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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