House Bill 0113

    Florida House of Representatives - 2000                 HB 113

        By Representative Wise






  1                      A bill to be entitled

  2         An act relating to suspension of a driver's

  3         license; amending s. 322.2615, F.S.; providing

  4         that the disposition of any related criminal

  5         proceedings shall not affect a suspension of a

  6         driver's license for refusal to submit to a

  7         blood, breath, or urine test; directing the

  8         Department of Highway Safety and Motor Vehicles

  9         to invalidate a suspension for driving with an

10         unlawful blood-alcohol level under certain

11         circumstances; providing an effective date.

12

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

14

15         Section 1.  Subsection (14) of section 322.2615,

16  Florida Statutes, is amended, and subsection (16) is added to

17  said section, to read:

18         322.2615  Suspension of license; right to review.--

19         (14)(a)  The decision of the department under this

20  section shall not be considered in any trial for a violation

21  of s. 316.193, nor shall any written statement submitted by a

22  person in his or her request for departmental review under

23  this section be admissible into evidence against him or her in

24  any such trial.

25         (b)  The disposition of any related criminal

26  proceedings shall not affect a suspension for refusal to

27  submit to a blood, breath, or urine test, authorized by s.

28  316.1932 or s. 316.1933, imposed pursuant to this section.

29         (16)  The department shall invalidate a suspension for

30  driving with an unlawful blood-alcohol level imposed pursuant

31

                                  1

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






    Florida House of Representatives - 2000                 HB 113

    144-221A-00






  1  to this section if the suspended person is not convicted of an

  2  underlying violation of s. 316.193.

  3         Section 2.  This act shall take effect July 1, 2000.

  4

  5            *****************************************

  6                          HOUSE SUMMARY

  7
      Provides that the Department of Highway Safety and Motor
  8    Vehicles shall invalidate a suspension for driving with
      an unlawful blood-alcohol level imposed pursuant to s.
  9    322.2615, F.S., if the suspended person is not convicted
      of an underlying violation of s. 316.193, F.S.
10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  2