  170         (a) By a fine of:
  171         1. Not less than $1,000 or more than $2,000 for a first
  172  conviction.
  173         2. Not less than $2,000 or more than $4,000 for a second
  174  conviction.
  175         3. Not less than $4,000 for a third or subsequent
  176  conviction.
  177         (b) By imprisonment for:
  178         1. Not more than 9 months for a first conviction.
  179         2. Not more than 12 months for a second conviction.
  180  
  181  For the purposes of this subsection, only the instant offense is
  182  required to be a violation of subsection (1) by a person who has
  183  a blood-alcohol level or breath-alcohol level of 0.15 or higher.
  184         (c) In addition to the penalties in paragraphs (a) and (b),
  185  the court shall order the mandatory placement, at the convicted
  186  person’s sole expense, of an ignition interlock device approved
  187  by the department in accordance with s. 316.1938 upon all
  188  vehicles that are individually or jointly leased or owned and
  189  routinely operated by the convicted person for at least not less
  190  than 6 continuous months for the first offense and for at least
  191  not less than 2 continuous years for a second offense, when the
  192  convicted person qualifies for a permanent or restricted
  193  license.
  194         (5) The court shall place all offenders convicted of
  195  violating this section on monthly reporting probation and shall
  196  require completion of a substance abuse course conducted by a
  197  DUI program licensed by the department under s. 322.292, which
  198  must include a psychosocial evaluation of the offender. If the
  199  DUI program refers the offender to an authorized substance abuse
  200  treatment provider for substance abuse treatment, in addition to
  201  any sentence or fine imposed under this section, completion of
  202  all such education, evaluation, and treatment is a condition of
  203  reporting probation. The offender shall assume reasonable costs
  204  for such education, evaluation, and treatment. The referral to
  205  treatment resulting from a psychosocial evaluation may shall not
  206  be waived without a supporting independent psychosocial
  207  evaluation conducted by an authorized substance abuse treatment
  208  provider appointed by the court, which shall have access to the
  209  DUI program’s psychosocial evaluation before the independent
  210  psychosocial evaluation is conducted. The court shall review the
  211  results and recommendations of both evaluations before
  212  determining the request for waiver. The offender shall bear the
  213  full cost of this procedure. The term “substance abuse” means
  214  the abuse of alcohol or any substance named or described in
  215  Schedules I through V of s. 893.03. If an offender referred to
  216  treatment under this subsection fails to report for or complete
  217  such treatment or fails to complete the DUI program substance
  218  abuse education course and evaluation, the DUI program shall
  219  notify the court and the department of the failure. Upon receipt
  220  of the notice, the department shall cancel the offender’s
  221  driving privilege, notwithstanding the terms of the court order
  222  or any suspension or revocation of the driving privilege. The
  223  department may temporarily reinstate the driving privilege on a
  224  restricted basis upon verification from the DUI program that the
  225  offender is currently participating in treatment and the DUI
  226  education course and evaluation requirement has been completed.
  227  If the DUI program notifies the department of the second failure
  228  to complete treatment, the department shall reinstate the
  229  driving privilege only after notice of completion of treatment
  230  from the DUI program. The organization that conducts the
  231  substance abuse education and evaluation may not provide
  232  required substance abuse treatment unless a waiver has been
  233  granted to that organization by the department. A waiver may be
  234  granted only if the department determines, in accordance with
  235  its rules, that the service provider that conducts the substance
  236  abuse education and evaluation is the most appropriate service
  237  provider and is licensed under chapter 397 or is exempt from
  238  such licensure. A statistical referral report shall be submitted
  239  quarterly to the department by each organization authorized to
  240  provide services under this section.
  241         (6) With respect to any person convicted of a violation of
  242  subsection (1), regardless of any penalty imposed pursuant to
  243  subsection (2), subsection (3), or subsection (4):
  244         (a) For the first conviction, the court shall place the
  245  defendant on probation for a period not to exceed 1 year and, as
  246  a condition of such probation, shall order the defendant to
  247  participate in public service or a community work project for a
  248  minimum of 50 hours. The court may order a defendant to pay a
  249  fine of $10 for each hour of public service or community work
  250  otherwise required only if the court finds that the residence or
  251  location of the defendant at the time public service or
  252  community work is required or the defendant’s employment
  253  obligations would create an undue hardship for the defendant.
  254  However, the total period of probation and incarceration may not
  255  exceed 1 year. The court must also, as a condition of probation,
  256  order the impoundment or immobilization of the vehicle that was
  257  operated by or in the actual control of the defendant or any one
  258  vehicle registered in the defendant’s name at the time of
  259  impoundment or immobilization, for a period of 10 days or for
  260  the unexpired term of any lease or rental agreement that expires
  261  within 10 days. The impoundment or immobilization must not occur
  262  concurrently with the incarceration of the defendant. The
  263  impoundment or immobilization order may be dismissed in
  264  accordance with paragraph (e), paragraph (f), paragraph (g), or
  265  paragraph (h).
  266         (b) For the second conviction for an offense that occurs
  267  within a period of 5 years after the date of a prior conviction
  268  for violation of this section, the court shall order
  269  imprisonment for at least not less than 10 days. The court must
  270  also, as a condition of probation, order the impoundment or
  271  immobilization of all vehicles owned by the defendant at the
  272  time of impoundment or immobilization, for a period of 30 days
  273  or for the unexpired term of any lease or rental agreement that
  274  expires within 30 days. The impoundment or immobilization must
  275  not occur concurrently with the incarceration of the defendant
  276  and must occur concurrently with the driver’s license revocation
  277  imposed under s. 322.28(2)(a)2. The impoundment or
  278  immobilization order may be dismissed in accordance with
  279  paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
  280  At least 48 hours of confinement must be consecutive.
  281         (c) For the third or subsequent conviction for an offense
  282  that occurs within a period of 10 years after the date of a
  283  prior conviction for violation of this section, the court shall
  284  order imprisonment for at least not less than 30 days. The court
  285  must also, as a condition of probation, order the impoundment or
  286  immobilization of all vehicles owned by the defendant at the
  287  time of impoundment or immobilization, for a period of 90 days
  288  or for the unexpired term of any lease or rental agreement that
  289  expires within 90 days. The impoundment or immobilization must
  290  not occur concurrently with the incarceration of the defendant
  291  and must occur concurrently with the driver’s license revocation
  292  imposed under s. 322.28(2)(a)3. The impoundment or
  293  immobilization order may be dismissed in accordance with
  294  paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
  295  At least 48 hours of confinement must be consecutive.
  296         (d) The court must, at the time of sentencing the
  297  defendant, issue an order for the impoundment or immobilization
  298  of a vehicle. The order of impoundment or immobilization must
  299  include the name and telephone numbers of all immobilization
  300  agencies meeting all of the conditions of subsection (13).
  301  Within 7 business days after the date that the court issues the
  302  order of impoundment or immobilization, the clerk of the court
  303  must send notice by certified mail, return receipt requested, to
  304  the registered owner of each vehicle, if the registered owner is
  305  a person other than the defendant, and to each person of record
  306  claiming a lien against the vehicle.
  307         (e) A person who owns but was not operating the vehicle
  308  when the offense occurred may submit to the court a police
  309  report indicating that the vehicle was stolen at the time of the
  310  offense or documentation of having purchased the vehicle after
  311  the offense was committed from an entity other than the
  312  defendant or the defendant’s agent. If the court finds that the
  313  vehicle was stolen or that the sale was not made to circumvent
  314  the order and to allow the defendant continued access to the
  315  vehicle, the order must be dismissed and the owner of the
  316  vehicle will incur no costs. If the court denies the request to
  317  dismiss the order of impoundment or immobilization, the
  318  petitioner may request an evidentiary hearing.
  319         (f) A person who owns but was not operating the vehicle
  320  when the offense occurred, and whose vehicle was stolen or who
  321  purchased the vehicle after the offense was committed directly
  322  from the defendant or the defendant’s agent, may request an
  323  evidentiary hearing to determine whether the impoundment or
  324  immobilization should occur. If the court finds that either the
  325  vehicle was stolen or the purchase was made without knowledge of
  326  the offense, that the purchaser had no relationship to the
  327  defendant other than through the transaction, and that such
  328  purchase would not circumvent the order and allow the defendant
  329  continued access to the vehicle, the order must be dismissed and
  330  the owner of the vehicle will incur no costs.
  331         (g) The court shall also dismiss the order of impoundment
  332  or immobilization of the vehicle if the court finds that the
  333  family of the owner of the vehicle has no other private or
  334  public means of transportation.
  335         (h) The court may also dismiss the order of impoundment or
  336  immobilization of any vehicles that are owned by the defendant
  337  but that are operated solely by the employees of the defendant
  338  or any business owned by the defendant.
  339         (i) All costs and fees for the impoundment or
  340  immobilization, including the cost of notification, must be paid
  341  by the owner of the vehicle or, if the vehicle is leased or
  342  rented, by the person leasing or renting the vehicle, unless the
  343  impoundment or immobilization order is dismissed. All provisions
  344  of s. 713.78 shall apply. The costs and fees for the impoundment
  345  or immobilization must be paid directly to the person impounding
  346  or immobilizing the vehicle.
  347         (j) The person who owns a vehicle that is impounded or
  348  immobilized under this paragraph, or a person who has a lien of
  349  record against such a vehicle and who has not requested a review
  350  of the impoundment pursuant to paragraph (e), paragraph (f), or
  351  paragraph (g), may, within 10 days after the date that person
  352  has knowledge of the location of the vehicle, file a complaint
  353  in the county in which the owner resides to determine whether
  354  the vehicle was wrongfully taken or withheld from the owner or
  355  lienholder. Upon the filing of a complaint, the owner or
  356  lienholder may have the vehicle released by posting with the
  357  court a bond or other adequate security equal to the amount of
  358  the costs and fees for impoundment or immobilization, including
  359  towing or storage, to ensure the payment of such costs and fees
  360  if the owner or lienholder does not prevail. When the bond is
  361  posted and the fee is paid as set forth in s. 28.24, the clerk
  362  of the court shall issue a certificate releasing the vehicle. At
  363  the time of release, after reasonable inspection, the owner or
  364  lienholder must give a receipt to the towing or storage company
  365  indicating any loss or damage to the vehicle or to the contents
  366  of the vehicle.
  367         (k) A defendant, in the court’s discretion, may be required
  368  to serve all or any portion of a term of imprisonment to which
  369  the defendant has been sentenced pursuant to this section in a
  370  residential alcoholism treatment program or a residential drug
  371  abuse treatment program. Any time spent in such a program must
  372  be credited by the court toward the term of imprisonment.
  373  
  374  For the purposes of this section, a any conviction for a
  375  violation of s. 327.35; a previous conviction for the violation
  376  of former s. 316.1931, former s. 860.01, or former s. 316.028;
  377  or a previous conviction outside this state for driving while
  378  impaired, driving under the influence, driving while
  379  intoxicated, driving with an unlawful blood-alcohol level,
  380  driving with an unlawful breath-alcohol level, or any other
  381  similar alcohol-related or drug-related traffic offense, is also
  382  considered a previous conviction for violation of this section.
  383  However, in satisfaction of the fine imposed pursuant to this
  384  section, the court may, upon a finding that the defendant is
  385  financially unable to pay either all or part of the fine, order
  386  that the defendant participate for a specified additional period
  387  of time in public service or a community work project in lieu of
  388  payment of that portion of the fine which the court determines
  389  the defendant is unable to pay. In determining the such
  390  additional sentence, the court shall consider the amount of the
  391  unpaid portion of the fine and the reasonable value of the
  392  services to be ordered; however, the court may not compute the
  393  reasonable value of services at a rate less than the federal
  394  minimum wage at the time of sentencing.
