Florida Senate - 2014                                    SB 1118
       
       
        
       By Senator Gibson
       
       
       
       
       
       9-01420-14                                            20141118__
    1                        A bill to be entitled                      
    2         An act relating to alcohol or drug impairment;
    3         amending s. 316.003, F.S.; defining terms applicable
    4         to the Florida Uniform Traffic Control Law; amending
    5         s. 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 or controlled
   10         substances; providing that a person commits the
   11         offense of driving while impaired if the person has in
   12         the blood or urine certain controlled substances in
   13         specified circumstances; providing that a person is
   14         entitled to an affirmative defense to the offense of
   15         driving while impaired if, under certain
   16         circumstances, the person charged with the offense
   17         introduced a controlled substance into his or her body
   18         pursuant to a prescription; providing that use of a
   19         nonprescribed substance does not constitute an
   20         affirmative defense; providing that legal use of
   21         alcohol, a chemical substance, a controlled substance,
   22         a medication, or a drug does not constitute a defense
   23         against a charge of driving while impaired under
   24         certain circumstances; amending s. 327.02, F.S.;
   25         defining the term “impaired” as it relates to vessel
   26         safety; amending s. 790.151, F.S.; defining the term
   27         “impaired” as it relates to the use of firearms;
   28         providing that a person commits the offense of use of
   29         a firearm while impaired and is subject to punishment
   30         for such violation if the person uses a firearm and
   31         satisfies the specified criteria relating to the
   32         consumption of alcohol or controlled substances;
   33         amending s. 790.157, F.S.; conforming terminology;
   34         revising the amount of alcohol concentration that may
   35         give rise to a presumption of impairment for purposes
   36         of the offense of use of a firearm while impaired;
   37         revising provisions relating to chemical analysis of a
   38         person’s blood or breath; amending ss. 187.201,
   39         261.20, 310.101, 316.027, 316.1932, 316.1933,
   40         316.1934, 316.1937, 316.1939, 318.143, 318.17,
   41         320.055, 320.08, 322.12, 322.25, 322.26, 322.2615,
   42         322.2616, 322.271, 322.2715, 322.28, 322.291, 322.34,
   43         322.61, 322.62, 322.63, 322.64, 324.023, 327.35,
   44         327.352, 327.353, 327.354, 327.355, 327.359, 327.38,
   45         327.391, 328.17, 337.195, 342.07, 401.281, 627.7275,
   46         627.758, 790.153, and 790.155, F.S.; conforming
   47         provisions to changes made by the act; providing an
   48         effective date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Subsections (92) and (93) are added to section
   53  316.003, Florida Statutes, to read:
   54         316.003 Definitions.—The following words and phrases, when
   55  used in this chapter, shall have the meanings respectively
   56  ascribed to them in this section, except where the context
   57  otherwise requires:
   58         (92) DRIVE.—To operate or be in actual physical control of
   59  a vehicle.
   60         (93) IMPAIR OR IMPAIRED.—To weaken or diminish any of a
   61  person’s physical or mental abilities, including, but not
   62  limited to, the person’s balance, coordination, reflexes,
   63  memory, or comprehension or the person’s ability to see, hear,
   64  walk, talk, judge distances, act in an emergency, follow
   65  directions, multitask, or, in general, perform the many mental
   66  and physical acts of daily life.
   67         Section 2. Section 316.193, Florida Statutes, is amended to
   68  read:
   69         316.193 Driving while impaired, with certain alcohol
   70  concentrations, or drugged under the influence; penalties.—
   71         (1) A person commits is guilty of the offense of driving
   72  while impaired under the influence and is subject to punishment
   73  as provided in subsection (2) if the person is driving or in
   74  actual physical control of a vehicle anywhere within this state
   75  and:
   76         (a) The person is impaired by an under the influence of
   77  alcoholic beverage beverages, a any chemical substance
   78  identified set forth in s. 877.111, a or any substance
   79  controlled substance as defined in under chapter 893 or the Code
   80  of Federal Regulations as of July 1, 2014, or as in effect upon
   81  the date of the most recent readoption of this section under s.
   82  11.2421 before the offense, or a combination of these items when
   83  affected to the extent that the person’s normal faculties are
   84  impaired;
   85         (b) The person has an alcohol concentration a blood-alcohol
   86  level of 0.08 or more grams of alcohol per 100 milliliters of
   87  blood or per 210 liters of breath at the time of driving or
   88  anytime after driving as a result of alcohol consumed before or
   89  during driving; or
   90         (c) The person has in the blood or urine a substance
   91  identified as a controlled substance as defined in Schedule I of
   92  chapter 893 or the Code of Federal Regulations as of July 1,
   93  2014, or as in effect upon the date of the most recent
   94  readoption of this section under s. 11.2421 before the offense;
   95  or
   96         (d)1. The person has in the blood or urine a substance
   97  identified as a controlled substance in Schedule II, Schedule
   98  III, or Schedule IV of chapter 893 or the Code of Federal
   99  Regulations as of July 1, 2014, or as in effect upon the date of
  100  the most recent readoption of this section under s. 11.2421
  101  before the offense.
  102         2.a. If a person who is charged with violating this
  103  paragraph introduced into his or her body a controlled substance
  104  prescribed by a licensed health professional authorized to
  105  prescribe the controlled substance, consumed the controlled
  106  substance in accordance with the health professional’s
  107  directions, and submitted to testing of his or her blood or
  108  urine as described in s. 316.1932 or s. 316.1933, the person is
  109  entitled to an affirmative defense against any allegation that
  110  the person violated this paragraph. The introduction of a
  111  nonprescribed substance into the person’s body does not
  112  constitute an affirmative defense with respect to any
  113  nonprescribed substance.
  114         b. Except as provided in sub-subparagraph a., the fact that
  115  a person charged with violating this subsection is or was
  116  legally entitled to introduce into the human body alcohol, a
  117  chemical substance, a controlled substance, a medication, or a
  118  drug does not constitute a defense against any charge of
  119  violating this subsection a breath-alcohol level of 0.08 or more
  120  grams of alcohol per 210 liters of breath.
  121         (2)(a) Except as provided in paragraph (b), subsection (3),
  122  or subsection (4), a any person who is convicted of a violation
  123  of subsection (1) shall be punished:
  124         1. By a fine of:
  125         a. Not less than $500 or more than $1,000 for a first
  126  conviction.
  127         b. Not less than $1,000 or more than $2,000 for a second
  128  conviction; and
  129         2. By imprisonment for:
  130         a. Not more than 6 months for a first conviction.
  131         b. Not more than 9 months for a second conviction.
  132         3. For a second conviction, by mandatory placement for a
  133  period of at least 1 year, at the convicted person’s sole
  134  expense, of an ignition interlock device approved by the
  135  department in accordance with s. 316.1938 upon all vehicles that
  136  are individually or jointly leased or owned and routinely
  137  operated by the convicted person, when the convicted person
  138  qualifies for a permanent or restricted license. The
  139  installation of such device may not occur before July 1, 2003.
  140         (b)1. A Any person who is convicted of a third violation of
  141  this section for an offense that occurs within 10 years after a
  142  prior conviction for a violation of this section commits a
  143  felony of the third degree, punishable as provided in s.
  144  775.082, s. 775.083, or s. 775.084. In addition, the court shall
  145  order the mandatory placement for a period of at least not less
  146  than 2 years, at the convicted person’s sole expense, of an
  147  ignition interlock device approved by the department in
  148  accordance with s. 316.1938 upon all vehicles that are
  149  individually or jointly leased or owned and routinely operated
  150  by the convicted person, when the convicted person qualifies for
  151  a permanent or restricted license. The installation of such
  152  device may not occur before July 1, 2003.
  153         2. A Any person who is convicted of a third violation of
  154  this section for an offense that occurs more than 10 years after
  155  the date of a prior conviction for a violation of this section
  156  shall be punished by a fine of not less than $2,000 or more than
  157  $5,000 and by imprisonment for not more than 12 months. In
  158  addition, the court shall order the mandatory placement for a
  159  period of at least 2 years, at the convicted person’s sole
  160  expense, of an ignition interlock device approved by the
  161  department in accordance with s. 316.1938 upon all vehicles that
  162  are individually or jointly leased or owned and routinely
  163  operated by the convicted person, when the convicted person
  164  qualifies for a permanent or restricted license. The
  165  installation of such device may not occur before July 1, 2003.
  166         3. A Any person who is convicted of a fourth or subsequent
  167  violation of this section, regardless of when any prior
  168  conviction for a violation of this section occurred, commits a
  169  felony of the third degree, punishable as provided in s.
  170  775.082, s. 775.083, or s. 775.084. However, The fine imposed
  171  for such fourth or subsequent violation may be not be less than
  172  $2,000.
  173         (3) A Any person:
  174         (a) Who is in violation of subsection (1);
  175         (b) Who operates a vehicle; and
  176         (c) Who, by reason of such operation, causes or contributes
  177  to causing:
  178         1. Damage to the property or person of another commits a
  179  misdemeanor of the first degree, punishable as provided in s.
  180  775.082 or s. 775.083.
  181         2. Serious bodily injury to another, as defined in s.
  182  316.1933, commits a felony of the third degree, punishable as
  183  provided in s. 775.082, s. 775.083, or s. 775.084.
  184         3. The death of a any human being or unborn quick child
  185  commits DUI manslaughter, and commits:
  186         a. A felony of the second degree, punishable as provided in
  187  s. 775.082, s. 775.083, or s. 775.084.
  188         b. A felony of the first degree, punishable as provided in
  189  s. 775.082, s. 775.083, or s. 775.084, if:
  190         (I) At the time of the crash, the person knew, or should
  191  have known, that the crash occurred; and
  192         (II) The person failed to give information and render aid
  193  as required by s. 316.062.
  194  
  195  For purposes of this subsection, the definition of the term
  196  “unborn quick child” shall be determined in accordance with the
  197  definition of viable fetus as set forth in s. 782.071. A person
  198  who is convicted of DUI manslaughter shall be sentenced to a
  199  mandatory minimum term of imprisonment of 4 years.
  200         (4) A Any person who is convicted of a violation of
  201  subsection (1) and who has an alcohol concentration a blood
  202  alcohol level or breath-alcohol level of 0.15 or higher, or a
  203  any person who is convicted of a violation of subsection (1) and
  204  who at the time of the offense was accompanied in the vehicle by
  205  a person under the age of 18 years, shall be punished:
  206         (a) By a fine of:
  207         1. Not less than $1,000 or more than $2,000 for a first
  208  conviction.
  209         2. Not less than $2,000 or more than $4,000 for a second
  210  conviction.
  211         3. Not less than $4,000 for a third or subsequent
  212  conviction.
  213         (b) By imprisonment for:
  214         1. Not more than 9 months for a first conviction.
  215         2. Not more than 12 months for a second conviction.
  216  
  217  For the purposes of this subsection, only the instant offense is
  218  required to be a violation of subsection (1) by a person who has
  219  an alcohol concentration a blood-alcohol level or breath-alcohol
  220  level of 0.15 or higher.
  221         (c) In addition to the penalties in paragraphs (a) and (b),
  222  the court shall order the mandatory placement, at the convicted
  223  person’s sole expense, of an ignition interlock device approved
  224  by the department in accordance with s. 316.1938 upon all
  225  vehicles that are individually or jointly leased or owned and
  226  routinely operated by the convicted person for at least not less
  227  than 6 continuous months for the first offense and for at least
  228  not less than 2 continuous years for a second offense, when the
  229  convicted person qualifies for a permanent or restricted
  230  license.
  231         (5) The court shall place all offenders convicted of
  232  violating this section on monthly reporting probation and shall
  233  require completion of a substance abuse course conducted by a
  234  DUI program licensed by the department under s. 322.292, which
  235  must include a psychosocial evaluation of the offender. If the
  236  DUI program refers the offender to an authorized substance abuse
  237  treatment provider for substance abuse treatment, in addition to
  238  any sentence or fine imposed under this section, completion of
  239  all such education, evaluation, and treatment is a condition of
  240  reporting probation. The offender shall assume reasonable costs
  241  for such education, evaluation, and treatment. The referral to
  242  treatment resulting from a psychosocial evaluation may shall not
  243  be waived without a supporting independent psychosocial
  244  evaluation conducted by an authorized substance abuse treatment
  245  provider appointed by the court, which shall have access to the
  246  DUI program’s psychosocial evaluation before the independent
  247  psychosocial evaluation is conducted. The court shall review the
  248  results and recommendations of both evaluations before
  249  determining the request for waiver. The offender shall bear the
  250  full cost of this procedure. The term “substance abuse” means
  251  the abuse of alcohol or any substance named or described in
  252  Schedules I through V of s. 893.03. If an offender referred to
  253  treatment under this subsection fails to report for or complete
  254  such treatment or fails to complete the DUI program substance
  255  abuse education course and evaluation, the DUI program shall
  256  notify the court and the department of the failure. Upon receipt
  257  of the notice, the department shall cancel the offender’s
  258  driving privilege, notwithstanding the terms of the court order
  259  or any suspension or revocation of the driving privilege. The
  260  department may temporarily reinstate the driving privilege on a
  261  restricted basis upon verification from the DUI program that the
  262  offender is currently participating in treatment and the DUI
  263  education course and evaluation requirement has been completed.
  264  If the DUI program notifies the department of the second failure
  265  to complete treatment, the department shall reinstate the
  266  driving privilege only after notice of completion of treatment
  267  from the DUI program. The organization that conducts the
  268  substance abuse education and evaluation may not provide
  269  required substance abuse treatment unless a waiver has been
  270  granted to that organization by the department. A waiver may be
  271  granted only if the department determines, in accordance with
  272  its rules, that the service provider that conducts the substance
  273  abuse education and evaluation is the most appropriate service
  274  provider and is licensed under chapter 397 or is exempt from
  275  such licensure. A statistical referral report shall be submitted
  276  quarterly to the department by each organization authorized to
  277  provide services under this section.
  278         (6) With respect to any person convicted of a violation of
  279  subsection (1), regardless of any penalty imposed pursuant to
  280  subsection (2), subsection (3), or subsection (4):
  281         (a) For the first conviction, the court shall place the
  282  defendant on probation for a period not to exceed 1 year and, as
  283  a condition of such probation, shall order the defendant to
  284  participate in public service or a community work project for a
  285  minimum of 50 hours. The court may order a defendant to pay a
  286  fine of $10 for each hour of public service or community work
  287  otherwise required only if the court finds that the residence or
  288  location of the defendant at the time public service or
  289  community work is required or the defendant’s employment
  290  obligations would create an undue hardship for the defendant.
  291  However, the total period of probation and incarceration may not
  292  exceed 1 year. The court must also, as a condition of probation,
  293  order the impoundment or immobilization of the vehicle that was
  294  operated by or in the actual control of the defendant or any one
  295  vehicle registered in the defendant’s name at the time of
  296  impoundment or immobilization, for a period of 10 days or for
  297  the unexpired term of any lease or rental agreement that expires
  298  within 10 days. The impoundment or immobilization must not occur
  299  concurrently with the incarceration of the defendant. The
  300  impoundment or immobilization order may be dismissed in
  301  accordance with paragraph (e), paragraph (f), paragraph (g), or
  302  paragraph (h).
  303         (b) For the second conviction for an offense that occurs
  304  within a period of 5 years after the date of a prior conviction
  305  for violation of this section, the court shall order
  306  imprisonment for at least not less than 10 days. The court must
  307  also, as a condition of probation, order the impoundment or
  308  immobilization of all vehicles owned by the defendant at the
  309  time of impoundment or immobilization, for a period of 30 days
  310  or for the unexpired term of any lease or rental agreement that
  311  expires within 30 days. The impoundment or immobilization must
  312  not occur concurrently with the incarceration of the defendant
  313  and must occur concurrently with the driver driver’s license
  314  revocation imposed under s. 322.28(2)(a)2. The impoundment or
  315  immobilization order may be dismissed in accordance with
  316  paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
  317  At least 48 hours of confinement must be consecutive.
  318         (c) For the third or subsequent conviction for an offense
  319  that occurs within a period of 10 years after the date of a
  320  prior conviction for violation of this section, the court shall
  321  order imprisonment for at least not less than 30 days. The court
  322  must also, as a condition of probation, order the impoundment or
  323  immobilization of all vehicles owned by the defendant at the
  324  time of impoundment or immobilization, for a period of 90 days
  325  or for the unexpired term of any lease or rental agreement that
  326  expires within 90 days. The impoundment or immobilization must
  327  not occur concurrently with the incarceration of the defendant
  328  and must occur concurrently with the driver driver’s license
  329  revocation imposed under s. 322.28(2)(a)3. The impoundment or
  330  immobilization order may be dismissed in accordance with
  331  paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
  332  At least 48 hours of confinement must be consecutive.
  333         (d) The court must, at the time of sentencing the
  334  defendant, issue an order for the impoundment or immobilization
  335  of a vehicle. The order of impoundment or immobilization must
  336  include the name and telephone numbers of all immobilization
  337  agencies meeting all of the conditions of subsection (13).
  338  Within 7 business days after the date that the court issues the
  339  order of impoundment or immobilization, the clerk of the court
  340  must send notice by certified mail, return receipt requested, to
  341  the registered owner of each vehicle, if the registered owner is
  342  a person other than the defendant, and to each person of record
  343  claiming a lien against the vehicle.
  344         (e) A person who owns but was not operating the vehicle
  345  when the offense occurred may submit to the court a police
  346  report indicating that the vehicle was stolen at the time of the
  347  offense or documentation of having purchased the vehicle after
  348  the offense was committed from an entity other than the
  349  defendant or the defendant’s agent. If the court finds that the
  350  vehicle was stolen or that the sale was not made to circumvent
  351  the order and allow the defendant continued access to the
  352  vehicle, the order must be dismissed and the owner of the
  353  vehicle will incur no costs. If the court denies the request to
  354  dismiss the order of impoundment or immobilization, the
  355  petitioner may request an evidentiary hearing.
  356         (f) A person who owns but was not operating the vehicle
  357  when the offense occurred, and whose vehicle was stolen or who
  358  purchased the vehicle after the offense was committed directly
  359  from the defendant or the defendant’s agent, may request an
  360  evidentiary hearing to determine whether the impoundment or
  361  immobilization should occur. If the court finds that either the
  362  vehicle was stolen or the purchase was made without knowledge of
  363  the offense, that the purchaser had no relationship to the
  364  defendant other than through the transaction, and that such
  365  purchase would not circumvent the order and allow the defendant
  366  continued access to the vehicle, the order must be dismissed and
  367  the owner of the vehicle will incur no costs.
  368         (g) The court shall also dismiss the order of impoundment
  369  or immobilization of the vehicle if the court finds that the
  370  family of the owner of the vehicle has no other private or
  371  public means of transportation.
  372         (h) The court may also dismiss the order of impoundment or
  373  immobilization of any vehicles that are owned by the defendant
  374  but that are operated solely by the employees of the defendant
  375  or any business owned by the defendant.
  376         (i) All costs and fees for the impoundment or
  377  immobilization, including the cost of notification, must be paid
  378  by the owner of the vehicle or, if the vehicle is leased or
  379  rented, by the person leasing or renting the vehicle, unless the
  380  impoundment or immobilization order is dismissed. All provisions
  381  of s. 713.78 shall apply. The costs and fees for the impoundment
  382  or immobilization must be paid directly to the person impounding
  383  or immobilizing the vehicle.
