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:
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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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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
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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.
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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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