Senate Bill sb2030c1

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    Florida Senate - 2004                           CS for SB 2030

    By the Committee on Transportation; and Senator Smith





    306-2632-04

  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; creating s. 322.2715,

11         F.S.; directing the Department of Highway

12         Safety and Motor Vehicles to require placement

13         of a department-approved ignition interlock

14         device on specified vehicles operated by any

15         person convicted of committing certain

16         driving-under-the-influence offenses;

17         specifying the duration of each installation

18         period based upon the number of DUI

19         convictions; directing the department to

20         require installation of the ignition interlock

21         if the court fails to order the mandatory

22         placement of the device or fails to order

23         placement for the applicable period; amending

24         s. 322.292, F.S.; requiring the Department of

25         Highway Safety and Motor Vehicles to approve a

26         DUI program provider to serve a county with

27         fewer than 200 DUI convictions and no permanent

28         satellite office under certain specified

29         conditions; providing that the DUI program

30         provider is not required to have a satellite

31         office in each county in the circuit; amending

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 1         s. 327.35, F.S.; revising level of alcohol

 2         content in blood or breath at which certain

 3         penalties shall apply for the offense of

 4         boating under the influence; reenacting ss.

 5         316.066(3)(a), 316.072(4)(b), 316.1932(3),

 6         316.1933(4), 316.1934(1) and (4), 316.1937(1)

 7         and (2)(d), 316.1939(1)(b), 318.143(4) and (5),

 8         318.17(3), 322.03(2), 322.0602(2)(a),

 9         322.21(8), 322.25(5), 322.26(1)(a),

10         322.2615(1), (2), (7), (8)(b), (10)(b), and

11         (14), 322.2616(1)(a), (15), and (19),

12         322.264(1)(b), 322.271(2)(a), (2)(c), and (4),

13         322.28(2), 322.282(2)(a), 322.291(1)(a),

14         322.34(9)(a), 322.44, 322.62(3), 322.63(2)(d)

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

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

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

18         493.6106(1)(d), 627.758(4), 790.06(2)(f) and

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

20         938.21, 938.23(1), 943.05(2)(d), 948.03(8)(b),

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

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

23         thereto; reenacting ss. 327.352(3),

24         327.35215(1) and (2), 327.353(4), 327.354(1)

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

26         327.36, and 938.07, F.S.; incorporating the

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

28         thereto; providing an effective date.

29  

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

31  

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

 2  Statutes, is amended to read:

 3         316.193  Driving under the influence; penalties.--

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

 5  the influence and is subject to punishment as provided in

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

 7  control of a vehicle within this state and:

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

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

10  any substance controlled under chapter 893, when affected to

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

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

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

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

15  more grams of alcohol per 210 liters of breath.

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

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

18  violation of subsection (1) shall be punished:

19         1.  By a fine of:

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

21  conviction.

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

23  conviction; and

24         2.  By imprisonment for:

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

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

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

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

29  expense, of an ignition interlock device approved by the

30  department in accordance with s. 316.1938 upon all vehicles

31  that are individually or jointly leased or owned and routinely

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 1  operated by the convicted person, when the convicted person

 2  qualifies for a permanent or restricted license. The

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

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

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

 6  after a prior conviction for a violation of this section

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

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

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

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

11  an ignition interlock device approved by the department in

12  accordance with s. 316.1938 upon all vehicles that are

13  individually or jointly leased or owned and routinely operated

14  by the convicted person, when the convicted person qualifies

15  for a permanent or restricted license. The installation of

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

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

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

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

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

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

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

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

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

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

26  all vehicles that are individually or jointly leased or owned

27  and routinely operated by the convicted person, when the

28  convicted person qualifies for a permanent or restricted

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

30  July 1, 2003.

31  

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

 2  subsequent violation of this section, regardless of when any

 3  prior conviction for a violation of this section occurred,

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

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

 6  imposed for such fourth or subsequent violation may be not

 7  less than $1,000.

 8         (3)  Any person:

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

10         (b)  Who operates a vehicle; and

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

12  contributes to causing:

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

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

15  s. 775.082 or s. 775.083.

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

17  316.1933, commits a felony of the third degree, punishable as

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

19         3.  The death of any human being commits DUI

20  manslaughter, and commits:

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

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

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

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

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

26  should have known, that the crash occurred; and

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

28  aid as required by s. 316.062.

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

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

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

 4         1.(a)  By a fine of:

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

 6  first conviction.

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

 8  second conviction.

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

10  conviction.

11         2.(b)  By imprisonment for:

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

13         b.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 0.20

18  or higher.

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

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

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

22  ignition interlock device approved by the department in

23  accordance with s. 316.1938 upon all vehicles that are

24  individually or jointly leased or owned and routinely operated

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

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

27  the convicted person qualifies for a permanent or restricted

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

29  July 1, 2003.

30  

31  

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

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

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

 4  or higher.

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

 6  violating this section on monthly reporting probation and

 7  shall require completion of a substance abuse course conducted

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

 9  which must include a psychosocial evaluation of the offender.

10  If the DUI program refers the offender to an authorized

11  substance abuse treatment provider for substance abuse

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

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

14  and treatment is a condition of reporting probation. The

15  offender shall assume reasonable costs for such education,

16  evaluation, and treatment. The referral to treatment resulting

17  from a psychosocial evaluation shall not be waived without a

18  supporting independent psychosocial evaluation conducted by an

19  authorized substance abuse treatment provider appointed by the

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

21  psychosocial evaluation before the independent psychosocial

22  evaluation is conducted. The court shall review the results

23  and recommendations of both evaluations before determining the

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

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

26  alcohol or any substance named or described in Schedules I

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

28  under this subsection fails to report for or complete such

29  treatment or fails to complete the DUI program substance abuse

30  education course and evaluation, the DUI program shall notify

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

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

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

 3  suspension or revocation of the driving privilege. The

 4  department may temporarily reinstate the driving privilege on

 5  a restricted basis upon verification from the DUI program that

 6  the offender is currently participating in treatment and the

 7  DUI education course and evaluation requirement has been

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

 9  second failure to complete treatment, the department shall

10  reinstate the driving privilege only after notice of

11  completion of treatment from the DUI program. The organization

12  that conducts the substance abuse education and evaluation may

13  not provide required substance abuse treatment unless a waiver

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

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

16  accordance with its rules, that the service provider that

17  conducts the substance abuse education and evaluation is the

18  most appropriate service provider and is licensed under

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

20  referral report shall be submitted quarterly to the department

21  by each organization authorized to provide services under this

22  section.

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

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

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

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

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

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

29  defendant to participate in public service or a community work

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

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

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 1  each hour of public service or community work otherwise

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

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

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

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

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

 7  condition of probation, order the impoundment or

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

 9  actual control of the defendant or any one vehicle registered

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

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

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

13  days. The impoundment or immobilization must not occur

14  concurrently with the incarceration of the defendant. The

15  impoundment or immobilization order may be dismissed in

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

17  or paragraph (h).

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

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

20  conviction for violation of this section, the court shall

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

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

23  immobilization of all vehicles owned by the defendant at the

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

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

26  that expires within 30 days. The impoundment or immobilization

27  must not occur concurrently with the incarceration of the

28  defendant and must occur concurrently with the driver's

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

30  impoundment or immobilization order may be dismissed in

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

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

 2  consecutive.

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

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

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

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

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

 8  or immobilization of all vehicles owned by the defendant at

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

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

11  agreement that expires within 90 days. The impoundment or

12  immobilization must not occur concurrently with the

13  incarceration of the defendant and must occur concurrently

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

15  322.28(2)(a)3. The impoundment or immobilization order may be

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

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

18  confinement must be consecutive.

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

20  defendant issue an order for the impoundment or immobilization

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

22  court issues the order of impoundment or immobilization, the

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

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

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

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

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

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

29  police report indicating that the vehicle was stolen at the

30  time of the offense or documentation of having purchased the

31  vehicle after the offense was committed from an entity other

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

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

 3  made to circumvent the order and allow the defendant continued

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

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

 6  the request to dismiss the order of impoundment or

 7  immobilization, the petitioner may request an evidentiary

 8  hearing.

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

10  vehicle when the offense occurred, and whose vehicle was

11  stolen or who purchased the vehicle after the offense was

12  committed directly from the defendant or the defendant's

13  agent, may request an evidentiary hearing to determine whether

14  the impoundment or immobilization should occur. If the court

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

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

17  no relationship to the defendant other than through the

18  transaction, and that such purchase would not circumvent the

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

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

21  incur no costs.

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

23  impoundment or immobilization of the vehicle if the court

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

25  private or public means of transportation.

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

27  impoundment or immobilization of any vehicles that are owned

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

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

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

31  immobilization, including the cost of notification, must be

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

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

 3  unless the impoundment or immobilization order is dismissed.

 4  All provisions of s. 713.78 shall apply.

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

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

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

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

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

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

11  complaint in the county in which the owner resides to

12  determine whether the vehicle was wrongfully taken or withheld

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

14  the owner or lienholder may have the vehicle released by

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

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

17  immobilization, including towing or storage, to ensure the

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

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

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

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

22  after reasonable inspection, the owner or lienholder must give

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

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

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

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

27  to which the defendant has been sentenced pursuant to this

28  section in a residential alcoholism treatment program or a

29  residential drug abuse treatment program. Any time spent in

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

31  of imprisonment.

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 1  

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

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

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

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

 6  driving under the influence, driving while intoxicated,

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

 8  unlawful breath-alcohol level, or any other similar

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

10  considered a previous conviction for violation of this

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

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

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

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

15  additional period of time in public service or a community

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

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

18  determining such additional sentence, the court shall consider

19  the amount of the unpaid portion of the fine and the

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

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

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

23  sentencing.

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

25  civil suit for damages against the person so convicted.