  384         (j) The person who owns a vehicle that is impounded or
  385  immobilized under this paragraph, or a person who has a lien of
  386  record against such a vehicle and who has not requested a review
  387  of the impoundment pursuant to paragraph (e), paragraph (f), or
  388  paragraph (g), may, within 10 days after the date that person
  389  has knowledge of the location of the vehicle, file a complaint
  390  in the county in which the owner resides to determine whether
  391  the vehicle was wrongfully taken or withheld from the owner or
  392  lienholder. Upon the filing of a complaint, the owner or
  393  lienholder may have the vehicle released by posting with the
  394  court a bond or other adequate security equal to the amount of
  395  the costs and fees for impoundment or immobilization, including
  396  towing or storage, to ensure the payment of such costs and fees
  397  if the owner or lienholder does not prevail. When the bond is
  398  posted and the fee is paid as set forth in s. 28.24, the clerk
  399  of the court shall issue a certificate releasing the vehicle. At
  400  the time of release, after reasonable inspection, the owner or
  401  lienholder must give a receipt to the towing or storage company
  402  indicating any loss or damage to the vehicle or to the contents
  403  of the vehicle.
  404         (k) A defendant, in the court’s discretion, may be required
  405  to serve all or any portion of a term of imprisonment to which
  406  the defendant has been sentenced pursuant to this section in a
  407  residential alcoholism treatment program or a residential drug
  408  abuse treatment program. Any time spent in such a program must
  409  be credited by the court toward the term of imprisonment.
  410  
  411  For the purposes of this section, a any conviction for a
  412  violation of s. 327.35; a previous conviction for the violation
  413  of former s. 316.1931, former s. 860.01, or former s. 316.028;
  414  or a previous conviction outside this state for driving while
  415  impaired, driving under the influence, driving while
  416  intoxicated, driving with an unlawful alcohol concentration,
  417  driving with an unlawful blood-alcohol level, driving with an
  418  unlawful breath-alcohol level, or any other similar alcohol
  419  related or drug-related traffic offense, is also considered a
  420  previous conviction for violation of this section. However, in
  421  satisfaction of the fine imposed pursuant to this section, the
  422  court may, upon a finding that the defendant is financially
  423  unable to pay either all or part of the fine, order that the
  424  defendant participate for a specified additional period of time
  425  in public service or a community work project in lieu of payment
  426  of that portion of the fine which the court determines the
  427  defendant is unable to pay. In determining the such additional
  428  sentence, the court shall consider the amount of the unpaid
  429  portion of the fine and the reasonable value of the services to
  430  be ordered; however, the court may not compute the reasonable
  431  value of services at a rate less than the federal minimum wage
  432  at the time of sentencing.
  433         (7) A conviction under this section does not bar any civil
  434  suit for damages against the person so convicted.
  435         (8) At the arraignment, or in conjunction with any notice
  436  of arraignment provided by the clerk of the court, the clerk
  437  shall provide any person charged with a violation of this
  438  section with notice that upon conviction the court shall suspend
  439  or revoke the offender’s driver driver’s license and that the
  440  offender should make arrangements for transportation at any
  441  proceeding in which the court may take such action. Failure to
  442  provide such notice does not affect the court’s suspension or
  443  revocation of the offender’s driver driver’s license.
  444         (9) A person who is arrested for a violation of this
  445  section may not be released from custody:
  446         (a) Until the person is no longer impaired by an under the
  447  influence of alcoholic beverage beverages, a any chemical
  448  substance identified set forth in s. 877.111, or a any substance
  449  controlled substance as defined in under chapter 893 or the Code
  450  of Federal Regulations as of July 1, 2014, or as in effect upon
  451  the date of the most recent readoption of this section under s.
  452  11.2421 before the offense, and affected to the extent that he
  453  or she is his or her normal faculties are impaired;
  454         (b) Until the person’s alcohol concentration blood-alcohol
  455  level or breath-alcohol level is less than 0.05; or
  456         (c) Until 8 hours have elapsed from the time the person was
  457  arrested.
  458         (10) The rulings of the Department of Highway Safety and
  459  Motor Vehicles under s. 322.2615 may shall not be considered in
  460  any trial for a violation of this section. Testimony or evidence
  461  from the administrative proceedings or any written statement
  462  submitted by a person in his or her request for administrative
  463  review is inadmissible into evidence or for any other purpose in
  464  any criminal proceeding, unless timely disclosed in criminal
  465  discovery pursuant to Rule 3.220, Florida Rules of Criminal
  466  Procedure.
  467         (11) The Department of Highway Safety and Motor Vehicles
  468  shall is directed to adopt rules providing for the
  469  implementation of the use of ignition interlock devices.
  470         (12) If the records of the Department of Highway Safety and
  471  Motor Vehicles show that the defendant has been previously
  472  convicted of the offense of driving while impaired or under the
  473  influence, that evidence is sufficient by itself to establish
  474  the that prior conviction for driving while impaired or under
  475  the influence. However, such evidence may be contradicted or
  476  rebutted by other evidence. This presumption may be considered
  477  along with any other evidence presented in deciding whether the
  478  defendant has been previously convicted of the offense of
  479  driving while impaired or under the influence.
  480         (13) If personnel of the circuit court or the sheriff do
  481  not immobilize vehicles, only immobilization agencies that meet
  482  the conditions of this subsection shall immobilize vehicles in
  483  that judicial circuit.
  484         (a) The immobilization agency responsible for immobilizing
  485  vehicles in that judicial circuit is shall be subject to strict
  486  compliance with all of the following conditions and
  487  restrictions:
  488         1. Any immobilization agency engaged in the business of
  489  immobilizing vehicles shall provide to the clerk of the court a
  490  signed affidavit attesting that the agency:
  491         a. Has verifiable experience in immobilizing vehicles;
  492         b. Maintains accurate and complete records of all payments
  493  for the immobilization, copies of all documents pertaining to
  494  the court’s order of impoundment or immobilization, and any
  495  other documents relevant to each immobilization. Such records
  496  must be maintained by the immobilization agency for at least 3
  497  years; and
  498         c. Employs and assigns persons to immobilize vehicles who
  499  that meet the requirements established in subparagraph 2.
  500         2. The person who immobilizes a vehicle must:
  501         a. Not have been adjudicated incapacitated under s.
  502  744.331, or a similar statute in another state, unless his or
  503  her capacity has been judicially restored; not have been
  504  involuntarily placed in a treatment facility for the mentally
  505  ill under chapter 394, or a similar law in any other state,
  506  unless his or her competency has been judicially restored; or
  507  not have been diagnosed as having an incapacitating mental
  508  illness unless a psychologist or psychiatrist licensed in this
  509  state certifies that he or she does not currently suffer from
  510  the mental illness.
  511         b. Not be a chronic and habitual user of alcoholic
  512  beverages to the extent that he or she is his or her normal
  513  faculties are impaired; not have been committed under chapter
  514  397, former chapter 396, or a similar law in any other state;
  515  not have been found to be a habitual offender under s.
  516  856.011(3), or a similar law in any other state; or not have had
  517  any conviction convictions under this section, or a similar law
  518  in any other state, within 2 years before the affidavit is
  519  submitted.
  520         c. Not have been committed for controlled substance abuse
  521  or have been found guilty of a crime under chapter 893, or a
  522  similar law in any other state, relating to controlled
  523  substances in any other state.
  524         d. Not have been found guilty of or entered a plea of
  525  guilty or nolo contendere to, regardless of adjudication, or
  526  been convicted of a felony, unless his or her civil rights have
  527  been restored.
  528         e. Be a citizen or legal resident alien of the United
  529  States or have been granted authorization to seek employment in
  530  this country by the United States Bureau of Citizenship and
  531  Immigration Services.
  532         (b) The immobilization agency shall conduct a state
  533  criminal history check through the Florida Department of Law
  534  Enforcement to ensure that the person hired to immobilize a
  535  vehicle meets the requirements in sub-subparagraph (a)2.d.
  536         (c) A person who violates paragraph (a) commits a
  537  misdemeanor of the first degree, punishable as provided in s.
  538  775.082 or s. 775.083.
  539         (14) As used in this chapter, the term:
  540         (a) “Immobilization,” “immobilizing,” or “immobilize” means
  541  the act of installing a vehicle antitheft device on the steering
  542  wheel of a vehicle, the act of placing a tire lock or wheel
  543  clamp on a vehicle, or a governmental agency’s act of taking
  544  physical possession of the license tag and vehicle registration
  545  rendering a vehicle legally inoperable to prevent any person
  546  from operating the vehicle pursuant to an order of impoundment
  547  or immobilization under subsection (6).
  548         (b) “Immobilization agency” or “immobilization agencies”
  549  means any person, firm, company, agency, organization,
  550  partnership, corporation, association, trust, or other business
  551  entity of any kind whatsoever that meets all of the conditions
  552  of subsection (13).
  553         (c) “Impoundment,” “impounding,” or “impound” means the act
  554  of storing a vehicle at a storage facility pursuant to an order
  555  of impoundment or immobilization under subsection (6) where the
  556  person impounding the vehicle exercises control, supervision,
  557  and responsibility over the vehicle.
  558         (d) “Person” means any individual, firm, company, agency,
  559  organization, partnership, corporation, association, trust, or
  560  other business entity of any kind whatsoever.
  561         Section 3. Subsections (14) through (40) of section 327.02,
  562  Florida Statutes, are renumbered as subsections (15) through
  563  (41), respectively, and a new subsection (14) is added to that
  564  section to read:
  565         327.02 Definitions.—As used in this chapter and in chapter
  566  328, unless the context clearly requires a different meaning,
  567  the term:
  568         (14) “Impaired” has the same meaning as provided in s.
  569  316.003.
  570         Section 4. Section 790.151, Florida Statutes, is amended to
  571  read:
  572         790.151 Using firearm while impaired by under the influence
  573  of alcoholic beverages, chemical substances, or controlled
  574  substances; penalties.—
  575         (1) As used in ss. 790.151-790.157, the term: to
  576         (a) “Impaired” has the same meaning as provided in s.
  577  316.003.
  578         (b) “Use a firearm” means to discharge a firearm or to have
  579  a firearm readily accessible for immediate discharge.
  580         (2) For the purposes of this section, “readily accessible
  581  for immediate discharge” means loaded and in a person’s hand.
  582         (3) It is unlawful and punishable as provided in subsection
  583  (4) for any person who is impaired by under the influence of
  584  alcoholic beverages, any chemical substance set forth in s.
  585  877.111, or any substance controlled under chapter 893, when
  586  affected to the extent that his or her normal faculties are
  587  impaired, to use a firearm in this state.
  588         (4) Any person who violates subsection (3) commits a
  589  misdemeanor of the second degree, punishable as provided in s.
  590  775.082 or s. 775.083.
  591         (5) This section does not apply to persons exercising
  592  lawful self-defense or defense of one’s property.
  593         Section 5. Section 790.157, Florida Statutes, is amended to
  594  read:
  595         790.157 Presumption of impairment; testing methods.—
  596         (1) It is unlawful and punishable as provided in s. 790.151
  597  for any person who is impaired by under the influence of
  598  alcoholic beverages or controlled substances, when affected to
  599  the extent that his or her normal faculties are impaired, to use
  600  a firearm in this state.
  601         (2) Upon the trial of any civil or criminal action or
  602  proceeding arising out of acts alleged to have been committed by
  603  any person while using a firearm while impaired by under the
  604  influence of alcoholic beverages or controlled substances, when
  605  affected to the extent that his or her normal faculties were
  606  impaired or to the extent that the person was deprived of full
  607  possession of his or her normal faculties, the results of any
  608  test administered in accordance with s. 790.153 or s. 790.155
  609  and this section shall be admissible into evidence when
  610  otherwise admissible, and the amount of alcohol in the person’s
  611  blood at the time alleged, as shown by chemical analysis of the
  612  person’s blood or chemical or physical analysis of the person’s
  613  breath, shall give rise to the following presumptions:
  614         (a) If there was at that time an alcohol concentration of
  615  0.05 grams per 100 milliliters of blood or per 210 liters of
  616  breath percent or less by weight of alcohol in the person’s
  617  blood, it shall be presumed that the person was not impaired by
  618  under the influence of alcoholic beverages to the extent that
  619  his or her normal faculties were impaired.
  620         (b) If there was at that time an alcohol concentration in
  621  excess of 0.05 grams percent but less than 0.08 grams per 100
  622  milliliters of blood or per 210 liters of breath 0.10 percent by
  623  weight of alcohol in the person’s blood, such fact shall not
  624  give rise to any presumption that the person was or was not
  625  under the influence of alcoholic beverages to the extent that
  626  his or her normal faculties were impaired by alcoholic
  627  beverages, but such fact may be considered with other competent
  628  evidence in determining whether the person was impaired by under
  629  the influence of alcoholic beverages to the extent that his or
  630  her normal faculties were impaired.
  631         (c) If there was at that time an alcohol concentration of
  632  0.08 grams per 100 milliliters of blood or per 210 liters of
  633  breath 0.10 percent or more by weight of alcohol in the person’s
  634  blood, that fact shall be prima facie evidence that the person
  635  was impaired by under the influence of alcoholic beverages to
  636  the extent that his or her normal faculties were impaired.
  637  
  638  The percent by weight of alcohol in the blood shall be based
  639  upon grams of alcohol per 100 milliliters of blood. The
  640  foregoing provisions of This subsection does not limit shall not
  641  be construed as limiting the introduction of any other competent
  642  evidence bearing upon the question of whether the person was
  643  impaired by under the influence of alcoholic beverages to the
  644  extent that his or her normal faculties were impaired.
  645         (3) A chemical analysis of a person’s blood to determine
  646  its alcohol concentration alcoholic content or a chemical or
  647  physical analysis of a person’s breath, in order to be
  648  considered valid under the provisions of this section, must have
  649  been performed substantially in accordance with rules adopted
  650  methods approved by the Florida Department of Law Enforcement
  651  and by an individual possessing a valid permit issued by the
  652  department for this purpose. Any insubstantial difference
  653  differences between approved methods and procedures techniques
  654  and actual testing methods and procedures in an individual case
  655  does shall not render the test or test results invalid. The
  656  Florida Department of Law Enforcement may approve satisfactory
  657  techniques or methods and procedures, ascertain the
  658  qualification and competence of individuals to conduct such
  659  analyses, and issue permits which shall be subject to
  660  termination or revocation in accordance with rules adopted by
  661  the department.
  662         (4) Any person charged with using a firearm while impaired
  663  by under the influence of alcoholic beverages or controlled
  664  substances to the extent that his or her normal faculties were
  665  impaired, whether in a municipality or not, shall be entitled to
  666  trial by jury according to the Florida Rules of Criminal
  667  Procedure.
  668         Section 6. Paragraph (b) of subsection (6) of section
  669  187.201, Florida Statutes, is amended to read:
  670         187.201 State Comprehensive Plan adopted.—The Legislature
  671  hereby adopts as the State Comprehensive Plan the following
  672  specific goals and policies:
  673         (6) PUBLIC SAFETY.—
  674         (b) Policies.—
  675         1. Maintain safe and secure prisons and other correctional
  676  facilities with the required number of well-trained staff.
  677         2. Provide effective alternatives to incarceration for
  678  appropriate offenders and encourage victim restitution.
  679         3. Make the corrections system as financially cost
  680  effective as possible through prison industries and other inmate
  681  work programs and through contractual agreements with public and
  682  private vendors.
  683         4. Continue to monitor educational and vocational training
  684  of inmates to increase the likelihood of successful
  685  reintegration into the community.
  686         5. Provide all inmates with access to adequate health care,
  687  including diagnostic and treatment programs for offenders
  688  suffering from substance abuse or psychological disorders.
  689         6. Provide incentives to attract and retain high-quality
  690  law enforcement and correctional officers.
  691         7. Emphasize the reduction of serious crime, particularly
  692  violent, organized, economic, and drug-related crimes.
  693         8. Increase the level of training and technical assistance
  694  provided to law enforcement agencies.
  695         9. Increase crime prevention efforts to enhance the
  696  protection of individual personal safety and property.
  697         10. Emphasize and protect the rights of crime victims.
  698         11. Continue to implement coordinated and integrated
  699  strategies to combat organized crime, economic crime, and drug
  700  trafficking.
  701         12. Expand the state’s provisions for the protection of
  702  witnesses in criminal cases, especially organized crime cases.
  703         13. Strengthen the state’s commitment to pursue, both
  704  criminally and civilly, those individuals who profit from
  705  economic crimes, in a manner that keeps pace with the level and
  706  sophistication of these criminal activities.
  707         14. Improve the efficiency of law enforcement through the
  708  establishment of a close communication and coordination system
  709  among agencies and a comprehensive reporting system for such
  710  types of criminal activities as forcible felonies and organized,
  711  economic, and drug crimes.
  712         15. Improve the effectiveness of the delinquent juvenile
  713  justice system commitment programs to reduce recidivism of
  714  juveniles who would otherwise be recommitted to state
  715  supervision.
  716         16. Utilize alternative sentencing and dispute resolution
  717  when appropriate, particularly in civil disputes and minor
  718  criminal violations.
  719         17. Increase the state’s commitment to stringent
  720  enforcement of laws against drunken or drugged driving.
  721         18. Expand public awareness campaigns that will emphasize
  722  the dangers of driving while impaired by under the influence of
  723  alcohol or drugs.
  724         19. Promote efforts to encourage the use of personal safety
  725  restraint devices for all persons traveling in motor vehicles.
  726         20. Improve the enforcement of and compliance with safe
  727  highway speed limits.
  728         21. Provide effective and efficient driver licensing
  729  systems, including a reliable testing system designed to
  730  preclude unqualified drivers from receiving driver driver’s
  731  licenses.
  732         22. Require local governments, in cooperation with regional
  733  and state agencies, to prepare advance plans for the safe
  734  evacuation of coastal residents.
  735         23. Require local governments, in cooperation with regional
  736  and state agencies, to adopt plans and policies to protect
  737  public and private property and human lives from the effects of
  738  natural disasters.
  739         Section 7. Paragraph (b) of subsection (5) of section
  740  261.20, Florida Statutes, is amended to read:
  741         261.20 Operations of off-highway vehicles on public lands;
  742  restrictions; safety courses; required equipment; prohibited
  743  acts; penalties.—
  744         (5) It is a violation of this section:
  745         (b) To operate an off-highway vehicle while impaired by an
  746  alcoholic beverage under the influence of alcohol, a controlled
  747  substance, or a any prescription or over-the-counter drug that
  748  impairs vision or motor condition.
  749         Section 8. Paragraph (m) of subsection (1) of section
  750  310.101, Florida Statutes, is amended to read:
  751         310.101 Grounds for disciplinary action by the board.—
  752         (1) Any act of misconduct, inattention to duty, negligence,
  753  or incompetence; any willful violation of any law or rule,
  754  including the rules of the road, applicable to a licensed state
  755  pilot or certificated deputy pilot; or any failure to exercise
  756  that care which a reasonable and prudent licensed state pilot or
  757  certificated deputy pilot would exercise under the same or
  758  similar circumstances may result in disciplinary action.
