(1)Any person who has refused to submit to a chemical or physical test of his or her breath, blood, or urine, as described in s. 316.1932, and whose driving privilege was previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, and:
(a)Who the arresting law enforcement officer had probable cause to believe was driving or in actual physical control of a motor vehicle in this state while under the influence of alcoholic beverages, chemical substances, or controlled substances;
(b)Who was placed under lawful arrest for a violation of s. 316.193 unless such test was requested pursuant to s. 316.1932(1)(c);
(c)Who was informed that, if he or she refused to submit to such test, his or her privilege to operate a motor vehicle would be suspended for a period of 1 year or, in the case of a second or subsequent refusal, for a period of 18 months;
(d)Who was informed that a refusal to submit to a lawful test of his or her breath, urine, or blood, if his or her driving privilege has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor; and
(e)Who, after having been so informed, refused to submit to any such test when requested to do so by a law enforcement officer or correctional officer
commits a misdemeanor of the first degree and is subject to punishment as provided in s. 775.082 or s. 775.083.
(2)The disposition of any administrative proceeding that relates to the suspension of a persons driving privilege does not affect a criminal action under this section.
(3)The disposition of a criminal action under this section does not affect any administrative proceeding that relates to the suspension of a persons driving privilege. The departments records showing that a persons license has been previously suspended for a prior refusal to submit to a lawful test of his or her breath, urine, or blood shall be admissible and shall create a rebuttable presumption of such suspension.