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

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

28  clerk shall provide any person charged with a violation of

29  this section with notice that upon conviction the court shall

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

31  offender should make arrangements for transportation at any

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

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

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

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

 5  section may not be released from custody:

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

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

 8  877.111, or any substance controlled under chapter 893 and

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

10  impaired;

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

12  breath-alcohol level is less than 0.05; or

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

14  person was arrested.

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

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

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

18  evidence from the administrative proceedings or any written

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

20  administrative review is inadmissible into evidence or for any

21  other purpose in any criminal proceeding, unless timely

22  disclosed in criminal discovery pursuant to Rule 3.220,

23  Florida Rules of Criminal Procedure.

24         (11)  The Department of Highway Safety and Motor

25  Vehicles is directed to adopt rules providing for the

26  implementation of the use of ignition interlock devices.

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

28  Statutes, is amended to read:

29         316.656  Mandatory adjudication; prohibition against

30  accepting plea to lesser included offense.--

31  

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

 2  lesser offense from a person charged under the provisions of

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

 4  determine blood or breath alcohol content, the results of

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

 6  0.20 percent or more.

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

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

 9  316.193(3), manslaughter resulting from the operation of a

10  motor vehicle, or vehicular homicide.

11         Section 3.  Section 322.2715, Florida Statutes, is

12  created to read:

13         322.2715  Ignition interlock device.--

14         (1)  Before issuing a permanent or restricted driver's

15  license under this chapter, the department shall require the

16  placement of a department-approved ignition interlock device

17  for any person convicted of committing an offense of driving

18  under the influence as specified in subsection (3). An

19  interlock device shall be placed on all vehicles that are

20  individually or jointly leased or owned and routinely operated

21  by the convicted person.

22         (2)  For purposes of this section, any conviction for a

23  violation of s. 316.193, a previous conviction for a violation

24  of former s. 316.1931, or a conviction outside this state for

25  driving under the influence, driving while intoxicated,

26  driving with an unlawful blood alcohol level, or any other

27  similar alcohol-related or drug-related traffic offense is a

28  conviction of driving under the influence.

29         (3)  If the person is convicted of:

30         (a)  A first offense of driving under the influence

31  under s. 316.193 and has an unlawful blood alcohol level or

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 1  breath alcohol level as specified in s. 316.193(4), or if a

 2  person is convicted of a violation of s. 316.193 and was at

 3  the time of the offense accompanied in the vehicle by a person

 4  under the age of 18 years, the person shall have the ignition

 5  interlock device installed for 6 months for the first offense

 6  and for at least 2 years for a second offense.

 7         (b)  A second offense of driving under the influence,

 8  the ignition interlock device shall be installed for a period

 9  of not less than 1 year.

10         (c)  A third offense of driving under the influence

11  which occurs within 10 years after a prior conviction for a

12  violation of s. 316.193, the ignition interlock device shall

13  be installed for a period of not less than 2 years.

14         (d)  A third offense of driving under the influence

15  which occurs more than 10 years after the date of a prior

16  conviction, the ignition interlock device shall be installed

17  for a period of not less than 2 years.

18         (4)  If the court fails to order the mandatory

19  placement of the ignition interlock device or fails to order

20  for the applicable period the mandatory placement of an

21  ignition interlock device under s. 316.193 or s. 316.1937 at

22  the time of imposing sentence or within 30 days thereafter,

23  the department shall immediately require that the ignition

24  interlock device be installed as provided in this section.

25  This section applies to the reinstatement of the driving

26  privilege from a revocation, suspension, or cancellation based

27  upon an offense of driving under the influence which occurs on

28  or after July 1, 2004.

29         Section 4.  Paragraph (c) of subsection (2) of section

30  322.292, Florida Statutes, is amended to read:

31  

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 1         322.292  DUI programs supervision; powers and duties of

 2  the department.--

 3         (2)  The department shall adopt rules to implement its

 4  supervisory authority over DUI programs in accordance with the

 5  procedures of chapter 120, including the establishment of

 6  uniform standards of operation for DUI programs and the method

 7  for setting and approving fees, as follows:

 8         (c)  Implement procedures for the granting and revoking

 9  of licenses for DUI programs, including:

10         1.  A uniform application fee not to exceed $1,000 but

11  in an amount sufficient to cover the department's

12  administrative costs in processing and evaluating DUI program

13  license applications. The application fee shall not apply to

14  programs that apply for licensure to serve a county that does

15  not have a currently licensed DUI program or where the

16  currently licensed program has relinquished its license.

17         2.  In considering an application for approval of a DUI

18  program, the department shall determine whether improvements

19  in service may be derived from the operation of the DUI

20  program and the number of clients currently served in the

21  circuit.  The department shall apply the following criteria:

22         a.  The increased frequency of classes and availability

23  of locations of services offered by the applicant DUI program.

24         b.  Services and fees offered by the applicant DUI

25  program and any existing DUI program.

26         c.  The number of DUI clients currently served and

27  historical trends in the number of clients served in the

28  circuit.

29         d.  The availability, accessibility, and service

30  history of any existing DUI program services.

31         e.  The applicant DUI program's service history.

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 1         f.  The availability of resources, including personnel,

 2  demonstrated management capability, and capital and operating

 3  expenditures of the applicant DUI program.

 4         g.  Improved services to minority and special needs

 5  clients.

 6         3.  Authority for competing applicants and currently

 7  licensed DUI programs serving the same geographic area to

 8  request an administrative hearing under chapter 120 to contest

 9  the department's determination of need for an additional

10  licensed DUI program in that area.

11         4.  A requirement that the department revoke the

12  license of any DUI program that does not provide the services

13  specified in its application within 45 days after licensure

14  and notify the chief judge of that circuit of such revocation.

15         5.  A requirement that all applicants for initial

16  licensure as a DUI program in a particular circuit on and

17  after the effective date of this act must, at a minimum,

18  satisfy each of the following criteria:

19         a.  Maintain a primary business office in the circuit

20  which is located in a permanent structure that is readily

21  accessible by public transportation, if public transportation

22  is available. The primary business office must be adequately

23  staffed and equipped to provide all DUI program support

24  services, including registration and a file for each person

25  who registers for the program.

26         b.  Have a satellite office for registration of DUI

27  offenders in each county in the circuit which is located in a

28  permanent structure that is readily accessible by public

29  transportation, if public transportation is available. A

30  satellite office is not required in any county where the total

31  number of DUI convictions in the most recent calendar year is

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 1  less than 200. In a county where the total number of DUI

 2  convictions in the most recent calendar year is fewer than 200

 3  and no satellite office is located in a permanent structure in

 4  that county, another program provider, upon the recommendation

 5  of the chief judge of the judicial circuit of that county, if

 6  the applicant meets the criteria of this section, shall be

 7  approved by the department to serve the county, and the

 8  provider is not required to have a satellite office in each

 9  county in the circuit.

10         c.  Have a classroom in each county in the circuit

11  which is located in a permanent structure that is readily

12  accessible by public transportation, if public transportation

13  is available. A classroom is not required in any county where

14  the total number of DUI convictions in the most recent

15  calendar year is less than 100. A classroom may not be located

16  within 250 feet of any business that sells alcoholic

17  beverages. However, a classroom shall not be required to be

18  relocated when a business selling alcoholic beverages locates

19  to within 250 feet of the classroom.

20         d.  Have a plan for conducting all DUI education

21  courses, evaluation services, and other services required by

22  the department. The level I DUI education course must be

23  taught in four segments, with no more than 6 hours of

24  classroom instruction provided to any offender each day.

25         e.  Employ at least 1 full-time certified addiction

26  professional for the program at all times.

27         f.  Document support from community agencies involved

28  in DUI education and substance abuse treatment in the circuit.

29         g.  Have a volunteer board of directors and advisory

30  committee made up of citizens who reside in the circuit in

31  which licensure is sought.

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 1         h.  Submit documentation of compliance with all

 2  applicable federal, state, and local laws, including, but not

 3  limited to, the Americans with Disabilities Act.

 4         Section 5.  Subsection (4) of section 327.35, Florida

 5  Statutes, is amended to read:

 6         327.35  Boating under the influence; penalties;

 7  "designated drivers".--

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

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

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

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

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

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

14         (a)  By a fine of:

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

16  conviction.

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

18  second conviction.

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

20  conviction.

21         (b)  By imprisonment for:

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

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

24  

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

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

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

28  0.20 or higher.

29         Section 6.  For the purpose of incorporating the

30  amendment to section 316.193, Florida Statutes, in references

31  

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

 2  Florida Statutes, is reenacted to read:

 3         316.066  Written reports of crashes.--

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

 5  regular course of duty investigates a motor vehicle crash:

 6         1.  Which crash resulted in death or personal injury

 7  shall, within 10 days after completing the investigation,

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

 9  traffic records center.

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

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

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

13  department or traffic records center.

14         3.  In which crash a vehicle was rendered inoperative

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

16  may, within 10 days after completing the investigation,

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

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

19  officer's discretion.

20  

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

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

23  is not prepared, the law enforcement officer shall provide

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

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

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

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

28  vehicles involved; the names and addresses of the parties

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

30  badge number, and law enforcement agency of the officer

31  investigating the crash; and the names of the insurance

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 1  companies for the respective parties involved in the crash.

 2  Each party to the crash shall provide the law enforcement

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

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

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

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

 7  provide the required information is guilty of an infraction

 8  for a nonmoving violation, punishable as provided in chapter

 9  318 unless the officer determines that due to injuries or

10  other special circumstances such insurance information cannot

11  be provided immediately. If the person provides the law

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

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

14  enforcement agency may void the citation.

15         Section 7.  For the purpose of incorporating the

16  amendment to section 316.193, Florida Statutes, in references

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

18  Florida Statutes, is reenacted to read:

19         316.072  Obedience to and effect of traffic laws.--

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

21  EXCEPTIONS.--

22         (b)  Unless specifically made applicable, the

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

24  316.192, 316.1925, and 316.193, shall not apply to persons,

25  teams, or motor vehicles and other equipment while actually

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

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

28  work.

