Florida 2023 Regular Session

Florida House Bill H0549 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 549 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0549-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to operating vehicles and vessels 2
16	16	under the influence; amending ss. 316.193 and 327.35, 3
17	17	F.S.; revising conditions under which a person commits 4
18	18	the offense of driving under the influence or boating 5
19	19	under the influence, respectively; providing an 6
20	20	affirmative defense; revising a condition that must be 7
21	21	met before a person arrested for driving under the 8
22	22	influence or boating under the influence, 9
23	23	respectively, may be released from custody; defining 10
24	24	the term "impairing substance"; providing 11
25	25	construction; amending s. 933.02, F.S.; adding 12
26	26	specified grounds for issuance of a search warrant; 13
27	27	amending ss. 316.1932 and 316.1933, F.S.; conforming 14
28	28	cross-references; providing an effective date. 15
29	29	16
30	30	Be It Enacted by the Legislature of the State of Florida: 17
31	31	18
32	32	Section 1. Present paragraphs (c) and (d) of subsection 19
33	33	(14) of section 316.193, Florida Statutes, are redesignated as 20
34	34	paragraphs (d) and (e), respectively, a new paragraph (c) is 21
35	35	added to that subsection, subsections (1) and (9) of that 22
36	36	section are amended, and subsection (2) of that section is 23
37	37	republished, to read: 24
38	38	316.193 Driving under the influence; penalties. — 25
39	39
40	40	HB 549 2023
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45	45	hb0549-00
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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49	49
50	50
51	51	(1)(a) A person commits is guilty of the offense of 26
52	52	driving under the influence and is subject to punishment as 27
53	53	provided in subsection (2) if the person is driving or in actual 28
54	54	physical control of a vehicle within this state and: 29
55	55	1.(a) The person is under the influence of alcoholic 30
56	56	beverages, any chemical substance set forth in s. 877.111, or 31
57	57	any substance controlled under chapter 893, or any other 32
58	58	impairing substance, or any combination thereof, when affected 33
59	59	to the extent that the person's normal faculties are impaired; 34
60	60	2.(b) The person has a blood-alcohol level of 0.08 or more 35
61	61	grams of alcohol per 100 milliliters of blood; or 36
62	62	3.(c) The person has a breath -alcohol level of 0.08 or 37
63	63	more grams of alcohol per 210 liters of breath ; or 38
64	64	4. The person has in his or her blood any amount of a 39
65	65	chemical substance set forth in s. 877.111 or a substance 40
66	66	controlled under chapter 893, or such chemical or controlled 41
67	67	substance in any combination with alcohol as a result of 42
68	68	consuming alcohol before or during driving . 43
69	69	(b) It is an affirmative defense as t o the presence of a 44
70	70	chemical or controlled substance under subparagraph (a)4. that 45
71	71	the person ingested, injected, or inhaled the substance in 46
72	72	accordance with a valid prescription issued pursuant to s. 47
73	73	893.04 by a practitioner as defined in s. 893.02, or pu rsuant to 48
74	74	s. 381.986, and in accordance with the practitioner's 49
75	75	directions. However, the fact that a person is or was legally 50
76	76
77	77	HB 549 2023
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
87	87
88	88	entitled to consume alcohol or any other chemical or controlled 51
89	89	substance, medication, drug, or other impairing substance is not 52
90	90	an affirmative defense to this section. 53
91	91	(2)(a) Except as provided in paragraph (b), subsection 54
92	92	(3), or subsection (4), any person who is convicted of a 55
93	93	violation of subsection (1) shall be punished: 56
94	94	1. By a fine of: 57
95	95	a. Not less than $500 or more than $1,000 for a first 58
96	96	conviction. 59
97	97	b. Not less than $1,000 or more than $2,000 for a second 60
98	98	conviction; and 61
99	99	2. By imprisonment for: 62
100	100	a. Not more than 6 months for a first conviction. 63
101	101	b. Not more than 9 months for a second conviction. 64
102	102	3. For a second conviction, by mandatory placement for a 65
103	103	period of at least 1 year, at the convicted person's sole 66
104	104	expense, of an ignition interlock device approved by the 67
105	105	department in accordance with s. 316.1938 upon all vehicles that 68
106	106	are individually or jointly leased or owned and routinely 69
107	107	operated by the convicted person, when the convicted person 70
108	108	qualifies for a permanent or restricted license. 71
