| 1 | A bill to be entitled |
| 2 | An act relating to drivers' licenses; amending s. |
| 3 | 322.2615, F.S.; providing that the disposition of a |
| 4 | related criminal proceeding may not affect a suspension of |
| 5 | a driver's license for refusal to submit to blood, breath, |
| 6 | or urine testing; directing the Department of Highway |
| 7 | Safety and Motor Vehicles to invalidate a suspension for |
| 8 | driving with an unlawful blood-alcohol level or breath- |
| 9 | alcohol level if the suspended person is found not guilty |
| 10 | at trial of the underlying violation of law; amending s. |
| 11 | 322.025, F.S.; authorizing the department to offer a once- |
| 12 | in-a-lifetime opportunity to attend a basic driver |
| 13 | improvement course for drivers who meet certain criteria; |
| 14 | requiring the department to deduct points from a driver's |
| 15 | record upon proof of completion of the basic driver |
| 16 | improvement course; requiring the department to record on |
| 17 | the driver's record that the offer of the improvement |
| 18 | course has been accepted and used; amending s. 318.1451, |
| 19 | F.S.; conforming provisions to changes made by the act; |
| 20 | providing an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Subsection (14) of section 322.2615, Florida |
| 25 | Statutes, is amended, and subsection (16) is added to that |
| 26 | section, to read: |
| 27 | 322.2615 Suspension of license; right to review.-- |
| 28 | (14)(a) The decision of the department under this section |
| 29 | may shall not be considered in any trial for a violation of s. |
| 30 | 316.193, and a nor shall any written statement submitted by a |
| 31 | person in his or her request for departmental review under this |
| 32 | section may not be admitted admissible into evidence against him |
| 33 | or her in any such trial. |
| 34 | (b) The disposition of any related criminal proceedings |
| 35 | does shall not affect a suspension for refusal to submit to a |
| 36 | blood, breath, or urine test, authorized by s. 316.1932 or s. |
| 37 | 316.1933, imposed under pursuant to this section. |
| 38 | (16) The department shall invalidate a suspension for |
| 39 | driving with an unlawful blood-alcohol level or breath-alcohol |
| 40 | level imposed under this section if the suspended person is |
| 41 | found not guilty at trial of an underlying violation of s. |
| 42 | 316.193. |
| 43 | Section 2. Section 322.025, Florida Statutes, is amended |
| 44 | to read: |
| 45 | 322.025 Driver improvement.-- |
| 46 | (1) The department may implement programs to improve the |
| 47 | driving ability of the drivers of this state. Such programs may |
| 48 | include, but are shall not be limited to, safety awareness |
| 49 | campaigns, driver training, and licensing improvement. |
| 50 | Motorcycle driver improvement programs implemented under |
| 51 | pursuant to this section or s. 322.0255 shall be funded by the |
| 52 | motorcycle safety education fee collected under pursuant to s. |
| 53 | 320.08(1)(c), which shall be deposited in the Highway Safety |
| 54 | Operating Trust Fund of the department and appropriated for that |
| 55 | purpose. |
| 56 | (2) The department may offer once during a driver's |
| 57 | lifetime to each driver who receives a points-warning letter |
| 58 | under s. 322.27(3)(f) or a restriction letter under s. 322.161 |
| 59 | the opportunity to attend a basic driver improvement course |
| 60 | approved by the department. If the driver completes an approved |
| 61 | course and presents proof of completion to the department, the |
| 62 | department shall deduct three points from the citation that |
| 63 | caused the action from the driver's record and permanently |
| 64 | record on the driver's record that the one-time offer has been |
| 65 | accepted and used. |
| 66 | Section 3. Subsection (4) of section 318.1451, Florida |
| 67 | Statutes, is amended to read: |
| 68 | 318.1451 Driver improvement schools.-- |
| 69 | (4) In addition to a regular course fee, an assessment fee |
| 70 | in the amount of $2.50 shall be collected by the school from |
| 71 | each person who elects to attend a course, as it relates to ss. |
| 72 | 318.14(9), 322.025(2), 322.0261, 322.291, and 627.06501, which |
| 73 | shall be remitted to the Department of Highway Safety and Motor |
| 74 | Vehicles and deposited in the Highway Safety Operating Trust |
| 75 | Fund to administer this program and to fund the general |
| 76 | operations of the department. |
| 77 | Section 4. This act shall take effect July 1, 2004. |