  395         (7) A conviction under this section does not bar any civil
  396  suit for damages against the person so convicted.
  397         (8) At the arraignment, or in conjunction with any notice
  398  of arraignment provided by the clerk of the court, the clerk
  399  shall provide any person charged with a violation of this
  400  section with notice that upon conviction the court shall suspend
  401  or revoke the offender’s driver’s license and that the offender
  402  should make arrangements for transportation at any proceeding in
  403  which the court may take such action. Failure to provide such
  404  notice does not affect the court’s suspension or revocation of
  405  the offender’s driver’s license.
  406         (9) A person who is arrested for a violation of this
  407  section may not be released from custody:
  408         (a) Until the person is no longer impaired by or under the
  409  influence of an alcoholic beverage beverages, a any chemical
  410  substance identified set forth in s. 877.111, or a any substance
  411  controlled under chapter 893 and affected to the extent that he
  412  or she is his or her normal faculties are impaired;
  413         (b) Until the person’s blood-alcohol level or breath
  414  alcohol level is less than 0.05; or
  415         (c) Until 8 hours have elapsed from the time the person was
  416  arrested.
  417         (10) The rulings of the Department of Highway Safety and
  418  Motor Vehicles under s. 322.2615 may shall not be considered in
  419  any trial for a violation of this section. Testimony or evidence
  420  from the administrative proceedings or any written statement
  421  submitted by a person in his or her request for administrative
  422  review is inadmissible into evidence or for any other purpose in
  423  any criminal proceeding, unless timely disclosed in criminal
  424  discovery pursuant to Rule 3.220, Florida Rules of Criminal
  425  Procedure.
  426         (11) The Department of Highway Safety and Motor Vehicles
  427  shall is directed to adopt rules providing for the
  428  implementation of the use of ignition interlock devices.
  429         (12) If the records of the Department of Highway Safety and
  430  Motor Vehicles show that the defendant has been previously
  431  convicted of the offense of driving while impaired or under the
  432  influence, that evidence is sufficient by itself to establish
  433  the that prior conviction for driving while impaired or under
  434  the influence. However, such evidence may be contradicted or
  435  rebutted by other evidence. This presumption may be considered
  436  along with any other evidence presented in deciding whether the
  437  defendant has been previously convicted of the offense of
  438  driving while impaired or under the influence.
  439         (13) If personnel of the circuit court or the sheriff do
  440  not immobilize vehicles, only immobilization agencies that meet
  441  the conditions of this subsection shall immobilize vehicles in
  442  that judicial circuit.
  443         (a) The immobilization agency responsible for immobilizing
  444  vehicles in that judicial circuit is shall be subject to strict
  445  compliance with all of the following conditions and
  446  restrictions:
  447         1. Any immobilization agency engaged in the business of
  448  immobilizing vehicles shall provide to the clerk of the court a
  449  signed affidavit attesting that the agency:
  450         a. Has verifiable experience in immobilizing vehicles;
  451         b. Maintains accurate and complete records of all payments
  452  for the immobilization, copies of all documents pertaining to
  453  the court’s order of impoundment or immobilization, and any
  454  other documents relevant to each immobilization. Such records
  455  must be maintained by the immobilization agency for at least 3
  456  years; and
  457         c. Employs and assigns persons to immobilize vehicles who
  458  that meet the requirements established in subparagraph 2.
  459         2. The person who immobilizes a vehicle must:
  460         a. Not have been adjudicated incapacitated under s.
  461  744.331, or a similar statute in another state, unless his or
  462  her capacity has been judicially restored; not have been
  463  involuntarily placed in a treatment facility for the mentally
  464  ill under chapter 394, or a similar law in any other state,
  465  unless his or her competency has been judicially restored; or
  466  not have been diagnosed as having an incapacitating mental
  467  illness unless a psychologist or psychiatrist licensed in this
  468  state certifies that he or she does not currently suffer from
  469  the mental illness.
  470         b. Not be a chronic and habitual user of alcoholic
  471  beverages to the extent that he or she is his or her normal
  472  faculties are impaired; not have been committed under chapter
  473  397, former chapter 396, or a similar law in any other state;
  474  not have been found to be a habitual offender under s.
  475  856.011(3), or a similar law in any other state; or not have had
  476  any conviction convictions under this section, or a similar law
  477  in any other state, within 2 years before the affidavit is
  478  submitted.
  479         c. Not have been committed for controlled substance abuse
  480  or have been found guilty of a crime under chapter 893, or a
  481  similar law in any other state, relating to controlled
  482  substances in any other state.
  483         d. Not have been found guilty of or entered a plea of
  484  guilty or nolo contendere to, regardless of adjudication, or
  485  been convicted of a felony, unless his or her civil rights have
  486  been restored.
  487         e. Be a citizen or legal resident alien of the United
  488  States or have been granted authorization to seek employment in
  489  this country by the United States Bureau of Citizenship and
  490  Immigration Services.
  491         (b) The immobilization agency shall conduct a state
  492  criminal history check through the Florida Department of Law
  493  Enforcement to ensure that the person hired to immobilize a
  494  vehicle meets the requirements in sub-subparagraph (a)2.d.
  495         (c) A person who violates paragraph (a) commits a
  496  misdemeanor of the first degree, punishable as provided in s.
  497  775.082 or s. 775.083.
  498         (14) As used in this chapter, the term:
  499         (a) “Immobilization,” “immobilizing,” or “immobilize” means
  500  the act of installing a vehicle antitheft device on the steering
  501  wheel of a vehicle, the act of placing a tire lock or wheel
  502  clamp on a vehicle, or a governmental agency’s act of taking
  503  physical possession of the license tag and vehicle registration
  504  rendering a vehicle legally inoperable to prevent any person
  505  from operating the vehicle pursuant to an order of impoundment
  506  or immobilization under subsection (6).
  507         (b) “Immobilization agency” or “immobilization agencies”
  508  means any person, firm, company, agency, organization,
  509  partnership, corporation, association, trust, or other business
  510  entity of any kind whatsoever that meets all of the conditions
  511  of subsection (13).
  512         (c) “Impoundment,” “impounding,” or “impound” means the act
  513  of storing a vehicle at a storage facility pursuant to an order
  514  of impoundment or immobilization under subsection (6) where the
  515  person impounding the vehicle exercises control, supervision,
  516  and responsibility over the vehicle.
  517         (d) “Person” means any individual, firm, company, agency,
  518  organization, partnership, corporation, association, trust, or
  519  other business entity of any kind whatsoever.
  520         (15)(a) If a person who is charged with violating
  521  subsection (1)(d) introduced into his or her body a controlled
  522  substance prescribed by a licensed health professional
  523  authorized to prescribe the controlled substance and if the
  524  person consumed the controlled substance in accordance with the
  525  health professional’s directions, the person is entitled to an
  526  affirmative defense against any allegation that the person
  527  violated subsection (1)(d). The introduction of a nonprescribed
  528  substance into the person’s body does not constitute an
  529  affirmative defense with respect to any nonprescribed substance.
  530         (b) Except for paragraph (a), the fact that a person
  531  charged with violating subsection (1) is or was legally entitled
  532  to introduce into the human body alcohol, a chemical substance,
  533  a controlled substance, a medication, a drug, or any other
  534  impairing substance does not constitute a defense against any
  535  charge of violating subsection (1).
  536         Section 3. Paragraph (b) of subsection (6) of section
  537  187.201, Florida Statutes, is amended to read:
  538         187.201 State Comprehensive Plan adopted.—The Legislature
  539  hereby adopts as the State Comprehensive Plan the following
  540  specific goals and policies:
  541         (6) PUBLIC SAFETY.—
  542         (b) Policies.—
  543         1. Maintain safe and secure prisons and other correctional
  544  facilities with the required number of well-trained staff.
  545         2. Provide effective alternatives to incarceration for
  546  appropriate offenders and encourage victim restitution.
  547         3. Make the corrections system as financially cost
  548  effective as possible through prison industries and other inmate
  549  work programs and through contractual agreements with public and
  550  private vendors.
  551         4. Continue to monitor educational and vocational training
  552  of inmates to increase the likelihood of successful
  553  reintegration into the community.
  554         5. Provide all inmates with access to adequate health care,
  555  including diagnostic and treatment programs for offenders
  556  suffering from substance abuse or psychological disorders.
  557         6. Provide incentives to attract and retain high-quality
  558  law enforcement and correctional officers.
  559         7. Emphasize the reduction of serious crime, particularly
  560  violent, organized, economic, and drug-related crimes.
  561         8. Increase the level of training and technical assistance
  562  provided to law enforcement agencies.
  563         9. Increase crime prevention efforts to enhance the
  564  protection of individual personal safety and property.
  565         10. Emphasize and protect the rights of crime victims.
  566         11. Continue to implement coordinated and integrated
  567  strategies to combat organized crime, economic crime, and drug
  568  trafficking.
  569         12. Expand the state’s provisions for the protection of
  570  witnesses in criminal cases, especially organized crime cases.
  571         13. Strengthen the state’s commitment to pursue, both
  572  criminally and civilly, those individuals who profit from
  573  economic crimes, in a manner that keeps pace with the level and
  574  sophistication of these criminal activities.
  575         14. Improve the efficiency of law enforcement through the
  576  establishment of a close communication and coordination system
  577  among agencies and a comprehensive reporting system for such
  578  types of criminal activities as forcible felonies and organized,
  579  economic, and drug crimes.
  580         15. Improve the effectiveness of the delinquent juvenile
  581  justice system commitment programs to reduce recidivism of
  582  juveniles who would otherwise be recommitted to state
  583  supervision.
  584         16. Utilize alternative sentencing and dispute resolution
  585  when appropriate, particularly in civil disputes and minor
  586  criminal violations.
  587         17. Increase the state’s commitment to stringent
  588  enforcement of laws against drunken or drugged driving.
  589         18. Expand public awareness campaigns that will emphasize
  590  the dangers of driving while impaired by under the influence of
  591  alcohol or drugs.
  592         19. Promote efforts to encourage the use of personal safety
  593  restraint devices for all persons traveling in motor vehicles.
  594         20. Improve the enforcement of and compliance with safe
  595  highway speed limits.
  596         21. Provide effective and efficient driver licensing
  597  systems, including a reliable testing system designed to
  598  preclude unqualified drivers from receiving driver’s licenses.
  599         22. Require local governments, in cooperation with regional
  600  and state agencies, to prepare advance plans for the safe
  601  evacuation of coastal residents.
  602         23. Require local governments, in cooperation with regional
  603  and state agencies, to adopt plans and policies to protect
  604  public and private property and human lives from the effects of
  605  natural disasters.
  606         Section 4. Paragraph (b) of subsection (5) of section
  607  261.20, Florida Statutes, is amended to read:
  608         261.20 Operations of off-highway vehicles on public lands;
  609  restrictions; safety courses; required equipment; prohibited
  610  acts; penalties.—
  611         (5) It is a violation of this section:
  612         (b) To operate an off-highway vehicle while impaired by an
  613  alcoholic beverage under the influence of alcohol, a controlled
  614  substance, or a any prescription or over-the-counter drug that
  615  impairs vision or motor condition.
  616         Section 5. Paragraph (m) of subsection (1) of section
  617  310.101, Florida Statutes, is amended to read:
  618         310.101 Grounds for disciplinary action by the board.—
  619         (1) Any act of misconduct, inattention to duty, negligence,
  620  or incompetence; any willful violation of any law or rule,
  621  including the rules of the road, applicable to a licensed state
  622  pilot or certificated deputy pilot; or any failure to exercise
  623  that care which a reasonable and prudent licensed state pilot or
  624  certificated deputy pilot would exercise under the same or
  625  similar circumstances may result in disciplinary action.
