Senate Bill sb2030

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2030

    By Senator Smith





    14-1602-04                                          See HB 307

  1                      A bill to be entitled

  2         An act relating to driving or boating under the

  3         influence; amending s. 316.193, F.S.; revising

  4         level of alcohol content in blood or breath at

  5         which certain penalties shall apply for the

  6         offense of driving under the influence;

  7         amending s. 316.656, F.S.; revising level of

  8         alcohol content in blood or breath at which the

  9         prohibition against accepting plea to lesser

10         offense shall apply; amending s. 327.35, F.S.;

11         revising level of alcohol content in blood or

12         breath at which certain penalties shall apply

13         for the offense of boating under the influence;

14         reenacting ss. 316.066(3)(a), 316.072(4)(b),

15         316.1932(3), 316.1933(4), 316.1934(1) and (4),

16         316.1937(1) and (2)(d), 316.1939(1)(b),

17         318.143(4) and (5), 318.17(3), 322.03(2),

18         322.0602(2)(a), 322.21(8), 322.25(5),

19         322.26(1)(a), 322.2615(1), (2), (7), (8)(b),

20         (10)(b), and (14), 322.2616(1)(a), (15), and

21         (19), 322.264(1)(b), 322.271(2)(a), (2)(c), and

22         (4), 322.28(2), 322.282(2)(a), 322.291(1)(a),

23         322.34(9)(a), 322.44, 322.62(3), 322.63(2)(d)

24         and (6), 322.64(1), (2), (7)(a), (8)(b), (14),

25         and (15), 323.001(4)(f), 327.35(6),

26         397.405(10), 440.02(17)(c), 440.09(7)(b),

27         493.6106(1)(d), 627.758(4), 790.06(2)(f) and

28         (10)(f), 903.36(2), 907.041(4)(c), 938.07,

29         938.21, 938.23(1), 943.05(2)(d), 948.03(8)(b),

30         and 960.03(3)(b), F.S.; incorporating the

31         amendment to s. 316.193, F.S., in references

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1         thereto; reenacting ss. 327.352(3),

 2         327.35215(1) and (2), 327.353(4), 327.354(1)

 3         and (4), 327.355(1)(a) and (4), 327.359(2),

 4         327.36, and 938.07, F.S.; incorporating the

 5         amendment to s. 327.35, F.S., in references

 6         thereto; providing an effective date.

 7  

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

 9  

10         Section 1.  Subsection (4) of section 316.193, Florida

11  Statutes, is amended to read:

12         316.193  Driving under the influence; penalties.--

13         (1)  A person is guilty of the offense of driving under

14  the influence and is subject to punishment as provided in

15  subsection (2) if the person is driving or in actual physical

16  control of a vehicle within this state and:

17         (a)  The person is under the influence of alcoholic

18  beverages, any chemical substance set forth in s. 877.111, or

19  any substance controlled under chapter 893, when affected to

20  the extent that the person's normal faculties are impaired;

21         (b)  The person has a blood-alcohol level of 0.08 or

22  more grams of alcohol per 100 milliliters of blood; or

23         (c)  The person has a breath-alcohol level of 0.08 or

24  more grams of alcohol per 210 liters of breath.

25         (2)(a)  Except as provided in paragraph (b), subsection

26  (3), or subsection (4), any person who is convicted of a

27  violation of subsection (1) shall be punished:

28         1.  By a fine of:

29         a.  Not less than $250 or more than $500 for a first

30  conviction.

31  

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1         b.  Not less than $500 or more than $1,000 for a second

 2  conviction; and

 3         2.  By imprisonment for:

 4         a.  Not more than 6 months for a first conviction.

 5         b.  Not more than 9 months for a second conviction.

 6         3.  For a second conviction, by mandatory placement for

 7  a period of at least 1 year, at the convicted person's sole

 8  expense, of an ignition interlock device approved by the

 9  department in accordance with s. 316.1938 upon all vehicles

10  that are individually or jointly leased or owned and routinely

11  operated by the convicted person, when the convicted person

12  qualifies for a permanent or restricted license. The

13  installation of such device may not occur before July 1, 2003.

14         (b)1.  Any person who is convicted of a third violation

15  of this section for an offense that occurs within 10 years

16  after a prior conviction for a violation of this section

17  commits a felony of the third degree, punishable as provided

18  in s. 775.082, s. 775.083, or s. 775.084. In addition, the

19  court shall order the mandatory placement for a period of not

20  less than 2 years, at the convicted person's sole expense, of

21  an ignition interlock device approved by the department in

22  accordance with s. 316.1938 upon all vehicles that are

23  individually or jointly leased or owned and routinely operated

24  by the convicted person, when the convicted person qualifies

25  for a permanent or restricted license. The installation of

26  such device may not occur before July 1, 2003.

27         2.  Any person who is convicted of a third violation of

28  this section for an offense that occurs more than 10 years

29  after the date of a prior conviction for a violation of this

30  section shall be punished by a fine of not less than $1,000 or

31  more than $2,500 and by imprisonment for not more than 12

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  months. In addition, the court shall order the mandatory

 2  placement for a period of at least 2 years, at the convicted

 3  person's sole expense, of an ignition interlock device

 4  approved by the department in accordance with s. 316.1938 upon

 5  all vehicles that are individually or jointly leased or owned

 6  and routinely operated by the convicted person, when the

 7  convicted person qualifies for a permanent or restricted

 8  license. The installation of such device may not occur before

 9  July 1, 2003.

10         3.  Any person who is convicted of a fourth or

11  subsequent violation of this section, regardless of when any

12  prior conviction for a violation of this section occurred,

13  commits a felony of the third degree, punishable as provided

14  in s. 775.082, s. 775.083, or s. 775.084. However, the fine

15  imposed for such fourth or subsequent violation may be not

16  less than $1,000.

17         (3)  Any person:

18         (a)  Who is in violation of subsection (1);

19         (b)  Who operates a vehicle; and

20         (c)  Who, by reason of such operation, causes or

21  contributes to causing:

22         1.  Damage to the property or person of another commits

23  a misdemeanor of the first degree, punishable as provided in

24  s. 775.082 or s. 775.083.

25         2.  Serious bodily injury to another, as defined in s.

26  316.1933, commits a felony of the third degree, punishable as

27  provided in s. 775.082, s. 775.083, or s. 775.084.

28         3.  The death of any human being commits DUI

29  manslaughter, and commits:

30         a.  A felony of the second degree, punishable as

31  provided in s. 775.082, s. 775.083, or s. 775.084.

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1         b.  A felony of the first degree, punishable as

 2  provided in s. 775.082, s. 775.083, or s. 775.084, if:

 3         (I)  At the time of the crash, the person knew, or

 4  should have known, that the crash occurred; and

 5         (II)  The person failed to give information and render

 6  aid as required by s. 316.062.

 7         (4)(a)  Any person who is convicted of a violation of

 8  subsection (1) and who has a blood-alcohol level or

 9  breath-alcohol level of 0.16 0.20 or higher, or any person who

10  is convicted of a violation of subsection (1) and who at the

11  time of the offense was accompanied in the vehicle by a person

12  under the age of 18 years, shall be punished:

13         1.(a)  By a fine of:

14         a.1.  Not less than $500 or more than $1,000 for a

15  first conviction.

16         b.2.  Not less than $1,000 or more than $2,000 for a

17  second conviction.

18         c.3.  Not less than $2,000 for a third or subsequent

19  conviction.

20         2.(b)  By imprisonment for:

21         a.1.  Not more than 9 months for a first conviction.

22         b.2.  Not more than 12 months for a second conviction.

23  

24  For the purposes of this subsection, only the instant offense

25  is required to be a violation of subsection (1) by a person

26  who has a blood-alcohol level or breath-alcohol level of 0.20

27  or higher.

28         (b)(c)  In addition to the penalties in paragraph

29  paragraphs (a) and (b), the court shall order the mandatory

30  placement, at the convicted person's sole expense, of an

31  ignition interlock device approved by the department in

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  accordance with s. 316.1938 upon all vehicles that are

 2  individually or jointly leased or owned and routinely operated

 3  by the convicted person for up to 6 months for the first

 4  offense and for at least 2 years for a second offense, when

 5  the convicted person qualifies for a permanent or restricted

 6  license. The installation of such device may not occur before

 7  July 1, 2003.

 8  

 9  For the purposes of this subsection, only the instant offense

10  is required to be a violation of subsection (1) by a person

11  who has a blood-alcohol level or breath-alcohol level of 0.16

12  or higher.

13         (5)  The court shall place all offenders convicted of

14  violating this section on monthly reporting probation and

15  shall require completion of a substance abuse course conducted

16  by a DUI program licensed by the department under s. 322.292,

17  which must include a psychosocial evaluation of the offender.

18  If the DUI program refers the offender to an authorized

19  substance abuse treatment provider for substance abuse

20  treatment, in addition to any sentence or fine imposed under

21  this section, completion of all such education, evaluation,

22  and treatment is a condition of reporting probation. The

23  offender shall assume reasonable costs for such education,

24  evaluation, and treatment. The referral to treatment resulting

25  from a psychosocial evaluation shall not be waived without a

26  supporting independent psychosocial evaluation conducted by an

27  authorized substance abuse treatment provider appointed by the

28  court, which shall have access to the DUI program's

29  psychosocial evaluation before the independent psychosocial

30  evaluation is conducted. The court shall review the results

31  and recommendations of both evaluations before determining the

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  request for waiver. The offender shall bear the full cost of

 2  this procedure. The term "substance abuse" means the abuse of

 3  alcohol or any substance named or described in Schedules I

 4  through V of s. 893.03. If an offender referred to treatment

 5  under this subsection fails to report for or complete such

 6  treatment or fails to complete the DUI program substance abuse

 7  education course and evaluation, the DUI program shall notify

 8  the court and the department of the failure. Upon receipt of

 9  the notice, the department shall cancel the offender's driving

10  privilege, notwithstanding the terms of the court order or any

11  suspension or revocation of the driving privilege. The

12  department may temporarily reinstate the driving privilege on

13  a restricted basis upon verification from the DUI program that

14  the offender is currently participating in treatment and the

15  DUI education course and evaluation requirement has been

16  completed. If the DUI program notifies the department of the

17  second failure to complete treatment, the department shall

18  reinstate the driving privilege only after notice of

19  completion of treatment from the DUI program. The organization

20  that conducts the substance abuse education and evaluation may

21  not provide required substance abuse treatment unless a waiver

22  has been granted to that organization by the department. A

23  waiver may be granted only if the department determines, in

24  accordance with its rules, that the service provider that

25  conducts the substance abuse education and evaluation is the

26  most appropriate service provider and is licensed under

27  chapter 397 or is exempt from such licensure. A statistical

28  referral report shall be submitted quarterly to the department

29  by each organization authorized to provide services under this

30  section.

31  

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1         (6)  With respect to any person convicted of a

 2  violation of subsection (1), regardless of any penalty imposed

 3  pursuant to subsection (2), subsection (3), or subsection (4):

 4         (a)  For the first conviction, the court shall place

 5  the defendant on probation for a period not to exceed 1 year

 6  and, as a condition of such probation, shall order the

 7  defendant to participate in public service or a community work

 8  project for a minimum of 50 hours; or the court may order

 9  instead, that any defendant pay an additional fine of $10 for

10  each hour of public service or community work otherwise

11  required, if, after consideration of the residence or location

12  of the defendant at the time public service or community work

13  is required, payment of the fine is in the best interests of

14  the state. However, the total period of probation and

15  incarceration may not exceed 1 year. The court must also, as a

16  condition of probation, order the impoundment or

17  immobilization of the vehicle that was operated by or in the

18  actual control of the defendant or any one vehicle registered

19  in the defendant's name at the time of impoundment or

20  immobilization, for a period of 10 days or for the unexpired

21  term of any lease or rental agreement that expires within 10

22  days. The impoundment or immobilization must not occur

23  concurrently with the incarceration of the defendant. The

24  impoundment or immobilization order may be dismissed in

25  accordance with paragraph (e), paragraph (f), paragraph (g),

26  or paragraph (h).

27         (b)  For the second conviction for an offense that

28  occurs within a period of 5 years after the date of a prior

29  conviction for violation of this section, the court shall

30  order imprisonment for not less than 10 days. The court must

31  also, as a condition of probation, order the impoundment or

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  immobilization of all vehicles owned by the defendant at the

 2  time of impoundment or immobilization, for a period of 30 days

 3  or for the unexpired term of any lease or rental agreement

 4  that expires within 30 days. The impoundment or immobilization

 5  must not occur concurrently with the incarceration of the

 6  defendant and must occur concurrently with the driver's

 7  license revocation imposed under s. 322.28(2)(a)2. The

 8  impoundment or immobilization order may be dismissed in

 9  accordance with paragraph (e), paragraph (f), paragraph (g),

10  or paragraph (h). At least 48 hours of confinement must be

11  consecutive.

12         (c)  For the third or subsequent conviction for an

13  offense that occurs within a period of 10 years after the date

14  of a prior conviction for violation of this section, the court

15  shall order imprisonment for not less than 30 days. The court

16  must also, as a condition of probation, order the impoundment

17  or immobilization of all vehicles owned by the defendant at

18  the time of impoundment or immobilization, for a period of 90

19  days or for the unexpired term of any lease or rental

20  agreement that expires within 90 days. The impoundment or

21  immobilization must not occur concurrently with the

22  incarceration of the defendant and must occur concurrently

23  with the driver's license revocation imposed under s.

