HB 0307 2004
1	A bill to be entitled
2	An act relating to driving or boating under the influence;
3	amending s. 316.193, F.S.; revising level of alcohol
4	content in blood or breath at which certain penalties
5	shall apply for the offense of driving under the
6	influence; amending s. 316.656, F.S.; revising level of
7	alcohol content in blood or breath at which the
8	prohibition against accepting plea to lesser offense shall
9	apply; amending s. 327.35, F.S.; revising level of alcohol
10	content in blood or breath at which certain penalties
11	shall apply for the offense of boating under the
12	influence; reenacting ss. 316.066(3)(a), 316.072(4)(b),
13	316.1932(3), 316.1933(4), 316.1934(1) and (4), 316.1937(1)
14	and (2)(d), 316.1939(1)(b), 318.143(4) and (5), 318.17(3),
15	322.03(2), 322.0602(2)(a), 322.21(8), 322.25(5),
16	322.26(1)(a), 322.2615(1), (2), (7), (8)(b), (10)(b), and
17	(14), 322.2616(1)(a), (15), and (19), 322.264(1)(b),
18	322.271(2)(a), (2)(c), and (4), 322.28(2), 322.282(2)(a),
19	322.291(1)(a), 322.34(9)(a), 322.44, 322.62(3),
20	322.63(2)(d) and (6), 322.64(1), (2), (7)(a), (8)(b),
21	(14), and (15), 323.001(4)(f), 327.35(6), 397.405(10),
22	440.02(17)(c), 440.09(7)(b), 493.6106(1)(d), 627.758(4),
23	790.06(2)(f) and (10)(f), 903.36(2), 907.041(4)(c),
24	938.07, 938.21, 938.23(1), 943.05(2)(d), 948.03(8)(b), and
25	960.03(3)(b), F.S.; incorporating the amendment to s.
26	316.193, F.S., in references thereto; reenacting ss.
27	327.352(3), 327.35215(1) and (2), 327.353(4), 327.354(1)
28	and (4), 327.355(1)(a) and (4), 327.359(2), 327.36, and
29	938.07, F.S.; incorporating the amendment to s. 327.35,
30	F.S., in references thereto; providing an effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1. Subsection (4) of section 316.193, Florida
35	Statutes, is amended to read:
36	316.193 Driving under the influence; penalties.--
37	(1) A person is guilty of the offense of driving under the
38	influence and is subject to punishment as provided in subsection
39	(2) if the person is driving or in actual physical control of a
40	vehicle within this state and:
41	(a) The person is under the influence of alcoholic
42	beverages, any chemical substance set forth in s. 877.111, or
43	any substance controlled under chapter 893, when affected to the
44	extent that the person's normal faculties are impaired;
45	(b) The person has a blood-alcohol level of 0.08 or more
46	grams of alcohol per 100 milliliters of blood; or
47	(c) The person has a breath-alcohol level of 0.08 or more
48	grams of alcohol per 210 liters of breath.
49	(2)(a) Except as provided in paragraph (b), subsection
50	(3), or subsection (4), any person who is convicted of a
51	violation of subsection (1) shall be punished:
52	1. By a fine of:
53	a. Not less than $250 or more than $500 for a first
54	conviction.
55	b. Not less than $500 or more than $1,000 for a second
56	conviction; and
57	2. By imprisonment for:
58	a. Not more than 6 months for a first conviction.
59	b. Not more than 9 months for a second conviction.
60	3. For a second conviction, by mandatory placement for a
61	period of at least 1 year, at the convicted person's sole
62	expense, of an ignition interlock device approved by the
63	department in accordance with s. 316.1938 upon all vehicles that
64	are individually or jointly leased or owned and routinely
65	operated by the convicted person, when the convicted person
66	qualifies for a permanent or restricted license. The
67	installation of such device may not occur before July 1, 2003.
68	(b)1. Any person who is convicted of a third violation of
69	this section for an offense that occurs within 10 years after a
70	prior conviction for a violation of this section commits a
71	felony of the third degree, punishable as provided in s.
72	775.082, s. 775.083, or s. 775.084. In addition, the court shall
73	order the mandatory placement for a period of not less than 2
74	years, at the convicted person's sole expense, of an ignition
75	interlock device approved by the department in accordance with
76	s. 316.1938 upon all vehicles that are individually or jointly
77	leased or owned and routinely operated by the convicted person,
78	when the convicted person qualifies for a permanent or
79	restricted license. The installation of such device may not
80	occur before July 1, 2003.
81	2. Any person who is convicted of a third violation of
82	this section for an offense that occurs more than 10 years after
83	the date of a prior conviction for a violation of this section
84	shall be punished by a fine of not less than $1,000 or more than
85	$2,500 and by imprisonment for not more than 12 months. In
86	addition, the court shall order the mandatory placement for a
87	period of at least 2 years, at the convicted person's sole
88	expense, of an ignition interlock device approved by the
89	department in accordance with s. 316.1938 upon all vehicles that
90	are individually or jointly leased or owned and routinely
91	operated by the convicted person, when the convicted person
92	qualifies for a permanent or restricted license. The
93	installation of such device may not occur before July 1, 2003.
94	3. Any person who is convicted of a fourth or subsequent
95	violation of this section, regardless of when any prior
96	conviction for a violation of this section occurred, commits a
97	felony of the third degree, punishable as provided in s.
98	775.082, s. 775.083, or s. 775.084. However, the fine imposed
99	for such fourth or subsequent violation may be not less than
100	$1,000.
101	(3) Any person:
102	(a) Who is in violation of subsection (1);
103	(b) Who operates a vehicle; and
104	(c) Who, by reason of such operation, causes or
105	contributes to causing:
106	1. Damage to the property or person of another commits a
107	misdemeanor of the first degree, punishable as provided in s.
108	775.082 or s. 775.083.
109	2. Serious bodily injury to another, as defined in s.
110	316.1933, commits a felony of the third degree, punishable as
111	provided in s. 775.082, s. 775.083, or s. 775.084.
112	3. The death of any human being commits DUI manslaughter,
113	and commits:
114	a. A felony of the second degree, punishable as provided
115	in s. 775.082, s. 775.083, or s. 775.084.
116	b. A felony of the first degree, punishable as provided in
117	s. 775.082, s. 775.083, or s. 775.084, if:
118	(I) At the time of the crash, the person knew, or should
119	have known, that the crash occurred; and
120	(II) The person failed to give information and render aid
121	as required by s. 316.062.
122	(4)(a)Any person who is convicted of a violation of
123	subsection (1) and who has a blood-alcohol level or breath-
124	alcohol level of 0.16 0.20or higher, or any person who is
125	convicted of a violation of subsection (1) and who at the time
126	of the offense was accompanied in the vehicle by a person under
127	the age of 18 years, shall be punished:
128	1.(a)By a fine of:
129	a.1.Not less than $500 or more than $1,000 for a first
130	conviction.
131	b.2.Not less than $1,000 or more than $2,000 for a second
132	conviction.
133	c.3.Not less than $2,000 for a third or subsequent
134	conviction.
135	2.(b)By imprisonment for:
136	a.1.Not more than 9 months for a first conviction.
137	b.2.Not more than 12 months for a second conviction.
138
139	For the purposes of this subsection, only the instant offense is
140	required to be a violation of subsection (1) by a person who has
141	a blood-alcohol level or breath-alcohol level of 0.20 or higher.
142	(b)(c) In addition to the penalties in paragraph
143	paragraphs (a) and (b), the court shall order the mandatory
144	placement, at the convicted person's sole expense, of an
145	ignition interlock device approved by the department in
146	accordance with s. 316.1938 upon all vehicles that are
147	individually or jointly leased or owned and routinely operated
148	by the convicted person for up to 6 months for the first offense
149	and for at least 2 years for a second offense, when the
150	convicted person qualifies for a permanent or restricted
151	license. The installation of such device may not occur before
152	July 1, 2003.
153
154	For the purposes of this subsection, only the instant offense is
155	required to be a violation of subsection (1) by a person who has
156	a blood-alcohol level or breath-alcohol level of 0.16 or higher.
157	(5) The court shall place all offenders convicted of
158	violating this section on monthly reporting probation and shall
159	require completion of a substance abuse course conducted by a
160	DUI program licensed by the department under s. 322.292, which
161	must include a psychosocial evaluation of the offender. If the
162	DUI program refers the offender to an authorized substance abuse
163	treatment provider for substance abuse treatment, in addition to
164	any sentence or fine imposed under this section, completion of
165	all such education, evaluation, and treatment is a condition of
166	reporting probation. The offender shall assume reasonable costs
167	for such education, evaluation, and treatment. The referral to
168	treatment resulting from a psychosocial evaluation shall not be
169	waived without a supporting independent psychosocial evaluation
170	conducted by an authorized substance abuse treatment provider
171	appointed by the court, which shall have access to the DUI
172	program's psychosocial evaluation before the independent
173	psychosocial evaluation is conducted. The court shall review the
174	results and recommendations of both evaluations before
175	determining the request for waiver. The offender shall bear the
176	full cost of this procedure. The term "substance abuse" means
177	the abuse of alcohol or any substance named or described in
178	Schedules I through V of s. 893.03. If an offender referred to
179	treatment under this subsection fails to report for or complete
180	such treatment or fails to complete the DUI program substance
181	abuse education course and evaluation, the DUI program shall
182	notify the court and the department of the failure. Upon receipt
183	of the notice, the department shall cancel the offender's
184	driving privilege, notwithstanding the terms of the court order
185	or any suspension or revocation of the driving privilege. The
186	department may temporarily reinstate the driving privilege on a
187	restricted basis upon verification from the DUI program that the
188	offender is currently participating in treatment and the DUI
189	education course and evaluation requirement has been completed.
190	If the DUI program notifies the department of the second failure
191	to complete treatment, the department shall reinstate the
192	driving privilege only after notice of completion of treatment
193	from the DUI program. The organization that conducts the
194	substance abuse education and evaluation may not provide
195	required substance abuse treatment unless a waiver has been
196	granted to that organization by the department. A waiver may be
197	granted only if the department determines, in accordance with
198	its rules, that the service provider that conducts the substance
199	abuse education and evaluation is the most appropriate service
200	provider and is licensed under chapter 397 or is exempt from
201	such licensure. A statistical referral report shall be submitted
202	quarterly to the department by each organization authorized to
203	provide services under this section.
204	(6) With respect to any person convicted of a violation of
205	subsection (1), regardless of any penalty imposed pursuant to
206	subsection (2), subsection (3), or subsection (4):
207	(a) For the first conviction, the court shall place the
208	defendant on probation for a period not to exceed 1 year and, as
209	a condition of such probation, shall order the defendant to
210	participate in public service or a community work project for a
211	minimum of 50 hours; or the court may order instead, that any
212	defendant pay an additional fine of $10 for each hour of public
213	service or community work otherwise required, if, after
214	consideration of the residence or location of the defendant at
215	the time public service or community work is required, payment
216	of the fine is in the best interests of the state. However, the
217	total period of probation and incarceration may not exceed 1
218	year. The court must also, as a condition of probation, order
219	the impoundment or immobilization of the vehicle that was
220	operated by or in the actual control of the defendant or any one
221	vehicle registered in the defendant's name at the time of
222	impoundment or immobilization, for a period of 10 days or for
223	the unexpired term of any lease or rental agreement that expires
224	within 10 days. The impoundment or immobilization must not occur
225	concurrently with the incarceration of the defendant. The
226	impoundment or immobilization order may be dismissed in
227	accordance with paragraph (e), paragraph (f), paragraph (g), or
228	paragraph (h).
