Florida Statute 316.1932 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIII
MOTOR VEHICLES

Chapter 316
STATE UNIFORM TRAFFIC CONTROL

View Entire Chapter

F.S. 316.1932

316.1932 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.—

(1)(a)1.a. A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages. The chemical or physical breath test must be incidental to a lawful arrest and administered at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of the motor vehicle within this state while under the influence of alcoholic beverages. The administration of a breath test does not preclude the administration of another type of test. The person shall be told that his or her failure to submit to any lawful test of his or her breath will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended or if he or she has previously been fined under s. 327.35215 as a result of a refusal to submit to a test or tests required under this chapter or chapter 327, and shall also be told that if he or she refuses to submit to a lawful test of his or her breath, he or she commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, or a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if his or her driving privilege has been previously suspended or if he or she has previously been fined under s. 327.35215 for a prior refusal to submit to a lawful test of his or her breath, urine, or blood as required under this chapter or chapter 327, in addition to any other penalties provided by law. The refusal to submit to a chemical or physical breath test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.

b. A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to a urine test for the purpose of detecting the presence of chemical substances as set forth in s. 877.111 or controlled substances if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of chemical substances or controlled substances. The urine test must be incidental to a lawful arrest and administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has reasonable cause to believe such person was driving or was in actual physical control of a motor vehicle within this state while under the influence of chemical substances or controlled substances. The urine test shall be administered at a detention facility or any other facility, mobile or otherwise, which is equipped to administer such test in a reasonable manner that will ensure the accuracy of the specimen and maintain the privacy of the individual involved. The administration of a urine test does not preclude the administration of another type of test. The person shall be told that his or her failure to submit to any lawful test of his or her urine will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for the first refusal, or for a period of 18 months if the driving privilege of such person has been previously suspended or if he or she has previously been fined under s. 327.35215 as a result of a refusal to submit to a test or tests required under this chapter or chapter 327, and shall also be told that if he or she refuses to submit to a lawful test of his or her urine, he or she commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, or a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if his or her driving privilege has been previously suspended or if he or she has previously been fined under s. 327.35215 for a prior refusal to submit to a lawful test of his or her breath, urine, or blood as required under this chapter or chapter 327, in addition to any other penalties provided by law. The refusal to submit to a urine test upon the request of a law enforcement officer as provided in this section is admissible into evidence in any criminal proceeding.

2. The Alcohol Testing Program within the Department of Law Enforcement is responsible for the regulation of the operation, inspection, and registration of breath test instruments utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327. The program is responsible for the regulation of the individuals who operate, inspect, and instruct on the breath test instruments utilized in the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327. The program is further responsible for the regulation of blood analysts who conduct blood testing to be utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327. The program shall:

a. Establish uniform criteria for the issuance of permits to breath test operators, agency inspectors, instructors, blood analysts, and instruments.

b. Have the authority to permit breath test operators, agency inspectors, instructors, blood analysts, and instruments.

c. Have the authority to discipline and suspend, revoke, or renew the permits of breath test operators, agency inspectors, instructors, blood analysts, and instruments.

d. Establish uniform requirements for instruction and curricula for the operation and inspection of approved instruments.

e. Have the authority to specify one approved curriculum for the operation and inspection of approved instruments.

f. Establish a procedure for the approval of breath test operator and agency inspector classes.

g. Have the authority to approve or disapprove breath test instruments and accompanying paraphernalia for use pursuant to the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327.

h. With the approval of the executive director of the Department of Law Enforcement, make and enter into contracts and agreements with other agencies, organizations, associations, corporations, individuals, or federal agencies as are necessary, expedient, or incidental to the performance of duties.

i. Issue final orders which include findings of fact and conclusions of law and which constitute final agency action for the purpose of chapter 120.

j. Enforce compliance with this section through civil or administrative proceedings.

k. Make recommendations concerning any matter within the purview of this section, this chapter, chapter 322, or chapter 327.

l. Promulgate rules for the administration and implementation of this section, including definitions of terms.

m. Consult and cooperate with other entities for the purpose of implementing the mandates of this section.

n. Have the authority to approve the type of blood test utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327.

o. Have the authority to specify techniques and methods for breath alcohol testing and blood testing utilized under the driving and boating under the influence provisions and related provisions located in this chapter and chapters 322 and 327.

p. Have the authority to approve repair facilities for the approved breath test instruments, including the authority to set criteria for approval.

Nothing in this section shall be construed to supersede provisions in this chapter and chapters 322 and 327. The specifications in this section are derived from the power and authority previously and currently possessed by the Department of Law Enforcement and are enumerated to conform with the mandates of chapter 99-379, Laws of Florida.

(b)1. The blood-alcohol level must be based upon grams of alcohol per 100 milliliters of blood. The breath-alcohol level must be based upon grams of alcohol per 210 liters of breath.

2. An analysis of a person’s breath, in order to be considered valid under this section, must have been performed substantially according to methods approved by the Department of Law Enforcement. For this purpose, the department may approve satisfactory techniques or methods. Any insubstantial differences between approved techniques and actual testing procedures in any individual case do not render the test or test results invalid.

(c) A person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by operating such vehicle, deemed to have given his or her consent to submit to an approved blood test for the purpose of determining the alcoholic content of the blood or a blood test for the purpose of determining the presence of chemical substances or controlled substances as provided in this section if there is reasonable cause to believe the person was driving or in actual physical control of a motor vehicle while under the influence of alcoholic beverages or chemical or controlled substances and the person appears for treatment at a hospital, clinic, or other medical facility and the administration of a breath or urine test is impractical or impossible. As used in this paragraph, the term “other medical facility” includes an ambulance or other medical emergency vehicle. The blood test shall be performed in a reasonable manner. A person who is incapable of refusal by reason of unconsciousness or other mental or physical condition is deemed not to have withdrawn his or her consent to such test. A blood test may be administered whether or not the person is told that his or her failure to submit to such a blood test will result in the suspension of the person’s privilege to operate a motor vehicle upon the public highways of this state and that a refusal to submit to a lawful test of his or her blood, if his or her driving privilege has been previously suspended for refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor. A person who is capable of refusal shall be told that his or her failure to submit to such a blood test will result in the suspension of the person’s privilege to operate a motor vehicle for a period of 1 year for a first refusal, or for a period of 18 months if the driving privilege of the person has been suspended previously or if he or she has previously been fined under s. 327.35215 as a result of a refusal to submit to a test or tests required under this chapter or chapter 327. The refusal to submit to a blood test upon the request of a law enforcement officer is admissible in evidence in any criminal proceeding.

(d) If the arresting officer does not request a chemical or physical breath test of the person arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages or controlled substances, such person may request the arresting officer to have a chemical or physical test made of the arrested person’s breath or a test of the urine or blood for the purpose of determining the alcoholic content of the person’s blood or breath or the presence of chemical substances or controlled substances; and, if so requested, the arresting officer shall have the test performed.

(e)1. By applying for a driver license and by accepting and using a driver license, the person holding the driver license is deemed to have expressed his or her consent to the provisions of this section.

2. A nonresident or any other person driving in a status exempt from the requirements of the driver license law, by his or her act of driving in such exempt status, is deemed to have expressed his or her consent to the provisions of this section.

3. A warning of the consent provision of this section shall be printed on each new or renewed driver license.

(f)1. The tests determining the weight of alcohol in the defendant’s blood or breath shall be administered at the request of a law enforcement officer substantially in accordance with rules of the Department of Law Enforcement. Such rules must specify precisely the test or tests that are approved by the Department of Law Enforcement for reliability of result and ease of administration, and must provide an approved method of administration which must be followed in all such tests given under this section. However, the failure of a law enforcement officer to request the withdrawal of blood does not affect the admissibility of a test of blood withdrawn for medical purposes.

2.a. Only a physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, acting at the request of a law enforcement officer, may withdraw blood for the purpose of determining its alcoholic content or the presence of chemical substances or controlled substances therein. However, the failure of a law enforcement officer to request the withdrawal of blood does not affect the admissibility of a test of blood withdrawn for medical purposes.

b. Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, if a health care provider, who is providing medical care in a health care facility to a person injured in a motor vehicle crash, becomes aware, as a result of any blood test performed in the course of that medical treatment, that the person’s blood-alcohol level meets or exceeds the blood-alcohol level specified in s. 316.193(1)(b), the health care provider may notify any law enforcement officer or law enforcement agency. Any such notice must be given within a reasonable time after the health care provider receives the test result. Any such notice shall be used only for the purpose of providing the law enforcement officer with reasonable cause to request the withdrawal of a blood sample pursuant to this section.

c. The notice shall consist only of the name of the person being treated, the name of the person who drew the blood, the blood-alcohol level indicated by the test, and the date and time of the administration of the test.

d. Nothing contained in s. 395.3025(4), s. 456.057, or any applicable practice act affects the authority to provide notice under this section, and the health care provider is not considered to have breached any duty owed to the person under s. 395.3025(4), s. 456.057, or any applicable practice act by providing notice or failing to provide notice. It shall not be a breach of any ethical, moral, or legal duty for a health care provider to provide notice or fail to provide notice.

e. A civil, criminal, or administrative action may not be brought against any person or health care provider participating in good faith in the provision of notice or failure to provide notice as provided in this section. Any person or health care provider participating in the provision of notice or failure to provide notice as provided in this section shall be immune from any civil or criminal liability and from any professional disciplinary action with respect to the provision of notice or failure to provide notice under this section. Any such participant has the same immunity with respect to participating in any judicial proceedings resulting from the notice or failure to provide notice.