24  322.28(2)(a)3. The impoundment or immobilization order may be

25  dismissed in accordance with paragraph (e), paragraph (f),

26  paragraph (g), or paragraph (h). At least 48 hours of

27  confinement must be consecutive.

28         (d)  The court must at the time of sentencing the

29  defendant issue an order for the impoundment or immobilization

30  of a vehicle. Within 7 business days after the date that the

31  court issues the order of impoundment or immobilization, the

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  clerk of the court must send notice by certified mail, return

 2  receipt requested, to the registered owner of each vehicle, if

 3  the registered owner is a person other than the defendant, and

 4  to each person of record claiming a lien against the vehicle.

 5         (e)  A person who owns but was not operating the

 6  vehicle when the offense occurred may submit to the court a

 7  police report indicating that the vehicle was stolen at the

 8  time of the offense or documentation of having purchased the

 9  vehicle after the offense was committed from an entity other

10  than the defendant or the defendant's agent. If the court

11  finds that the vehicle was stolen or that the sale was not

12  made to circumvent the order and allow the defendant continued

13  access to the vehicle, the order must be dismissed and the

14  owner of the vehicle will incur no costs. If the court denies

15  the request to dismiss the order of impoundment or

16  immobilization, the petitioner may request an evidentiary

17  hearing.

18         (f)  A person who owns but was not operating the

19  vehicle when the offense occurred, and whose vehicle was

20  stolen or who purchased the vehicle after the offense was

21  committed directly from the defendant or the defendant's

22  agent, may request an evidentiary hearing to determine whether

23  the impoundment or immobilization should occur. If the court

24  finds that either the vehicle was stolen or the purchase was

25  made without knowledge of the offense, that the purchaser had

26  no relationship to the defendant other than through the

27  transaction, and that such purchase would not circumvent the

28  order and allow the defendant continued access to the vehicle,

29  the order must be dismissed and the owner of the vehicle will

30  incur no costs.

31  

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1         (g)  The court shall also dismiss the order of

 2  impoundment or immobilization of the vehicle if the court

 3  finds that the family of the owner of the vehicle has no other

 4  private or public means of transportation.

 5         (h)  The court may also dismiss the order of

 6  impoundment or immobilization of any vehicles that are owned

 7  by the defendant but that are operated solely by the employees

 8  of the defendant or any business owned by the defendant.

 9         (i)  All costs and fees for the impoundment or

10  immobilization, including the cost of notification, must be

11  paid by the owner of the vehicle or, if the vehicle is leased

12  or rented, by the person leasing or renting the vehicle,

13  unless the impoundment or immobilization order is dismissed.

14  All provisions of s. 713.78 shall apply.

15         (j)  The person who owns a vehicle that is impounded or

16  immobilized under this paragraph, or a person who has a lien

17  of record against such a vehicle and who has not requested a

18  review of the impoundment pursuant to paragraph (e), paragraph

19  (f), or paragraph (g), may, within 10 days after the date that

20  person has knowledge of the location of the vehicle, file a

21  complaint in the county in which the owner resides to

22  determine whether the vehicle was wrongfully taken or withheld

23  from the owner or lienholder. Upon the filing of a complaint,

24  the owner or lienholder may have the vehicle released by

25  posting with the court a bond or other adequate security equal

26  to the amount of the costs and fees for impoundment or

27  immobilization, including towing or storage, to ensure the

28  payment of such costs and fees if the owner or lienholder does

29  not prevail. When the bond is posted and the fee is paid as

30  set forth in s. 28.24, the clerk of the court shall issue a

31  certificate releasing the vehicle. At the time of release,

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  after reasonable inspection, the owner or lienholder must give

 2  a receipt to the towing or storage company indicating any loss

 3  or damage to the vehicle or to the contents of the vehicle.

 4         (k)  A defendant, in the court's discretion, may be

 5  required to serve all or any portion of a term of imprisonment

 6  to which the defendant has been sentenced pursuant to this

 7  section in a residential alcoholism treatment program or a

 8  residential drug abuse treatment program. Any time spent in

 9  such a program must be credited by the court toward the term

10  of imprisonment.

11  

12  For the purposes of this section, any conviction for a

13  violation of s. 327.35; a previous conviction for the

14  violation of former s. 316.1931, former s. 860.01, or former

15  s. 316.028; or a previous conviction outside this state for

16  driving under the influence, driving while intoxicated,

17  driving with an unlawful blood-alcohol level, driving with an

18  unlawful breath-alcohol level, or any other similar

19  alcohol-related or drug-related traffic offense, is also

20  considered a previous conviction for violation of this

21  section. However, in satisfaction of the fine imposed pursuant

22  to this section, the court may, upon a finding that the

23  defendant is financially unable to pay either all or part of

24  the fine, order that the defendant participate for a specified

25  additional period of time in public service or a community

26  work project in lieu of payment of that portion of the fine

27  which the court determines the defendant is unable to pay. In

28  determining such additional sentence, the court shall consider

29  the amount of the unpaid portion of the fine and the

30  reasonable value of the services to be ordered; however, the

31  court may not compute the reasonable value of services at a

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  rate less than the federal minimum wage at the time of

 2  sentencing.

 3         (7)  A conviction under this section does not bar any

 4  civil suit for damages against the person so convicted.

 5         (8)  At the arraignment, or in conjunction with any

 6  notice of arraignment provided by the clerk of the court, the

 7  clerk shall provide any person charged with a violation of

 8  this section with notice that upon conviction the court shall

 9  suspend or revoke the offender's driver's license and that the

10  offender should make arrangements for transportation at any

11  proceeding in which the court may take such action. Failure to

12  provide such notice does not affect the court's suspension or

13  revocation of the offender's driver's license.

14         (9)  A person who is arrested for a violation of this

15  section may not be released from custody:

16         (a)  Until the person is no longer under the influence

17  of alcoholic beverages, any chemical substance set forth in s.

18  877.111, or any substance controlled under chapter 893 and

19  affected to the extent that his or her normal faculties are

20  impaired;

21         (b)  Until the person's blood-alcohol level or

22  breath-alcohol level is less than 0.05; or

23         (c)  Until 8 hours have elapsed from the time the

24  person was arrested.

25         (10)  The rulings of the Department of Highway Safety

26  and Motor Vehicles under s. 322.2615 shall not be considered

27  in any trial for a violation of this section. Testimony or

28  evidence from the administrative proceedings or any written

29  statement submitted by a person in his or her request for

30  administrative review is inadmissible into evidence or for any

31  other purpose in any criminal proceeding, unless timely

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  disclosed in criminal discovery pursuant to Rule 3.220,

 2  Florida Rules of Criminal Procedure.

 3         (11)  The Department of Highway Safety and Motor

 4  Vehicles is directed to adopt rules providing for the

 5  implementation of the use of ignition interlock devices.

 6         Section 2.  Subsection (2) of section 316.656, Florida

 7  Statutes, is amended to read:

 8         316.656  Mandatory adjudication; prohibition against

 9  accepting plea to lesser included offense.--

10         (1)  Notwithstanding the provisions of s. 948.01, no

11  court may suspend, defer, or withhold adjudication of guilt or

12  imposition of sentence for any violation of s. 316.193, for

13  manslaughter resulting from the operation of a motor vehicle,

14  or for vehicular homicide.

15         (2)(a)  No trial judge may accept a plea of guilty to a

16  lesser offense from a person charged under the provisions of

17  this act who has been given a breath or blood test to

18  determine blood or breath alcohol content, the results of

19  which show a blood or breath alcohol content by weight of 0.16

20  0.20 percent or more.

21         (b)  No trial judge may accept a plea of guilty to a

22  lesser offense from a person charged with a violation of s.

23  316.193(3), manslaughter resulting from the operation of a

24  motor vehicle, or vehicular homicide.

25         Section 3.  Subsection (4) of section 327.35, Florida

26  Statutes, is amended to read:

27         327.35  Boating under the influence; penalties;

28  "designated drivers".--

29         (4)  Any person who is convicted of a violation of

30  subsection (1) and who has a blood-alcohol level or

31  breath-alcohol level of 0.16 0.20 or higher, or any person who

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  is convicted of a violation of subsection (1) and who at the

 2  time of the offense was accompanied in the vessel by a person

 3  under the age of 18 years, shall be punished:

 4         (a)  By a fine of:

 5         1.  Not less than $500 or more than $1,000 for a first

 6  conviction.

 7         2.  Not less than $1,000 or more than $2,000 for a

 8  second conviction.

 9         3.  Not less than $2,000 for a third or subsequent

10  conviction.

11         (b)  By imprisonment for:

12         1.  Not more than 9 months for a first conviction.

13         2.  Not more than 12 months for a second conviction.

14  

15  For the purposes of this subsection, only the instant offense

16  is required to be a violation of subsection (1) by a person

17  who has a blood-alcohol level or breath-alcohol level of 0.16

18  0.20 or higher.

19         Section 4.  For the purpose of incorporating the

20  amendment to section 316.193, Florida Statutes, in references

21  thereto, paragraph (a) of subsection (3) of section 316.066,

22  Florida Statutes, is reenacted to read:

23         316.066  Written reports of crashes.--

24         (3)(a)  Every law enforcement officer who in the

25  regular course of duty investigates a motor vehicle crash:

26         1.  Which crash resulted in death or personal injury

27  shall, within 10 days after completing the investigation,

28  forward a written report of the crash to the department or

29  traffic records center.

30         2.  Which crash involved a violation of s. 316.061(1)

31  or s. 316.193 shall, within 10 days after completing the

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  investigation, forward a written report of the crash to the

 2  department or traffic records center.

 3         3.  In which crash a vehicle was rendered inoperative

 4  to a degree which required a wrecker to remove it from traffic

 5  may, within 10 days after completing the investigation,

 6  forward a written report of the crash to the department or

 7  traffic records center if such action is appropriate, in the

 8  officer's discretion.

 9  

10  However, in every case in which a crash report is required by

11  this section and a written report to a law enforcement officer

12  is not prepared, the law enforcement officer shall provide

13  each party involved in the crash a short-form report,

14  prescribed by the state, to be completed by the party. The

15  short-form report must include, but is not limited to: the

16  date, time, and location of the crash; a description of the

17  vehicles involved; the names and addresses of the parties

18  involved; the names and addresses of witnesses; the name,

19  badge number, and law enforcement agency of the officer

20  investigating the crash; and the names of the insurance

21  companies for the respective parties involved in the crash.

22  Each party to the crash shall provide the law enforcement

23  officer with proof of insurance to be included in the crash

24  report. If a law enforcement officer submits a report on the

25  accident, proof of insurance must be provided to the officer

26  by each party involved in the crash. Any party who fails to

27  provide the required information is guilty of an infraction

28  for a nonmoving violation, punishable as provided in chapter

29  318 unless the officer determines that due to injuries or

30  other special circumstances such insurance information cannot

31  be provided immediately. If the person provides the law

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  enforcement agency, within 24 hours after the crash, proof of

 2  insurance that was valid at the time of the crash, the law

 3  enforcement agency may void the citation.

 4         Section 5.  For the purpose of incorporating the

 5  amendment to section 316.193, Florida Statutes, in references

 6  thereto, paragraph (b) of subsection (4) of section 316.072,

 7  Florida Statutes, is reenacted to read:

 8         316.072  Obedience to and effect of traffic laws.--

 9         (4)  PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;

10  EXCEPTIONS.--

11         (b)  Unless specifically made applicable, the

12  provisions of this chapter, except those contained in ss.

13  316.192, 316.1925, and 316.193, shall not apply to persons,

14  teams, or motor vehicles and other equipment while actually

15  engaged in work upon the surface of a highway, but shall apply

16  to such persons and vehicles when traveling to or from such

17  work.

18         Section 6.  For the purpose of incorporating the

19  amendment to section 316.193, Florida Statutes, in references

20  thereto, subsection (3) of section 316.1932, Florida Statutes,

21  is reenacted to read:

22         316.1932  Tests for alcohol, chemical substances, or

23  controlled substances; implied consent; refusal.--

24         (3)  Notwithstanding any provision of law pertaining to

25  the confidentiality of hospital records or other medical

26  records, information relating to the alcoholic content of the

27  blood or breath or the presence of chemical substances or

28  controlled substances in the blood obtained pursuant to this

29  section shall be released to a court, prosecuting attorney,

30  defense attorney, or law enforcement officer in connection

31  

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  with an alleged violation of s. 316.193 upon request for such

 2  information.

 3         Section 7.  For the purpose of incorporating the

 4  amendment to section 316.193, Florida Statutes, in references

 5  thereto, subsection (4) of section 316.1933, Florida Statutes,

 6  is reenacted to read:

 7         316.1933  Blood test for impairment or intoxication in

 8  cases of death or serious bodily injury; right to use

 9  reasonable force.--

10         (4)  Notwithstanding any provision of law pertaining to

11  the confidentiality of hospital records or other medical

12  records, information relating to the alcoholic content of the

13  blood or the presence of chemical substances or controlled

14  substances in the blood obtained pursuant to this section

15  shall be released to a court, prosecuting attorney, defense

16  attorney, or law enforcement officer in connection with an

17  alleged violation of s. 316.193 upon request for such

18  information.

