House Bill 0049c1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 49
By the Committee on Judiciary and Representative Brummer
1 A bill to be entitled
2 An act relating to driving under the influence;
3 amending s. 322.2616, F.S.; providing for the
4 requirement that certain license suspensions
5 shall remain in effect for a described time
6 period; providing for the assumption of the
7 costs for substance abuse education,
8 evaluation, and treatment; providing a
9 definition; providing for the admission of
10 certain minors into county addictions receiving
11 facilities under certain circumstances;
12 providing an 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 (2) of section 322.2616, Florida
17 Statutes, is amended to read:
18 322.2616 Suspension of license; persons under 21 years
19 of age; right to review.--
20 (2)(a) A law enforcement officer or correctional
21 officer shall, on behalf of the department, suspend the
22 driving privilege of such person if the person has a
23 blood-alcohol or breath-alcohol level of 0.02 percent or
24 higher. The officer shall also suspend, on behalf of the
25 department, the driving privilege of a person who has refused
26 to submit to a test as provided by paragraph (b). The officer
27 shall take the person's driver's license and issue the person
28 a 10-day temporary driving permit if the person is otherwise
29 eligible for the driving privilege and shall issue the person
30 a notice of suspension.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 49
687-120A-00
1 (b) The suspension under paragraph (a) must be
2 pursuant to, and the notice of suspension must inform the
3 driver of, the following:
4 1.a. The driver refused to submit to a lawful breath
5 test and his or her driving privilege is suspended for a
6 period of 1 year for a first refusal or for a period of 18
7 months if his or her driving privilege has been previously
8 suspended as provided in this section as a result of a refusal
9 to submit to a test; or
10 b. The driver was under the age of 21 and was driving
11 or in actual physical control of a motor vehicle while having
12 a blood-alcohol or breath-alcohol level of 0.02 percent or
13 higher; and the person's driving privilege is suspended for a
14 period of 6 months for a first violation, or for a period of 1
15 year if his or her driving privilege has been previously
16 suspended as provided in this section for driving or being in
17 actual physical control of a motor vehicle with a
18 blood-alcohol or breath-alcohol level of 0.02 percent or
19 higher.
20 2. The suspension period commences on the date of
21 issuance of the notice of suspension.
22 3. The driver may request a formal or informal review
23 of the suspension by the department within 10 days after the
24 issuance of the notice of suspension.
25 4. A temporary permit issued at the time of the
26 issuance of the notice of suspension will expire at midnight
27 of the 10th day following the date of issuance.
28 5. The driver may submit to the department any
29 materials relevant to the suspension of his or her license.
30 (c) The suspension shall remain in effect until such
31 time as the driver has completed a substance abuse course
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HB 49
687-120A-00
1 offered by a DUI program licensed by the department. The
2 program may refer the driver to an authorized service provider
3 for substance abuse evaluation and treatment. The driver
4 shall assume the reasonable costs for such education,
5 evaluation, and treatment. The term "substance abuse" means
6 the abuse of alcohol or any substance named or described in
7 Schedules I through V of s. 893.03. If a driver referred to
8 substance abuse evaluation and treatment under this subsection
9 fails to report for or complete such evaluation and treatment
10 or fails to complete the substance abuse education course, the
11 driver's license shall not be reinstated by the department.
12 The service provider that conducts the substance abuse
13 education course may not provide required substance abuse
14 evaluation and treatment unless a waiver has been granted to
15 that service provider by the department. A waiver may be
16 granted only if the department determines, in accordance with
17 department rules, that the service provider is the most
18 appropriate service provider and is licensed under chapter 397
19 or is exempt from such licensure requirement.
20 (d) A minor under the age of 18 years proven to be
21 driving with a blood-alcohol or breath-alcohol level of 0.02
22 or higher may be taken by a law enforcement officer to the
23 addictions receiving facility in the county in which the minor
24 is found to be so driving, if the county makes the addictions
25 receiving facility available for such purpose.
26 Section 2. This act shall take effect July 1, 2000.
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