  626  Examples of acts by a licensed state pilot or certificated
  627  deputy pilot which constitute grounds for disciplinary action
  628  include, but are not limited to:
  629         (m) Having a license to operate a motor vehicle revoked,
  630  suspended, or otherwise acted against by any jurisdiction,
  631  including its agencies or subdivisions, for operating the
  632  vehicle while impaired by under the influence of alcohol or
  633  drugs. The jurisdiction’s acceptance of a relinquishment of
  634  license, stipulation, consent order, plea of nolo contendere,
  635  penalty in any form, or other settlement offered in response to
  636  or in anticipation of the filing of charges related to the
  637  license to operate a motor vehicle shall be construed as action
  638  against the license.
  639         Section 6. Paragraph (b) of subsection (1) of section
  640  316.027, Florida Statutes, is amended to read:
  641         316.027 Crash involving death or personal injuries.—
  642         (1)
  643         (b) The driver of any vehicle involved in a crash occurring
  644  on public or private property which that results in the death of
  645  any person must immediately stop the vehicle at the scene of the
  646  crash, or as close thereto as possible, and must remain at the
  647  scene of the crash until he or she has fulfilled the
  648  requirements of s. 316.062. A person who is arrested for a
  649  violation of this paragraph and who has previously been
  650  convicted of a violation of this section, s. 316.061, s.
  651  316.191, or s. 316.193, or a felony violation of s. 322.34,
  652  shall be held in custody until brought before the court for
  653  admittance to bail in accordance with chapter 903. Any person
  654  who willfully violates this paragraph commits a felony of the
  655  first degree, punishable as provided in s. 775.082, s. 775.083,
  656  or s. 775.084. Any person who willfully commits such a violation
  657  while driving impaired under the influence as set forth in s.
  658  316.193(1) shall be sentenced to a mandatory minimum term of
  659  imprisonment of 2 years.
  660         Section 7. Section 316.1932, Florida Statutes, is amended
  661  to read:
  662         316.1932 Tests for alcohol, chemical substances, or
  663  controlled substances; implied consent; refusal.—
  664         (1)(a)1.a. A Any person who accepts the privilege extended
  665  by the laws of this state of operating a motor vehicle within
  666  this state is, by so operating such vehicle, deemed to have
  667  given his or her consent to submit to an approved chemical test
  668  or physical breath test, including, but not limited to, an
  669  infrared light test of his or her breath for the purpose of
  670  determining the alcoholic content of the his or her blood or
  671  breath if the person is lawfully arrested for an any offense
  672  allegedly committed while the person was driving or was in
  673  actual physical control of a motor vehicle while impaired by an
  674  under the influence of alcoholic beverage beverages. The
  675  chemical or physical breath test must be incidental to a lawful
  676  arrest and administered at the request of a law enforcement
  677  officer who has reasonable cause to believe that the such person
  678  was driving or was in actual physical control of the motor
  679  vehicle within this state while impaired by an under the
  680  influence of alcoholic beverage beverages. The administration of
  681  the a breath test does not preclude the administration of
  682  another type of test. The person shall be told that his or her
  683  failure to submit to a any lawful breath test of his or her
  684  breath will result in the suspension of his or her the person’s
  685  privilege to operate a motor vehicle for a period of 1 year for
  686  a first refusal, or for a period of 18 months if the driving
  687  privilege of such person has been previously suspended as a
  688  result of a refusal to submit to a lawful breath, blood, or
  689  urine test. The person such a test or tests, and shall also be
  690  told that if he or she refuses to submit to a lawful breath test
  691  of his or her breath and if his or her driving privilege has
  692  been previously suspended as a result of for a prior refusal to
  693  submit to a lawful breath, blood, or urine test of his or her
  694  breath, urine, or blood, he or she commits a misdemeanor in
  695  addition to any other penalty penalties. The refusal to submit
  696  to a chemical or physical breath test upon the request of a law
  697  enforcement officer as provided in this section is admissible
  698  into evidence in any criminal proceeding.
  699         b. A Any person who accepts the privilege extended by the
  700  laws of this state of operating a motor vehicle within this
  701  state is, by so operating such vehicle, deemed to have given his
  702  or her consent to submit to a urine test for the purpose of
  703  detecting the presence of a chemical substance substances as set
  704  forth in s. 877.111 or a controlled substance substances if the
  705  person is lawfully arrested for an any offense allegedly
  706  committed while the person was driving or was in actual physical
  707  control of a motor vehicle while impaired by a under the
  708  influence of chemical substances or controlled substance
  709  substances. The urine test must be incidental to a lawful arrest
  710  and administered at a detention facility or any other facility,
  711  mobile or otherwise, which is equipped to administer such test
  712  tests at the request of a law enforcement officer who has
  713  reasonable cause to believe that the such person was driving or
  714  was in actual physical control of a motor vehicle within this
  715  state while impaired by a under the influence of chemical
  716  substances or controlled substance substances. The urine test
  717  shall be administered at a detention facility or any other
  718  facility, mobile or otherwise, which is equipped to administer
  719  such test in a reasonable manner that will ensure the accuracy
  720  of the specimen and maintain the privacy of the person
  721  individual involved. The administration of the a urine test does
  722  not preclude the administration of another type of test. The
  723  person shall be told that his or her failure to submit to a any
  724  lawful urine test of his or her urine will result in the
  725  suspension of his or her the person’s privilege to operate a
  726  motor vehicle for a period of 1 year for the first refusal, or
  727  for a period of 18 months if the driving privilege of such
  728  person has been previously suspended as a result of a refusal to
  729  submit to a lawful breath, blood, or urine test. The person such
  730  a test or tests, and shall also be told that if he or she
  731  refuses to submit to a lawful urine test of his or her urine and
  732  if his or her driving privilege has been previously suspended as
  733  a result of for a prior refusal to submit to a lawful breath,
  734  blood, or urine test of his or her breath, urine, or blood, he
  735  or she commits a misdemeanor in addition to any other penalty
  736  penalties. The refusal to submit to a urine test upon the
  737  request of a law enforcement officer as provided in this section
  738  is admissible into evidence in any criminal proceeding.
  739         2. The Alcohol Testing Program within the Department of Law
  740  Enforcement is responsible for the regulation of the operation,
  741  inspection, and registration of breath test instruments that are
  742  used utilized under the provisions of driving and boating while
  743  impaired under the influence provisions and under related
  744  provisions located in this chapter and chapters 322 and 327. The
  745  program is responsible for the regulation of the individuals who
  746  operate, inspect, and instruct on the breath test instruments
  747  that are used under the provisions of utilized in the driving
  748  and boating while impaired under the influence provisions and
  749  under related provisions located in this chapter and chapters
  750  322 and 327. The program is further responsible for the
  751  regulation of blood analysts who conduct blood testing that is
  752  used to be utilized under the provisions of driving and boating
  753  under the influence provisions and under related provisions
  754  located in this chapter and chapters 322 and 327. The program
  755  shall:
  756         a. Establish uniform criteria for the issuance of permits
  757  to breath test operators, agency inspectors, instructors, blood
  758  analysts, and instruments.
  759         b. Have the authority to issue permits to permit breath
  760  test operators, agency inspectors, instructors, blood analysts,
  761  and instruments.
  762         c. Have the authority to discipline and suspend, revoke, or
  763  renew the permits of breath test operators, agency inspectors,
  764  instructors, blood analysts, and instruments.
  765         d. Establish uniform requirements for instruction and
  766  curricula for the operation and inspection of approved
  767  instruments.
  768         e. Have the authority to specify one approved curriculum
  769  for the operation and inspection of approved instruments.
  770         f. Establish a procedure for the approval of breath test
  771  operator and agency inspector classes.
  772         g. Have the authority to approve or disapprove breath test
  773  instruments and accompanying paraphernalia for use pursuant to
  774  the provisions of driving and boating while impaired under the
  775  influence provisions and related provisions located in this
  776  chapter and chapters 322 and 327.
  777         h. With the approval of the executive director of the
  778  Department of Law Enforcement, make and enter into contracts and
  779  agreements with other agencies, organizations, associations,
  780  corporations, individuals, or federal agencies as are necessary,
  781  expedient, or incidental to the performance of duties.
  782         i. Issue final orders that which include findings of fact
  783  and conclusions of law and that which constitute final agency
  784  action for the purpose of chapter 120.
  785         j. Enforce compliance with the provisions of this section
  786  through civil or administrative proceedings.
  787         k. Make recommendations concerning any matter within the
  788  purview of this section, this chapter, chapter 322, or chapter
  789  327.
  790         l. Promulgate rules for the administration and
  791  implementation of this section, including definitions of terms.
  792         m. Consult and cooperate with other entities for the
  793  purpose of implementing the mandates of this section.
  794         n. Have the authority to approve the type of blood test to
  795  be used under the provisions of utilized under the driving and
  796  boating while impaired under the influence provisions and under
  797  related provisions located in this chapter and chapters 322 and
  798  327.
  799         o. Have the authority to specify techniques and methods for
  800  breath alcohol testing and blood testing to be used under the
  801  provisions of utilized under the driving and boating while
  802  impaired under the influence provisions and under related
  803  provisions located in this chapter and chapters 322 and 327.
  804         p. Have the authority to approve repair facilities for the
  805  approved breath test instruments, including the authority to set
  806  criteria for approval.
  807  
  808  Nothing in This section does not shall be construed to supersede
  809  provisions in this chapter and chapters 322 and 327. The
  810  specifications in this section are derived from the power and
  811  authority previously and currently possessed by the Department
  812  of Law Enforcement and are enumerated to conform with the
  813  mandates of chapter 99-379, Laws of Florida.
  814         (b)1. The blood-alcohol level must be based upon grams of
  815  alcohol per 100 milliliters of blood. The breath-alcohol level
  816  must be based upon grams of alcohol per 210 liters of breath.
  817         2. An analysis of a person’s breath, in order to be
  818  considered valid under this section, must have been performed
  819  substantially according to methods approved by the Department of
  820  Law Enforcement. For this purpose, the department may approve
  821  satisfactory techniques or methods. Any insubstantial difference
  822  differences between approved techniques and actual testing
  823  procedures in any individual case does do not render the test or
  824  test results invalid.