  759  Examples of acts by a licensed state pilot or certificated
  760  deputy pilot which constitute grounds for disciplinary action
  761  include, but are not limited to:
  762         (m) Having a license to operate a motor vehicle revoked,
  763  suspended, or otherwise acted against by any jurisdiction,
  764  including its agencies or subdivisions, for operating the
  765  vehicle while impaired by under the influence of alcohol or
  766  drugs. The jurisdiction’s acceptance of a relinquishment of
  767  license, stipulation, consent order, plea of nolo contendere,
  768  penalty in any form, or other settlement offered in response to
  769  or in anticipation of the filing of charges related to the
  770  license to operate a motor vehicle shall be construed as action
  771  against the license.
  772         Section 9. Paragraph (b) of subsection (1) of section
  773  316.027, Florida Statutes, is amended to read:
  774         316.027 Crash involving death or personal injuries.—
  775         (1)
  776         (b) The driver of any vehicle involved in a crash occurring
  777  on public or private property that results in the death of any
  778  person must immediately stop the vehicle at the scene of the
  779  crash, or as close thereto as possible, and must remain at the
  780  scene of the crash until he or she has fulfilled the
  781  requirements of s. 316.062. A person who is arrested for a
  782  violation of this paragraph and who has previously been
  783  convicted of a violation of this section, s. 316.061, s.
  784  316.191, or s. 316.193, or a felony violation of s. 322.34,
  785  shall be held in custody until brought before the court for
  786  admittance to bail in accordance with chapter 903. Any person
  787  who willfully violates this paragraph commits a felony of the
  788  first degree, punishable as provided in s. 775.082, s. 775.083,
  789  or s. 775.084. Any person who willfully commits such a violation
  790  while driving impaired under the influence as set forth in s.
  791  316.193(1) shall be sentenced to a mandatory minimum term of
  792  imprisonment of 2 years.
  793         Section 10. Section 316.1932, Florida Statutes, is amended
  794  to read:
  795         316.1932 Tests for alcohol, chemical substances, or
  796  controlled substances; implied consent; refusal.—
  797         (1)(a)1.a. A Any person who accepts the privilege extended
  798  by the laws of this state of operating a motor vehicle within
  799  this state is, by so operating such vehicle, deemed to have
  800  given his or her consent to submit to an approved chemical test
  801  or physical breath test, including, but not limited to, an
  802  infrared light test of his or her breath to determine for the
  803  purpose of determining the alcohol concentration alcoholic
  804  content of the his or her blood or breath if the person is
  805  lawfully arrested for an any offense allegedly committed while
  806  the person was driving or was in actual physical control of a
  807  motor vehicle while impaired by an under the influence of
  808  alcoholic beverage beverages. The chemical or physical breath
  809  test must be incidental to a lawful arrest and administered at
  810  the request of a law enforcement officer who has reasonable
  811  cause to believe that the such person was driving or was in
  812  actual physical control of the motor vehicle within this state
  813  while impaired by an under the influence of alcoholic beverage
  814  beverages. The administration of the a breath test does not
  815  preclude the administration of another type of test. The person
  816  shall be told that his or her failure to submit to a any lawful
  817  breath test of his or her breath will result in the suspension
  818  of his or her the person’s privilege to operate a motor vehicle
  819  for a period of 1 year for a first refusal, or for a period of
  820  18 months if the driving privilege of such person has been
  821  previously suspended as a result of a refusal to submit to a
  822  lawful breath, blood, or urine test. The person such a test or
  823  tests, and shall also be told that if he or she refuses to
  824  submit to a lawful breath test of his or her breath and if his
  825  or her driving privilege has been previously suspended as a
  826  result of for a prior refusal to submit to a lawful breath,
  827  blood, or urine test of his or her breath, urine, or blood, he
  828  or she commits a misdemeanor in addition to any other penalty
  829  penalties. The refusal to submit to a chemical or physical
  830  breath test upon the request of a law enforcement officer as
  831  provided in this section is admissible into evidence in any
  832  criminal proceeding.
  833         b. A Any person who accepts the privilege extended by the
  834  laws of this state of operating a motor vehicle within this
  835  state is, by so operating such vehicle, deemed to have given his
  836  or her consent to submit to a urine test to detect for the
  837  purpose of detecting the presence of a chemical substance
  838  substances as set forth in s. 877.111 or a controlled substance
  839  substances if the person is lawfully arrested for an any offense
  840  allegedly committed while the person was driving or was in
  841  actual physical control of a motor vehicle while impaired by a
  842  under the influence of chemical substances or controlled
  843  substance substances. The urine test must be incidental to a
  844  lawful arrest and administered at a detention facility or any
  845  other facility, mobile or otherwise, which is equipped to
  846  administer such test tests at the request of a law enforcement
  847  officer who has reasonable cause to believe that the such person
  848  was driving or was in actual physical control of a motor vehicle
  849  within this state while impaired by a under the influence of
  850  chemical substances or controlled substance substances. The
  851  urine test shall be administered at a detention facility or any
  852  other facility, mobile or otherwise, which is equipped to
  853  administer such test in a reasonable manner that will ensure the
  854  accuracy of the specimen and maintain the privacy of the person
  855  individual involved. The administration of the a urine test does
  856  not preclude the administration of another type of test. The
  857  person shall be told that his or her failure to submit to a any
  858  lawful urine test of his or her urine will result in the
  859  suspension of his or her the person’s privilege to operate a
  860  motor vehicle for a period of 1 year for the first refusal, or
  861  for a period of 18 months if the driving privilege of such
  862  person has been previously suspended as a result of a refusal to
  863  submit to a lawful breath, blood, or urine test. The person such
  864  a test or tests, and shall also be told that if he or she
  865  refuses to submit to a lawful urine test of his or her urine and
  866  if his or her driving privilege has been previously suspended as
  867  a result of for a prior refusal to submit to a lawful breath,
  868  blood, or urine test of his or her breath, urine, or blood, he
  869  or she commits a misdemeanor in addition to any other penalty
  870  penalties. The refusal to submit to a urine test upon the
  871  request of a law enforcement officer as provided in this section
  872  is admissible into evidence in any criminal proceeding.
  873         2. The Alcohol Testing Program within the Department of Law
  874  Enforcement is responsible for the regulation of the operation,
  875  inspection, and registration of breath test instruments that are
  876  used utilized under the provisions relating to driving and
  877  boating while impaired under the influence provisions and
  878  related provisions located in this chapter and chapters 322 and
  879  327. The program is responsible for the regulation of the
  880  individuals who operate, inspect, and instruct on the breath
  881  test instruments that are used under the provisions relating to
  882  utilized in the driving and boating while impaired under the
  883  influence provisions and related provisions located in this
  884  chapter and chapters 322 and 327. The program is further
  885  responsible for the regulation of blood analysts who conduct
  886  blood alcohol testing that is used to be utilized under such the
  887  driving and boating under the influence provisions and related
  888  provisions located in this chapter and chapters 322 and 327. The
  889  program shall:
  890         a. Establish uniform criteria for the issuance of permits
  891  to breath test operators, agency inspectors, instructors, blood
  892  analysts, and instruments.
  893         b. Have the authority to issue permits for permit breath
  894  test operators, agency inspectors, instructors, blood analysts,
  895  and instruments.
  896         c. Have the authority to discipline and suspend, revoke, or
  897  renew the permits of breath test operators, agency inspectors,
  898  instructors, blood analysts, and instruments.
  899         d. Establish uniform requirements for instruction and
  900  curricula for the operation and inspection of approved
  901  instruments.
  902         e. Have the authority to specify one approved curriculum
  903  for the operation and inspection of approved instruments.
  904         f. Establish a procedure for the approval of breath test
  905  operator and agency inspector classes.
  906         g. Have the authority to approve or disapprove breath test
  907  instruments and accompanying paraphernalia for use pursuant to
  908  the provisions relating to driving and boating while impaired
  909  under the influence provisions and related provisions located in
  910  this chapter and chapters 322 and 327.
  911         h. With the approval of the executive director of the
  912  Department of Law Enforcement, make and enter into contracts and
  913  agreements with other agencies, organizations, associations,
  914  corporations, individuals, or federal agencies as are necessary,
  915  expedient, or incidental to the performance of duties.
  916         i. Issue final orders that which include findings of fact
  917  and conclusions of law and that which constitute final agency
  918  action for the purpose of chapter 120.
  919         j. Enforce compliance with the provisions of this section
  920  through civil or administrative proceedings.
  921         k. Make recommendations concerning any matter within the
  922  purview of this section, this chapter, chapter 322, or chapter
  923  327.
  924         l. Adopt Promulgate rules for the administration and
  925  implementation of this section, including definitions of terms.
  926         m. Consult and cooperate with other entities for the
  927  purpose of implementing the mandates of this section.
  928         n. Have the authority to approve the breath and type of
  929  blood alcohol test to be used under the provisions relating to
  930  utilized under the driving and boating while impaired under the
  931  influence provisions and related provisions located in this
  932  chapter and chapters 322 and 327.
  933         o. Have the authority to approve specify techniques and
  934  methods and procedures for breath alcohol testing and blood
  935  alcohol testing to be used under the provisions relating to
  936  utilized under the driving and boating while impaired under the
  937  influence provisions and related provisions located in this
  938  chapter and chapters 322 and 327.
  939         p. Have the authority to approve repair facilities for the
  940  approved breath test instruments, including the authority to set
  941  criteria for approval.
  942  
  943  Nothing in This section does not shall be construed to supersede
  944  provisions in this chapter and chapters 322 and 327. The
  945  specifications in this section are derived from the power and
  946  authority previously and currently possessed by the Department
  947  of Law Enforcement and are enumerated to conform with the
  948  mandates of chapter 99-379, Laws of Florida.
  949         (b)1. The alcohol concentration blood-alcohol level must be
  950  based upon grams of alcohol per 100 milliliters of blood or. The
  951  breath-alcohol level must be based upon grams of alcohol per 210
  952  liters of breath.
  953         2. An analysis of a person’s breath, in order to be
  954  considered valid under this section, must have been performed
  955  substantially according to rules adopted methods approved by the
  956  Department of Law Enforcement. For this purpose, the department
  957  may approve satisfactory techniques or methods and procedures.
  958  Any insubstantial difference differences between approved
  959  methods and procedures techniques and actual testing procedures
  960  in an any individual case does do not render the test or test
  961  results invalid.
  962         (c) A Any person who accepts the privilege extended by the
  963  laws of this state of operating a motor vehicle within this
  964  state is, by operating such vehicle, deemed to have given his or
  965  her consent to submit to an approved blood test to determine for
  966  the purpose of determining the alcohol concentration alcoholic
  967  content of the blood or a blood test to determine for the
  968  purpose of determining the presence of a chemical substances or
  969  controlled substance substances as provided in this section if
  970  there is reasonable cause to believe that the person was driving
  971  or was in actual physical control of a motor vehicle while
  972  impaired by an under the influence of alcoholic beverage
  973  beverages or a chemical or controlled substance substances and
  974  if the person appears for treatment at a hospital, clinic, or
  975  other medical facility and the administration of a breath or
  976  urine test is impractical or impossible. As used in this
  977  paragraph, the term “other medical facility” includes an
  978  ambulance or other medical emergency vehicle. The blood test
  979  shall be performed in a reasonable manner. A Any person who is
  980  incapable of refusal by reason of unconsciousness or other
  981  mental or physical condition is deemed not to have withdrawn his
  982  or her consent to such test. A blood test may be administered
  983  regardless of whether or not the person is told that his or her
  984  failure to submit to such a lawful blood test will result in the
  985  suspension of his or her the person’s privilege to operate a
  986  motor vehicle upon the public highways of this state and that a
  987  refusal to submit to a lawful blood test is a misdemeanor of his
  988  or her blood, if his or her driving privilege has been
  989  previously suspended as a result of a for refusal to submit to a
  990  lawful breath, blood, or urine test of his or her breath, urine,
  991  or blood, is a misdemeanor. A Any person who is capable of
  992  refusal shall be told that his or her failure to submit to such
  993  a lawful blood test will result in the suspension of his or her
  994  the person’s privilege to operate a motor vehicle for a period
  995  of 1 year for a first refusal, or for a period of 18 months if
  996  the driving privilege of the person has been suspended
  997  previously as a result of a refusal to submit to a lawful
  998  breath, blood, or urine test such a test or tests, and that a
  999  refusal to submit to a lawful blood test is a misdemeanor of his
 1000  or her blood, if the his or her driving privilege has been
 1001  previously suspended as a result of for a prior refusal to
 1002  submit to a lawful breath, blood, or urine test of his or her
 1003  breath, urine, or blood, is a misdemeanor. The refusal to submit
 1004  to a blood test upon the request of a law enforcement officer is
 1005  admissible in evidence in any criminal proceeding.
 1006         (d) If the arresting officer does not request a chemical or
 1007  physical breath test of the person arrested for an any offense
 1008  allegedly committed while the person was driving or was in
 1009  actual physical control of a motor vehicle while impaired by an
 1010  under the influence of alcoholic beverage beverages or a
 1011  chemical or controlled substance substances, the such person may
 1012  request the arresting officer to have a chemical or physical
 1013  breath test performed on made of the arrested person person’s
 1014  breath or a urine or blood test to determine of the urine or
 1015  blood for the purpose of determining the alcohol concentration
 1016  alcoholic content of his or her the person’s blood or breath or
 1017  the presence of a chemical substances or controlled substance.
 1018  substances; and, If so requested, the arresting officer shall
 1019  have the test performed.
 1020         (e)1. By applying for a driver driver’s license and by
 1021  accepting and using a driver driver’s license, the person
 1022  holding the driver driver’s license is deemed to have given
 1023  expressed his or her consent to the provisions of this section.
 1024         2. A nonresident or any other person driving in a status
 1025  exempt from the requirements of the driver driver’s license law,
 1026  by the his or her act of driving in such exempt status, is
 1027  deemed to have given expressed his or her consent to the
 1028  provisions of this section.
 1029         3. A warning of the consent provisions provision of this
 1030  section shall be printed on each new or renewed driver driver’s
 1031  license.
 1032         (f)1. The tests determining the amount weight of alcohol in
 1033  a person’s the defendant’s blood or breath shall be administered
 1034  at the request of a law enforcement officer substantially in
 1035  accordance with rules of the Department of Law Enforcement. Such
 1036  rules must specify precisely the alcohol test or tests that are
 1037  approved by the Department of Law Enforcement for reliability of
 1038  result and ease of administration, and must provide an approved
 1039  procedure method of administration which must be followed in all
 1040  such tests given under this section. However, the failure of a
 1041  law enforcement officer to request the withdrawal of blood does
 1042  not affect the admissibility of a test of blood withdrawn for
 1043  medical purposes.
 1044         2.a. Only a physician, certified paramedic, registered
 1045  nurse, licensed practical nurse, other personnel authorized by a
 1046  hospital to draw blood, or duly licensed clinical laboratory
 1047  director, supervisor, technologist, or technician, acting at the
 1048  request of a law enforcement officer, may withdraw blood to
 1049  determine for the purpose of determining its alcohol
 1050  concentration alcoholic content or the presence of a chemical
 1051  substances or controlled substance substances therein. However,
 1052  the failure of a law enforcement officer to request the
 1053  withdrawal of blood does not affect the admissibility of a test
 1054  of blood withdrawn for medical purposes.
 1055         b. Notwithstanding any provision of law pertaining to the
 1056  confidentiality of hospital records or other medical records, if
 1057  a health care provider, who is providing medical care in a
 1058  health care facility to a person injured in a motor vehicle
 1059  crash, becomes aware, as a result of a any blood test performed
 1060  in the course of that medical treatment, that the person’s
 1061  alcohol concentration blood-alcohol level meets or exceeds the
 1062  concentration proscribed blood-alcohol level specified in s.
 1063  316.193(1)(b), the health care provider may notify a any law
 1064  enforcement officer or law enforcement agency. Any such notice
 1065  must be given within a reasonable time after the health care
 1066  provider receives the test result. Any such notice shall be used
 1067  only for the purpose of providing the law enforcement officer
 1068  with reasonable cause to request the withdrawal of a blood
 1069  sample pursuant to this section.
 1070         c. The notice shall consist only of the name of the person
 1071  being treated, the name of the person who drew the blood, the
 1072  alcohol concentration blood-alcohol level indicated by the test,
 1073  and the date and time of the administration of the test.
 1074         d. Nothing contained in s. 395.3025(4), s. 456.057, or any
 1075  applicable practice act affects the authority to provide notice
 1076  under this section, and the health care provider is not
 1077  considered to have breached any duty owed to the person under s.
 1078  395.3025(4), s. 456.057, or any applicable practice act by
 1079  providing notice or failing to provide notice. It is not deemed
 1080  shall not be a breach of an any ethical, moral, or legal duty
 1081  for a health care provider to provide notice or fail to provide
 1082  notice.
 1083         e. A civil, criminal, or administrative action may not be
 1084  brought against a any person or health care provider
 1085  participating in good faith in the provision of notice or
 1086  failing failure to provide notice as provided in this section. A
 1087  Any person or health care provider participating in the
 1088  provision of notice or failing failure to provide notice as
 1089  provided in this section is shall be immune from any civil or
 1090  criminal liability and from any professional disciplinary action
 1091  with respect to the provision of notice or failure to provide
 1092  notice under this section. Any such participant has the same
 1093  immunity with respect to participating in any judicial
 1094  proceedings resulting from the notice or failure to provide
 1095  notice.
 1096         3. The person tested may, at his or her own expense, have a
 1097  physician, registered nurse, other personnel authorized by a
 1098  hospital to draw blood, or duly licensed clinical laboratory
 1099  director, supervisor, technologist, or technician, or other
 1100  person of his or her own choosing administer an independent test
 1101  in addition to the test administered at the direction of the law
 1102  enforcement officer to determine for the purpose of determining
 1103  the amount of alcohol in the person’s blood or breath or the
 1104  presence of a chemical substances or controlled substance
 1105  substances at the time alleged, as shown by chemical analysis of
 1106  his or her blood or urine, or by chemical or physical test of
 1107  his or her breath. The failure or inability to obtain an
 1108  independent test by a person does not preclude the admissibility
 1109  in evidence of the test taken at the direction of the law
 1110  enforcement officer. The law enforcement officer may shall not
 1111  interfere with the person’s opportunity to obtain the
 1112  independent test and shall provide the person with timely
 1113  telephone access to secure the test, but the burden is on the
 1114  person to arrange and secure the test at his or her the person’s
 1115  own expense.
 1116         4. Upon the request of the person tested, full information
 1117  concerning the results of the test taken at the direction of the
 1118  law enforcement officer shall be made available to the person or
 1119  his or her attorney. Full information is limited to the
 1120  following:
 1121         a. The type of test administered and the procedures
 1122  followed.
 1123         b. The time of the collection of the blood or breath sample
 1124  analyzed.
 1125         c. The numerical results of the test indicating the alcohol
 1126  concentration content of the blood or and breath.
 1127         d. The type and status of any permit issued by the
 1128  Department of Law Enforcement which was held by the person who
 1129  performed the test.
 1130         e. If the test was administered by means of a breath test
 1131  testing instrument, the date of performance of the most recent
 1132  required inspection of the such instrument.
 1133  
 1134  Full information does not include manuals, schematics, or
 1135  software of the instrument used to test the person or any other
 1136  material that is not in the actual possession of the state.
 1137  Additionally, full information does not include information in
 1138  the possession of the manufacturer of the test instrument.
