Senate Bill 1056

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    Florida Senate - 1999                                  SB 1056

    By Senator Casas





    39-605A-99

  1                      A bill to be entitled

  2         An act relating to driving under the influence;

  3         amending ss. 316.192, 316.193, 322.271,

  4         322.291, F.S.; providing that any person

  5         convicted of driving under the influence must,

  6         in addition to any other penalties provided by

  7         law, complete a substance abuse education

  8         course conducted by a licensed DUI program,

  9         including a psychosocial evaluation, and, if

10         referred, substance abuse treatment; providing

11         criteria for temporary reinstatement of driving

12         privileges by the Department of Highway Safety

13         and Motor Vehicles; amending s. 322.292, F.S.;

14         providing criteria for the granting of DUI

15         program licenses and deleting obsolete

16         provisions; providing an effective date.

17

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

19

20         Section 1.  Subsection (4) of section 316.192, Florida

21  Statutes, is amended to read:

22         316.192  Reckless driving.--

23         (4)  In addition to any other penalty provided under

24  this section, if the court has reasonable cause to believe

25  that the use of alcohol, chemical substances set forth in s.

26  877.111, or substances controlled under chapter 893

27  contributed to a violation of this section, the court shall

28  direct the person so convicted to complete a DUI program the

29  substance abuse education course and evaluation as provided in

30  s. 316.193(5) within a reasonable period of time specified by

31  the court.  If the DUI program agency conducting such course

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    Florida Senate - 1999                                  SB 1056
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  1  and evaluation refers may refer the person to an authorized

  2  substance abuse treatment provider agency for substance abuse

  3  evaluation and treatment,. the directive of the court

  4  requiring completion of such course, evaluation, and treatment

  5  shall be enforced as provided in s. 322.245. The referral to

  6  treatment resulting from the DUI program evaluation may not be

  7  waived without a supporting independent psychosocial

  8  evaluation conducted by an authorized substance abuse

  9  treatment provider appointed by the court, which shall have

10  access to the DUI program psychosocial evaluation before the

11  independent psychosocial evaluation is conducted. The court

12  shall review the results and recommendations of both

13  evaluations before determining the request for waiver. The

14  offender shall bear the full cost of this procedure. If a

15  person directed referred to a DUI program substance abuse

16  education course and evaluation or referred to treatment under

17  this subsection fails to report for or complete such course,

18  evaluation, or treatment or education, the agency conducting

19  the DUI program shall notify the court and the department of

20  the failure.  Upon receipt of such notice, the department

21  shall cancel the person's driving privilege, notwithstanding

22  the terms of the court order or any suspension or revocation

23  of the driving privilege.  The department may temporarily

24  shall reinstate the driving privilege on a restricted basis

25  upon verification from the DUI program that the education,

26  evaluation, and treatment are completed. The department may

27  temporarily reinstate the driving privilege on a restricted

28  basis for a period not to exceed 90 days upon verification

29  that the offender has entered treatment and has completed the

30  DUI education course and evaluation requirement. If the DUI

31  program notifies the department of the second failure to

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  1  complete treatment, the department shall reinstate the driving

  2  privilege only after notice of successful completion of

  3  treatment from the DUI program. when the person completes the

  4  substance abuse education course or reenters treatment

  5  required under this subsection.