19         Section 8.  For the purpose of incorporating the

20  amendment to section 316.193, Florida Statutes, in references

21  thereto, subsections (1) and (4) of section 316.1934, Florida

22  Statutes, are reenacted to read:

23         316.1934  Presumption of impairment; testing methods.--

24         (1)  It is unlawful and punishable as provided in

25  chapter 322 and in s. 316.193 for any person who is under the

26  influence of alcoholic beverages or controlled substances,

27  when affected to the extent that the person's normal faculties

28  are impaired or to the extent that the person is deprived of

29  full possession of normal faculties, to drive or be in actual

30  physical control of any motor vehicle within this state. Such

31  normal faculties include, but are not limited to, the ability

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  to see, hear, walk, talk, judge distances, drive an

 2  automobile, make judgments, act in emergencies, and, in

 3  general, normally perform the many mental and physical acts of

 4  daily life.

 5         (4)  Any person charged with a violation of s. 316.193,

 6  whether in a municipality or not, is entitled to trial by jury

 7  according to the Florida Rules of Criminal Procedure.

 8         Section 9.  For the purpose of incorporating the

 9  amendment to section 316.193, Florida Statutes, in references

10  thereto, subsection (1) and paragraph (d) of subsection (2) of

11  section 316.1937, Florida Statutes, are reenacted to read:

12         316.1937  Ignition interlock devices, requiring;

13  unlawful acts.--

14         (1)  In addition to any other authorized penalties, the

15  court may require that any person who is convicted of driving

16  under the influence in violation of s. 316.193 shall not

17  operate a motor vehicle unless that vehicle is equipped with a

18  functioning ignition interlock device certified by the

19  department as provided in s. 316.1938, and installed in such a

20  manner that the vehicle will not start if the operator's blood

21  alcohol level is in excess of 0.05 percent or as otherwise

22  specified by the court. The court may require the use of an

23  approved ignition interlock device for a period of not less

24  than 6 months, if the person is permitted to operate a motor

25  vehicle, whether or not the privilege to operate a motor

26  vehicle is restricted, as determined by the court. The court,

27  however, shall order placement of an ignition interlock device

28  in those circumstances required by s. 316.193.

29         (2)  If the court imposes the use of an ignition

30  interlock device, the court shall:

31  

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1         (d)  Determine the person's ability to pay for

 2  installation of the device if the person claims inability to

 3  pay. If the court determines that the person is unable to pay

 4  for installation of the device, the court may order that any

 5  portion of a fine paid by the person for a violation of s.

 6  316.193 shall be allocated to defray the costs of installing

 7  the device.

 8         Section 10.  For the purpose of incorporating the

 9  amendment to section 316.193, Florida Statutes, in references

10  thereto, paragraph (b) of subsection (1) of section 316.1939,

11  Florida Statutes, is reenacted to read:

12         316.1939  Refusal to submit to testing; penalties.--

13         (1)  Any person who has refused to submit to a chemical

14  or physical test of his or her breath, blood, or urine, as

15  described in s. 316.1932, and whose driving privilege was

16  previously suspended for a prior refusal to submit to a lawful

17  test of his or her breath, urine, or blood, and:

18         (b)  Who was placed under lawful arrest for a violation

19  of s. 316.193 unless such test was requested pursuant to s.

20  316.1932(1)(c);

21  

22  commits a misdemeanor of the first degree and is subject to

23  punishment as provided in s. 775.082 or s. 775.083.

24         Section 11.  For the purpose of incorporating the

25  amendment to section 316.193, Florida Statutes, in references

26  thereto, subsections (4) and (5) of section 318.143, Florida

27  Statutes, are reenacted to read:

28         318.143  Sanctions for infractions by minors.--

29         (4)  For the first conviction for a violation of s.

30  316.193, the court may order the Department of Highway Safety

31  and Motor Vehicles to revoke the minor's driver's license

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  until the minor is 18 years of age. For a second or subsequent

 2  conviction for such a violation, the court may order the

 3  Department of Highway Safety and Motor Vehicles to revoke the

 4  minor's driver's license until the minor is 21 years of age.

 5         (5)  A minor who is arrested for a violation of s.

 6  316.193 may be released from custody as soon as:

 7         (a)  The minor is no longer under the influence of

 8  alcoholic beverages, of any chemical substance set forth in s.

 9  877.111, or of any substance controlled under chapter 893, and

10  is not affected to the extent that his or her normal faculties

11  are impaired;

12         (b)  The minor's blood-alcohol level is less than 0.05

13  percent; or

14         (c)  Six hours have elapsed after the minor's arrest.

15         Section 12.  For the purpose of incorporating the

16  amendment to section 316.193, Florida Statutes, in references

17  thereto, subsection (3) of section 318.17, Florida Statutes,

18  is reenacted to read:

19         318.17  Offenses excepted.--No provision of this

20  chapter is available to a person who is charged with any of

21  the following offenses:

22         (3)  Driving, or being in actual physical control of,

23  any vehicle while under the influence of alcoholic beverages,

24  any chemical substance set forth in s. 877.111, or any

25  substance controlled under chapter 893, in violation of s.

26  316.193, or driving with an unlawful blood-alcohol level;

27         Section 13.  For the purpose of incorporating the

28  amendment to section 316.193, Florida Statutes, in references

29  thereto, subsection (2) of section 322.03, Florida Statutes,

30  is reenacted to read:

31         322.03  Drivers must be licensed; penalties.--

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1         (2)  Prior to issuing a driver's license, the

 2  department shall require any person who has been convicted two

 3  or more times of a violation of s. 316.193 or of a

 4  substantially similar alcohol-related or drug-related offense

 5  outside this state within the preceding 5 years, or who has

 6  been convicted of three or more such offenses within the

 7  preceding 10 years, to present proof of successful completion

 8  of or enrollment in a department-approved substance abuse

 9  education course. If the person fails to complete such

10  education course within 90 days after issuance, the department

11  shall cancel the license. Further, prior to issuing the

12  driver's license the department shall require such person to

13  present proof of financial responsibility as provided in s.

14  324.031. For the purposes of this paragraph, a previous

15  conviction for violation of former s. 316.028, former s.

16  316.1931, or former s. 860.01 shall be considered a previous

17  conviction for violation of s. 316.193.

18         Section 14.  For the purpose of incorporating the

19  amendment to section 316.193, Florida Statutes, in references

20  thereto, paragraph (a) of subsection (2) of section 322.0602,

21  Florida Statutes, is reenacted to read:

22         322.0602  Youthful Drunk Driver Visitation Program.--

23         (2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE

24  FOR PARTICIPATION.--

25         (a)  If a person is convicted of a violation of s.

26  316.193, the court may order, as a term and condition of

27  probation in addition to any other term or condition required

28  or authorized by law, that the probationer participate in the

29  Youthful Drunk Driver Visitation Program.

30         Section 15.  For the purpose of incorporating the

31  amendment to section 316.193, Florida Statutes, in references

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  thereto, subsection (8) of section 322.21, Florida Statutes,

 2  is reenacted to read:

 3         322.21  License fees; procedure for handling and

 4  collecting fees.--

 5         (8)  Any person who applies for reinstatement following

 6  the suspension or revocation of the person's driver's license

 7  shall pay a service fee of $35 following a suspension, and $60

 8  following a revocation, which is in addition to the fee for a

 9  license. Any person who applies for reinstatement of a

10  commercial driver's license following the disqualification of

11  the person's privilege to operate a commercial motor vehicle

12  shall pay a service fee of $60, which is in addition to the

13  fee for a license. The department shall collect all of these

14  fees at the time of reinstatement. The department shall issue

15  proper receipts for such fees and shall promptly transmit all

16  funds received by it as follows:

17         (a)  Of the $35 fee received from a licensee for

18  reinstatement following a suspension, the department shall

19  deposit $15 in the General Revenue Fund and $20 in the Highway

20  Safety Operating Trust Fund.

21         (b)  Of the $60 fee received from a licensee for

22  reinstatement following a revocation or disqualification, the

23  department shall deposit $35 in the General Revenue Fund and

24  $25 in the Highway Safety Operating Trust Fund.

25  

26  If the revocation or suspension of the driver's license was

27  for a violation of s. 316.193, or for refusal to submit to a

28  lawful breath, blood, or urine test, an additional fee of $115

29  must be charged. However, only one $115 fee may be collected

30  from one person convicted of violations arising out of the

31  same incident. The department shall collect the $115 fee and

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  deposit the fee into the Highway Safety Operating Trust Fund

 2  at the time of reinstatement of the person's driver's license,

 3  but the fee may not be collected if the suspension or

 4  revocation is overturned.

 5         Section 16.  For the purpose of incorporating the

 6  amendment to section 316.193, Florida Statutes, in references

 7  thereto, subsection (5) of section 322.25, Florida Statutes,

 8  is reenacted to read:

 9         322.25  When court to forward license to department and

10  report convictions; temporary reinstatement of driving

11  privileges.--

12         (5)  For the purpose of this chapter, the entrance of a

13  plea of nolo contendere by the defendant to a charge of

14  driving while intoxicated, driving under the influence,

15  driving with an unlawful blood-alcohol level, or any other

16  alcohol-related or drug-related traffic offense similar to the

17  offenses specified in s. 316.193, accepted by the court and

18  under which plea the court has entered a fine or sentence,

19  whether in this state or any other state or country, shall be

20  equivalent to a conviction.

21         Section 17.  For the purpose of incorporating the

22  amendment to section 316.193, Florida Statutes, in references

23  thereto, paragraph (a) of subsection (1) of section 322.26,

24  Florida Statutes, is reenacted to read:

25         322.26  Mandatory revocation of license by

26  department.--The department shall forthwith revoke the license

27  or driving privilege of any person upon receiving a record of

28  such person's conviction of any of the following offenses:

29         (1)(a)  Murder resulting from the operation of a motor

30  vehicle, DUI manslaughter where the conviction represents a

31  subsequent DUI-related conviction, or a fourth violation of s.

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  316.193 or former s. 316.1931. For such cases, the revocation

 2  of the driver's license or driving privilege shall be

 3  permanent.

 4         Section 18.  For the purpose of incorporating the

 5  amendment to section 316.193, Florida Statutes, in references

 6  thereto, subsections (1), (2), and (7), paragraph (b) of

 7  subsection (8), paragraph (b) of subsection (10), and

 8  subsection (14) of section 322.2615, Florida Statutes, are

 9  reenacted to read:

10         322.2615  Suspension of license; right to review.--

11         (1)(a)  A law enforcement officer or correctional

12  officer shall, on behalf of the department, suspend the

13  driving privilege of a person who has been arrested by a law

14  enforcement officer for a violation of s. 316.193, relating to

15  unlawful blood-alcohol level or breath-alcohol level, or of a

16  person who has refused to submit to a breath, urine, or blood

17  test authorized by s. 316.1932. The officer shall take the

18  person's driver's license and issue the person a 10-day

19  temporary permit if the person is otherwise eligible for the

20  driving privilege and shall issue the person a notice of

21  suspension. If a blood test has been administered, the results

22  of which are not available to the officer at the time of the

23  arrest, the agency employing the officer shall transmit such

24  results to the department within 5 days after receipt of the

25  results. If the department then determines that the person was

26  arrested for a violation of s. 316.193 and that the person had

27  a blood-alcohol level or breath-alcohol level of 0.08 or

28  higher, the department shall suspend the person's driver's

29  license pursuant to subsection (3).

30  

31  

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1         (b)  The suspension under paragraph (a) shall be

 2  pursuant to, and the notice of suspension shall inform the

 3  driver of, the following:

 4         1.a.  The driver refused to submit to a lawful breath,

 5  blood, or urine test and his or her driving privilege is

 6  suspended for a period of 1 year for a first refusal or for a

 7  period of 18 months if his or her driving privilege has been

 8  previously suspended as a result of a refusal to submit to

 9  such a test; or

10         b.  The driver violated s. 316.193 by driving with an

11  unlawful blood-alcohol level as provided in that section and

12  his or her driving privilege is suspended for a period of 6

13  months for a first offense or for a period of 1 year if his or

14  her driving privilege has been previously suspended for a

15  violation of s. 316.193.

16         2.  The suspension period shall commence on the date of

17  arrest or issuance of the notice of suspension, whichever is

18  later.

19         3.  The driver may request a formal or informal review

20  of the suspension by the department within 10 days after the

21  date of arrest or issuance of the notice of suspension,

22  whichever is later.

23         4.  The temporary permit issued at the time of arrest

24  will expire at midnight of the 10th day following the date of

25  arrest or issuance of the notice of suspension, whichever is

26  later.

27         5.  The driver may submit to the department any

28  materials relevant to the arrest.

29         (2)  Except as provided in paragraph (1)(a), the law

30  enforcement officer shall forward to the department, within 5

31  days after the date of the arrest, a copy of the notice of

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  suspension, the driver's license of the person arrested, and a

 2  report of the arrest, including an affidavit stating the

 3  officer's grounds for belief that the person arrested was in

 4  violation of s. 316.193; the results of any breath or blood

 5  test or an affidavit stating that a breath, blood, or urine

 6  test was requested by a law enforcement officer or

 7  correctional officer and that the person arrested refused to

 8  submit; a copy of the citation issued to the person arrested;

 9  and the officer's description of the person's field sobriety

10  test, if any. The failure of the officer to submit materials

11  within the 5-day period specified in this subsection and in

12  subsection (1) shall not affect the department's ability to

13  consider any evidence submitted at or prior to the hearing.

14  The officer may also submit a copy of a videotape of the field

15  sobriety test or the attempt to administer such test.