3. The person tested may, at his or her own expense, have a physician, registered nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person of his or her own choosing administer an independent test in addition to the test administered at the direction of the law enforcement officer for the purpose of determining the amount of alcohol in the person’s blood or breath or the presence of chemical substances or controlled substances at the time alleged, as shown by chemical analysis of his or her blood or urine, or by chemical or physical test of his or her breath. The failure or inability to obtain an independent test by a person does not preclude the admissibility in evidence of the test taken at the direction of the law enforcement officer. The law enforcement officer shall not interfere with the person’s opportunity to obtain the independent test and shall provide the person with timely telephone access to secure the test, but the burden is on the person to arrange and secure the test at the person’s own expense.

4. Upon the request of the person tested, full information concerning the results of the test taken at the direction of the law enforcement officer shall be made available to the person or his or her attorney. Full information is limited to the following:

a. The type of test administered and the procedures followed.

b. The time of the collection of the blood or breath sample analyzed.

c. The numerical results of the test indicating the alcohol content of the blood and breath.

d. The type and status of any permit issued by the Department of Law Enforcement which was held by the person who performed the test.

e. If the test was administered by means of a breath testing instrument, the date of performance of the most recent required inspection of such instrument.

Full information does not include manuals, schematics, or software of the instrument used to test the person or any other material that is not in the actual possession of the state. Additionally, full information does not include information in the possession of the manufacturer of the test instrument.

5. A hospital, clinical laboratory, medical clinic, or similar medical institution or physician, certified paramedic, registered nurse, licensed practical nurse, other personnel authorized by a hospital to draw blood, or duly licensed clinical laboratory director, supervisor, technologist, or technician, or other person assisting a law enforcement officer does not incur any civil or criminal liability as a result of the withdrawal or analysis of a blood or urine specimen, or the chemical or physical test of a person’s breath pursuant to accepted medical standards when requested by a law enforcement officer, regardless of whether or not the subject resisted administration of the test.

(2) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance.

(3) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records, information relating to the alcoholic content of the blood or breath or the presence of chemical substances or controlled substances in the blood obtained pursuant to this section shall be released to a court, prosecuting attorney, defense attorney, or law enforcement officer in connection with an alleged violation of s. 316.193 upon request for such information.

History.—s. 3, ch. 82-155; s. 3, ch. 82-403; s. 1, ch. 83-218; s. 4, ch. 83-228; s. 3, ch. 84-359; s. 2, ch. 86-296; s. 3, ch. 88-5; s. 1, ch. 88-82; s. 2, ch. 91-255; s. 20, ch. 92-58; s. 314, ch. 95-148; s. 4, ch. 96-330; s. 1, ch. 98-27; s. 6, ch. 2000-160; s. 1, ch. 2000-226; s. 2, ch. 2002-263; s. 1, ch. 2003-54; s. 33, ch. 2005-164; s. 1, ch. 2006-247; s. 1, ch. 2021-184; s. 3, ch. 2025-121.

F.S. 316.1932 on Google Scholar

F.S. 316.1932 on CourtListener

Amendments to 316.1932

Annotations, Discussions, Cases:

Cases Citing Statute 316.1932

Total Results: 189

Everton v. Willard

468 So. 2d 936, 10 Fla. L. Weekly 201

Supreme Court of Florida | Filed: Apr 4, 1985 | Docket: 1402273

Cited 112 times | Published

powers or police powers doctrine. NOTES [1] § 316.1932(1)(b)(1), Fla. Stat. (1983). [1] The reference

Ruth Dyer v. Shannon Lee

488 F.3d 876, 2007 U.S. App. LEXIS 12941, 2007 WL 1597855

Court of Appeals for the Eleventh Circuit | Filed: Jun 5, 2007 | Docket: 398932

Cited 84 times | Published

suspension of their driving privileges. Fla. Stat. § 316.1932. 2 . According to the parties

Houser v. State

474 So. 2d 1193, 10 Fla. L. Weekly 412

Supreme Court of Florida | Filed: Aug 22, 1985 | Docket: 1469916

Cited 83 times | Published

preserve a blood sample, drawn pursuant *1196 to section 316.1932, on the behalf of criminal defendants. See

Unruh v. State

669 So. 2d 242, 1996 WL 97457

Supreme Court of Florida | Filed: Mar 7, 1996 | Docket: 117675

Cited 65 times | Published

ALCOHOL WHEN IT IS REQUESTED, PURSUANT TO SECTION 316.1932(1)(f)3, FLORIDA STATUTES? 658 So.2d at 1014

Unruh v. State

669 So. 2d 242, 1996 WL 97457

Supreme Court of Florida | Filed: Mar 7, 1996 | Docket: 117675

Cited 65 times | Published

ALCOHOL WHEN IT IS REQUESTED, PURSUANT TO SECTION 316.1932(1)(f)3, FLORIDA STATUTES? 658 So.2d at 1014

State v. Taylor

648 So. 2d 701, 1995 WL 2418

Supreme Court of Florida | Filed: Jan 5, 1995 | Docket: 646045

Cited 37 times | Published

to submit to alcohol or substance tests. See § 316.1932, Fla. Stat. (1991). These post-arrest tests are

Williams v. State

710 So. 2d 24, 1998 WL 116170

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 1731548

Cited 31 times | Published

after the officer has made a DUI arrest. See § 316.1932(1)(a), Fla. Stat. (1993) (driver is deemed to

State v. Meador

674 So. 2d 826, 1996 WL 252233

District Court of Appeal of Florida | Filed: May 15, 1996 | Docket: 1195272

Cited 31 times | Published

DUI based on Florida's implied consent law. See § 316.1932, Fla. Stat. (1995). Our supreme court held that

Drury v. Harding

461 So. 2d 104

Supreme Court of Florida | Filed: Dec 20, 1984 | Docket: 464516

Cited 31 times | Published

CHEMICAL TESTS FOR BLOOD ALCOHOL CONTENT UNDER SECTION 316.1932, FLORIDA STATUTES, CAN BE APPLIED TO TESTS

State v. Miles

775 So. 2d 950, 2000 WL 1752199

Supreme Court of Florida | Filed: Nov 30, 2000 | Docket: 1667876

Cited 28 times | Published

render the test or test results invalid. Id.; cf. § 316.1932(1)(b)(2), Fla. Stat. (1995) (applicable for breath

State v. Donaldson

579 So. 2d 728, 1991 WL 77646

Supreme Court of Florida | Filed: May 9, 1991 | Docket: 1432154

Cited 24 times | Published

the machine itself remained accurate.[2]Accord § 316.1932(1)(b)(1), Fla. Stat. (1987) ("Any insubstantial

State v. Bodden

877 So. 2d 680, 2004 WL 792826

Supreme Court of Florida | Filed: Apr 15, 2004 | Docket: 1285292

Cited 21 times | Published

PURSUANT TO SECTION 316.1932(1)(a), FLORIDA STATUTES.[1] Because we conclude that section 316.1932(1)(a)(1)

DHSMV v. Alliston

813 So. 2d 141, 2002 WL 384310

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 403669

Cited 20 times | Published

results of any breath alcohol test authorized by section 316.1932, Florida Statutes (2000), is admissible in

Jackson v. State

456 So. 2d 916

District Court of Appeal of Florida | Filed: Aug 8, 1984 | Docket: 1446592

Cited 18 times | Published

testing blood alcohol content as required by section 316.1932, Florida Statutes (Supp. 1982). Appellant's

State v. Burns

661 So. 2d 842, 20 Fla. L. Weekly Fed. D 1942

District Court of Appeal of Florida | Filed: Aug 25, 1995 | Docket: 1526491

Cited 17 times | Published

breathalyzer test is clearly admissible. See Section 316.1932, Fla. Stat. (1992) (refusal to submit to breath

State v. Polak

598 So. 2d 150, 1992 WL 76448

District Court of Appeal of Florida | Filed: Apr 17, 1992 | Docket: 1737621

Cited 16 times | Published

of the implied consent warnings set out in Section 316.1932(1)(a), Florida Statutes (1989), namely, refusal

