Senate Bill 0476

CODING: Words stricken are deletions; words underlined are additions.


    Florida Senate - 1998                                   SB 476

    By Senator Dyer





    14-236-98

  1                      A bill to be entitled

  2         An act relating to revocation of drivers'

  3         licenses; amending s. 322.28, F.S.; providing

  4         for the revocation of a defendant's driver's

  5         license to commence only after expiration of

  6         the defendant's term of incarceration following

  7         a conviction for certain offenses involving

  8         driving under the influence, manslaughter

  9         resulting from operating a motor vehicle, or

10         vehicular homicide; providing an effective

11         date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Paragraph (a) of subsection (2) and

16  subsection (5) of section 322.28, Florida Statutes, are

17  amended to read:

18         322.28  Period of suspension or revocation.--

19         (2)  In a prosecution for a violation of s. 316.193 or

20  former s. 316.1931, the following provisions apply:

21         (a)  Upon conviction of the driver, the court, along

22  with imposing sentence, shall revoke the driver's license or

23  driving privilege of the person so convicted, effective on the

24  date of conviction except as provided under paragraph (5)(a),

25  and shall prescribe the period of such revocation in

26  accordance with the following provisions:

27         1.  Upon a first conviction for a violation of the

28  provisions of s. 316.193, except a violation resulting in

29  death, the driver's license or driving privilege shall be

30  revoked for not less than 180 days or more than 1 year.

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    Florida Senate - 1998                                   SB 476
    14-236-98




  1         2.  Upon a second conviction within a period of 5 years

  2  from the date of a prior conviction for a violation of the

  3  provisions of s. 316.193 or former s. 316.1931 or a

  4  combination of such sections, the driver's license or driving

  5  privilege shall be revoked for not less than 5 years.

  6         3.  Upon a third conviction within a period of 10 years

  7  from the date of conviction of the first of three or more

  8  convictions for the violation of the provisions of s. 316.193

  9  or former s. 316.1931 or a combination of such sections, the

10  driver's license or driving privilege shall be revoked for not

11  less than 10 years.

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13  For the purposes of this paragraph, a previous conviction

14  outside this state for driving under the influence, driving

15  while intoxicated, driving with an unlawful blood-alcohol

16  level, or any other alcohol-related or drug-related traffic

17  offense similar to the offense of driving under the influence

18  as proscribed by s. 316.193 will be considered a previous

19  conviction for violation of s. 316.193, and a conviction for

20  violation of former s. 316.028, former s. 316.1931, or former

21  s. 860.01 is considered a conviction for violation of s.

22  316.193.

23         (5)(a)  Upon a conviction for a violation of s.

24  316.193(3), a conviction of manslaughter resulting from the

25  operation of a motor vehicle, or a conviction of vehicular

26  homicide, the court shall revoke the driver's license of the

27  person convicted for a minimum period of 3 years if death to

28  any other person resulted from the operation of a motor

29  vehicle by such driver. The period of revocation may not

30  commence until after expiration of the defendant's term of

31  incarceration. The department may not reinstate the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                   SB 476
    14-236-98




  1  defendant's driving privilege for any reason at any time

  2  during the period of revocation.

  3         (b)  If the period of revocation was not specified by

  4  the court at the time of imposing sentence or within 30 days

  5  thereafter, the department shall revoke the driver's license

  6  for the minimum period applicable under paragraph (a) upon

  7  expiration of the defendant's term of incarceration or, for a

  8  subsequent conviction, for the minimum period applicable under

  9  paragraph (2)(a) or paragraph (2)(e).

10         Section 2.  This act shall take effect July 1, 1998.

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13                          SENATE SUMMARY

14    Provides that if a defendant's driver's license is
      revoked and the defendant is sentenced to a term of
15    incarceration following a conviction of driving under the
      influence and causing damage to property or serious
16    bodily injury, manslaughter resulting from operating a
      motor vehicle, or vehicular homicide, the period of
17    license revocation does not commence until after the
      expiration of the defendant's term of incarceration.
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