House Bill 3511c1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3511
By the Committee on Law Enforcement & Public Safety and
Representative Constantine
1 A bill to be entitled
2 An act relating to driver license revocations;
3 amending s. 322.26, F.S.; providing for
4 permanent revocation of a driver license for
5 murder resulting from the operation of a motor
6 vehicle and for vehicular homicide; amending s.
7 322.271, F.S.; providing for petition for
8 reinstatement under certain circumstances;
9 creating s. 322.275, F.S.; providing for the
10 authority of the court to authorize
11 reinstatement of permanently revoked driver
12 license; amending s. 322.28, F.S.; revising
13 language with respect to the period of
14 suspension or revocation; conforming current
15 language to the act; creating s. 322.283, F.S.;
16 providing for the commencement of the period of
17 suspension or revocation for incarcerated
18 offenders; providing for notification to the
19 Department of Highway Safety and Motor
20 Vehicles; creating s. 322.341, F.S.; providing
21 penalties for driving while a license is
22 permanently revoked; providing an effective
23 date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (1) of section 322.26, Florida
28 Statutes, is amended to read:
29 322.26 Mandatory revocation of license by
30 department.--The department shall forthwith revoke the license
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3511
604-126-98
1 or driving privilege of any person upon receiving a record of
2 such person's conviction of any of the following offenses:
3 (1)(a) Murder resulting from the operation of a motor
4 vehicle. For such cases, the revocation of the driver's
5 license or driving privilege shall be permanent.
6 (b) Manslaughter resulting from the operation of a
7 motor vehicle, vehicular homicide, or a violation of s.
8 322.34(6) involving death. For such cases, the revocation of
9 the driver's license or driving privilege shall be permanent,
10 except as provided in s. 322.271(4).
11 Section 2. Paragraph (b) of subsection (1) and
12 subsection (4) of section 322.271, Florida Statutes, are
13 amended to read:
14 322.271 Authority to modify revocation, cancellation,
15 or suspension order.--
16 (1)
17 (b) A person whose driving privilege has been revoked
18 under s. 322.27(5) may, upon expiration of 12 months from the
19 date of such revocation, petition the department for
20 reinstatement restoration of his or her driving privilege.
21 Upon such petition and after investigation of the person's
22 qualification, fitness, and need to drive, the department
23 shall hold a hearing pursuant to chapter 120 to determine
24 whether the driving privilege shall be reinstated restored on
25 a restricted basis solely for business or employment purposes.
26 (4)(a) If expressly authorized by the court pursuant
27 to s. 322.275 Notwithstanding the provisions of s.
28 322.28(2)(e), a person whose driving privilege has been
29 permanently revoked because he or she has been convicted four
30 times of violating s. 316.193 or former s. 316.1931 or because
31 he or she has been convicted of DUI manslaughter in violation
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3511
604-126-98
1 of s. 316.193 may, upon the expiration of 5 years after the
2 date of such revocation or the expiration of 5 years after the
3 termination of any term of incarceration under s. 316.193 or
4 former s. 316.1931, whichever date is later, petition the
5 department for reinstatement of his or her driving privilege.
6 1.(a) Within 30 days after the receipt of such a
7 petition, the department shall afford the petitioner an
8 opportunity for a hearing. At the hearing, the petitioner
9 must demonstrate to the department that he or she:
10 a.1. Has not been arrested for a drug-related offense
11 during the 5 years preceding the filing of the petition;
12 b.2. Has not driven a motor vehicle without a license
13 for at least 5 years prior to the hearing;
14 c.3. Has been drug-free for at least 5 years prior to
15 the hearing; and
16 d.4. Has completed a DUI program licensed by the
17 department.
18 2.(b) At such hearing, the department shall determine
19 the petitioner's qualification, fitness, and need to drive.
20 Upon such determination, the department may, in its
21 discretion, reinstate the driver's license of the petitioner.
22 Such reinstatement must be made subject to the following
23 qualifications:
24 a.1. The license must be restricted for employment
25 purposes for not less than 1 year; and
26 b.2. Such person must be supervised by a DUI program
27 licensed by the department and report to the program for such
28 supervision and education at least four times a year or
29 additionally as required by the program for the remainder of
30 the revocation period. Such supervision shall include
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3511
604-126-98
1 evaluation, education, referral into treatment, and other
2 activities required by the department.
3 3.(c) Such person must assume the reasonable costs of
4 supervision. If such person fails to comply with the required
5 supervision, the program shall report the failure to the
6 department, and the department shall cancel such person's
7 driving privilege.