109	109	72
110	110	The portion of a fine imposed in excess of $500 pursuant to sub -73
111	111	subparagraph 1.a. and the portion of a fine imposed in exce ss of 74
112	112	$1,000 pursuant to sub -subparagraph 1.b., shall be remitted by 75
113	113
114	114	HB 549 2023
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125	the clerk to the Department of Revenue for deposit into the 76
126	126	General Revenue Fund. 77
127	127	(b)1. Any person who is convicted of a third violation of 78
128	128	this section for an offense that occurs withi n 10 years after a 79
129	129	prior conviction for a violation of this section commits a 80
130	130	felony of the third degree, punishable as provided in s. 81
131	131	775.082, s. 775.083, or s. 775.084. In addition, the court shall 82
132	132	order the mandatory placement for a period of not less t han 2 83
133	133	years, at the convicted person's sole expense, of an ignition 84
134	134	interlock device approved by the department in accordance with 85
135	135	s. 316.1938 upon all vehicles that are individually or jointly 86
136	136	leased or owned and routinely operated by the convicted person , 87
137	137	when the convicted person qualifies for a permanent or 88
138	138	restricted license. 89
139	139	2. Any person who is convicted of a third violation of 90
140	140	this section for an offense that occurs more than 10 years after 91
141	141	the date of a prior conviction for a violation of this se ction 92
142	142	shall be punished by a fine of not less than $2,000 or more than 93
143	143	$5,000 and by imprisonment for not more than 12 months. The 94
144	144	portion of a fine imposed in excess of $2,500 pursuant to this 95
145	145	subparagraph shall be remitted by the clerk to the Department of 96
146	146	Revenue for deposit into the General Revenue Fund. In addition, 97
147	147	the court shall order the mandatory placement for a period of at 98
148	148	least 2 years, at the convicted person's sole expense, of an 99
149	149	ignition interlock device approved by the department in 100
150	150
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159	159
160	160
161	161
162	162	accordance with s. 316.1938 upon all vehicles that are 101
163	163	individually or jointly leased or owned and routinely operated 102
164	164	by the convicted person, when the convicted person qualifies for 103
165	165	a permanent or restricted license. 104
166	166	3. Any person who is convicted of a fourth or subsequent 105
167	167	violation of this section, regardless of when any prior 106
168	168	conviction for a violation of this section occurred, commits a 107
169	169	felony of the third degree, punishable as provided in s. 108
170	170	775.082, s. 775.083, or s. 775.084. However, the fine imposed 109
171	171	for such fourth or subsequent violation may be not less than 110
172	172	$2,000. The portion of a fine imposed in excess of $1,000 111
173	173	pursuant to this subparagraph shall be remitted by the clerk to 112
174	174	the Department of Revenue for deposit into the General Revenue 113
175	175	Fund. 114
176	176	(c) In addition to the penalties in paragraph (a), the 115
177	177	court may order placement, at the convicted person's sole 116
178	178	expense, of an ignition interlock device approved by the 117
179	179	department in accordance with s. 316.1938 for at least 6 118
180	180	continuous months upon all vehicles that are individually or 119
181	181	jointly leased or owned and routinely operated by the convicted 120
182	182	person if, at the time of the offense, the person had a blood -121
183	183	alcohol level or breath -alcohol level of .08 or higher. 122
184	184	(9) A person who is arrested for a violation o f this 123
185	185	section may not be released from custody: 124
186	186	(a) Until the person is no longer under the influence of 125
187	187
188	188	HB 549 2023
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190	190
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192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0549-00
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
196	196
197	197
198	198
199	199	alcoholic beverages, any chemical substance set forth in s. 126
200	200	877.111, or any substance controlled under chapter 893 , or any 127
201	201	other impairing substance , or any combination thereof, and 128
202	202	affected to the extent that his or her normal faculties are 129
203	203	impaired; 130
204	204	(b) Until the person's blood -alcohol level or breath -131
205	205	alcohol level is less than 0.05; or 132
206	206	(c) Until 8 hours have elapsed from the time the person 133
207	207	was arrested. 134
208	208	(14) As used in this chapter, the term: 135