  825         (c) A Any person who accepts the privilege extended by the
  826  laws of this state of operating a motor vehicle within this
  827  state is, by operating such vehicle, deemed to have given his or
  828  her consent to submit to an approved blood test for the purpose
  829  of determining the alcoholic content of the blood or a blood
  830  test for the purpose of determining the presence of a chemical
  831  substances or controlled substance substances as provided in
  832  this section if there is reasonable cause to believe that the
  833  person was driving or was in actual physical control of a motor
  834  vehicle while impaired by an under the influence of alcoholic
  835  beverage beverages or a chemical or controlled substance
  836  substances and if the person appears for treatment at a
  837  hospital, clinic, or other medical facility and the
  838  administration of a breath or urine test is impractical or
  839  impossible. As used in this paragraph, the term “other medical
  840  facility” includes an ambulance or other medical emergency
  841  vehicle. The blood test shall be performed in a reasonable
  842  manner. A Any person who is incapable of refusal by reason of
  843  unconsciousness or other mental or physical condition is deemed
  844  not to have withdrawn his or her consent to such test. A blood
  845  test may be administered whether or not the person is told that
  846  his or her failure to submit to such a lawful blood test will
  847  result in the suspension of his or her the person’s privilege to
  848  operate a motor vehicle upon the public highways of this state
  849  and that a refusal to submit to a lawful blood test is a
  850  misdemeanor of his or her blood, if his or her driving privilege
  851  has been previously suspended as a result of a for refusal to
  852  submit to a lawful breath, blood, or urine test of his or her
  853  breath, urine, or blood, is a misdemeanor. A Any person who is
  854  capable of refusal shall be told that his or her failure to
  855  submit to such a lawful blood test will result in the suspension
  856  of his or her the person’s privilege to operate a motor vehicle
  857  for a period of 1 year for a first refusal, or for a period of
  858  18 months if the driving privilege of the person has been
  859  suspended previously as a result of a refusal to submit to a
  860  lawful breath, blood, or urine test, such a test or tests, and
  861  that a refusal to submit to a lawful blood test is a misdemeanor
  862  of his or her blood, if the his or her driving privilege has
  863  been previously suspended as a result of for a prior refusal to
  864  submit to a lawful breath, blood, or urine test of his or her
  865  breath, urine, or blood, is a misdemeanor. The refusal to submit
  866  to a blood test upon the request of a law enforcement officer is
  867  admissible in evidence in any criminal proceeding.
  868         (d) If the arresting officer does not request a chemical or
  869  physical breath test of the person arrested for an any offense
  870  allegedly committed while the person was driving or was in
  871  actual physical control of a motor vehicle while impaired by an
  872  under the influence of alcoholic beverage beverages or a
  873  chemical or controlled substance substances, the such person may
  874  request the arresting officer to have a chemical or physical
  875  breath test made of the arrested person person’s breath or a
  876  urine or blood test of the urine or blood for the purpose of
  877  determining the alcoholic content of his or her the person’s
  878  blood or breath or the presence of a chemical substances or
  879  controlled substance. substances; and, If so requested, the
  880  arresting officer shall have the test performed.
  881         (e)1. By applying for a driver’s license and by accepting
  882  and using a driver’s license, the person holding the driver’s
  883  license is deemed to have given expressed his or her consent to
  884  the provisions of this section.
  885         2. A nonresident or any other person driving in a status
  886  exempt from the requirements of the driver’s license law, by the
  887  his or her act of driving in such exempt status, is deemed to
  888  have given expressed his or her consent to the provisions of
  889  this section.
  890         3. A warning of the consent provision of this section shall
  891  be printed on each new or renewed driver’s license.
  892         (f)1. The tests determining the weight of alcohol in a
  893  person’s the defendant’s blood or breath shall be administered
  894  at the request of a law enforcement officer substantially in
  895  accordance with rules of the Department of Law Enforcement. Such
  896  rules must specify precisely the test or tests that are approved
  897  by the Department of Law Enforcement for reliability of result
  898  and ease of administration, and must provide an approved method
  899  of administration which must be followed in all such tests given
  900  under this section. However, the failure of a law enforcement
  901  officer to request the withdrawal of blood does not affect the
  902  admissibility of a test of blood withdrawn for medical purposes.
  903         2.a. Only a physician, certified paramedic, registered
  904  nurse, licensed practical nurse, other personnel authorized by a
  905  hospital to draw blood, or duly licensed clinical laboratory
  906  director, supervisor, technologist, or technician, acting at the
  907  request of a law enforcement officer, may withdraw blood for the
  908  purpose of determining its alcoholic content or the presence of
  909  a chemical substances or controlled substance substances
  910  therein. However, the failure of a law enforcement officer to
  911  request the withdrawal of blood does not affect the
  912  admissibility of a test of blood withdrawn for medical purposes.
  913         b. Notwithstanding any provision of law pertaining to the
  914  confidentiality of hospital records or other medical records, if
  915  a health care provider, who is providing medical care in a
  916  health care facility to a person injured in a motor vehicle
  917  crash, becomes aware, as a result of a any blood test performed
  918  in the course of that medical treatment, that the person’s
  919  blood-alcohol level meets or exceeds the blood-alcohol level
  920  specified in s. 316.193(1)(b), the health care provider may
  921  notify a any law enforcement officer or law enforcement agency.
  922  Any such notice must be given within a reasonable time after the
  923  health care provider receives the test result. Any such notice
  924  shall be used only for the purpose of providing the law
  925  enforcement officer with reasonable cause to request the
  926  withdrawal of a blood sample pursuant to this section.
  927         c. The notice shall consist only of the name of the person
  928  being treated, the name of the person who drew the blood, the
  929  blood-alcohol level indicated by the test, and the date and time
  930  of the administration of the test.
  931         d. Section Nothing contained in s. 395.3025(4), s. 456.057,
  932  or any applicable practice act does not affect affects the
  933  authority to provide notice under this section, and the health
  934  care provider is not considered to have breached any duty owed
  935  to the person under s. 395.3025(4), s. 456.057, or any
  936  applicable practice act by providing notice or failing to
  937  provide notice. It is not deemed shall not be a breach of any
  938  ethical, moral, or legal duty for a health care provider to
  939  provide notice or fail to provide notice.
  940         e. A civil, criminal, or administrative action may not be
  941  brought against a any person or health care provider
  942  participating in good faith in the provision of notice or
  943  failing failure to provide notice as provided in this section. A
  944  Any person or health care provider participating in the
  945  provision of notice or failing failure to provide notice as
  946  provided in this section is shall be immune from any civil or
  947  criminal liability and from any professional disciplinary action
  948  with respect to the provision of notice or failure to provide
  949  notice under this section. Any such participant has the same
  950  immunity with respect to participating in any judicial
  951  proceedings resulting from the notice or failure to provide
  952  notice.
  953         3. The person tested may, at his or her own expense, have a
  954  physician, registered nurse, other personnel authorized by a
  955  hospital to draw blood, or duly licensed clinical laboratory
  956  director, supervisor, technologist, or technician, or other
  957  person of his or her own choosing administer an independent test
  958  in addition to the test administered at the direction of the law
  959  enforcement officer for the purpose of determining the amount of
  960  alcohol in the person’s blood or breath or the presence of a
  961  chemical substances or controlled substance substances at the
  962  time alleged, as shown by chemical analysis of his or her blood
  963  or urine, or by chemical or physical test of his or her breath.
  964  The failure or inability to obtain an independent test by a
  965  person does not preclude the admissibility in evidence of the
  966  test taken at the direction of the law enforcement officer. The
  967  law enforcement officer may shall not interfere with the
  968  person’s opportunity to obtain the independent test and shall
  969  provide the person with timely telephone access to secure the
  970  test, but the burden is on the person to arrange and secure the
  971  test at his or her the person’s own expense.
  972         4. Upon the request of the person tested, full information
  973  concerning the results of the test taken at the direction of the
  974  law enforcement officer shall be made available to the person or
  975  his or her attorney. Full information is limited to the
  976  following:
  977         a. The type of test administered and the procedures
  978  followed.
  979         b. The time of the collection of the blood or breath sample
  980  analyzed.
  981         c. The numerical results of the test indicating the alcohol
  982  content of the blood and breath.
  983         d. The type and status of any permit issued by the
  984  Department of Law Enforcement which was held by the person who
  985  performed the test.
  986         e. If the test was administered by means of a breath
  987  testing instrument, the date of performance of the most recent
  988  required inspection of the such instrument.
  989  
  990  Full information does not include manuals, schematics, or
  991  software of the instrument used to test the person or any other
  992  material that is not in the actual possession of the state.
  993  Additionally, full information does not include information in
  994  the possession of the manufacturer of the test instrument.
  995         5. A hospital, clinical laboratory, medical clinic, or
  996  similar medical institution or physician, certified paramedic,
  997  registered nurse, licensed practical nurse, other personnel
  998  authorized by a hospital to draw blood, or duly licensed
  999  clinical laboratory director, supervisor, technologist, or
 1000  technician, or other person assisting a law enforcement officer
 1001  does not incur any civil or criminal liability as a result of
 1002  the withdrawal or analysis of a blood or urine specimen, or the
 1003  chemical or physical test of a person’s breath pursuant to
 1004  accepted medical standards when requested by a law enforcement
 1005  officer, regardless of whether or not the subject resisted the
 1006  administration of the test.
 1007         (2) The results of a any test administered pursuant to this
 1008  section for the purpose of detecting the presence of a any
 1009  controlled substance are shall not be admissible as evidence in
 1010  a criminal prosecution for the possession of a controlled
 1011  substance.
 1012         (3) Notwithstanding any provision of law pertaining to the
 1013  confidentiality of hospital records or other medical records,
 1014  information relating to the alcoholic content of the blood or
 1015  breath or the presence of a chemical substances or controlled
 1016  substance substances in the blood obtained pursuant to this
 1017  section shall be released to a court, prosecuting attorney,
 1018  defense attorney, or law enforcement officer in connection with
 1019  an alleged violation of s. 316.193 upon request for such
 1020  information.
 1021         Section 8. Paragraph (a) of subsection (1) of section
 1022  316.1933, Florida Statutes, is amended to read:
 1023         316.1933 Blood test for impairment or intoxication in cases
 1024  of death or serious bodily injury; right to use reasonable
 1025  force.—
 1026         (1)(a) If a law enforcement officer has probable cause to
 1027  believe that a motor vehicle driven by or in the actual physical
 1028  control of a person who is impaired by an under the influence of
 1029  alcoholic beverage beverages, a any chemical substance
 1030  substances, or a any controlled substance substances has caused
 1031  the death or serious bodily injury of a human being, the a law
 1032  enforcement officer shall require the person driving or in
 1033  actual physical control of the motor vehicle to submit to a
 1034  blood test of the person’s blood for the purpose of determining
 1035  the alcoholic content thereof or the presence of a chemical
 1036  substance substances as set forth in s. 877.111 or a any
 1037  substance controlled under chapter 893. The law enforcement
 1038  officer may use reasonable force if necessary to require such
 1039  person to submit to the administration of the blood test. The
 1040  blood test shall be performed in a reasonable manner.
 1041  Notwithstanding s. 316.1932, the testing required by this
 1042  paragraph need not be incidental to a lawful arrest of the
 1043  person.
 1044         Section 9. Subsections (1) and (2) of section 316.1934,
 1045  Florida Statutes, are amended to read:
 1046         316.1934 Presumption of impairment; testing methods.—
 1047         (1) It is unlawful and punishable as provided in chapter
 1048  322 and in s. 316.193 for a any person who is impaired by or
 1049  under the influence of an alcoholic beverage beverages or a
 1050  controlled substance substances, when affected to the extent
 1051  that the person is person’s normal faculties are impaired or to
 1052  the extent that the person is deprived of his or her abilities
 1053  full possession of normal faculties, to drive or be in actual
 1054  physical control of a any motor vehicle within this state. Such
 1055  abilities normal faculties include, but are not limited to, the
 1056  ability to see, hear, walk, talk, judge distances, drive an
 1057  automobile, make judgments, act in emergencies, and, in general,
 1058  normally perform the many mental and physical acts of daily
 1059  life.
 1060         (2) At the trial of any civil or criminal action or
 1061  proceeding arising out of an act acts alleged to have been
 1062  committed by a any person while driving, or being in actual
 1063  physical control of, a vehicle while impaired by or under the
 1064  influence of an alcoholic beverage beverages or a controlled
 1065  substance substances, when affected to the extent that the
 1066  person’s abilities normal faculties were impaired or to the
 1067  extent that he or she was deprived of full possession of his or
 1068  her abilities normal faculties, the results of any test
 1069  administered in accordance with s. 316.1932 or s. 316.1933 and
 1070  this section are admissible into evidence when otherwise
 1071  admissible, and the amount of alcohol in the person’s blood or
 1072  breath at the time alleged, as shown by chemical analysis of the
 1073  person’s blood, or by chemical or physical test of the person’s
 1074  breath, gives rise to the following presumptions:
 1075         (a) If the there was at that time a blood-alcohol level or
 1076  breath-alcohol level was of 0.05 or less, it is presumed that
 1077  the person was not impaired by under the influence of an
 1078  alcoholic beverage beverages to the extent that his or her
 1079  abilities normal faculties were impaired.