229	(b) For the second conviction for an offense that occurs
230	within a period of 5 years after the date of a prior conviction
231	for violation of this section, the court shall order
232	imprisonment for not less than 10 days. The court must also, as
233	a condition of probation, order the impoundment or
234	immobilization of all vehicles owned by the defendant at the
235	time of impoundment or immobilization, for a period of 30 days
236	or for the unexpired term of any lease or rental agreement that
237	expires within 30 days. The impoundment or immobilization must
238	not occur concurrently with the incarceration of the defendant
239	and must occur concurrently with the driver's license revocation
240	imposed under s. 322.28(2)(a)2. The impoundment or
241	immobilization order may be dismissed in accordance with
242	paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
243	At least 48 hours of confinement must be consecutive.
244	(c) For the third or subsequent conviction for an offense
245	that occurs within a period of 10 years after the date of a
246	prior conviction for violation of this section, the court shall
247	order imprisonment for not less than 30 days. The court must
248	also, as a condition of probation, order the impoundment or
249	immobilization of all vehicles owned by the defendant at the
250	time of impoundment or immobilization, for a period of 90 days
251	or for the unexpired term of any lease or rental agreement that
252	expires within 90 days. The impoundment or immobilization must
253	not occur concurrently with the incarceration of the defendant
254	and must occur concurrently with the driver's license revocation
255	imposed under s. 322.28(2)(a)3. The impoundment or
256	immobilization order may be dismissed in accordance with
257	paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
258	At least 48 hours of confinement must be consecutive.
259	(d) The court must at the time of sentencing the defendant
260	issue an order for the impoundment or immobilization of a
261	vehicle. Within 7 business days after the date that the court
262	issues the order of impoundment or immobilization, the clerk of
263	the court must send notice by certified mail, return receipt
264	requested, to the registered owner of each vehicle, if the
265	registered owner is a person other than the defendant, and to
266	each person of record claiming a lien against the vehicle.
267	(e) A person who owns but was not operating the vehicle
268	when the offense occurred may submit to the court a police
269	report indicating that the vehicle was stolen at the time of the
270	offense or documentation of having purchased the vehicle after
271	the offense was committed from an entity other than the
272	defendant or the defendant's agent. If the court finds that the
273	vehicle was stolen or that the sale was not made to circumvent
274	the order and allow the defendant continued access to the
275	vehicle, the order must be dismissed and the owner of the
276	vehicle will incur no costs. If the court denies the request to
277	dismiss the order of impoundment or immobilization, the
278	petitioner may request an evidentiary hearing.
279	(f) A person who owns but was not operating the vehicle
280	when the offense occurred, and whose vehicle was stolen or who
281	purchased the vehicle after the offense was committed directly
282	from the defendant or the defendant's agent, may request an
283	evidentiary hearing to determine whether the impoundment or
284	immobilization should occur. If the court finds that either the
285	vehicle was stolen or the purchase was made without knowledge of
286	the offense, that the purchaser had no relationship to the
287	defendant other than through the transaction, and that such
288	purchase would not circumvent the order and allow the defendant
289	continued access to the vehicle, the order must be dismissed and
290	the owner of the vehicle will incur no costs.
291	(g) The court shall also dismiss the order of impoundment
292	or immobilization of the vehicle if the court finds that the
293	family of the owner of the vehicle has no other private or
294	public means of transportation.
295	(h) The court may also dismiss the order of impoundment or
296	immobilization of any vehicles that are owned by the defendant
297	but that are operated solely by the employees of the defendant
298	or any business owned by the defendant.
299	(i) All costs and fees for the impoundment or
300	immobilization, including the cost of notification, must be paid
301	by the owner of the vehicle or, if the vehicle is leased or
302	rented, by the person leasing or renting the vehicle, unless the
303	impoundment or immobilization order is dismissed. All provisions
304	of s. 713.78 shall apply.
305	(j) The person who owns a vehicle that is impounded or
306	immobilized under this paragraph, or a person who has a lien of
307	record against such a vehicle and who has not requested a review
308	of the impoundment pursuant to paragraph (e), paragraph (f), or
309	paragraph (g), may, within 10 days after the date that person
310	has knowledge of the location of the vehicle, file a complaint
311	in the county in which the owner resides to determine whether
312	the vehicle was wrongfully taken or withheld from the owner or
313	lienholder. Upon the filing of a complaint, the owner or
314	lienholder may have the vehicle released by posting with the
315	court a bond or other adequate security equal to the amount of
316	the costs and fees for impoundment or immobilization, including
317	towing or storage, to ensure the payment of such costs and fees
318	if the owner or lienholder does not prevail. When the bond is
319	posted and the fee is paid as set forth in s. 28.24, the clerk
320	of the court shall issue a certificate releasing the vehicle. At
321	the time of release, after reasonable inspection, the owner or
322	lienholder must give a receipt to the towing or storage company
323	indicating any loss or damage to the vehicle or to the contents
324	of the vehicle.
325	(k) A defendant, in the court's discretion, may be
326	required to serve all or any portion of a term of imprisonment
327	to which the defendant has been sentenced pursuant to this
328	section in a residential alcoholism treatment program or a
329	residential drug abuse treatment program. Any time spent in such
330	a program must be credited by the court toward the term of
331	imprisonment.
332
333	For the purposes of this section, any conviction for a violation
334	of s. 327.35; a previous conviction for the violation of former
335	s. 316.1931, former s. 860.01, or former s. 316.028; or a
336	previous conviction outside this state for driving under the
337	influence, driving while intoxicated, driving with an unlawful
338	blood-alcohol level, driving with an unlawful breath-alcohol
339	level, or any other similar alcohol-related or drug-related
340	traffic offense, is also considered a previous conviction for
341	violation of this section. However, in satisfaction of the fine
342	imposed pursuant to this section, the court may, upon a finding
343	that the defendant is financially unable to pay either all or
344	part of the fine, order that the defendant participate for a
345	specified additional period of time in public service or a
346	community work project in lieu of payment of that portion of the
347	fine which the court determines the defendant is unable to pay.
348	In determining such additional sentence, the court shall
349	consider the amount of the unpaid portion of the fine and the
350	reasonable value of the services to be ordered; however, the
351	court may not compute the reasonable value of services at a rate
352	less than the federal minimum wage at the time of sentencing.
353	(7) A conviction under this section does not bar any civil
354	suit for damages against the person so convicted.
355	(8) At the arraignment, or in conjunction with any notice
356	of arraignment provided by the clerk of the court, the clerk
357	shall provide any person charged with a violation of this
358	section with notice that upon conviction the court shall suspend
359	or revoke the offender's driver's license and that the offender
360	should make arrangements for transportation at any proceeding in
361	which the court may take such action. Failure to provide such
362	notice does not affect the court's suspension or revocation of
363	the offender's driver's license.
364	(9) A person who is arrested for a violation of this
365	section may not be released from custody:
366	(a) Until the person is no longer under the influence of
367	alcoholic beverages, any chemical substance set forth in s.
368	877.111, or any substance controlled under chapter 893 and
369	affected to the extent that his or her normal faculties are
370	impaired;
371	(b) Until the person's blood-alcohol level or breath-
372	alcohol level is less than 0.05; or
373	(c) Until 8 hours have elapsed from the time the person
374	was arrested.
375	(10) The rulings of the Department of Highway Safety and
376	Motor Vehicles under s. 322.2615 shall not be considered in any
377	trial for a violation of this section. Testimony or evidence
378	from the administrative proceedings or any written statement
379	submitted by a person in his or her request for administrative
380	review is inadmissible into evidence or for any other purpose in
381	any criminal proceeding, unless timely disclosed in criminal
382	discovery pursuant to Rule 3.220, Florida Rules of Criminal
383	Procedure.
384	(11) The Department of Highway Safety and Motor Vehicles
385	is directed to adopt rules providing for the implementation of
386	the use of ignition interlock devices.
387	Section 2. Subsection (2) of section 316.656, Florida
388	Statutes, is amended to read:
389	316.656 Mandatory adjudication; prohibition against
390	accepting plea to lesser included offense.--
391	(1) Notwithstanding the provisions of s. 948.01, no court
392	may suspend, defer, or withhold adjudication of guilt or
393	imposition of sentence for any violation of s. 316.193, for
394	manslaughter resulting from the operation of a motor vehicle, or
395	for vehicular homicide.
396	(2)(a) No trial judge may accept a plea of guilty to a
397	lesser offense from a person charged under the provisions of
398	this act who has been given a breath or blood test to determine
399	blood or breath alcohol content, the results of which show a
400	blood or breath alcohol content by weight of 0.16 0.20percent
401	or more.
402	(b) No trial judge may accept a plea of guilty to a lesser
403	offense from a person charged with a violation of s. 316.193(3),
404	manslaughter resulting from the operation of a motor vehicle, or
405	vehicular homicide.
406	Section 3. Subsection (4) of section 327.35, Florida
407	Statutes, is amended to read:
408	327.35 Boating under the influence; penalties; "designated
409	drivers".--
410	(4) Any person who is convicted of a violation of
411	subsection (1) and who has a blood-alcohol level or breath-
412	alcohol level of 0.16 0.20or higher, or any person who is
413	convicted of a violation of subsection (1) and who at the time
414	of the offense was accompanied in the vessel by a person under
415	the age of 18 years, shall be punished:
416	(a) By a fine of:
417	1. Not less than $500 or more than $1,000 for a first
418	conviction.
419	2. Not less than $1,000 or more than $2,000 for a second
420	conviction.
421	3. Not less than $2,000 for a third or subsequent
422	conviction.
423	(b) By imprisonment for:
424	1. Not more than 9 months for a first conviction.
425	2. Not more than 12 months for a second conviction.
426
427	For the purposes of this subsection, only the instant offense is
428	required to be a violation of subsection (1) by a person who has
429	a blood-alcohol level or breath-alcohol level of 0.16 0.20or
430	higher.
431	Section 4. For the purpose of incorporating the amendment
432	to section 316.193, Florida Statutes, in references thereto,
433	paragraph (a) of subsection (3) of section 316.066, Florida
434	Statutes, is reenacted to read:
435	316.066 Written reports of crashes.--
436	(3)(a) Every law enforcement officer who in the regular
437	course of duty investigates a motor vehicle crash:
438	1. Which crash resulted in death or personal injury shall,
439	within 10 days after completing the investigation, forward a
440	written report of the crash to the department or traffic records
441	center.
442	2. Which crash involved a violation of s. 316.061(1) or s.
443	316.193 shall, within 10 days after completing the
444	investigation, forward a written report of the crash to the
445	department or traffic records center.
446	3. In which crash a vehicle was rendered inoperative to a
447	degree which required a wrecker to remove it from traffic may,
448	within 10 days after completing the investigation, forward a
449	written report of the crash to the department or traffic records
450	center if such action is appropriate, in the officer's
451	discretion.
452
453	However, in every case in which a crash report is required by
454	this section and a written report to a law enforcement officer
455	is not prepared, the law enforcement officer shall provide each
456	party involved in the crash a short-form report, prescribed by
457	the state, to be completed by the party. The short-form report
458	must include, but is not limited to: the date, time, and
459	location of the crash; a description of the vehicles involved;
460	the names and addresses of the parties involved; the names and
461	addresses of witnesses; the name, badge number, and law
462	enforcement agency of the officer investigating the crash; and
463	the names of the insurance companies for the respective parties
464	involved in the crash. Each party to the crash shall provide the
465	law enforcement officer with proof of insurance to be included
466	in the crash report. If a law enforcement officer submits a
467	report on the accident, proof of insurance must be provided to
468	the officer by each party involved in the crash. Any party who
469	fails to provide the required information is guilty of an
470	infraction for a nonmoving violation, punishable as provided in
471	chapter 318 unless the officer determines that due to injuries
472	or other special circumstances such insurance information cannot
473	be provided immediately. If the person provides the law
474	enforcement agency, within 24 hours after the crash, proof of
475	insurance that was valid at the time of the crash, the law
476	enforcement agency may void the citation.
477	Section 5. For the purpose of incorporating the amendment
478	to section 316.193, Florida Statutes, in references thereto,
479	paragraph (b) of subsection (4) of section 316.072, Florida
480	Statutes, is reenacted to read:
481	316.072 Obedience to and effect of traffic laws.--
482	(4) PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
483	EXCEPTIONS.--
484	(b) Unless specifically made applicable, the provisions of
485	this chapter, except those contained in ss. 316.192, 316.1925,
486	and 316.193, shall not apply to persons, teams, or motor
487	vehicles and other equipment while actually engaged in work upon
488	the surface of a highway, but shall apply to such persons and
489	vehicles when traveling to or from such work.