209	209	(c) "Impairing substance" means any substance that, when 136
210	210	taken into the human body, can impair, or diminish in some 137
211	211	material respect, a person's normal faculties. Such normal 138
212	212	faculties include, but are not limited to, the ability to see, 139
213	213	hear, walk, talk, judge distances, drive a motor vehicle, make 140
214	214	judgments, act in emergencies, and, in general, normally perform 141
215	215	the many mental and physical acts of daily life. 142
216	216	Section 2. Subsections (1) and (8) of section 327.35, 143
217	217	Florida Statutes, are amended, subsection (11) is added to that 144
218	218	section, and subsection (2) of that section is republished, to 145
219	219	read: 146
220	220	327.35 Boating under the influence; penalties; "designated 147
221	221	drivers."— 148
222	222	(1)(a) A person commits is guilty of the offense of 149
223	223	boating under the influence and is subject to punishment as 150
224	224
225	225	HB 549 2023
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227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0549-00
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234	234
235	235
236	236	provided in subsection (2) if the person is operating a vessel 151
237	237	within this state and: 152
238	238	1.(a) The person is under the influence of alcoholic 153
239	239	beverages, any chemical substance se t forth in s. 877.111, or 154
240	240	any substance controlled under chapter 893, or any other 155
241	241	impairing substance, or any combination thereof, when affected 156
242	242	to the extent that the person's normal faculties are impaired; 157
243	243	2.(b) The person has a blood -alcohol level of 0.08 or more 158
244	244	grams of alcohol per 100 milliliters of blood; or 159
245	245	3.(c) The person has a breath -alcohol level of 0.08 or 160
246	246	more grams of alcohol per 210 liters of breath ; or 161
247	247	4. The person has in his or her blood any amount of a 162
248	248	chemical substance set forth in s. 877.111 or a substance 163
249	249	controlled under chapter 893, or such chemical or controlled 164
250	250	substance in any combination with alcohol as a result of 165
251	251	consuming alcohol before or during operating . 166
252	252	(b) It is an affirmative defense as to the presence of a 167
253	253	chemical or controlled substance under subparagraph (a)4. that 168
254	254	the person ingested, injected, or inhaled the substance in 169
255	255	accordance with a valid prescription issued pursuant to s. 170
256	256	893.04 by a practitioner as defined in s. 893.02, or pursuant to 171
257	257	s. 381.986, and in accordance with the practitioner's 172
258	258	directions. However, the fact that a person is or was legally 173
259	259	entitled to consume alcohol or any other chemical or controlled 174
260	260	substance, medication, drug, or other impairing substance is not 175
261	261
262	262	HB 549 2023
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266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb0549-00
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
270	270
271	271
272	272
273	273	an affirmative defense t o this section. 176
274	274	(2)(a) Except as provided in paragraph (b), subsection 177
275	275	(3), or subsection (4), any person who is convicted of a 178
276	276	violation of subsection (1) shall be punished: 179
277	277	1. By a fine of: 180
278	278	a. Not less than $500 or more than $1,000 for a first 181
279	279	conviction. 182
280	280	b. Not less than $1,000 or more than $2,000 for a second 183
281	281	conviction; and 184
282	282	2. By imprisonment for: 185
283	283	a. Not more than 6 months for a first conviction. 186
284	284	b. Not more than 9 months for a second conviction. 187
285	285	188
286	286	The portion of a fine imposed in excess of $500 pursuant to sub -189
287	287	subparagraph 1.a. and the portion of a fine imposed in excess of 190
288	288	$1,000 pursuant to sub -subparagraph 1.b., shall be remitted by 191
289	289	the clerk to the Department of Revenue for deposit into the 192
290	290	General Revenue Fund. 193
291	291	(b)1. Any person who is convicted of a third violation of 194
292	292	this section for an offense that occurs within 10 years after a 195
293	293	prior conviction for a violation of this section commits a 196
294	294	felony of the third degree, punishable as provided in s. 197
295	295	775.082, s. 775.083, or s. 775.084. 198
296	296	2. Any person who is convicted of a third violation of 199
297	297	this section for an offense that occurs more than 10 years after 200
298	298
299	299	HB 549 2023
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303	303	CODING: Words stricken are deletions; words underlined are additions.