 1080         (b) If the there was at that time a blood-alcohol level or
 1081  breath-alcohol level was in excess of 0.05 but less than 0.08,
 1082  that fact does not give rise to any presumption that the person
 1083  was or was not impaired by under the influence of an alcoholic
 1084  beverage beverages to the extent that his or her abilities
 1085  normal faculties were impaired but may be considered with other
 1086  competent evidence in determining whether the person was
 1087  impaired by an under the influence of alcoholic beverage
 1088  beverages to the extent that his or her abilities normal
 1089  faculties were impaired.
 1090         (c) If the there was at that time a blood-alcohol level or
 1091  breath-alcohol level was of 0.08 or higher, that fact is prima
 1092  facie evidence that the person was impaired by an under the
 1093  influence of alcoholic beverage beverages to the extent that his
 1094  or her abilities normal faculties were impaired. Moreover, a
 1095  such person who has a blood-alcohol level or breath-alcohol
 1096  level of 0.08 or higher commits the offense is guilty of
 1097  driving, or being in actual physical control of, a motor
 1098  vehicle, with an unlawful blood-alcohol level or breath-alcohol
 1099  level.
 1100  
 1101  The presumptions provided in this subsection do not limit the
 1102  introduction of any other competent evidence bearing upon the
 1103  question of whether the person was impaired by an under the
 1104  influence of alcoholic beverage beverages to the extent that his
 1105  or her abilities normal faculties were impaired.
 1106         Section 10. Subsection (1) of section 316.1937, Florida
 1107  Statutes, is amended to read:
 1108         316.1937 Ignition interlock devices, requiring; unlawful
 1109  acts.—
 1110         (1) In addition to any other authorized penalty penalties,
 1111  the court may require that a any person who is convicted of
 1112  driving while impaired under the influence in violation of s.
 1113  316.193 may shall not operate a motor vehicle unless the that
 1114  vehicle is equipped with a functioning ignition interlock device
 1115  certified by the department as provided in s. 316.1938, and
 1116  installed in such a manner that the vehicle will not start if
 1117  the operator’s blood-alcohol blood alcohol level is in excess of
 1118  0.05 percent or as otherwise specified by the court. The court
 1119  may require the use of an approved ignition interlock device for
 1120  a period of at least not less than 6 continuous months, if the
 1121  person is permitted to operate a motor vehicle, whether or not
 1122  the privilege to operate a motor vehicle is restricted, as
 1123  determined by the court. The court, however, shall order
 1124  placement of an ignition interlock device in those circumstances
 1125  required by s. 316.193.
 1126         Section 11. Subsection (1) of section 316.1939, Florida
 1127  Statutes, is amended to read:
 1128         316.1939 Refusal to submit to testing; penalties.—
 1129         (1) A Any person who has refused to submit to a chemical or
 1130  physical test of his or her breath, blood, or urine, as
 1131  described in s. 316.1932, and whose driving privilege was
 1132  previously suspended for a prior refusal to submit to a lawful
 1133  breath, blood, or urine test of his or her breath, urine, or
 1134  blood, and:
 1135         (a) Who the arresting law enforcement officer had probable
 1136  cause to believe was driving or was in actual physical control
 1137  of a motor vehicle in this state while impaired by an under the
 1138  influence of alcoholic beverage beverages, chemical substance
 1139  substances, or controlled substance substances;
 1140         (b) Who was placed under lawful arrest for a violation of
 1141  s. 316.193 unless such test was requested pursuant to s.
 1142  316.1932(1)(c);
 1143         (c) Who was informed that, if he or she refused to submit
 1144  to such test, his or her privilege to operate a motor vehicle
 1145  would be suspended for a period of 1 year or, in the case of a
 1146  second or subsequent refusal, for a period of 18 months;
 1147         (d) Who was informed that a refusal to submit to a lawful
 1148  breath, blood, or urine test of his or her breath, urine, or
 1149  blood, if his or her driving privilege has been previously
 1150  suspended for a prior refusal to submit to a lawful breath,
 1151  blood, or urine test of his or her breath, urine, or blood, is a
 1152  misdemeanor; and
 1153         (e) Who, after having been so informed, refused to submit
 1154  to any such test when requested to do so by a law enforcement
 1155  officer or correctional officer
 1156  
 1157  commits a misdemeanor of the first degree and is subject to
 1158  punishment as provided in s. 775.082 or s. 775.083.
 1159         Section 12. Subsection (5) of section 318.143, Florida
 1160  Statutes, is amended to read:
 1161         318.143 Sanctions for infractions by minors.—
 1162         (5) A minor who is arrested for a violation of s. 316.193
 1163  may be released from custody as soon as:
 1164         (a) The minor is no longer impaired by an under the
 1165  influence of alcoholic beverage beverages, a of any chemical
 1166  substance set forth in s. 877.111, or a of any substance
 1167  controlled under chapter 893, and is not affected to the extent
 1168  that his or her abilities normal faculties are impaired;
 1169         (b) The minor’s blood-alcohol level is less than 0.05
 1170  percent; or
 1171         (c) Six hours have elapsed after the minor’s arrest.
 1172         Section 13. Section 318.17, Florida Statutes, is amended to
 1173  read:
 1174         318.17 Offenses excepted.—The provisions No provision of
 1175  this chapter are not is available to a person who is charged
 1176  with any of the following offenses:
 1177         (1) Fleeing or attempting to elude a police officer, in
 1178  violation of s. 316.1935;
 1179         (2) Leaving the scene of a crash, in violation of ss.
 1180  316.027 and 316.061;
 1181         (3) Driving, or being in actual physical control of, a any
 1182  vehicle while impaired by an under the influence of alcoholic
 1183  beverage beverages, a any chemical substance set forth in s.
 1184  877.111, or a any substance controlled under chapter 893, in
 1185  violation of s. 316.193, or driving with an unlawful blood
 1186  alcohol level;
 1187         (4) Reckless driving, in violation of s. 316.192;
 1188         (5) Making a false crash report reports, in violation of s.
 1189  316.067;
 1190         (6) Willfully failing or refusing to comply with a any
 1191  lawful order or direction of a any police officer or member of
 1192  the fire department, in violation of s. 316.072(3);
 1193         (7) Obstructing an officer, in violation of s. 316.545(1);
 1194  or
 1195         (8) Any other offense in chapter 316 which is classified as
 1196  a criminal violation.
 1197         Section 14. Paragraph (c) of subsection (1) of section
 1198  320.055, Florida Statutes, is amended to read:
 1199         320.055 Registration periods; renewal periods.—The
 1200  following registration periods and renewal periods are
 1201  established:
 1202         (1)
 1203         (c) Notwithstanding the requirements of paragraph (a), the
 1204  owner of a motor vehicle subject to paragraph (a) who has had
 1205  his or her driver’s license suspended pursuant to a violation of
 1206  s. 316.193 or pursuant to s. 322.26(2) for driving while
 1207  impaired under the influence must obtain a 6-month registration
 1208  as a condition of reinstating the license, subject to renewal
 1209  during the 3-year period that financial responsibility
 1210  requirements apply. The registration period begins the first day
 1211  of the birth month of the owner and ends the last day of the
 1212  fifth month immediately following the owner’s birth month. For
 1213  such vehicles, the department shall issue a vehicle registration
 1214  certificate that is valid for 6 months and shall issue a
 1215  validation sticker that displays an expiration date of 6 months
 1216  after the date of issuance. The license tax required by s.
 1217  320.08 and all other applicable license taxes are shall be one
 1218  half of the amount otherwise required, except the service charge
 1219  required by s. 320.04 shall be paid in full for each 6-month
 1220  registration. A vehicle required to be registered under this
 1221  paragraph is not eligible for the extended registration period
 1222  under paragraph (b).
 1223         Section 15. Subsections (3) and (4) of section 322.12,
 1224  Florida Statutes, are amended to read:
 1225         322.12 Examination of applicants.—
 1226         (3) For an applicant for a Class E driver’s license, the
 1227  such examination must shall include a test of the applicant’s
 1228  eyesight given by the driver’s license examiner designated by
 1229  the department or by a licensed ophthalmologist, optometrist, or
 1230  physician and a test of the applicant’s hearing given by a
 1231  driver’s license examiner or a licensed physician. The
 1232  examination must shall also include a test of the applicant’s
 1233  ability to read and understand highway signs regulating,
 1234  warning, and directing traffic; his or her knowledge of the
 1235  traffic laws of this state, including laws regulating driving
 1236  while impaired by under the influence of alcohol or a controlled
 1237  substance substances, driving with an unlawful blood-alcohol
 1238  level, and driving while intoxicated; and his or her knowledge
 1239  of the effects of alcohol and controlled substances upon persons
 1240  and the dangers of driving a motor vehicle while impaired by
 1241  under the influence of alcohol or a controlled substance
 1242  substances and must shall include an actual demonstration of the
 1243  applicant’s ability to exercise ordinary and reasonable control
 1244  in the operation of a motor vehicle.
 1245         (4) The examination for an applicant for a commercial
 1246  driver’s license must shall include a test of the applicant’s
 1247  eyesight given by a driver’s license examiner designated by the
 1248  department or by a licensed ophthalmologist, optometrist, or
 1249  physician and a test of the applicant’s hearing given by a
 1250  driver’s license examiner or a licensed physician. The
 1251  examination must shall also include a test of the applicant’s
 1252  ability to read and understand highway signs regulating,
 1253  warning, and directing traffic; his or her knowledge of the
 1254  traffic laws of this state pertaining to the class of motor
 1255  vehicle which he or she is applying to be licensed to operate,
 1256  including laws regulating driving while impaired by under the
 1257  influence of alcohol or a controlled substance substances,
 1258  driving with an unlawful blood-alcohol level, and driving while
 1259  intoxicated; his or her knowledge of the effects of alcohol and
 1260  controlled substances and the dangers of driving a motor vehicle
 1261  after having consumed alcohol or a controlled substance
 1262  substances; and his or her knowledge of any special skills,
 1263  requirements, or precautions necessary for the safe operation of
 1264  the class of vehicle which he or she is applying to be licensed
 1265  to operate. In addition, the examination must shall include an
 1266  actual demonstration of the applicant’s ability to exercise
 1267  ordinary and reasonable control in the safe operation of a motor
 1268  vehicle or combination of vehicles of the type covered by the
 1269  license classification which the applicant is seeking, including
 1270  an examination of the applicant’s ability to perform an
 1271  inspection of his or her vehicle.
 1272         (a) The portion of the examination which tests an
 1273  applicant’s safe driving ability shall be administered by the
 1274  department or by an entity authorized by the department to
 1275  administer such examination, pursuant to s. 322.56. Such
 1276  examination shall be administered at a location approved by the
 1277  department.
 1278         (b) A person who seeks to retain a hazardous-materials
 1279  endorsement must, upon renewal, pass the test for such
 1280  endorsement as specified in s. 322.57(1)(d), if the person has
 1281  not taken and passed the hazardous-materials test within 2 years
 1282  preceding his or her application for a commercial driver’s
 1283  license in this state.