State v. Brigham

694 So. 2d 793, 1997 WL 227497

District Court of Appeal of Florida | Filed: May 7, 1997 | Docket: 1450017

Cited 15 times | Published

210 liters of breath when analyzing breath." § 316.1932(1)(b)1., Fla.Stat. (Supp. 1992). Ch. 91-255,

State v. Slaney

653 So. 2d 422, 1995 WL 119071

District Court of Appeal of Florida | Filed: Mar 22, 1995 | Docket: 551966

Cited 13 times | Published

exceed Fourth Amendment standards. *426 1 Section 316.1932(1)(a), Florida Statutes (1991), provides that

Delgado v. State

948 So. 2d 681, 2006 WL 3313734

Supreme Court of Florida | Filed: Nov 16, 2006 | Docket: 564085

Cited 12 times | Published

State v. Bender, 382 So.2d 697 (Fla.1980)). See § 316.1932, Fla. Stat. (2006) (providing testing methods

State v. Strong

504 So. 2d 758, 12 Fla. L. Weekly 154

Supreme Court of Florida | Filed: Apr 2, 1987 | Docket: 453551

Cited 11 times | Published

admission of blood test evidence violated section 316.1932(1)(f)2, Florida Statutes (Supp. 1982). We

State v. Murray

51 So. 3d 593, 2011 Fla. App. LEXIS 26, 2011 WL 42890

District Court of Appeal of Florida | Filed: Jan 7, 2011 | Docket: 2407618

Cited 9 times | Published

the limitations on blood testing found in section 316.1932(1)(c), Florida Statutes (2007), and section

State v. Kliphouse

771 So. 2d 16, 2000 WL 1397471

District Court of Appeal of Florida | Filed: Sep 27, 2000 | Docket: 1701142

Cited 9 times | Published

rephrase as follows: WHETHER FLORIDA STATUTE SECTION 316.1932(1)(c), WHICH AUTHORIZES A POLICE OFFICER TO

Mehl v. State

632 So. 2d 593, 1993 WL 365850

Supreme Court of Florida | Filed: Sep 16, 1993 | Docket: 462776

Cited 9 times | Published

this procedure did not meet the standards of section 316.1932(1)(f)1., Florida Statutes (1989). The Fifth

State v. Weitz

500 So. 2d 657, 12 Fla. L. Weekly 104

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1689616

Cited 9 times | Published

results of any test administered in accordance with § 316.1932 or § 316.1933 and this section shall be admissible

Herring v. State

501 So. 2d 19, 12 Fla. L. Weekly 55

District Court of Appeal of Florida | Filed: Dec 23, 1986 | Docket: 1644832

Cited 9 times | Published

obvious." [2] This principle was embodied in Section 316.1932(1)(a), Florida Statutes, with its passage

Cox v. State

473 So. 2d 778, 10 Fla. L. Weekly 1931

District Court of Appeal of Florida | Filed: Aug 7, 1985 | Docket: 451734

Cited 9 times | Published

however, that the blood test authorized under section 316.1932(1)(c) does not have to follow lawful arrest

Florida Department of Highway Safety & Motor Vehicles v. Hernandez

74 So. 3d 1070, 2011 WL 2224791

Supreme Court of Florida | Filed: Nov 10, 2011 | Docket: 2358477

Cited 8 times | Published

for refusal to submit to a breath test under section 316.1932 if the refusal is not incident to a lawful

Department of Highway Safety and Motor Vehicles v. Perry

751 So. 2d 1277, 2000 Fla. App. LEXIS 2932, 2000 WL 282487

District Court of Appeal of Florida | Filed: Mar 17, 2000 | Docket: 1310123

Cited 8 times | Published

influence of alcoholic beverages. See generally § 316.1932(1)(a), Fla. Stat. (1999). Perry sought review

State v. Miles

732 So. 2d 350, 1999 WL 30362

District Court of Appeal of Florida | Filed: Jan 27, 1999 | Docket: 460490

Cited 8 times | Published

additional question to the supreme court. Section 316.1932, Florida Statutes, does not require the Florida

State v. Durkee

584 So. 2d 1080, 1991 WL 148352

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 2257533

Cited 8 times | Published

an independent blood test as authorized by section 316.1932(1)(f)3 of the Florida Statutes (1989). The

State v. Wenger

560 So. 2d 347, 1990 WL 51700

District Court of Appeal of Florida | Filed: Apr 26, 1990 | Docket: 2570977

Cited 8 times | Published

determination of blood alcohol content pursuant to section 316.1932 or section 316.1933, Florida Statutes (1987)

Johnson v. Florida Farm Bureau Cas. Ins. Co.

542 So. 2d 367, 1988 WL 2363

District Court of Appeal of Florida | Filed: Jan 20, 1988 | Docket: 468877

Cited 8 times | Published

legislature amended and renumbered this statute as section 316.1932, which unambiguously provides that "[t]he

State v. Young

483 So. 2d 31

District Court of Appeal of Florida | Filed: Dec 26, 1985 | Docket: 104583

Cited 8 times | Published

have a right to refuse to take the test under section 316.1932, *32 Florida Statutes (1983), and therefore

STATE, DEPT. OF HWY. SAF. AND MOTOR VEHICLES v. Whitley

846 So. 2d 1163, 2003 WL 2002772

District Court of Appeal of Florida | Filed: May 2, 2003 | Docket: 1709853

Cited 7 times | Published

issues. Probable Cause There is nothing in section 316.1932(1)(a)1. or section 322.2615(7)(a) that requires

State v. Reisner

584 So. 2d 141, 1991 WL 151382

District Court of Appeal of Florida | Filed: Aug 8, 1991 | Docket: 1515180

Cited 7 times | Published

ACCURACY CHECK COMPLY WITH THE REQUIREMENTS OF SECTION 316.1932(1)(f)(1), FLORIDA STATUTES, AND/OR THE FLORIDA

State v. Geiss

70 So. 3d 642, 2011 Fla. App. LEXIS 11414, 2011 WL 2097694

District Court of Appeal of Florida | Filed: Jul 22, 2011 | Docket: 441279

Cited 6 times | Published

violated Florida's implied consent statute, section 316.1932, Florida Statutes (2009). This is because

Kurecka v. State

67 So. 3d 1052, 2010 Fla. App. LEXIS 14486, 2010 WL 3766727

District Court of Appeal of Florida | Filed: Sep 29, 2010 | Docket: 2363663

Cited 6 times | Published

consented to taking a breath test pursuant to section 316.1932). The licensed driver in Florida, having already

State v. Bastos

985 So. 2d 37, 2008 WL 2356368

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1178384

Cited 6 times | Published

pursuant to Florida's implied consent laws. See § 316.1932, Fla. Stat. (2005). 2. The law enforcement officers

State v. Muldowny

871 So. 2d 911, 2004 WL 355168

District Court of Appeal of Florida | Filed: Feb 27, 2004 | Docket: 1709390

Cited 6 times | Published

be used to establish impairment pursuant to section 316.1932(1)(a), Florida Statutes (2002), commonly known

Lanoue v. Florida Dept. of Law Enforcement

751 So. 2d 94, 1999 Fla. App. LEXIS 17308, 1999 WL 1259989

District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 1310237

Cited 6 times | Published

alcoholic beverages.... § 316.1932(1)(a), Fla. Stat. (1997). Section 316.1932(1)(b)1. provides that "[t]he

State v. McInnis

581 So. 2d 1370, 1991 WL 99924

District Court of Appeal of Florida | Filed: Jun 13, 1991 | Docket: 1283631

Cited 6 times | Published

blood alcohol test by the police, pursuant to section 316.1932(1)(c),[8] if he or she is conscious and if

Chu v. State

521 So. 2d 330, 1988 WL 18687

District Court of Appeal of Florida | Filed: Mar 9, 1988 | Docket: 1703600

Cited 6 times | Published

question as one of great public importance: DOES SECTION 316.1932(1)(c), FLORIDA STATUTES (1986) PROHIBIT A

State v. Roose

450 So. 2d 861

District Court of Appeal of Florida | Filed: Mar 13, 1984 | Docket: 1433105

Cited 6 times | Published

hospital intern who did not qualify under Section 316.1932(1)(f)2., Florida Statutes (1983): Only a physician

Department of Highway Safety & Motor Vehicles v. Nader

4 So. 3d 705, 2009 Fla. App. LEXIS 1436, 2009 WL 416522

District Court of Appeal of Florida | Filed: Feb 20, 2009 | Docket: 1666827

Cited 5 times | Published

meriting common law certiorari relief. II. Section 316.1932(1)(a)(1)(a), which is commonly referred to

McLaughlin v. Department of Highway Safety & Motor Vehicles

2 So. 3d 988, 2008 Fla. App. LEXIS 17549, 2008 WL 4891047

District Court of Appeal of Florida | Filed: Nov 14, 2008 | Docket: 1644037

Cited 5 times | Published

argued that section 322.2615 conflicted with section 316.1932, because the latter did not require that a

