Senate Bill 1276c1

    Florida Senate - 2000                           CS for SB 1276

    By the Committee on Criminal Justice and Senator Hargrett





    307-2027-00

  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 or breath-alcohol level

11         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)  Effective October 1, 2000, the department shall

31  invalidate a suspension for driving with an unlawful

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






    Florida Senate - 2000                           CS for SB 1276
    307-2027-00




  1  blood-alcohol level or unlawful breath-alcohol level imposed

  2  pursuant to this section if the suspended person is found not

  3  guilty in a trial for the underlying violation of s. 316.193,

  4  but a suspension shall not be invalidated if the case is

  5  dismissed by the court, nolle prossed, or adjudication is

  6  withheld.

  7         Section 2.  This act shall take effect October 1, 2000.

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  9          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
10                         Senate Bill 1276

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12  Provides that a license suspension shall not be invalidated if
    the DUI case is dismissed by the court, nolle prossed, or
13  adjudication of guilt is withheld.

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