490	Section 6. For the purpose of incorporating the amendment
491	to section 316.193, Florida Statutes, in references thereto,
492	subsection (3) of section 316.1932, Florida Statutes, is
493	reenacted to read:
494	316.1932 Tests for alcohol, chemical substances, or
495	controlled substances; implied consent; refusal.--
496	(3) Notwithstanding any provision of law pertaining to the
497	confidentiality of hospital records or other medical records,
498	information relating to the alcoholic content of the blood or
499	breath or the presence of chemical substances or controlled
500	substances in the blood obtained pursuant to this section shall
501	be released to a court, prosecuting attorney, defense attorney,
502	or law enforcement officer in connection with an alleged
503	violation of s. 316.193 upon request for such information.
504	Section 7. For the purpose of incorporating the amendment
505	to section 316.193, Florida Statutes, in references thereto,
506	subsection (4) of section 316.1933, Florida Statutes, is
507	reenacted to read:
508	316.1933 Blood test for impairment or intoxication in
509	cases of death or serious bodily injury; right to use reasonable
510	force.--
511	(4) Notwithstanding any provision of law pertaining to the
512	confidentiality of hospital records or other medical records,
513	information relating to the alcoholic content of the blood or
514	the presence of chemical substances or controlled substances in
515	the blood obtained pursuant to this section shall be released to
516	a court, prosecuting attorney, defense attorney, or law
517	enforcement officer in connection with an alleged violation of
518	s. 316.193 upon request for such information.
519	Section 8. For the purpose of incorporating the amendment
520	to section 316.193, Florida Statutes, in references thereto,
521	subsections (1) and (4) of section 316.1934, Florida Statutes,
522	are reenacted to read:
523	316.1934 Presumption of impairment; testing methods.--
524	(1) It is unlawful and punishable as provided in chapter
525	322 and in s. 316.193 for any person who is under the influence
526	of alcoholic beverages or controlled substances, when affected
527	to the extent that the person's normal faculties are impaired or
528	to the extent that the person is deprived of full possession of
529	normal faculties, to drive or be in actual physical control of
530	any motor vehicle within this state. Such normal faculties
531	include, but are not limited to, the ability to see, hear, walk,
532	talk, judge distances, drive an automobile, make judgments, act
533	in emergencies, and, in general, normally perform the many
534	mental and physical acts of daily life.
535	(4) Any person charged with a violation of s. 316.193,
536	whether in a municipality or not, is entitled to trial by jury
537	according to the Florida Rules of Criminal Procedure.
538	Section 9. For the purpose of incorporating the amendment
539	to section 316.193, Florida Statutes, in references thereto,
540	subsection (1) and paragraph (d) of subsection (2) of section
541	316.1937, Florida Statutes, are reenacted to read:
542	316.1937 Ignition interlock devices, requiring; unlawful
543	acts.--
544	(1) In addition to any other authorized penalties, the
545	court may require that any person who is convicted of driving
546	under the influence in violation of s. 316.193 shall not operate
547	a motor vehicle unless that vehicle is equipped with a
548	functioning ignition interlock device certified by the
549	department as provided in s. 316.1938, and installed in such a
550	manner that the vehicle will not start if the operator's blood
551	alcohol level is in excess of 0.05 percent or as otherwise
552	specified by the court. The court may require the use of an
553	approved ignition interlock device for a period of not less than
554	6 months, if the person is permitted to operate a motor vehicle,
555	whether or not the privilege to operate a motor vehicle is
556	restricted, as determined by the court. The court, however,
557	shall order placement of an ignition interlock device in those
558	circumstances required by s. 316.193.
559	(2) If the court imposes the use of an ignition interlock
560	device, the court shall:
561	(d) Determine the person's ability to pay for installation
562	of the device if the person claims inability to pay. If the
563	court determines that the person is unable to pay for
564	installation of the device, the court may order that any portion
565	of a fine paid by the person for a violation of s. 316.193 shall
566	be allocated to defray the costs of installing the device.
567	Section 10. For the purpose of incorporating the amendment
568	to section 316.193, Florida Statutes, in references thereto,
569	paragraph (b) of subsection (1) of section 316.1939, Florida
570	Statutes, is reenacted to read:
571	316.1939 Refusal to submit to testing; penalties.--
572	(1) Any person who has refused to submit to a chemical or
573	physical test of his or her breath, blood, or urine, as
574	described in s. 316.1932, and whose driving privilege was
575	previously suspended for a prior refusal to submit to a lawful
576	test of his or her breath, urine, or blood, and:
577	(b) Who was placed under lawful arrest for a violation of
578	s. 316.193 unless such test was requested pursuant to s.
579	316.1932(1)(c);
580
581	commits a misdemeanor of the first degree and is subject to
582	punishment as provided in s. 775.082 or s. 775.083.
583	Section 11. For the purpose of incorporating the amendment
584	to section 316.193, Florida Statutes, in references thereto,
585	subsections (4) and (5) of section 318.143, Florida Statutes,
586	are reenacted to read:
587	318.143 Sanctions for infractions by minors.--
588	(4) For the first conviction for a violation of s.
589	316.193, the court may order the Department of Highway Safety
590	and Motor Vehicles to revoke the minor's driver's license until
591	the minor is 18 years of age. For a second or subsequent
592	conviction for such a violation, the court may order the
593	Department of Highway Safety and Motor Vehicles to revoke the
594	minor's driver's license until the minor is 21 years of age.
595	(5) A minor who is arrested for a violation of s. 316.193
596	may be released from custody as soon as:
597	(a) The minor is no longer under the influence of
598	alcoholic beverages, of any chemical substance set forth in s.
599	877.111, or of any substance controlled under chapter 893, and
600	is not affected to the extent that his or her normal faculties
601	are impaired;
602	(b) The minor's blood-alcohol level is less than 0.05
603	percent; or
604	(c) Six hours have elapsed after the minor's arrest.
605	Section 12. For the purpose of incorporating the amendment
606	to section 316.193, Florida Statutes, in references thereto,
607	subsection (3) of section 318.17, Florida Statutes, is reenacted
608	to read:
609	318.17 Offenses excepted.--No provision of this chapter is
610	available to a person who is charged with any of the following
611	offenses:
612	(3) Driving, or being in actual physical control of, any
613	vehicle while under the influence of alcoholic beverages, any
614	chemical substance set forth in s. 877.111, or any substance
615	controlled under chapter 893, in violation of s. 316.193, or
616	driving with an unlawful blood-alcohol level;
617	Section 13. For the purpose of incorporating the amendment
618	to section 316.193, Florida Statutes, in references thereto,
619	subsection (2) of section 322.03, Florida Statutes, is reenacted
620	to read:
621	322.03 Drivers must be licensed; penalties.--
622	(2) Prior to issuing a driver's license, the department
623	shall require any person who has been convicted two or more
624	times of a violation of s. 316.193 or of a substantially similar
625	alcohol-related or drug-related offense outside this state
626	within the preceding 5 years, or who has been convicted of three
627	or more such offenses within the preceding 10 years, to present
628	proof of successful completion of or enrollment in a department-
629	approved substance abuse education course. If the person fails
630	to complete such education course within 90 days after issuance,
631	the department shall cancel the license. Further, prior to
632	issuing the driver's license the department shall require such
633	person to present proof of financial responsibility as provided
634	in s. 324.031. For the purposes of this paragraph, a previous
635	conviction for violation of former s. 316.028, former s.
636	316.1931, or former s. 860.01 shall be considered a previous
637	conviction for violation of s. 316.193.
638	Section 14. For the purpose of incorporating the amendment
639	to section 316.193, Florida Statutes, in references thereto,
640	paragraph (a) of subsection (2) of section 322.0602, Florida
641	Statutes, is reenacted to read:
642	322.0602 Youthful Drunk Driver Visitation Program.--
643	(2) COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR
644	PARTICIPATION.--
645	(a) If a person is convicted of a violation of s. 316.193,
646	the court may order, as a term and condition of probation in
647	addition to any other term or condition required or authorized
648	by law, that the probationer participate in the Youthful Drunk
649	Driver Visitation Program.
650	Section 15. For the purpose of incorporating the amendment
651	to section 316.193, Florida Statutes, in references thereto,
652	subsection (8) of section 322.21, Florida Statutes, is reenacted
653	to read:
654	322.21 License fees; procedure for handling and collecting
655	fees.--
656	(8) Any person who applies for reinstatement following the
657	suspension or revocation of the person's driver's license shall
658	pay a service fee of $35 following a suspension, and $60
659	following a revocation, which is in addition to the fee for a
660	license. Any person who applies for reinstatement of a
661	commercial driver's license following the disqualification of
662	the person's privilege to operate a commercial motor vehicle
663	shall pay a service fee of $60, which is in addition to the fee
664	for a license. The department shall collect all of these fees at
665	the time of reinstatement. The department shall issue proper
666	receipts for such fees and shall promptly transmit all funds
667	received by it as follows:
668	(a) Of the $35 fee received from a licensee for
669	reinstatement following a suspension, the department shall
670	deposit $15 in the General Revenue Fund and $20 in the Highway
671	Safety Operating Trust Fund.
672	(b) Of the $60 fee received from a licensee for
673	reinstatement following a revocation or disqualification, the
674	department shall deposit $35 in the General Revenue Fund and $25
675	in the Highway Safety Operating Trust Fund.
676
677	If the revocation or suspension of the driver's license was for
678	a violation of s. 316.193, or for refusal to submit to a lawful
679	breath, blood, or urine test, an additional fee of $115 must be
680	charged. However, only one $115 fee may be collected from one
681	person convicted of violations arising out of the same incident.
682	The department shall collect the $115 fee and deposit the fee
683	into the Highway Safety Operating Trust Fund at the time of
684	reinstatement of the person's driver's license, but the fee may
685	not be collected if the suspension or revocation is overturned.
686	Section 16. For the purpose of incorporating the amendment
687	to section 316.193, Florida Statutes, in references thereto,
688	subsection (5) of section 322.25, Florida Statutes, is reenacted
689	to read:
690	322.25 When court to forward license to department and
691	report convictions; temporary reinstatement of driving
692	privileges.--
693	(5) For the purpose of this chapter, the entrance of a
694	plea of nolo contendere by the defendant to a charge of driving
695	while intoxicated, driving under the influence, driving with an
696	unlawful blood-alcohol level, or any other alcohol-related or
697	drug-related traffic offense similar to the offenses specified
698	in s. 316.193, accepted by the court and under which plea the
699	court has entered a fine or sentence, whether in this state or
700	any other state or country, shall be equivalent to a conviction.
701	Section 17. For the purpose of incorporating the amendment
702	to section 316.193, Florida Statutes, in references thereto,
703	paragraph (a) of subsection (1) of section 322.26, Florida
704	Statutes, is reenacted to read:
705	322.26 Mandatory revocation of license by department.--The
706	department shall forthwith revoke the license or driving
707	privilege of any person upon receiving a record of such person's
708	conviction of any of the following offenses:
709	(1)(a) Murder resulting from the operation of a motor
710	vehicle, DUI manslaughter where the conviction represents a
711	subsequent DUI-related conviction, or a fourth violation of s.
712	316.193 or former s. 316.1931. For such cases, the revocation of
713	the driver's license or driving privilege shall be permanent.
714	Section 18. For the purpose of incorporating the amendment
715	to section 316.193, Florida Statutes, in references thereto,
716	subsections (1), (2), and (7), paragraph (b) of subsection (8),
717	paragraph (b) of subsection (10), and subsection (14) of section
718	322.2615, Florida Statutes, are reenacted to read:
719	322.2615 Suspension of license; right to review.--
720	(1)(a) A law enforcement officer or correctional officer
721	shall, on behalf of the department, suspend the driving
722	privilege of a person who has been arrested by a law enforcement
723	officer for a violation of s. 316.193, relating to unlawful
724	blood-alcohol level or breath-alcohol level, or of a person who
725	has refused to submit to a breath, urine, or blood test
726	authorized by s. 316.1932. The officer shall take the person's
727	driver's license and issue the person a 10-day temporary permit
728	if the person is otherwise eligible for the driving privilege
729	and shall issue the person a notice of suspension. If a blood
730	test has been administered, the results of which are not
731	available to the officer at the time of the arrest, the agency
732	employing the officer shall transmit such results to the
733	department within 5 days after receipt of the results. If the
734	department then determines that the person was arrested for a
735	violation of s. 316.193 and that the person had a blood-alcohol
736	level or breath-alcohol level of 0.08 or higher, the department
737	shall suspend the person's driver's license pursuant to
738	subsection (3).