8 4.(d) If, after reinstatement, such person is
9 convicted of an offense for which mandatory revocation of his
10 or her license is required, the department shall revoke his or
11 her driving privilege.
12 5.(e) The department shall adopt rules regulating the
13 providing of services by DUI programs pursuant to this
14 section.
15 (b) If expressly authorized by the court pursuant to
16 s. 322.275, a person whose driving privilege has been
17 permanently revoked for manslaughter by operation of a motor
18 vehicle, vehicular homicide, or a violation of s. 322.34(6)
19 involving death may, upon expiration of 5 years from the date
20 of such revocation, petition the department for reinstatement
21 of his or her driving privilege. Upon such petition and after
22 investigation of the person's qualification, fitness, and need
23 to drive, the department shall hold a hearing pursuant to
24 chapter 120 to determine whether the driving privilege shall
25 be reinstated on a restricted basis solely for business or
26 employment purposes. Under no circumstances shall the driver's
27 license or driving privilege of any such person be reinstated
28 if the person has been convicted of a violation of s. 322.341
29 or any other driving offense resulting in incarceration,
30 regardless of whether adjudication has been withheld,
31 occurring within the 5 years prior to the request for a
4
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3511
604-126-98
1 hearing. No person may petition the department for
2 reinstatement of his or her driver's license or driving
3 privilege during any time such person has a formal charge for
4 violation of s. 322.341 pending before a court.
5 Section 3. Section 322.275, Florida Statutes, is
6 created to read:
7 322.275 Authority of the court to authorize
8 reinstatement of permanently revoked driver's license.--
9 (1) For any offense provided in s. 322.28(2)(f)2., the
10 court may authorize a defendant to petition the department for
11 reinstatement of his or her driver's license or driving
12 privilege if, at the time of sentencing, the court finds that
13 the defendant has no previous convictions, regardless of
14 whether adjudication has been withheld, for any of the
15 following:
16 (a) Any violation of s. 316.193, former s. 316.1931,
17 or former s. 860.01;
18 (b) Three or more violations of s. 322.34(2) or s.
19 322.34(5), driving a motor vehicle while his or her driver's
20 license or driving privilege has been suspended, canceled, or
21 revoked;
22 (c) Any violation of s. 322.34(6), driving a motor
23 vehicle while his or her driver's license or driving privilege
24 has been suspended, canceled, or revoked, causing death;
25 (d) Reckless driving;
26 (e) Vehicular homicide; or
27 (f) Manslaughter resulting from the operation of a
28 motor vehicle.
29
30 For purposes of this subsection, a violation of any federal
31 law, or law of another state, or law of the District of
5
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3511
604-126-98
1 Columbia, or law of any territory of the United States,
2 similar in statutory prohibition as those offenses provided in
3 this subsection, shall be counted to the same extent as a
4 violation under Florida law.
5 (2) For a fourth or subsequent conviction for a
6 violation of s. 316.193 or former s. 316.1931, when three or
7 more of the previous convictions have not occurred within the
8 preceding 5 years, the court may, in its discretion, authorize
9 a defendant to petition the department for reinstatement of
10 his or her driver's license or driving privilege if, at the
11 time of sentencing, the court finds that the defendant does
12 not pose a significant risk to public safety.
13 (3) Notwithstanding the provisions of subsection (1)
14 or subsection (2), the court may not authorize reinstatement
15 of a driver's license which has been permanently revoked for
16 any offense provided in s. 322.28(2)(f)2. if at the time such
17 offense was committed the defendant was a habitual traffic
18 offender as defined under s. 322.264.
19 Section 4. Paragraph (e) of subsection (2) and
20 paragraph (a) of subsection (5) of section 322.28, Florida
21 Statutes, are amended, and paragraph (f) is added to
22 subsection (2) of said section, to read:
23 322.28 Period of suspension or revocation.--
24 (2) In a prosecution for a violation of s. 316.193 or
25 former s. 316.1931, the following provisions apply:
26 (e) The court shall permanently revoke the driver's
27 license or driving privilege of a person who has been
28 convicted four times for violation of s. 316.193 or former s.