29         Section 8.  For the purpose of incorporating the

30  amendment to section 316.193, Florida Statutes, in references

31  

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

 2  is reenacted to read:

 3         316.1932  Tests for alcohol, chemical substances, or

 4  controlled substances; implied consent; refusal.--

 5         (3)  Notwithstanding any provision of law pertaining to

 6  the confidentiality of hospital records or other medical

 7  records, information relating to the alcoholic content of the

 8  blood or breath or the presence of chemical substances or

 9  controlled substances in the blood obtained pursuant to this

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

11  defense attorney, or law enforcement officer in connection

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

13  information.

14         Section 9.  For the purpose of incorporating the

15  amendment to section 316.193, Florida Statutes, in references

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

17  is reenacted to read:

18         316.1933  Blood test for impairment or intoxication in

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

20  reasonable force.--

21         (4)  Notwithstanding any provision of law pertaining to

22  the confidentiality of hospital records or other medical

23  records, information relating to the alcoholic content of the

24  blood or the presence of chemical substances or controlled

25  substances in the blood obtained pursuant to this section

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

27  attorney, or law enforcement officer in connection with an

28  alleged violation of s. 316.193 upon request for such

29  information.

30         Section 10.  For the purpose of incorporating the

31  amendment to section 316.193, Florida Statutes, in references

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

 2  Statutes, are reenacted to read:

 3         316.1934  Presumption of impairment; testing methods.--

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

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

 6  influence of alcoholic beverages or controlled substances,

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

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

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

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

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

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

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

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

15  daily life.

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

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

18  according to the Florida Rules of Criminal Procedure.

19         Section 11.  For the purpose of incorporating the

20  amendment to section 316.193, Florida Statutes, in references

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

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

23         316.1937  Ignition interlock devices, requiring;

24  unlawful acts.--

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

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

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

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

29  functioning ignition interlock device certified by the

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

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

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

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

 3  approved ignition interlock device for a period of not less

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

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

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

 7  however, shall order placement of an ignition interlock device

 8  in those circumstances required by s. 316.193.

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

10  interlock device, the court shall:

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

12  installation of the device if the person claims inability to

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

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

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

16  316.193 shall be allocated to defray the costs of installing

17  the device.

18         Section 12.  For the purpose of incorporating the

19  amendment to section 316.193, Florida Statutes, in references

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

21  Florida Statutes, is reenacted to read:

22         316.1939  Refusal to submit to testing; penalties.--

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

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

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

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

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

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

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

30  316.1932(1)(c);

31  

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

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

 3         Section 13.  For the purpose of incorporating the

 4  amendment to section 316.193, Florida Statutes, in references

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

 6  Statutes, are reenacted to read:

 7         318.143  Sanctions for infractions by minors.--

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

 9  316.193, the court may order the Department of Highway Safety

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

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

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

13  Department of Highway Safety and Motor Vehicles to revoke the

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

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

16  316.193 may be released from custody as soon as:

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

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

19  877.111, or of any substance controlled under chapter 893, and

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

21  are impaired;

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

23  percent; or

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

25         Section 14.  For the purpose of incorporating the

26  amendment to section 316.193, Florida Statutes, in references

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

28  is reenacted to read:

29         318.17  Offenses excepted.--No provision of this

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

31  the following offenses:

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

 2  any vehicle while under the influence of alcoholic beverages,

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

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

 5  316.193, or driving with an unlawful blood-alcohol level;

 6         Section 15.  For the purpose of incorporating the

 7  amendment to section 316.193, Florida Statutes, in references

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

 9  is reenacted to read:

10         322.03  Drivers must be licensed; penalties.--

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

12  department shall require any person who has been convicted two

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

14  substantially similar alcohol-related or drug-related offense

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

16  been convicted of three or more such offenses within the

17  preceding 10 years, to present proof of successful completion

18  of or enrollment in a department-approved substance abuse

19  education course. If the person fails to complete such

20  education course within 90 days after issuance, the department

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

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

23  present proof of financial responsibility as provided in s.

24  324.031. For the purposes of this paragraph, a previous

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

26  316.1931, or former s. 860.01 shall be considered a previous

27  conviction for violation of s. 316.193.

28         Section 16.  For the purpose of incorporating the

29  amendment to section 316.193, Florida Statutes, in references

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

31  Florida Statutes, is reenacted to read:

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 1         322.0602  Youthful Drunk Driver Visitation Program.--

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

 3  FOR PARTICIPATION.--

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

 5  316.193, the court may order, as a term and condition of

 6  probation in addition to any other term or condition required

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

 8  Youthful Drunk Driver Visitation Program.

 9         Section 17.  For the purpose of incorporating the

10  amendment to section 316.193, Florida Statutes, in references

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

12  is reenacted to read:

13         322.21  License fees; procedure for handling and

14  collecting fees.--

15         (8)  Any person who applies for reinstatement following

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

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

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

19  license. Any person who applies for reinstatement of a

20  commercial driver's license following the disqualification of

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

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

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

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

25  proper receipts for such fees and shall promptly transmit all

26  funds received by it as follows:

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

28  reinstatement following a suspension, the department shall

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

30  Safety Operating Trust Fund.

31  

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

 2  reinstatement following a revocation or disqualification, the

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

 4  $25 in the Highway Safety Operating Trust Fund.

 5  

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

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

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

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

10  from one person convicted of violations arising out of the

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

12  deposit the fee into the Highway Safety Operating Trust Fund

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

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

15  revocation is overturned.

16         Section 18.  For the purpose of incorporating the

17  amendment to section 316.193, Florida Statutes, in references

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

19  is reenacted to read:

20         322.25  When court to forward license to department and

21  report convictions; temporary reinstatement of driving

22  privileges.--

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

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

25  driving while intoxicated, driving under the influence,

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

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

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

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

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

31  equivalent to a conviction.

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 1         Section 19.  For the purpose of incorporating the

 2  amendment to section 316.193, Florida Statutes, in references

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

 4  Florida Statutes, is reenacted to read:

 5         322.26  Mandatory revocation of license by

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

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

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

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

10  vehicle, DUI manslaughter where the conviction represents a

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

12  316.193 or former s. 316.1931. For such cases, the revocation

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

14  permanent.

15         Section 20.  For the purpose of incorporating the

16  amendment to section 316.193, Florida Statutes, in references

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

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

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

20  reenacted to read:

21         322.2615  Suspension of license; right to review.--

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

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

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

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

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

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

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

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

30  temporary permit if the person is otherwise eligible for the

31  driving privilege and shall issue the person a notice of

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

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

 3  arrest, the agency employing the officer shall transmit such

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

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

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

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

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

 9  license pursuant to subsection (3).

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

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

12  driver of, the following:

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

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

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

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

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

18  such a test; or

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

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

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

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

23  her driving privilege has been previously suspended for a

24  violation of s. 316.193.

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

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

27  later.

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

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

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

31  whichever is later.

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

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

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

 4  later.

 5         5.  The driver may submit to the department any

 6  materials relevant to the arrest.

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

 8  enforcement officer shall forward to the department, within 5

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

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

11  report of the arrest, including an affidavit stating the

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

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

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

15  test was requested by a law enforcement officer or

16  correctional officer and that the person arrested refused to

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

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

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

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

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

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

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

24  sobriety test or the attempt to administer such test.

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

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

27  officer shall determine by a preponderance of the evidence

28  whether sufficient cause exists to sustain, amend, or

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

30  limited to the following issues:

31  

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

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

 3         1.  Whether the arresting law enforcement officer had

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

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

 6  under the influence of alcoholic beverages or controlled

 7  substances.

 8         2.  Whether the person was placed under lawful arrest

 9  for a violation of s. 316.193.

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

11  level as provided in s. 316.193.

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

13  to a breath, blood, or urine test:

14         1.  Whether the arresting law enforcement officer had

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

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

17  under the influence of alcoholic beverages or controlled

18  substances.

19         2.  Whether the person was placed under lawful arrest

20  for a violation of s. 316.193.

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

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

23  officer or correctional officer.

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

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

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

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

28  18 months.

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

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

31  

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

 2  department shall:

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

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

 5  316.193, or for a period of 1 year if the driving privilege of

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

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

 8  the date of the arrest or issuance of the notice of

 9  suspension, whichever is later.

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

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

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

13  person is otherwise eligible for the driving privilege

14  pursuant to s. 322.271.

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

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

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

18  eligible to receive a license for business or employment

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

20  elapsed after the expiration of the last temporary permit

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

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

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

24  316.193, relating to unlawful blood-alcohol level, is not

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

26  receive a business or employment license pursuant to s.

27  322.271 until 30 days have elapsed from the date of the

28  arrest.

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

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

31  316.193, nor shall any written statement submitted by a person

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 1  in his or her request for departmental review under this

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

 3  such trial. The disposition of any related criminal

 4  proceedings shall not affect a suspension imposed pursuant to

 5  this section.

 6         Section 21.  For the purpose of incorporating the

 7  amendment to section 316.193, Florida Statutes, in references

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

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

10  to read:

11         322.2616  Suspension of license; persons under 21 years

12  of age; right to review.--

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

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

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

16  actual physical control of a motor vehicle.

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

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

19  316.193, nor shall any written statement submitted by a person

20  in his or her request for departmental review under this

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

22  such trial. The disposition of any related criminal

23  proceedings shall not affect a suspension imposed under this

24  section.

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

26  infraction nor a criminal offense, nor does being detained

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

28  this section is subject to the administrative action

29  provisions of this section, which are administered by the

30  department through its administrative processes.

31  Administrative actions taken pursuant to this section shall be

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 1  recorded in the motor vehicle records maintained by the

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

 3  316.193. However, if the department suspends a person's

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

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

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

 7  under s. 322.2615.

