CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
54-366AX-32 Bill No. CS for CS for SB 1056, 1st Eng.
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Arnall offered the following:
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13 Amendment (with title amendment)
14 On page 5, line 23, through page 8, line 25,
15 remove from the bill: all of said lines,
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17 and insert in lieu thereof:
18 Section 3. Effective June 1, 2000, subsection (6) is
19 added to section 318.1451, Florida Statutes, is amended to
20 read:
21 318.1451 Driver improvement schools.--
22 (6)(a) No governmental entity or court shall provide,
23 issue or maintain any information or orders regarding driver
24 improvement schools or course providers, with the exception of
25 directing inquiries or request to the local telephone
26 directory heading of driving instruction or the traffic school
27 reference guide.
28 (b) The department shall prepare for any governmental
29 entity to distribute, a traffic school reference guide which
30 shall list the benefits of attending a driver improvement
31 school, but under no circumstance may any list of course
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hbd0001 10:19 am 01056-0018-692125
HOUSE AMENDMENT
54-366AX-32 Bill No. CS for CS for SB 1056, 1st Eng.
Amendment No. (for drafter's use only)
1 providers or schools be included, and shall refer further
2 inquiries to the telephone directory under driving
3 instruction.
4 Section 4. Paragraph (a) of subsection (2) of section
5 322.271, Florida Statutes, 1998 Supplement, is amended to
6 read:
7 322.271 Authority to modify revocation, cancellation,
8 or suspension order.--
9 (2)(a) Upon such hearing, the person whose license has
10 been suspended, canceled, or revoked may show that such
11 suspension, cancellation, or revocation of his or her license
12 causes a serious hardship and precludes the person's carrying
13 out his or her normal business occupation, trade, or
14 employment and that the use of the person's license in the
15 normal course of his or her business is necessary to the
16 proper support of the person or his or her family. Except as
17 otherwise provided in this subsection, the department shall
18 require proof of the successful completion of the applicable
19 department an approved driver training course operating
20 pursuant to s. 318.1451 or DUI program substance abuse
21 education course and evaluation as provided in s. 316.193(5).
22 and may require Letters of recommendation from respected
23 business persons in the community, law enforcement officers,
24 or judicial officers may also be required to determine in
25 determining whether such person should be permitted to operate
26 a motor vehicle on a restricted basis for business or
27 employment use only and in determining whether such person can
28 be trusted to so operate a motor vehicle. If a driver's
29 license has been suspended under the point system or pursuant
30 to s. 322.2615, the department shall require proof of
31 enrollment in the applicable department an approved driver
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File original & 9 copies 04/30/99
hbd0001 10:19 am 01056-0018-692125
HOUSE AMENDMENT
54-366AX-32 Bill No. CS for CS for SB 1056, 1st Eng.
Amendment No. (for drafter's use only)
1 training course or licensed DUI program substance abuse
2 education course, including evaluation and treatment, if
3 referred, and may require the letters of recommendation
4 described in this subsection to determine if the driver should
5 be reinstated on a restricted basis.; If such person fails to
6 complete the approved course within 90 days after
7 reinstatement or subsequently fails to complete treatment, if
8 applicable, the department shall cancel his or her driver's
9 license until the course and treatment, if applicable, is
10 successfully completed, notwithstanding the terms of the court
11 order or any suspension or revocation of the driving
12 privilege. The department may temporarily reinstate the
13 driving privilege on a restricted basis upon verification from
14 the DUI program that the offender has reentered and is
15 currently participating in treatment and has completed the DUI
16 education course and evaluation requirement. If the DUI
17 program notifies the department of the second failure to
18 complete treatment, the department shall reinstate the driving
19 privilege only after notice of completion of treatment from
20 the DUI program. The privilege of driving on a limited or
21 restricted basis for business or employment use shall not be
22 granted to a person who has been convicted of a violation of
23 s. 316.193 until completion of the DUI program substance abuse
24 such education or training course and evaluations as provided
25 in s. 316.193(5). Except as provided in paragraph (b), the
26 privilege of driving on a limited or restricted basis for
27 business or employment use shall not be granted to a person
28 whose license is revoked pursuant to s. 322.28 or suspended
29 pursuant to s. 322.2615 and who has been convicted of a
30 violation of s. 316.193 two or more times or whose license has
31 been suspended two or more times for refusal to submit to a
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File original & 9 copies 04/30/99
hbd0001 10:19 am 01056-0018-692125
HOUSE AMENDMENT
54-366AX-32 Bill No. CS for CS for SB 1056, 1st Eng.
Amendment No. (for drafter's use only)
1 test pursuant to s. 322.2615 or former s. 322.261.
2 Section 5. Section 322.291, Florida Statutes, is
3 amended to read:
4 322.291 Driver improvement schools or DUI programs;
5 required in certain suspension and revocation cases.--Except
6 as provided in s. 322.03(2), any person:
7 (1) Whose driving privilege has been revoked:
8 (a) Upon conviction for:
9 1. Driving, or being in actual physical control of,
10 any vehicle while under the influence of alcoholic beverages,
11 any chemical substance set forth in s. 877.111, or any
12 substance controlled under chapter 893, in violation of s.
13 316.193;
14 2. Driving with an unlawful blood- or breath-alcohol
15 level;
16 3. Manslaughter resulting from the operation of a
17 motor vehicle;
18 4. Failure to stop and render aid as required under
19 the laws of this state in the event of a motor vehicle
20 accident resulting in the death or personal injury of another;
21 5. Reckless driving; or
22 (b) As an habitual offender;
23 (c) Upon direction of the court, if the court feels
24 that the seriousness of the offense and the circumstances
25 surrounding the conviction warrant the revocation of the
26 licensee's driving privilege; or
27 (2) Whose license was suspended under the point
28 system, was suspended for driving with an unlawful
29 blood-alcohol level of 0.10 percent or higher before January
30 1, 1994, was suspended for driving with an unlawful
31 blood-alcohol level of 0.08 percent or higher after December
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File original & 9 copies 04/30/99
hbd0001 10:19 am 01056-0018-692125
HOUSE AMENDMENT
54-366AX-32 Bill No. CS for CS for SB 1056, 1st Eng.
Amendment No. (for drafter's use only)
1 31, 1993, was suspended for a violation of s. 316.193(1), or
2 was suspended for refusing to submit to a lawful breath,
3 blood, or urine test as provided in s. 322.2615
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5 shall, before the driving privilege may be reinstated, present
6 to the department proof of enrollment in a department-approved
7 advanced driver improvement course operating pursuant to s.
8 318.1451 or a substance abuse
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12 And the title is amended as follows:
13 On page 1, line 16, after the semicolon,
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15 insert:
16 clarifying references to certain courses;
17 amending s. 318.1451, F.S.; prohibiting
18 governmental entities or courts from providing,
19 maintaining, or disclosing certain information
20 relating to certain schools or course
21 providers;
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File original & 9 copies 04/30/99
hbd0001 10:19 am 01056-0018-692125