16         (7)  In a formal review hearing under subsection (6) or

17  an informal review hearing under subsection (4), the hearing

18  officer shall determine by a preponderance of the evidence

19  whether sufficient cause exists to sustain, amend, or

20  invalidate the suspension. The scope of the review shall be

21  limited to the following issues:

22         (a)  If the license was suspended for driving with an

23  unlawful blood-alcohol level in violation of s. 316.193:

24         1.  Whether the arresting law enforcement officer had

25  probable cause to believe that the person was driving or in

26  actual physical control of a motor vehicle in this state while

27  under the influence of alcoholic beverages or controlled

28  substances.

29         2.  Whether the person was placed under lawful arrest

30  for a violation of s. 316.193.

31  

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1         3.  Whether the person had an unlawful blood-alcohol

 2  level as provided in s. 316.193.

 3         (b)  If the license was suspended for refusal to submit

 4  to a breath, blood, or urine test:

 5         1.  Whether the arresting law enforcement officer had

 6  probable cause to believe that the person was driving or in

 7  actual physical control of a motor vehicle in this state while

 8  under the influence of alcoholic beverages or controlled

 9  substances.

10         2.  Whether the person was placed under lawful arrest

11  for a violation of s. 316.193.

12         3.  Whether the person refused to submit to any such

13  test after being requested to do so by a law enforcement

14  officer or correctional officer.

15         4.  Whether the person was told that if he or she

16  refused to submit to such test his or her privilege to operate

17  a motor vehicle would be suspended for a period of 1 year or,

18  in the case of a second or subsequent refusal, for a period of

19  18 months.

20         (8)  Based on the determination of the hearing officer

21  pursuant to subsection (7) for both informal hearings under

22  subsection (4) and formal hearings under subsection (6), the

23  department shall:

24         (b)  Sustain the suspension of the person's driving

25  privilege for a period of 6 months for a violation of s.

26  316.193, or for a period of 1 year if the driving privilege of

27  such person has been previously suspended as a result of a

28  violation of s. 316.193. The suspension period commences on

29  the date of the arrest or issuance of the notice of

30  suspension, whichever is later.

31  

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1         (10)  A person whose driver's license is suspended

 2  under subsection (1) or subsection (3) may apply for issuance

 3  of a license for business or employment purposes only if the

 4  person is otherwise eligible for the driving privilege

 5  pursuant to s. 322.271.

 6         (b)  If the suspension of the driver's license of the

 7  person arrested for a violation of s. 316.193, relating to

 8  unlawful blood-alcohol level, is sustained, the person is not

 9  eligible to receive a license for business or employment

10  purposes only pursuant to s. 322.271 until 30 days have

11  elapsed after the expiration of the last temporary permit

12  issued. If the driver is not issued a 10-day permit pursuant

13  to this section or s. 322.64 because he or she is ineligible

14  for the permit and the suspension for a violation of s.

15  316.193, relating to unlawful blood-alcohol level, is not

16  invalidated by the department, the driver is not eligible to

17  receive a business or employment license pursuant to s.

18  322.271 until 30 days have elapsed from the date of the

19  arrest.

20         (14)  The decision of the department under this section

21  shall not be considered in any trial for a violation of s.

22  316.193, nor shall any written statement submitted by a person

23  in his or her request for departmental review under this

24  section be admissible into evidence against him or her in any

25  such trial. The disposition of any related criminal

26  proceedings shall not affect a suspension imposed pursuant to

27  this section.

28         Section 19.  For the purpose of incorporating the

29  amendment to section 316.193, Florida Statutes, in references

30  thereto, paragraph (a) of subsection (1) and subsections (15)

31  

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    14-1602-04                                          See HB 307




 1  and (19) of section 322.2616, Florida Statutes, are reenacted

 2  to read:

 3         322.2616  Suspension of license; persons under 21 years

 4  of age; right to review.--

 5         (1)(a)  Notwithstanding s. 316.193, it is unlawful for

 6  a person under the age of 21 who has a blood-alcohol or

 7  breath-alcohol level of 0.02 or higher to drive or be in

 8  actual physical control of a motor vehicle.

 9         (15)  The decision of the department under this section

10  shall not be considered in any trial for a violation of s.

11  316.193, nor shall any written statement submitted by a person

12  in his or her request for departmental review under this

13  section be admissible into evidence against him or her in any

14  such trial. The disposition of any related criminal

15  proceedings shall not affect a suspension imposed under this

16  section.

17         (19)  A violation of this section is neither a traffic

18  infraction nor a criminal offense, nor does being detained

19  pursuant to this section constitute an arrest. A violation of

20  this section is subject to the administrative action

21  provisions of this section, which are administered by the

22  department through its administrative processes.

23  Administrative actions taken pursuant to this section shall be

24  recorded in the motor vehicle records maintained by the

25  department. This section does not bar prosecution under s.

26  316.193. However, if the department suspends a person's

27  license under s. 322.2615 for a violation of s. 316.193, it

28  may not also suspend the person's license under this section

29  for the same episode that was the basis for the suspension

30  under s. 322.2615.

31  

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1         Section 20.  For the purpose of incorporating the

 2  amendment to section 316.193, Florida Statutes, in references

 3  thereto, paragraph (b) of subsection (1) of section 322.264,

 4  Florida Statutes, is reenacted to read:

 5         322.264  "Habitual traffic offender" defined.--A

 6  "habitual traffic offender" is any person whose record, as

 7  maintained by the Department of Highway Safety and Motor

 8  Vehicles, shows that such person has accumulated the specified

 9  number of convictions for offenses described in subsection (1)

10  or subsection (2) within a 5-year period:

11         (1)  Three or more convictions of any one or more of

12  the following offenses arising out of separate acts:

13         (b)  Any violation of s. 316.193, former s. 316.1931,

14  or former s. 860.01;

15  

16  Any violation of any federal law, any law of another state or

17  country, or any valid ordinance of a municipality or county of

18  another state similar to a statutory prohibition specified in

19  subsection (1) or subsection (2) shall be counted as a

20  violation of such prohibition. In computing the number of

21  convictions, all convictions during the 5 years previous to

22  July 1, 1972, will be used, provided at least one conviction

23  occurs after that date. The fact that previous convictions may

24  have resulted in suspension, revocation, or disqualification

25  under another section does not exempt them from being used for

26  suspension or revocation under this section as a habitual

27  offender.

28         Section 21.  For the purpose of incorporating the

29  amendment to section 316.193, Florida Statutes, in references

30  thereto, paragraphs (a) and (c) of subsection (2) and

31  

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  subsection (4) of section 322.271, Florida Statutes, are

 2  reenacted to read:

 3         322.271  Authority to modify revocation, cancellation,

 4  or suspension order.--

 5         (2)(a)  Upon such hearing, the person whose license has

 6  been suspended, canceled, or revoked may show that such

 7  suspension, cancellation, or revocation of his or her license

 8  causes a serious hardship and precludes the person's carrying

 9  out his or her normal business occupation, trade, or

10  employment and that the use of the person's license in the

11  normal course of his or her business is necessary to the

12  proper support of the person or his or her family. Except as

13  otherwise provided in this subsection, the department shall

14  require proof of the successful completion of the applicable

15  department-approved driver training course operating pursuant

16  to s. 318.1451 or DUI program substance abuse education course

17  and evaluation as provided in s. 316.193(5). Letters of

18  recommendation from respected business persons in the

19  community, law enforcement officers, or judicial officers may

20  also be required to determine whether such person should be

21  permitted to operate a motor vehicle on a restricted basis for

22  business or employment use only and in determining whether

23  such person can be trusted to so operate a motor vehicle. If a

24  driver's license has been suspended under the point system or

25  pursuant to s. 322.2615, the department shall require proof of

26  enrollment in the applicable department-approved driver

27  training course or licensed DUI program substance abuse

28  education course, including evaluation and treatment, if

29  referred, and may require letters of recommendation described

30  in this subsection to determine if the driver should be

31  reinstated on a restricted basis. If such person fails to

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  complete the approved course within 90 days after

 2  reinstatement or subsequently fails to complete treatment, if

 3  applicable, the department shall cancel his or her driver's

 4  license until the course and treatment, if applicable, is

 5  successfully completed, notwithstanding the terms of the court

 6  order or any suspension or revocation of the driving

 7  privilege. The department may temporarily reinstate the

 8  driving privilege on a restricted basis upon verification from

 9  the DUI program that the offender has reentered and is

10  currently participating in treatment and has completed the DUI

11  education course and evaluation requirement. If the DUI

12  program notifies the department of the second failure to

13  complete treatment, the department shall reinstate the driving

14  privilege only after notice of completion of treatment from

15  the DUI program. The privilege of driving on a limited or

16  restricted basis for business or employment use shall not be

17  granted to a person who has been convicted of a violation of

18  s. 316.193 until completion of the DUI program substance abuse

19  education course and evaluations as provided in s. 316.193(5).

20  Except as provided in paragraph (b), the privilege of driving

21  on a limited or restricted basis for business or employment

22  use shall not be granted to a person whose license is revoked

23  pursuant to s. 322.28 or suspended pursuant to s. 322.2615 and

24  who has been convicted of a violation of s. 316.193 two or

25  more times or whose license has been suspended two or more

26  times for refusal to submit to a test pursuant to s. 322.2615

27  or former s. 322.261.

28         (c)  For the purpose of this section, a previous

29  conviction of driving under the influence, driving while

30  intoxicated, driving with an unlawful blood-alcohol level, or

31  any other similar alcohol-related or drug-related offense

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  outside this state or a previous conviction of former s.

 2  316.1931, former s. 316.028, or former s. 860.01 shall be

 3  considered a previous conviction for violation of s. 316.193.

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

 5  a person whose driving privilege has been permanently revoked

 6  because he or she has been convicted of DUI manslaughter in

 7  violation of s. 316.193 and has no prior convictions for

 8  DUI-related offenses may, upon the expiration of 5 years after

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

10  the termination of any term of incarceration under s. 316.193

11  or former s. 316.1931, whichever date is later, petition the

12  department for reinstatement of his or her driving privilege.

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

14  petition, the department shall afford the petitioner an

15  opportunity for a hearing. At the hearing, the petitioner must

16  demonstrate to the department that he or she:

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

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

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

20  for at least 5 years prior to the hearing;

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

22  the hearing; and

23         4.  Has completed a DUI program licensed by the

24  department.

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

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

27  Upon such determination, the department may, in its

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

29  Such reinstatement must be made subject to the following

30  qualifications:

31  

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1         1.  The license must be restricted for employment

 2  purposes for not less than 1 year; and

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

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

 5  supervision and education at least four times a year or

 6  additionally as required by the program for the remainder of

 7  the revocation period. Such supervision shall include

 8  evaluation, education, referral into treatment, and other

 9  activities required by the department.

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

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

12  supervision, the program shall report the failure to the

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

14  driving privilege.

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

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

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

18  driving privilege.

19         (e)  The department shall adopt rules regulating the

20  providing of services by DUI programs pursuant to this

21  section.

22         Section 22.  For the purpose of incorporating the

23  amendment to section 316.193, Florida Statutes, in references

24  thereto, subsection (2) of section 322.28, Florida Statutes,

25  is reenacted to read:

26         322.28  Period of suspension or revocation.--

27         (2)  In a prosecution for a violation of s. 316.193 or

28  former s. 316.1931, the following provisions apply:

29         (a)  Upon conviction of the driver, the court, along

30  with imposing sentence, shall revoke the driver's license or

31  driving privilege of the person so convicted, effective on the

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  date of conviction, and shall prescribe the period of such

 2  revocation in accordance with the following provisions:

 3         1.  Upon a first conviction for a violation of the

 4  provisions of s. 316.193, except a violation resulting in

 5  death, the driver's license or driving privilege shall be

 6  revoked for not less than 180 days or more than 1 year.

 7         2.  Upon a second conviction for an offense that occurs

 8  within a period of 5 years after the date of a prior

 9  conviction for a violation of the provisions of s. 316.193 or

10  former s. 316.1931 or a combination of such sections, the

11  driver's license or driving privilege shall be revoked for not

12  less than 5 years.

13         3.  Upon a third conviction for an offense that occurs

14  within a period of 10 years after the date of a prior

15  conviction for the violation of the provisions of s. 316.193

16  or former s. 316.1931 or a combination of such sections, the

17  driver's license or driving privilege shall be revoked for not

18  less than 10 years.

19  

20  For the purposes of this paragraph, a previous conviction

21  outside this state for driving under the influence, driving

22  while intoxicated, driving with an unlawful blood-alcohol

23  level, or any other alcohol-related or drug-related traffic

24  offense similar to the offense of driving under the influence

25  as proscribed by s. 316.193 will be considered a previous

26  conviction for violation of s. 316.193, and a conviction for

27  violation of former s. 316.028, former s. 316.1931, or former

28  s. 860.01 is considered a conviction for violation of s.

29  316.193.

30         (b)  If the period of revocation was not specified by

31  the court at the time of imposing sentence or within 30 days

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  thereafter, and is not otherwise specified by law, the

 2  department shall forthwith revoke the driver's license or

 3  driving privilege for the maximum period applicable under

 4  paragraph (a) for a first conviction and for the minimum

 5  period applicable under paragraph (a) for any subsequent

 6  convictions. The driver may, within 30 days after such

 7  revocation by the department, petition the court for further

 8  hearing on the period of revocation, and the court may reopen

 9  the case and determine the period of revocation within the

10  limits specified in paragraph (a).