  6         Section 2.  Subsection (5) of section 316.193, Florida

  7  Statutes, 1998 Supplement, is amended to read:

  8         316.193  Driving under the influence; penalties.--

  9         (5)  The court shall place all offenders any offender

10  convicted of violating this section on monthly reporting

11  probation and shall require attendance at a substance abuse

12  course conducted by a DUI program licensed by the department

13  under s. 322.292, which must include a psychosocial evaluation

14  of the offender. If the DUI program refers licensed by the

15  department; and the agency conducting the course may refer the

16  offender to an authorized substance abuse treatment service

17  provider for substance abuse evaluation and treatment, in

18  addition to any sentence or fine imposed under this section,

19  completion of all such education, evaluation, and treatment is

20  a condition of reporting probation.  The offender shall assume

21  reasonable costs for such education, evaluation, and

22  treatment, with completion of all such education, evaluation,

23  and treatment being a condition of reporting probation. The

24  referral to treatment resulting from a psychosocial evaluation

25  shall may not be waived without a supporting independent

26  psychosocial evaluation conducted by an authorized substance

27  abuse treatment provider agency appointed by the court, which

28  shall have and with access to the DUI program's psychosocial

29  original evaluation before the independent psychosocial

30  evaluation is conducted. The court shall review the results

31  and recommendations of both evaluations before determining the

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  1  request for waiver.  The offender shall bear the full cost of

  2  this procedure.  The term "substance abuse" means the abuse of

  3  alcohol or any substance named or described in Schedules I

  4  through V of s. 893.03.  If an offender referred to treatment

  5  under this subsection fails to report for or complete such

  6  treatment or fails to complete the DUI program substance abuse

  7  education course and evaluation, the DUI program shall notify

  8  the court and the department of the failure.  Upon receipt of

  9  the notice, the department shall cancel the offender's driving

10  privilege, notwithstanding the terms of the court order or any

11  suspension or revocation of the driving privilege.  The

12  department may temporarily shall reinstate the driving

13  privilege on a restricted basis for a period not to exceed 90

14  days upon verification from the DUI program that the offender

15  has entered treatment and the DUI education course and

16  evaluation requirement has been completed. If the DUI program

17  notifies the department of the second failure to complete

18  treatment, the department shall reinstate the driving

19  privilege only after notice of completion of treatment from

20  the DUI program when the offender completes the substance

21  abuse education course or enters treatment required under this

22  subsection.  The organization that conducts the substance

23  abuse education and evaluation may not provide required

24  substance abuse treatment unless a waiver has been granted to

25  that organization by the department.  A waiver may be granted

26  only if the department determines, in accordance with its

27  rules, that the service provider that conducts the substance

28  abuse education and evaluation is the most appropriate service

29  provider and is licensed under chapter 397 or is exempt from

30  such licensure. All DUI treatment programs providing treatment

31  services on January 1, 1994, shall be allowed to continue to

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  1  provide such services until the department determines whether

  2  a waiver should be granted. A statistical referral report

  3  shall be submitted quarterly to the department by each

  4  organization authorized to provide services under this

  5  section.

  6         Section 3.  Paragraph (a) of subsection (2) of section

  7  322.271, Florida Statutes, 1998 Supplement, is amended to

  8  read:

  9         322.271  Authority to modify revocation, cancellation,

10  or suspension order.--

11         (2)(a)  Upon such hearing, the person whose license has

12  been suspended, canceled, or revoked may show that such

13  suspension, cancellation, or revocation of his or her license

14  causes a serious hardship and precludes the person's carrying

15  out his or her normal business occupation, trade, or

16  employment and that the use of the person's license in the

17  normal course of his or her business is necessary to the

18  proper support of the person or his or her family.  Except as

19  otherwise provided in this subsection, the department shall

20  require proof of the successful completion of the applicable

21  department an approved driver training course or DUI substance

22  abuse education course, which shall include a psychosocial

23  evaluation and treatment, if referred, and may require letters

24  of recommendation from respected business persons in the

25  community, law enforcement officers, or judicial officers in

26  determining whether such person should be permitted to operate

27  a motor vehicle on a restricted basis for business or

28  employment use only and in determining whether such person can

29  be trusted to so operate a motor vehicle. The referral to

30  treatment resulting from the psychosocial evaluation shall not

31  be waived without a supporting independent psychosocial

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  1  evaluation conducted by an authorized substance abuse

  2  treatment provider appointed by the department, which shall

  3  have access to the DUI program psychosocial evaluation before

  4  the independent psychosocial evaluation is conducted. The

  5  department shall review the results and recommendations of

  6  both evaluations before determining the request for waiver.

