House Bill hb0211

    Florida House of Representatives - 2002                 HB 211

        By Representative Detert






  1                      A bill to be entitled

  2         An act relating to drivers' licenses; amending

  3         s. 322.271, F.S.; authorizing certain persons

  4         who have had a driver's license permanently

  5         revoked because of four convictions for DUI to

  6         petition the Department of Highway Safety and

  7         Motor Vehicles for reinstatement of driving

  8         privileges under certain circumstances;

  9         providing an effective date.

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

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13         Section 1.  Subsection (4) of section 322.271, Florida

14  Statutes, is amended to read:

15         322.271  Authority to modify revocation, cancellation,

16  or suspension order.--

17         (4)  Notwithstanding the provisions of s. 322.28(2)(e),

18  a person whose driving privilege has been permanently revoked

19  because he or she has been convicted four times of violating

20  s. 316.193 or former s. 316.1931 or because he or she has been

21  convicted of DUI manslaughter in violation of s. 316.193 and

22  has no prior convictions for DUI-related offenses may, upon

23  the expiration of 5 years after the date of such revocation or

24  the expiration of 5 years after the termination of any term of

25  incarceration under s. 316.193 or former s. 316.1931,

26  whichever date is later, petition the department for

27  reinstatement of his or her driving privilege.

28         (a)  Within 30 days after the receipt of such a

29  petition, the department shall afford the petitioner an

30  opportunity for a hearing.  At the hearing, the petitioner

31  must demonstrate to the department that he or she:

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    Florida House of Representatives - 2002                 HB 211

    724-127-02






  1         1.  Has not been arrested for a drug-related offense

  2  during the 5 years preceding the filing of the petition;

  3         2.  Has not driven a motor vehicle without a license

  4  for at least 5 years prior to the hearing;

  5         3.  Has been drug-free for at least 5 years prior to

  6  the hearing; and

  7         4.  Has completed a DUI program licensed by the

  8  department.

  9         (b)  At such hearing, the department shall determine

10  the petitioner's qualification, fitness, and need to drive.

11  Upon such determination, the department may, in its

12  discretion, reinstate the driver's license of the petitioner.

13  Such reinstatement must be made subject to the following

14  qualifications:

15         1.  The license must be restricted for employment

16  purposes for not less than 1 year; and

17         2.  Such person must be supervised by a DUI program

18  licensed by the department and report to the program for such

19  supervision and education at least four times a year or

20  additionally as required by the program for the remainder of

21  the revocation period.  Such supervision shall include

22  evaluation, education, referral into treatment, and other

23  activities required by the department.

24         (c)  Such person must assume the reasonable costs of

25  supervision.  If such person fails to comply with the required

26  supervision, the program shall report the failure to the

27  department, and the department shall cancel such person's

28  driving privilege.

29         (d)  If, after reinstatement, such person is convicted

30  of an offense for which mandatory revocation of his or her

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    Florida House of Representatives - 2002                 HB 211

    724-127-02






  1  license is required, the department shall revoke his or her

  2  driving privilege.

  3         (e)  The department shall adopt rules regulating the

  4  providing of services by DUI programs pursuant to this

  5  section.

  6         (5)  A person may not be issued a commercial driver's

  7  license during a period in which such person is disqualified

  8  from operating commercial motor vehicles or in which the

  9  driving privilege of such person is suspended, revoked, or

10  canceled.

11         Section 2.  This act shall take effect July 1, 2002.

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14                          HOUSE SUMMARY

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      Authorize persons who have had their drivers' licenses
16    permanently revoked because of four convictions for DUI
      to petition the Department of Highway Safety and Motor
17    Vehicles for reinstatement of their driving privileges
      under described circumstances. See bill for details.
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CODING: Words stricken are deletions; words underlined are additions.