 8         Section 22.  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 322.264,

11  Florida Statutes, is reenacted to read:

12         322.264  "Habitual traffic offender" defined.--A

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

14  maintained by the Department of Highway Safety and Motor

15  Vehicles, shows that such person has accumulated the specified

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

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

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

19  the following offenses arising out of separate acts:

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

21  or former s. 860.01;

22  

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

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

25  another state similar to a statutory prohibition specified in

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

27  violation of such prohibition. In computing the number of

28  convictions, all convictions during the 5 years previous to

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

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

31  have resulted in suspension, revocation, or disqualification

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

 2  suspension or revocation under this section as a habitual

 3  offender.

 4         Section 23.  For the purpose of incorporating the

 5  amendment to section 316.193, Florida Statutes, in references

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

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

 8  reenacted to read:

 9         322.271  Authority to modify revocation, cancellation,

10  or suspension order.--

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

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

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

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

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

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

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

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

19  otherwise provided in this subsection, the department shall

20  require proof of the successful completion of the applicable

21  department-approved driver training course operating pursuant

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

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

24  recommendation from respected business persons in the

25  community, law enforcement officers, or judicial officers may

26  also be required to determine whether such person should be

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

28  business or employment use only and in determining whether

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

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

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

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 1  enrollment in the applicable department-approved driver

 2  training course or licensed DUI program substance abuse

 3  education course, including evaluation and treatment, if

 4  referred, and may require letters of recommendation described

 5  in this subsection to determine if the driver should be

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

 7  complete the approved course within 90 days after

 8  reinstatement or subsequently fails to complete treatment, if

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

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

11  successfully completed, notwithstanding the terms of the court

12  order or any suspension or revocation of the driving

13  privilege. The department may temporarily reinstate the

14  driving privilege on a restricted basis upon verification from

15  the DUI program that the offender has reentered and is

16  currently participating in treatment and has completed the DUI

17  education course and evaluation requirement. If the DUI

18  program notifies the department of the second failure to

19  complete treatment, the department shall reinstate the driving

20  privilege only after notice of completion of treatment from

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

22  restricted basis for business or employment use shall not be

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

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

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

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

27  on a limited or restricted basis for business or employment

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

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

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

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

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

 2  or former s. 322.261.

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

 4  conviction of driving under the influence, driving while

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

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

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

 8  316.1931, former s. 316.028, or former s. 860.01 shall be

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

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

11  a person whose driving privilege has been permanently revoked

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

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

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

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

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

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

18  department for reinstatement of his or her driving privilege.

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

20  petition, the department shall afford the petitioner an

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

22  demonstrate to the department that he or she:

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

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

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

26  for at least 5 years prior to the hearing;

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

28  the hearing; and

29         4.  Has completed a DUI program licensed by the

30  department.

31  

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

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

 3  Upon such determination, the department may, in its

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

 5  Such reinstatement must be made subject to the following

 6  qualifications:

 7         1.  The license must be restricted for employment

 8  purposes for not less than 1 year; and

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

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

11  supervision and education at least four times a year or

12  additionally as required by the program for the remainder of

13  the revocation period. Such supervision shall include

14  evaluation, education, referral into treatment, and other

15  activities required by the department.

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

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

18  supervision, the program shall report the failure to the

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

20  driving privilege.

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

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

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

24  driving privilege.

25         (e)  The department shall adopt rules regulating the

26  providing of services by DUI programs pursuant to this

27  section.

28         Section 24.  For the purpose of incorporating the

29  amendment to section 316.193, Florida Statutes, in references

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

31  is reenacted to read:

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 1         322.28  Period of suspension or revocation.--

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

 3  former s. 316.1931, the following provisions apply:

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

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

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

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

 8  revocation in accordance with the following provisions:

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

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

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

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

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

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

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

16  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 5 years.

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

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

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

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

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

24  less than 10 years.

25  

26  For the purposes of this paragraph, a previous conviction

27  outside this state for driving under the influence, driving

28  while intoxicated, driving with an unlawful blood-alcohol

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

30  offense similar to the offense of driving under the influence

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

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

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

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

 4  316.193.

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

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

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

 8  department shall forthwith revoke the driver's license or

 9  driving privilege for the maximum period applicable under

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

11  period applicable under paragraph (a) for any subsequent

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

13  revocation by the department, petition the court for further

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

15  the case and determine the period of revocation within the

16  limits specified in paragraph (a).

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

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

19  under the influence of alcoholic beverages, chemical

20  substances, or controlled substances to the extent of

21  depriving the defendant of his or her normal faculties shall

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

23  paragraph, and the department shall forthwith revoke the

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

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

26  conviction and for the minimum period applicable under

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

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

29  of revocation imposed by the department for such conviction

30  shall not exceed the difference between the applicable maximum

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

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 1  conviction and the revocation period under this subsection

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

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

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

 5  appropriate motion contesting the forfeiture is filed within

 6  the 20-day period.

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

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

 9  department shall not grant a new license, except upon

10  reexamination of the licensee after the expiration of the

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

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

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

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

15  department pursuant to s. 322.282.

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

17  license or driving privilege of a person who has been

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

19  316.1931 or a combination of such sections. The court shall

20  permanently revoke the driver's license or driving privilege

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

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

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

24  days after imposing sentence, the department shall permanently

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

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

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

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

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

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

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

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

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

 3  driving under the influence, driving while intoxicated,

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

 5  similar alcohol-related or drug-related traffic offense

 6  outside this state is considered a conviction for the purposes

 7  of this paragraph.

 8         Section 25.  For the purpose of incorporating the

 9  amendment to section 316.193, Florida Statutes, in references

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

11  Florida Statutes, is reenacted to read:

12         322.282  Procedure when court revokes or suspends

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

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

15  privilege and, in its discretion, orders reinstatement as

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

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

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

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

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

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

22  proof of completion of a department-approved driver training

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

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

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

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

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

28  previous conviction outside this state for driving under the

29  influence, driving while intoxicated, driving with an unlawful

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

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

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 1  privilege has been previously suspended for refusal to submit

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

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

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

 5  reinstatement of a license or driving privilege that is

 6  presently suspended for driving with an unlawful blood-alcohol

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

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

 9  316.193 or former s. 316.1931, if the suspension and

10  revocation arise out of the same incident.

11         Section 26.  For the purpose of incorporating the

12  amendment to section 316.193, Florida Statutes, in references

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

14  Florida Statutes, is reenacted to read:

15         322.291  Driver improvement schools or DUI programs;

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

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

18         (1)  Whose driving privilege has been revoked:

19         (a)  Upon conviction for:

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

21  any vehicle while under the influence of alcoholic beverages,

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

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

24  316.193;

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

26  level;

27         3.  Manslaughter resulting from the operation of a

28  motor vehicle;

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

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

31  resulting in the death or personal injury of another;

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 1         5.  Reckless driving; or

 2  

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

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

 5  advanced driver improvement course operating pursuant to s.

 6  318.1451 or a substance abuse education course conducted by a

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

 8  include a psychosocial evaluation and treatment, if referred.

 9  If the person fails to complete such course or evaluation

10  within 90 days after reinstatement, or subsequently fails to

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

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

13  department shall cancel the offender's driving privilege,

14  notwithstanding the expiration of the suspension or revocation

15  of the driving privilege. The department may temporarily

16  reinstate the driving privilege upon verification from the DUI

17  program that the offender has completed the education course

18  and evaluation requirement and has reentered and is currently

19  participating in treatment. If the DUI program notifies the

20  department of the second failure to complete treatment, the

21  department shall reinstate the driving privilege only after

22  notice of completion of treatment from the DUI program.

23         Section 27.  For the purpose of incorporating the

24  amendment to section 316.193, Florida Statutes, in references

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

26  Florida Statutes, is reenacted to read:

27         322.34  Driving while license suspended, revoked,

28  canceled, or disqualified.--

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

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

31  316.193 is subject to seizure and forfeiture under ss.

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 1  932.701-932.707 and is subject to liens for recovering,

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

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

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

 5  driving under the influence.

 6         Section 28.  For the purpose of incorporating the

 7  amendment to section 316.193, Florida Statutes, in references

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

 9  read:

10         322.44  Driver License Compact.--The Driver License

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

12  other jurisdictions legally joining therein in the form

13  substantially as follows:

14  

15                            ARTICLE I

16  

17         FINDINGS AND DECLARATION OF POLICY.--

18         (1)  The party states find that:

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

20  materially affected by the degree of compliance with state

21  laws and local ordinances relating to the operation of motor

22  vehicles;

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

24  that the violator engages in conduct which is likely to

25  endanger the safety of persons and property;

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

27  predicated upon compliance with laws and ordinances relating

28  to the operation of motor vehicles, in whichever jurisdiction

29  the vehicle is operated.

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

31  

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

 2  administrative rules and regulations relating to the operation

 3  of motor vehicles by their operators in each of the

 4  jurisdictions where such operators drive motor vehicles;

 5         (b)  Make the reciprocal recognition of licenses to

 6  drive and eligibility therefor more just and equitable by

 7  considering the overall compliance with motor vehicle laws,

 8  ordinances, and administrative rules and regulations as a

 9  condition precedent to the continuance or issuance of any

10  license by reason of which the licensee is authorized or

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

12  states.

13  

14                            ARTICLE II

15  

16         DEFINITIONS.--As used in this compact:

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

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

19  Commonwealth of Puerto Rico.

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

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

22  permit to operate a motor vehicle.

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

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

25  prohibited by state law, municipal ordinance, or

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

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

28  person charged with having committed any such offense, and

29  which conviction or forfeiture is required to be reported to

30  the licensing authority.

31  

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 1                           ARTICLE III

 2  

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

 4  party state shall report each conviction of a person from

 5  another party state occurring within its jurisdiction to the

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

 7  report shall clearly identify the person convicted; describe

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

 9  ordinance violated; identify the court in which action was

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

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

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

13  findings made in connection therewith.