  7  The offender must bear the full cost of this procedure. If a

  8  driver's license has been suspended under the point system or

  9  pursuant to s. 322.2615, the department shall require proof of

10  enrollment in the applicable department an approved driver

11  training course or licensed DUI program substance abuse

12  education course, including evaluation and treatment, if

13  referred, and may require the letters of recommendation

14  described in this subsection to determine if the driver should

15  be reinstated on a restricted basis; if such person fails to

16  complete the approved course within 90 days after

17  reinstatement or subsequently fails to complete treatment, if

18  applicable, the department shall cancel his or her driver's

19  license until the course and treatment, if applicable, is

20  successfully completed, notwithstanding the terms of the court

21  order or any suspension or revocation of the driving

22  privilege. The department may temporarily reinstate the

23  driving privilege on a restricted basis for a period not to

24  exceed 90 days upon verification from the DUI program that the

25  offender has entered treatment and has completed the DUI

26  education course and evaluation requirement. If the DUI

27  program notifies the department of the second failure to

28  complete treatment, the department shall reinstate the driving

29  privilege only after notice of completion of treatment from

30  the DUI program.  The privilege of driving on a limited or

31  restricted basis for business or employment use shall not be

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  1  granted to a person who has been convicted of a violation of

  2  s. 316.193 until completion of the DUI substance abuse such

  3  education or training course, evaluation, and treatment, if

  4  referred. Except as provided in paragraph (b), the privilege

  5  of driving on a limited or restricted basis for business or

  6  employment use shall not be granted to a person whose license

  7  is revoked pursuant to s. 322.28 or suspended pursuant to s.

  8  322.2615 and who has been convicted of a violation of s.

  9  316.193 two or more times or whose license has been suspended

10  two or more times for refusal to submit to a test pursuant to

11  s. 322.2615 or former s. 322.261.

12         Section 4.  Section 322.291, Florida Statutes, is

13  amended to read:

14         322.291  Driver improvement schools or DUI programs;

15  required in certain suspension and revocation cases.--Except

16  as provided in s. 322.03(2), any person:

17         (1)  Whose driving privilege has been revoked:

18         (a)  Upon conviction for:

19         1.  Driving, or being in actual physical control of,

20  any vehicle while under the influence of alcoholic beverages,

21  any chemical substance set forth in s. 877.111, or any

22  substance controlled under chapter 893, in violation of s.

23  316.193;

24         2.  Driving with an unlawful blood- or breath-alcohol

25  level;

26         3.  Manslaughter resulting from the operation of a

27  motor vehicle;

28         4.  Failure to stop and render aid as required under

29  the laws of this state in the event of a motor vehicle

30  accident resulting in the death or personal injury of another;

31         5.  Reckless driving; or

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  1         (b)  As an habitual offender;

  2         (c)  Upon direction of the court, if the court feels

  3  that the seriousness of the offense and the circumstances

  4  surrounding the conviction warrant the revocation of the

  5  licensee's driving privilege; or

  6         (2)  Whose license was suspended under the point

  7  system, was suspended for driving with an unlawful

  8  blood-alcohol level of 0.10 percent or higher before January

  9  1, 1994, was suspended for driving with an unlawful

10  blood-alcohol level of 0.08 percent or higher after December

11  31, 1993, was suspended for a violation of s. 316.193(1), or

12  was suspended for refusing to submit to a lawful breath,

13  blood, or urine test as provided in s. 322.2615

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15  shall, before the driving privilege may be reinstated, present