739	(b) The suspension under paragraph (a) shall be pursuant
740	to, and the notice of suspension shall inform the driver of, the
741	following:
742	1.a. The driver refused to submit to a lawful breath,
743	blood, or urine test and his or her driving privilege is
744	suspended for a period of 1 year for a first refusal or for a
745	period of 18 months if his or her driving privilege has been
746	previously suspended as a result of a refusal to submit to such
747	a test; or
748	b. The driver violated s. 316.193 by driving with an
749	unlawful blood-alcohol level as provided in that section and his
750	or her driving privilege is suspended for a period of 6 months
751	for a first offense or for a period of 1 year if his or her
752	driving privilege has been previously suspended for a violation
753	of s. 316.193.
754	2. The suspension period shall commence on the date of
755	arrest or issuance of the notice of suspension, whichever is
756	later.
757	3. The driver may request a formal or informal review of
758	the suspension by the department within 10 days after the date
759	of arrest or issuance of the notice of suspension, whichever is
760	later.
761	4. The temporary permit issued at the time of arrest will
762	expire at midnight of the 10th day following the date of arrest
763	or issuance of the notice of suspension, whichever is later.
764	5. The driver may submit to the department any materials
765	relevant to the arrest.
766	(2) Except as provided in paragraph (1)(a), the law
767	enforcement officer shall forward to the department, within 5
768	days after the date of the arrest, a copy of the notice of
769	suspension, the driver's license of the person arrested, and a
770	report of the arrest, including an affidavit stating the
771	officer's grounds for belief that the person arrested was in
772	violation of s. 316.193; the results of any breath or blood test
773	or an affidavit stating that a breath, blood, or urine test was
774	requested by a law enforcement officer or correctional officer
775	and that the person arrested refused to submit; a copy of the
776	citation issued to the person arrested; and the officer's
777	description of the person's field sobriety test, if any. The
778	failure of the officer to submit materials within the 5-day
779	period specified in this subsection and in subsection (1) shall
780	not affect the department's ability to consider any evidence
781	submitted at or prior to the hearing. The officer may also
782	submit a copy of a videotape of the field sobriety test or the
783	attempt to administer such test.
784	(7) In a formal review hearing under subsection (6) or an
785	informal review hearing under subsection (4), the hearing
786	officer shall determine by a preponderance of the evidence
787	whether sufficient cause exists to sustain, amend, or invalidate
788	the suspension. The scope of the review shall be limited to the
789	following issues:
790	(a) If the license was suspended for driving with an
791	unlawful blood-alcohol level in violation of s. 316.193:
792	1. Whether the arresting law enforcement officer had
793	probable cause to believe that the person was driving or in
794	actual physical control of a motor vehicle in this state while
795	under the influence of alcoholic beverages or controlled
796	substances.
797	2. Whether the person was placed under lawful arrest for a
798	violation of s. 316.193.
799	3. Whether the person had an unlawful blood-alcohol level
800	as provided in s. 316.193.
801	(b) If the license was suspended for refusal to submit to
802	a breath, blood, or urine test:
803	1. Whether the arresting law enforcement officer had
804	probable cause to believe that the person was driving or in
805	actual physical control of a motor vehicle in this state while
806	under the influence of alcoholic beverages or controlled
807	substances.
808	2. Whether the person was placed under lawful arrest for a
809	violation of s. 316.193.
810	3. Whether the person refused to submit to any such test
811	after being requested to do so by a law enforcement officer or
812	correctional officer.
813	4. Whether the person was told that if he or she refused
814	to submit to such test his or her privilege to operate a motor
815	vehicle would be suspended for a period of 1 year or, in the
816	case of a second or subsequent refusal, for a period of 18
817	months.
818	(8) Based on the determination of the hearing officer
819	pursuant to subsection (7) for both informal hearings under
820	subsection (4) and formal hearings under subsection (6), the
821	department shall:
822	(b) Sustain the suspension of the person's driving
823	privilege for a period of 6 months for a violation of s.
824	316.193, or for a period of 1 year if the driving privilege of
825	such person has been previously suspended as a result of a
826	violation of s. 316.193. The suspension period commences on the
827	date of the arrest or issuance of the notice of suspension,
828	whichever is later.
829	(10) A person whose driver's license is suspended under
830	subsection (1) or subsection (3) may apply for issuance of a
831	license for business or employment purposes only if the person
832	is otherwise eligible for the driving privilege pursuant to s.
833	322.271.
834	(b) If the suspension of the driver's license of the
835	person arrested for a violation of s. 316.193, relating to
836	unlawful blood-alcohol level, is sustained, the person is not
837	eligible to receive a license for business or employment
838	purposes only pursuant to s. 322.271 until 30 days have elapsed
839	after the expiration of the last temporary permit issued. If the
840	driver is not issued a 10-day permit pursuant to this section or
841	s. 322.64 because he or she is ineligible for the permit and the
842	suspension for a violation of s. 316.193, relating to unlawful
843	blood-alcohol level, is not invalidated by the department, the
844	driver is not eligible to receive a business or employment
845	license pursuant to s. 322.271 until 30 days have elapsed from
846	the date of the arrest.
847	(14) The decision of the department under this section
848	shall not be considered in any trial for a violation of s.
849	316.193, nor shall any written statement submitted by a person
850	in his or her request for departmental review under this section
851	be admissible into evidence against him or her in any such
852	trial. The disposition of any related criminal proceedings shall
853	not affect a suspension imposed pursuant to this section.
854	Section 19. For the purpose of incorporating the amendment
855	to section 316.193, Florida Statutes, in references thereto,
856	paragraph (a) of subsection (1) and subsections (15) and (19) of
857	section 322.2616, Florida Statutes, are reenacted to read:
858	322.2616 Suspension of license; persons under 21 years of
859	age; right to review.--
860	(1)(a) Notwithstanding s. 316.193, it is unlawful for a
861	person under the age of 21 who has a blood-alcohol or breath-
862	alcohol level of 0.02 or higher to drive or be in actual
863	physical control of a motor vehicle.
864	(15) The decision of the department under this section
865	shall not be considered in any trial for a violation of s.
866	316.193, nor shall any written statement submitted by a person
867	in his or her request for departmental review under this section
868	be admissible into evidence against him or her in any such
869	trial. The disposition of any related criminal proceedings shall
870	not affect a suspension imposed under this section.
871	(19) A violation of this section is neither a traffic
872	infraction nor a criminal offense, nor does being detained
873	pursuant to this section constitute an arrest. A violation of
874	this section is subject to the administrative action provisions
875	of this section, which are administered by the department
876	through its administrative processes. Administrative actions
877	taken pursuant to this section shall be recorded in the motor
878	vehicle records maintained by the department. This section does
879	not bar prosecution under s. 316.193. However, if the department
880	suspends a person's license under s. 322.2615 for a violation of
881	s. 316.193, it may not also suspend the person's license under
882	this section for the same episode that was the basis for the
883	suspension under s. 322.2615.
884	Section 20. For the purpose of incorporating the amendment
885	to section 316.193, Florida Statutes, in references thereto,
886	paragraph (b) of subsection (1) of section 322.264, Florida
887	Statutes, is reenacted to read:
888	322.264 "Habitual traffic offender" defined.--A "habitual
889	traffic offender" is any person whose record, as maintained by
890	the Department of Highway Safety and Motor Vehicles, shows that
891	such person has accumulated the specified number of convictions
892	for offenses described in subsection (1) or subsection (2)
893	within a 5-year period:
894	(1) Three or more convictions of any one or more of the
895	following offenses arising out of separate acts:
896	(b) Any violation of s. 316.193, former s. 316.1931, or
897	former s. 860.01;
898
899	Any violation of any federal law, any law of another state or
900	country, or any valid ordinance of a municipality or county of
901	another state similar to a statutory prohibition specified in
902	subsection (1) or subsection (2) shall be counted as a violation
903	of such prohibition. In computing the number of convictions, all
904	convictions during the 5 years previous to July 1, 1972, will be
905	used, provided at least one conviction occurs after that date.
906	The fact that previous convictions may have resulted in
907	suspension, revocation, or disqualification under another
908	section does not exempt them from being used for suspension or
909	revocation under this section as a habitual offender.
910	Section 21. For the purpose of incorporating the amendment
911	to section 316.193, Florida Statutes, in references thereto,
912	paragraphs (a) and (c) of subsection (2) and subsection (4) of
913	section 322.271, Florida Statutes, are reenacted to read:
914	322.271 Authority to modify revocation, cancellation, or
915	suspension order.--
916	(2)(a) Upon such hearing, the person whose license has
917	been suspended, canceled, or revoked may show that such
918	suspension, cancellation, or revocation of his or her license
919	causes a serious hardship and precludes the person's carrying
920	out his or her normal business occupation, trade, or employment
921	and that the use of the person's license in the normal course of
922	his or her business is necessary to the proper support of the
923	person or his or her family. Except as otherwise provided in
924	this subsection, the department shall require proof of the
925	successful completion of the applicable department-approved
926	driver training course operating pursuant to s. 318.1451 or DUI
927	program substance abuse education course and evaluation as
928	provided in s. 316.193(5). Letters of recommendation from
929	respected business persons in the community, law enforcement
930	officers, or judicial officers may also be required to determine
931	whether such person should be permitted to operate a motor
932	vehicle on a restricted basis for business or employment use
933	only and in determining whether such person can be trusted to so
934	operate a motor vehicle. If a driver's license has been
935	suspended under the point system or pursuant to s. 322.2615, the
936	department shall require proof of enrollment in the applicable
937	department-approved driver training course or licensed DUI
938	program substance abuse education course, including evaluation
939	and treatment, if referred, and may require letters of
940	recommendation described in this subsection to determine if the
941	driver should be reinstated on a restricted basis. If such
942	person fails to complete the approved course within 90 days
943	after reinstatement or subsequently fails to complete treatment,
944	if applicable, the department shall cancel his or her driver's
945	license until the course and treatment, if applicable, is
946	successfully completed, notwithstanding the terms of the court
947	order or any suspension or revocation of the driving privilege.
948	The department may temporarily reinstate the driving privilege
949	on a restricted basis upon verification from the DUI program
950	that the offender has reentered and is currently participating
951	in treatment and has completed the DUI education course and
952	evaluation requirement. If the DUI program notifies the
953	department of the second failure to complete treatment, the
954	department shall reinstate the driving privilege only after
955	notice of completion of treatment from the DUI program. The
956	privilege of driving on a limited or restricted basis for
957	business or employment use shall not be granted to a person who
958	has been convicted of a violation of s. 316.193 until completion
959	of the DUI program substance abuse education course and
960	evaluations as provided in s. 316.193(5). Except as provided in
961	paragraph (b), the privilege of driving on a limited or
962	restricted basis for business or employment use shall not be
963	granted to a person whose license is revoked pursuant to s.
964	322.28 or suspended pursuant to s. 322.2615 and who has been
965	convicted of a violation of s. 316.193 two or more times or
966	whose license has been suspended two or more times for refusal
967	to submit to a test pursuant to s. 322.2615 or former s.
968	322.261.
969	(c) For the purpose of this section, a previous conviction
970	of driving under the influence, driving while intoxicated,
971	driving with an unlawful blood-alcohol level, or any other
972	similar alcohol-related or drug-related offense outside this
973	state or a previous conviction of former s. 316.1931, former s.
974	316.028, or former s. 860.01 shall be considered a previous
975	conviction for violation of s. 316.193.
976	(4) Notwithstanding the provisions of s. 322.28(2)(e), a
977	person whose driving privilege has been permanently revoked
978	because he or she has been convicted of DUI manslaughter in
979	violation of s. 316.193 and has no prior convictions for DUI-
980	related offenses may, upon the expiration of 5 years after the
981	date of such revocation or the expiration of 5 years after the
982	termination of any term of incarceration under s. 316.193 or
983	former s. 316.1931, whichever date is later, petition the
984	department for reinstatement of his or her driving privilege.
985	(a) Within 30 days after the receipt of such a petition,
986	the department shall afford the petitioner an opportunity for a
987	hearing. At the hearing, the petitioner must demonstrate to the
988	department that he or she:
989	1. Has not been arrested for a drug-related offense during
990	the 5 years preceding the filing of the petition;
991	2. Has not driven a motor vehicle without a license for at
992	least 5 years prior to the hearing;
993	3. Has been drug-free for at least 5 years prior to the
994	hearing; and
995	4. Has completed a DUI program licensed by the department.