14  

15                            ARTICLE IV

16  

17         EFFECT OF CONVICTION.--

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

19  purposes of suspension, revocation, or limitation of the

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

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

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

23  convictions for:

24         (a)  Manslaughter or negligent homicide resulting from

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

26  and 322.26;

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

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

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

30  driver incapable of safely driving a motor vehicle, as

31  provided by s. 316.193;

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

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

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

 4  motor vehicle crash resulting in the death or personal injury

 5  of another, as provided by s. 322.26.

 6         (2)  As to other convictions, reported pursuant to

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

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

 9  the home state.

10  

11                            ARTICLE V

12  

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

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

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

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

17  The licensing authority in the state where application is made

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

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

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

21  violation and if such suspension period has not terminated.

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

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

24  violation and if such revocation has not terminated, except

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

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

27  license if permitted by law. The licensing authority may

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

29  investigation, the licensing authority determines that it will

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

31  motor vehicle on the public highways.

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

 2  issued by another party state and currently in force unless

 3  the applicant surrenders such license.

 4  

 5                            ARTICLE VI

 6  

 7         APPLICABILITY OF OTHER LAWS.--Except as expressly

 8  required by provisions of this compact, nothing contained

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

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

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

12  prevent any driver license agreement or other cooperative

13  arrangement between a party state and a nonparty state.

14  

15                           ARTICLE VII

16  

17         COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION.--

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

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

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

21  power to formulate all necessary and proper procedures for the

22  exchange of information under this compact.

23         (2)  The administrator of each party state shall

24  furnish to the administrator of each other party state any

25  information or documents reasonably necessary to facilitate

26  the administration of this compact.

27  

28                           ARTICLE VIII

29  

30         ENTRY INTO FORCE AND WITHDRAWAL.--

31  

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

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

 3  law.

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

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

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

 7  the withdrawing state has given notice of the withdrawal to

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

 9  shall affect the validity or applicability by the licensing

10  authorities of states remaining party to the compact of any

11  report of conviction occurring prior to the withdrawal.

12  

13                            ARTICLE IX

14  

15         CONSTRUCTION AND SEVERABILITY.--This compact shall be

16  liberally construed so as to effectuate the purposes thereof.

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

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

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

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

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

22  the validity of the remainder of this compact and the

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

24  circumstance shall not be affected thereby. If this compact

25  shall be held contrary to the constitution of any state party

26  thereto, the compact shall remain in full force and effect as

27  to the remaining states and in full force and effect as to the

28  state affected as to all severable matters.

29         Section 29.  For the purpose of incorporating the

30  amendment to section 316.193, Florida Statutes, in references

31  

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 1  thereto, subsection (3) of section 322.62, Florida Statutes,

 2  is reenacted to read:

 3         322.62  Driving under the influence; commercial motor

 4  vehicle operators.--

 5         (3)  This section does not supersede s. 316.193.

 6  Nothing in this section prohibits the prosecution of a person

 7  who drives a commercial motor vehicle for driving under the

 8  influence of alcohol or controlled substances whether or not

 9  such person is also prosecuted for a violation of this

10  section.

11         Section 30.  For the purpose of incorporating the

12  amendment to section 316.193, Florida Statutes, in references

13  thereto, paragraph (d) of subsection (2) and subsection (6) of

14  section 322.63, Florida Statutes, are reenacted to read:

15         322.63  Alcohol or drug testing; commercial motor

16  vehicle operators.--

17         (2)  The chemical and physical tests authorized by this

18  section shall only be required if a law enforcement officer

19  has reasonable cause to believe that a person driving a

20  commercial motor vehicle has any alcohol, chemical substance,

21  or controlled substance in his or her body.

22         (d)  The administration of one test under paragraph

23  (a), paragraph (b), or paragraph (c) shall not preclude the

24  administration of a different test under paragraph (a),

25  paragraph (b), or paragraph (c). However, a urine test may not

26  be used to determine alcohol concentration and a breath test

27  may not be used to determine the presence of controlled

28  substances or chemical substances in a person's body.

29  Notwithstanding the provisions of this paragraph, in the event

30  a Florida licensee has been convicted in another state for an

31  offense substantially similar to s. 316.193 or to s. 322.62,

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 1  which conviction was based upon evidence of test results

 2  prohibited by this paragraph, that out-of-state conviction

 3  shall constitute a conviction for the purposes of this

 4  chapter.

 5         (6)  Notwithstanding any provision of law pertaining to

 6  the confidentiality of hospital records or other medical

 7  records, information relating to the alcohol content of a

 8  person's blood or the presence of chemical substances or

 9  controlled substances in a person's blood obtained pursuant to

10  this section shall be released to a court, prosecuting

11  attorney, defense attorney, or law enforcement officer in

12  connection with an alleged violation of s. 316.193 or s.

13  322.62 upon request for such information.

14         Section 31.  For the purpose of incorporating the

15  amendment to section 316.193, Florida Statutes, in references

16  thereto, subsections (1) and (2), paragraph (a) of subsection

17  (7), paragraph (b) of subsection (8), and subsections (14) and

18  (15) of section 322.64, Florida Statutes, are reenacted to

19  read:

20         322.64  Holder of commercial driver's license; driving

21  with unlawful blood-alcohol level; refusal to submit to

22  breath, urine, or blood test.--

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

24  officer shall, on behalf of the department, disqualify from

25  operating any commercial motor vehicle a person who while

26  operating or in actual physical control of a commercial motor

27  vehicle is arrested for a violation of s. 316.193, relating to

28  unlawful blood-alcohol level or breath-alcohol level, or a

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

30  test authorized by s. 322.63 arising out of the operation or

31  actual physical control of a commercial motor vehicle. Upon

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 1  disqualification of the person, the officer shall take the

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

 3  temporary permit if the person is otherwise eligible for the

 4  driving privilege and shall issue the person a notice of

 5  disqualification. If the person has been given a blood,

 6  breath, or urine test, the results of which are not available

 7  to the officer at the time of the arrest, the agency employing

 8  the officer shall transmit such results to the department

 9  within 5 days after receipt of the results. If the department

10  then determines that the person was arrested for a violation

11  of s. 316.193 and that the person had a blood-alcohol level or

12  breath-alcohol level of 0.08 or higher, the department shall

13  disqualify the person from operating a commercial motor

14  vehicle pursuant to subsection (3).

15         (b)  The disqualification under paragraph (a) shall be

16  pursuant to, and the notice of disqualification shall inform

17  the driver of, the following:

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

19  blood, or urine test and he or she is disqualified from

20  operating a commercial motor vehicle for a period of 1 year,

21  for a first refusal, or permanently, if he or she has

22  previously been disqualified as a result of a refusal to

23  submit to such a test; or

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

25  unlawful blood-alcohol level and he or she is disqualified

26  from operating a commercial motor vehicle for a period of 6

27  months for a first offense or for a period of 1 year if he or

28  she has previously been disqualified, or his or her driving

29  privilege has been previously suspended, for a violation of s.

30  316.193.

31  

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 1         2.  The disqualification period shall commence on the

 2  date of arrest or issuance of notice of disqualification,

 3  whichever is later.

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

 5  of the disqualification by the department within 10 days after

 6  the date of arrest or issuance of notice of disqualification,

 7  whichever is later.

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

 9  or disqualification will expire at midnight of the 10th day

10  following the date of disqualification.

11         5.  The driver may submit to the department any

12  materials relevant to the arrest.

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

14  enforcement officer shall forward to the department, within 5

15  days after the date of the arrest or the issuance of the

16  notice of disqualification, whichever is later, a copy of the

17  notice of disqualification, the driver's license of the person

18  arrested, and a report of the arrest, including, if

19  applicable, an affidavit stating the officer's grounds for

20  belief that the person arrested was in violation of s.

21  316.193; the results of any breath or blood test or an

22  affidavit stating that a breath, blood, or urine test was

23  requested by a law enforcement officer or correctional officer

24  and that the person arrested refused to submit; a copy of the

25  citation issued to the person arrested; and the officer's

26  description of the person's field sobriety test, if any. The

27  failure of the officer to submit materials within the 5-day

28  period specified in this subsection or subsection (1) shall

29  not affect the department's ability to consider any evidence

30  submitted at or prior to the hearing. The officer may also

31  

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 1  submit a copy of a videotape of the field sobriety test or the

 2  attempt to administer such test.

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

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

 5  officer shall determine by a preponderance of the evidence

 6  whether sufficient cause exists to sustain, amend, or

 7  invalidate the disqualification. The scope of the review shall

 8  be limited to the following issues:

 9         (a)  If the person was disqualified from operating a

10  commercial motor vehicle for driving with an unlawful

11  blood-alcohol level in violation of s. 316.193:

12         1.  Whether the arresting law enforcement officer had

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

14  actual physical control of a commercial motor vehicle in this

15  state while he or she had any alcohol, chemical substances, or

16  controlled substances in his or her body.

17         2.  Whether the person was placed under lawful arrest

18  for a violation of s. 316.193.

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

20  level as provided in s. 316.193.

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

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

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

24  department shall:

25         (b)  Sustain the disqualification for a period of 6

26  months for a violation of s. 316.193 or for a period of 1 year

27  if the person has been previously disqualified from operating

28  a commercial motor vehicle or his or her driving privilege has

29  been previously suspended as a result of a violation of s.

30  316.193. The disqualification period commences on the date of

31  

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 1  the arrest or issuance of the notice of disqualification,

 2  whichever is later.

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

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

 5  316.193, s. 322.61, or s. 322.62, nor shall any written

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

 7  departmental review under this section be admissible into

 8  evidence against him or her in any such trial. The disposition

 9  of any related criminal proceedings shall not affect a

10  disqualification imposed pursuant to this section.

11         (15)  This section does not preclude the suspension of

12  the driving privilege pursuant to s. 322.2615. The driving

13  privilege of a person who has been disqualified from operating

14  a commercial motor vehicle also may be suspended for a

15  violation of s. 316.193.