DHSMV v. Pelham

979 So. 2d 304, 2008 WL 678683

District Court of Appeal of Florida | Filed: Mar 14, 2008 | Docket: 1407102

Cited 5 times | Published

chemical substance impairment emanates from section 316.1932, Florida Statutes (2007). This statute, sometimes

DEPT. OF HIGHWAY SAFETY v. Clark

974 So. 2d 416, 2007 WL 2609500

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 1717377

Cited 5 times | Published

review in this court. We deny the petition. Section 316.1932(1)(a)1.a., Florida Statutes (2006) provides

State v. Friedrich

681 So. 2d 1157, 1996 WL 514577

District Court of Appeal of Florida | Filed: Sep 12, 1996 | Docket: 1385590

Cited 5 times | Published

Admin.Code Rule 11D-8.001 through 8.006. [6] § 316.1932, Fla.Stat. (1993). [7] Fla.Admin.Code Rule 11D-8

State v. Bock

659 So. 2d 1196, 1995 WL 497154

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 1747983

Cited 5 times | Published

NOTES [1] See Florida Statutes, § 316.1932(1)(f)3. Section 316.1932(1)(f)3 reads, in pertinent part,

State v. Burke

599 So. 2d 1339, 1992 WL 98795

District Court of Appeal of Florida | Filed: May 13, 1992 | Docket: 1483867

Cited 5 times | Published

(INCLUSIVE) COMPLY WITH THE MANDATE OF FLORIDA STATUTE 316.1932(1)(f)1 REQUIRING THE FLORIDA DEPARTMENT

Albritton v. State

561 So. 2d 19, 1990 WL 59226

District Court of Appeal of Florida | Filed: May 10, 1990 | Docket: 2516715

Cited 5 times | Published

results of his blood test in contravention to Section 316.1932(1)(f)2, Florida Statutes (1987). We agree

State v. Flood

523 So. 2d 1180, 1988 WL 21667

District Court of Appeal of Florida | Filed: Mar 17, 1988 | Docket: 1517282

Cited 5 times | Published

"certification" and the appellees agree. However, section 316.1932(1)(a), Florida Statutes (1985), provides in

State v. Sowers

442 So. 2d 239

District Court of Appeal of Florida | Filed: Oct 20, 1983 | Docket: 469122

Cited 5 times | Published

and from the declaration in that order that Section 316.1932(1)(a), Florida Statutes (1982) is unconstitutional

Cynthia Proctor Bedell v. State of Florida

250 So. 3d 146

District Court of Appeal of Florida | Filed: May 31, 2018 | Docket: 6979318

Cited 4 times | Published

was the correct standard. Id. at 321-322; see § 316.1932(1)(f), 4 Fla

Nader v. Florida Department of Highway Safety & Motor Vehicles

87 So. 3d 712, 37 Fla. L. Weekly Supp. 130, 2012 WL 572985, 2012 Fla. LEXIS 428

Supreme Court of Florida | Filed: Feb 23, 2012 | Docket: 60308037

Cited 4 times | Published

VIOLATE THE IMPLIED CONSENT PROVISIONS OF SECTION 316.1932(l)(A)(l)(a) SUCH THAT THE DEPARTMENT MAY NOT

Jump v. State

983 So. 2d 726, 2008 WL 2338575

District Court of Appeal of Florida | Filed: Jun 10, 2008 | Docket: 1673893

Cited 4 times | Published

conversation about the implied consent law. See § 316.1932(1)(b), Fla. Stat. (2006). A bag containing all

State v. Busciglio

976 So. 2d 15, 2008 WL 183648

District Court of Appeal of Florida | Filed: Jan 23, 2008 | Docket: 2291283

Cited 4 times | Published

associated with impermissible interrogation. Section 316.1932(1)(a)(1)(a) provides: "Any person who accepts

STATE, DEPT. OF HIGHWAY SAFETY v. Griffin

909 So. 2d 538

District Court of Appeal of Florida | Filed: Aug 31, 2005 | Docket: 1199632

Cited 4 times | Published

read the entire implied consent warning in section 316.1932, Florida Statutes, when Griffin agreed to

State v. Serrago

875 So. 2d 815, 2004 WL 1474490

District Court of Appeal of Florida | Filed: Jul 2, 2004 | Docket: 2535447

Cited 4 times | Published

what it believed to be the correct statute, section 316.1932(1)(c), Florida Statutes (2000), the trial

Dept. of Hwy. Safety v. Farley

633 So. 2d 69, 1994 WL 46929

District Court of Appeal of Florida | Filed: Feb 18, 1994 | Docket: 1707914

Cited 4 times | Published

twenty minutes before administering the test. Section 316.1932(1)(b)(2), Florida Statutes (1991) provides:

State v. Rochelle

609 So. 2d 613, 1992 WL 171115

District Court of Appeal of Florida | Filed: Nov 18, 1992 | Docket: 1737990

Cited 4 times | Published

rule 10D-42.024, the rule adopted pursuant to section 316.1932(1)(f)1. to govern monthly and annual testing

State v. Burnett

536 So. 2d 375, 1988 WL 139111

District Court of Appeal of Florida | Filed: Dec 30, 1988 | Docket: 1758843

Cited 4 times | Published

questions of great public importance: I. DOES SECTION 316.1932(1)(c),[1] FLORIDA STATUTES (SUPP. 1986) PROHIBIT

Langelier v. Coleman

861 F.2d 1508, 1988 WL 127629

Court of Appeals for the Eleventh Circuit | Filed: Dec 20, 1988 | Docket: 66240123

Cited 4 times | Published

application of Florida’s implied consent law, § 316.1932, Fla.Stat. (1987), violated a driver’s constitutional

State v. Perez

531 So. 2d 961, 1988 WL 103829

Supreme Court of Florida | Filed: Oct 6, 1988 | Docket: 544062

Cited 4 times | Published

refuse to submit to the tests provided in section 316.1932 or ... to revoke the implied consent to such

State v. Perez

531 So. 2d 961, 1988 WL 103829

Supreme Court of Florida | Filed: Oct 6, 1988 | Docket: 544062

Cited 4 times | Published

refuse to submit to the tests provided in section 316.1932 or ... to revoke the implied consent to such

State v. Quartararo

522 So. 2d 42, 1988 WL 5109

District Court of Appeal of Florida | Filed: Jan 27, 1988 | Docket: 1191150

Cited 4 times | Published

refuse to submit to the tests provided in section 316.1932 (the implied consent law) or any recognized

Drury v. Harding

443 So. 2d 360

District Court of Appeal of Florida | Filed: Dec 29, 1983 | Docket: 1459178

Cited 4 times | Published

tests for blood alcohol content pursuant to Section 316.1932, Florida Statutes (Supp. 1982). The county

Wicky v. Oxonian

24 So. 3d 571, 2009 Fla. App. LEXIS 10970, 2009 WL 2408341

District Court of Appeal of Florida | Filed: Aug 7, 2009 | Docket: 1648567

Cited 3 times | Published

sample herself under the implied consent law, § 316.1932(l)(f), Fla. Stat. (2006), and that she would

Hernandez v. DHSMV

995 So. 2d 1077, 2008 WL 4949320

District Court of Appeal of Florida | Filed: Nov 21, 2008 | Docket: 1684900

Cited 3 times | Published

Hernandez' arrest to delete this subsection. Section 316.1932(1)(a)1.a, Florida Statutes (2007), provides

State v. Iaco

906 So. 2d 1151, 2005 WL 1458735

District Court of Appeal of Florida | Filed: Jun 22, 2005 | Docket: 1775133

Cited 3 times | Published

was incomplete and not in compliance with section 316.1932, Florida Statutes (2002). The State responded

STATE, DEPT. OF HIGHWAY SAFETY & MOTOR VEHICLES v. Possati

866 So. 2d 737, 2004 WL 306037

District Court of Appeal of Florida | Filed: Feb 11, 2004 | Docket: 1680251

Cited 3 times | Published

890 (Fla. 2003). This case is controlled by section 316.1932, Florida Statutes (2001), which provides that

State v. Pierre

854 So. 2d 231, 2003 WL 22023316

District Court of Appeal of Florida | Filed: Aug 29, 2003 | Docket: 1460451

Cited 3 times | Published

*232 involving the "Implied Consent Law," section 316.1932(1)(a) 1., Florida Statutes (2002). Relying

Menna v. State

846 So. 2d 502, 2003 WL 1923337

Supreme Court of Florida | Filed: Apr 24, 2003 | Docket: 1301609

Cited 3 times | Published

opinion, a provision of the implied consent law, section 316.1932(1)(a), Florida Statutes (1991) requires the

State v. Rivas-Marmol

679 So. 2d 808, 1996 WL 425677

District Court of Appeal of Florida | Filed: Jul 31, 1996 | Docket: 2491351

Cited 3 times | Published

incident to a lawful arrest as required by section 316.1932, Florida Statutes (1993). We grant the writ

