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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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Arnall offered the following:

12

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,

16

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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    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  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

                                  2

    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

                                  3

    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

                                  4

    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

 4

 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

 9

10

11  ================ T I T L E   A M E N D M E N T ===============

12  And the title is amended as follows:

13         On page 1, line 16, after the semicolon,

14

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;

22

23

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    File original & 9 copies    04/30/99
    hbd0001                     10:19 am         01056-0018-692125