County Criminal Court:  CRIMINAL LAW – Urine Test – Bodden decision entered by Second District has been squarely overturned by the Florida Supreme Court – implied consent law for operators of motor vehicles does not require that urine testing methods be approved in accordance with the Administrative Procedures Act - trial court’s order denying defendant’s motion to suppress must be affirmed  -- Order affirmed.  Clement v. State, No. 03-00086 APANO (Fla. 6th Cir. App. Ct. Sept. 8, 2004).

 

 

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT

IN AND FOR PINELLAS COUNTY, FLORIDA

APPELLATE DIVISION

 

NICHOLAS JOHN CLEMENT,

                        Appellant,

vs.                                                                                            Appeal No. CRC 03-00086 APANO

                                                                                                UCN522003AP000047XXXXCR

STATE OF FLORIDA,

                        Appellee.

____________________________________/

 

Opinion filed ________________________

 

Appeal from Judgment of Guilt

Judge Dorothy Vaccaro

 

Sarah J. Rumph, Assistant Public Defender

Attorney for Appellant

 

Katherine Scott, Assistant State Attorney

Attorney for Appellee

 

ORDER AND OPINION

 

            THIS CAUSE came before the Court on appeal, filed by Nicholas John Clement (Clement), from the Judgment of Guilt by jury verdict for the offense of DUI, entered November 4, 2003.  Upon review of the briefs, the record, and being otherwise fully advised, the Court affirms the judgment as set forth below.

            The record shows that, on October 12, 2002, Clement was arrested and charged with DUI to which Clement entered a plea of not guilty.  Clement filed a motion to suppress the results of his urine test arguing that the test did not conform to any approved method of chemical testing and, further, that the toxicology report contained no information on the exact amount of chemicals in Clement’s system.  The trial court denied this motion and the case moved to trial.  Clement was found guilty as charged by the jury on November 4, 2003.

            On appeal, Clement raises two issues: (1) whether the trial court committed reversible error when it denied Clement’s motion to suppress the urine results in opposition to State v. Bodden, 872 So.2d 916 (Fla. 2d DCA 2002); and (2) whether the trial court is constitutionally bound to follow the Second District Court of Appeal when the Florida Supreme Court grants a stay pending review. [1]   The Court finds that the Florida Supreme Court has squarely overruled the Second District’s Bodden opinion and has concluded that the implied consent law for operators of motor vehicles does not require that urine testing methods be approved in accordance with the Administrative Procedures Act.  See State v. Bodden, 2004 WL 792826 (Fla. 2004).  Accordingly, without addressing the propriety of the trial court’s decision in this case, the Court finds that the order denying Clement’s motion to suppress must be affirmed.  Therefore, it is, 

            ORDERED AND ADJUDGED that the Judgment of Guilt is affirmed.

            DONE AND ORDERED in Chambers, at Clearwater, Pinellas County, Florida this ________ day of September 2004.

 

 

                                                                        ___________________________________

                                                                        ROBERT J. MORRIS, JR.

                                                                        Circuit Judge

 

 

 

                                                                        ___________________________________

                                                                        IRENE SULLIVAN

                                                                        Circuit Judge

 

 

 

 

                                                                        ___________________________________

                                                                        DAVID A. DEMERS

                                                                        Circuit Judge

Copies furnished to:

 

Judge Dorothy Vaccaro

 

Sarah J. Rumph, Assistant Public Defender

 

Katherine Scott, Assistant State Attorney

[1] Clement does not appeal that portion of the trial court’s order finding that an unquantifiable amount of drugs in defendant’s urine is admissible as evidence.