996	(b) At such hearing, the department shall determine the
997	petitioner's qualification, fitness, and need to drive. Upon
998	such determination, the department may, in its discretion,
999	reinstate the driver's license of the petitioner. Such
1000	reinstatement must be made subject to the following
1001	qualifications:
1002	1. The license must be restricted for employment purposes
1003	for not less than 1 year; and
1004	2. Such person must be supervised by a DUI program
1005	licensed by the department and report to the program for such
1006	supervision and education at least four times a year or
1007	additionally as required by the program for the remainder of the
1008	revocation period. Such supervision shall include evaluation,
1009	education, referral into treatment, and other activities
1010	required by the department.
1011	(c) Such person must assume the reasonable costs of
1012	supervision. If such person fails to comply with the required
1013	supervision, the program shall report the failure to the
1014	department, and the department shall cancel such person's
1015	driving privilege.
1016	(d) If, after reinstatement, such person is convicted of
1017	an offense for which mandatory revocation of his or her license
1018	is required, the department shall revoke his or her driving
1019	privilege.
1020	(e) The department shall adopt rules regulating the
1021	providing of services by DUI programs pursuant to this section.
1022	Section 22. For the purpose of incorporating the amendment
1023	to section 316.193, Florida Statutes, in references thereto,
1024	subsection (2) of section 322.28, Florida Statutes, is reenacted
1025	to read:
1026	322.28 Period of suspension or revocation.--
1027	(2) In a prosecution for a violation of s. 316.193 or
1028	former s. 316.1931, the following provisions apply:
1029	(a) Upon conviction of the driver, the court, along with
1030	imposing sentence, shall revoke the driver's license or driving
1031	privilege of the person so convicted, effective on the date of
1032	conviction, and shall prescribe the period of such revocation in
1033	accordance with the following provisions:
1034	1. Upon a first conviction for a violation of the
1035	provisions of s. 316.193, except a violation resulting in death,
1036	the driver's license or driving privilege shall be revoked for
1037	not less than 180 days or more than 1 year.
1038	2. Upon a second conviction for an offense that occurs
1039	within a period of 5 years after the date of a prior conviction
1040	for a violation of the provisions of s. 316.193 or former s.
1041	316.1931 or a combination of such sections, the driver's license
1042	or driving privilege shall be revoked for not less than 5 years.
1043	3. Upon a third conviction for an offense that occurs
1044	within a period of 10 years after the date of a prior conviction
1045	for the violation of the provisions of s. 316.193 or former s.
1046	316.1931 or a combination of such sections, the driver's license
1047	or driving privilege shall be revoked for not less than 10
1048	years.
1049
1050	For the purposes of this paragraph, a previous conviction
1051	outside this state for driving under the influence, driving
1052	while intoxicated, driving with an unlawful blood-alcohol level,
1053	or any other alcohol-related or drug-related traffic offense
1054	similar to the offense of driving under the influence as
1055	proscribed by s. 316.193 will be considered a previous
1056	conviction for violation of s. 316.193, and a conviction for
1057	violation of former s. 316.028, former s. 316.1931, or former s.
1058	860.01 is considered a conviction for violation of s. 316.193.
1059	(b) If the period of revocation was not specified by the
1060	court at the time of imposing sentence or within 30 days
1061	thereafter, and is not otherwise specified by law, the
1062	department shall forthwith revoke the driver's license or
1063	driving privilege for the maximum period applicable under
1064	paragraph (a) for a first conviction and for the minimum period
1065	applicable under paragraph (a) for any subsequent convictions.
1066	The driver may, within 30 days after such revocation by the
1067	department, petition the court for further hearing on the period
1068	of revocation, and the court may reopen the case and determine
1069	the period of revocation within the limits specified in
1070	paragraph (a).
1071	(c) The forfeiture of bail bond, not vacated within 20
1072	days, in any prosecution for the offense of driving while under
1073	the influence of alcoholic beverages, chemical substances, or
1074	controlled substances to the extent of depriving the defendant
1075	of his or her normal faculties shall be deemed equivalent to a
1076	conviction for the purposes of this paragraph, and the
1077	department shall forthwith revoke the defendant's driver's
1078	license or driving privilege for the maximum period applicable
1079	under paragraph (a) for a first conviction and for the minimum
1080	period applicable under paragraph (a) for a second or subsequent
1081	conviction; however, if the defendant is later convicted of the
1082	charge, the period of revocation imposed by the department for
1083	such conviction shall not exceed the difference between the
1084	applicable maximum for a first conviction or minimum for a
1085	second or subsequent conviction and the revocation period under
1086	this subsection that has actually elapsed; upon conviction of
1087	such charge, the court may impose revocation for a period of
1088	time as specified in paragraph (a). This paragraph does not
1089	apply if an appropriate motion contesting the forfeiture is
1090	filed within the 20-day period.
1091	(d) When any driver's license or driving privilege has
1092	been revoked pursuant to the provisions of this section, the
1093	department shall not grant a new license, except upon
1094	reexamination of the licensee after the expiration of the period
1095	of revocation so prescribed. However, the court may, in its
1096	sound discretion, issue an order of reinstatement on a form
1097	furnished by the department which the person may take to any
1098	driver's license examining office for reinstatement by the
1099	department pursuant to s. 322.282.
1100	(e) The court shall permanently revoke the driver's
1101	license or driving privilege of a person who has been convicted
1102	four times for violation of s. 316.193 or former s. 316.1931 or
1103	a combination of such sections. The court shall permanently
1104	revoke the driver's license or driving privilege of any person
1105	who has been convicted of DUI manslaughter in violation of s.
1106	316.193. If the court has not permanently revoked such driver's
1107	license or driving privilege within 30 days after imposing
1108	sentence, the department shall permanently revoke the driver's
1109	license or driving privilege pursuant to this paragraph. No
1110	driver's license or driving privilege may be issued or granted
1111	to any such person. This paragraph applies only if at least one
1112	of the convictions for violation of s. 316.193 or former s.
1113	316.1931 was for a violation that occurred after July 1, 1982.
1114	For the purposes of this paragraph, a conviction for violation
1115	of former s. 316.028, former s. 316.1931, or former s. 860.01 is
1116	also considered a conviction for violation of s. 316.193. Also,
1117	a conviction of driving under the influence, driving while
1118	intoxicated, driving with an unlawful blood-alcohol level, or
1119	any other similar alcohol-related or drug-related traffic
1120	offense outside this state is considered a conviction for the
1121	purposes of this paragraph.
1122	Section 23. For the purpose of incorporating the amendment
1123	to section 316.193, Florida Statutes, in references thereto,
1124	paragraph (a) of subsection (2) of section 322.282, Florida
1125	Statutes, is reenacted to read:
1126	322.282 Procedure when court revokes or suspends license
1127	or driving privilege and orders reinstatement.--When a court
1128	suspends or revokes a person's license or driving privilege and,
1129	in its discretion, orders reinstatement as provided by s.
1130	322.28(2)(d) or former s. 322.261(5):
1131	(2)(a) The court shall issue an order of reinstatement, on
1132	a form to be furnished by the department, which the person may
1133	take to any driver's license examining office. The department
1134	shall issue a temporary driver's permit to a licensee who
1135	presents the court's order of reinstatement, proof of completion
1136	of a department-approved driver training or substance abuse
1137	education course, and a written request for a hearing under s.
1138	322.271. The permit shall not be issued if a record check by the
1139	department shows that the person has previously been convicted
1140	for a violation of s. 316.193, former s. 316.1931, former s.
1141	316.028, former s. 860.01, or a previous conviction outside this
1142	state for driving under the influence, driving while
1143	intoxicated, driving with an unlawful blood-alcohol level, or
1144	any similar alcohol-related or drug-related traffic offense;
1145	that the person's driving privilege has been previously
1146	suspended for refusal to submit to a lawful test of breath,
1147	blood, or urine; or that the person is otherwise not entitled to
1148	issuance of a driver's license. This paragraph shall not be
1149	construed to prevent the reinstatement of a license or driving
1150	privilege that is presently suspended for driving with an
1151	unlawful blood-alcohol level or a refusal to submit to a breath,
1152	urine, or blood test and is also revoked for a conviction for a
1153	violation of s. 316.193 or former s. 316.1931, if the suspension
1154	and revocation arise out of the same incident.
1155	Section 24. For the purpose of incorporating the amendment
1156	to section 316.193, Florida Statutes, in references thereto,
1157	paragraph (a) of subsection (1) of section 322.291, Florida
1158	Statutes, is reenacted to read:
1159	322.291 Driver improvement schools or DUI programs;
1160	required in certain suspension and revocation cases.--Except as
1161	provided in s. 322.03(2), any person:
1162	(1) Whose driving privilege has been revoked:
1163	(a) Upon conviction for:
1164	1. Driving, or being in actual physical control of, any
1165	vehicle while under the influence of alcoholic beverages, any
1166	chemical substance set forth in s. 877.111, or any substance
1167	controlled under chapter 893, in violation of s. 316.193;
1168	2. Driving with an unlawful blood- or breath-alcohol
1169	level;
1170	3. Manslaughter resulting from the operation of a motor
1171	vehicle;
1172	4. Failure to stop and render aid as required under the
1173	laws of this state in the event of a motor vehicle crash
1174	resulting in the death or personal injury of another;
1175	5. Reckless driving; or
1176
1177	shall, before the driving privilege may be reinstated, present
1178	to the department proof of enrollment in a department-approved
1179	advanced driver improvement course operating pursuant to s.
1180	318.1451 or a substance abuse education course conducted by a
1181	DUI program licensed pursuant to s. 322.292, which shall include
1182	a psychosocial evaluation and treatment, if referred. If the
1183	person fails to complete such course or evaluation within 90
1184	days after reinstatement, or subsequently fails to complete
1185	treatment, if referred, the DUI program shall notify the
1186	department of the failure. Upon receipt of the notice, the
1187	department shall cancel the offender's driving privilege,
1188	notwithstanding the expiration of the suspension or revocation
1189	of the driving privilege. The department may temporarily
1190	reinstate the driving privilege upon verification from the DUI
1191	program that the offender has completed the education course and
1192	evaluation requirement and has reentered and is currently
1193	participating in treatment. If the DUI program notifies the
1194	department of the second failure to complete treatment, the
1195	department shall reinstate the driving privilege only after
1196	notice of completion of treatment from the DUI program.
1197	Section 25. For the purpose of incorporating the amendment
1198	to section 316.193, Florida Statutes, in references thereto,
1199	paragraph (a) of subsection (9) of section 322.34, Florida
1200	Statutes, is reenacted to read:
1201	322.34 Driving while license suspended, revoked, canceled,
1202	or disqualified.--
1203	(9)(a) A motor vehicle that is driven by a person under
1204	the influence of alcohol or drugs in violation of s. 316.193 is
1205	subject to seizure and forfeiture under ss. 932.701-932.707 and
1206	is subject to liens for recovering, towing, or storing vehicles
1207	under s. 713.78 if, at the time of the offense, the person's
1208	driver's license is suspended, revoked, or canceled as a result
1209	of a prior conviction for driving under the influence.
1210	Section 26. For the purpose of incorporating the amendment
1211	to section 316.193, Florida Statutes, in references thereto,
1212	section 322.44, Florida Statutes, is reenacted to read:
1213	322.44 Driver License Compact.--The Driver License Compact
1214	is hereby enacted into law and entered into with all other
1215	jurisdictions legally joining therein in the form substantially
1216	as follows:
1217
1218	ARTICLE I
1219
1220	FINDINGS AND DECLARATION OF POLICY.--
1221	(1) The party states find that:
1222	(a) The safety of their streets and highways is materially
1223	affected by the degree of compliance with state laws and local
1224	ordinances relating to the operation of motor vehicles;
1225	(b) Violation of such a law or ordinance is evidence that
1226	the violator engages in conduct which is likely to endanger the
1227	safety of persons and property;
1228	(c) The continuance in force of a license to drive is
1229	predicated upon compliance with laws and ordinances relating to
1230	the operation of motor vehicles, in whichever jurisdiction the
1231	vehicle is operated.