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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308	308
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310	310	the date of a prior conviction for a violation of this section 201
311	311	shall be punished by a fine of not less than $2,000 or more than 202
312	312	$5,000 and by imprisonment for not more than 12 months. The 203
313	313	portion of a fine imposed in excess of $2,500 pursuant to this 204
314	314	subparagraph shall be remitted by the clerk to the Department of 205
315	315	Revenue for deposit into the General Revenue Fund. 206
316	316	3. Any person who is co nvicted of a fourth or subsequent 207
317	317	violation of this section, regardless of when any prior 208
318	318	conviction for a violation of this section occurred, commits a 209
319	319	felony of the third degree, punishable as provided in s. 210
320	320	775.082, s. 775.083, or s. 775.084. 211
321	321	212
322	322	However, the fine imposed for such fourth or subsequent 213
323	323	violation may not be less than $2,000. The portion of such fine 214
324	324	imposed in excess of $1,000 shall be remitted by the clerk to 215
325	325	the Department of Revenue for deposit into the General Revenue 216
326	326	Fund. 217
327	327	(8) A person who is arrested for a violation of this 218
328	328	section may not be released from custody: 219
329	329	(a) Until the person is no longer under the influence of 220
330	330	alcoholic beverages, any chemical substance set forth in s. 221
331	331	877.111, or any substance controlled under chapter 893 , or any 222
332	332	other impairing substance, or any combination thereof, and 223
333	333	affected to the extent that his or her normal faculties are 224
334	334	impaired; 225
335	335
336	336	HB 549 2023
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340	340	CODING: Words stricken are deletions; words underlined are additions.
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	(b) Until the person's blood -alcohol level or breath -226
348	348	alcohol level is less than 0.05; or 227
349	349	(c) Until 8 hours have el apsed from the time the person 228
350	350	was arrested. 229
351	351	(11) As used in this section, the term "impairing 230
352	352	substance" means any substance that, when taken into the human 231
353	353	body, can impair, or diminish in some material respect, a 232
354	354	person's normal faculties. Such normal faculties include, but 233
355	355	are not limited to, the ability to see, hear, walk, talk, judge 234
356	356	distances, drive a motor vehicle, make judgments, act in 235
357	357	emergencies, and, in general, normally perform the many mental 236
358	358	and physical acts of daily life. 237
359	359	Section 3. Section 933.02, Florida Statutes, is amended to 238
360	360	read: 239
361	361	933.02 Grounds for issuance of search warrant. —Upon proper 240
362	362	affidavits being made, a search warrant may be issued under the 241
363	363	provisions of this chapter upon any of the following grounds: 242
364	364	(1) When the property shall have been stolen or embezzled 243
365	365	in violation of law; 244
366	366	(2) When any property shall have been used: 245
367	367	(a) As a means to commit any crime; 246
368	368	(b) In connection with gambling, gambling implements and 247
369	369	appliances; or 248
370	370	(c) In violation of s. 847.011 or other laws in reference 249
371	371	to obscene prints and literature; 250
372	372
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	(3) When any property constitutes evidence relevant to 251
385	385	proving that a felony has been committed; 252
386	386	(4) When any property is being held or possessed: 253
387	387	(a) In violation of any of the laws prohi biting the 254
388	388	manufacture, sale, and transportation of intoxicating liquors; 255
389	389	(b) In violation of the fish and game laws; 256
390	390	(c) In violation of the laws relative to food and drug; or 257
391	391	(d) In violation of the laws relative to citrus disease 258
392	392	pursuant to s. 581.184; or 259
393	393	(5) When the laws in relation to cruelty to animals, as 260
394	394	provided in chapter 828, have been or are violated in any 261
395	395	particular building or place ; or 262
396	396	(6) When a sample of the blood of a person constitutes 263