16  to the department proof of enrollment in a department-approved

17  advanced driver improvement course or DUI program substance

18  abuse education course, which shall include a psychosocial

19  evaluation and treatment, if referred.  If the person fails to

20  complete such course or evaluation within 90 days after

21  reinstatement, or subsequently fails to complete treatment, if

22  referred, the DUI program shall notify the department of the

23  failure. Upon receipt of the notice, the department shall

24  cancel the offender's driving privilege, notwithstanding the

25  expiration of the suspension or revocation of the driving

26  privilege. The department may temporarily reinstate the

27  driving privilege on a restricted basis for a period not to

28  exceed 90 days upon verification from the DUI program that the

29  offender has completed the education course and evaluation

30  requirement and has entered treatment. If the DUI program

31  notifies the department of the second failure to complete

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  1  treatment, the department shall reinstate the driving

  2  privilege only after notice of completion of treatment from

  3  the DUI program. The referral to treatment resulting from the

  4  psychosocial evaluation shall not be waived without a

  5  supporting independent evaluation to be conducted by an

  6  authorized substance abuse treatment provider appointed by the

  7  department, which shall have access to the DUI program

  8  psychosocial evaluation before the independent psychosocial

  9  evaluation is conducted. The department shall review the

10  results and recommendations of both evaluations before

11  determining the request for waiver. The offender must bear the

12  full cost of this procedure. the driver's license shall be

13  canceled by the department until such course is successfully

14  completed.

15         Section 5.  Section 322.292, Florida Statutes, is

16  amended to read:

17         322.292  DUI programs supervision; powers and duties of

18  the department.--

19         (1)  The Department of Highway Safety and Motor

20  Vehicles shall license and regulate all DUI programs, which

21  regulation shall include the certification of instructors,

22  evaluators, clinical supervisors, and evaluator supervisors.

23  The department shall, after consultation with the chief judge

24  of the affected judicial circuit, establish requirements

25  regarding the number of programs to be offered within a

26  judicial circuit.  Such requirements shall address the number

27  of clients currently served in the circuit as well as

28  improvements in service that may be derived from operation of

29  an additional DUI program.  DUI program education and

30  evaluation services are exempt from licensure under chapter

31

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  1  chapters 396 and 397.  However, treatment programs must

  2  continue to be licensed under chapter chapters 396 and 397.

  3         (2)  The department shall adopt rules to implement its

  4  supervisory authority over DUI programs in accordance with the

  5  procedures of chapter 120, including the establishment of

  6  uniform standards of operation for DUI programs and the method

  7  for setting and approving fees, as follows:

  8         (a)  Adopt rules Establish minimum standards for

  9  statutorily required education, evaluation, and supervision of

10  DUI offenders.  Such minimum standards previously adopted by

11  the Traffic Court Review Committee of the Supreme Court of

12  Florida shall remain in effect unless modified by the

13  department.

14         (b)  Adopt rules Establish minimum standards for the

15  administration and financial management of DUI programs,

16  including, but not limited to:

17         1.  Rules Standards governing the types of expenditures

18  that may be made by DUI programs from funds paid by persons

19  attending such programs.

20         2.  Rules Standards for financial reporting that

21  require data on DUI programs expenditures in sufficient detail

22  to support reasonable and informed decisions concerning the

23  fees that are to be assessed those attending DUI programs.

24  The department shall perform financial audits of DUI programs

25  required under this section or require that financial audits

26  of the programs be performed by certified public accountants

27  at program expense and submitted directly from the auditor to

28  the department.

29         3.  Rules for Standards of reciprocity in relation to

30  DUI programs in other states or countries that have programs

31  similar to the DUI programs licensed by the department.

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  1         4.  Such other rules standards as the department deems

  2  appropriate and necessary for the effective oversight of the

  3  DUI programs.

  4         (c)  Implement procedures for the granting and revoking

  5  of licenses for DUI programs, including:

  6         1.  A uniform application fee in an amount sufficient

  7  to cover the department's administrative costs in processing

  8  and evaluating DUI program license applications. The

  9  application fee shall not apply to programs that apply for

10  licensure to serve a county that does not have a currently

11  licensed DUI program or where the currently licensed program

12  has relinquished its license.

