The 2023 Florida Statutes (including Special Session C)
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. . . ], 2016 [192 So.3d 1190], and _2018 [236 So.3d 244], and 2019. 28.13 REFUSAL TO SUBMIT TO TESTING § 316.1939 . . . Lesser Included Offenses REFUSAL TO SUBMIT TO TESTING - 316.1939 CATEGORY ONE CATEGORY TWO FLA. . . .
. . . five uniform traffic citations, including a citation for refusal to submit in violation of section 316.1939 . . . there is probable cause to suspect the driver is under the influence, is guilty of a misdemeanor. § 316.1939 . . .
. . . five uniform traffic citations, including a citation for Refusal to Submit in violation of section 316.1939 . . . Most importantly, section 316.1939, Florida Statutes, criminalizes the refusal to submit to a breath . . . See § 316.1939(l)(a), Fla. Stat. (2013). . . . Likewise, we conclude that section 316.1939, Florida Statutes, as applied to Williams, is constitutional . . . SAWAYA and ORFINGER, JJ„ concur. . § 316.1939, Fla. Stat. (2013). . . . .
. . . instruction was adopted in 2007 [958 So.2d 361] and amended in 2013. 28.13 REFUSAL TO SUBMIT TO TESTING § 316.1939 . . . REFUSAL TO SUBMIT TO TESTING — 316.1939 CATEGORY ONE CATEGORY TWO FLA. INS. NO. STAT. . . .
. . . (DUI impairment with priors), 316.1939(1) (refusal to submit to breathalyzer), 322.34(2)(b) (driving . . .
. . . One of the elements the state must prove to establish a violation of section 316.1939, Florida Statutes . . .
. . . . § 316.1939, Fla. Stat. (2008). .This information obviously was not in our initial record. . . .
. . . one for the DUI violation of section 316.193, Florida Statutes (2010), and one for violating section 316.1939 . . .
. . . privilege had previously been suspended for refusing to submit to a breath test as required by section 316.1939 . . . See § 316.1939, Fla. Stat. (2008). . . .
. . . See §§ 316.193(2)(b)(l), 316.1932, 316.1939(1), Fla. Stat. (2006). . . .
. . . breath test, Busciglio’s current refusal constituted a first-degree misdemeanor pursuant to section 316.1939 . . . The parties on appeal agree there is no question that prior to the enactment of section 316.1939 on July . . . [constitutes] a misdemeanor.” § 316.1939(l)(d). . . . . We note that Busciglio could not have committed a misdemeanor under section 316.1939 by the mere act . . . See § 316.1939(1). . . . .
. . . This instruction was adopted in 2007. 28.13 REFUSAL TO SUBMIT TO TESTING § 316.1939 Fla. Stat. . . .