29 316.1931 or a combination of such sections. The court shall
30 permanently revoke the driver's license or driving privilege
31 of any person who has been convicted of DUI manslaughter in
6
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3511
604-126-98
1 violation of s. 316.193. If the court has not permanently
2 revoked such driver's license or driving privilege within 30
3 days after imposing sentence, the department shall permanently
4 revoke the driver's license or driving privilege pursuant to
5 this paragraph. No driver's license or driving privilege may
6 be issued or granted to any such person. This paragraph
7 applies only if at least one of the convictions for violation
8 of s. 316.193 or former s. 316.1931 was for a violation that
9 occurred after July 1, 1982. For the purposes of this
10 paragraph, a conviction for violation of former s. 316.028,
11 former s. 316.1931, or former s. 860.01 is also considered a
12 conviction for violation of s. 316.193. Also, a conviction of
13 driving under the influence, driving while intoxicated,
14 driving with an unlawful blood-alcohol level, or any other
15 similar alcohol-related or drug-related traffic offense
16 outside this state is considered a conviction for the purposes
17 of this paragraph.
18 (f)1. The court shall permanently revoke the driver's
19 license or driving privilege of a person who has been
20 convicted of murder resulting from the operation of a motor
21 vehicle. No driver's license or driving privilege may be
22 issued or granted to any such person.
23 2. The court shall permanently revoke the driver's
24 license or driving privilege of a person who has been
25 convicted of manslaughter resulting from the operation of a
26 motor vehicle, DUI manslaughter in violation of s. 316.193,
27 vehicular homicide, or a violation of s. 322.34(6) involving
28 death. If the court has not permanently revoked such driver's
29 license or driving privilege within 30 days after imposing
30 sentence, the department shall permanently revoke the driver's
31 license or driving privilege pursuant to this paragraph. No
7
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3511
604-126-98
1 driver's license or driving privilege may be issued or granted
2 to any such person, unless expressly authorized by the court
3 pursuant to s. 322.275.
4 (5)(a) Upon a conviction for a violation of s.
5 316.193(3)(c)2., involving serious bodily injury, a conviction
6 of manslaughter resulting from the operation of a motor
7 vehicle, or a conviction of vehicular homicide, the court
8 shall revoke the driver's license of the person convicted for
9 a minimum period of 3 years if death to any other person
10 resulted from the operation of a motor vehicle by such driver.
11 In the event that a conviction under s. 316.193(3)(c)2.,
12 involving serious bodily injury, is also a subsequent
13 conviction as described under paragraph (2)(a), the court
14 shall revoke the driver's license or driving privilege of the
15 person convicted for the period applicable as provided in
16 paragraph (2)(a) or paragraph (2)(e).
17 Section 5. Section 322.283, Florida Statutes, is
18 created to read:
19 322.283 Commencement of period of suspension or
20 revocation for incarcerated offenders.--
21 (1) For criminal traffic offenses when the court
22 orders the defendant to serve a term of incarceration or
23 imprisonment, and the defendant's driver's license or driving
24 privilege is suspended or revoked as a result of such offense,
25 the period of suspension or revocation shall commence upon the
26 defendant's release from incarceration. For purposes of
27 calculating the defendant's eligibility for reinstatement of
28 his or her driver's license or driving privilege under this
29 section, the date of the defendant's release from
30 incarceration shall be deemed the date the suspension or
31 revocation period was imposed.
8
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/HB 3511
604-126-98
1 (2) For defendants convicted of a criminal traffic
2 offense and sentenced to imprisonment with the Department of
3 Corrections, the Department of Corrections shall notify the
4 Department of Highway Safety and Motor Vehicles of the date of
5 the defendant's release from prison or other state
6 correctional facility. For defendants convicted of a criminal
7 traffic offense and sentenced to incarceration within the
8 jurisdictional county jail or other correctional facility
9 operated by the jurisdictional county, the sheriff of the
10 jurisdictional county wherein the defendant is incarcerated
11 shall notify the Department of Highway Safety and Motor
12 Vehicles of the date of the defendant's release from the
13 county jail or other correctional facility. The notification
14 of a defendant's release from incarceration shall be on a form
15 approved by the Department of Highway Safety and Motor
16 Vehicles. This subsection shall only apply to those defendants
17 who have had their driver's license or driving privilege
18 suspended or revoked as a result of the offense for which they
19 are incarcerated or imprisoned.
20 Section 6. Section 322.341, Florida Statutes, is
21 created to read:
22 322.341 Driving while license permanently
23 revoked.--Any person whose driver's license or driving
24 privilege has been permanently revoked pursuant to s. 322.26
25 or s. 322.28, and who drives a motor vehicle upon the highways
26 of this state, is guilty of a felony of the third degree,
27 punishable as provided in s. 775.082, s. 775.083, or s.
28 775.084. Any person convicted under this section shall be
29 sentenced to a minimum term of imprisonment of 2 years.
30 Section 7. This act shall take effect July 1, 1999.
31
9