House Bill 0113c2

    Florida House of Representatives - 2000           CS/CS/HB 113

        By the Committees on Judiciary, Transportation and
    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 or breath-alcohol

11         level under certain circumstances; providing an

12         effective date.

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

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

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

18  said section, to read:

19         322.2615  Suspension of license; right to review.--

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

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

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

23  person in his or her request for departmental review under

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

25  any such trial.

26         (b)  The disposition of any related criminal

27  proceedings shall not affect a suspension for refusal to

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

29  316.1932 or s. 316.1933, imposed pursuant to this section.

30         (16)  The department shall invalidate a suspension for

31  driving with an unlawful blood-alcohol level or breath-alcohol

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






    Florida House of Representatives - 2000           CS/CS/HB 113

    687-130-00






  1  level imposed pursuant to this section if the suspended person

  2  is found not guilty at trial of an underlying violation of s.

  3  316.193 or if the case is dismissed or nolle prossed.

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

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