16         Section 32.  For the purpose of incorporating the

17  amendment to section 316.193, Florida Statutes, in references

18  thereto, paragraph (f) of subsection (4) of section 323.001,

19  Florida Statutes, is reenacted to read:

20         323.001  Wrecker operator storage facilities; vehicle

21  holds.--

22         (4)  The requirements for a written hold apply when the

23  following conditions are present:

24         (f)  The vehicle is impounded or immobilized pursuant

25  to s. 316.193 or s. 322.34; or

26         Section 33.  For the purpose of incorporating the

27  amendment to section 316.193, Florida Statutes, in references

28  thereto, subsection (6) of section 327.35, Florida Statutes,

29  is reenacted to read:

30         327.35  Boating under the influence; penalties;

31  "designated drivers".--

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

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

 3  imposed:

 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. The court must also, as a

 9  condition of probation, order the impoundment or

10  immobilization of the vessel that was operated by or in the

11  actual control of the defendant or any one vehicle registered

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

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

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

15  days. The impoundment or immobilization must not occur

16  concurrently with the incarceration of the defendant. The

17  impoundment or immobilization order may be dismissed in

18  accordance with paragraph (e) or paragraph (f). The total

19  period of probation and incarceration may not exceed 1 year.

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

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

22  conviction for violation of this section, the court shall

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

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

25  immobilization of the vessel that was operated by or in the

26  actual control of the defendant or any one vehicle registered

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

28  immobilization, for a period of 30 days or for the unexpired

29  term of any lease or rental agreement that expires within 30

30  days. The impoundment or immobilization must not occur

31  concurrently with the incarceration of the defendant. The

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 1  impoundment or immobilization order may be dismissed in

 2  accordance with paragraph (e) or paragraph (f). At least 48

 3  hours of confinement must be consecutive.

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

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

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

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

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

 9  or immobilization of the vessel that was operated by or in the

10  actual control of the defendant or any one vehicle registered

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

12  immobilization, for a period of 90 days or for the unexpired

13  term of any lease or rental agreement that expires within 90

14  days. The impoundment or immobilization must not occur

15  concurrently with the incarceration of the defendant. The

16  impoundment or immobilization order may be dismissed in

17  accordance with paragraph (e) or paragraph (f). At least 48

18  hours of confinement must be consecutive.

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

20  defendant issue an order for the impoundment or immobilization

21  of a vessel. Within 7 business days after the date that the

22  court issues the order of impoundment, and once again 30

23  business days before the actual impoundment or immobilization

24  of the vessel, the clerk of the court must send notice by

25  certified mail, return receipt requested, to the registered

26  owner of each vessel, if the registered owner is a person

27  other than the defendant, and to each person of record

28  claiming a lien against the vessel.

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

30  when the offense occurred may submit to the court a police

31  report indicating that the vessel was stolen at the time of

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 1  the offense or documentation of having purchased the vessel

 2  after the offense was committed from an entity other than the

 3  defendant or the defendant's agent. If the court finds that

 4  the vessel was stolen or that the sale was not made to

 5  circumvent the order and allow the defendant continued access

 6  to the vessel, the order must be dismissed and the owner of

 7  the vessel will incur no costs. If the court denies the

 8  request to dismiss the order of impoundment or immobilization,

 9  the petitioner may request an evidentiary hearing.

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

11  when the offense occurred, and whose vessel was stolen or who

12  purchased the vessel after the offense was committed directly

13  from the defendant or the defendant's agent, may request an

14  evidentiary hearing to determine whether the impoundment or

15  immobilization should occur. If the court finds that either

16  the vessel was stolen or the purchase was made without

17  knowledge of the offense, that the purchaser had no

18  relationship to the defendant other than through the

19  transaction, and that such purchase would not circumvent the

20  order and allow the defendant continued access to the vessel,

21  the order must be dismissed and the owner of the vessel will

22  incur no costs.

23         (g)  All costs and fees for the impoundment or

24  immobilization, including the cost of notification, must be

25  paid by the owner of the vessel or, if the vessel is leased or

26  rented, by the person leasing or renting the vessel, unless

27  the impoundment or immobilization order is dismissed.

28         (h)  The person who owns a vessel that is impounded or

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

30  of record against such a vessel and who has not requested a

31  review of the impoundment pursuant to paragraph (e) or

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 1  paragraph (f), may, within 10 days after the date that person

 2  has knowledge of the location of the vessel, file a complaint

 3  in the county in which the owner resides to determine whether

 4  the vessel was wrongfully taken or withheld from the owner or

 5  lienholder. Upon the filing of a complaint, the owner or

 6  lienholder may have the vessel released by posting with the

 7  court a bond or other adequate security equal to the amount of

 8  the costs and fees for impoundment or immobilization,

 9  including towing or storage, to ensure the payment of the

10  costs and fees if the owner or lienholder does not prevail.

11  When the bond is posted and the fee is paid as set forth in s.

12  28.24, the clerk of the court shall issue a certificate

13  releasing the vessel. At the time of release, after reasonable

14  inspection, the owner or lienholder must give a receipt to the

15  towing or storage company indicating any loss or damage to the

16  vessel or to the contents of the vessel.

17         (i)  A defendant, in the court's discretion, may be

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

19  to which the defendant has been sentenced pursuant to this

20  section in a residential alcoholism treatment program or a

21  residential drug abuse treatment program. Any time spent in

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

23  of imprisonment.

24  

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

26  violation of s. 316.193, a previous conviction for the

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

28  s. 316.028, or a previous conviction outside this state for

29  driving under the influence, driving while intoxicated,

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

31  unlawful breath-alcohol level, or any other similar

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

 2  considered a previous conviction for violation of this

 3  section.

 4         Section 34.  For the purpose of incorporating the

 5  amendment to section 316.193, Florida Statutes, in references

 6  thereto, subsection (10) of section 397.405, Florida Statutes,

 7  is reenacted to read:

 8         397.405  Exemptions from licensure.--The following are

 9  exempt from the licensing provisions of this chapter:

10         (10)  DUI education and screening services provided

11  pursuant to ss. 316.192, 316.193, 322.095, 322.271, and

12  322.291. Persons or entities providing treatment services must

13  be licensed under this chapter unless exempted from licensing

14  as provided in this section.

15  

16  The exemptions from licensure in this section do not apply to

17  any service provider that receives an appropriation, grant, or

18  contract from the state to operate as a service provider as

19  defined in this chapter or to any substance abuse program

20  regulated pursuant to s. 397.406. Furthermore, this chapter

21  may not be construed to limit the practice of a physician

22  licensed under chapter 458 or chapter 459, a psychologist

23  licensed under chapter 490, or a psychotherapist licensed

24  under chapter 491 who provides substance abuse treatment, so

25  long as the physician, psychologist, or psychotherapist does

26  not represent to the public that he or she is a licensed

27  service provider and does not provide services to clients

28  pursuant to part V of this chapter. Failure to comply with any

29  requirement necessary to maintain an exempt status under this

30  section is a misdemeanor of the first degree, punishable as

31  provided in s. 775.082 or s. 775.083.

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 1         Section 35.  For the purpose of incorporating the

 2  amendment to section 316.193, Florida Statutes, in references

 3  thereto, paragraph (c) of subsection (17) of section 440.02,

 4  Florida Statutes, is reenacted to read:

 5         440.02  Definitions.--When used in this chapter, unless

 6  the context clearly requires otherwise, the following terms

 7  shall have the following meanings:

 8         (17)

 9         (c)  "Employment" does not include service performed by

10  or as:

11         1.  Domestic servants in private homes.

12         2.  Agricultural labor performed on a farm in the

13  employ of a bona fide farmer, or association of farmers, that

14  employs 5 or fewer regular employees and that employs fewer

15  than 12 other employees at one time for seasonal agricultural

16  labor that is completed in less than 30 days, provided such

17  seasonal employment does not exceed 45 days in the same

18  calendar year. The term "farm" includes stock, dairy, poultry,

19  fruit, fur-bearing animals, fish, and truck farms, ranches,

20  nurseries, and orchards. The term "agricultural labor"

21  includes field foremen, timekeepers, checkers, and other farm

22  labor supervisory personnel.

23         3.  Professional athletes, such as professional boxers,

24  wrestlers, baseball, football, basketball, hockey, polo,

25  tennis, jai alai, and similar players, and motorsports teams

26  competing in a motor racing event as defined in s. 549.08.

27         4.  Labor under a sentence of a court to perform

28  community services as provided in s. 316.193.

29         5.  State prisoners or county inmates, except those

30  performing services for private employers or those enumerated

31  in s. 948.03(8)(a).

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 1         Section 36.  For the purpose of incorporating the

 2  amendment to section 316.193, Florida Statutes, in references

 3  thereto, paragraph (b) of subsection (7) of section 440.09,

 4  Florida Statutes, is reenacted to read:

 5         440.09  Coverage.--

 6         (7)

 7         (b)  If the employee has, at the time of the injury, a

 8  blood alcohol level equal to or greater than the level

 9  specified in s. 316.193, or if the employee has a positive

10  confirmation of a drug as defined in this act, it is presumed

11  that the injury was occasioned primarily by the intoxication

12  of, or by the influence of the drug upon, the employee. If the

13  employer has implemented a drug-free workplace, this

14  presumption may be rebutted only by evidence that there is no

15  reasonable hypothesis that the intoxication or drug influence

16  contributed to the injury. In the absence of a drug-free

17  workplace program, this presumption may be rebutted by clear

18  and convincing evidence that the intoxication or influence of

19  the drug did not contribute to the injury. Percent by weight

20  of alcohol in the blood must be based upon grams of alcohol

21  per 100 milliliters of blood. If the results are positive, the

22  testing facility must maintain the specimen for a minimum of

23  90 days. Blood serum may be used for testing purposes under

24  this chapter; however, if this test is used, the presumptions

25  under this section do not arise unless the blood alcohol level

26  is proved to be medically and scientifically equivalent to or

27  greater than the comparable blood alcohol level that would

28  have been obtained if the test were based on percent by weight

29  of alcohol in the blood. However, if, before the accident, the

30  employer had actual knowledge of and expressly acquiesced in

31  the employee's presence at the workplace while under the

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 1  influence of such alcohol or drug, the presumptions specified

 2  in this subsection do not apply.