State v. Berger

605 So. 2d 488, 1992 WL 206421

District Court of Appeal of Florida | Filed: Aug 26, 1992 | Docket: 1343203

Cited 3 times | Published

for accuracy. Appellees urged that because section 316.1932(1)(f)1. requires HRS to adopt rules and regulations

State v. Howard

510 So. 2d 612, 12 Fla. L. Weekly 1540

District Court of Appeal of Florida | Filed: Jun 23, 1987 | Docket: 1589957

Cited 3 times | Published

dealing with driving while under the influence. See § 316.1932-.1934, 322.261, *613 261, .28, Fla. Stat. (1985)

State v. Townsend

479 So. 2d 306, 10 Fla. L. Weekly 2755

District Court of Appeal of Florida | Filed: Dec 11, 1985 | Docket: 463636

Cited 3 times | Published

is not met in this instance. In the face of section 316.1932, Florida Statutes, the taking of the appellee's

Luis A. Montes-Valeton v. State of Florida

216 So. 3d 475, 42 Fla. L. Weekly Supp. 210, 2017 WL 728097, 2017 Fla. LEXIS 373

Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609131

Cited 2 times | Published

requirement [of section 316.1932(l)(c) ] was *481 not met. Accordingly, section 316.1932(l)(c) was

Williams v. State

167 So. 3d 483, 2015 Fla. App. LEXIS 8566, 2015 WL 3511222

District Court of Appeal of Florida | Filed: Jun 5, 2015 | Docket: 60248479

Cited 2 times | Published

alcoholic content of his or her blood or breath ....” § 316.1932(l)(a)l.a., Fla. Stat. (2013). Although this appears

State v. Clements

968 So. 2d 59, 2007 WL 3033536

District Court of Appeal of Florida | Filed: Oct 19, 2007 | Docket: 1498511

Cited 2 times | Published

consequences of refusing blood and breath tests, see § 316.1932, Fla. Stat. (2006), but declined to take either

Moe v. State

944 So. 2d 1096, 2006 WL 3327597

District Court of Appeal of Florida | Filed: Nov 17, 2006 | Docket: 285035

Cited 2 times | Published

the disclosure obligation imposed upon it by section 316.1932(1)(f)4., Florida Statutes (2004),[2] as construed

STATE, DEPT. OF HIGHWAY SAFETY v. Pipkin

927 So. 2d 901, 2005 WL 2995160

District Court of Appeal of Florida | Filed: Nov 9, 2005 | Docket: 1765026

Cited 2 times | Published

was informed of Florida's implied consent law, § 316.1932, Fla. Stat. (2004), but refused to take a breath-alcohol

DEPT. OF HIGHWAY SAFETY v. Russell

793 So. 2d 1073, 2001 WL 871745

District Court of Appeal of Florida | Filed: Aug 3, 2001 | Docket: 1267059

Cited 2 times | Published

procedures required by the statutes and rules. See § 316.1932(1)(b)(2), Fla. Stat. (2000). While Russell was

State v. Mehl

602 So. 2d 1383, 1992 WL 200360

District Court of Appeal of Florida | Filed: Aug 21, 1992 | Docket: 2532416

Cited 2 times | Published

his blood alcohol test results, arguing that section 316.1932(1)(f), Florida Statutes, applies to all blood

Rice v. State

525 So. 2d 509, 1988 WL 53014

District Court of Appeal of Florida | Filed: Jun 1, 1988 | Docket: 1304536

Cited 2 times | Published

offering roadside tests prior to an arrest. Section 316.1932, Florida Statutes, provides: (1)(a) Any person

State v. Prues

478 So. 2d 1196, 10 Fla. L. Weekly 2679

District Court of Appeal of Florida | Filed: Dec 4, 1985 | Docket: 1741660

Cited 2 times | Published

and that the state failed to comply with section 316.1932, Florida Statutes (1983). The issue is whether

Lampkin v. State

445 So. 2d 673

District Court of Appeal of Florida | Filed: Feb 22, 1984 | Docket: 1685452

Cited 2 times | Published

test. We note that after appellant's arrest section 316.1932, Florida Statutes (Supp. 1982) became effective

State v. Pagach

442 So. 2d 331

District Court of Appeal of Florida | Filed: Dec 7, 1983 | Docket: 469099

Cited 2 times | Published

and declaring unconstitutional a portion of section 316.1932(1)(a), Florida Statutes (1982 Supp.). We have

STATE OF FLORIDA, DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES v. TODD EDWARD DAVIS

264 So. 3d 965

District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 14549582

Cited 1 times | Published

that he could refuse a blood draw pursuant to section 316.1932(1)(c), Florida Statutes (2016) (the “implied

Howitt v. State

266 So. 3d 219

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 64707670

Cited 1 times | Published

(2016). Florida's implied consent statute, section 316.1932(1)(a)1.a., Florida Statutes (2016), provides:

STATE OF FLORIDA v. CHRISTOPHER MEYERS

261 So. 3d 573

District Court of Appeal of Florida | Filed: Nov 28, 2018 | Docket: 8338754

Cited 1 times | Published

requesting the blood draw did not comply with section 316.1932(1)(c) of the Florida Statutes, more commonly

Joseph B. Wiggins v. Florida Department of Highway Safety and Motor Vehicles

209 So. 3d 1165, 42 Fla. L. Weekly Supp. 85, 2017 Fla. LEXIS 226

Supreme Court of Florida | Filed: Jan 31, 2017 | Docket: 4577414

Cited 1 times | Published

322.2615 is to be read in pari materia with section 316.1932, Florida Department of Highway-Safety & Motor

State v. Holland

76 So. 3d 1032, 2011 Fla. App. LEXIS 19926, 2011 WL 6183512

District Court of Appeal of Florida | Filed: Dec 14, 2011 | Docket: 60304144

Cited 1 times | Published

consent law under section 316.1932(l)(a)l.a., Florida Statutes (2010). Section 316.1932(l)(a)l.a. provides

Department of Highway Safety & Motor Vehicles v. Hofer

5 So. 3d 766, 2009 Fla. App. LEXIS 2233, 2009 WL 691155

District Court of Appeal of Florida | Filed: Mar 18, 2009 | Docket: 1663301

Cited 1 times | Published

breath, blood, or urine test is imposed by section 316.1932, Florida Statutes (2006), which requires that

Yankey v. Department of Highway Safety & Motor Vehicles

6 So. 3d 633, 2009 Fla. App. LEXIS 1446, 2009 WL 416514

District Court of Appeal of Florida | Filed: Feb 20, 2009 | Docket: 1212757

Cited 1 times | Published

inspection report form was created to implement section 316.1932, Florida Statutes (2007), which is entitled

Kirpalani v. DEPT. OF HIGHWAY SAFETY

997 So. 2d 502, 2008 WL 5352188

District Court of Appeal of Florida | Filed: Dec 24, 2008 | Docket: 1721233

Cited 1 times | Published

" if the person is lawfully arrested for DUI. § 316.1932(1)(a), Fla. Stat. (2007). A nonresident's privilege

State v. Dubiel

958 So. 2d 486, 2007 Fla. App. LEXIS 7960, 2007 WL 1485888

District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 64851020

Cited 1 times | Published

to permit a blood test administered under section 316.1932(l)(c)? As so phrased, we answer the question

Smallridge v. State

904 So. 2d 601, 2005 WL 1420858

District Court of Appeal of Florida | Filed: Jun 20, 2005 | Docket: 1365336

Cited 1 times | Published

advised his son of his right, provided by section 316.1932(1)(f)3, Florida Statutes (2001), to obtain

State v. Montello

867 So. 2d 613, 2004 WL 432748

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 1386360

Cited 1 times | Published

question certified by the county court: Does section 316.1932, Florida Statutes (2002), require that urine

State v. Rutherford

707 So. 2d 1129, 1997 WL 631850

District Court of Appeal of Florida | Filed: Feb 4, 1998 | Docket: 1259566

Cited 1 times | Published

sample be taken from him pursuant to either section 316.1932(1)(c) or 316.1933, Florida Statutes (1995)

DEPT. OF HWY. SAFETY v. Green

702 So. 2d 584, 1997 WL 730387

District Court of Appeal of Florida | Filed: Nov 26, 1997 | Docket: 1513333

Cited 1 times | Published

test because the police failed to comply with section 316.1932(1)(f)3, Florida Statutes (1991). Assuming

Samborn v. State

666 So. 2d 937, 1995 WL 755140

District Court of Appeal of Florida | Filed: Dec 22, 1995 | Docket: 1510922

Cited 1 times | Published

basis was required by the State of Florida. See § 316.1932(1)(f)1, Fla. Stat. (1993); Fla. Admin. Code R

State v. Saylor

625 So. 2d 907, 1993 WL 407931

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 474091

Cited 1 times | Published

court's opinion was based on the premise that section 316.1932(1)(f)3 (section 3) confers a discovery right