 1139         5. A hospital, clinical laboratory, medical clinic, or
 1140  similar medical institution; a or physician, certified
 1141  paramedic, registered nurse, licensed practical nurse, or other
 1142  personnel authorized by a hospital to draw blood; a, or duly
 1143  licensed clinical laboratory director, supervisor, technologist,
 1144  or technician;, or any other person assisting a law enforcement
 1145  officer does not incur any civil or criminal liability as a
 1146  result of the withdrawal or analysis of a blood or urine
 1147  specimen, or the chemical or physical test of a person’s breath
 1148  pursuant to accepted medical standards when requested by a law
 1149  enforcement officer, regardless of whether or not the subject
 1150  resisted the administration of the test.
 1151         (2) The results of a any test administered pursuant to this
 1152  section to detect for the purpose of detecting the presence of a
 1153  any controlled substance are shall not be admissible as evidence
 1154  in a criminal prosecution for the possession of a controlled
 1155  substance.
 1156         (3) Notwithstanding any provision of law pertaining to the
 1157  confidentiality of hospital records or other medical records,
 1158  information relating to the alcohol concentration alcoholic
 1159  content of the blood or breath or the presence of a chemical
 1160  substances or controlled substance substances in the blood or
 1161  urine obtained pursuant to this section shall be released to a
 1162  court, prosecuting attorney, defense attorney, or law
 1163  enforcement officer in connection with an alleged violation of
 1164  s. 316.193 upon request for such information.
 1165         Section 11. Paragraph (a) of subsection (1) and paragraph
 1166  (a) of subsection (2) of section 316.1933, Florida Statutes, are
 1167  amended to read:
 1168         316.1933 Blood test for impairment or intoxication in cases
 1169  of death or serious bodily injury; right to use reasonable
 1170  force.—
 1171         (1)(a) If a law enforcement officer has probable cause to
 1172  believe that a motor vehicle driven by or in the actual physical
 1173  control of a person who is impaired by an under the influence of
 1174  alcoholic beverage beverages, a any chemical substance
 1175  substances, or a any controlled substance substances has caused
 1176  the death or serious bodily injury of a human being, the a law
 1177  enforcement officer shall require the person driving or in
 1178  actual physical control of the motor vehicle to submit to a
 1179  blood test to determine of the person’s blood for the purpose of
 1180  determining the alcohol concentration alcoholic content thereof
 1181  or the presence of a chemical substance substances as set forth
 1182  in s. 877.111 or a controlled any substance as defined in
 1183  controlled under chapter 893 or the Code of Federal Regulations
 1184  as of July 1, 2014, or as in effect upon the date of the most
 1185  recent readoption of this section under s. 11.2421 before the
 1186  offense. The law enforcement officer may use reasonable force if
 1187  necessary to require the such person to submit to the
 1188  administration of the blood test. The blood test shall be
 1189  performed in a reasonable manner. Notwithstanding s. 316.1932,
 1190  the testing required by this paragraph need not be incidental to
 1191  a lawful arrest of the person.
 1192         (2)(a) Only a physician, certified paramedic, registered
 1193  nurse, licensed practical nurse, other personnel authorized by a
 1194  hospital to draw blood, or duly licensed clinical laboratory
 1195  director, supervisor, technologist, or technician, acting at the
 1196  request of a law enforcement officer, may withdraw blood to
 1197  determine for the purpose of determining the alcohol
 1198  concentration alcoholic content thereof or the presence of
 1199  chemical substances or controlled substances therein. However,
 1200  the failure of a law enforcement officer to request the
 1201  withdrawal of blood does shall not affect the admissibility of a
 1202  test of blood withdrawn for medical purposes.
 1203         1. Notwithstanding any provision of law pertaining to the
 1204  confidentiality of hospital records or other medical records, if
 1205  a health care provider, who is providing medical care in a
 1206  health care facility to a person injured in a motor vehicle
 1207  crash, becomes aware, as a result of any blood test performed in
 1208  the course of that medical treatment, that the person’s alcohol
 1209  concentration blood-alcohol level meets or exceeds the
 1210  concentration proscribed blood-alcohol level specified in s.
 1211  316.193(1)(b), the health care provider may notify any law
 1212  enforcement officer or law enforcement agency. Any such notice
 1213  must be given within a reasonable time after the health care
 1214  provider receives the test result. Any such notice must only
 1215  shall be used only for the purpose of providing the law
 1216  enforcement officer with reasonable cause to request the
 1217  withdrawal of a blood sample pursuant to this section.
 1218         2. The notice shall consist only of the name of the person
 1219  being treated, the name of the person who drew the blood, the
 1220  alcohol concentration blood-alcohol level indicated by the test,
 1221  and the date and time of the administration of the test.
 1222         3. Nothing contained in s. 395.3025(4), s. 456.057, or any
 1223  applicable practice act affects the authority to provide notice
 1224  under this section, and the health care provider is not
 1225  considered to have breached any duty owed to the person under s.
 1226  395.3025(4), s. 456.057, or any applicable practice act by
 1227  providing notice or failing to provide notice. It is shall not
 1228  be a breach of any ethical, moral, or legal duty for a health
 1229  care provider to provide notice or fail to provide notice.
 1230         4. A civil, criminal, or administrative action may not be
 1231  brought against any person or health care provider participating
 1232  in good faith in the provision of notice or failure to provide
 1233  notice as provided in this section. Any person or health care
 1234  provider participating in the provision of notice or failure to
 1235  provide notice as provided in this section is shall be immune
 1236  from any civil or criminal liability and from any professional
 1237  disciplinary action with respect to the provision of notice or
 1238  failure to provide notice under this section. Any such
 1239  participant has the same immunity with respect to participating
 1240  in any judicial proceedings resulting from the notice or failure
 1241  to provide notice.
 1242         Section 12. Subsections (1) and (2) of section 316.1934,
 1243  Florida Statutes, are amended to read:
 1244         316.1934 Presumption of impairment; testing methods.—
 1245         (1) It is unlawful and punishable as provided in chapter
 1246  322 and in s. 316.193 for a any person who is impaired by an
 1247  under the influence of alcoholic beverage beverages or a
 1248  controlled substance substances, when affected to the extent
 1249  that the person’s normal faculties are impaired or to the extent
 1250  that the person is deprived of full possession of normal
 1251  faculties, to drive or be in actual physical control of a any
 1252  motor vehicle within this state. Such normal faculties include,
 1253  but are not limited to, the ability to see, hear, walk, talk,
 1254  judge distances, drive an automobile, make judgments, act in
 1255  emergencies, and, in general, normally perform the many mental
 1256  and physical acts of daily life.
 1257         (2) At the trial of any civil or criminal action or
 1258  proceeding arising out of an act acts alleged to have been
 1259  committed by a any person while driving, or in actual physical
 1260  control of, a vehicle while impaired under the influence of
 1261  alcoholic beverages or controlled substances, when affected to
 1262  the extent that the person’s normal faculties were impaired or
 1263  to the extent that he or she was deprived of full possession of
 1264  his or her normal faculties, the results of any test
 1265  administered in accordance with s. 316.1932 or s. 316.1933 and
 1266  this section are admissible into evidence when otherwise
 1267  admissible, and the amount of alcohol in the person’s blood or
 1268  breath at the time alleged, as shown by chemical analysis of the
 1269  person’s blood, or by chemical or physical test of the person’s
 1270  breath, gives rise to the following presumptions:
 1271         (a) If the person’s alcohol concentration was there was at
 1272  that time a blood-alcohol level or breath-alcohol level of 0.05
 1273  or less, it is presumed that the person was not impaired by an
 1274  under the influence of alcoholic beverage beverages to the
 1275  extent that his or her normal faculties were impaired.
 1276         (b) If the person’s alcohol concentration exceeded there
 1277  was at that time a blood-alcohol level or breath-alcohol level
 1278  in excess of 0.05 but was less than 0.08, that fact does not
 1279  give rise to any presumption that the person was or was not
 1280  impaired by an under the influence of alcoholic beverage
 1281  beverages to the extent that his or her normal faculties were
 1282  impaired but may be considered with other competent evidence in
 1283  determining whether the person was impaired by an under the
 1284  influence of alcoholic beverage beverages to the extent that his
 1285  or her normal faculties were impaired.
 1286         (c) If the person’s alcohol concentration was there was at
 1287  that time a blood-alcohol level or breath-alcohol level of 0.08
 1288  or higher, that fact is prima facie evidence that the person was
 1289  impaired by an under the influence of alcoholic beverage
 1290  beverages to the extent that his or her normal faculties were
 1291  impaired. Moreover, a such person who has an alcohol
 1292  concentration a blood-alcohol level or breath-alcohol level of
 1293  0.08 or higher commits the offense is guilty of driving, or
 1294  being in actual physical control of, a motor vehicle, with an
 1295  unlawful alcohol concentration blood-alcohol level or breath
 1296  alcohol level.
 1297  
 1298  The presumptions provided in this subsection do not limit the
 1299  introduction of any other competent evidence bearing upon the
 1300  question of whether the person was impaired by an under the
 1301  influence of alcoholic beverage beverages to the extent that his
 1302  or her normal faculties were impaired.
 1303         Section 13. Subsection (1) of section 316.1937, Florida
 1304  Statutes, is amended to read:
 1305         316.1937 Ignition interlock devices, requiring; unlawful
 1306  acts.—
 1307         (1) In addition to any other authorized penalty penalties,
 1308  the court may require that a any person who is convicted of
 1309  driving while impaired under the influence in violation of s.
 1310  316.193 shall not operate a motor vehicle unless the that
 1311  vehicle is equipped with a functioning ignition interlock device
 1312  certified by the department as provided in s. 316.1938, and
 1313  installed in such a manner that the vehicle will not start if
 1314  the operator’s alcohol concentration exceeds blood alcohol level
 1315  is in excess of 0.025 percent or as otherwise specified by the
 1316  court. The court may require the use of an approved ignition
 1317  interlock device for a period of at least 6 continuous months,
 1318  if the person is permitted to operate a motor vehicle,
 1319  regardless of whether or not the privilege to operate a motor
 1320  vehicle is restricted, as determined by the court. The court,
 1321  however, shall order placement of an ignition interlock device
 1322  in those circumstances required by s. 316.193.
 1323         Section 14. Subsection (1) of section 316.1939, Florida
 1324  Statutes, is amended to read:
 1325         316.1939 Refusal to submit to testing; penalties.—
 1326         (1) A Any person who has refused to submit to a chemical or
 1327  physical test of his or her breath, blood, or urine, as
 1328  described in s. 316.1932, and whose driving privilege was
 1329  previously suspended for a prior refusal to submit to a lawful
 1330  breath, blood, or urine test of his or her breath, urine, or
 1331  blood, and:
 1332         (a) Who the arresting law enforcement officer had probable
 1333  cause to believe was driving or in actual physical control of a
 1334  motor vehicle in this state while impaired by an under the
 1335  influence of alcoholic beverage beverages, chemical substance
 1336  substances, or controlled substance substances;
 1337         (b) Who was placed under lawful arrest for a violation of
 1338  s. 316.193 unless such test was requested pursuant to s.
 1339  316.1932(1)(c);
 1340         (c) Who was informed that, if he or she refused to submit
 1341  to such test, his or her privilege to operate a motor vehicle
 1342  would be suspended for a period of 1 year or, in the case of a
 1343  second or subsequent refusal, for a period of 18 months;
 1344         (d) Who was informed that a refusal to submit to a lawful
 1345  breath, blood, or urine test of his or her breath, urine, or
 1346  blood, if his or her driving privilege has been previously
 1347  suspended for a prior refusal to submit to a lawful breath,
 1348  blood, or urine test of his or her breath, urine, or blood, is a
 1349  misdemeanor; and
 1350         (e) Who, after having been so informed, refused to submit
 1351  to any such test when requested to do so by a law enforcement
 1352  officer or correctional officer
 1353  
 1354  commits a misdemeanor of the first degree, punishable and is
 1355  subject to punishment as provided in s. 775.082 or s. 775.083.
 1356         Section 15. Subsection (5) of section 318.143, Florida
 1357  Statutes, is amended to read:
 1358         318.143 Sanctions for infractions by minors.—
 1359         (5) A minor who is arrested for a violation of s. 316.193
 1360  may be released from custody as soon as:
 1361         (a) The minor is no longer impaired by an under the
 1362  influence of alcoholic beverage beverages, a of any chemical
 1363  substance set forth in s. 877.111, or a of any substance
 1364  controlled substance as defined in under chapter 893 or the Code
 1365  of Federal Regulations as of July 1, 2014, or as in effect upon
 1366  the date of the most recent readoption of this section under s.
 1367  11.2421 before the offense, and is not affected to the extent
 1368  that his or her normal faculties are impaired;
 1369         (b) The minor’s alcohol concentration blood-alcohol level
 1370  is less than 0.05 percent; or
 1371         (c) Six hours have elapsed after the minor’s arrest.
 1372         Section 16. Section 318.17, Florida Statutes, is amended to
 1373  read:
 1374         318.17 Offenses excepted.—The provisions No provision of
 1375  this chapter are not is available to a person who is charged
 1376  with any of the following offenses:
 1377         (1) Fleeing or attempting to elude a police officer, in
 1378  violation of s. 316.1935;
 1379         (2) Leaving the scene of a crash, in violation of ss.
 1380  316.027 and 316.061;
 1381         (3) Driving, or being in actual physical control of, a any
 1382  vehicle while impaired by an under the influence of alcoholic
 1383  beverage beverages, a any chemical substance set forth in s.
 1384  877.111, or a any substance controlled substance as defined in
 1385  under chapter 893 or the Code of Federal Regulations as of July
 1386  1, 2014, or as in effect upon the date of the most recent
 1387  readoption of this section under s. 11.2421 before the offense,
 1388  in violation of s. 316.193, or driving with an unlawful alcohol
 1389  concentration blood-alcohol level;
 1390         (4) Reckless driving, in violation of s. 316.192;
 1391         (5) Making a false crash report reports, in violation of s.
 1392  316.067;
 1393         (6) Willfully failing or refusing to comply with a any
 1394  lawful order or direction of a any police officer or member of
 1395  the fire department, in violation of s. 316.072(3);
 1396         (7) Obstructing an officer, in violation of s. 316.545(1);
 1397  or
 1398         (8) Any other offense in chapter 316 which is classified as
 1399  a criminal violation.
 1400         Section 17. Paragraph (c) of subsection (1) of section
 1401  320.055, Florida Statutes, is amended to read:
 1402         320.055 Registration periods; renewal periods.—The
 1403  following registration periods and renewal periods are
 1404  established:
 1405         (1)
 1406         (c) Notwithstanding the requirements of paragraph (a), the
 1407  owner of a motor vehicle subject to paragraph (a) who has had
 1408  his or her driver driver’s license suspended pursuant to a
 1409  violation of s. 316.193 or pursuant to s. 322.26(2) for driving
 1410  while impaired under the influence must obtain a 6-month
 1411  registration as a condition of reinstating the license, subject
 1412  to renewal during the 3-year period that financial
 1413  responsibility requirements apply. The registration period
 1414  begins the first day of the birth month of the owner and ends
 1415  the last day of the fifth month immediately following the
 1416  owner’s birth month. For such vehicles, the department shall
 1417  issue a vehicle registration certificate that is valid for 6
 1418  months and shall issue a validation sticker that displays an
 1419  expiration date of 6 months after the date of issuance. The
 1420  license tax required by s. 320.08 and all other applicable
 1421  license taxes shall be one-half of the amount otherwise
 1422  required, except that the service charge required by s. 320.04
 1423  shall be paid in full for each 6-month registration. A vehicle
 1424  required to be registered under this paragraph is not eligible
 1425  for the extended registration period under paragraph (b).
 1426         Section 18. Paragraph (d) of subsection (5) of section
 1427  320.08, Florida Statutes, is amended to read:
 1428         320.08 License taxes.—Except as otherwise provided herein,
 1429  there are hereby levied and imposed annual license taxes for the
 1430  operation of motor vehicles, mopeds, motorized bicycles as
 1431  defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
 1432  and mobile homes, as defined in s. 320.01, which shall be paid
 1433  to and collected by the department or its agent upon the
 1434  registration or renewal of registration of the following:
 1435         (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
 1436  SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
 1437         (d) A wrecker, as defined in s. 320.01, which is used to
 1438  tow a vessel as defined in s. 327.02(39), a disabled, abandoned,
 1439  stolen-recovered, or impounded motor vehicle as defined in s.
 1440  320.01, or a replacement motor vehicle as defined in s. 320.01:
 1441  $41 flat, of which $11 shall be deposited into the General
 1442  Revenue Fund.
 1443         Section 19. Subsections (3) and (4) of section 322.12,
 1444  Florida Statutes, are amended to read:
 1445         322.12 Examination of applicants.—
 1446         (3) For an applicant for a Class E driver driver’s license,
 1447  the such examination must shall include a test of the
 1448  applicant’s eyesight given by the driver driver’s license
 1449  examiner designated by the department or by a licensed
 1450  ophthalmologist, optometrist, or physician and a test of the
 1451  applicant’s hearing given by a driver driver’s license examiner
 1452  or a licensed physician. The examination must shall also include
 1453  a test of the applicant’s ability to read and understand highway
 1454  signs regulating, warning, and directing traffic; his or her
 1455  knowledge of the traffic laws of this state, including laws
 1456  regulating driving while impaired by under the influence of
 1457  alcohol or a controlled substance substances, driving with an
 1458  unlawful alcohol concentration blood-alcohol level, and driving
 1459  while intoxicated; and his or her knowledge of the effects of
 1460  alcohol and controlled substances upon persons and the dangers
 1461  of driving a motor vehicle while impaired by under the influence
 1462  of alcohol or a controlled substance substances and must shall
 1463  include an actual demonstration of the applicant’s ability to
 1464  exercise ordinary and reasonable control in the operation of a
 1465  motor vehicle.
 1466         (4) The examination for an applicant for a commercial
 1467  driver driver’s license must shall include a test of the
 1468  applicant’s eyesight given by a driver driver’s license examiner
 1469  designated by the department or by a licensed ophthalmologist,
 1470  optometrist, or physician and a test of the applicant’s hearing
 1471  given by a driver driver’s license examiner or a licensed
 1472  physician. The examination must shall also include a test of the
 1473  applicant’s ability to read and understand highway signs
 1474  regulating, warning, and directing traffic; his or her knowledge
 1475  of the traffic laws of this state pertaining to the class of
 1476  motor vehicle which he or she is applying to be licensed to
 1477  operate, including laws regulating driving while impaired by
 1478  under the influence of alcohol or a controlled substance
 1479  substances, driving with an unlawful alcohol concentration
 1480  blood-alcohol level, and driving while intoxicated; his or her
 1481  knowledge of the effects of alcohol and controlled substances
 1482  and the dangers of driving a motor vehicle after having consumed
 1483  alcohol or a controlled substance substances; and his or her
 1484  knowledge of any special skills, requirements, or precautions
 1485  necessary for the safe operation of the class of vehicle which
 1486  he or she is applying to be licensed to operate. In addition,
 1487  the examination must shall include an actual demonstration of
 1488  the applicant’s ability to exercise ordinary and reasonable
 1489  control in the safe operation of a motor vehicle or combination
 1490  of vehicles of the type covered by the license classification
 1491  which the applicant is seeking, including an examination of the
 1492  applicant’s ability to perform an inspection of his or her
 1493  vehicle.