397	397	evidence relevant to proving that a viol ation of s. 316.193 or 264
398	398	s. 327.35 has been committed . 265
399	399	266
400	400	This section also applies to any papers or documents used as a 267
401	401	means of or in aid of the commission of any offense against the 268
402	402	laws of the state. 269
403	403	Section 4. Paragraph (f) of subsection (1) of section 270
404	404	316.1932, Florida Statutes, is amended to read: 271
405	405	316.1932 Tests for alcohol, chemical substances, or 272
406	406	controlled substances; implied consent; refusal. — 273
407	407	(1) 274
408	408	(f)1. The tests determining the weight of alcohol in the 275
409	409
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	defendant's blood or breath shal l be administered at the request 276
422	422	of a law enforcement officer substantially in accordance with 277
423	423	rules of the Department of Law Enforcement. Such rules must 278
424	424	specify precisely the test or tests that are approved by the 279
425	425	Department of Law Enforcement for reliab ility of result and ease 280
426	426	of administration, and must provide an approved method of 281
427	427	administration which must be followed in all such tests given 282
428	428	under this section. However, the failure of a law enforcement 283
429	429	officer to request the withdrawal of blood does n ot affect the 284
430	430	admissibility of a test of blood withdrawn for medical purposes. 285
431	431	2.a. Only a physician, certified paramedic, registered 286
432	432	nurse, licensed practical nurse, other personnel authorized by a 287
433	433	hospital to draw blood, or duly licensed clinical labor atory 288
434	434	director, supervisor, technologist, or technician, acting at the 289
435	435	request of a law enforcement officer, may withdraw blood for the 290
436	436	purpose of determining its alcoholic content or the presence of 291
437	437	chemical substances or controlled substances therein. Ho wever, 292
438	438	the failure of a law enforcement officer to request the 293
439	439	withdrawal of blood does not affect the admissibility of a test 294
440	440	of blood withdrawn for medical purposes. 295
441	441	b. Notwithstanding any provision of law pertaining to the 296
442	442	confidentiality of hospital records or other medical records, if 297
443	443	a health care provider, who is providing medical care in a 298
444	444	health care facility to a person injured in a motor vehicle 299
445	445	crash, becomes aware, as a result of any blood test performed in 300
446	446
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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456	456
457	457
458	458	the course of that medical treatmen t, that the person's blood -301
459	459	alcohol level meets or exceeds the blood -alcohol level specified 302
460	460	in s. 316.193(1)(a)2. s. 316.193(1)(b), the health care provider 303
461	461	may notify any law enforcement officer or law enforcement 304
462	462	agency. Any such notice must be given wit hin a reasonable time 305
463	463	after the health care provider receives the test result. Any 306
464	464	such notice shall be used only for the purpose of providing the 307
465	465	law enforcement officer with reasonable cause to request the 308
466	466	withdrawal of a blood sample pursuant to this se ction. 309
467	467	c. The notice must shall consist only of the name of the 310
468	468	person being treated, the name of the person who drew the blood, 311
469	469	the blood-alcohol level indicated by the test, and the date and 312
470	470	time of the administration of the test. 313
471	471	d. Nothing containe d in s. 395.3025(4), s. 456.057, or any 314
472	472	applicable practice act affects the authority to provide notice 315
473	473	under this section, and the health care provider is not 316
474	474	considered to have breached any duty owed to the person under s. 317
475	475	395.3025(4), s. 456.057, or any applicable practice act by 318
476	476	providing notice or failing to provide notice. It is not shall 319
477	477	not be a breach of any ethical, moral, or legal duty for a 320
478	478	health care provider to provide notice or fail to provide 321
479	479	notice. 322
480	480	e. A civil, criminal, or administrativ e action may not be 323