11         (c)  The forfeiture of bail bond, not vacated within 20

12  days, in any prosecution for the offense of driving while

13  under the influence of alcoholic beverages, chemical

14  substances, or controlled substances to the extent of

15  depriving the defendant of his or her normal faculties shall

16  be deemed equivalent to a conviction for the purposes of this

17  paragraph, and the department shall forthwith revoke the

18  defendant's driver's license or driving privilege for the

19  maximum period applicable under paragraph (a) for a first

20  conviction and for the minimum period applicable under

21  paragraph (a) for a second or subsequent conviction; however,

22  if the defendant is later convicted of the charge, the period

23  of revocation imposed by the department for such conviction

24  shall not exceed the difference between the applicable maximum

25  for a first conviction or minimum for a second or subsequent

26  conviction and the revocation period under this subsection

27  that has actually elapsed; upon conviction of such charge, the

28  court may impose revocation for a period of time as specified

29  in paragraph (a). This paragraph does not apply if an

30  appropriate motion contesting the forfeiture is filed within

31  the 20-day period.

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1         (d)  When any driver's license or driving privilege has

 2  been revoked pursuant to the provisions of this section, the

 3  department shall not grant a new license, except upon

 4  reexamination of the licensee after the expiration of the

 5  period of revocation so prescribed. However, the court may, in

 6  its sound discretion, issue an order of reinstatement on a

 7  form furnished by the department which the person may take to

 8  any driver's license examining office for reinstatement by the

 9  department pursuant to s. 322.282.

10         (e)  The court shall permanently revoke the driver's

11  license or driving privilege of a person who has been

12  convicted four times for violation of s. 316.193 or former s.

13  316.1931 or a combination of such sections. The court shall

14  permanently revoke the driver's license or driving privilege

15  of any person who has been convicted of DUI manslaughter in

16  violation of s. 316.193. If the court has not permanently

17  revoked such driver's license or driving privilege within 30

18  days after imposing sentence, the department shall permanently

19  revoke the driver's license or driving privilege pursuant to

20  this paragraph. No driver's license or driving privilege may

21  be issued or granted to any such person. This paragraph

22  applies only if at least one of the convictions for violation

23  of s. 316.193 or former s. 316.1931 was for a violation that

24  occurred after July 1, 1982. For the purposes of this

25  paragraph, a conviction for violation of former s. 316.028,

26  former s. 316.1931, or former s. 860.01 is also considered a

27  conviction for violation of s. 316.193. Also, a conviction of

28  driving under the influence, driving while intoxicated,

29  driving with an unlawful blood-alcohol level, or any other

30  similar alcohol-related or drug-related traffic offense

31  

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  outside this state is considered a conviction for the purposes

 2  of this paragraph.

 3         Section 23.  For the purpose of incorporating the

 4  amendment to section 316.193, Florida Statutes, in references

 5  thereto, paragraph (a) of subsection (2) of section 322.282,

 6  Florida Statutes, is reenacted to read:

 7         322.282  Procedure when court revokes or suspends

 8  license or driving privilege and orders reinstatement.--When a

 9  court suspends or revokes a person's license or driving

10  privilege and, in its discretion, orders reinstatement as

11  provided by s. 322.28(2)(d) or former s. 322.261(5):

12         (2)(a)  The court shall issue an order of

13  reinstatement, on a form to be furnished by the department,

14  which the person may take to any driver's license examining

15  office. The department shall issue a temporary driver's permit

16  to a licensee who presents the court's order of reinstatement,

17  proof of completion of a department-approved driver training

18  or substance abuse education course, and a written request for

19  a hearing under s. 322.271. The permit shall not be issued if

20  a record check by the department shows that the person has

21  previously been convicted for a violation of s. 316.193,

22  former s. 316.1931, former s. 316.028, former s. 860.01, or a

23  previous conviction outside this state for driving under the

24  influence, driving while intoxicated, driving with an unlawful

25  blood-alcohol level, or any similar alcohol-related or

26  drug-related traffic offense; that the person's driving

27  privilege has been previously suspended for refusal to submit

28  to a lawful test of breath, blood, or urine; or that the

29  person is otherwise not entitled to issuance of a driver's

30  license. This paragraph shall not be construed to prevent the

31  reinstatement of a license or driving privilege that is

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  presently suspended for driving with an unlawful blood-alcohol

 2  level or a refusal to submit to a breath, urine, or blood test

 3  and is also revoked for a conviction for a violation of s.

 4  316.193 or former s. 316.1931, if the suspension and

 5  revocation arise out of the same incident.

 6         Section 24.  For the purpose of incorporating the

 7  amendment to section 316.193, Florida Statutes, in references

 8  thereto, paragraph (a) of subsection (1) of section 322.291,

 9  Florida Statutes, is reenacted to read:

10         322.291  Driver improvement schools or DUI programs;

11  required in certain suspension and revocation cases.--Except

12  as provided in s. 322.03(2), any person:

13         (1)  Whose driving privilege has been revoked:

14         (a)  Upon conviction for:

15         1.  Driving, or being in actual physical control of,

16  any vehicle while under the influence of alcoholic beverages,

17  any chemical substance set forth in s. 877.111, or any

18  substance controlled under chapter 893, in violation of s.

19  316.193;

20         2.  Driving with an unlawful blood- or breath-alcohol

21  level;

22         3.  Manslaughter resulting from the operation of a

23  motor vehicle;

24         4.  Failure to stop and render aid as required under

25  the laws of this state in the event of a motor vehicle crash

26  resulting in the death or personal injury of another;

27         5.  Reckless driving; or

28  

29  shall, before the driving privilege may be reinstated, present

30  to the department proof of enrollment in a department-approved

31  advanced driver improvement course operating pursuant to s.

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  318.1451 or a substance abuse education course conducted by a

 2  DUI program licensed pursuant to s. 322.292, which shall

 3  include a psychosocial evaluation and treatment, if referred.

 4  If the person fails to complete such course or evaluation

 5  within 90 days after reinstatement, or subsequently fails to

 6  complete treatment, if referred, the DUI program shall notify

 7  the department of the failure. Upon receipt of the notice, the

 8  department shall cancel the offender's driving privilege,

 9  notwithstanding the expiration of the suspension or revocation

10  of the driving privilege. The department may temporarily

11  reinstate the driving privilege upon verification from the DUI

12  program that the offender has completed the education course

13  and evaluation requirement and has reentered and is currently

14  participating in treatment. If the DUI program notifies the

15  department of the second failure to complete treatment, the

16  department shall reinstate the driving privilege only after

17  notice of completion of treatment from the DUI program.

18         Section 25.  For the purpose of incorporating the

19  amendment to section 316.193, Florida Statutes, in references

20  thereto, paragraph (a) of subsection (9) of section 322.34,

21  Florida Statutes, is reenacted to read:

22         322.34  Driving while license suspended, revoked,

23  canceled, or disqualified.--

24         (9)(a)  A motor vehicle that is driven by a person

25  under the influence of alcohol or drugs in violation of s.

26  316.193 is subject to seizure and forfeiture under ss.

27  932.701-932.707 and is subject to liens for recovering,

28  towing, or storing vehicles under s. 713.78 if, at the time of

29  the offense, the person's driver's license is suspended,

30  revoked, or canceled as a result of a prior conviction for

31  driving under the influence.

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1         Section 26.  For the purpose of incorporating the

 2  amendment to section 316.193, Florida Statutes, in references

 3  thereto, section 322.44, Florida Statutes, is reenacted to

 4  read:

 5         322.44  Driver License Compact.--The Driver License

 6  Compact is hereby enacted into law and entered into with all

 7  other jurisdictions legally joining therein in the form

 8  substantially as follows:

 9  

10                            ARTICLE I

11  

12         FINDINGS AND DECLARATION OF POLICY.--

13         (1)  The party states find that:

14         (a)  The safety of their streets and highways is

15  materially affected by the degree of compliance with state

16  laws and local ordinances relating to the operation of motor

17  vehicles;

18         (b)  Violation of such a law or ordinance is evidence

19  that the violator engages in conduct which is likely to

20  endanger the safety of persons and property;

21         (c)  The continuance in force of a license to drive is

22  predicated upon compliance with laws and ordinances relating

23  to the operation of motor vehicles, in whichever jurisdiction

24  the vehicle is operated.

25         (2)  It is the policy of each of the party states to:

26         (a)  Promote compliance with the laws, ordinances, and

27  administrative rules and regulations relating to the operation

28  of motor vehicles by their operators in each of the

29  jurisdictions where such operators drive motor vehicles;

30         (b)  Make the reciprocal recognition of licenses to

31  drive and eligibility therefor more just and equitable by

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  considering the overall compliance with motor vehicle laws,

 2  ordinances, and administrative rules and regulations as a

 3  condition precedent to the continuance or issuance of any

 4  license by reason of which the licensee is authorized or

 5  permitted to operate a motor vehicle in any of the party

 6  states.

 7  

 8                            ARTICLE II

 9  

10         DEFINITIONS.--As used in this compact:

11         (1)  "State" means a state, territory or possession of

12  the United States, the District of Columbia, or the

13  Commonwealth of Puerto Rico.

14         (2)  "Home state" means the state which has issued and

15  has the power to suspend or revoke the use of the license or

16  permit to operate a motor vehicle.

17         (3)  "Conviction" means a conviction of any offense

18  related to the use or operation of a motor vehicle which is

19  prohibited by state law, municipal ordinance, or

20  administrative rule or regulation, or a forfeiture of bail,

21  bond, or other security deposited to secure appearance by a

22  person charged with having committed any such offense, and

23  which conviction or forfeiture is required to be reported to

24  the licensing authority.

25  

26                           ARTICLE III

27  

28         REPORTS OF CONVICTION.--The licensing authority of a

29  party state shall report each conviction of a person from

30  another party state occurring within its jurisdiction to the

31  licensing authority of the home state of the licensee. Such

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  report shall clearly identify the person convicted; describe

 2  the violation specifying the section of the statute, code, or

 3  ordinance violated; identify the court in which action was

 4  taken; indicate whether a plea of guilty or not guilty was

 5  entered or the conviction was a result of the forfeiture of

 6  bail, bond, or other security; and shall include any special

 7  findings made in connection therewith.

 8  

 9                            ARTICLE IV

10  

11         EFFECT OF CONVICTION.--

12         (1)  The licensing authority in the home state, for the

13  purposes of suspension, revocation, or limitation of the

14  license to operate a motor vehicle, shall give the same effect

15  to the conduct reported, pursuant to article III, as it would

16  if such conduct had occurred in the home state, in the case of

17  convictions for:

18         (a)  Manslaughter or negligent homicide resulting from

19  the operation of a motor vehicle, as provided by ss. 316.193

20  and 322.26;

21         (b)  Driving a motor vehicle while under the influence

22  of alcoholic beverages or a narcotic drug, or under the

23  influence of any other drug to a degree which renders the

24  driver incapable of safely driving a motor vehicle, as

25  provided by s. 316.193;

26         (c)  Any felony in the commission of which a motor

27  vehicle is used, as provided by s. 322.26; or

28         (d)  Failure to stop and render aid in the event of a

29  motor vehicle crash resulting in the death or personal injury

30  of another, as provided by s. 322.26.

31  

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    Florida Senate - 2004                                  SB 2030
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 1         (2)  As to other convictions, reported pursuant to

 2  article III, the licensing authority in the home state shall

 3  give such effect to the conduct as is provided by the laws of

 4  the home state.

 5  

 6                            ARTICLE V

 7  

 8         APPLICATIONS FOR NEW LICENSES.--Upon application for a

 9  license to drive, the licensing authority in a party state

10  shall ascertain whether the applicant has ever held, or is the

11  holder of, a license to drive issued by any other party state.

12  The licensing authority in the state where application is made

13  shall not issue a license to drive to the applicant if:

14         (1)  The applicant has held such a license, but the

15  same has been suspended by reason, in whole or in part, of a

16  violation and if such suspension period has not terminated.

17         (2)  The applicant has held such a license, but the

18  same has been revoked by reason, in whole or in part, of a

19  violation and if such revocation has not terminated, except

20  that after the expiration of 1 year from the date the license

21  was revoked, such person may make application for a new

22  license if permitted by law. The licensing authority may

23  refuse to issue a license to any such applicant if, after

24  investigation, the licensing authority determines that it will

25  not be safe to grant to such person the privilege of driving a

26  motor vehicle on the public highways.

27         (3)  The applicant is the holder of a license to drive

28  issued by another party state and currently in force unless

29  the applicant surrenders such license.

30  

31                            ARTICLE VI

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 1  

 2         APPLICABILITY OF OTHER LAWS.--Except as expressly

 3  required by provisions of this compact, nothing contained

 4  herein shall be construed to affect the right of any party

 5  state to apply any of its other laws relating to licenses to

 6  drive to any person or circumstance, nor to invalidate or

 7  prevent any driver license agreement or other cooperative

 8  arrangement between a party state and a nonparty state.

 9  

10                           ARTICLE VII

11  

12         COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION.--

13         (1)  The head of the licensing authority of each party

14  state shall be the administrator of this compact for his or

15  her state. The administrators, acting jointly, shall have the

16  power to formulate all necessary and proper procedures for the

17  exchange of information under this compact.

18         (2)  The administrator of each party state shall

19  furnish to the administrator of each other party state any

20  information or documents reasonably necessary to facilitate

21  the administration of this compact.

22  

23                           ARTICLE VIII

24  

25         ENTRY INTO FORCE AND WITHDRAWAL.--

26         (1)  This compact shall enter into force and become

27  effective as to any state when it has enacted the same into

28  law.