 1494         (a) The portion of the examination which tests an
 1495  applicant’s safe driving ability shall be administered by the
 1496  department or by an entity authorized by the department to
 1497  administer such examination, pursuant to s. 322.56. Such
 1498  examination shall be administered at a location approved by the
 1499  department.
 1500         (b) A person who seeks to retain a hazardous-materials
 1501  endorsement must, upon renewal, pass the test for such
 1502  endorsement as specified in s. 322.57(1)(d), if the person has
 1503  not taken and passed the hazardous-materials test within 2 years
 1504  preceding his or her application for a commercial driver
 1505  driver’s license in this state.
 1506         Section 20. Subsection (5) of section 322.25, Florida
 1507  Statutes, is amended to read:
 1508         322.25 When court to forward license to department and
 1509  report convictions.—
 1510         (5) For the purpose of this chapter, the entrance of a plea
 1511  of nolo contendere by the defendant to a charge of driving while
 1512  intoxicated, driving while impaired under the influence, driving
 1513  with an unlawful alcohol concentration blood-alcohol level, or
 1514  any other alcohol-related or drug-related traffic offense
 1515  similar to the offenses specified in s. 316.193, accepted by the
 1516  court and under which plea the court has entered a fine or
 1517  sentence, whether in this state or any other state or country,
 1518  shall be equivalent to a conviction.
 1519         Section 21. Subsection (2) of section 322.26, Florida
 1520  Statutes, is amended to read:
 1521         322.26 Mandatory revocation of license by department.—The
 1522  department shall forthwith revoke the license or driving
 1523  privilege of any person upon receiving a record of such person’s
 1524  conviction of any of the following offenses:
 1525         (2) Driving a motor vehicle or being in actual physical
 1526  control thereof, or entering a plea of nolo contendere, said
 1527  plea being accepted by the court and said court entering a fine
 1528  or sentence to a charge of driving, while impaired by an under
 1529  the influence of alcoholic beverage beverages or a substance
 1530  controlled substance as defined in under chapter 893 or the Code
 1531  of Federal Regulations as of July 1, 2014, or as in effect upon
 1532  the date of the most recent readoption of this section under s.
 1533  11.2421 before the offense, or being in actual physical control
 1534  of a motor vehicle while under the influence of an alcoholic
 1535  beverage beverages or a substance controlled substance as
 1536  defined in under chapter 893 or the Code of Federal Regulations
 1537  as of July 1, 2014, or as in effect upon the date of the most
 1538  recent readoption of this section under s. 11.2421 before the
 1539  offense. If In any case where DUI manslaughter occurs and the
 1540  person has no prior conviction convictions for a DUI-related
 1541  offense offenses, the revocation of the license or driving
 1542  privilege is shall be permanent, except as provided for in s.
 1543  322.271(4).
 1544         Section 22. Paragraph (a) of subsection (2) and subsection
 1545  (7) of section 322.2615, Florida Statutes, are amended to read:
 1546         322.2615 Suspension of license; right to review.—
 1547         (2)(a) Except as provided in paragraph (1)(a), the law
 1548  enforcement officer shall forward to the department, within 5
 1549  days after issuing the notice of suspension, the driver license;
 1550  an affidavit stating the officer’s grounds for belief that the
 1551  person was driving or was in actual physical control of a motor
 1552  vehicle while impaired by an under the influence of alcoholic
 1553  beverage beverages or a chemical or controlled substance
 1554  substances; the results of any breath or blood test or an
 1555  affidavit stating that a breath, blood, or urine test was
 1556  requested by a law enforcement officer or correctional officer
 1557  and that the person refused to submit; the officer’s description
 1558  of the person’s field sobriety test, if any; and the notice of
 1559  suspension. The failure of the officer to submit materials
 1560  within the 5-day period specified in this subsection and in
 1561  subsection (1) does not affect the department’s ability to
 1562  consider any evidence submitted at or before prior to the
 1563  hearing.
 1564         (7) In a formal review hearing under subsection (6) or an
 1565  informal review hearing under subsection (4), the hearing
 1566  officer shall determine by a preponderance of the evidence
 1567  whether sufficient cause exists to sustain, amend, or invalidate
 1568  the suspension. The scope of the review is shall be limited to
 1569  the following issues:
 1570         (a) If the license was suspended for driving with an
 1571  unlawful alcohol concentration blood-alcohol level or breath
 1572  alcohol level of 0.08 or higher:
 1573         1. Whether the law enforcement officer had probable cause
 1574  to believe that the person whose license was suspended was
 1575  driving or was in actual physical control of a motor vehicle in
 1576  this state while impaired by an under the influence of alcoholic
 1577  beverage beverages or a chemical or controlled substance
 1578  substances.
 1579         2. Whether the person whose license was suspended had an
 1580  unlawful alcohol concentration blood-alcohol level or breath
 1581  alcohol level of 0.08 or higher as provided in s. 316.193.
 1582         (b) If the license was suspended for refusal to submit to a
 1583  breath, blood, or urine test:
 1584         1. Whether the law enforcement officer had probable cause
 1585  to believe that the person whose license was suspended was
 1586  driving or was in actual physical control of a motor vehicle in
 1587  this state while impaired by an under the influence of alcoholic
 1588  beverage beverages or a chemical or controlled substance
 1589  substances.
 1590         2. Whether the person whose license was suspended refused
 1591  to submit to any such test after being requested to do so by a
 1592  law enforcement officer or correctional officer.
 1593         3. Whether the person whose license was suspended was told
 1594  that if he or she refused to submit to such test, his or her
 1595  privilege to operate a motor vehicle would be suspended for a
 1596  period of 1 year or, in the case of a second or subsequent
 1597  refusal, for a period of 18 months.
 1598         Section 23. Paragraph (b) of subsection (1) of section
 1599  322.2616, Florida Statutes, is amended to read:
 1600         322.2616 Suspension of license; persons under 21 years of
 1601  age; right to review.—
 1602         (1)
 1603         (b) A law enforcement officer who has probable cause to
 1604  believe that a motor vehicle is being driven by or is in the
 1605  actual physical control of a person who is under the age of 21
 1606  and who is impaired by or while under the influence of an
 1607  alcoholic beverage beverages or who has any alcohol
 1608  concentration blood-alcohol or breath-alcohol level may lawfully
 1609  detain such a person and may request that the person to submit
 1610  to a test to determine his or her alcohol concentration blood
 1611  alcohol or breath-alcohol level.
 1612         Section 24. Paragraph (d) of subsection (2) and subsection
 1613  (7) of section 322.271, Florida Statutes, are amended to read:
 1614         322.271 Authority to modify revocation, cancellation, or
 1615  suspension order.—
 1616         (2) At such hearing, the person whose license has been
 1617  suspended, canceled, or revoked may show that such suspension,
 1618  cancellation, or revocation causes a serious hardship and
 1619  precludes the person from carrying out his or her normal
 1620  business occupation, trade, or employment and that the use of
 1621  the person’s license in the normal course of his or her business
 1622  is necessary to the proper support of the person or his or her
 1623  family.
 1624         (d) For the purpose of this section, a previous conviction
 1625  of driving while impaired, driving under the influence, driving
 1626  while intoxicated, driving with an unlawful alcohol
 1627  concentration, driving with an unlawful blood-alcohol level, or
 1628  any other similar alcohol-related or drug-related offense
 1629  outside this state or a previous conviction of former s.
 1630  316.1931, former s. 316.028, or former s. 860.01 is considered a
 1631  previous conviction for violation of s. 316.193.
 1632         (7) Notwithstanding the provisions of s. 322.2615(10)(a)
 1633  and (b), a person who has never previously had a driver license
 1634  suspended under s. 322.2615, who has never been disqualified
 1635  under s. 322.64, who has never been convicted of a violation of
 1636  s. 316.193, and whose driving privilege is now suspended under
 1637  s. 322.2615 is eligible for a restricted driving privilege
 1638  pursuant to a hearing under subsection (2).
 1639         (a) For purposes of this subsection, a previous conviction
 1640  outside of this state for driving under the influence, driving
 1641  while intoxicated, driving with an unlawful blood-alcohol level
 1642  or alcohol concentration, driving while impaired, or any other
 1643  alcohol-related or drug-related traffic offense similar to the
 1644  offense of driving while impaired under the influence as
 1645  provided in s. 316.193 will be considered a previous conviction
 1646  for a violation of s. 316.193, and a conviction for violation of
 1647  former s. 316.028, former s. 316.1931, or former s. 860.01 is
 1648  considered a conviction for a violation of s. 316.193.
 1649         (b) The reinstatement shall be restricted to business
 1650  purposes only, as defined in this section, for the duration of
 1651  the suspension imposed under s. 322.2615.
 1652         (c) Acceptance of the reinstated driving privilege as
 1653  provided in this subsection is deemed a waiver of the right to
 1654  formal and informal review under s. 322.2615. The waiver may not
 1655  be used as evidence in any other proceeding.
 1656         Section 25. Section 322.2715, Florida Statutes, is amended
 1657  to read:
 1658         322.2715 Ignition interlock device.—
 1659         (1) Before issuing a permanent or restricted driver license
 1660  under this chapter, the department shall require the placement
 1661  of a department-approved ignition interlock device for any
 1662  person convicted of committing an offense of driving while
 1663  impaired under the influence as specified in subsection (3),
 1664  except that consideration may be given to those individuals
 1665  having a documented medical condition that would prohibit the
 1666  device from functioning normally. If a medical waiver has been
 1667  granted for a convicted person seeking a restricted license, the
 1668  convicted person shall not be entitled to a restricted license
 1669  until the required ignition interlock device installation period
 1670  under subsection (3) expires, in addition to the time
 1671  requirements under s. 322.271. If a medical waiver has been
 1672  approved for a convicted person seeking permanent reinstatement
 1673  of the driver license, the convicted person must be restricted
 1674  to an employment-purposes-only license and be supervised by a
 1675  licensed DUI program until the required ignition interlock
 1676  device installation period under subsection (3) expires. An
 1677  interlock device shall be placed on all vehicles that are
 1678  individually or jointly leased or owned and routinely operated
 1679  by the convicted person.
 1680         (2) For purposes of this section, any conviction for a
 1681  violation of s. 316.193, a previous conviction for a violation
 1682  of former s. 316.1931, or a conviction outside this state for
 1683  driving while impaired, driving under the influence, driving
 1684  while intoxicated, driving with an unlawful alcohol
 1685  concentration, driving with an unlawful blood-alcohol level, or
 1686  any other similar alcohol-related or drug-related traffic
 1687  offense is a conviction of driving while impaired under the
 1688  influence.
 1689         (3) If the person is convicted of:
 1690         (a) A first offense of driving while impaired under the
 1691  influence under s. 316.193 and has an unlawful alcohol
 1692  concentration blood-alcohol level or breath-alcohol level as
 1693  specified in s. 316.193(4), or if a person is convicted of a
 1694  violation of s. 316.193 and was at the time of the offense
 1695  accompanied in the vehicle by a person younger than 18 years of
 1696  age, the person shall have the ignition interlock device
 1697  installed for at least 6 continuous months for the first offense
 1698  and for at least 2 continuous years for a second offense.
 1699         (b) A second offense of driving while impaired or under the
 1700  influence, the ignition interlock device shall be installed for
 1701  a period of at least 1 continuous year.
 1702         (c) A third offense of driving while impaired or under the
 1703  influence which occurs within 10 years after a prior conviction
 1704  for a violation of s. 316.193, the ignition interlock device
 1705  shall be installed for a period of at least 2 continuous years.
 1706         (d) A third offense of driving while impaired or under the
 1707  influence which occurs more than 10 years after the date of a
 1708  prior conviction, the ignition interlock device shall be
 1709  installed for a period of at least 2 continuous years.
 1710         (e) A fourth or subsequent offense of driving while
 1711  impaired or under the influence, the ignition interlock device
 1712  shall be installed for a period of at least 5 years.
 1713         (4) If the court fails to order the mandatory placement of
 1714  the ignition interlock device or fails to order for the
 1715  applicable period the mandatory placement of an ignition
 1716  interlock device under s. 316.193 or s. 316.1937 at the time of
 1717  imposing sentence or within 30 days thereafter, the department
 1718  shall immediately require that the ignition interlock device be
 1719  installed as provided in this section, except that consideration
 1720  may be given to those individuals having a documented medical
 1721  condition that would prohibit the device from functioning
 1722  normally. This subsection applies to the reinstatement of the
 1723  driving privilege following a revocation, suspension, or
 1724  cancellation that is based upon a conviction for the offense of
 1725  driving while impaired or under the influence which occurs on or
 1726  after July 1, 2005.
 1727         (5) In addition to any fee fees authorized by rule for the
 1728  installation and maintenance of the ignition interlock device,
 1729  the authorized installer of the device shall collect and remit
 1730  $12 for each installation to the department, which shall be
 1731  deposited into the Highway Safety Operating Trust Fund to be
 1732  used for the operation of the Ignition Interlock Device Program.
 1733         Section 26. Subsection (1) and paragraphs (a), (c), and (d)
 1734  of subsection (2) of section 322.28, Florida Statutes, are
 1735  amended to read:
 1736         322.28 Period of suspension or revocation.—
 1737         (1) Unless otherwise provided by this section, the
 1738  department may shall not suspend a license for a period of more
 1739  than 1 year and, upon revoking a license, in any case except in
 1740  a prosecution for the offense of driving a motor vehicle while
 1741  impaired by an under the influence of alcoholic beverage
 1742  beverages, a chemical substance substances as set forth in s.
 1743  877.111, or a controlled substance substances, may shall not in
 1744  any event grant a new license until the expiration of 1 year
 1745  after such revocation.
 1746         (2) In a prosecution for a violation of s. 316.193 or
 1747  former s. 316.1931, the following provisions apply:
 1748         (a) Upon conviction of the driver, the court, along with
 1749  imposing sentence, shall revoke the driver license or driving
 1750  privilege of the person so convicted, effective on the date of
 1751  conviction, and shall prescribe the period of such revocation in
 1752  accordance with the following provisions:
 1753         1. Upon a first conviction for a violation of the
 1754  provisions of s. 316.193, except a violation resulting in death,
 1755  the driver license or driving privilege shall be revoked for at
 1756  least 180 days but not more than 1 year.
 1757         2. Upon a second conviction for an offense that occurs
 1758  within a period of 5 years after the date of a prior conviction
 1759  for a violation of the provisions of s. 316.193 or former s.
 1760  316.1931 or a combination of these such sections, the driver
 1761  license or driving privilege shall be revoked for at least 5
 1762  years.
 1763         3. Upon a third conviction for an offense that occurs
 1764  within a period of 10 years after the date of a prior conviction
 1765  for the violation of the provisions of s. 316.193 or former s.
 1766  316.1931 or a combination of these such sections, the driver
 1767  license or driving privilege shall be revoked for at least 10
 1768  years.
 1769  
 1770  For the purposes of this paragraph, a previous conviction
 1771  outside this state for driving under the influence, driving
 1772  while impaired, driving while intoxicated, driving with an
 1773  unlawful alcohol concentration, driving with an unlawful blood
 1774  alcohol level, or any other alcohol-related or drug-related
 1775  traffic offense similar to the offense of driving while impaired
 1776  under the influence as proscribed by s. 316.193 is will be
 1777  considered a previous conviction for violation of s. 316.193,
 1778  and a conviction for violation of former s. 316.028, former s.
 1779  316.1931, or former s. 860.01 is considered a conviction for
 1780  violation of s. 316.193.
 1781         (c) The forfeiture of bail bond, not vacated within 20
 1782  days, in any prosecution for the offense of driving while
 1783  impaired by an under the influence of alcoholic beverage
 1784  beverages, a chemical substance substances, or a controlled
 1785  substance substances to the extent of depriving the defendant of
 1786  his or her abilities normal faculties shall be deemed equivalent
 1787  to a conviction for the purposes of this paragraph, and the
 1788  department shall immediately forthwith revoke the defendant’s
 1789  driver license or driving privilege for the maximum period
 1790  applicable under paragraph (a) for a first conviction and for
 1791  the minimum period applicable under paragraph (a) for a second
 1792  or subsequent conviction; however, if the defendant is later
 1793  convicted of the charge, the period of revocation imposed by the
 1794  department for such conviction may shall not exceed the
 1795  difference between the applicable maximum for a first conviction
 1796  or minimum for a second or subsequent conviction and the
 1797  revocation period under this subsection that has actually
 1798  elapsed.; Upon conviction of such charge, the court may impose
 1799  revocation for a period of time as specified in paragraph (a).
 1800  This paragraph does not apply if an appropriate motion
 1801  contesting the forfeiture is filed within the 20-day period.
 1802         (d) The court shall permanently revoke the driver license
 1803  or driving privilege of a person who has been convicted four
 1804  times for violation of s. 316.193 or former s. 316.1931 or a
 1805  combination of these such sections. The court shall permanently
 1806  revoke the driver license or driving privilege of a any person
 1807  who has been convicted of DUI manslaughter in violation of s.
 1808  316.193. If the court has not permanently revoked such driver
 1809  license or driving privilege within 30 days after imposing
 1810  sentence, the department shall permanently revoke the driver
 1811  license or driving privilege pursuant to this paragraph. The
 1812  person may not be issued or granted a No driver license or
 1813  driving privilege may be issued or granted to any such person.
 1814  This paragraph applies only if at least one of the convictions
 1815  for violation of s. 316.193 or former s. 316.1931 was for a
 1816  violation that occurred after July 1, 1982. For the purposes of
 1817  this paragraph, a conviction for violation of former s. 316.028,
 1818  former s. 316.1931, or former s. 860.01 is also considered a
 1819  conviction for violation of s. 316.193. Also, A conviction of
 1820  driving under the influence, driving while intoxicated, driving
 1821  while impaired, driving with an unlawful alcohol concentration,
 1822  driving with an unlawful blood-alcohol level, or any other
 1823  similar alcohol-related or drug-related traffic offense outside
 1824  this state is also considered a conviction for the purposes of
 1825  this paragraph.
 1826         Section 27. Section 322.291, Florida Statutes, is amended
 1827  to read:
 1828         322.291 Driver improvement schools or DUI programs;
 1829  required in certain suspension and revocation cases.—Except as
 1830  provided in s. 322.03(2), a any person:
 1831         (1) Whose driving privilege has been revoked:
 1832         (a) Upon conviction for:
 1833         1. Driving, or being in actual physical control of, a any
 1834  vehicle while impaired by an under the influence of alcoholic
 1835  beverage beverages, a any chemical substance set forth in s.