 1284         Section 16. Subsections (5) and (7) of section 322.25,
 1285  Florida Statutes, are amended to read:
 1286         322.25 When court to forward license to department and
 1287  report convictions; temporary reinstatement of driving
 1288  privileges.—
 1289         (5) For the purpose of this chapter, the entrance of a plea
 1290  of nolo contendere by the defendant to a charge of driving while
 1291  intoxicated, driving while impaired under the influence, driving
 1292  with an unlawful blood-alcohol level, or any other alcohol
 1293  related or drug-related traffic offense similar to the offenses
 1294  specified in s. 316.193, accepted by the court and under which
 1295  plea the court has entered a fine or sentence, whether in this
 1296  state or any other state or country, shall be equivalent to a
 1297  conviction.
 1298         (7) Any licensed driver convicted of driving, or being in
 1299  the actual physical control of, a vehicle within this state
 1300  while impaired by an under the influence of alcoholic beverage
 1301  beverages, a any chemical substance set forth in s. 877.111, or
 1302  a any substance controlled under chapter 893, when affected to
 1303  the extent that his or her abilities normal faculties are
 1304  impaired, and whose license and driving privilege have been
 1305  revoked as provided in subsection (1) may be issued a court
 1306  order for reinstatement of a driving privilege on a temporary
 1307  basis if; provided that, as a part of the penalty, upon
 1308  conviction, the defendant is required to enroll in and complete
 1309  a driver improvement course for the rehabilitation of drinking
 1310  drivers and if the driver is otherwise eligible for
 1311  reinstatement of the driving privilege as provided by s.
 1312  322.282. The court order for reinstatement must shall be on a
 1313  form provided by the department and must be taken by the person
 1314  convicted to a Florida driver’s license examining office, where
 1315  a temporary driving permit may be issued. The period of time for
 1316  which a temporary permit that is issued in accordance with this
 1317  subsection is valid shall be deemed to be part of the period of
 1318  revocation imposed by the court.
 1319         Section 17. Subsection (2) of section 322.26, Florida
 1320  Statutes, is amended to read:
 1321         322.26 Mandatory revocation of license by department.—The
 1322  department shall forthwith revoke the license or driving
 1323  privilege of any person upon receiving a record of such person’s
 1324  conviction of any of the following offenses:
 1325         (2) Driving a motor vehicle or being in actual physical
 1326  control thereof, or entering a plea of nolo contendere, said
 1327  plea being accepted by the court and said court entering a fine
 1328  or sentence to a charge of driving, while impaired by an under
 1329  the influence of alcoholic beverage beverages or a substance
 1330  controlled under chapter 893, or being in actual physical
 1331  control of a motor vehicle while under the influence of an
 1332  alcoholic beverage beverages or a substance controlled under
 1333  chapter 893. If In any case where DUI manslaughter occurs and
 1334  the person has no prior conviction convictions for a DUI-related
 1335  offense offenses, the revocation of the license or driving
 1336  privilege is shall be permanent, except as provided for in s.
 1337  322.271(4).
 1338         Section 18. Subsections (2) and (7) of section 322.2615,
 1339  Florida Statutes, are amended to read:
 1340         322.2615 Suspension of license; right to review.—
 1341         (2) Except as provided in paragraph (1)(a), the law
 1342  enforcement officer shall forward to the department, within 5
 1343  days after issuing the notice of suspension, the driver’s
 1344  license; an affidavit stating the officer’s grounds for belief
 1345  that the person was driving or was in actual physical control of
 1346  a motor vehicle while impaired by an under the influence of
 1347  alcoholic beverage beverages or a chemical or controlled
 1348  substance substances; the results of any breath or blood test or
 1349  an affidavit stating that a breath, blood, or urine test was
 1350  requested by a law enforcement officer or correctional officer
 1351  and that the person refused to submit; the officer’s description
 1352  of the person’s field sobriety test, if any; and the notice of
 1353  suspension. The failure of the officer to submit materials
 1354  within the 5-day period specified in this subsection and in
 1355  subsection (1) does not affect the department’s ability to
 1356  consider any evidence submitted at or before prior to the
 1357  hearing. The officer may also submit a copy of the crash report
 1358  and a copy of a videotape of the field sobriety test or the
 1359  attempt to administer such test. Materials submitted to the
 1360  department by a law enforcement agency or correctional agency
 1361  shall be considered self-authenticating and shall be in the
 1362  record for consideration by the hearing officer. Notwithstanding
 1363  s. 316.066(5), the crash report shall be considered by the
 1364  hearing officer.
 1365         (7) In a formal review hearing under subsection (6) or an
 1366  informal review hearing under subsection (4), the hearing
 1367  officer shall determine by a preponderance of the evidence
 1368  whether sufficient cause exists to sustain, amend, or invalidate
 1369  the suspension. The scope of the review is shall be limited to
 1370  the following issues:
 1371         (a) If the license was suspended for driving with an
 1372  unlawful blood-alcohol level or breath-alcohol level of 0.08 or
 1373  higher:
 1374         1. Whether the law enforcement officer had probable cause
 1375  to believe that the person whose license was suspended was
 1376  driving or was in actual physical control of a motor vehicle in
 1377  this state while impaired by an under the influence of alcoholic
 1378  beverage beverages or a chemical or controlled substance
 1379  substances.
 1380         2. Whether the person whose license was suspended had an
 1381  unlawful blood-alcohol level or breath-alcohol level of 0.08 or
 1382  higher as provided in s. 316.193.
 1383         (b) If the license was suspended for refusal to submit to a
 1384  breath, blood, or urine test:
 1385         1. Whether the law enforcement officer had probable cause
 1386  to believe that the person whose license was suspended was
 1387  driving or was in actual physical control of a motor vehicle in
 1388  this state while impaired by an under the influence of alcoholic
 1389  beverage beverages or a chemical or controlled substance
 1390  substances.
 1391         2. Whether the person whose license was suspended refused
 1392  to submit to any such test after being requested to do so by a
 1393  law enforcement officer or correctional officer.
 1394         3. Whether the person whose license was suspended was told
 1395  that if he or she refused to submit to such test, his or her
 1396  privilege to operate a motor vehicle would be suspended for a
 1397  period of 1 year or, in the case of a second or subsequent
 1398  refusal, for a period of 18 months.
 1399         Section 19. Paragraph (b) of subsection (1) of section
 1400  322.2616, Florida Statutes, is amended to read:
 1401         322.2616 Suspension of license; persons under 21 years of
 1402  age; right to review.—
 1403         (1)
 1404         (b) A law enforcement officer who has probable cause to
 1405  believe that a motor vehicle is being driven by or is in the
 1406  actual physical control of a person who is under the age of 21
 1407  and who is impaired by an while under the influence of alcoholic
 1408  beverage beverages or who has any blood-alcohol or breath
 1409  alcohol level may lawfully detain such a person and may request
 1410  that the person to submit to a test to determine his or her
 1411  blood-alcohol or breath-alcohol level.
 1412         Section 20. Paragraph (d) of subsection (2) of section
 1413  322.271, Florida Statutes, is amended to read:
 1414         322.271 Authority to modify revocation, cancellation, or
 1415  suspension order.—
 1416         (2) At such hearing, the person whose license has been
 1417  suspended, canceled, or revoked may show that such suspension,
 1418  cancellation, or revocation causes a serious hardship and
 1419  precludes the person from carrying out his or her normal
 1420  business occupation, trade, or employment and that the use of
 1421  the person’s license in the normal course of his or her business
 1422  is necessary to the proper support of the person or his or her
 1423  family.
 1424         (d) For the purpose of this section, a previous conviction
 1425  of driving while impaired, driving under the influence, driving
 1426  while intoxicated, driving with an unlawful blood-alcohol level,
 1427  or any other similar alcohol-related or drug-related offense
 1428  outside this state or a previous conviction of former s.
 1429  316.1931, former s. 316.028, or former s. 860.01 is considered a
 1430  previous conviction for violation of s. 316.193.
 1431         Section 21. Section 322.2715, Florida Statutes, is amended
 1432  to read:
 1433         322.2715 Ignition interlock device.—
 1434         (1) Before issuing a permanent or restricted driver’s
 1435  license under this chapter, the department shall require the
 1436  placement of a department-approved ignition interlock device for
 1437  any person convicted of committing an offense of driving while
 1438  impaired under the influence as specified in subsection (3),
 1439  except that consideration may be given to those individuals
 1440  having a documented medical condition that would prohibit the
 1441  device from functioning normally. An interlock device shall be
 1442  placed on all vehicles that are individually or jointly leased
 1443  or owned and routinely operated by the convicted person.
 1444         (2) For purposes of this section, any conviction for a
 1445  violation of s. 316.193, a previous conviction for a violation
 1446  of former s. 316.1931, or a conviction outside this state for
 1447  driving while impaired, driving under the influence, driving
 1448  while intoxicated, driving with an unlawful blood-alcohol level,
 1449  or any other similar alcohol-related or drug-related traffic
 1450  offense is a conviction of driving while impaired under the
 1451  influence.
 1452         (3) If the person is convicted of:
 1453         (a) A first offense of driving while impaired under the
 1454  influence under s. 316.193 and has an unlawful blood-alcohol
 1455  level or breath-alcohol level as specified in s. 316.193(4), or
 1456  if a person is convicted of a violation of s. 316.193 and was at
 1457  the time of the offense accompanied in the vehicle by a person
 1458  younger than 18 years of age, the person shall have the ignition
 1459  interlock device installed for at least not less than 6
 1460  continuous months for the first offense and for at least not
 1461  less than 2 continuous years for a second offense.
 1462         (b) A second offense of driving while impaired under the
 1463  influence, the ignition interlock device shall be installed for
 1464  at least a period of not less than 1 continuous year.
 1465         (c) A third offense of driving while impaired under the
 1466  influence which occurs within 10 years after a prior conviction
 1467  for a violation of s. 316.193, the ignition interlock device
 1468  shall be installed for at least a period of not less than 2
 1469  continuous years.
 1470         (d) A third offense of driving while impaired under the
 1471  influence which occurs more than 10 years after the date of a
 1472  prior conviction, the ignition interlock device shall be
 1473  installed for at least a period of not less than 2 continuous
 1474  years.
 1475         (e) A fourth or subsequent offense of driving while
 1476  impaired under the influence, the ignition interlock device
 1477  shall be installed for at least a period of not less than 5
 1478  years.
 1479         (4) If the court fails to order the mandatory placement of
 1480  the ignition interlock device or fails to order for the
 1481  applicable period the mandatory placement of an ignition
 1482  interlock device under s. 316.193 or s. 316.1937 at the time of
 1483  imposing sentence or within 30 days thereafter, the department
 1484  shall immediately require that the ignition interlock device be
 1485  installed as provided in this section, except that consideration
 1486  may be given to those individuals having a documented medical
 1487  condition that would prohibit the device from functioning
 1488  normally. This subsection applies to the reinstatement of the
 1489  driving privilege following a revocation, suspension, or
 1490  cancellation that is based upon a conviction for the offense of
 1491  driving while impaired under the influence which occurs on or
 1492  after July 1, 2005.
 1493         (5) In addition to any fee fees authorized by rule for the
 1494  installation and maintenance of the ignition interlock device,
 1495  the authorized installer of the device shall collect and remit
 1496  $12 for each installation to the department, which shall be
 1497  deposited into the Highway Safety Operating Trust Fund to be
 1498  used for the operation of the Ignition Interlock Device Program.