29         (2)  Any party state may withdraw from this compact by

30  enacting a statute repealing the same, but no such withdrawal

31  shall take effect until 6 months after the executive head of

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 1  the withdrawing state has given notice of the withdrawal to

 2  the executive heads of all other party states. No withdrawal

 3  shall affect the validity or applicability by the licensing

 4  authorities of states remaining party to the compact of any

 5  report of conviction occurring prior to the withdrawal.

 6  

 7                            ARTICLE IX

 8  

 9         CONSTRUCTION AND SEVERABILITY.--This compact shall be

10  liberally construed so as to effectuate the purposes thereof.

11  The provisions of this compact shall be severable; and if any

12  phrase, clause, sentence, or provision of this compact is

13  declared to be contrary to the constitution of any party state

14  or of the United States or the applicability thereof to any

15  government, agency, person, or circumstance is held invalid,

16  the validity of the remainder of this compact and the

17  applicability thereof to any government, agency, person, or

18  circumstance shall not be affected thereby. If this compact

19  shall be held contrary to the constitution of any state party

20  thereto, the compact shall remain in full force and effect as

21  to the remaining states and in full force and effect as to the

22  state affected as to all severable matters.

23         Section 27.  For the purpose of incorporating the

24  amendment to section 316.193, Florida Statutes, in references

25  thereto, subsection (3) of section 322.62, Florida Statutes,

26  is reenacted to read:

27         322.62  Driving under the influence; commercial motor

28  vehicle operators.--

29         (3)  This section does not supersede s. 316.193.

30  Nothing in this section prohibits the prosecution of a person

31  who drives a commercial motor vehicle for driving under the

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  influence of alcohol or controlled substances whether or not

 2  such person is also prosecuted for a violation of this

 3  section.

 4         Section 28.  For the purpose of incorporating the

 5  amendment to section 316.193, Florida Statutes, in references

 6  thereto, paragraph (d) of subsection (2) and subsection (6) of

 7  section 322.63, Florida Statutes, are reenacted to read:

 8         322.63  Alcohol or drug testing; commercial motor

 9  vehicle operators.--

10         (2)  The chemical and physical tests authorized by this

11  section shall only be required if a law enforcement officer

12  has reasonable cause to believe that a person driving a

13  commercial motor vehicle has any alcohol, chemical substance,

14  or controlled substance in his or her body.

15         (d)  The administration of one test under paragraph

16  (a), paragraph (b), or paragraph (c) shall not preclude the

17  administration of a different test under paragraph (a),

18  paragraph (b), or paragraph (c). However, a urine test may not

19  be used to determine alcohol concentration and a breath test

20  may not be used to determine the presence of controlled

21  substances or chemical substances in a person's body.

22  Notwithstanding the provisions of this paragraph, in the event

23  a Florida licensee has been convicted in another state for an

24  offense substantially similar to s. 316.193 or to s. 322.62,

25  which conviction was based upon evidence of test results

26  prohibited by this paragraph, that out-of-state conviction

27  shall constitute a conviction for the purposes of this

28  chapter.

29         (6)  Notwithstanding any provision of law pertaining to

30  the confidentiality of hospital records or other medical

31  records, information relating to the alcohol content of a

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  person's blood or the presence of chemical substances or

 2  controlled substances in a person's blood obtained pursuant to

 3  this section shall be released to a court, prosecuting

 4  attorney, defense attorney, or law enforcement officer in

 5  connection with an alleged violation of s. 316.193 or s.

 6  322.62 upon request for such information.

 7         Section 29.  For the purpose of incorporating the

 8  amendment to section 316.193, Florida Statutes, in references

 9  thereto, subsections (1) and (2), paragraph (a) of subsection

10  (7), paragraph (b) of subsection (8), and subsections (14) and

11  (15) of section 322.64, Florida Statutes, are reenacted to

12  read:

13         322.64  Holder of commercial driver's license; driving

14  with unlawful blood-alcohol level; refusal to submit to

15  breath, urine, or blood test.--

16         (1)(a)  A law enforcement officer or correctional

17  officer shall, on behalf of the department, disqualify from

18  operating any commercial motor vehicle a person who while

19  operating or in actual physical control of a commercial motor

20  vehicle is arrested for a violation of s. 316.193, relating to

21  unlawful blood-alcohol level or breath-alcohol level, or a

22  person who has refused to submit to a breath, urine, or blood

23  test authorized by s. 322.63 arising out of the operation or

24  actual physical control of a commercial motor vehicle. Upon

25  disqualification of the person, the officer shall take the

26  person's driver's license and issue the person a 10-day

27  temporary permit if the person is otherwise eligible for the

28  driving privilege and shall issue the person a notice of

29  disqualification. If the person has been given a blood,

30  breath, or urine test, the results of which are not available

31  to the officer at the time of the arrest, the agency employing

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  the officer shall transmit such results to the department

 2  within 5 days after receipt of the results. If the department

 3  then determines that the person was arrested for a violation

 4  of s. 316.193 and that the person had a blood-alcohol level or

 5  breath-alcohol level of 0.08 or higher, the department shall

 6  disqualify the person from operating a commercial motor

 7  vehicle pursuant to subsection (3).

 8         (b)  The disqualification under paragraph (a) shall be

 9  pursuant to, and the notice of disqualification shall inform

10  the driver of, the following:

11         1.a.  The driver refused to submit to a lawful breath,

12  blood, or urine test and he or she is disqualified from

13  operating a commercial motor vehicle for a period of 1 year,

14  for a first refusal, or permanently, if he or she has

15  previously been disqualified as a result of a refusal to

16  submit to such a test; or

17         b.  The driver violated s. 316.193 by driving with an

18  unlawful blood-alcohol level and he or she is disqualified

19  from operating a commercial motor vehicle for a period of 6

20  months for a first offense or for a period of 1 year if he or

21  she has previously been disqualified, or his or her driving

22  privilege has been previously suspended, for a violation of s.

23  316.193.

24         2.  The disqualification period shall commence on the

25  date of arrest or issuance of notice of disqualification,

26  whichever is later.

27         3.  The driver may request a formal or informal review

28  of the disqualification by the department within 10 days after

29  the date of arrest or issuance of notice of disqualification,

30  whichever is later.

31  

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    14-1602-04                                          See HB 307




 1         4.  The temporary permit issued at the time of arrest

 2  or disqualification will expire at midnight of the 10th day

 3  following the date of disqualification.

 4         5.  The driver may submit to the department any

 5  materials relevant to the arrest.

 6         (2)  Except as provided in paragraph (1)(a), the law

 7  enforcement officer shall forward to the department, within 5

 8  days after the date of the arrest or the issuance of the

 9  notice of disqualification, whichever is later, a copy of the

10  notice of disqualification, the driver's license of the person

11  arrested, and a report of the arrest, including, if

12  applicable, an affidavit stating the officer's grounds for

13  belief that the person arrested was in violation of s.

14  316.193; the results of any breath or blood test or an

15  affidavit stating that a breath, blood, or urine test was

16  requested by a law enforcement officer or correctional officer

17  and that the person arrested refused to submit; a copy of the

18  citation issued to the person arrested; and the officer's

19  description of the person's field sobriety test, if any. The

20  failure of the officer to submit materials within the 5-day

21  period specified in this subsection or subsection (1) shall

22  not affect the department's ability to consider any evidence

23  submitted at or prior to the hearing. The officer may also

24  submit a copy of a videotape of the field sobriety test or the

25  attempt to administer such test.

26         (7)  In a formal review hearing under subsection (6) or

27  an informal review hearing under subsection (4), the hearing

28  officer shall determine by a preponderance of the evidence

29  whether sufficient cause exists to sustain, amend, or

30  invalidate the disqualification. The scope of the review shall

31  be limited to the following issues:

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    14-1602-04                                          See HB 307




 1         (a)  If the person was disqualified from operating a

 2  commercial motor vehicle for driving with an unlawful

 3  blood-alcohol level in violation of s. 316.193:

 4         1.  Whether the arresting law enforcement officer had

 5  probable cause to believe that the person was driving or in

 6  actual physical control of a commercial motor vehicle in this

 7  state while he or she had any alcohol, chemical substances, or

 8  controlled substances in his or her body.

 9         2.  Whether the person was placed under lawful arrest

10  for a violation of s. 316.193.

11         3.  Whether the person had an unlawful blood-alcohol

12  level as provided in s. 316.193.

13         (8)  Based on the determination of the hearing officer

14  pursuant to subsection (7) for both informal hearings under

15  subsection (4) and formal hearings under subsection (6), the

16  department shall:

17         (b)  Sustain the disqualification for a period of 6

18  months for a violation of s. 316.193 or for a period of 1 year

19  if the person has been previously disqualified from operating

20  a commercial motor vehicle or his or her driving privilege has

21  been previously suspended as a result of a violation of s.

22  316.193. The disqualification period commences on the date of

23  the arrest or issuance of the notice of disqualification,

24  whichever is later.

25         (14)  The decision of the department under this section

26  shall not be considered in any trial for a violation of s.

27  316.193, s. 322.61, or s. 322.62, nor shall any written

28  statement submitted by a person in his or her request for

29  departmental review under this section be admissible into

30  evidence against him or her in any such trial. The disposition

31  

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  of any related criminal proceedings shall not affect a

 2  disqualification imposed pursuant to this section.

 3         (15)  This section does not preclude the suspension of

 4  the driving privilege pursuant to s. 322.2615. The driving

 5  privilege of a person who has been disqualified from operating

 6  a commercial motor vehicle also may be suspended for a

 7  violation of s. 316.193.

 8         Section 30.  For the purpose of incorporating the

 9  amendment to section 316.193, Florida Statutes, in references

10  thereto, paragraph (f) of subsection (4) of section 323.001,

11  Florida Statutes, is reenacted to read:

12         323.001  Wrecker operator storage facilities; vehicle

13  holds.--

14         (4)  The requirements for a written hold apply when the

15  following conditions are present:

16         (f)  The vehicle is impounded or immobilized pursuant

17  to s. 316.193 or s. 322.34; or

18         Section 31.  For the purpose of incorporating the

19  amendment to section 316.193, Florida Statutes, in references

20  thereto, subsection (6) of section 327.35, Florida Statutes,

21  is reenacted to read:

22         327.35  Boating under the influence; penalties;

23  "designated drivers".--

24         (6)  With respect to any person convicted of a

25  violation of subsection (1), regardless of any other penalty

26  imposed:

27         (a)  For the first conviction, the court shall place

28  the defendant on probation for a period not to exceed 1 year

29  and, as a condition of such probation, shall order the

30  defendant to participate in public service or a community work

31  project for a minimum of 50 hours. The court must also, as a

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    14-1602-04                                          See HB 307




 1  condition of probation, order the impoundment or

 2  immobilization of the vessel that was operated by or in the

 3  actual control of the defendant or any one vehicle registered

 4  in the defendant's name at the time of impoundment or

 5  immobilization, for a period of 10 days or for the unexpired

 6  term of any lease or rental agreement that expires within 10

 7  days. The impoundment or immobilization must not occur

 8  concurrently with the incarceration of the defendant. The

 9  impoundment or immobilization order may be dismissed in

10  accordance with paragraph (e) or paragraph (f). The total

11  period of probation and incarceration may not exceed 1 year.

12         (b)  For the second conviction for an offense that

13  occurs within a period of 5 years after the date of a prior

14  conviction for violation of this section, the court shall

15  order imprisonment for not less than 10 days. The court must

16  also, as a condition of probation, order the impoundment or

17  immobilization of the vessel that was operated by or in the

18  actual control of the defendant or any one vehicle registered

19  in the defendant's name at the time of impoundment or

20  immobilization, for a period of 30 days or for the unexpired

21  term of any lease or rental agreement that expires within 30

22  days. The impoundment or immobilization must not occur

23  concurrently with the incarceration of the defendant. The

24  impoundment or immobilization order may be dismissed in

25  accordance with paragraph (e) or paragraph (f). At least 48

26  hours of confinement must be consecutive.

27         (c)  For the third or subsequent conviction for an

28  offense that occurs within a period of 10 years after the date

29  of a prior conviction for violation of this section, the court

30  shall order imprisonment for not less than 30 days. The court

31  must also, as a condition of probation, order the impoundment

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    14-1602-04                                          See HB 307




 1  or immobilization of the vessel that was operated by or in the

 2  actual control of the defendant or any one vehicle registered

 3  in the defendant's name at the time of impoundment or

 4  immobilization, for a period of 90 days or for the unexpired

 5  term of any lease or rental agreement that expires within 90

 6  days. The impoundment or immobilization must not occur

 7  concurrently with the incarceration of the defendant. The

 8  impoundment or immobilization order may be dismissed in

 9  accordance with paragraph (e) or paragraph (f). At least 48

10  hours of confinement must be consecutive.

11         (d)  The court must at the time of sentencing the

12  defendant issue an order for the impoundment or immobilization

13  of a vessel. Within 7 business days after the date that the

14  court issues the order of impoundment, and once again 30

15  business days before the actual impoundment or immobilization

16  of the vessel, the clerk of the court must send notice by

17  certified mail, return receipt requested, to the registered

18  owner of each vessel, if the registered owner is a person

19  other than the defendant, and to each person of record

20  claiming a lien against the vessel.

21         (e)  A person who owns but was not operating the vessel

22  when the offense occurred may submit to the court a police

23  report indicating that the vessel was stolen at the time of

24  the offense or documentation of having purchased the vessel

25  after the offense was committed from an entity other than the

26  defendant or the defendant's agent. If the court finds that

27  the vessel was stolen or that the sale was not made to

28  circumvent the order and allow the defendant continued access

29  to the vessel, the order must be dismissed and the owner of

30  the vessel will incur no costs. If the court denies the

31  

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  request to dismiss the order of impoundment or immobilization,

 2  the petitioner may request an evidentiary hearing.

