Senate Bill sb1192c1
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Florida Senate - 2004 CS for SB 1192
By the Committee on Transportation; and Senator Wise
306-1680-04
1 A bill to be entitled
2 An act relating to drivers' licenses; amending
3 s. 322.2615, F.S.; providing that the
4 disposition of a related criminal proceeding
5 may not affect a suspension of a driver's
6 license for refusal to submit to blood, breath,
7 or urine testing; directing the Department of
8 Highway Safety and Motor Vehicles to invalidate
9 a suspension for driving with an unlawful
10 blood-alcohol level or breath-alcohol level if
11 the suspended person is found not guilty at
12 trial of the underlying violation of law;
13 amending s. 322.025, F.S; authorizing the
14 department to offer a once-in-a-lifetime
15 opportunity to attend a basic driver
16 improvement course for drivers who meet certain
17 criteria; requiring the department to deduct
18 points from a driver's record upon proof of
19 completion of the basic driver improvement
20 course; requiring the department to record on
21 the driver's record that the offer of the
22 improvement course has been accepted and used;
23 providing that this opportunity is not
24 available to any driver who has attended a
25 basic driver improvement course within the
26 previous 12 months; amending s. 318.1451, F.S.;
27 conforming provisions to changes made by the
28 act; providing an effective date.
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30 Be It Enacted by the Legislature of the State of Florida:
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Florida Senate - 2004 CS for SB 1192
306-1680-04
1 Section 1. Subsection (14) of section 322.2615,
2 Florida Statutes, is amended, and subsection (16) is added to
3 that section, to read:
4 322.2615 Suspension of license; right to review.--
5 (14)(a) The decision of the department under this
6 section may shall not be considered in any trial for a
7 violation of s. 316.193, and a nor shall any written statement
8 submitted by a person in his or her request for departmental
9 review under this section may not be admitted admissible into
10 evidence against him or her in any such trial.
11 (b) The disposition of any related criminal
12 proceedings does shall not affect a suspension for refusal to
13 submit to a blood, breath, or urine test, authorized by s.
14 316.1932 or s. 316.1933, imposed under pursuant to this
15 section.
16 (16) The department shall invalidate a suspension for
17 driving with an unlawful blood-alcohol level or breath-alcohol
18 level imposed under this section if the suspended person is
19 found not guilty at trial of an underlying violation of s.
20 316.193.
21 Section 2. Section 322.025, Florida Statutes, is
22 amended to read:
23 322.025 Driver improvement.--
24 (1) The department may implement programs to improve
25 the driving ability of the drivers of this state. Such
26 programs may include, but are shall not be limited to, safety
27 awareness campaigns, driver training, and licensing
28 improvement. Motorcycle driver improvement programs
29 implemented under pursuant to this section or s. 322.0255
30 shall be funded by the motorcycle safety education fee
31 collected under pursuant to s. 320.08(1)(c), which shall be
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Florida Senate - 2004 CS for SB 1192
306-1680-04
1 deposited in the Highway Safety Operating Trust Fund of the
2 department and appropriated for that purpose.
3 (2) The department may offer once during a driver's
4 lifetime to each driver who receives a points-warning letter
5 under s. 322.27(3)(f) or a restriction letter under s.
6 322.161, the opportunity to attend, within 60 days after the
7 date of such letter, a basic driver improvement course
8 approved by the department. If the driver completes an
9 approved course and presents proof of completion to the
10 department, the department shall deduct three points from the
11 citation that caused the action from the driver's record and
12 permanently record on the driver's record that the one-time
13 offer has been accepted and used. This election is not
14 available to any driver who has attended a basic driver
15 improvement course within the previous 12 months.
16 Section 3. Subsection (4) of section 318.1451, Florida
17 Statutes, is amended to read:
18 318.1451 Driver improvement schools.--
19 (4) In addition to a regular course fee, an assessment
20 fee in the amount of $2.50 shall be collected by the school
21 from each person who elects to attend a course, as it relates
22 to ss. 318.14(9), 322.025(2), 322.0261, 322.291, and
23 627.06501, which shall be remitted to the Department of
24 Highway Safety and Motor Vehicles and deposited in the Highway
25 Safety Operating Trust Fund to administer this program and to
26 fund the general operations of the department.
27 Section 4. This act shall take effect July 1, 2004.
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Florida Senate - 2004 CS for SB 1192
306-1680-04
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1192
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4 The CS clarifies the driver who receives a points-warning
letter or restriction letter and is offered the opportunity to
5 attend a basic driver improvement course must attend a course
within 60 days after the date of such letter. The CS provides
6 this election is not available to any driver who has attended
a basic driver improvement course within the previous 12
7 months.
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