Senate Bill sb0766er

    ENROLLED

    2001 Legislature                                        SB 766



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  2         An act relating to driver's licenses; amending

  3         s. 322.28, F.S.; revising provisions relating

  4         to the penalty for a second or subsequent

  5         conviction for operating a vehicle under the

  6         influence; providing an effective date.

  7  

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

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10         Section 1.  Paragraph (a) of subsection (2) of section

11  322.28, Florida Statutes, is amended to read:

12         322.28  Period of suspension or revocation.--

13         (2)  In a prosecution for a violation of s. 316.193 or

14  former s. 316.1931, the following provisions apply:

15         (a)  Upon conviction of the driver, the court, along

16  with imposing sentence, shall revoke the driver's license or

17  driving privilege of the person so convicted, effective on the

18  date of conviction, and shall prescribe the period of such

19  revocation in accordance with the following provisions:

20         1.  Upon a first conviction for a violation of the

21  provisions of s. 316.193, except a violation resulting in

22  death, the driver's license or driving privilege shall be

23  revoked for not less than 180 days or more than 1 year.

24         2.  Upon a second conviction for an offense that occurs

25  within a period of 5 years after from the date of a prior

26  conviction for a violation of the provisions of s. 316.193 or

27  former s. 316.1931 or a combination of such sections, the

28  driver's license or driving privilege shall be revoked for not

29  less than 5 years.

30         3.  Upon a third conviction for an offense that occurs

31  within a period of 10 years after from the date of a prior


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




    ENROLLED

    2001 Legislature                                        SB 766



  1  conviction of the first of three or more convictions for the

  2  violation of the provisions of s. 316.193 or former s.

  3  316.1931 or a combination of such sections, the driver's

  4  license or driving privilege shall be revoked for not less

  5  than 10 years.

  6  

  7  For the purposes of this paragraph, a previous conviction

  8  outside this state for driving under the influence, driving

  9  while intoxicated, driving with an unlawful blood-alcohol

10  level, or any other alcohol-related or drug-related traffic

11  offense similar to the offense of driving under the influence

12  as proscribed by s. 316.193 will be considered a previous

13  conviction for violation of s. 316.193, and a conviction for

14  violation of former s. 316.028, former s. 316.1931, or former

15  s. 860.01 is considered a conviction for violation of s.

16  316.193.

17         Section 2.  This act shall take effect July 1, 2001.

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