 3         (f)  A person who owns but was not operating the vessel

 4  when the offense occurred, and whose vessel was stolen or who

 5  purchased the vessel after the offense was committed directly

 6  from the defendant or the defendant's agent, may request an

 7  evidentiary hearing to determine whether the impoundment or

 8  immobilization should occur. If the court finds that either

 9  the vessel was stolen or the purchase was made without

10  knowledge of the offense, that the purchaser had no

11  relationship to the defendant other than through the

12  transaction, and that such purchase would not circumvent the

13  order and allow the defendant continued access to the vessel,

14  the order must be dismissed and the owner of the vessel will

15  incur no costs.

16         (g)  All costs and fees for the impoundment or

17  immobilization, including the cost of notification, must be

18  paid by the owner of the vessel or, if the vessel is leased or

19  rented, by the person leasing or renting the vessel, unless

20  the impoundment or immobilization order is dismissed.

21         (h)  The person who owns a vessel that is impounded or

22  immobilized under this paragraph, or a person who has a lien

23  of record against such a vessel and who has not requested a

24  review of the impoundment pursuant to paragraph (e) or

25  paragraph (f), may, within 10 days after the date that person

26  has knowledge of the location of the vessel, file a complaint

27  in the county in which the owner resides to determine whether

28  the vessel was wrongfully taken or withheld from the owner or

29  lienholder. Upon the filing of a complaint, the owner or

30  lienholder may have the vessel released by posting with the

31  court a bond or other adequate security equal to the amount of

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    14-1602-04                                          See HB 307




 1  the costs and fees for impoundment or immobilization,

 2  including towing or storage, to ensure the payment of the

 3  costs and fees if the owner or lienholder does not prevail.

 4  When the bond is posted and the fee is paid as set forth in s.

 5  28.24, the clerk of the court shall issue a certificate

 6  releasing the vessel. At the time of release, after reasonable

 7  inspection, the owner or lienholder must give a receipt to the

 8  towing or storage company indicating any loss or damage to the

 9  vessel or to the contents of the vessel.

10         (i)  A defendant, in the court's discretion, may be

11  required to serve all or any portion of a term of imprisonment

12  to which the defendant has been sentenced pursuant to this

13  section in a residential alcoholism treatment program or a

14  residential drug abuse treatment program. Any time spent in

15  such a program must be credited by the court toward the term

16  of imprisonment.

17  

18  For the purposes of this section, any conviction for a

19  violation of s. 316.193, a previous conviction for the

20  violation of former s. 316.1931, former s. 860.01, or former

21  s. 316.028, or a previous conviction outside this state for

22  driving under the influence, driving while intoxicated,

23  driving with an unlawful blood-alcohol level, driving with an

24  unlawful breath-alcohol level, or any other similar

25  alcohol-related or drug-related traffic offense, is also

26  considered a previous conviction for violation of this

27  section.

28         Section 32.  For the purpose of incorporating the

29  amendment to section 316.193, Florida Statutes, in references

30  thereto, subsection (10) of section 397.405, Florida Statutes,

31  is reenacted to read:

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    14-1602-04                                          See HB 307




 1         397.405  Exemptions from licensure.--The following are

 2  exempt from the licensing provisions of this chapter:

 3         (10)  DUI education and screening services provided

 4  pursuant to ss. 316.192, 316.193, 322.095, 322.271, and

 5  322.291. Persons or entities providing treatment services must

 6  be licensed under this chapter unless exempted from licensing

 7  as provided in this section.

 8  

 9  The exemptions from licensure in this section do not apply to

10  any service provider that receives an appropriation, grant, or

11  contract from the state to operate as a service provider as

12  defined in this chapter or to any substance abuse program

13  regulated pursuant to s. 397.406. Furthermore, this chapter

14  may not be construed to limit the practice of a physician

15  licensed under chapter 458 or chapter 459, a psychologist

16  licensed under chapter 490, or a psychotherapist licensed

17  under chapter 491 who provides substance abuse treatment, so

18  long as the physician, psychologist, or psychotherapist does

19  not represent to the public that he or she is a licensed

20  service provider and does not provide services to clients

21  pursuant to part V of this chapter. Failure to comply with any

22  requirement necessary to maintain an exempt status under this

23  section is a misdemeanor of the first degree, punishable as

24  provided in s. 775.082 or s. 775.083.

25         Section 33.  For the purpose of incorporating the

26  amendment to section 316.193, Florida Statutes, in references

27  thereto, paragraph (c) of subsection (17) of section 440.02,

28  Florida Statutes, is reenacted to read:

29         440.02  Definitions.--When used in this chapter, unless

30  the context clearly requires otherwise, the following terms

31  shall have the following meanings:

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    14-1602-04                                          See HB 307




 1         (17)

 2         (c)  "Employment" does not include service performed by

 3  or as:

 4         1.  Domestic servants in private homes.

 5         2.  Agricultural labor performed on a farm in the

 6  employ of a bona fide farmer, or association of farmers, that

 7  employs 5 or fewer regular employees and that employs fewer

 8  than 12 other employees at one time for seasonal agricultural

 9  labor that is completed in less than 30 days, provided such

10  seasonal employment does not exceed 45 days in the same

11  calendar year. The term "farm" includes stock, dairy, poultry,

12  fruit, fur-bearing animals, fish, and truck farms, ranches,

13  nurseries, and orchards. The term "agricultural labor"

14  includes field foremen, timekeepers, checkers, and other farm

15  labor supervisory personnel.

16         3.  Professional athletes, such as professional boxers,

17  wrestlers, baseball, football, basketball, hockey, polo,

18  tennis, jai alai, and similar players, and motorsports teams

19  competing in a motor racing event as defined in s. 549.08.

20         4.  Labor under a sentence of a court to perform

21  community services as provided in s. 316.193.

22         5.  State prisoners or county inmates, except those

23  performing services for private employers or those enumerated

24  in s. 948.03(8)(a).

25         Section 34.  For the purpose of incorporating the

26  amendment to section 316.193, Florida Statutes, in references

27  thereto, paragraph (b) of subsection (7) of section 440.09,

28  Florida Statutes, is reenacted to read:

29         440.09  Coverage.--

30         (7)

31  

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    14-1602-04                                          See HB 307




 1         (b)  If the employee has, at the time of the injury, a

 2  blood alcohol level equal to or greater than the level

 3  specified in s. 316.193, or if the employee has a positive

 4  confirmation of a drug as defined in this act, it is presumed

 5  that the injury was occasioned primarily by the intoxication

 6  of, or by the influence of the drug upon, the employee. If the

 7  employer has implemented a drug-free workplace, this

 8  presumption may be rebutted only by evidence that there is no

 9  reasonable hypothesis that the intoxication or drug influence

10  contributed to the injury. In the absence of a drug-free

11  workplace program, this presumption may be rebutted by clear

12  and convincing evidence that the intoxication or influence of

13  the drug did not contribute to the injury. Percent by weight

14  of alcohol in the blood must be based upon grams of alcohol

15  per 100 milliliters of blood. If the results are positive, the

16  testing facility must maintain the specimen for a minimum of

17  90 days. Blood serum may be used for testing purposes under

18  this chapter; however, if this test is used, the presumptions

19  under this section do not arise unless the blood alcohol level

20  is proved to be medically and scientifically equivalent to or

21  greater than the comparable blood alcohol level that would

22  have been obtained if the test were based on percent by weight

23  of alcohol in the blood. However, if, before the accident, the

24  employer had actual knowledge of and expressly acquiesced in

25  the employee's presence at the workplace while under the

26  influence of such alcohol or drug, the presumptions specified

27  in this subsection do not apply.

28         Section 35.  For the purpose of incorporating the

29  amendment to section 316.193, Florida Statutes, in references

30  thereto, paragraph (d) of subsection (1) of section 493.6106,

31  Florida Statutes, is reenacted to read:

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    14-1602-04                                          See HB 307




 1         493.6106  License requirements; posting.--

 2         (1)  Each individual licensed by the department must:

 3         (d)  Not be a chronic and habitual user of alcoholic

 4  beverages to the extent that her or his normal faculties are

 5  impaired; not have been committed under chapter 397, former

 6  chapter 396, or a similar law in any other state; not have

 7  been found to be a habitual offender under s. 856.011(3) or a

 8  similar law in any other state; and not have had two or more

 9  convictions under s. 316.193 or a similar law in any other

10  state within the 3-year period immediately preceding the date

11  the application was filed, unless the individual establishes

12  that she or he is not currently impaired and has successfully

13  completed a rehabilitation course.

14         Section 36.  For the purpose of incorporating the

15  amendment to section 316.193, Florida Statutes, in references

16  thereto, subsection (4) of section 627.758, Florida Statutes,

17  is reenacted to read:

18         627.758  Surety on auto club traffic arrest bond;

19  conditions, limit; bail bond.--

20         (4)  Notwithstanding the provisions of s. 626.311 or

21  chapter 648, any surety insurer identified in a guaranteed

22  traffic arrest bond certificate or any licensed general lines

23  agent of the surety insurer may execute a bail bond for the

24  automobile club or association member identified in the

25  guaranteed traffic arrest bond certificate in an amount not in

26  excess of $5,000 for any violation of chapter 316 or any

27  similar traffic law or ordinance except for driving under the

28  influence of alcoholic beverages, chemical substances, or

29  controlled substances, as prohibited by s. 316.193.

30         Section 37.  For the purpose of incorporating the

31  amendment to section 316.193, Florida Statutes, in references

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 1  thereto, paragraph (f) of subsection (2) and paragraph (f) of

 2  subsection (10) of section 790.06, Florida Statutes, are

 3  reenacted to read:

 4         790.06  License to carry concealed weapon or firearm.--

 5         (2)  The Department of Agriculture and Consumer

 6  Services shall issue a license if the applicant:

 7         (f)  Does not chronically and habitually use alcoholic

 8  beverages or other substances to the extent that his or her

 9  normal faculties are impaired. It shall be presumed that an

10  applicant chronically and habitually uses alcoholic beverages

11  or other substances to the extent that his or her normal

12  faculties are impaired if the applicant has been committed

13  under chapter 397 or under the provisions of former chapter

14  396 or has been convicted under s. 790.151 or has been deemed

15  a habitual offender under s. 856.011(3), or has had two or

16  more convictions under s. 316.193 or similar laws of any other

17  state, within the 3-year period immediately preceding the date

18  on which the application is submitted;

19         (10)  A license issued under this section shall be

20  suspended or revoked pursuant to chapter 120 if the licensee:

21         (f)  Is convicted of a second violation of s. 316.193,

22  or a similar law of another state, within 3 years of a

23  previous conviction of such section, or similar law of another

24  state, even though the first violation may have occurred prior

25  to the date on which the application was submitted;

26         Section 38.  For the purpose of incorporating the

27  amendment to section 316.193, Florida Statutes, in references

28  thereto, subsection (2) of section 903.36, Florida Statutes,

29  is reenacted to read:

30         903.36  Guaranteed arrest bond certificates as cash

31  bail.--

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    14-1602-04                                          See HB 307




 1         (2)  The execution of a bail bond by a licensed general

 2  lines agent of a surety insurer for the automobile club or

 3  association member identified in the guaranteed traffic arrest

 4  bond certificate, as provided in s. 627.758(4), shall be

 5  accepted as bail in an amount not to exceed $5,000 for the

 6  appearance of the person named in the certificate in any court

 7  to answer for the violation of a provision of chapter 316 or a

 8  similar traffic law or ordinance, except driving under the

 9  influence of alcoholic beverages, chemical substances, or

10  controlled substances, as prohibited by s. 316.193.

11  Presentation of the guaranteed traffic arrest bond certificate

12  and a power of attorney from the surety insurer for its

13  licensed general lines agents is authorization for such agent

14  to execute the bail bond.

15         Section 39.  For the purpose of incorporating the

16  amendment to section 316.193, Florida Statutes, in references

17  thereto, paragraph (c) of subsection (4) of section 907.041,

18  Florida Statutes, is reenacted to read:

19         907.041  Pretrial detention and release.--

20         (4)  PRETRIAL DETENTION.--

21         (c)  The court may order pretrial detention if it finds

22  a substantial probability, based on a defendant's past and

23  present patterns of behavior, the criteria in s. 903.046, and

24  any other relevant facts, that any of the following

25  circumstances exists:

26         1.  The defendant has previously violated conditions of

27  release and that no further conditions of release are

28  reasonably likely to assure the defendant's appearance at

29  subsequent proceedings;

30         2.  The defendant, with the intent to obstruct the

31  judicial process, has threatened, intimidated, or injured any

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 1  victim, potential witness, juror, or judicial officer, or has

 2  attempted or conspired to do so, and that no condition of

 3  release will reasonably prevent the obstruction of the

 4  judicial process;

 5         3.  The defendant is charged with trafficking in

 6  controlled substances as defined by s. 893.135, that there is

 7  a substantial probability that the defendant has committed the

 8  offense, and that no conditions of release will reasonably

 9  assure the defendant's appearance at subsequent criminal

10  proceedings; or

11         4.  The defendant is charged with DUI manslaughter, as

12  defined by s. 316.193, and that there is a substantial

13  probability that the defendant committed the crime and that

14  the defendant poses a threat of harm to the community;

15  conditions that would support a finding by the court pursuant

16  to this subparagraph that the defendant poses a threat of harm

17  to the community include, but are not limited to, any of the

18  following:

19         a.  The defendant has previously been convicted of any

20  crime under s. 316.193, or of any crime in any other state or

21  territory of the United States that is substantially similar

22  to any crime under s. 316.193;

23         b.  The defendant was driving with a suspended driver's

24  license when the charged crime was committed; or

25         c.  The defendant has previously been found guilty of,

26  or has had adjudication of guilt withheld for, driving while

27  the defendant's driver's license was suspended or revoked in

28  violation of s. 322.34;

29         5.  The defendant poses the threat of harm to the

30  community. The court may so conclude, if it finds that the

31  defendant is presently charged with a dangerous crime, that

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 1  there is a substantial probability that the defendant

 2  committed such crime, that the factual circumstances of the

 3  crime indicate a disregard for the safety of the community,

 4  and that there are no conditions of release reasonably

 5  sufficient to protect the community from the risk of physical

 6  harm to persons.