13         2.  Criteria for evaluating the need for additional

14  licensed DUI programs serving the same geographic area,

15  including:

16         a.  The availability, quality of services,

17  accessibility, and adequacy of currently licensed providers.

18         b.  The ability of the applicant to provide quality DUI

19  program services and the applicant's record of providing DUI

20  services in other areas of the state.

21         c.  The availability of resources, including

22  appropriately trained and certified personnel employed by or

23  under contract with the applicant, and adequate applicant

24  funds for capital and operating expenses.

25         d.  The applicant's ability to offer higher quality,

26  more frequent or more accessible DUI program services, and the

27  applicant's ability to offer improved services to persons with

28  special needs.

29         e.  The immediate and long-term financial feasibility

30  of the applicant.

31

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  1         f.  The probable impact of an additional licensed DUI

  2  program on existing DUI services in the same geographic area

  3  in terms of the availability, quality, accessibility, and

  4  adequacy of existing DUI services. To assist the department in

  5  evaluating an application, the department shall request that

  6  licensees furnish information concerning the impact of an

  7  additional program on existing DUI services.

  8         3.  Competing applicants and currently licensed DUI

  9  programs serving the same geographic area may request an

10  administrative hearing under chapter 120 to contest the

11  department's determination of need for an additional licensed

12  DUI program in that area.

13         4.  The department shall revoke the license of any DUI

14  program that does not provide the services specified in its

15  application within 45 days after licensure.

16         (d)  Establish a fee structure for the various programs

17  offered by the DUI programs, based only on the reasonable and

18  necessary costs for operating the programs throughout the

19  state. The department shall approve, modify, or reduce fees as

20  necessary. The DUI programs fees that are in effect on January

21  1, 1994, shall remain in effect until the department adopts a

22  fee schedule for the DUI programs system. After the adoption

23  of the schedule, the programs shall adjust their fees to

24  conform with the established amounts.

25         (e)  Establish policies and procedures for monitoring

26  DUI programs compliance with all rules adopted minimum

27  standards established by the department.

28         (f)  The department shall oversee an ongoing evaluation

29  to assess the effectiveness of the DUI programs.  This

30  evaluation shall be performed by an independent group and

31  shall evaluate the curriculum, client treatment referrals,

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  1  recidivism rates, and any other relevant matters.  The

  2  department shall report to the Legislature by January 1, 1995,

  3  on the status of the evaluation, including its design and

  4  schedule for completion. The department may use funds received

  5  under s. 322.293 to retain the services and reimburse expenses

  6  of such private persons or professional consultants as are

  7  required for monitoring and evaluating DUI programs.

  8         (g)  Investigate complaints about the DUI programs and

  9  resolve problems in the provision of services to DUI

10  offenders, as needed.

11         (3)  All DUI programs and certified program personnel

12  providing DUI programs services that meet the department's

13  standards and that are operating on January 1, 1994, may

14  remain in operation until the department's license procedures

15  are in place. At that time the DUI programs and certified

16  program personnel may apply for relicensure.

17         (3)(4)  DUI programs shall be either governmental

18  programs or not-for-profit corporations.

19         (5)  The department shall report to the Supreme Court

20  by December 1, 1994, and by December 31 of each succeeding

21  year through 1996, on the general status of the statewide

22  program. This report must include programmatic and statistical

23  information regarding the number of licensed programs,

24  enrollment and referral figures, program monitoring and

25  evaluation activities, and findings, and the general steps

26  taken by the department to implement the provisions of this

27  section.

28         Section 6.  This act shall take effect October 1, 1999.

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  2                          SENATE SUMMARY

  3    Provides standards for DUI program substance abuse
      education courses and requires psychosocial evaluations.
  4    Provides for the temporary reinstatement of driving
      privileges. Provides criteria for the licensing of DUI
  5    programs.

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