 1836  877.111, or a any substance controlled under chapter 893, in
 1837  violation of s. 316.193;
 1838         2. Driving with an unlawful alcohol concentration blood- or
 1839  breath-alcohol level;
 1840         3. Manslaughter resulting from the operation of a motor
 1841  vehicle;
 1842         4. Failure to stop and render aid as required under the
 1843  laws of this state in the event of a motor vehicle crash
 1844  resulting in the death or personal injury of another; or
 1845         5. Reckless driving; or
 1846         (b) As a habitual offender; or
 1847         (c) Upon direction of the court, if the court feels that
 1848  the seriousness of the offense and the circumstances surrounding
 1849  the conviction warrant the revocation of the licensee’s driving
 1850  privilege; or
 1851         (2) Whose license was suspended under the point system, was
 1852  suspended for driving with an unlawful blood-alcohol level of
 1853  0.10 percent or higher before January 1, 1994, was suspended for
 1854  driving with an unlawful blood-alcohol level of 0.08 percent or
 1855  higher after December 31, 1993, was suspended for a violation of
 1856  s. 316.193(1), or was suspended for refusing to submit to a
 1857  lawful breath, blood, or urine test as provided in s. 322.2615
 1858  
 1859  shall, before the driving privilege may be reinstated, present
 1860  to the department proof of enrollment in an advanced driver
 1861  improvement course that is approved by the department and a
 1862  department-approved advanced driver improvement course operating
 1863  pursuant to s. 318.1451 or a substance abuse education course
 1864  conducted by a DUI program licensed pursuant to s. 322.292,
 1865  which must shall include a psychosocial evaluation and
 1866  treatment, if referred. Additionally, for a third or subsequent
 1867  violation of requirements for installation of an ignition
 1868  interlock device, a person must complete treatment as determined
 1869  by a licensed treatment agency following a referral by a DUI
 1870  program and have the duration of the ignition interlock device
 1871  requirement extended by at least 1 month up to the time period
 1872  required to complete treatment. If the person fails to complete
 1873  such course or evaluation within 90 days after reinstatement, or
 1874  subsequently fails to complete treatment, if referred, the DUI
 1875  program shall notify the department of the failure. Upon receipt
 1876  of the notice, the department shall cancel the person’s
 1877  offender’s driving privilege, notwithstanding the expiration of
 1878  the suspension or revocation of the driving privilege. The
 1879  department may temporarily reinstate the driving privilege upon
 1880  verification from the DUI program that the person offender has
 1881  completed the education course and evaluation requirement and
 1882  has reentered and is currently participating in treatment. If
 1883  the DUI program notifies the department of the second failure to
 1884  complete treatment, the department shall reinstate the driving
 1885  privilege only after notice of completion of treatment from the
 1886  DUI program.
 1887         Section 28. Paragraph (a) of subsection (9) of section
 1888  322.34, Florida Statutes, is amended to read:
 1889         322.34 Driving while license suspended, revoked, canceled,
 1890  or disqualified.—
 1891         (9)(a) A motor vehicle that is driven by a person who is
 1892  impaired by under the influence of alcohol or a controlled
 1893  substance drugs in violation of s. 316.193 is subject to seizure
 1894  and forfeiture under ss. 932.701-932.706 and is subject to liens
 1895  for recovering, towing, or storing vehicles under s. 713.78 if,
 1896  at the time of the offense, the person’s driver driver’s license
 1897  is suspended, revoked, or canceled as a result of a prior
 1898  conviction for driving under the influence or driving while
 1899  impaired.
 1900         Section 29. Paragraph (b) of subsection (3) of section
 1901  322.61, Florida Statutes, is amended to read:
 1902         322.61 Disqualification from operating a commercial motor
 1903  vehicle.—
 1904         (3)
 1905         (b) Except as provided in subsection (4), any holder of a
 1906  commercial driver license or commercial learner’s permit who is
 1907  convicted of one of the offenses listed in this paragraph while
 1908  operating a noncommercial motor vehicle shall, in addition to
 1909  any other applicable penalties, be disqualified from operating a
 1910  commercial motor vehicle for a period of 1 year:
 1911         1. Driving a motor vehicle while he or she is impaired by
 1912  under the influence of alcohol or a controlled substance;
 1913         2. Driving a commercial motor vehicle while the alcohol
 1914  concentration of his or her blood, breath, or urine is 0.04 .04
 1915  percent or higher;
 1916         3. Leaving the scene of a crash involving a motor vehicle
 1917  driven by such person;
 1918         4. Using a motor vehicle in the commission of a felony;
 1919         5. Refusing to submit to a test to determine his or her
 1920  alcohol concentration while driving a motor vehicle;
 1921         6. Driving a commercial motor vehicle when, as a result of
 1922  prior violations committed operating a commercial motor vehicle,
 1923  his or her commercial driver license or commercial learner’s
 1924  permit is revoked, suspended, or canceled, or he or she is
 1925  disqualified from operating a commercial motor vehicle; or
 1926         7. Causing a fatality through the negligent operation of a
 1927  commercial motor vehicle.
 1928         Section 30. Section 322.62, Florida Statutes, is amended to
 1929  read:
 1930         322.62 Driving while impaired under the influence;
 1931  commercial motor vehicle operators.—
 1932         (1) A person who has any alcohol in his or her body may not
 1933  drive or be in actual physical control of a commercial motor
 1934  vehicle in this state. A Any person who violates this section
 1935  commits is guilty of a moving violation, punishable as provided
 1936  in s. 318.18.
 1937         (2)(a) In addition to the penalty provided in subsection
 1938  (1), a person who violates this section shall be immediately
 1939  placed out of service out-of-service immediately for a period of
 1940  24 hours.
 1941         (b) In addition to the penalty provided in subsection (1),
 1942  a person who violates this section and who has an alcohol
 1943  concentration a blood-alcohol level of 0.04 or more grams of
 1944  alcohol per 100 milliliters of blood, or a breath-alcohol level
 1945  of 0.04 or more grams of alcohol per 210 liters of breath is
 1946  subject to the penalty provided in s. 322.61.
 1947         (3) This section does not supersede s. 316.193. Nothing in
 1948  This section does not prohibit prohibits the prosecution of a
 1949  person who drives a commercial motor vehicle for driving while
 1950  impaired by under the influence of alcohol or a controlled
 1951  substance, regardless of substances whether the or not such
 1952  person is also prosecuted for a violation of this section.
 1953         Section 31. Subsection (3) of section 322.63, Florida
 1954  Statutes, is amended to read:
 1955         322.63 Alcohol or drug testing; commercial motor vehicle
 1956  operators.—
 1957         (3)(a) The breath and blood alcohol tests authorized in
 1958  this section shall be administered substantially in accordance
 1959  with rules adopted by the Department of Law Enforcement.
 1960         (b) The Alcohol Testing Program within the Department of
 1961  Law Enforcement is responsible for the regulation of the
 1962  operation, inspection, and registration of breath test
 1963  instruments that are used utilized under the provisions relating
 1964  to driving and boating while impaired under the influence
 1965  provisions and related provisions located in this chapter and
 1966  chapters 316 and 327. The program is responsible for the
 1967  regulation of the individuals who operate, inspect, and instruct
 1968  on the breath test instruments that are used under utilized in
 1969  the provisions relating to driving and boating while impaired
 1970  under the influence provisions and related provisions located in
 1971  this chapter and chapters 316 and 327. The program is further
 1972  responsible for the regulation of blood analysts who conduct
 1973  blood alcohol testing that is used to be utilized under such
 1974  provisions the driving and boating under the influence
 1975  provisions and related provisions located in this chapter and
 1976  chapters 316 and 327. The program shall:
 1977         1. Establish uniform criteria for the issuance of permits
 1978  to breath test operators, agency inspectors, instructors, blood
 1979  analysts, and instruments.
 1980         2. Have the authority to issue permits for permit breath
 1981  test operators, agency inspectors, instructors, blood analysts,
 1982  and instruments.
 1983         3. Have the authority to discipline and suspend, revoke, or
 1984  renew the permits of breath test operators, agency inspectors,
 1985  instructors, blood analysts, and instruments.
 1986         4. Establish uniform requirements for instruction and
 1987  curricula for the operation and inspection of approved
 1988  instruments.
 1989         5. Have the authority to specify one approved curriculum
 1990  for the operation and inspection of approved instruments.
 1991         6. Establish a procedure for the approval of breath test
 1992  operator and agency inspector classes.
 1993         7. Have the authority to approve or disapprove breath test
 1994  instruments and accompanying paraphernalia for use pursuant to
 1995  the provisions relating to driving and boating while impaired
 1996  under the influence provisions and related provisions located in
 1997  this chapter and chapters 316 and 327.
 1998         8. With the approval of the executive director of the
 1999  Department of Law Enforcement, make and enter into contracts and
 2000  agreements with other agencies, organizations, associations,
 2001  corporations, individuals, or federal agencies as are necessary,
 2002  expedient, or incidental to the performance of duties.
 2003         9. Issue final orders that which include findings of fact
 2004  and conclusions of law and that which constitute final agency
 2005  action for the purpose of chapter 120.
 2006         10. Enforce compliance with the provisions of this section
 2007  through civil or administrative proceedings.
 2008         11. Make recommendations concerning any matter within the
 2009  purview of this section, this chapter, chapter 316, or chapter
 2010  327.
 2011         12. Adopt Promulgate rules for the administration and
 2012  implementation of this section, including definitions of terms.
 2013         13. Consult and cooperate with other entities for the
 2014  purpose of implementing the mandates of this section.
 2015         14. Have the authority to approve the breath and type of
 2016  blood alcohol test to be used utilized under the provisions
 2017  relating to driving and boating while impaired under the
 2018  influence provisions and related provisions located in this
 2019  chapter and chapters 316 and 327.
 2020         15. Have the authority to approve specify techniques and
 2021  methods and procedures for breath alcohol testing and blood
 2022  alcohol testing to be used utilized under the provisions
 2023  relating to driving and boating while impaired under the
 2024  influence provisions and related provisions located in this
 2025  chapter and chapters 316 and 327.
 2026         16. Have the authority to approve repair facilities for the
 2027  approved breath test instruments, including the authority to set
 2028  criteria for approval.
 2029  
 2030  Nothing in This section does not shall be construed to supersede
 2031  provisions in this chapter and chapters 316 and 327. The
 2032  specifications in this section are derived from the power and
 2033  authority previously and currently possessed by the Department
 2034  of Law Enforcement and are enumerated to conform with the
 2035  mandates of chapter 99-379, Laws of Florida.
 2036         (c) Any insubstantial difference differences between
 2037  approved methods and procedures techniques and actual testing
 2038  methods and procedures in an any individual case does not render
 2039  the test or tests results invalid.
 2040         (d) Notwithstanding any other provision of this section,
 2041  the failure of a law enforcement officer to request the
 2042  withdrawal of blood does shall not affect the admissibility of a
 2043  test of blood withdrawn for medical purposes.
 2044         Section 32. Paragraphs (a) and (c) of subsection (1),
 2045  paragraph (a) of subsection (2), and paragraph (a) of subsection
 2046  (7) of section 322.64, Florida Statutes, are amended to read:
 2047         322.64 Holder of commercial driver license; persons
 2048  operating a commercial motor vehicle; driving with unlawful
 2049  alcohol concentration blood-alcohol level; refusal to submit to
 2050  breath, urine, or blood test.—
 2051         (1)(a) A law enforcement officer or correctional officer
 2052  shall, on behalf of the department, disqualify from operating
 2053  any commercial motor vehicle a person who while operating or in
 2054  actual physical control of a commercial motor vehicle is
 2055  arrested for a violation of s. 316.193, relating to unlawful
 2056  blood-alcohol concentration level or breath-alcohol
 2057  concentration level, or a person who has refused to submit to a
 2058  breath, urine, or blood test authorized by s. 322.63 or s.
 2059  316.1932 arising out of the operation or actual physical control
 2060  of a commercial motor vehicle. A law enforcement officer or
 2061  correctional officer shall, on behalf of the department,
 2062  disqualify the holder of a commercial driver license from
 2063  operating any commercial motor vehicle if the licenseholder,
 2064  while operating or in actual physical control of a motor
 2065  vehicle, is arrested for a violation of s. 316.193, relating to
 2066  unlawful blood-alcohol concentration level or breath-alcohol
 2067  concentration level, or refused to submit to a breath, urine, or
 2068  blood test authorized by s. 322.63 or s. 316.1932. Upon
 2069  disqualification of the person, the officer shall take the
 2070  person’s driver license and issue the person a 10-day temporary
 2071  permit for the operation of noncommercial vehicles only if the
 2072  person is otherwise eligible for the driving privilege and shall
 2073  issue the person a notice of disqualification. If the person has
 2074  been given a blood, breath, or urine test, the results of which
 2075  are not available to the officer at the time of the arrest, the
 2076  agency employing the officer shall transmit such results to the
 2077  department within 5 days after receipt of the results. If the
 2078  department then determines that the person had a blood-alcohol
 2079  concentration level or breath-alcohol concentration level of
 2080  0.08 or higher, the department shall disqualify the person from
 2081  operating a commercial motor vehicle pursuant to subsection (3).
 2082         (c) The disqualification under paragraph (a) shall be
 2083  pursuant to, and the notice of disqualification shall inform the
 2084  driver of, the following:
 2085         1.a. The driver refused to submit to a lawful breath,
 2086  blood, or urine test and he or she is disqualified from
 2087  operating a commercial motor vehicle for the time period
 2088  specified in 49 C.F.R. s. 383.51; or
 2089         b. The driver had an unlawful blood-alcohol concentration
 2090  level of 0.08 or higher while driving or in actual physical
 2091  control of a commercial motor vehicle, or any motor vehicle if
 2092  the driver holds a commercial driver license, and his or her
 2093  driving privilege is disqualified for the time period specified
 2094  in 49 C.F.R. s. 383.51.
 2095         2. The disqualification period for operating commercial
 2096  vehicles shall commence on the date of issuance of the notice of
 2097  disqualification.
 2098         3. The driver may request a formal or informal review of
 2099  the disqualification by the department within 10 days after the
 2100  date of issuance of the notice of disqualification.
 2101         4. The temporary permit issued at the time of
 2102  disqualification expires at midnight of the 10th day following
 2103  the date of disqualification.
 2104         5. The driver may submit to the department any materials
 2105  relevant to the disqualification.
 2106         (2)(a) Except as provided in paragraph (1)(a), the law
 2107  enforcement officer shall forward to the department, within 5
 2108  days after the date of the issuance of the notice of
 2109  disqualification, a copy of the notice of disqualification, the
 2110  driver license of the person disqualified, and an affidavit
 2111  stating the officer’s grounds for belief that the person
 2112  disqualified was operating or in actual physical control of a
 2113  commercial motor vehicle, or holds a commercial driver license,
 2114  and had an unlawful blood-alcohol or breath-alcohol
 2115  concentration level; the results of any breath or blood or urine
 2116  test or an affidavit stating that a breath, blood, or urine test
 2117  was requested by a law enforcement officer or correctional
 2118  officer and that the person arrested refused to submit; a copy
 2119  of the notice of disqualification issued to the person; and the
 2120  officer’s description of the person’s field sobriety test, if
 2121  any. The failure of the officer to submit materials within the
 2122  5-day period specified in this subsection or subsection (1) does
 2123  not affect the department’s ability to consider any evidence
 2124  submitted at or prior to the hearing.
 2125         (7) In a formal review hearing under subsection (6) or an
 2126  informal review hearing under subsection (4), the hearing
 2127  officer shall determine by a preponderance of the evidence
 2128  whether sufficient cause exists to sustain, amend, or invalidate
 2129  the disqualification. The scope of the review shall be limited
 2130  to the following issues:
 2131         (a) If the person was disqualified from operating a
 2132  commercial motor vehicle for driving with an unlawful blood
 2133  alcohol level:
 2134         1. Whether the law enforcement officer had probable cause
 2135  to believe that the person was driving or in actual physical
 2136  control of a commercial motor vehicle, or any motor vehicle if
 2137  the driver holds a commercial driver license, in this state
 2138  while he or she had any alcohol, chemical substances, or
 2139  controlled substances in his or her body.
 2140         2. Whether the person had an unlawful blood-alcohol
 2141  concentration level or breath-alcohol concentration level of
 2142  0.08 or higher.
 2143         Section 33. Section 324.023, Florida Statutes, is amended
 2144  to read:
 2145         324.023 Financial responsibility for bodily injury or
 2146  death.—In addition to any other financial responsibility
 2147  required by law, every owner or operator of a motor vehicle that
 2148  is required to be registered in this state, or that is located
 2149  within this state, and who, regardless of adjudication of guilt,
 2150  has been found guilty of or entered a plea of guilty or nolo
 2151  contendere to a charge of driving while impaired or under the
 2152  influence under s. 316.193 after October 1, 2007, shall, by one
 2153  of the methods established in s. 324.031(1) or (2), establish
 2154  and maintain the ability to respond in damages for liability on
 2155  account of accidents arising out of the use of a motor vehicle
 2156  in the amount of $100,000 because of bodily injury to, or death
 2157  of, one person in any one crash and, subject to such limits for
 2158  one person, in the amount of $300,000 because of bodily injury
 2159  to, or death of, two or more persons in any one crash and in the
 2160  amount of $50,000 because of property damage in any one crash.
 2161  If the owner or operator chooses to establish and maintain such
 2162  ability by furnishing a certificate of deposit pursuant to s.
 2163  324.031(2), the amount of the such certificate of deposit must
 2164  be at least $350,000. Such higher limits must be carried for a
 2165  minimum period of 3 years. If the owner or operator has not been
 2166  convicted of driving while impaired under the influence or of a
 2167  felony traffic offense for a period of 3 years after from the
 2168  date of reinstatement of driving privileges for a violation of
 2169  s. 316.193, the owner or operator is shall be exempt from this
 2170  section.
 2171         Section 34. Section 327.35, Florida Statutes, is amended to
 2172  read:
 2173         327.35 Boating while impaired under the influence;
 2174  penalties; “designated drivers”.—
 2175         (1) A person commits is guilty of the offense of boating
 2176  while impaired under the influence and is subject to punishment
 2177  as provided in subsection (2) if the person is operating a
 2178  vessel within this state and:
 2179         (a) The person is impaired by under the influence of
 2180  alcoholic beverages, any chemical substance set forth in s.
 2181  877.111, or any substance controlled under chapter 893, when
 2182  affected to the extent that the person’s normal faculties are
 2183  impaired;
 2184         (b) The person has a blood-alcohol concentration level of
 2185  0.08 or more grams of alcohol per 100 milliliters of blood; or
 2186         (c) The person has a breath-alcohol concentration level of
 2187  0.08 or more grams of alcohol per 210 liters of breath.
 2188         (2)(a) Except as provided in paragraph (b), subsection (3),
 2189  or subsection (4), any person who is convicted of a violation of
 2190  subsection (1) shall be punished:
 2191         1. By a fine of:
 2192         a. Not less than $500 or more than $1,000 for a first
 2193  conviction.
 2194         b. Not less than $1,000 or more than $2,000 for a second
 2195  conviction; and
 2196         2. By imprisonment for:
 2197         a. Not more than 6 months for a first conviction.
 2198         b. Not more than 9 months for a second conviction.
 2199         (b)1. A Any person who is convicted of a third violation of
 2200  this section for an offense that occurs within 10 years after a
 2201  prior conviction for a violation of this section commits a
 2202  felony of the third degree, punishable as provided in s.
 2203  775.082, s. 775.083, or s. 775.084.
 2204         2. A Any person who is convicted of a third violation of
 2205  this section for an offense that occurs more than 10 years after
 2206  the date of a prior conviction for a violation of this section
 2207  shall be punished by a fine of not less than $2,000 or more than
 2208  $5,000 and by imprisonment for not more than 12 months.
 2209         3. A Any person who is convicted of a fourth or subsequent
 2210  violation of this section, regardless of when any prior
 2211  conviction for a violation of this section occurred, commits a
 2212  felony of the third degree, punishable as provided in s.