 7         6.  The defendant was on probation, parole, or other

 8  release pending completion of sentence or on pretrial release

 9  for a dangerous crime at the time the current offense was

10  committed; or

11         7.  The defendant has violated one or more conditions

12  of pretrial release or bond for the offense currently before

13  the court and the violation, in the discretion of the court,

14  supports a finding that no conditions of release can

15  reasonably protect the community from risk of physical harm to

16  persons or assure the presence of the accused at trial.

17         Section 40.  For the purpose of incorporating the

18  amendments to sections 316.193 and 327.35, Florida Statutes,

19  in references thereto, section 938.07, Florida Statutes, is

20  reenacted to read:

21         938.07  Driving or boating under the

22  influence.--Notwithstanding any other provision of s. 316.193

23  or s. 327.35, a court cost of $135 shall be added to any fine

24  imposed pursuant to s. 316.193 or s. 327.35. The clerks shall

25  remit the funds to the Department of Revenue, $25 of which

26  shall be deposited in the Emergency Medical Services Trust

27  Fund, $50 shall be deposited in the Criminal Justice Standards

28  and Training Trust Fund of the Department of Law Enforcement

29  to be used for operational expenses in conducting the

30  statewide criminal analysis laboratory system established in

31  

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  s. 943.32, and $60 shall be deposited in the Brain and Spinal

 2  Cord Injury Rehabilitation Trust Fund created in s. 381.79.

 3         Section 41.  For the purpose of incorporating the

 4  amendment to section 316.193, Florida Statutes, in references

 5  thereto, section 938.21, Florida Statutes, is reenacted to

 6  read:

 7         938.21  Alcohol and drug abuse

 8  programs.--Notwithstanding any provision to the contrary of

 9  the laws of this state, the court may assess for alcohol and

10  other drug abuse programs as provided in s. 893.165 any

11  defendant who pleads guilty or nolo contendere to, or is

12  convicted of, a violation of any provision of chapter 893 or

13  which involves a criminal violation of s. 316.193, s. 856.011,

14  s. 856.015, or chapter 562, chapter 567, or chapter 568, in

15  addition to any fine and other penalty provided by law, a

16  court cost in an amount up to the amount of the fine

17  authorized for the violation. The court is authorized to order

18  a defendant to pay an additional assessment if it finds that

19  the defendant has the ability to pay the fine and the

20  additional assessment and will not be prevented thereby from

21  being rehabilitated or from making restitution.

22         Section 42.  For the purpose of incorporating the

23  amendment to section 316.193, Florida Statutes, in references

24  thereto, subsection (1) of section 938.23, Florida Statutes,

25  is reenacted to read:

26         938.23  Assistance grants for alcohol and other drug

27  abuse programs.--

28         (1)  In addition to any fine imposed by law for any

29  criminal offense under chapter 893 or for any criminal

30  violation of s. 316.193, s. 856.011, s. 856.015, or chapter

31  562, chapter 567, or chapter 568, the court shall be

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    14-1602-04                                          See HB 307




 1  authorized, pursuant to the requirements of s. 938.21, to

 2  impose an additional assessment in an amount up to the amount

 3  of the fine authorized for the offense. Such additional

 4  assessments shall be deposited for the purpose of providing

 5  assistance grants to drug abuse treatment or alcohol treatment

 6  or education programs as provided in s. 893.165.

 7         Section 43.  For the purpose of incorporating the

 8  amendment to section 316.193, Florida Statutes, in references

 9  thereto, paragraph (d) of subsection (2) of section 943.05,

10  Florida Statutes, is reenacted to read:

11         943.05  Criminal Justice Information Program; duties;

12  crime reports.--

13         (2)  The program shall:

14         (d)  Adopt rules to effectively and efficiently

15  implement, administer, manage, maintain, and use the automated

16  fingerprint identification system and uniform offense reports

17  and arrest reports. The rules shall be considered minimum

18  requirements and shall not preclude a criminal justice agency

19  from implementing its own enhancements. However, rules and

20  forms prescribing uniform arrest or probable cause affidavits

21  and alcohol influence reports to be used by all law

22  enforcement agencies in making DUI arrests under s. 316.193

23  shall be adopted, and shall be used by all law enforcement

24  agencies in this state. The rules and forms prescribing such

25  uniform affidavits and reports shall be adopted and

26  implemented by July 1, 2004. Failure to use these uniform

27  affidavits and reports, however, shall not prohibit

28  prosecution under s. 316.193.

29         Section 44.  For the purpose of incorporating the

30  amendment to section 316.193, Florida Statutes, in references

31  

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 1  thereto, paragraph (b) of subsection (8) of section 948.03,

 2  Florida Statutes, is reenacted to read:

 3         948.03  Terms and conditions of probation or community

 4  control.--

 5         (8)

 6         (b)  In determining the average weekly wage, unless

 7  otherwise determined by a specific funding program, all

 8  remuneration received from the employer shall be considered a

 9  gratuity, and the offender shall not be entitled to any

10  benefits otherwise payable under s. 440.15, regardless of

11  whether the offender may be receiving wages and remuneration

12  from other employment with another employer and regardless of

13  his or her future wage-earning capacity. The provisions of

14  this subsection do not apply to any person performing labor

15  under a sentence of a court to perform community services as

16  provided in s. 316.193.

17         Section 45.  For the purpose of incorporating the

18  amendment to section 316.193, Florida Statutes, in references

19  thereto, paragraph (b) of subsection (3) of section 960.03,

20  Florida Statutes, is reenacted to read:

21         960.03  Definitions; ss. 960.01-960.28.--As used in ss.

22  960.01-960.28, unless the context otherwise requires, the

23  term:

24         (3)  "Crime" means:

25         (b)  A violation of s. 316.193, s. 316.027(1), s.

26  327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results

27  in physical injury or death; however, no other act involving

28  the operation of a motor vehicle, boat, or aircraft which

29  results in injury or death shall constitute a crime for the

30  purpose of this chapter unless the injury or death was

31  intentionally inflicted through the use of such vehicle, boat,

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 1  or aircraft or unless such vehicle, boat, or aircraft is an

 2  implement of a crime to which this act applies.

 3         Section 46.  For the purpose of incorporating the

 4  amendment to section 327.35, Florida Statutes, in references

 5  thereto, subsection (3) of section 327.352, Florida Statutes,

 6  is reenacted to read:

 7         327.352  Tests for alcohol, chemical substances, or

 8  controlled substances; implied consent; refusal.--

 9         (3)  Notwithstanding any provision of law pertaining to

10  the confidentiality of hospital records or other medical

11  records, information relating to the alcoholic content of the

12  blood or breath or the presence of chemical substances or

13  controlled substances in the blood obtained pursuant to this

14  section shall be released to a court, prosecuting attorney,

15  defense attorney, or law enforcement officer in connection

16  with an alleged violation of s. 327.35 upon request for such

17  information.

18         Section 47.  For the purpose of incorporating the

19  amendment to section 327.35, Florida Statutes, in references

20  thereto, subsections (1) and (2) of section 327.35215, Florida

21  Statutes, are reenacted to read:

22         327.35215  Penalty for failure to submit to test.--

23         (1)  A person who is lawfully arrested for an alleged

24  violation of s. 327.35 and who refuses to submit to a blood

25  test, breath test, or urine test pursuant to s. 327.352 is

26  subject to a civil penalty of $500.

27         (2)  When a person refuses to submit to a blood test,

28  breath test, or urine test pursuant to s. 327.352, a law

29  enforcement officer who is authorized to make arrests for

30  violations of this chapter shall file with the clerk of the

31  court, on a form provided by the department, a certified

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    Florida Senate - 2004                                  SB 2030
    14-1602-04                                          See HB 307




 1  statement that probable cause existed to arrest the person for

 2  a violation of s. 327.35 and that the person refused to submit

 3  to a test as required by s. 327.352. Along with the statement,

 4  the officer must also submit a sworn statement on a form

 5  provided by the department that the person has been advised of

 6  both the penalties for failure to submit to the blood, breath,

 7  or urine test and the procedure for requesting a hearing.

 8         Section 48.  For the purpose of incorporating the

 9  amendment to section 327.35, Florida Statutes, in references

10  thereto, subsection (4) of section 327.353, Florida Statutes,

11  is reenacted to read:

12         327.353  Blood test for impairment or intoxication in

13  cases of death or serious bodily injury; right to use

14  reasonable force.--

15         (4)  Notwithstanding any provision of law pertaining to

16  the confidentiality of hospital records or other medical

17  records, information relating to the alcoholic content of the

18  blood or the presence of chemical substances or controlled

19  substances in the blood obtained pursuant to this section

20  shall be released to a court, prosecuting attorney, defense

21  attorney, or law enforcement officer in connection with an

22  alleged violation of s. 327.35 upon request for such

23  information.

24         Section 49.  For the purpose of incorporating the

25  amendment to section 327.35, Florida Statutes, in references

26  thereto, subsections (1) and (4) of section 327.354, Florida

27  Statutes, are reenacted to read:

28         327.354  Presumption of impairment; testing methods.--

29         (1)  It is unlawful and punishable as provided in s.

30  327.35 for any person who is under the influence of alcoholic

31  beverages or controlled substances, when affected to the

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    14-1602-04                                          See HB 307




 1  extent that the person's normal faculties are impaired or to

 2  the extent that the person is deprived of full possession of

 3  normal faculties, to operate any vessel within this state.

 4  Such normal faculties include, but are not limited to, the

 5  ability to see, hear, walk, talk, judge distances, drive an

 6  automobile, make judgments, act in emergencies, and, in

 7  general, normally perform the many mental and physical acts of

 8  daily life.

 9         (4)  Any person charged with a violation of s. 327.35

10  is entitled to trial by jury according to the Florida Rules of

11  Criminal Procedure.

12         Section 50.  For the purpose of incorporating the

13  amendment to section 327.35, Florida Statutes, in references

14  thereto, paragraph (a) of subsection (1) and subsection (4) of

15  section 327.355, Florida Statutes, are reenacted to read:

16         327.355  Operation of vessels by persons under 21 years

17  of age who have consumed alcoholic beverages.--

18         (1)(a)  Notwithstanding s. 327.35, it is unlawful for a

19  person under the age of 21 who has a breath-alcohol level of

20  0.02 or higher to operate or be in actual physical control of

21  a vessel.

22         (4)  A violation of this section is a noncriminal

23  infraction, and being detained pursuant to this section does

24  not constitute an arrest. This section does not bar

25  prosecution under s. 327.35, and the penalties provided herein

26  shall be imposed in addition to any other penalty provided for

27  boating under the influence or for refusal to submit to

28  testing.

29         Section 51.  For the purpose of incorporating the

30  amendment to section 327.35, Florida Statutes, in references

31  

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 1  thereto, subsection (2) of section 327.359, Florida Statutes,

 2  is reenacted to read:

 3         327.359  Refusal to submit to testing; penalties.--Any

 4  person who has refused to submit to a chemical or physical

 5  test of his or her breath, blood, or urine, as described in s.

 6  327.352, and who has been previously fined for refusal to

 7  submit to a lawful test of his or her breath, urine, or blood,

 8  and:

 9         (2)  Who was placed under lawful arrest for a violation

10  of s. 327.35 unless such test was requested pursuant to s.

11  327.352(1)(c);

12  

13  commits a misdemeanor of the first degree and is subject to

14  punishment as provided in s. 775.082 or s. 775.083.

15         Section 52.  For the purpose of incorporating the

16  amendment to section 327.35, Florida Statutes, in references

17  thereto, section 327.36, Florida Statutes, is reenacted to

18  read:

19         327.36  Mandatory adjudication; prohibition against

20  accepting plea to lesser included offense.--

21         (1)  Notwithstanding the provisions of s. 948.01, no

22  court may suspend, defer, or withhold adjudication of guilt or

23  imposition of sentence for any violation of s. 327.35, for

24  manslaughter resulting from the operation of a vessel, or for

25  vessel homicide.

26         (2)(a)  No trial judge may accept a plea of guilty to a

27  lesser offense from a person who is charged with a violation

28  of s. 327.35, manslaughter resulting from the operation of a

29  vessel, or vessel homicide and who has been given a breath or

30  blood test to determine blood or breath alcohol content, the

31  

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 1  results of which show a blood-alcohol level or breath-alcohol

 2  level of 0.16 or more.

 3         (b)  A trial judge may not accept a plea of guilty to a

 4  lesser offense from a person charged with a felony violation

 5  of s. 327.35, manslaughter resulting from the operation of a

 6  vessel, or vessel homicide.

 7         Section 53.  This act shall take effect October 1,

 8  2004.

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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