Senate Bill 0066

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



    Florida Senate - 2000                                    SB 66

    By Senator Dyer





    14-128-00                                               See HB

  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 Senate - 2000                                    SB 66
    14-128-00                                               See HB




  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 the

31  driver has completed a substance-abuse course offered by a DUI

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






    Florida Senate - 2000                                    SB 66
    14-128-00                                               See HB




  1  program licensed by the department, and the agency conducting

  2  the course may refer the driver to an authorized service

  3  provider for substance-abuse evaluation and treatment.  The

  4  driver 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  treatment under this subsection fails to report for or

  9  complete such treatment or fails to complete the

10  substance-abuse-education course, the driver's license shall

11  not be reinstated by the department.  The organization that

12  conducts the substance-abuse education and evaluation may not

13  provide required substance-abuse treatment unless a waiver has

14  been granted to that organization by the department.  A waiver

15  may be granted only if the department determines, in

16  accordance with department rules, that the service provider

17  that conducts the substance-abuse education and evaluation is

18  the most appropriate service provider and is licensed under

19  chapter 397 or is exempt from such licensure requirement.

20         (d)  A minor under the age of 18 years found 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 agent 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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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                    SB 66
    14-128-00                                               See HB




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  2                       LEGISLATIVE SUMMARY

  3
      Revises a provision of law governing driver license
  4    suspensions in cases of substance abuse to provide that
      such suspensions shall remain in effect until such time
  5    as the driver has completed a substance abuse course and
      that the agency conducting the course may also refer the
  6    driver to an authorized service provider for substance
      abuse evaluation and treatment.  Provides that the driver
  7    shall assume the reasonable costs for such education,
      evaluation, and treatment.  Provides that a minor under
  8    18 years of age found to be driving with a blood-alcohol
      or breath-alcohol level of 0.02 or higher may be taken by
  9    a law enforcement officer to the addictions receiving
      facility in the county where the offense occurs if the
10    county makes the facility available for such purpose.
      (See bill for details.)
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