 3         Section 37.  For the purpose of incorporating the

 4  amendment to section 316.193, Florida Statutes, in references

 5  thereto, paragraph (d) of subsection (1) of section 493.6106,

 6  Florida Statutes, is reenacted to read:

 7         493.6106  License requirements; posting.--

 8         (1)  Each individual licensed by the department must:

 9         (d)  Not be a chronic and habitual user of alcoholic

10  beverages to the extent that her or his normal faculties are

11  impaired; not have been committed under chapter 397, former

12  chapter 396, or a similar law in any other state; not have

13  been found to be a habitual offender under s. 856.011(3) or a

14  similar law in any other state; and not have had two or more

15  convictions under s. 316.193 or a similar law in any other

16  state within the 3-year period immediately preceding the date

17  the application was filed, unless the individual establishes

18  that she or he is not currently impaired and has successfully

19  completed a rehabilitation course.

20         Section 38.  For the purpose of incorporating the

21  amendment to section 316.193, Florida Statutes, in references

22  thereto, subsection (4) of section 627.758, Florida Statutes,

23  is reenacted to read:

24         627.758  Surety on auto club traffic arrest bond;

25  conditions, limit; bail bond.--

26         (4)  Notwithstanding the provisions of s. 626.311 or

27  chapter 648, any surety insurer identified in a guaranteed

28  traffic arrest bond certificate or any licensed general lines

29  agent of the surety insurer may execute a bail bond for the

30  automobile club or association member identified in the

31  guaranteed traffic arrest bond certificate in an amount not in

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 1  excess of $5,000 for any violation of chapter 316 or any

 2  similar traffic law or ordinance except for driving under the

 3  influence of alcoholic beverages, chemical substances, or

 4  controlled substances, as prohibited by s. 316.193.

 5         Section 39.  For the purpose of incorporating the

 6  amendment to section 316.193, Florida Statutes, in references

 7  thereto, paragraph (f) of subsection (2) and paragraph (f) of

 8  subsection (10) of section 790.06, Florida Statutes, are

 9  reenacted to read:

10         790.06  License to carry concealed weapon or firearm.--

11         (2)  The Department of Agriculture and Consumer

12  Services shall issue a license if the applicant:

13         (f)  Does not chronically and habitually use alcoholic

14  beverages or other substances to the extent that his or her

15  normal faculties are impaired. It shall be presumed that an

16  applicant chronically and habitually uses alcoholic beverages

17  or other substances to the extent that his or her normal

18  faculties are impaired if the applicant has been committed

19  under chapter 397 or under the provisions of former chapter

20  396 or has been convicted under s. 790.151 or has been deemed

21  a habitual offender under s. 856.011(3), or has had two or

22  more convictions under s. 316.193 or similar laws of any other

23  state, within the 3-year period immediately preceding the date

24  on which the application is submitted;

25         (10)  A license issued under this section shall be

26  suspended or revoked pursuant to chapter 120 if the licensee:

27         (f)  Is convicted of a second violation of s. 316.193,

28  or a similar law of another state, within 3 years of a

29  previous conviction of such section, or similar law of another

30  state, even though the first violation may have occurred prior

31  to the date on which the application was submitted;

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 1         Section 40.  For the purpose of incorporating the

 2  amendment to section 316.193, Florida Statutes, in references

 3  thereto, subsection (2) of section 903.36, Florida Statutes,

 4  is reenacted to read:

 5         903.36  Guaranteed arrest bond certificates as cash

 6  bail.--

 7         (2)  The execution of a bail bond by a licensed general

 8  lines agent of a surety insurer for the automobile club or

 9  association member identified in the guaranteed traffic arrest

10  bond certificate, as provided in s. 627.758(4), shall be

11  accepted as bail in an amount not to exceed $5,000 for the

12  appearance of the person named in the certificate in any court

13  to answer for the violation of a provision of chapter 316 or a

14  similar traffic law or ordinance, except driving under the

15  influence of alcoholic beverages, chemical substances, or

16  controlled substances, as prohibited by s. 316.193.

17  Presentation of the guaranteed traffic arrest bond certificate

18  and a power of attorney from the surety insurer for its

19  licensed general lines agents is authorization for such agent

20  to execute the bail bond.

21         Section 41.  For the purpose of incorporating the

22  amendment to section 316.193, Florida Statutes, in references

23  thereto, paragraph (c) of subsection (4) of section 907.041,

24  Florida Statutes, is reenacted to read:

25         907.041  Pretrial detention and release.--

26         (4)  PRETRIAL DETENTION.--

27         (c)  The court may order pretrial detention if it finds

28  a substantial probability, based on a defendant's past and

29  present patterns of behavior, the criteria in s. 903.046, and

30  any other relevant facts, that any of the following

31  circumstances exists:

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 1         1.  The defendant has previously violated conditions of

 2  release and that no further conditions of release are

 3  reasonably likely to assure the defendant's appearance at

 4  subsequent proceedings;

 5         2.  The defendant, with the intent to obstruct the

 6  judicial process, has threatened, intimidated, or injured any

 7  victim, potential witness, juror, or judicial officer, or has

 8  attempted or conspired to do so, and that no condition of

 9  release will reasonably prevent the obstruction of the

10  judicial process;

11         3.  The defendant is charged with trafficking in

12  controlled substances as defined by s. 893.135, that there is

13  a substantial probability that the defendant has committed the

14  offense, and that no conditions of release will reasonably

15  assure the defendant's appearance at subsequent criminal

16  proceedings; or

17         4.  The defendant is charged with DUI manslaughter, as

18  defined by s. 316.193, and that there is a substantial

19  probability that the defendant committed the crime and that

20  the defendant poses a threat of harm to the community;

21  conditions that would support a finding by the court pursuant

22  to this subparagraph that the defendant poses a threat of harm

23  to the community include, but are not limited to, any of the

24  following:

25         a.  The defendant has previously been convicted of any

26  crime under s. 316.193, or of any crime in any other state or

27  territory of the United States that is substantially similar

28  to any crime under s. 316.193;

29         b.  The defendant was driving with a suspended driver's

30  license when the charged crime was committed; or

31  

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 1         c.  The defendant has previously been found guilty of,

 2  or has had adjudication of guilt withheld for, driving while

 3  the defendant's driver's license was suspended or revoked in

 4  violation of s. 322.34;

 5         5.  The defendant poses the threat of harm to the

 6  community. The court may so conclude, if it finds that the

 7  defendant is presently charged with a dangerous crime, that

 8  there is a substantial probability that the defendant

 9  committed such crime, that the factual circumstances of the

10  crime indicate a disregard for the safety of the community,

11  and that there are no conditions of release reasonably

12  sufficient to protect the community from the risk of physical

13  harm to persons.

14         6.  The defendant was on probation, parole, or other

15  release pending completion of sentence or on pretrial release

16  for a dangerous crime at the time the current offense was

17  committed; or

18         7.  The defendant has violated one or more conditions

19  of pretrial release or bond for the offense currently before

20  the court and the violation, in the discretion of the court,

21  supports a finding that no conditions of release can

22  reasonably protect the community from risk of physical harm to

23  persons or assure the presence of the accused at trial.

24         Section 42.  For the purpose of incorporating the

25  amendments to sections 316.193 and 327.35, Florida Statutes,

26  in references thereto, section 938.07, Florida Statutes, is

27  reenacted to read:

28         938.07  Driving or boating under the

29  influence.--Notwithstanding any other provision of s. 316.193

30  or s. 327.35, a court cost of $135 shall be added to any fine

31  imposed pursuant to s. 316.193 or s. 327.35. The clerks shall

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 1  remit the funds to the Department of Revenue, $25 of which

 2  shall be deposited in the Emergency Medical Services Trust

 3  Fund, $50 shall be deposited in the Criminal Justice Standards

 4  and Training Trust Fund of the Department of Law Enforcement

 5  to be used for operational expenses in conducting the

 6  statewide criminal analysis laboratory system established in

 7  s. 943.32, and $60 shall be deposited in the Brain and Spinal

 8  Cord Injury Rehabilitation Trust Fund created in s. 381.79.

 9         Section 43.  For the purpose of incorporating the

10  amendment to section 316.193, Florida Statutes, in references

11  thereto, section 938.21, Florida Statutes, is reenacted to

12  read:

13         938.21  Alcohol and drug abuse

14  programs.--Notwithstanding any provision to the contrary of

15  the laws of this state, the court may assess for alcohol and

16  other drug abuse programs as provided in s. 893.165 any

17  defendant who pleads guilty or nolo contendere to, or is

18  convicted of, a violation of any provision of chapter 893 or

19  which involves a criminal violation of s. 316.193, s. 856.011,

20  s. 856.015, or chapter 562, chapter 567, or chapter 568, in

21  addition to any fine and other penalty provided by law, a

22  court cost in an amount up to the amount of the fine

23  authorized for the violation. The court is authorized to order

24  a defendant to pay an additional assessment if it finds that

25  the defendant has the ability to pay the fine and the

26  additional assessment and will not be prevented thereby from

27  being rehabilitated or from making restitution.

