HB 1455

1
A bill to be entitled
2An act relating to drivers' licenses; amending s.
3322.2615, F.S.; providing that the disposition of a
4related criminal proceeding may not affect a suspension of
5a driver's license for refusal to submit to blood, breath,
6or urine testing; directing the Department of Highway
7Safety and Motor Vehicles to invalidate a suspension for
8driving with an unlawful blood-alcohol level or breath-
9alcohol level if the suspended person is found not guilty
10at trial of the underlying violation of law; amending s.
11322.025, F.S.; authorizing the department to offer a once-
12in-a-lifetime opportunity to attend a basic driver
13improvement course for drivers who meet certain criteria;
14requiring the department to deduct points from a driver's
15record upon proof of completion of the basic driver
16improvement course; requiring the department to record on
17the driver's record that the offer of the improvement
18course has been accepted and used; amending s. 318.1451,
19F.S.; conforming provisions to changes made by the act;
20providing an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Subsection (14) of section 322.2615, Florida
25Statutes, is amended, and subsection (16) is added to that
26section, to read:
27     322.2615  Suspension of license; right to review.--
28     (14)(a)  The decision of the department under this section
29may shall not be considered in any trial for a violation of s.
30316.193, and a nor shall any written statement submitted by a
31person in his or her request for departmental review under this
32section may not be admitted admissible into evidence against him
33or her in any such trial.
34     (b)  The disposition of any related criminal proceedings
35does shall not affect a suspension for refusal to submit to a
36blood, breath, or urine test, authorized by s. 316.1932 or s.
37316.1933, imposed under pursuant to this section.
38     (16)  The department shall invalidate a suspension for
39driving with an unlawful blood-alcohol level or breath-alcohol
40level imposed under this section if the suspended person is
41found not guilty at trial of an underlying violation of s.
42316.193.
43     Section 2.  Section 322.025, Florida Statutes, is amended
44to read:
45     322.025  Driver improvement.--
46     (1)  The department may implement programs to improve the
47driving ability of the drivers of this state.  Such programs may
48include, but are shall not be limited to, safety awareness
49campaigns, driver training, and licensing improvement.  
50Motorcycle driver improvement programs implemented under
51pursuant to this section or s. 322.0255 shall be funded by the
52motorcycle safety education fee collected under pursuant to s.
53320.08(1)(c), which shall be deposited in the Highway Safety
54Operating Trust Fund of the department and appropriated for that
55purpose.
56     (2)  The department may offer once during a driver's
57lifetime to each driver who receives a points-warning letter
58under s. 322.27(3)(f) or a restriction letter under s. 322.161
59the opportunity to attend a basic driver improvement course
60approved by the department. If the driver completes an approved
61course and presents proof of completion to the department, the
62department shall deduct three points from the citation that
63caused the action from the driver's record and permanently
64record on the driver's record that the one-time offer has been
65accepted and used.
66     Section 3.  Subsection (4) of section 318.1451, Florida
67Statutes, is amended to read:
68     318.1451  Driver improvement schools.--
69     (4)  In addition to a regular course fee, an assessment fee
70in the amount of $2.50 shall be collected by the school from
71each person who elects to attend a course, as it relates to ss.
72318.14(9), 322.025(2), 322.0261, 322.291, and 627.06501, which
73shall be remitted to the Department of Highway Safety and Motor
74Vehicles and deposited in the Highway Safety Operating Trust
75Fund to administer this program and to fund the general
76operations of the department.
77     Section 4.  This act shall take effect July 1, 2004.


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