481	481	brought against any person or health care provider participating 324
482	482	in good faith in the provision of notice or failure to provide 325
483	483
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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493	493
494	494
495	495	notice as provided in this section. Any person or health care 326
496	496	provider participating in the provision of not ice or failure to 327
497	497	provide notice as provided in this section shall be immune from 328
498	498	any civil or criminal liability and from any professional 329
499	499	disciplinary action with respect to the provision of notice or 330
500	500	failure to provide notice under this section. Any suc h 331
501	501	participant has the same immunity with respect to participating 332
502	502	in any judicial proceedings resulting from the notice or failure 333
503	503	to provide notice. 334
504	504	3. The person tested may, at his or her own expense, have 335
505	505	a physician, registered nurse, other personnel authorized by a 336
506	506	hospital to draw blood, or duly licensed clinical laboratory 337
507	507	director, supervisor, technologist, or technician, or other 338
508	508	person of his or her own choosing administer an independent test 339
509	509	in addition to the test administered at the direction of the law 340
510	510	enforcement officer for the purpose of determining the amount of 341
511	511	alcohol in the person's blood or breath or the presence of 342
512	512	chemical substances or controlled substances at the time 343
513	513	alleged, as shown by chemical analysis of his or her blood or 344
514	514	urine, or by chemical or physical test of his or her breath. The 345
515	515	failure or inability to obtain an independent test by a person 346
516	516	does not preclude the admissibility in evidence of the test 347
517	517	taken at the direction of the law enforcement officer. The law 348
518	518	enforcement officer shall not interfere with the person's 349
519	519	opportunity to obtain the independent test and shall provide the 350
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532	532	person with timely telephone access to secure the test, but the 351
533	533	burden is on the person to arrange and secure the test at the 352
534	534	person's own expense. 353
535	535	4. Upon the request of the person tested, full information 354
536	536	concerning the results of the test taken at the direction of the 355
537	537	law enforcement officer shall be made available to the person or 356
538	538	his or her attorney. Full information is limited to the 357
539	539	following: 358
540	540	a. The type of test administered and the procedures 359
541	541	followed. 360
542	542	b. The time of the collection of the blood or breath 361
543	543	sample analyzed. 362
544	544	c. The numerical results of the test indicating the 363
545	545	alcohol content of the blood and breath. 364
546	546	d. The type and status of any permit issued by the 365
547	547	Department of Law Enforcement which was held by the person who 366
548	548	performed the test. 367
549	549	e. If the test was administered by means of a breath 368
550	550	testing instrument, the date of performance of the most recent 369
551	551	required inspection of such instrument. 370
552	552	371
553	553	Full information does not include manuals, schematics, or 372
554	554	software of the instrument used to test the person or any other 373
555	555	material that is not in the actual possession of the state. 374
556	556	Additionally, full information does not include i nformation in 375
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569	569	the possession of the manufacturer of the test instrument. 376
570	570	5. A hospital, clinical laboratory, medical clinic, or 377
571	571	similar medical institution or physician, certified paramedic, 378
572	572	registered nurse, licensed practical nurse, other personnel 379
573	573	authorized by a hospital to draw blood, or duly licensed 380
574	574	clinical laboratory director, supervisor, technologist, or 381
575	575	technician, or other person assisting a law enforcement officer 382
576	576	does not incur any civil or criminal liability as a result of 383