State of Florida v. Depauw

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71116031

Published

therefore not an approved test, as required by section 316.1932(1)(a). The trial court rendered an order

State of Florida v. Kilburn

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71116030

Published

therefore not an approved test, as required by section 316.1932(1)(a). The trial court rendered an order

State of Florida v. Marano

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71116029

Published

therefore not an approved test, as required by section 316.1932(1)(a). The trial court rendered an order

State of Florida v. George F. Marshall, III

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098951

Published

section 316.1933(1)(a), the provisions of section 316.1932(1)(a)1.a. and (c), not at issue in Robertson

STATE OF FLORIDA v. BRYAN ALLEN REPPLE

District Court of Appeal of Florida | Filed: Jun 14, 2024 | Docket: 68029161

Published

implied consent warning in accordance with section 316.1932, Florida Statutes (2021).2 2

STATE OF FLORIDA v. ANDREW SCOTT CROSE

District Court of Appeal of Florida | Filed: Jan 26, 2024 | Docket: 68195892

Published

(noting, in dicta, that a 2003 amendment to section 316.1932, Florida Statutes (2002), clarified meaning

DAVID OBRIEN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 19, 2023 | Docket: 67618542

Published

988 So. 2d 120, 123 (Fla. 5th DCA 2008). Section 316.1932(1)(a)(1)(a), Florida Statutes (2021), and

TAYLOR S. BUONANOTTE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 15, 2023 | Docket: 66814478

Published

prove the legality of the blood draw under section 316.1932(1)(c), Florida Statutes (2021), an implied

WILLIAM GOLDBACH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 23, 2022 | Docket: 65879489

Published

about Florida’s implied consent law. See, e.g., § 316.1932(1)(a)1.a., Fla. Stat. (2019) (“The person shall

STATE OF FLORIDA vs EDUARDO ARTURO TORRES

District Court of Appeal of Florida | Filed: Nov 4, 2022 | Docket: 65420655

Published

The implied consent law is codified at section 316.1932(1)(a)1.a., Florida Statutes (2021), and provides

STATE OF FLORIDA vs EDUARDO ARTURO TORRES

District Court of Appeal of Florida | Filed: Sep 9, 2022 | Docket: 65420655

Published

The implied consent law is codified at section 316.1932(1)(a)1.a., Florida Statutes (2021), and provides

BYRON MCGRAW v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 1, 2020 | Docket: 17033718

Published

giving actual consent, be pursuant to section 316.1932(1)(c), Florida Statutes (2016) (“Any

Byron McGraw v. State of Florida

Supreme Court of Florida | Filed: Feb 20, 2020 | Docket: 16867368

Published

giving actual consent, be pursuant to section 316.1932(1)(c), Florida Statutes (2016) (“Any person

FRITZ GERALD PIERRE v. STATE OF FLORIDA

264 So. 3d 206

District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 14549591

Published

sentence for refusal to submit to testing under section 316.1932(1)(a)(1)(a), Florida Statutes (2016), driving

Howitt v. State

266 So. 3d 219

District Court of Appeal of Florida | Filed: Feb 8, 2019 | Docket: 64707672

Published

(2016). Florida's implied consent statute, section 316.1932(1)(a)1.a., Florida Statutes (2016), provides:

Cynthia Proctor Bedell v. State of Florida

249 So. 3d 1329

District Court of Appeal of Florida | Filed: Aug 10, 2018 | Docket: 7638663

Published

is upheld.” According to the motion, under section 316.1932(1)(c) the State must show that administration

BYRON MCGRAW v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716322

Published

giving actual consent, be pursuant to section 316.1932(1)(c), Florida Statutes (2016) (“Any

BYRON MCGRAW v. STATE OF FLORIDA

245 So. 3d 760

District Court of Appeal of Florida | Filed: Mar 21, 2018 | Docket: 6340900

Published

importance: Does the following sentence in § 316.1932(1)(c), Florida Statutes, Any

John Goodman v. Florida Department of Law Enforcement

238 So. 3d 102

Supreme Court of Florida | Filed: Feb 1, 2018 | Docket: 6289806

Published

of determining its alcoholic content .... § 316.1932(1)(f)2.a., Fla. Stat. (2009). Potential

John Goodman v. Florida Department of Law Enforcement

203 So. 3d 909, 2016 WL 3002178, 2016 Fla. App. LEXIS 7961

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3071396

Published

consent to testing of their blood alcohol content. § 316.1932(l)(a)l.a., Fla. Stat. (2010). The “underlying

State v. Wade F. Liles

191 So. 3d 484, 2016 WL 1385925

District Court of Appeal of Florida | Filed: Apr 8, 2016 | Docket: 3054132

Published

4th DCA 2007). Under this statutory scheme, section 316.1932 provides that any person who drives a motor

State v. John N. Willis

District Court of Appeal of Florida | Filed: Apr 4, 2016 | Docket: 3054133

Published

4th DCA 2007). Under this statutory scheme, section 316.1932 provides that any person who drives a motor

Edge-Gougen v. State

182 So. 3d 730, 2015 Fla. App. LEXIS 19351, 2015 WL 9438003

District Court of Appeal of Florida | Filed: Dec 28, 2015 | Docket: 60252813

Published

74 So.3d 1070, 1075 (Fla.2011) (citing to section 316.1932(l)(a)l.a., Fla.,Stat. (2011) (finding a, breath

Hammons v. State

158 So. 3d 758, 2015 Fla. App. LEXIS 2776, 2015 WL 848999

District Court of Appeal of Florida | Filed: Feb 27, 2015 | Docket: 2637944

Published

implied consent for a breath test. See § 316.1932(l)(a)(l)(a), Fla. Stat. (2011). Dismissed

Department of Highway Safety & Motor Vehicles v. Wiggen

152 So. 3d 773, 2014 Fla. App. LEXIS 19782, 2014 WL 6831666

District Court of Appeal of Florida | Filed: Dec 5, 2014 | Docket: 60244987

Published

So.3d 779, 782 (Fla. 5th DCA 2010); see also § 316.1932(l)(b)(2), Fla. Stat. (2011). Once admitted, the

HOA Vuong, Mark Pebley, Robert McKenna v. Florida Department of Law Enforcement

149 So. 3d 174, 2014 Fla. App. LEXIS 17229, 2014 WL 5343506

District Court of Appeal of Florida | Filed: Oct 22, 2014 | Docket: 1419232

Published

submit to an “approved” test. See § 316.1932(l)(a)l.a., Fla. Stat. (2012). The legislature

Laws v. State

145 So. 3d 937, 2014 Fla. App. LEXIS 12976, 2014 WL 4113091

District Court of Appeal of Florida | Filed: Aug 22, 2014 | Docket: 1060386

Published

with the request for a sobriety test under section 316.1932 somehow prevented the introduction of otherwise

Montes-Valeton v. State

141 So. 3d 204, 2014 Fla. App. LEXIS 3615, 2014 WL 950153

District Court of Appeal of Florida | Filed: Mar 12, 2014 | Docket: 60241817

Published

independent of the implied consent statute [section 316.1932], are admissible”); see also State v. Murray

Carrizosa v. Department of Highway Safety & Motor Vehicles

124 So. 3d 1017, 2013 Fla. App. LEXIS 17597, 2013 WL 5927244

District Court of Appeal of Florida | Filed: Nov 6, 2013 | Docket: 60235281

Published

consented to submit to a breath test under section 316.1932(l)(a). That section provides, in pertinent

Ferrei v. Department of Highway Safety & Motor Vehicles

91 So. 3d 920, 2012 Fla. App. LEXIS 10896, 2012 WL 2617594

District Court of Appeal of Florida | Filed: Jul 6, 2012 | Docket: 60310025

Published

incident to a lawful arrest, as required by section 316.1932, Florida Statutes.” Id. at 1079. Following

Pankau v. Department of Highway Safety & Motor Vehicles

91 So. 3d 923, 2012 Fla. App. LEXIS 10867, 2012 WL 2617596

District Court of Appeal of Florida | Filed: Jul 6, 2012 | Docket: 60310027

Published

incident to a lawful arrest, as required by section 316.1932, Florida Statutes.” Id. at 1079. Following

Gonzalez v. Department of Highway Safety & Motor Vehicles

91 So. 3d 924, 2012 Fla. App. LEXIS 10872, 2012 WL 2617597

District Court of Appeal of Florida | Filed: Jul 6, 2012 | Docket: 60310028

Published

incident to a lawful arrest, as required by section 316.1932, Florida Statutes.” Id. at 1079. Following

Department of Highway Safety & Motor Vehicles v. Carillon

95 So. 3d 901, 2012 Fla. App. LEXIS 12272, 2012 WL 3055003

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60311335

Published

that respondent submit to a breath test under section 316.1932(l)(a). Even if we were to agree with the Department