 2213  775.082, s. 775.083, or s. 775.084.
 2214  
 2215  However, the fine imposed for such fourth or subsequent
 2216  violation may not be less than $2,000.
 2217         (3) Any person:
 2218         (a) Who is in violation of subsection (1);
 2219         (b) Who operates a vessel; and
 2220         (c) Who, by reason of such operation, causes or contributes
 2221  to causing:
 2222         1. Damage to the property or person of another commits a
 2223  misdemeanor of the first degree, punishable as provided in s.
 2224  775.082 or s. 775.083.
 2225         2. Serious bodily injury to another, as defined in s.
 2226  327.353, commits a felony of the third degree, punishable as
 2227  provided in s. 775.082, s. 775.083, or s. 775.084.
 2228         3. The death of any human being commits BUI manslaughter,
 2229  and commits:
 2230         a. A felony of the second degree, punishable as provided in
 2231  s. 775.082, s. 775.083, or s. 775.084.
 2232         b. A felony of the first degree, punishable as provided in
 2233  s. 775.082, s. 775.083, or s. 775.084, if:
 2234         (I) At the time of the accident, the person knew, or should
 2235  have known, that the accident occurred; and
 2236         (II) The person failed to give information and render aid
 2237  as required by s. 327.30.
 2238  
 2239  This sub-subparagraph does not require that the person knew that
 2240  the accident resulted in injury or death.
 2241         (4) A Any person who is convicted of a violation of
 2242  subsection (1) and who has a blood-alcohol concentration level
 2243  or breath-alcohol concentration level of 0.15 or higher, or any
 2244  person who is convicted of a violation of subsection (1) and who
 2245  at the time of the offense was accompanied in the vessel by a
 2246  person under the age of 18 years, shall be punished:
 2247         (a) By a fine of:
 2248         1. Not less than $1,000 or more than $2,000 for a first
 2249  conviction.
 2250         2. Not less than $2,000 or more than $4,000 for a second
 2251  conviction.
 2252         3. Not less than $4,000 for a third or subsequent
 2253  conviction.
 2254         (b) By imprisonment for:
 2255         1. Not more than 9 months for a first conviction.
 2256         2. Not more than 12 months for a second conviction.
 2257  
 2258  For the purposes of this subsection, only the instant offense is
 2259  required to be a violation of subsection (1) by a person who has
 2260  a blood-alcohol level or breath-alcohol level of 0.15 or higher.
 2261         (5) In addition to any sentence or fine, the court shall
 2262  place any offender convicted of violating this section on
 2263  monthly reporting probation and shall require attendance at a
 2264  substance abuse course specified by the court; and the agency
 2265  conducting the course may refer the offender to an authorized
 2266  service provider for substance abuse evaluation and treatment,
 2267  in addition to any sentence or fine imposed under this section.
 2268  The offender shall assume reasonable costs for such education,
 2269  evaluation, and treatment, with completion of all such
 2270  education, evaluation, and treatment being a condition of
 2271  reporting probation. Treatment resulting from a psychosocial
 2272  evaluation may not be waived without a supporting psychosocial
 2273  evaluation conducted by an agency appointed by the court and
 2274  with access to the original evaluation. The offender shall bear
 2275  the cost of this procedure. The term “substance abuse” means the
 2276  abuse of alcohol or any substance named or described in
 2277  Schedules I-V of s. 893.03.
 2278         (6) With respect to a any person convicted of a violation
 2279  of subsection (1), regardless of any other penalty imposed:
 2280         (a) For the first conviction, the court shall place the
 2281  defendant on probation for a period not to exceed 1 year and, as
 2282  a condition of such probation, shall order the defendant to
 2283  participate in public service or a community work project for a
 2284  minimum of 50 hours. The court must also, as a condition of
 2285  probation, order the impoundment or immobilization of the vessel
 2286  that was operated by or in the actual control of the defendant
 2287  or any one vehicle registered in the defendant’s name at the
 2288  time of impoundment or immobilization, for a period of 10 days
 2289  or for the unexpired term of any lease or rental agreement that
 2290  expires within 10 days. The impoundment or immobilization must
 2291  not occur concurrently with the incarceration of the defendant.
 2292  The impoundment or immobilization order may be dismissed in
 2293  accordance with paragraph (e) or paragraph (f). The total period
 2294  of probation and incarceration may not exceed 1 year.
 2295         (b) For the second conviction for an offense that occurs
 2296  within a period of 5 years after the date of a prior conviction
 2297  for violation of this section, the court shall order
 2298  imprisonment for not less than 10 days. The court must also, as
 2299  a condition of probation, order the impoundment or
 2300  immobilization of the vessel that was operated by or in the
 2301  actual control of the defendant or any one vehicle registered in
 2302  the defendant’s name at the time of impoundment or
 2303  immobilization, for a period of 30 days or for the unexpired
 2304  term of any lease or rental agreement that expires within 30
 2305  days. The impoundment or immobilization must not occur
 2306  concurrently with the incarceration of the defendant. The
 2307  impoundment or immobilization order may be dismissed in
 2308  accordance with paragraph (e) or paragraph (f). At least 48
 2309  hours of confinement must be consecutive.
 2310         (c) For the third or subsequent conviction for an offense
 2311  that occurs within a period of 10 years after the date of a
 2312  prior conviction for violation of this section, the court shall
 2313  order imprisonment for not less than 30 days. The court must
 2314  also, as a condition of probation, order the impoundment or
 2315  immobilization of the vessel that was operated by or in the
 2316  actual control of the defendant or any one vehicle registered in
 2317  the defendant’s name at the time of impoundment or
 2318  immobilization, for a period of 90 days or for the unexpired
 2319  term of any lease or rental agreement that expires within 90
 2320  days. The impoundment or immobilization must not occur
 2321  concurrently with the incarceration of the defendant. The
 2322  impoundment or immobilization order may be dismissed in
 2323  accordance with paragraph (e) or paragraph (f). At least 48
 2324  hours of confinement must be consecutive.
 2325         (d) The court must at the time of sentencing the defendant
 2326  issue an order for the impoundment or immobilization of a
 2327  vessel. Within 7 business days after the date that the court
 2328  issues the order of impoundment, and once again 30 business days
 2329  before the actual impoundment or immobilization of the vessel,
 2330  the clerk of the court must send notice by certified mail,
 2331  return receipt requested, to the registered owner of each
 2332  vessel, if the registered owner is a person other than the
 2333  defendant, and to each person of record claiming a lien against
 2334  the vessel.
 2335         (e) A person who owns but was not operating the vessel when
 2336  the offense occurred may submit to the court a police report
 2337  indicating that the vessel was stolen at the time of the offense
 2338  or documentation of having purchased the vessel after the
 2339  offense was committed from an entity other than the defendant or
 2340  the defendant’s agent. If the court finds that the vessel was
 2341  stolen or that the sale was not made to circumvent the order and
 2342  allow the defendant continued access to the vessel, the order
 2343  must be dismissed and the owner of the vessel will incur no
 2344  costs. If the court denies the request to dismiss the order of
 2345  impoundment or immobilization, the petitioner may request an
 2346  evidentiary hearing.
 2347         (f) A person who owns but was not operating the vessel when
 2348  the offense occurred, and whose vessel was stolen or who
 2349  purchased the vessel after the offense was committed directly
 2350  from the defendant or the defendant’s agent, may request an
 2351  evidentiary hearing to determine whether the impoundment or
 2352  immobilization should occur. If the court finds that either the
 2353  vessel was stolen or the purchase was made without knowledge of
 2354  the offense, that the purchaser had no relationship to the
 2355  defendant other than through the transaction, and that such
 2356  purchase would not circumvent the order and allow the defendant
 2357  continued access to the vessel, the order must be dismissed and
 2358  the owner of the vessel will incur no costs.
 2359         (g) All costs and fees for the impoundment or
 2360  immobilization, including the cost of notification, must be paid
 2361  by the owner of the vessel or, if the vessel is leased or
 2362  rented, by the person leasing or renting the vessel, unless the
 2363  impoundment or immobilization order is dismissed.
 2364         (h) The person who owns a vessel that is impounded or
 2365  immobilized under this paragraph, or a person who has a lien of
 2366  record against such a vessel and who has not requested a review
 2367  of the impoundment pursuant to paragraph (e) or paragraph (f),
 2368  may, within 10 days after the date that person has knowledge of
 2369  the location of the vessel, file a complaint in the county in
 2370  which the owner resides to determine whether the vessel was
 2371  wrongfully taken or withheld from the owner or lienholder. Upon
 2372  the filing of a complaint, the owner or lienholder may have the
 2373  vessel released by posting with the court a bond or other
 2374  adequate security equal to the amount of the costs and fees for
 2375  impoundment or immobilization, including towing or storage, to
 2376  ensure the payment of the costs and fees if the owner or
 2377  lienholder does not prevail. When the bond is posted and the fee
 2378  is paid as set forth in s. 28.24, the clerk of the court shall
 2379  issue a certificate releasing the vessel. At the time of
 2380  release, after reasonable inspection, the owner or lienholder
 2381  must give a receipt to the towing or storage company indicating
 2382  any loss or damage to the vessel or to the contents of the
 2383  vessel.
 2384         (i) A defendant, in the court’s discretion, may be required
 2385  to serve all or any portion of a term of imprisonment to which
 2386  the defendant has been sentenced pursuant to this section in a
 2387  residential alcoholism treatment program or a residential drug
 2388  abuse treatment program. Any time spent in such a program must
 2389  be credited by the court toward the term of imprisonment.
 2390  
 2391  For the purposes of this section, any conviction for a violation
 2392  of s. 316.193, a previous conviction for the violation of former
 2393  s. 316.1931, former s. 860.01, or former s. 316.028, or a
 2394  previous conviction outside this state for driving under the
 2395  influence, driving while intoxicated, driving with an unlawful
 2396  blood-alcohol level, driving with an unlawful breath-alcohol
 2397  level, or any other similar alcohol-related or drug-related
 2398  traffic offense, is also considered a previous conviction for
 2399  violation of this section.
 2400         (7) A conviction under this section does not bar any civil
 2401  suit for damages against the person so convicted.
 2402         (8) A person who is arrested for a violation of this
 2403  section may not be released from custody:
 2404         (a) Until the person is no longer impaired by under the
 2405  influence of alcoholic beverages, any chemical substance set
 2406  forth in s. 877.111, or any substance controlled under chapter
 2407  893 and affected to the extent that his or her normal faculties
 2408  are impaired;
 2409         (b) Until the person’s blood-alcohol concentration level or
 2410  breath-alcohol concentration level is less than 0.05; or
 2411         (c) Until 8 hours have elapsed from the time the person was
 2412  arrested.
 2413         (9) Notwithstanding any other provision of this section,
 2414  for any person convicted of a violation of subsection (1), in
 2415  addition to the fines set forth in subsections (2) and (4), an
 2416  additional fine of $60 shall be assessed and collected in the
 2417  same manner as the fines set forth in subsections (2) and (4).
 2418  All fines collected under this subsection shall be remitted by
 2419  the clerk of the court to the Department of Revenue for deposit
 2420  into the Brain and Spinal Cord Injury Program Trust Fund and
 2421  used for the purposes set forth in s. 381.79, after 5 percent is
 2422  deducted therefrom by the clerk of the court for administrative
 2423  costs.
 2424         (10) It is the intent of the Legislature to encourage
 2425  boaters to have a “designated driver” who does not consume
 2426  alcoholic beverages.
 2427         Section 35. Paragraphs (a), (c), and (d) of subsection (1)
 2428  of section 327.352, Florida Statutes, are amended to read:
 2429         327.352 Tests for alcohol, chemical substances, or
 2430  controlled substances; implied consent; refusal.—
 2431         (1)(a)1. The Legislature declares that the operation of a
 2432  vessel is a privilege that must be exercised in a reasonable
 2433  manner. In order to protect the public health and safety, it is
 2434  essential that a lawful and effective means of reducing the
 2435  incidence of boating while impaired or intoxicated be
 2436  established. Therefore, any person who accepts the privilege
 2437  extended by the laws of this state of operating a vessel within
 2438  this state is, by so operating such vessel, deemed to have given
 2439  his or her consent to submit to an approved chemical test or
 2440  physical test including, but not limited to, an infrared light
 2441  test of his or her breath to determine for the purpose of
 2442  determining the alcohol concentration alcoholic content of his
 2443  or her blood or breath if the person is lawfully arrested for
 2444  any offense allegedly committed while the person was operating a
 2445  vessel while impaired by under the influence of alcoholic
 2446  beverages. The chemical or physical breath test must be
 2447  incidental to a lawful arrest and administered at the request of
 2448  a law enforcement officer who has reasonable cause to believe
 2449  such person was operating the vessel within this state while
 2450  impaired by under the influence of alcoholic beverages. The
 2451  administration of a breath test does not preclude the
 2452  administration of another type of test. The person shall be told
 2453  that his or her failure to submit to any lawful test of his or
 2454  her breath will result in a civil penalty of $500, and shall
 2455  also be told that if he or she refuses to submit to a lawful
 2456  test of his or her breath and he or she has been previously
 2457  fined for refusal to submit to any lawful test of his or her
 2458  breath, urine, or blood, he or she commits a misdemeanor in
 2459  addition to any other penalties. The refusal to submit to a
 2460  chemical or physical breath test upon the request of a law
 2461  enforcement officer as provided in this section is admissible
 2462  into evidence in any criminal proceeding.
 2463         2. Any person who accepts the privilege extended by the
 2464  laws of this state of operating a vessel within this state is,
 2465  by so operating such vessel, deemed to have given his or her
 2466  consent to submit to a urine test to detect for the purpose of
 2467  detecting the presence of chemical substances as set forth in s.
 2468  877.111 or controlled substances if the person is lawfully
 2469  arrested for any offense allegedly committed while the person
 2470  was operating a vessel while impaired by under the influence of
 2471  chemical substances or controlled substances. The urine test
 2472  must be incidental to a lawful arrest and administered at a
 2473  detention facility or any other facility, mobile or otherwise,
 2474  which is equipped to administer such tests at the request of a
 2475  law enforcement officer who has reasonable cause to believe such
 2476  person was operating a vessel within this state while impaired
 2477  by under the influence of chemical substances or controlled
 2478  substances. The urine test shall be administered at a detention
 2479  facility or any other facility, mobile or otherwise, which is
 2480  equipped to administer such test in a reasonable manner that
 2481  will ensure the accuracy of the specimen and maintain the
 2482  privacy of the individual involved. The administration of a
 2483  urine test does not preclude the administration of another type
 2484  of test. The person shall be told that his or her failure to
 2485  submit to any lawful test of his or her urine will result in a
 2486  civil penalty of $500, and shall also be told that if he or she
 2487  refuses to submit to a lawful test of his or her urine and he or
 2488  she has been previously fined for refusal to submit to any
 2489  lawful test of his or her breath, urine, or blood, he or she
 2490  commits a misdemeanor in addition to any other penalties. The
 2491  refusal to submit to a urine test upon the request of a law
 2492  enforcement officer as provided in this section is admissible
 2493  into evidence in any criminal proceeding.
 2494         (c) Any person who accepts the privilege extended by the
 2495  laws of this state of operating a vessel within this state is,
 2496  by operating such vessel, deemed to have given his or her
 2497  consent to submit to an approved blood test to determine for the
 2498  purpose of determining the alcohol concentration alcoholic
 2499  content of the blood or a blood test to determine for the
 2500  purpose of determining the presence of chemical substances or
 2501  controlled substances as provided in this section if there is
 2502  reasonable cause to believe the person was operating a vessel
 2503  while impaired by under the influence of alcoholic beverages or
 2504  chemical or controlled substances and the person appears for
 2505  treatment at a hospital, clinic, or other medical facility and
 2506  the administration of a breath or urine test is impractical or
 2507  impossible. As used in this paragraph, the term “other medical
 2508  facility” includes an ambulance or other medical emergency
 2509  vehicle. The blood test shall be performed in a reasonable
 2510  manner. Any person who is incapable of refusal by reason of
 2511  unconsciousness or other mental or physical condition is deemed
 2512  not to have withdrawn his or her consent to such test. Any
 2513  person who is capable of refusal shall be told that his or her
 2514  failure to submit to such a blood test will result in a civil
 2515  penalty of $500 and that a refusal to submit to a lawful test of
 2516  his or her blood, if he or she has previously been fined for
 2517  refusal to submit to any lawful test of his or her breath,
 2518  urine, or blood, is a misdemeanor. The refusal to submit to a
 2519  blood test upon the request of a law enforcement officer shall
 2520  be admissible in evidence in any criminal proceeding.
 2521         (d) If the arresting officer does not request a chemical or
 2522  physical breath test of the person arrested for any offense
 2523  allegedly committed while the person was operating a vessel
 2524  while impaired by under the influence of alcoholic beverages or
 2525  controlled substances, the person may request the arresting
 2526  officer to have a chemical or physical test made of the arrested
 2527  person’s breath or a test of the urine or blood to determine for
 2528  the purpose of determining the alcohol concentration alcoholic
 2529  content of the person’s blood or breath or the presence of
 2530  chemical substances or controlled substances; and, if so
 2531  requested, the arresting officer shall have the test performed.
 2532         Section 36. Paragraph (a) of subsection (1) of section
 2533  327.353, Florida Statutes, is amended to read:
 2534         327.353 Blood test for impairment or intoxication in cases
 2535  of death or serious bodily injury; right to use reasonable
 2536  force.—
 2537         (1)(a) If a law enforcement officer has probable cause to
 2538  believe that a vessel operated by a person impaired by under the
 2539  influence of alcoholic beverages, any chemical substances, or
 2540  any controlled substances has caused the death or serious bodily
 2541  injury of a human being, a law enforcement officer shall require
 2542  the person operating or in actual physical control of the vessel
 2543  to submit to a test of the person’s blood to determine for the
 2544  purpose of determining the alcohol concentration alcoholic
 2545  content thereof or the presence of chemical substances as set
 2546  forth in s. 877.111 or any substance controlled under chapter
 2547  893. The law enforcement officer may use reasonable force if
 2548  necessary to require the person to submit to the administration
 2549  of the blood test. The blood test shall be performed in a
 2550  reasonable manner. Notwithstanding s. 327.352, the testing
 2551  required by this paragraph need not be incidental to a lawful
 2552  arrest of the person.
 2553         Section 37. Subsections (1) and (2) of section 327.354,
 2554  Florida Statutes, are amended to read:
 2555         327.354 Presumption of impairment; testing methods.—
 2556         (1) It is unlawful and punishable as provided in s. 327.35
 2557  for any person who is impaired by under the influence of
 2558  alcoholic beverages or controlled substances, when affected to
 2559  the extent that the person’s normal faculties are impaired or to
 2560  the extent that the person is deprived of full possession of
 2561  normal faculties, to operate any vessel within this state. Such
 2562  normal faculties include, but are not limited to, the ability to
 2563  see, hear, walk, talk, judge distances, drive an automobile,
 2564  make judgments, act in emergencies, and, in general, normally
 2565  perform the many mental and physical acts of daily life.