 1499         Section 22. Subsection (1) and paragraphs (a), (c), and (e)
 1500  of subsection (2) of section 322.28, Florida Statutes, are
 1501  amended to read:
 1502         322.28 Period of suspension or revocation.—
 1503         (1) Unless otherwise provided by this section, the
 1504  department may shall not suspend a license for a period of more
 1505  than 1 year and, upon revoking a license, in any case except in
 1506  a prosecution for the offense of driving a motor vehicle while
 1507  impaired by an under the influence of alcoholic beverage
 1508  beverages, a chemical substance substances as set forth in s.
 1509  877.111, or a controlled substance substances, may shall not in
 1510  any event grant a new license until the expiration of 1 year
 1511  after such revocation.
 1512         (2) In a prosecution for a violation of s. 316.193 or
 1513  former s. 316.1931, the following provisions apply:
 1514         (a) Upon conviction of the driver, the court, along with
 1515  imposing sentence, shall revoke the driver’s license or driving
 1516  privilege of the person so convicted, effective on the date of
 1517  conviction, and shall prescribe the period of such revocation in
 1518  accordance with the following provisions:
 1519         1. Upon a first conviction for a violation of the
 1520  provisions of s. 316.193, except a violation resulting in death,
 1521  the driver’s license or driving privilege shall be revoked for
 1522  not less than 180 days and not or more than 1 year.
 1523         2. Upon a second conviction for an offense that occurs
 1524  within a period of 5 years after the date of a prior conviction
 1525  for a violation of the provisions of s. 316.193 or former s.
 1526  316.1931 or a combination of these such sections, the driver’s
 1527  license or driving privilege shall be revoked for not less than
 1528  5 years.
 1529         3. Upon a third conviction for an offense that occurs
 1530  within a period of 10 years after the date of a prior conviction
 1531  for the violation of the provisions of s. 316.193 or former s.
 1532  316.1931 or a combination of these such sections, the driver’s
 1533  license or driving privilege shall be revoked for not less than
 1534  10 years.
 1535  
 1536  For the purposes of this paragraph, a previous conviction
 1537  outside this state for driving under the influence, driving
 1538  while impaired, driving while intoxicated, driving with an
 1539  unlawful blood-alcohol level, or any other alcohol-related or
 1540  drug-related traffic offense similar to the offense of driving
 1541  while impaired under the influence as proscribed by s. 316.193
 1542  will be considered a previous conviction for violation of s.
 1543  316.193, and a conviction for violation of former s. 316.028,
 1544  former s. 316.1931, or former s. 860.01 is considered a
 1545  conviction for violation of s. 316.193.
 1546         (c) The forfeiture of bail bond, not vacated within 20
 1547  days, in any prosecution for the offense of driving while
 1548  impaired by an under the influence of alcoholic beverage
 1549  beverages, a chemical substance substances, or a controlled
 1550  substance substances to the extent of depriving the defendant of
 1551  his or her abilities normal faculties shall be deemed equivalent
 1552  to a conviction for the purposes of this paragraph, and the
 1553  department shall forthwith revoke the defendant’s driver’s
 1554  license or driving privilege for the maximum period applicable
 1555  under paragraph (a) for a first conviction and for the minimum
 1556  period applicable under paragraph (a) for a second or subsequent
 1557  conviction; however, if the defendant is later convicted of the
 1558  charge, the period of revocation imposed by the department for
 1559  such conviction may shall not exceed the difference between the
 1560  applicable maximum for a first conviction or minimum for a
 1561  second or subsequent conviction and the revocation period under
 1562  this subsection that has actually elapsed.; Upon conviction of
 1563  such charge, the court may impose revocation for a period of
 1564  time as specified in paragraph (a). This paragraph does not
 1565  apply if an appropriate motion contesting the forfeiture is
 1566  filed within the 20-day period.
 1567         (e) The court shall permanently revoke the driver’s license
 1568  or driving privilege of a person who has been convicted four
 1569  times for violation of s. 316.193 or former s. 316.1931 or a
 1570  combination of these such sections. The court shall permanently
 1571  revoke the driver’s license or driving privilege of a any person
 1572  who has been convicted of DUI manslaughter in violation of s.
 1573  316.193. If the court has not permanently revoked the such
 1574  driver’s license or driving privilege within 30 days after
 1575  imposing sentence, the department shall permanently revoke the
 1576  driver’s license or driving privilege pursuant to this
 1577  paragraph. The person may not be issued or granted a No driver’s
 1578  license or driving privilege may be issued or granted to any
 1579  such person. This paragraph applies only if at least one of the
 1580  convictions for violation of s. 316.193 or former s. 316.1931
 1581  was for a violation that occurred after July 1, 1982. For the
 1582  purposes of this paragraph, a conviction for violation of former
 1583  s. 316.028, former s. 316.1931, or former s. 860.01 is also
 1584  considered a conviction for violation of s. 316.193. Also, A
 1585  conviction of driving under the influence, driving while
 1586  intoxicated, driving while impaired, driving with an unlawful
 1587  blood-alcohol level, or any other similar alcohol-related or
 1588  drug-related traffic offense outside this state is also
 1589  considered a conviction for the purposes of this paragraph.
 1590         Section 23. Section 322.291, Florida Statutes, is amended
 1591  to read:
 1592         322.291 Driver improvement schools or DUI programs;
 1593  required in certain suspension and revocation cases.—Except as
 1594  provided in s. 322.03(2), a any person:
 1595         (1) Whose driving privilege has been revoked:
 1596         (a) Upon conviction for:
 1597         1. Driving, or being in actual physical control of, a any
 1598  vehicle while impaired by an under the influence of alcoholic
 1599  beverage beverages, a any chemical substance set forth in s.
 1600  877.111, or a any substance controlled under chapter 893, in
 1601  violation of s. 316.193;
 1602         2. Driving with an unlawful blood- or breath-alcohol level;
 1603         3. Manslaughter resulting from the operation of a motor
 1604  vehicle;
 1605         4. Failure to stop and render aid as required under the
 1606  laws of this state in the event of a motor vehicle crash
 1607  resulting in the death or personal injury of another;
 1608         5. Reckless driving; or
 1609         (b) As a habitual offender;
 1610         (c) Upon direction of the court, if the court feels that
 1611  the seriousness of the offense and the circumstances surrounding
 1612  the conviction warrant the revocation of the licensee’s driving
 1613  privilege; or
 1614         (2) Whose license was suspended under the point system, was
 1615  suspended for driving with an unlawful blood-alcohol level of
 1616  0.10 percent or higher before January 1, 1994, was suspended for
 1617  driving with an unlawful blood-alcohol level of 0.08 percent or
 1618  higher after December 31, 1993, was suspended for a violation of
 1619  s. 316.193(1), or was suspended for refusing to submit to a
 1620  lawful breath, blood, or urine test as provided in s. 322.2615
 1621  
 1622  shall, before the driving privilege may be reinstated, present
 1623  to the department proof of enrollment in an advanced driver
 1624  improvement course that is approved by the department and a
 1625  department-approved advanced driver improvement course operating
 1626  pursuant to s. 318.1451 or a substance abuse education course
 1627  conducted by a DUI program licensed pursuant to s. 322.292,
 1628  which must shall include a psychosocial evaluation and
 1629  treatment, if referred. Additionally, for a third or subsequent
 1630  violation of requirements for installation of an ignition
 1631  interlock device, a person must complete treatment as determined
 1632  by a licensed treatment agency following a referral by a DUI
 1633  program and have the duration of the ignition interlock device
 1634  requirement extended by at least 1 month up to the time period
 1635  required to complete treatment. If the person fails to complete
 1636  such course or evaluation within 90 days after reinstatement, or
 1637  subsequently fails to complete treatment, if referred, the DUI
 1638  program shall notify the department of the failure. Upon receipt
 1639  of the notice, the department shall cancel the person’s
 1640  offender’s driving privilege, notwithstanding the expiration of
 1641  the suspension or revocation of the driving privilege. The
 1642  department may temporarily reinstate the driving privilege upon
 1643  verification from the DUI program that the person offender has
 1644  completed the education course and evaluation requirement and
 1645  has reentered and is currently participating in treatment. If
 1646  the DUI program notifies the department of the second failure to
 1647  complete treatment, the department shall reinstate the driving
 1648  privilege only after notice of completion of treatment from the
 1649  DUI program.
 1650         Section 24. Paragraph (a) of subsection (9) of section
 1651  322.34, Florida Statutes, is amended to read:
 1652         322.34 Driving while license suspended, revoked, canceled,
 1653  or disqualified.—
 1654         (9)(a) A motor vehicle that is driven by a person who is
 1655  impaired by under the influence of alcohol or drugs in violation
 1656  of s. 316.193 is subject to seizure and forfeiture under ss.
 1657  932.701-932.706 and is subject to liens for recovering, towing,
 1658  or storing vehicles under s. 713.78 if, at the time of the
 1659  offense, the person’s driver’s license is suspended, revoked, or
 1660  canceled as a result of a prior conviction for driving under the
 1661  influence or driving while impaired.
 1662         Section 25. Subsection (3) of section 322.61, Florida
 1663  Statutes, is amended to read:
 1664         322.61 Disqualification from operating a commercial motor
 1665  vehicle.—
 1666         (3)(a) Except as provided in subsection (4), any person who
 1667  is convicted of one of the offenses listed in paragraph (b)
 1668  while operating a commercial motor vehicle shall, in addition to
 1669  any other applicable penalties, be disqualified from operating a
 1670  commercial motor vehicle for a period of 1 year:
 1671         (b) Except as provided in subsection (4), any holder of a
 1672  commercial driver’s license who is convicted of one of the
 1673  offenses listed in this paragraph while operating a
 1674  noncommercial motor vehicle shall, in addition to any other
 1675  applicable penalties, be disqualified from operating a
 1676  commercial motor vehicle for a period of 1 year:
 1677         1. Driving a motor vehicle while he or she is impaired by
 1678  under the influence of alcohol or a controlled substance;
 1679         2. Driving a commercial motor vehicle while the alcohol
 1680  concentration of his or her blood, breath, or urine is .04
 1681  percent or higher;
 1682         3. Leaving the scene of a crash involving a motor vehicle
 1683  driven by such person;
 1684         4. Using a motor vehicle in the commission of a felony;
 1685         5. Driving a commercial motor vehicle while in possession
 1686  of a controlled substance;
 1687         6. Refusing to submit to a test to determine his or her
 1688  alcohol concentration while driving a motor vehicle;
 1689         7. Driving a commercial vehicle while the licenseholder’s
 1690  commercial driver’s license of the licenseholder is suspended,
 1691  revoked, or canceled or while the licenseholder is disqualified
 1692  from driving a commercial vehicle; or
 1693         8. Causing a fatality through the negligent operation of a
 1694  commercial motor vehicle.
 1695         Section 26. Section 322.62, Florida Statutes, is amended to
 1696  read:
 1697         322.62 Driving while impaired under the influence;
 1698  commercial motor vehicle operators.—
 1699         (1) A person who has any alcohol in his or her body may not
 1700  drive or be in actual physical control of a commercial motor
 1701  vehicle in this state. A Any person who violates this section
 1702  commits is guilty of a moving violation, punishable as provided
 1703  in s. 318.18.
 1704         (2)(a) In addition to the penalty provided in subsection
 1705  (1), a person who violates this section shall be immediately
 1706  placed out of service out-of-service immediately for a period of
 1707  24 hours.
 1708         (b) In addition to the penalty provided in subsection (1),
 1709  a person who violates this section and who has a blood-alcohol
 1710  level of 0.04 or more grams of alcohol per 100 milliliters of
 1711  blood, or a breath-alcohol level of 0.04 or more grams of
 1712  alcohol per 210 liters of breath is subject to the penalty
 1713  provided in s. 322.61.