Department of Highway Safety & Motor Vehicles v. Cherry

91 So. 3d 849, 2012 WL 2466518

District Court of Appeal of Florida | Filed: Jun 29, 2011 | Docket: 60309989

Published

provided with assistance as required ' under section 316.1932(l)(f)3., Florida Statutes. 5) Ms. Cherry did

Department of Highway Safety & Motor Vehicles v. Berne

49 So. 3d 779, 2010 Fla. App. LEXIS 15143, 2010 WL 3927242

District Court of Appeal of Florida | Filed: Oct 8, 2010 | Docket: 60296851

Published

promulgated in the Florida Administrative Code. § 316.1932(1)(b)2., Fla. Stat. (2005); see also Dep’t of

Department of Highway Safety & Motor Vehicles v. Escobio

6 So. 3d 638, 2009 Fla. App. LEXIS 1447, 2009 WL 416518

District Court of Appeal of Florida | Filed: Feb 20, 2009 | Docket: 60299791

Published

breath-alcohol test was implied under the provisions of section 316.1932(1)(a)(1)(a), Florida Statutes (2007): This

Kirpalani v. State Dept. of Highway Safety and Motor Vehicles

991 So. 2d 1026, 2008 Fla. App. LEXIS 15410, 2008 WL 4489430

District Court of Appeal of Florida | Filed: Oct 8, 2008 | Docket: 2539907

Published

" if the person is lawfully arrested for DUI. § 316.1932(1)(a), Fla. Stat. (2007). A nonresident's privilege

STATE, DEPT. OF HIGHWAY SAFETY AND MOTOR VEHICLES v. Sarmiento

989 So. 2d 692, 2008 Fla. App. LEXIS 11858, 2008 WL 2987155

District Court of Appeal of Florida | Filed: Aug 6, 2008 | Docket: 1665721

Published

failing to take a breath test. After quoting section 316.1932(1)(a), Florida Statutes, the circuit court

State v. Thompson

987 So. 2d 163, 2008 Fla. App. LEXIS 10866, 2008 WL 2744341

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 64855248

Published

observations of the officer conducting the test. . See § 316.1932, Fla. Stat. (2007) (Florida's "Implied Consent

State v. Cubic

946 So. 2d 606, 2007 Fla. App. LEXIS 45, 2007 WL 5763

District Court of Appeal of Florida | Filed: Jan 3, 2007 | Docket: 64848568

Published

its burden under section 316.1932(l)(b)2., Florida Statutes (2004). Section 316.1932(l)(b)2. states: An

State, Department of Highway Safety & Motor Vehicles v. Jones

935 So. 2d 532, 2006 Fla. App. LEXIS 8559, 2006 WL 1479640

District Court of Appeal of Florida | Filed: May 31, 2006 | Docket: 64846078

Published

and his driving privileges were suspended. See § 316.1932(l)(a), Fla. Stat. (2005) (“failure to submit

Ago

Florida Attorney General Reports | Filed: Jan 25, 2006 | Docket: 3257202

Published

Pumper or Engine" by EMS personnel pursuant to section 316.1932(1)(c), Florida Statutes. It is assumed for

Schwartz v. State, Department of Highway Safety & Motor Vehicles

920 So. 2d 664, 2005 Fla. App. LEXIS 19968, 2005 WL 3481087

District Court of Appeal of Florida | Filed: Dec 21, 2005 | Docket: 64842314

Published

automatic suspension of his driver’s license. See § 316.1932(l)(a), Fla. Stat. (2004) (“failure to submit

Grzelka v. State

881 So. 2d 633, 2004 Fla. App. LEXIS 11659, 2004 WL 1749498

District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 64832436

Published

constitute a misdemeanor, as is required by section 316.1932(l)(a)l.a., Florida Statutes (2003). Appellant

State v. Korth

875 So. 2d 790, 2004 Fla. App. LEXIS 9032

District Court of Appeal of Florida | Filed: Jun 23, 2004 | Docket: 64831136

Published

SAMPLES OBTAINED BY LAW ENFORCEMENT PURSUANT TO SECTION 316.1932(l)(a), FLORIDA STATUTES? 1 This question has

Bermudez v. State

870 So. 2d 875, 2004 Fla. App. LEXIS 2576, 2004 WL 387633

District Court of Appeal of Florida | Filed: Mar 3, 2004 | Docket: 64829894

Published

without first arresting him, as required by section 316.1932, Florida Statutes (1997),1 and (2) that, based

Jenkins v. State

855 So. 2d 1219, 2003 Fla. App. LEXIS 15280, 2003 WL 22327076

District Court of Appeal of Florida | Filed: Oct 13, 2003 | Docket: 64825716

Published

breath testing machine to ensure its accuracy. See § 316.1932(l)(f)l., Florida Statutes (1999) (requiring FDLE

State v. Schreiber

835 So. 2d 344, 2003 Fla. App. LEXIS 442, 2003 WL 141623

District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 64820073

Published

1932, 316.1933, 316.1934, Fla. Stat. (2001). See § 316.1932(l)(a)(2)(e), Fla. Stat. (2001)(one capable of

State v. Bodden

872 So. 2d 916, 2002 Fla. App. LEXIS 15659, 2002 WL 31421575

District Court of Appeal of Florida | Filed: Oct 30, 2002 | Docket: 64830487

Published

administered pursuant to the implied consent law. See § 316.1932(l)(a), Fla. Stat. (2000). In the order, the county

State v. Langsford

816 So. 2d 136, 2002 Fla. App. LEXIS 3939, 2002 WL 460396

District Court of Appeal of Florida | Filed: Mar 27, 2002 | Docket: 64815033

Published

trial court. FARMER and KLEIN, JJ., concur. . "F.S. 316.1932, F.S. 316.1933, F.S. 316.1934, (2000).”

State v. Kline

764 So. 2d 716, 2000 Fla. App. LEXIS 7802, 2000 WL 799345

District Court of Appeal of Florida | Filed: Jun 23, 2000 | Docket: 64799410

Published

consent law requires that it be admitted. See § 316.1932, Fla. Stat.1 The defendant is thereafter free

State v. Atkinson

755 So. 2d 842, 2000 Fla. App. LEXIS 5196, 2000 WL 554069

District Court of Appeal of Florida | Filed: May 5, 2000 | Docket: 64796804

Published

for refusal to take the test authorized by section 316.1932, Florida Statutes (1997). Our opinion in Davidson

Department of Highway Safety & Motor Vehicles v. Farr

757 So. 2d 550, 2000 Fla. App. LEXIS 4660, 2000 WL 423410

District Court of Appeal of Florida | Filed: Apr 20, 2000 | Docket: 64797150

Published

license under the implied consent statute. See § 316.1932, Fla. Stat. (1997). Indeed under Florida law

State v. Pierre

693 So. 2d 102, 1997 Fla. App. LEXIS 4948, 1997 WL 231485

District Court of Appeal of Florida | Filed: May 9, 1997 | Docket: 64773320

Published

concur. . § 316.193, Fla.Stat. (1993). . § 316.1932, Fla.Stat. (1993).

State v. Talty

692 So. 2d 936, 1997 Fla. App. LEXIS 3217, 1997 WL 163013

District Court of Appeal of Florida | Filed: Apr 9, 1997 | Docket: 64773090

Published

consequences of refusing the breath test. See § 316.1932(l)(a), Fla. Stat. (1993). In contrast, the pre-release

Wissel v. State

691 So. 2d 507, 1997 Fla. App. LEXIS 2061, 1997 WL 100953

District Court of Appeal of Florida | Filed: Mar 7, 1997 | Docket: 64772424

Published

prescribed by rule or regulation required by section 316.1932(l)(f)l and adopted pursuant to chapter 120

Ago

Florida Attorney General Reports | Filed: Jun 13, 1995 | Docket: 3257393

Published

Section 316.193, Fla. Stat. (1994 Supp.). 2 Section 316.1932, Fla. Stat. 3 Cf., Department of Highway Safety

State v. Unruh

658 So. 2d 1011, 1994 Fla. App. LEXIS 12451, 1994 WL 708318

District Court of Appeal of Florida | Filed: Dec 22, 1994 | Docket: 64758097

Published

court noted the apparent conflict between section 316.1932(l)(f)3, Florida Statutes,2 which provides

Taylor v. State

625 So. 2d 911, 1993 Fla. App. LEXIS 10500, 1993 WL 407943

District Court of Appeal of Florida | Filed: Oct 15, 1993 | Docket: 64743569

Published

guilt. The implied consent law set forth in section 316.1932, Florida Statutes (Supp.1992)1 governing tests

State v. Folsom

630 So. 2d 1129, 1993 WL 273981

District Court of Appeal of Florida | Filed: Jul 23, 1993 | Docket: 481390

Published

ACCURACY CHECKS COMPLY WITH THE REQUIREMENTS OF SECTION 316.1932(1)(f)1, FLORIDA STATUTES,[3] AND IF NOT, DOES

Phillips v. State

621 So. 2d 734, 1993 Fla. App. LEXIS 6154, 1993 WL 191945

District Court of Appeal of Florida | Filed: Jun 8, 1993 | Docket: 64697772

Published

alcohol test because HRS has not complied with section 316.1932(l)(f)(l), Florida Statutes (1991), which directs