1232	(2) It is the policy of each of the party states to:
1233	(a) Promote compliance with the laws, ordinances, and
1234	administrative rules and regulations relating to the operation
1235	of motor vehicles by their operators in each of the
1236	jurisdictions where such operators drive motor vehicles;
1237	(b) Make the reciprocal recognition of licenses to drive
1238	and eligibility therefor more just and equitable by considering
1239	the overall compliance with motor vehicle laws, ordinances, and
1240	administrative rules and regulations as a condition precedent to
1241	the continuance or issuance of any license by reason of which
1242	the licensee is authorized or permitted to operate a motor
1243	vehicle in any of the party states.
1244
1245	ARTICLE II
1246
1247	DEFINITIONS.--As used in this compact:
1248	(1) "State" means a state, territory or possession of the
1249	United States, the District of Columbia, or the Commonwealth of
1250	Puerto Rico.
1251	(2) "Home state" means the state which has issued and has
1252	the power to suspend or revoke the use of the license or permit
1253	to operate a motor vehicle.
1254	(3) "Conviction" means a conviction of any offense related
1255	to the use or operation of a motor vehicle which is prohibited
1256	by state law, municipal ordinance, or administrative rule or
1257	regulation, or a forfeiture of bail, bond, or other security
1258	deposited to secure appearance by a person charged with having
1259	committed any such offense, and which conviction or forfeiture
1260	is required to be reported to the licensing authority.
1261
1262	ARTICLE III
1263
1264	REPORTS OF CONVICTION.--The licensing authority of a party
1265	state shall report each conviction of a person from another
1266	party state occurring within its jurisdiction to the licensing
1267	authority of the home state of the licensee. Such report shall
1268	clearly identify the person convicted; describe the violation
1269	specifying the section of the statute, code, or ordinance
1270	violated; identify the court in which action was taken; indicate
1271	whether a plea of guilty or not guilty was entered or the
1272	conviction was a result of the forfeiture of bail, bond, or
1273	other security; and shall include any special findings made in
1274	connection therewith.
1275
1276	ARTICLE IV
1277
1278	EFFECT OF CONVICTION.--
1279	(1) The licensing authority in the home state, for the
1280	purposes of suspension, revocation, or limitation of the license
1281	to operate a motor vehicle, shall give the same effect to the
1282	conduct reported, pursuant to article III, as it would if such
1283	conduct had occurred in the home state, in the case of
1284	convictions for:
1285	(a) Manslaughter or negligent homicide resulting from the
1286	operation of a motor vehicle, as provided by ss. 316.193 and
1287	322.26;
1288	(b) Driving a motor vehicle while under the influence of
1289	alcoholic beverages or a narcotic drug, or under the influence
1290	of any other drug to a degree which renders the driver incapable
1291	of safely driving a motor vehicle, as provided by s. 316.193;
1292	(c) Any felony in the commission of which a motor vehicle
1293	is used, as provided by s. 322.26; or
1294	(d) Failure to stop and render aid in the event of a motor
1295	vehicle crash resulting in the death or personal injury of
1296	another, as provided by s. 322.26.
1297	(2) As to other convictions, reported pursuant to article
1298	III, the licensing authority in the home state shall give such
1299	effect to the conduct as is provided by the laws of the home
1300	state.
1301
1302	ARTICLE V
1303
1304	APPLICATIONS FOR NEW LICENSES.--Upon application for a
1305	license to drive, the licensing authority in a party state shall
1306	ascertain whether the applicant has ever held, or is the holder
1307	of, a license to drive issued by any other party state. The
1308	licensing authority in the state where application is made shall
1309	not issue a license to drive to the applicant if:
1310	(1) The applicant has held such a license, but the same
1311	has been suspended by reason, in whole or in part, of a
1312	violation and if such suspension period has not terminated.
1313	(2) The applicant has held such a license, but the same
1314	has been revoked by reason, in whole or in part, of a violation
1315	and if such revocation has not terminated, except that after the
1316	expiration of 1 year from the date the license was revoked, such
1317	person may make application for a new license if permitted by
1318	law. The licensing authority may refuse to issue a license to
1319	any such applicant if, after investigation, the licensing
1320	authority determines that it will not be safe to grant to such
1321	person the privilege of driving a motor vehicle on the public
1322	highways.
1323	(3) The applicant is the holder of a license to drive
1324	issued by another party state and currently in force unless the
1325	applicant surrenders such license.
1326
1327	ARTICLE VI
1328
1329	APPLICABILITY OF OTHER LAWS.--Except as expressly required
1330	by provisions of this compact, nothing contained herein shall be
1331	construed to affect the right of any party state to apply any of
1332	its other laws relating to licenses to drive to any person or
1333	circumstance, nor to invalidate or prevent any driver license
1334	agreement or other cooperative arrangement between a party state
1335	and a nonparty state.
1336
1337	ARTICLE VII
1338
1339	COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION.--
1340	(1) The head of the licensing authority of each party
1341	state shall be the administrator of this compact for his or her
1342	state. The administrators, acting jointly, shall have the power
1343	to formulate all necessary and proper procedures for the
1344	exchange of information under this compact.
1345	(2) The administrator of each party state shall furnish to
1346	the administrator of each other party state any information or
1347	documents reasonably necessary to facilitate the administration
1348	of this compact.
1349
1350	ARTICLE VIII
1351
1352	ENTRY INTO FORCE AND WITHDRAWAL.--
1353	(1) This compact shall enter into force and become
1354	effective as to any state when it has enacted the same into law.
1355	(2) Any party state may withdraw from this compact by
1356	enacting a statute repealing the same, but no such withdrawal
1357	shall take effect until 6 months after the executive head of the
1358	withdrawing state has given notice of the withdrawal to the
1359	executive heads of all other party states. No withdrawal shall
1360	affect the validity or applicability by the licensing
1361	authorities of states remaining party to the compact of any
1362	report of conviction occurring prior to the withdrawal.
1363
1364	ARTICLE IX
1365
1366	CONSTRUCTION AND SEVERABILITY.--This compact shall be
1367	liberally construed so as to effectuate the purposes thereof.
1368	The provisions of this compact shall be severable; and if any
1369	phrase, clause, sentence, or provision of this compact is
1370	declared to be contrary to the constitution of any party state
1371	or of the United States or the applicability thereof to any
1372	government, agency, person, or circumstance is held invalid, the
1373	validity of the remainder of this compact and the applicability
1374	thereof to any government, agency, person, or circumstance shall
1375	not be affected thereby. If this compact shall be held contrary
1376	to the constitution of any state party thereto, the compact
1377	shall remain in full force and effect as to the remaining states
1378	and in full force and effect as to the state affected as to all
1379	severable matters.
1380	Section 27. For the purpose of incorporating the amendment
1381	to section 316.193, Florida Statutes, in references thereto,
1382	subsection (3) of section 322.62, Florida Statutes, is reenacted
1383	to read:
1384	322.62 Driving under the influence; commercial motor
1385	vehicle operators.--
1386	(3) This section does not supersede s. 316.193. Nothing in
1387	this section prohibits the prosecution of a person who drives a
1388	commercial motor vehicle for driving under the influence of
1389	alcohol or controlled substances whether or not such person is
1390	also prosecuted for a violation of this section.
1391	Section 28. For the purpose of incorporating the amendment
1392	to section 316.193, Florida Statutes, in references thereto,
1393	paragraph (d) of subsection (2) and subsection (6) of section
1394	322.63, Florida Statutes, are reenacted to read:
1395	322.63 Alcohol or drug testing; commercial motor vehicle
1396	operators.--
1397	(2) The chemical and physical tests authorized by this
1398	section shall only be required if a law enforcement officer has
1399	reasonable cause to believe that a person driving a commercial
1400	motor vehicle has any alcohol, chemical substance, or controlled
1401	substance in his or her body.
1402	(d) The administration of one test under paragraph (a),
1403	paragraph (b), or paragraph (c) shall not preclude the
1404	administration of a different test under paragraph (a),
1405	paragraph (b), or paragraph (c). However, a urine test may not
1406	be used to determine alcohol concentration and a breath test may
1407	not be used to determine the presence of controlled substances
1408	or chemical substances in a person's body. Notwithstanding the
1409	provisions of this paragraph, in the event a Florida licensee
1410	has been convicted in another state for an offense substantially
1411	similar to s. 316.193 or to s. 322.62, which conviction was
1412	based upon evidence of test results prohibited by this
1413	paragraph, that out-of-state conviction shall constitute a
1414	conviction for the purposes of this chapter.
1415	(6) Notwithstanding any provision of law pertaining to the
1416	confidentiality of hospital records or other medical records,
1417	information relating to the alcohol content of a person's blood
1418	or the presence of chemical substances or controlled substances
1419	in a person's blood obtained pursuant to this section shall be
1420	released to a court, prosecuting attorney, defense attorney, or
1421	law enforcement officer in connection with an alleged violation
1422	of s. 316.193 or s. 322.62 upon request for such information.
1423	Section 29. For the purpose of incorporating the amendment
1424	to section 316.193, Florida Statutes, in references thereto,
1425	subsections (1) and (2), paragraph (a) of subsection (7),
1426	paragraph (b) of subsection (8), and subsections (14) and (15)
1427	of section 322.64, Florida Statutes, are reenacted to read:
1428	322.64 Holder of commercial driver's license; driving with
1429	unlawful blood-alcohol level; refusal to submit to breath,
1430	urine, or blood test.--
1431	(1)(a) A law enforcement officer or correctional officer
1432	shall, on behalf of the department, disqualify from operating
1433	any commercial motor vehicle a person who while operating or in
1434	actual physical control of a commercial motor vehicle is
1435	arrested for a violation of s. 316.193, relating to unlawful
1436	blood-alcohol level or breath-alcohol level, or a person who has
1437	refused to submit to a breath, urine, or blood test authorized
1438	by s. 322.63 arising out of the operation or actual physical
1439	control of a commercial motor vehicle. Upon disqualification of
1440	the person, the officer shall take the person's driver's license
1441	and issue the person a 10-day temporary permit if the person is
1442	otherwise eligible for the driving privilege and shall issue the
1443	person a notice of disqualification. If the person has been
1444	given a blood, breath, or urine test, the results of which are
1445	not available to the officer at the time of the arrest, the
1446	agency employing the officer shall transmit such results to the
1447	department within 5 days after receipt of the results. If the
1448	department then determines that the person was arrested for a
1449	violation of s. 316.193 and that the person had a blood-alcohol
1450	level or breath-alcohol level of 0.08 or higher, the department
1451	shall disqualify the person from operating a commercial motor
1452	vehicle pursuant to subsection (3).
1453	(b) The disqualification under paragraph (a) shall be
1454	pursuant to, and the notice of disqualification shall inform the
1455	driver of, the following:
1456	1.a. The driver refused to submit to a lawful breath,
1457	blood, or urine test and he or she is disqualified from
1458	operating a commercial motor vehicle for a period of 1 year, for
1459	a first refusal, or permanently, if he or she has previously
1460	been disqualified as a result of a refusal to submit to such a
1461	test; or
1462	b. The driver violated s. 316.193 by driving with an
1463	unlawful blood-alcohol level and he or she is disqualified from
1464	operating a commercial motor vehicle for a period of 6 months
1465	for a first offense or for a period of 1 year if he or she has
1466	previously been disqualified, or his or her driving privilege
1467	has been previously suspended, for a violation of s. 316.193.
1468	2. The disqualification period shall commence on the date
1469	of arrest or issuance of notice of disqualification, whichever
1470	is later.
1471	3. The driver may request a formal or informal review of
1472	the disqualification by the department within 10 days after the
1473	date of arrest or issuance of notice of disqualification,
1474	whichever is later.
1475	4. The temporary permit issued at the time of arrest or
1476	disqualification will expire at midnight of the 10th day
1477	following the date of disqualification.
1478	5. The driver may submit to the department any materials
1479	relevant to the arrest.