577	577	the withdrawal or analysis of a blood or urine specimen, or the 384
578	578	chemical or physical test of a person's breath pursuant to 385
579	579	accepted medical standards when requested by a law enforcement 386
580	580	officer, regardless of whether or not the subject resisted 387
581	581	administration of the test. 388
582	582	Section 5. Paragraph (a) of subsection (2) of section 389
583	583	316.1933, Florida Statutes, is amended to read: 390
584	584	316.1933 Blood test for impairment or intoxication in 391
585	585	cases of death or serious bodily injury; right to use reasonable 392
586	586	force.— 393
587	587	(2)(a) Only a physi cian, certified paramedic, registered 394
588	588	nurse, licensed practical nurse, other personnel authorized by a 395
589	589	hospital to draw blood, or duly licensed clinical laboratory 396
590	590	director, supervisor, technologist, or technician, acting at the 397
591	591	request of a law enforcemen t officer, may withdraw blood for the 398
592	592	purpose of determining the alcoholic content thereof or the 399
593	593	presence of chemical substances or controlled substances 400
594	594
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606	606	therein. However, the failure of a law enforcement officer to 401
607	607	request the withdrawal of blood does not shall not affect the 402
608	608	admissibility of a test of blood withdrawn for medical purposes. 403
609	609	1. Notwithstanding any provision of law pertaining to the 404
610	610	confidentiality of hospital records or other medical records, if 405
611	611	a health care provider , who is providing medical care in a 406
612	612	health care facility to a person injured in a motor vehicle 407
613	613	crash, becomes aware, as a result of any blood test performed in 408
614	614	the course of that medical treatment, that the person's blood -409
615	615	alcohol level meets or exceeds the blood -alcohol level specified 410
616	616	in s. 316.193(1)(a)2. s. 316.193(1)(b), the health care provider 411
617	617	may notify any law enforcement officer or law enforcement 412
618	618	agency. Any such notice must be given within a reasonable time 413
619	619	after the health care provider receives the test result. A ny 414
620	620	such notice shall be used only for the purpose of providing the 415
621	621	law enforcement officer with reasonable cause to request the 416
622	622	withdrawal of a blood sample pursuant to this section. 417
623	623	2. The notice must shall consist only of the name of the 418
624	624	person being treated, the name of the person who drew the blood, 419
625	625	the blood-alcohol level indicated by the test, and the date and 420
626	626	time of the administration of the test. 421
627	627	3. Nothing contained in s. 395.3025(4), s. 456.057, or any 422
628	628	applicable practice act affects the auth ority to provide notice 423
629	629	under this section, and the health care provider is not 424
630	630	considered to have breached any duty owed to the person under s. 425
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643	643	395.3025(4), s. 456.057, or any applicable practice act by 426
644	644	providing notice or failing to provide notice. It is not shall 427
645	645	not be a breach of any ethical, moral, or legal duty for a 428
646	646	health care provider to provide notice or fail to provide 429
647	647	notice. 430
648	648	4. A civil, criminal, or administrative action may not be 431
649	649	brought against any person or health care provider participa ting 432
650	650	in good faith in the provision of notice or failure to provide 433
651	651	notice as provided in this section. Any person or health care 434
652	652	provider participating in the provision of notice or failure to 435
653	653	provide notice as provided in this section shall be immune fro m 436
654	654	any civil or criminal liability and from any professional 437
655	655	disciplinary action with respect to the provision of notice or 438
656	656	failure to provide notice under this section. Any such 439
657	657	participant has the same immunity with respect to participating 440
658	658	in any judicial proceedings resulting from the notice or failure 441
659	659	to provide notice. 442
660	660	Section 6. This act shall take effect October 1, 2023. 443