 1714         (3) This section does not supersede s. 316.193. Nothing in
 1715  This section does not prohibit prohibits the prosecution of a
 1716  person who drives a commercial motor vehicle for driving while
 1717  impaired by under the influence of alcohol or a controlled
 1718  substance, substances whether or not the such person is also
 1719  prosecuted for a violation of this section.
 1720         Section 27. Subsection (3) of section 322.63, Florida
 1721  Statutes, is amended to read:
 1722         322.63 Alcohol or drug testing; commercial motor vehicle
 1723  operators.—
 1724         (3)(a) The breath and blood tests authorized in this
 1725  section shall be administered substantially in accordance with
 1726  rules adopted by the Department of Law Enforcement.
 1727         (b) The Alcohol Testing Program within the Department of
 1728  Law Enforcement is responsible for the regulation of the
 1729  operation, inspection, and registration of breath test
 1730  instruments that are used utilized under the provisions of
 1731  driving and boating while impaired under the influence
 1732  provisions and under related provisions located in this chapter
 1733  and chapters 316 and 327. The program is responsible for the
 1734  regulation of the individuals who operate, inspect, and instruct
 1735  on the breath test instruments that are used under utilized in
 1736  the provisions of driving and boating while impaired under the
 1737  influence provisions and under related provisions located in
 1738  this chapter and chapters 316 and 327. The program is further
 1739  responsible for the regulation of blood analysts who conduct
 1740  blood testing that is used to be utilized under the provisions
 1741  of driving and boating while impaired under the influence
 1742  provisions and under related provisions located in this chapter
 1743  and chapters 316 and 327. The program shall:
 1744         1. Establish uniform criteria for the issuance of permits
 1745  to breath test operators, agency inspectors, instructors, blood
 1746  analysts, and instruments.
 1747         2. Have the authority to issue permits to permit breath
 1748  test operators, agency inspectors, instructors, blood analysts,
 1749  and instruments.
 1750         3. Have the authority to discipline and suspend, revoke, or
 1751  renew the permits of breath test operators, agency inspectors,
 1752  instructors, blood analysts, and instruments.
 1753         4. Establish uniform requirements for instruction and
 1754  curricula for the operation and inspection of approved
 1755  instruments.
 1756         5. Have the authority to specify one approved curriculum
 1757  for the operation and inspection of approved instruments.
 1758         6. Establish a procedure for the approval of breath test
 1759  operator and agency inspector classes.
 1760         7. Have the authority to approve or disapprove breath test
 1761  instruments and accompanying paraphernalia for use pursuant to
 1762  the provisions of driving and boating while impaired under the
 1763  influence provisions and related provisions located in this
 1764  chapter and chapters 316 and 327.
 1765         8. With the approval of the executive director of the
 1766  Department of Law Enforcement, make and enter into contracts and
 1767  agreements with other agencies, organizations, associations,
 1768  corporations, individuals, or federal agencies as are necessary,
 1769  expedient, or incidental to the performance of duties.
 1770         9. Issue final orders that which include findings of fact
 1771  and conclusions of law and that which constitute final agency
 1772  action for the purpose of chapter 120.
 1773         10. Enforce compliance with the provisions of this section
 1774  through civil or administrative proceedings.
 1775         11. Make recommendations concerning any matter within the
 1776  purview of this section, this chapter, chapter 316, or chapter
 1777  327.
 1778         12. Promulgate rules for the administration and
 1779  implementation of this section, including definitions of terms.
 1780         13. Consult and cooperate with other entities for the
 1781  purpose of implementing the mandates of this section.
 1782         14. Have the authority to approve the type of blood test to
 1783  be used utilized under the provisions of driving and boating
 1784  while impaired under the influence provisions and under related
 1785  provisions located in this chapter and chapters 316 and 327.
 1786         15. Have the authority to specify techniques and methods
 1787  for breath alcohol testing and blood testing to be used utilized
 1788  under the provisions of driving and boating while impaired under
 1789  the influence provisions and under related provisions located in
 1790  this chapter and chapters 316 and 327.
 1791         16. Have the authority to approve repair facilities for the
 1792  approved breath test instruments, including the authority to set
 1793  criteria for approval.
 1794  
 1795  Nothing in This section does not shall be construed to supersede
 1796  provisions in this chapter and chapters 316 and 327. The
 1797  specifications in this section are derived from the power and
 1798  authority previously and currently possessed by the Department
 1799  of Law Enforcement and are enumerated to conform with the
 1800  mandates of chapter 99-379, Laws of Florida.
 1801         (c) Any insubstantial difference differences between
 1802  approved techniques and actual testing procedures in any
 1803  individual case does not render the test or tests results
 1804  invalid.
 1805         (d) Notwithstanding any other provision of this section,
 1806  the failure of a law enforcement officer to request the
 1807  withdrawal of blood does shall not affect the admissibility of a
 1808  test of blood withdrawn for medical purposes.
 1809         Section 28. Section 324.023, Florida Statutes, is amended
 1810  to read:
 1811         324.023 Financial responsibility for bodily injury or
 1812  death.—In addition to any other financial responsibility
 1813  required by law, every owner or operator of a motor vehicle that
 1814  is required to be registered in this state, or that is located
 1815  within this state, and who, regardless of adjudication of guilt,
 1816  has been found guilty of or entered a plea of guilty or nolo
 1817  contendere to a charge of driving while impaired or under the
 1818  influence under s. 316.193 after October 1, 2007, shall, by one
 1819  of the methods established in s. 324.031(1), (2), or (3),
 1820  establish and maintain the ability to respond in damages for
 1821  liability on account of accidents arising out of the use of a
 1822  motor vehicle in the amount of $100,000 because of bodily injury
 1823  to, or death of, one person in any one crash and, subject to
 1824  such limits for one person, in the amount of $300,000 because of
 1825  bodily injury to, or death of, two or more persons in any one
 1826  crash and in the amount of $50,000 because of property damage in
 1827  any one crash. If the owner or operator chooses to establish and
 1828  maintain such ability by posting a bond or furnishing a
 1829  certificate of deposit pursuant to s. 324.031(2) or (3), the
 1830  such bond or certificate of deposit must be in an amount of at
 1831  least not less than $350,000. Such higher limits must be carried
 1832  for a minimum period of 3 years. If the owner or operator has
 1833  not been convicted of driving while impaired under the influence
 1834  or of a felony traffic offense for a period of 3 years after
 1835  from the date of reinstatement of driving privileges for a
 1836  violation of s. 316.193, the owner or operator is shall be
 1837  exempt from this section.
 1838         Section 29. Subsection (1) of section 337.195, Florida
 1839  Statutes, is amended to read:
 1840         337.195 Limits on liability.—
 1841         (1) In a civil action for the death of or injury to a
 1842  person, or for damage to property, against the Department of
 1843  Transportation or its agents, consultants, or contractors for
 1844  work performed on a highway, road, street, bridge, or other
 1845  transportation facility when the death, injury, or damage
 1846  resulted from a motor vehicle crash within a construction zone
 1847  in which the driver of one of the vehicles was impaired by or
 1848  under the influence of an alcoholic beverage beverages as set
 1849  forth in s. 316.193, by a under the influence of any chemical
 1850  substance as set forth in s. 877.111, or by a illegally under
 1851  the influence of any substance controlled under chapter 893 to
 1852  the extent that her or his abilities normal faculties were
 1853  impaired or that she or he operated a vehicle recklessly as
 1854  defined in s. 316.192, it is presumed that the driver’s
 1855  operation of the vehicle was the sole proximate cause of her or
 1856  his own death, injury, or damage. This presumption can be
 1857  overcome if the gross negligence or intentional misconduct of
 1858  the Department of Transportation, or of its agents, consultants,
 1859  or contractors, was a proximate cause of the driver’s death,
 1860  injury, or damage.
 1861         Section 30. Subsection (1) of section 401.281, Florida
 1862  Statutes, is amended to read:
 1863         401.281 Drivers.—
 1864         (1) Each licensee is responsible for assuring that its
 1865  vehicles are driven only by trained, experienced, and otherwise
 1866  qualified personnel. The licensee must, at a minimum, document
 1867  that each of its drivers:
 1868         (a) Is at least 18 years of age;
 1869         (b) Certifies under oath that he or she is not addicted to
 1870  alcohol or any controlled substance;
 1871         (c) Certifies under oath that he or she is free from any
 1872  physical or mental defect or disease that might impair his or
 1873  her ability to drive an ambulance;
 1874         (d) Upon initial designation as a driver, has not, within
 1875  the past 3 years, been convicted of driving while impaired by
 1876  under the influence of alcohol or a controlled substance
 1877  substances and has not had a driver’s license suspended under
 1878  the point system provided for in chapter 322;
 1879         (e) Possesses a valid driver’s license issued under chapter
 1880  322, is trained in the safe operation of emergency vehicles, and
 1881  has completed an emergency vehicle operator’s course or the
 1882  reasonable equivalent as approved by the department; however,
 1883  this paragraph applies only to a driver of a land vehicle;
 1884         (f) Possesses a valid American Red Cross or National Safety
 1885  Council standard first aid course card or its equivalent; and
 1886         (g) Possesses a valid American Red Cross or American Heart
 1887  Association cardiopulmonary resuscitation card.
 1888         Section 31. Section 401.445, Florida Statutes, is amended
 1889  to read:
 1890         401.445 Emergency examination and treatment of
 1891  incapacitated persons.—
 1892         (1) A No recovery is not shall be allowed in any court in
 1893  this state against an any emergency medical technician, a
 1894  paramedic, or a physician as defined in this chapter, an any
 1895  advanced registered nurse practitioner certified under s.
 1896  464.012, a or any physician assistant licensed under s. 458.347
 1897  or s. 459.022, or a any person acting under the direct medical
 1898  supervision of a physician, in an action brought for examining
 1899  or treating a patient without his or her informed consent if:
 1900         (a) The patient at the time of examination or treatment is
 1901  intoxicated, impaired by the use under the influence of drugs,
 1902  or otherwise incapable of providing informed consent as provided
 1903  in s. 766.103;
 1904         (b) The patient at the time of examination or treatment is
 1905  experiencing an emergency medical condition; and
 1906         (c) The patient would reasonably, under all the surrounding
 1907  circumstances, undergo such examination, treatment, or procedure
 1908  if he or she were advised by the emergency medical technician,
 1909  paramedic, physician, advanced registered nurse practitioner, or
 1910  physician assistant in accordance with s. 766.103(3).
 1911  
 1912  Examination and treatment provided under this subsection are
 1913  shall be limited to reasonable examination of the patient to
 1914  determine the medical condition of the patient and treatment
 1915  reasonably necessary to alleviate the emergency medical
 1916  condition or to stabilize the patient.
 1917         (2) In examining and treating a person who is apparently
 1918  intoxicated, impaired by the use under the influence of drugs,
 1919  or otherwise incapable of providing informed consent, the
 1920  emergency medical technician, paramedic, physician, advanced
 1921  registered nurse practitioner, or physician assistant, or the
 1922  any person acting under the direct medical supervision of a
 1923  physician, shall proceed wherever possible with the consent of
 1924  the person. If the person reasonably appears to be incapacitated
 1925  and refuses his or her consent, the person may be examined,
 1926  treated, or taken to a hospital or other appropriate treatment
 1927  resource if he or she is in need of emergency attention, without
 1928  his or her consent, but unreasonable force may shall not be
 1929  used.
 1930         (3) This section does not limit medical treatment provided
 1931  pursuant to court order or treatment provided in accordance with
 1932  chapter 394 or chapter 397.
 1933         Section 32. This act shall take effect July 1, 2012.