1480	(2) Except as provided in paragraph (1)(a), the law
1481	enforcement officer shall forward to the department, within 5
1482	days after the date of the arrest or the issuance of the notice
1483	of disqualification, whichever is later, a copy of the notice of
1484	disqualification, the driver's license of the person arrested,
1485	and a report of the arrest, including, if applicable, an
1486	affidavit stating the officer's grounds for belief that the
1487	person arrested was in violation of s. 316.193; the results of
1488	any breath or blood test or an affidavit stating that a breath,
1489	blood, or urine test was requested by a law enforcement officer
1490	or correctional officer and that the person arrested refused to
1491	submit; a copy of the citation issued to the person arrested;
1492	and the officer's description of the person's field sobriety
1493	test, if any. The failure of the officer to submit materials
1494	within the 5-day period specified in this subsection or
1495	subsection (1) shall not affect the department's ability to
1496	consider any evidence submitted at or prior to the hearing. The
1497	officer may also submit a copy of a videotape of the field
1498	sobriety test or the attempt to administer such test.
1499	(7) In a formal review hearing under subsection (6) or an
1500	informal review hearing under subsection (4), the hearing
1501	officer shall determine by a preponderance of the evidence
1502	whether sufficient cause exists to sustain, amend, or invalidate
1503	the disqualification. The scope of the review shall be limited
1504	to the following issues:
1505	(a) If the person was disqualified from operating a
1506	commercial motor vehicle for driving with an unlawful blood-
1507	alcohol level in violation of s. 316.193:
1508	1. Whether the arresting law enforcement officer had
1509	probable cause to believe that the person was driving or in
1510	actual physical control of a commercial motor vehicle in this
1511	state while he or she had any alcohol, chemical substances, or
1512	controlled substances in his or her body.
1513	2. Whether the person was placed under lawful arrest for a
1514	violation of s. 316.193.
1515	3. Whether the person had an unlawful blood-alcohol level
1516	as provided in s. 316.193.
1517	(8) Based on the determination of the hearing officer
1518	pursuant to subsection (7) for both informal hearings under
1519	subsection (4) and formal hearings under subsection (6), the
1520	department shall:
1521	(b) Sustain the disqualification for a period of 6 months
1522	for a violation of s. 316.193 or for a period of 1 year if the
1523	person has been previously disqualified from operating a
1524	commercial motor vehicle or his or her driving privilege has
1525	been previously suspended as a result of a violation of s.
1526	316.193. The disqualification period commences on the date of
1527	the arrest or issuance of the notice of disqualification,
1528	whichever is later.
1529	(14) The decision of the department under this section
1530	shall not be considered in any trial for a violation of s.
1531	316.193, s. 322.61, or s. 322.62, nor shall any written
1532	statement submitted by a person in his or her request for
1533	departmental review under this section be admissible into
1534	evidence against him or her in any such trial. The disposition
1535	of any related criminal proceedings shall not affect a
1536	disqualification imposed pursuant to this section.
1537	(15) This section does not preclude the suspension of the
1538	driving privilege pursuant to s. 322.2615. The driving privilege
1539	of a person who has been disqualified from operating a
1540	commercial motor vehicle also may be suspended for a violation
1541	of s. 316.193.
1542	Section 30. For the purpose of incorporating the amendment
1543	to section 316.193, Florida Statutes, in references thereto,
1544	paragraph (f) of subsection (4) of section 323.001, Florida
1545	Statutes, is reenacted to read:
1546	323.001 Wrecker operator storage facilities; vehicle
1547	holds.--
1548	(4) The requirements for a written hold apply when the
1549	following conditions are present:
1550	(f) The vehicle is impounded or immobilized pursuant to s.
1551	316.193 or s. 322.34; or
1552	Section 31. For the purpose of incorporating the amendment
1553	to section 316.193, Florida Statutes, in references thereto,
1554	subsection (6) of section 327.35, Florida Statutes, is reenacted
1555	to read:
1556	327.35 Boating under the influence; penalties; "designated
1557	drivers".--
1558	(6) With respect to any person convicted of a violation of
1559	subsection (1), regardless of any other penalty imposed:
1560	(a) For the first conviction, the court shall place the
1561	defendant on probation for a period not to exceed 1 year and, as
1562	a condition of such probation, shall order the defendant to
1563	participate in public service or a community work project for a
1564	minimum of 50 hours. The court must also, as a condition of
1565	probation, order the impoundment or immobilization of the vessel
1566	that was operated by or in the actual control of the defendant
1567	or any one vehicle registered in the defendant's name at the
1568	time of impoundment or immobilization, for a period of 10 days
1569	or for the unexpired term of any lease or rental agreement that
1570	expires within 10 days. The impoundment or immobilization must
1571	not occur concurrently with the incarceration of the defendant.
1572	The impoundment or immobilization order may be dismissed in
1573	accordance with paragraph (e) or paragraph (f). The total period
1574	of probation and incarceration may not exceed 1 year.
1575	(b) For the second conviction for an offense that occurs
1576	within a period of 5 years after the date of a prior conviction
1577	for violation of this section, the court shall order
1578	imprisonment for not less than 10 days. The court must also, as
1579	a condition of probation, order the impoundment or
1580	immobilization of the vessel that was operated by or in the
1581	actual control of the defendant or any one vehicle registered in
1582	the defendant's name at the time of impoundment or
1583	immobilization, for a period of 30 days or for the unexpired
1584	term of any lease or rental agreement that expires within 30
1585	days. The impoundment or immobilization must not occur
1586	concurrently with the incarceration of the defendant. The
1587	impoundment or immobilization order may be dismissed in
1588	accordance with paragraph (e) or paragraph (f). At least 48
1589	hours of confinement must be consecutive.
1590	(c) For the third or subsequent conviction for an offense
1591	that occurs within a period of 10 years after the date of a
1592	prior conviction for violation of this section, the court shall
1593	order imprisonment for not less than 30 days. The court must
1594	also, as a condition of probation, order the impoundment or
1595	immobilization of the vessel that was operated by or in the
1596	actual control of the defendant or any one vehicle registered in
1597	the defendant's name at the time of impoundment or
1598	immobilization, for a period of 90 days or for the unexpired
1599	term of any lease or rental agreement that expires within 90
1600	days. The impoundment or immobilization must not occur
1601	concurrently with the incarceration of the defendant. The
1602	impoundment or immobilization order may be dismissed in
1603	accordance with paragraph (e) or paragraph (f). At least 48
1604	hours of confinement must be consecutive.
1605	(d) The court must at the time of sentencing the defendant
1606	issue an order for the impoundment or immobilization of a
1607	vessel. Within 7 business days after the date that the court
1608	issues the order of impoundment, and once again 30 business days
1609	before the actual impoundment or immobilization of the vessel,
1610	the clerk of the court must send notice by certified mail,
1611	return receipt requested, to the registered owner of each
1612	vessel, if the registered owner is a person other than the
1613	defendant, and to each person of record claiming a lien against
1614	the vessel.
1615	(e) A person who owns but was not operating the vessel
1616	when the offense occurred may submit to the court a police
1617	report indicating that the vessel was stolen at the time of the
1618	offense or documentation of having purchased the vessel after
1619	the offense was committed from an entity other than the
1620	defendant or the defendant's agent. If the court finds that the
1621	vessel was stolen or that the sale was not made to circumvent
1622	the order and allow the defendant continued access to the
1623	vessel, the order must be dismissed and the owner of the vessel
1624	will incur no costs. If the court denies the request to dismiss
1625	the order of impoundment or immobilization, the petitioner may
1626	request an evidentiary hearing.
1627	(f) A person who owns but was not operating the vessel
1628	when the offense occurred, and whose vessel was stolen or who
1629	purchased the vessel after the offense was committed directly
1630	from the defendant or the defendant's agent, may request an
1631	evidentiary hearing to determine whether the impoundment or
1632	immobilization should occur. If the court finds that either the
1633	vessel was stolen or the purchase was made without knowledge of
1634	the offense, that the purchaser had no relationship to the
1635	defendant other than through the transaction, and that such
1636	purchase would not circumvent the order and allow the defendant
1637	continued access to the vessel, the order must be dismissed and
1638	the owner of the vessel will incur no costs.
1639	(g) All costs and fees for the impoundment or
1640	immobilization, including the cost of notification, must be paid
1641	by the owner of the vessel or, if the vessel is leased or
1642	rented, by the person leasing or renting the vessel, unless the
1643	impoundment or immobilization order is dismissed.
1644	(h) The person who owns a vessel that is impounded or
1645	immobilized under this paragraph, or a person who has a lien of
1646	record against such a vessel and who has not requested a review
1647	of the impoundment pursuant to paragraph (e) or paragraph (f),
1648	may, within 10 days after the date that person has knowledge of
1649	the location of the vessel, file a complaint in the county in
1650	which the owner resides to determine whether the vessel was
1651	wrongfully taken or withheld from the owner or lienholder. Upon
1652	the filing of a complaint, the owner or lienholder may have the
1653	vessel released by posting with the court a bond or other
1654	adequate security equal to the amount of the costs and fees for
1655	impoundment or immobilization, including towing or storage, to
1656	ensure the payment of the costs and fees if the owner or
1657	lienholder does not prevail. When the bond is posted and the fee
1658	is paid as set forth in s. 28.24, the clerk of the court shall
1659	issue a certificate releasing the vessel. At the time of
1660	release, after reasonable inspection, the owner or lienholder
1661	must give a receipt to the towing or storage company indicating
1662	any loss or damage to the vessel or to the contents of the
1663	vessel.
1664	(i) A defendant, in the court's discretion, may be
1665	required to serve all or any portion of a term of imprisonment
1666	to which the defendant has been sentenced pursuant to this
1667	section in a residential alcoholism treatment program or a
1668	residential drug abuse treatment program. Any time spent in such
1669	a program must be credited by the court toward the term of
1670	imprisonment.
1671
1672	For the purposes of this section, any conviction for a violation
1673	of s. 316.193, a previous conviction for the violation of former
1674	s. 316.1931, former s. 860.01, or former s. 316.028, or a
1675	previous conviction outside this state for driving under the
1676	influence, driving while intoxicated, driving with an unlawful
1677	blood-alcohol level, driving with an unlawful breath-alcohol
1678	level, or any other similar alcohol-related or drug-related
1679	traffic offense, is also considered a previous conviction for
1680	violation of this section.
1681	Section 32. For the purpose of incorporating the amendment
1682	to section 316.193, Florida Statutes, in references thereto,
1683	subsection (10) of section 397.405, Florida Statutes, is
1684	reenacted to read:
1685	397.405 Exemptions from licensure.--The following are
1686	exempt from the licensing provisions of this chapter:
1687	(10) DUI education and screening services provided
1688	pursuant to ss. 316.192, 316.193, 322.095, 322.271, and 322.291.
1689	Persons or entities providing treatment services must be
1690	licensed under this chapter unless exempted from licensing as
1691	provided in this section.
1692
1693	The exemptions from licensure in this section do not apply to
1694	any service provider that receives an appropriation, grant, or
1695	contract from the state to operate as a service provider as
1696	defined in this chapter or to any substance abuse program
1697	regulated pursuant to s. 397.406. Furthermore, this chapter may
1698	not be construed to limit the practice of a physician licensed
1699	under chapter 458 or chapter 459, a psychologist licensed under
1700	chapter 490, or a psychotherapist licensed under chapter 491 who
1701	provides substance abuse treatment, so long as the physician,
1702	psychologist, or psychotherapist does not represent to the
1703	public that he or she is a licensed service provider and does
1704	not provide services to clients pursuant to part V of this
1705	chapter. Failure to comply with any requirement necessary to
1706	maintain an exempt status under this section is a misdemeanor of
1707	the first degree, punishable as provided in s. 775.082 or s.
1708	775.083.
1709	Section 33. For the purpose of incorporating the amendment
1710	to section 316.193, Florida Statutes, in references thereto,
1711	paragraph (c) of subsection (17) of section 440.02, Florida
1712	Statutes, is reenacted to read:
1713	440.02 Definitions.--When used in this chapter, unless the
1714	context clearly requires otherwise, the following terms shall
1715	have the following meanings:
1716	(17)
1717	(c) "Employment" does not include service performed by or
1718	as:
1719	1. Domestic servants in private homes.
1720	2. Agricultural labor performed on a farm in the employ of
1721	a bona fide farmer, or association of farmers, that employs 5 or
1722	fewer regular employees and that employs fewer than 12 other
1723	employees at one time for seasonal agricultural labor that is
1724	completed in less than 30 days, provided such seasonal
1725	employment does not exceed 45 days in the same calendar year.