State, Department of Highway Safety & Motor Vehicles v. Berry

619 So. 2d 976, 1993 Fla. App. LEXIS 4244

District Court of Appeal of Florida | Filed: Apr 14, 1993 | Docket: 64696901

Published

be said *978that they had consented under section 316.-1932(l)(a) to an “approved” test. The district

Kaiser v. State

609 So. 2d 768, 1992 Fla. App. LEXIS 12410, 1992 WL 362126

District Court of Appeal of Florida | Filed: Dec 9, 1992 | Docket: 64692599

Published

will not render the test results invalid. Id.; § 316.1932(1)(b)(1), Fla.Stat. (1991). The circuit court

Kenson v. State

577 So. 2d 694, 1991 Fla. App. LEXIS 3191, 1991 WL 50228

District Court of Appeal of Florida | Filed: Apr 9, 1991 | Docket: 64657926

Published

prerequisite to a request for a blood sample pursuant to § 316.1932(l)(c) if a person is taken to a medical facility

New York Life Insurance Co. v. Coll

568 So. 2d 1306, 1990 Fla. App. LEXIS 8170

District Court of Appeal of Florida | Filed: Oct 23, 1990 | Docket: 64654155

Published

was the test given for a medical purpose, see § 316.1932(l)(f)l, Fla.Stat. (1989). The trial judge specifically

State v. Wilkison

545 So. 2d 938, 14 Fla. L. Weekly 1352, 1989 Fla. App. LEXIS 3074, 1989 WL 57228

District Court of Appeal of Florida | Filed: Jun 2, 1989 | Docket: 64643436

Published

be suppressed: first, the court held that section 316.1932(f)(1), Florida Statutes (1988), requires that

Solomon v. State

538 So. 2d 931, 14 Fla. L. Weekly 377, 1989 Fla. App. LEXIS 469, 1989 WL 8336

District Court of Appeal of Florida | Filed: Feb 7, 1989 | Docket: 64640624

Published

Hearing” adjudging that the provisions of section 316.1932 and 322.261 “have been sustained in that [Solomon’s]

State v. Tronolone

532 So. 2d 1127, 13 Fla. L. Weekly 2389, 1988 Fla. App. LEXIS 4720, 1988 WL 110888

District Court of Appeal of Florida | Filed: Oct 25, 1988 | Docket: 64638058

Published

Tronolone’s blood was properly drawn pursuant to section 316.1932(l)(c), Florida Statutes (1985), which provides

State v. Castillo

528 So. 2d 1221, 13 Fla. L. Weekly 1528, 1988 Fla. App. LEXIS 2927, 1988 WL 67275

District Court of Appeal of Florida | Filed: Jun 30, 1988 | Docket: 64636205

Published

refusal to submit to the postarrest breath test. Section 316.1932(l)(b)l, Florida Statutes, provides that:

Curry v. State

522 So. 2d 887, 13 Fla. L. Weekly 492, 1988 Fla. App. LEXIS 618, 1988 WL 11347

District Court of Appeal of Florida | Filed: Feb 17, 1988 | Docket: 64633823

Published

4011AS test was not a chemical test pursuant to section 316.1932(l)(a), Florida Statutes, and Department of

State v. Walther

519 So. 2d 731, 13 Fla. L. Weekly 360, 1988 Fla. App. LEXIS 549, 1988 WL 8415

District Court of Appeal of Florida | Filed: Feb 8, 1988 | Docket: 64632537

Published

the technician was not one qualified under section 316.1932(l)(f)2., Florida Statutes (1985). The basis

State v. Lendway

519 So. 2d 725, 13 Fla. L. Weekly 354, 1988 Fla. App. LEXIS 423, 1988 WL 7066

District Court of Appeal of Florida | Filed: Feb 5, 1988 | Docket: 64632534

Published

draw and test the blood were authorized. See § 316.1932(l)(f)(2), Fla.Stat. (1985); Fla.Admin.Code Rules

State v. Barnes

512 So. 2d 337, 12 Fla. L. Weekly 2236, 1987 Fla. App. LEXIS 10208

District Court of Appeal of Florida | Filed: Sep 15, 1987 | Docket: 64629292

Published

defendant by a duly qualified medical person under Section 316.1932(l)(f)(2), Florida Statutes (1985), after the

State v. Perez

510 So. 2d 1144, 12 Fla. L. Weekly 1923, 1987 Fla. App. LEXIS 9766

District Court of Appeal of Florida | Filed: Aug 7, 1987 | Docket: 64628771

Published

or urine test is impractical or. impossible. § 316.-1932(l)(c), Fla.Stat. (1985). Consequently, an interpretation

Gargone v. State

503 So. 2d 421, 1987 Fla. App. LEXIS 11986, 12 Fla. L. Weekly 673

District Court of Appeal of Florida | Filed: Mar 3, 1987 | Docket: 64625451

Published

function of any bodily member or organ. . Section 316.1932(l)(f)(l), Florida Statutes (1983), provides:

Gargone v. State

503 So. 2d 421, 1987 Fla. App. LEXIS 11986, 12 Fla. L. Weekly 673

District Court of Appeal of Florida | Filed: Mar 3, 1987 | Docket: 64625451

Published

function of any bodily member or organ. . Section 316.1932(l)(f)(l), Florida Statutes (1983), provides:

State v. Barrett

508 So. 2d 361, 1987 Fla. App. LEXIS 6400, 12 Fla. L. Weekly 307

District Court of Appeal of Florida | Filed: Jan 22, 1987 | Docket: 64627774

Published

where the test is incidental to a lawful arrest. § 316.1932(1)(a), Fla.Stat. (1985). The results of a pre-arrest

State v. Hilton

498 So. 2d 698, 12 Fla. L. Weekly 3, 1986 Fla. App. LEXIS 10991

District Court of Appeal of Florida | Filed: Dec 18, 1986 | Docket: 64623538

Published

granted by the lower court on the ground that section 316.1932(l)(c), Florida Statutes, is unconstitutional

State v. Miller

468 So. 2d 1051, 10 Fla. L. Weekly 1156, 1985 Fla. App. LEXIS 13869

District Court of Appeal of Florida | Filed: May 8, 1985 | Docket: 64611968

Published

sample must be strictly construed. Both Florida Statute 316.1932(l)(f)(2) and Florida Statute 316.1933

State v. Haddock

465 So. 2d 617, 1985 Fla. App. LEXIS 13091

District Court of Appeal of Florida | Filed: Mar 19, 1985 | Docket: 64610701

Published

PER CURIAM. Affirmed. § 316.1932(1)(b)1, Fla.Stat. (1983); Fla.Admin. Code Rule 10-D-42.23.

Richwagon v. State

466 So. 2d 10, 10 Fla. L. Weekly 658, 1985 Fla. App. LEXIS 12942

District Court of Appeal of Florida | Filed: Mar 13, 1985 | Docket: 64610880

Published

was not a registered nurse as required by section 316.-1932(l)(f)(2), Florida Statutes (1983) and, therefore

Strong v. State

465 So. 2d 549, 10 Fla. L. Weekly 598, 1985 Fla. App. LEXIS 12751

District Court of Appeal of Florida | Filed: Mar 5, 1985 | Docket: 64610680

Published

individual pursuant to the mandatory provisions of section 316.1932(l)(f)2., Florida Statutes (Supp.1982). As

State v. Holland

459 So. 2d 1062, 1984 Fla. App. LEXIS 13616

District Court of Appeal of Florida | Filed: Jun 13, 1984 | Docket: 64608472

Published

and declaring unconstitutional a portion of section 316.-1932(l)(a), Florida Statutes (1982 Supp.), the

State v. McDonald

452 So. 2d 5, 1984 Fla. App. LEXIS 11642

District Court of Appeal of Florida | Filed: Feb 8, 1984 | Docket: 64605607

Published

82-2482, 82-2483 and 82-2484 upon authority of Section 316.-1932(l)(a), Florida Statutes (1982); South Dakota

State v. Adamson

444 So. 2d 579, 1984 Fla. App. LEXIS 11549

District Court of Appeal of Florida | Filed: Feb 2, 1984 | Docket: 64602454

Published

The state appeals from an order ruling that section 316.1932(l)(a), Florida Statutes (1982) is unconstitutional

State v. Whitehead

443 So. 2d 196, 1983 Fla. App. LEXIS 25194

District Court of Appeal of Florida | Filed: Dec 13, 1983 | Docket: 64601944

Published

PER CURIAM. Whitehead, contending that Section 316.-1932(l)(a), Florida Statutes (Supp.1982), which