28         Section 44.  For the purpose of incorporating the

29  amendment to section 316.193, Florida Statutes, in references

30  thereto, subsection (1) of section 938.23, Florida Statutes,

31  is reenacted to read:

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 1         938.23  Assistance grants for alcohol and other drug

 2  abuse programs.--

 3         (1)  In addition to any fine imposed by law for any

 4  criminal offense under chapter 893 or for any criminal

 5  violation of s. 316.193, s. 856.011, s. 856.015, or chapter

 6  562, chapter 567, or chapter 568, the court shall be

 7  authorized, pursuant to the requirements of s. 938.21, to

 8  impose an additional assessment in an amount up to the amount

 9  of the fine authorized for the offense. Such additional

10  assessments shall be deposited for the purpose of providing

11  assistance grants to drug abuse treatment or alcohol treatment

12  or education programs as provided in s. 893.165.

13         Section 45.  For the purpose of incorporating the

14  amendment to section 316.193, Florida Statutes, in references

15  thereto, paragraph (d) of subsection (2) of section 943.05,

16  Florida Statutes, is reenacted to read:

17         943.05  Criminal Justice Information Program; duties;

18  crime reports.--

19         (2)  The program shall:

20         (d)  Adopt rules to effectively and efficiently

21  implement, administer, manage, maintain, and use the automated

22  fingerprint identification system and uniform offense reports

23  and arrest reports. The rules shall be considered minimum

24  requirements and shall not preclude a criminal justice agency

25  from implementing its own enhancements. However, rules and

26  forms prescribing uniform arrest or probable cause affidavits

27  and alcohol influence reports to be used by all law

28  enforcement agencies in making DUI arrests under s. 316.193

29  shall be adopted, and shall be used by all law enforcement

30  agencies in this state. The rules and forms prescribing such

31  uniform affidavits and reports shall be adopted and

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 1  implemented by July 1, 2004. Failure to use these uniform

 2  affidavits and reports, however, shall not prohibit

 3  prosecution under s. 316.193.

 4         Section 46.  For the purpose of incorporating the

 5  amendment to section 316.193, Florida Statutes, in references

 6  thereto, paragraph (b) of subsection (8) of section 948.03,

 7  Florida Statutes, is reenacted to read:

 8         948.03  Terms and conditions of probation or community

 9  control.--

10         (8)

11         (b)  In determining the average weekly wage, unless

12  otherwise determined by a specific funding program, all

13  remuneration received from the employer shall be considered a

14  gratuity, and the offender shall not be entitled to any

15  benefits otherwise payable under s. 440.15, regardless of

16  whether the offender may be receiving wages and remuneration

17  from other employment with another employer and regardless of

18  his or her future wage-earning capacity. The provisions of

19  this subsection do not apply to any person performing labor

20  under a sentence of a court to perform community services as

21  provided in s. 316.193.

22         Section 47.  For the purpose of incorporating the

23  amendment to section 316.193, Florida Statutes, in references

24  thereto, paragraph (b) of subsection (3) of section 960.03,

25  Florida Statutes, is reenacted to read:

26         960.03  Definitions; ss. 960.01-960.28.--As used in ss.

27  960.01-960.28, unless the context otherwise requires, the

28  term:

29         (3)  "Crime" means:

30         (b)  A violation of s. 316.193, s. 316.027(1), s.

31  327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results

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 1  in physical injury or death; however, no other act involving

 2  the operation of a motor vehicle, boat, or aircraft which

 3  results in injury or death shall constitute a crime for the

 4  purpose of this chapter unless the injury or death was

 5  intentionally inflicted through the use of such vehicle, boat,

 6  or aircraft or unless such vehicle, boat, or aircraft is an

 7  implement of a crime to which this act applies.

 8         Section 48.  For the purpose of incorporating the

 9  amendment to section 327.35, Florida Statutes, in references

10  thereto, subsection (3) of section 327.352, Florida Statutes,

11  is reenacted to read:

12         327.352  Tests for alcohol, chemical substances, or

13  controlled substances; implied consent; refusal.--

14         (3)  Notwithstanding any provision of law pertaining to

15  the confidentiality of hospital records or other medical

16  records, information relating to the alcoholic content of the

17  blood or breath or the presence of chemical substances or

18  controlled substances in the blood obtained pursuant to this

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

20  defense attorney, or law enforcement officer in connection

21  with an alleged violation of s. 327.35 upon request for such

22  information.

23         Section 49.  For the purpose of incorporating the

24  amendment to section 327.35, Florida Statutes, in references

25  thereto, subsections (1) and (2) of section 327.35215, Florida

26  Statutes, are reenacted to read:

27         327.35215  Penalty for failure to submit to test.--

28         (1)  A person who is lawfully arrested for an alleged

29  violation of s. 327.35 and who refuses to submit to a blood

30  test, breath test, or urine test pursuant to s. 327.352 is

31  subject to a civil penalty of $500.

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 1         (2)  When a person refuses to submit to a blood test,

 2  breath test, or urine test pursuant to s. 327.352, a law

 3  enforcement officer who is authorized to make arrests for

 4  violations of this chapter shall file with the clerk of the

 5  court, on a form provided by the department, a certified

 6  statement that probable cause existed to arrest the person for

 7  a violation of s. 327.35 and that the person refused to submit

 8  to a test as required by s. 327.352. Along with the statement,

 9  the officer must also submit a sworn statement on a form

10  provided by the department that the person has been advised of

11  both the penalties for failure to submit to the blood, breath,

12  or urine test and the procedure for requesting a hearing.

13         Section 50.  For the purpose of incorporating the

14  amendment to section 327.35, Florida Statutes, in references

15  thereto, subsection (4) of section 327.353, Florida Statutes,

16  is reenacted to read:

17         327.353  Blood test for impairment or intoxication in

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

19  reasonable force.--

20         (4)  Notwithstanding any provision of law pertaining to

21  the confidentiality of hospital records or other medical

22  records, information relating to the alcoholic content of the

23  blood or the presence of chemical substances or controlled

24  substances in the blood obtained pursuant to this section

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

26  attorney, or law enforcement officer in connection with an

27  alleged violation of s. 327.35 upon request for such

28  information.

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, subsections (1) and (4) of section 327.354, Florida

 2  Statutes, are reenacted to read:

 3         327.354  Presumption of impairment; testing methods.--

 4         (1)  It is unlawful and punishable as provided in s.

 5  327.35 for any person who is under the influence of alcoholic

 6  beverages or controlled substances, when affected to the

 7  extent that the person's normal faculties are impaired or to

 8  the extent that the person is deprived of full possession of

 9  normal faculties, to operate any vessel within this state.

10  Such normal faculties include, but are not limited to, the

11  ability to see, hear, walk, talk, judge distances, drive an

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

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

14  daily life.

15         (4)  Any person charged with a violation of s. 327.35

16  is entitled to trial by jury according to the Florida Rules of

17  Criminal Procedure.

18         Section 52.  For the purpose of incorporating the

19  amendment to section 327.35, Florida Statutes, in references

20  thereto, paragraph (a) of subsection (1) and subsection (4) of

21  section 327.355, Florida Statutes, are reenacted to read:

22         327.355  Operation of vessels by persons under 21 years

23  of age who have consumed alcoholic beverages.--

24         (1)(a)  Notwithstanding s. 327.35, it is unlawful for a

25  person under the age of 21 who has a breath-alcohol level of

26  0.02 or higher to operate or be in actual physical control of

27  a vessel.

28         (4)  A violation of this section is a noncriminal

29  infraction, and being detained pursuant to this section does

30  not constitute an arrest. This section does not bar

31  prosecution under s. 327.35, and the penalties provided herein

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 1  shall be imposed in addition to any other penalty provided for

 2  boating under the influence or for refusal to submit to

 3  testing.

 4         Section 53.  For the purpose of incorporating the

 5  amendment to section 327.35, Florida Statutes, in references

 6  thereto, subsection (2) of section 327.359, Florida Statutes,

 7  is reenacted to read:

 8         327.359  Refusal to submit to testing; penalties.--Any

 9  person who has refused to submit to a chemical or physical

10  test of his or her breath, blood, or urine, as described in s.

11  327.352, and who has been previously fined for refusal to

12  submit to a lawful test of his or her breath, urine, or blood,

13  and:

14         (2)  Who was placed under lawful arrest for a violation

15  of s. 327.35 unless such test was requested pursuant to s.

16  327.352(1)(c);

17  

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

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

20         Section 54.  For the purpose of incorporating the

21  amendment to section 327.35, Florida Statutes, in references

22  thereto, section 327.36, Florida Statutes, is reenacted to

23  read:

24         327.36  Mandatory adjudication; prohibition against

25  accepting plea to lesser included offense.--

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

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

28  imposition of sentence for any violation of s. 327.35, for

29  manslaughter resulting from the operation of a vessel, or for

30  vessel homicide.

31  

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

 2  lesser offense from a person who is charged with a violation

 3  of s. 327.35, manslaughter resulting from the operation of a

 4  vessel, or vessel homicide and who has been given a breath or

 5  blood test to determine blood or breath alcohol content, the

 6  results of which show a blood-alcohol level or breath-alcohol

 7  level of 0.16 or more.

 8         (b)  A trial judge may not accept a plea of guilty to a

 9  lesser offense from a person charged with a felony violation

10  of s. 327.35, manslaughter resulting from the operation of a

11  vessel, or vessel homicide.

12         Section 55.  This act shall take effect October 1,

13  2004.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                         Senate Bill 2030

17                                 

18  The CS requires the Department of Highway Safety and Motor
    Vehicles (department) to approve a DUI program provider, who
19  has met certain criteria, to serve a county with fewer than
    200 DUI convictions and no permanent satellite office, if the
20  chief judge of the circuit recommends it. It also provides the
    provider is not required to have a satellite office in each
21  county in the circuit.

22  In addition, the CS mandates the department to require the
    placement of an approved ignition interlock device on
23  specified DUI offenders' vehicles prior to issuing such person
    a permanent or restricted driver's license. It also mandates
24  the department to immediately require the device be installed
    if the court fails to so order such installation on an
25  offender's vehicle. Finally, the CS specifies the duration of
    each installation period based upon the number of DUI
26  convictions.

27  

28  

29  

30  

31  

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