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. |