 2566         (2) At the trial of any civil or criminal action or
 2567  proceeding arising out of acts alleged to have been committed by
 2568  any person while operating a vessel while impaired by under the
 2569  influence of alcoholic beverages or controlled substances, when
 2570  affected to the extent that the person’s normal faculties were
 2571  impaired or to the extent that he or she was deprived of full
 2572  possession of his or her normal faculties, the results of any
 2573  test administered in accordance with s. 327.352 or s. 327.353
 2574  and this section are admissible into evidence when otherwise
 2575  admissible, and the amount of alcohol in the person’s blood or
 2576  breath at the time alleged, as shown by chemical analysis of the
 2577  person’s blood, or by chemical or physical test of the person’s
 2578  breath, gives rise to the following presumptions:
 2579         (a) If there was at that time a blood-alcohol concentration
 2580  level or breath-alcohol concentration level of 0.05 or less, it
 2581  is presumed that the person was not impaired by under the
 2582  influence of alcoholic beverages to the extent that his or her
 2583  normal faculties were impaired.
 2584         (b) If there was at that time a blood-alcohol concentration
 2585  level or breath-alcohol concentration level in excess of 0.05
 2586  but less than 0.08, that fact does not give rise to any
 2587  presumption that the person was or was not impaired by under the
 2588  influence of alcoholic beverages to the extent that his or her
 2589  normal faculties were impaired but may be considered with other
 2590  competent evidence in determining whether the person was
 2591  impaired by under the influence of alcoholic beverages to the
 2592  extent that his or her normal faculties were impaired.
 2593         (c) If there was at that time a blood-alcohol concentration
 2594  level or breath-alcohol concentration level of 0.08 or higher,
 2595  that fact is prima facie evidence that the person was impaired
 2596  by under the influence of alcoholic beverages to the extent that
 2597  his or her normal faculties were impaired. Any person who
 2598  operates a vessel and who has a blood-alcohol concentration
 2599  level or breath-alcohol concentration level of 0.08 or higher
 2600  commits the offense is guilty of operating a vessel with an
 2601  unlawful blood-alcohol concentration level or breath-alcohol
 2602  concentration level.
 2603  
 2604  The presumptions provided in this subsection do not limit the
 2605  introduction of any other competent evidence bearing upon the
 2606  question of whether the person was impaired by under the
 2607  influence of alcoholic beverages to the extent that his or her
 2608  normal faculties were impaired.
 2609         Section 38. Subsection (1) of section 327.355, Florida
 2610  Statutes, is amended to read:
 2611         327.355 Operation of vessels by persons under 21 years of
 2612  age who have consumed alcoholic beverages.—
 2613         (1)(a) Notwithstanding s. 327.35, it is unlawful for a
 2614  person under the age of 21 who has a breath-alcohol
 2615  concentration level of 0.02 or higher to operate or be in actual
 2616  physical control of a vessel.
 2617         (b) A law enforcement officer who has probable cause to
 2618  believe that a vessel is being operated by or is in the actual
 2619  physical control of a person who is under the age of 21 while
 2620  impaired by under the influence of alcoholic beverages or who
 2621  has any breath-alcohol concentration level may lawfully detain
 2622  such a person and may request that person to submit to a test to
 2623  determine his or her breath-alcohol concentration level. If the
 2624  person under the age of 21 refuses to submit to such testing,
 2625  the law enforcement officer shall warn the person that failure
 2626  to submit to the breath test will result in the required
 2627  performance of 50 hours of public service and that his or her
 2628  vessel operating privilege will be suspended until the public
 2629  service is performed. Failure or refusal to submit to a breath
 2630  test after this warning is a violation of this section.
 2631         Section 39. Section 327.359, Florida Statutes, is amended
 2632  to read:
 2633         327.359 Refusal to submit to testing; penalties.—Any person
 2634  who has refused to submit to a chemical or physical test of his
 2635  or her breath, blood, or urine, as described in s. 327.352, and
 2636  who has been previously fined for refusal to submit to a lawful
 2637  test of his or her breath, urine, or blood, and:
 2638         (1) Who the arresting law enforcement officer had probable
 2639  cause to believe was operating or in actual physical control of
 2640  a vessel in this state while impaired by under the influence of
 2641  alcoholic beverages, chemical substances, or controlled
 2642  substances;
 2643         (2) Who was placed under lawful arrest for a violation of
 2644  s. 327.35 unless such test was requested pursuant to s.
 2645  327.352(1)(c);
 2646         (3) Who was informed that if he or she refused to submit to
 2647  such test he or she is subject to a fine of $500;
 2648         (4) Who was informed that a refusal to submit to a lawful
 2649  test of his or her breath, urine, or blood, if he or she has
 2650  been previously fined for refusal to submit to a lawful test of
 2651  his or her breath, urine, or blood, is a misdemeanor; and
 2652         (5) Who, after having been so informed, refused to submit
 2653  to any such test when requested to do so by a law enforcement
 2654  officer or correctional officer
 2655  
 2656  commits a misdemeanor of the first degree and is subject to
 2657  punishment as provided in s. 775.082 or s. 775.083.
 2658         Section 40. Section 327.38, Florida Statutes, is amended to
 2659  read:
 2660         327.38 Skiing prohibited while intoxicated or under
 2661  influence of drugs.—A No person may not shall manipulate any
 2662  water skis, aquaplane, or similar device from a vessel while
 2663  intoxicated or impaired by under the influence of any narcotic
 2664  drug, barbiturate, or marijuana, to the extent that the person’s
 2665  normal faculties are impaired.
 2666         Section 41. Subsection (1) of section 327.391, Florida
 2667  Statutes, is amended to read:
 2668         327.391 Airboats regulated.—
 2669         (1) The exhaust of every internal combustion engine used on
 2670  any airboat operated on the waters of this state shall be
 2671  provided with an automotive-style factory muffler, underwater
 2672  exhaust, or other manufactured device capable of adequately
 2673  muffling the sound of the exhaust of the engine as described in
 2674  s. 327.02(24). The use of cutouts or flex pipe as the sole
 2675  source of muffling is prohibited, except as provided in
 2676  subsection (4). Any person who violates this subsection commits
 2677  a noncriminal infraction punishable as provided in s. 327.73(1).
 2678         Section 42. Subsection (4) of section 328.17, Florida
 2679  Statutes, is amended to read:
 2680         328.17 Nonjudicial sale of vessels.—
 2681         (4) A marina, as defined in s. 327.02(20), shall have:
 2682         (a) A possessory lien upon any vessel for storage fees,
 2683  dockage fees, repairs, improvements, or other work-related
 2684  storage charges, and for expenses necessary for preservation of
 2685  the vessel or expenses reasonably incurred in the sale or other
 2686  disposition of the vessel. The possessory lien shall attach as
 2687  of the date the vessel is brought to the marina or as of the
 2688  date the vessel first occupies rental space at the marina
 2689  facility.
 2690         (b) A possessory lien upon any vessel in a wrecked, junked,
 2691  or substantially dismantled condition, which has been left
 2692  abandoned at a marina, for expenses reasonably incurred in the
 2693  removal and disposal of the vessel. The possessory lien shall
 2694  attach as of the date the vessel arrives at the marina or as of
 2695  the date the vessel first occupies rental space at the marina
 2696  facility. If the funds recovered from the sale of the vessel, or
 2697  from the scrap or salvage value of the vessel, are insufficient
 2698  to cover the expenses reasonably incurred by the marina in
 2699  removing and disposing of the vessel, all costs in excess of
 2700  recovery shall be recoverable against the owner of the vessel.
 2701  For a vessel damaged as a result of a named storm, the
 2702  provisions of this paragraph shall be suspended for 60 days
 2703  following the date the vessel is damaged in the named storm. The
 2704  operation of the provisions specified in this paragraph run
 2705  concurrently with, and do not extend, the 60-day notice periods
 2706  provided in subsections (5) and (7).
 2707         Section 43. Subsection (1) of section 337.195, Florida
 2708  Statutes, is amended to read:
 2709         337.195 Limits on liability.—
 2710         (1) In a civil action for the death of or injury to a
 2711  person, or for damage to property, against the Department of
 2712  Transportation or its agents, consultants, or contractors for
 2713  work performed on a highway, road, street, bridge, or other
 2714  transportation facility when the death, injury, or damage
 2715  resulted from a motor vehicle crash within a construction zone
 2716  in which the driver of one of the vehicles was impaired by or
 2717  under the influence of an alcoholic beverage beverages as set
 2718  forth in s. 316.193, by a under the influence of any chemical
 2719  substance as set forth in s. 877.111, or by a illegally under
 2720  the influence of any substance controlled under chapter 893 to
 2721  the extent that her or his abilities normal faculties were
 2722  impaired or that she or he operated a vehicle recklessly as
 2723  defined in s. 316.192, it is presumed that the driver’s
 2724  operation of the vehicle was the sole proximate cause of her or
 2725  his own death, injury, or damage. This presumption can be
 2726  overcome if the gross negligence or intentional misconduct of
 2727  the Department of Transportation, or of its agents, consultants,
 2728  or contractors, was a proximate cause of the driver’s death,
 2729  injury, or damage.
 2730         Section 44. Subsection (2) of section 342.07, Florida
 2731  Statutes, is amended to read:
 2732         342.07 Recreational and commercial working waterfronts;
 2733  legislative findings; definitions.—
 2734         (2) As used in this section, the term “recreational and
 2735  commercial working waterfront” means a parcel or parcels of real
 2736  property that provide access for water-dependent commercial
 2737  activities, including hotels and motels as defined in s.
 2738  509.242(1), or provide access for the public to the navigable
 2739  waters of the state. Recreational and commercial working
 2740  waterfronts require direct access to or a location on, over, or
 2741  adjacent to a navigable body of water. The term includes water
 2742  dependent facilities that are open to the public and offer
 2743  public access by vessels to the waters of the state or that are
 2744  support facilities for recreational, commercial, research, or
 2745  governmental vessels. These facilities include public lodging
 2746  establishments, docks, wharfs, lifts, wet and dry marinas, boat
 2747  ramps, boat hauling and repair facilities, commercial fishing
 2748  facilities, boat construction facilities, and other support
 2749  structures over the water. As used in this section, the term
 2750  “vessel” has the same meaning as in s. 327.02(39). Seaports are
 2751  excluded from the definition.
 2752         Section 45. Subsection (1) of section 401.281, Florida
 2753  Statutes, is amended to read:
 2754         401.281 Drivers.—
 2755         (1) Each licensee is responsible for assuring that its
 2756  vehicles are driven only by trained, experienced, and otherwise
 2757  qualified personnel. The licensee must, at a minimum, document
 2758  that each of its drivers:
 2759         (a) Is at least 18 years of age;
 2760         (b) Certifies under oath that he or she is not addicted to
 2761  alcohol or any controlled substance;
 2762         (c) Certifies under oath that he or she is free from any
 2763  physical or mental defect or disease that might impair his or
 2764  her ability to drive an ambulance;
 2765         (d) Upon initial designation as a driver, has not, within
 2766  the past 3 years, been convicted of driving while impaired by or
 2767  under the influence of alcohol or a controlled substance
 2768  substances and has not had a driver driver’s license suspended
 2769  under the point system provided for in chapter 322;
 2770         (e) Possesses a valid driver driver’s license issued under
 2771  chapter 322, is trained in the safe operation of emergency
 2772  vehicles, and has completed an emergency vehicle operator’s
 2773  course or the reasonable equivalent as approved by the
 2774  department; however, this paragraph applies only to a driver of
 2775  a land vehicle;
 2776         (f) Possesses a valid American Red Cross or National Safety
 2777  Council standard first aid course card or its equivalent; and
 2778         (g) Possesses a valid American Red Cross or American Heart
 2779  Association cardiopulmonary resuscitation card.
 2780         Section 46. Paragraph (a) of subsection (2) of section
 2781  627.7275, Florida Statutes, is amended to read:
 2782         627.7275 Motor vehicle liability.—
 2783         (2)(a) Insurers writing motor vehicle insurance in this
 2784  state shall make available, subject to the insurers’ usual
 2785  underwriting restrictions:
 2786         1. Coverage under policies as described in subsection (1)
 2787  to any applicant for private passenger motor vehicle insurance
 2788  coverage who is seeking the coverage in order to reinstate the
 2789  applicant’s driving privileges in this state when the driving
 2790  privileges were revoked or suspended pursuant to s. 316.646 or
 2791  s. 324.0221 due to the failure of the applicant to maintain
 2792  required security.
 2793         2. Coverage under policies as described in subsection (1),
 2794  which also provides liability coverage for bodily injury, death,
 2795  and property damage arising out of the ownership, maintenance,
 2796  or use of the motor vehicle in an amount not less than the
 2797  limits described in s. 324.021(7) and conforms to the
 2798  requirements of s. 324.151, to any applicant for private
 2799  passenger motor vehicle insurance coverage who is seeking the
 2800  coverage in order to reinstate the applicant’s driving
 2801  privileges in this state after such privileges were revoked or
 2802  suspended under s. 316.193 or s. 322.26(2) for driving while
 2803  impaired or under the influence.
 2804         Section 47. Subsection (4) of section 627.758, Florida
 2805  Statutes, is amended to read:
 2806         627.758 Surety on auto club traffic arrest bond;
 2807  conditions, limit; bail bond.—
 2808         (4) Notwithstanding the provisions of s. 626.311 or chapter
 2809  648, any surety insurer identified in a guaranteed traffic
 2810  arrest bond certificate or any licensed general lines agent of
 2811  the surety insurer may execute a bail bond for the automobile
 2812  club or association member identified in the guaranteed traffic
 2813  arrest bond certificate in an amount not in excess of $5,000 for
 2814  any violation of chapter 316 or any similar traffic law or
 2815  ordinance except for driving while impaired by under the
 2816  influence of alcoholic beverages, chemical substances, or
 2817  controlled substances, as prohibited by s. 316.193.
 2818         Section 48. Section 790.153, Florida Statutes, is amended
 2819  to read:
 2820         790.153 Tests for impairment or intoxication; right to
 2821  refuse.—
 2822         (1)(a) Any person who uses a firearm within this state
 2823  shall submit to an approved chemical or physical breath test to
 2824  determine the alcohol concentration alcoholic content of the
 2825  blood and to a urine test to detect the presence of controlled
 2826  substances, if there is probable cause to believe that the
 2827  person was using a firearm while impaired by under the influence
 2828  of alcoholic beverages or controlled substances or that the
 2829  person is lawfully arrested for any offense allegedly committed
 2830  while he or she was using a firearm while impaired by under the
 2831  influence of alcoholic beverages or controlled substances. The
 2832  breath test shall be incidental to a lawful arrest and
 2833  administered at the request of a law enforcement officer who has
 2834  probable cause to believe such person was using the firearm
 2835  within this state while impaired by under the influence of
 2836  alcoholic beverages. The urine test shall be incidental to a
 2837  lawful arrest and administered at a detention facility, mobile
 2838  or otherwise, which is equipped to administer such tests at the
 2839  request of a law enforcement officer who has probable cause to
 2840  believe such person was using a firearm within this state while
 2841  impaired by under the influence of controlled substances. The
 2842  urine test shall be administered at a detention facility or any
 2843  other facility, mobile or otherwise, which is equipped to
 2844  administer such tests in a reasonable manner that will ensure
 2845  the accuracy of the specimen and maintain the privacy of the
 2846  individual involved. The administration of either test shall not
 2847  preclude the administration of the other test. The refusal to
 2848  submit to a chemical or physical breath or urine test upon the
 2849  request of a law enforcement officer as provided in this section
 2850  shall be admissible into evidence in any criminal proceeding.
 2851  This section shall not hinder the taking of a mandatory blood
 2852  test as outlined in s. 790.155.
 2853         (b) If the arresting officer does not request a chemical or
 2854  physical test of the person arrested for any offense allegedly
 2855  committed while the person was using a firearm while impaired by
 2856  under the influence of alcoholic beverages or controlled
 2857  substances, such person may request the arresting officer to
 2858  have a chemical or physical test made of the arrested person’s
 2859  breath to determine for the purpose of determining the alcohol
 2860  concentration alcoholic content of the person’s blood or a
 2861  chemical test of urine or blood to determine for the purpose of
 2862  determining the presence of controlled substances,; and, if so
 2863  requested, the arresting officer shall have the test performed.
 2864         (c) The provisions of s. 316.1932(1)(f), relating to
 2865  administration of tests for determining the amount weight of
 2866  alcohol in the defendant’s blood, additional tests at the
 2867  defendant’s expense, availability of test information to the
 2868  defendant or the defendant’s attorney, and liability of medical
 2869  institutions and persons administering such tests are
 2870  incorporated into this section act.
 2871         (2) The results of any test administered pursuant to this
 2872  section to detect for the purpose of detecting the presence of
 2873  any controlled substance are not shall not be admissible as
 2874  evidence in a criminal prosecution for the possession of a
 2875  controlled substance.
 2876         (3) Notwithstanding any provision of law pertaining to the
 2877  confidentiality of hospital records or other medical records,
 2878  information obtained pursuant to this section shall be released
 2879  to a court, prosecuting attorney, defense attorney, or law
 2880  enforcement officer in connection with an alleged violation of
 2881  s. 790.151 upon request for such information.
 2882         Section 49. Section 790.155, Florida Statutes, is amended
 2883  to read:
 2884         790.155 Blood test for impairment or intoxication in cases
 2885  of death or serious bodily injury; right to use reasonable
 2886  force.—
 2887         (1)(a) Notwithstanding any recognized ability to refuse to
 2888  submit to the tests provided in s. 790.153, if a law enforcement
 2889  officer has probable cause to believe that a firearm used by a
 2890  person who was impaired by under the influence of alcoholic
 2891  beverages or controlled substances has caused the death or
 2892  serious bodily injury of a human being, such person shall
 2893  submit, upon the request of a law enforcement officer, to a test
 2894  of his or her blood to determine for the purpose of determining
 2895  the alcohol concentration alcoholic content thereof or the
 2896  presence of controlled substances therein. The law enforcement
 2897  officer may use reasonable force if necessary to require such
 2898  person to submit to the administration of the blood test. The
 2899  blood test shall be performed in a reasonable manner.
 2900         (b) The term “serious bodily injury” means a physical
 2901  condition which creates a substantial risk of death, serious
 2902  personal disfigurement, or protracted loss or impairment of the
 2903  function of any bodily member or organ.
 2904         (2) The provisions of s. 316.1933(2), relating to blood
 2905  tests for impairment or intoxication, are incorporated into this
 2906  section act.
 2907         (3)(a) Any criminal charge resulting from the incident
 2908  giving rise to the officer’s demand for testing should be tried
 2909  concurrently with a charge of any violation of s. 790.151. If
 2910  such charges are tried separately, the fact that such person
 2911  refused, resisted, obstructed, or opposed testing is shall be
 2912  admissible at the trial of the criminal offense which gave rise
 2913  to the demand for testing.
 2914         (b) The results of any test administered pursuant to this
 2915  section to detect for the purpose of detecting the presence of
 2916  any controlled substance are not shall not be admissible as
 2917  evidence in a criminal prosecution for the possession of a
 2918  controlled substance.
 2919         (4) Notwithstanding any provision of law pertaining to the
 2920  confidentiality of hospital records or other medical records,
 2921  information obtained pursuant to this section shall be released
 2922  to a court, prosecuting attorney, defense attorney, or law
 2923  enforcement officer in connection with an alleged violation of
 2924  s. 790.151 upon request for such information.
 2925         Section 50. This act shall take effect July 1, 2014.