1726	The term "farm" includes stock, dairy, poultry, fruit, fur-
1727	bearing animals, fish, and truck farms, ranches, nurseries, and
1728	orchards. The term "agricultural labor" includes field foremen,
1729	timekeepers, checkers, and other farm labor supervisory
1730	personnel.
1731	3. Professional athletes, such as professional boxers,
1732	wrestlers, baseball, football, basketball, hockey, polo, tennis,
1733	jai alai, and similar players, and motorsports teams competing
1734	in a motor racing event as defined in s. 549.08.
1735	4. Labor under a sentence of a court to perform community
1736	services as provided in s. 316.193.
1737	5. State prisoners or county inmates, except those
1738	performing services for private employers or those enumerated in
1739	s. 948.03(8)(a).
1740	Section 34. For the purpose of incorporating the amendment
1741	to section 316.193, Florida Statutes, in references thereto,
1742	paragraph (b) of subsection (7) of section 440.09, Florida
1743	Statutes, is reenacted to read:
1744	440.09 Coverage.--
1745	(7)
1746	(b) If the employee has, at the time of the injury, a
1747	blood alcohol level equal to or greater than the level specified
1748	in s. 316.193, or if the employee has a positive confirmation of
1749	a drug as defined in this act, it is presumed that the injury
1750	was occasioned primarily by the intoxication of, or by the
1751	influence of the drug upon, the employee. If the employer has
1752	implemented a drug-free workplace, this presumption may be
1753	rebutted only by evidence that there is no reasonable hypothesis
1754	that the intoxication or drug influence contributed to the
1755	injury. In the absence of a drug-free workplace program, this
1756	presumption may be rebutted by clear and convincing evidence
1757	that the intoxication or influence of the drug did not
1758	contribute to the injury. Percent by weight of alcohol in the
1759	blood must be based upon grams of alcohol per 100 milliliters of
1760	blood. If the results are positive, the testing facility must
1761	maintain the specimen for a minimum of 90 days. Blood serum may
1762	be used for testing purposes under this chapter; however, if
1763	this test is used, the presumptions under this section do not
1764	arise unless the blood alcohol level is proved to be medically
1765	and scientifically equivalent to or greater than the comparable
1766	blood alcohol level that would have been obtained if the test
1767	were based on percent by weight of alcohol in the blood.
1768	However, if, before the accident, the employer had actual
1769	knowledge of and expressly acquiesced in the employee's presence
1770	at the workplace while under the influence of such alcohol or
1771	drug, the presumptions specified in this subsection do not
1772	apply.
1773	Section 35. For the purpose of incorporating the amendment
1774	to section 316.193, Florida Statutes, in references thereto,
1775	paragraph (d) of subsection (1) of section 493.6106, Florida
1776	Statutes, is reenacted to read:
1777	493.6106 License requirements; posting.--
1778	(1) Each individual licensed by the department must:
1779	(d) Not be a chronic and habitual user of alcoholic
1780	beverages to the extent that her or his normal faculties are
1781	impaired; not have been committed under chapter 397, former
1782	chapter 396, or a similar law in any other state; not have been
1783	found to be a habitual offender under s. 856.011(3) or a similar
1784	law in any other state; and not have had two or more convictions
1785	under s. 316.193 or a similar law in any other state within the
1786	3-year period immediately preceding the date the application was
1787	filed, unless the individual establishes that she or he is not
1788	currently impaired and has successfully completed a
1789	rehabilitation course.
1790	Section 36. For the purpose of incorporating the amendment
1791	to section 316.193, Florida Statutes, in references thereto,
1792	subsection (4) of section 627.758, Florida Statutes, is
1793	reenacted to read:
1794	627.758 Surety on auto club traffic arrest bond;
1795	conditions, limit; bail bond.--
1796	(4) Notwithstanding the provisions of s. 626.311 or
1797	chapter 648, any surety insurer identified in a guaranteed
1798	traffic arrest bond certificate or any licensed general lines
1799	agent of the surety insurer may execute a bail bond for the
1800	automobile club or association member identified in the
1801	guaranteed traffic arrest bond certificate in an amount not in
1802	excess of $5,000 for any violation of chapter 316 or any similar
1803	traffic law or ordinance except for driving under the influence
1804	of alcoholic beverages, chemical substances, or controlled
1805	substances, as prohibited by s. 316.193.
1806	Section 37. For the purpose of incorporating the amendment
1807	to section 316.193, Florida Statutes, in references thereto,
1808	paragraph (f) of subsection (2) and paragraph (f) of subsection
1809	(10) of section 790.06, Florida Statutes, are reenacted to read:
1810	790.06 License to carry concealed weapon or firearm.--
1811	(2) The Department of Agriculture and Consumer Services
1812	shall issue a license if the applicant:
1813	(f) Does not chronically and habitually use alcoholic
1814	beverages or other substances to the extent that his or her
1815	normal faculties are impaired. It shall be presumed that an
1816	applicant chronically and habitually uses alcoholic beverages or
1817	other substances to the extent that his or her normal faculties
1818	are impaired if the applicant has been committed under chapter
1819	397 or under the provisions of former chapter 396 or has been
1820	convicted under s. 790.151 or has been deemed a habitual
1821	offender under s. 856.011(3), or has had two or more convictions
1822	under s. 316.193 or similar laws of any other state, within the
1823	3-year period immediately preceding the date on which the
1824	application is submitted;
1825	(10) A license issued under this section shall be
1826	suspended or revoked pursuant to chapter 120 if the licensee:
1827	(f) Is convicted of a second violation of s. 316.193, or a
1828	similar law of another state, within 3 years of a previous
1829	conviction of such section, or similar law of another state,
1830	even though the first violation may have occurred prior to the
1831	date on which the application was submitted;
1832	Section 38. For the purpose of incorporating the amendment
1833	to section 316.193, Florida Statutes, in references thereto,
1834	subsection (2) of section 903.36, Florida Statutes, is reenacted
1835	to read:
1836	903.36 Guaranteed arrest bond certificates as cash bail.--
1837	(2) The execution of a bail bond by a licensed general
1838	lines agent of a surety insurer for the automobile club or
1839	association member identified in the guaranteed traffic arrest
1840	bond certificate, as provided in s. 627.758(4), shall be
1841	accepted as bail in an amount not to exceed $5,000 for the
1842	appearance of the person named in the certificate in any court
1843	to answer for the violation of a provision of chapter 316 or a
1844	similar traffic law or ordinance, except driving under the
1845	influence of alcoholic beverages, chemical substances, or
1846	controlled substances, as prohibited by s. 316.193. Presentation
1847	of the guaranteed traffic arrest bond certificate and a power of
1848	attorney from the surety insurer for its licensed general lines
1849	agents is authorization for such agent to execute the bail bond.
1850	Section 39. For the purpose of incorporating the amendment
1851	to section 316.193, Florida Statutes, in references thereto,
1852	paragraph (c) of subsection (4) of section 907.041, Florida
1853	Statutes, is reenacted to read:
1854	907.041 Pretrial detention and release.--
1855	(4) PRETRIAL DETENTION.--
1856	(c) The court may order pretrial detention if it finds a
1857	substantial probability, based on a defendant's past and present
1858	patterns of behavior, the criteria in s. 903.046, and any other
1859	relevant facts, that any of the following circumstances exists:
1860	1. The defendant has previously violated conditions of
1861	release and that no further conditions of release are reasonably
1862	likely to assure the defendant's appearance at subsequent
1863	proceedings;
1864	2. The defendant, with the intent to obstruct the judicial
1865	process, has threatened, intimidated, or injured any victim,
1866	potential witness, juror, or judicial officer, or has attempted
1867	or conspired to do so, and that no condition of release will
1868	reasonably prevent the obstruction of the judicial process;
1869	3. The defendant is charged with trafficking in controlled
1870	substances as defined by s. 893.135, that there is a substantial
1871	probability that the defendant has committed the offense, and
1872	that no conditions of release will reasonably assure the
1873	defendant's appearance at subsequent criminal proceedings; or
1874	4. The defendant is charged with DUI manslaughter, as
1875	defined by s. 316.193, and that there is a substantial
1876	probability that the defendant committed the crime and that the
1877	defendant poses a threat of harm to the community; conditions
1878	that would support a finding by the court pursuant to this
1879	subparagraph that the defendant poses a threat of harm to the
1880	community include, but are not limited to, any of the following:
1881	a. The defendant has previously been convicted of any
1882	crime under s. 316.193, or of any crime in any other state or
1883	territory of the United States that is substantially similar to
1884	any crime under s. 316.193;
1885	b. The defendant was driving with a suspended driver's
1886	license when the charged crime was committed; or
1887	c. The defendant has previously been found guilty of, or
1888	has had adjudication of guilt withheld for, driving while the
1889	defendant's driver's license was suspended or revoked in
1890	violation of s. 322.34;
1891	5. The defendant poses the threat of harm to the
1892	community. The court may so conclude, if it finds that the
1893	defendant is presently charged with a dangerous crime, that
1894	there is a substantial probability that the defendant committed
1895	such crime, that the factual circumstances of the crime indicate
1896	a disregard for the safety of the community, and that there are
1897	no conditions of release reasonably sufficient to protect the
1898	community from the risk of physical harm to persons.
1899	6. The defendant was on probation, parole, or other
1900	release pending completion of sentence or on pretrial release
1901	for a dangerous crime at the time the current offense was
1902	committed; or
1903	7. The defendant has violated one or more conditions of
1904	pretrial release or bond for the offense currently before the
1905	court and the violation, in the discretion of the court,
1906	supports a finding that no conditions of release can reasonably
1907	protect the community from risk of physical harm to persons or
1908	assure the presence of the accused at trial.
1909	Section 40. For the purpose of incorporating the
1910	amendments to sections 316.193 and 327.35, Florida Statutes, in
1911	references thereto, section 938.07, Florida Statutes, is
1912	reenacted to read:
1913	938.07 Driving or boating under the influence.--
1914	Notwithstanding any other provision of s. 316.193 or s. 327.35,
1915	a court cost of $135 shall be added to any fine imposed pursuant
1916	to s. 316.193 or s. 327.35. The clerks shall remit the funds to
1917	the Department of Revenue, $25 of which shall be deposited in
1918	the Emergency Medical Services Trust Fund, $50 shall be
1919	deposited in the Criminal Justice Standards and Training Trust
1920	Fund of the Department of Law Enforcement to be used for
1921	operational expenses in conducting the statewide criminal
1922	analysis laboratory system established in s. 943.32, and $60
1923	shall be deposited in the Brain and Spinal Cord Injury
1924	Rehabilitation Trust Fund created in s. 381.79.
1925	Section 41. For the purpose of incorporating the amendment
1926	to section 316.193, Florida Statutes, in references thereto,
1927	section 938.21, Florida Statutes, is reenacted to read:
1928	938.21 Alcohol and drug abuse programs.--Notwithstanding
1929	any provision to the contrary of the laws of this state, the
1930	court may assess for alcohol and other drug abuse programs as
1931	provided in s. 893.165 any defendant who pleads guilty or nolo
1932	contendere to, or is convicted of, a violation of any provision
1933	of chapter 893 or which involves a criminal violation of s.
1934	316.193, s. 856.011, s. 856.015, or chapter 562, chapter 567, or
1935	chapter 568, in addition to any fine and other penalty provided
1936	by law, a court cost in an amount up to the amount of the fine
1937	authorized for the violation. The court is authorized to order a
1938	defendant to pay an additional assessment if it finds that the
1939	defendant has the ability to pay the fine and the additional
1940	assessment and will not be prevented thereby from being
1941	rehabilitated or from making restitution.
1942	Section 42. For the purpose of incorporating the amendment
1943	to section 316.193, Florida Statutes, in references thereto,
1944	subsection (1) of section 938.23, Florida Statutes, is reenacted
1945	to read:
1946	938.23 Assistance grants for alcohol and other drug abuse
1947	programs.--
1948	(1) In addition to any fine imposed by law for any
1949	criminal offense under chapter 893 or for any criminal violation
1950	of s. 316.193, s. 856.011, s. 856.015, or chapter 562, chapter
1951	567, or chapter 568, the court shall be authorized, pursuant to
1952	the requirements of s. 938.21, to impose an additional
1953	assessment in an amount up to the amount of the fine authorized
1954	for the offense. Such additional assessments shall be deposited
1955	for the purpose of providing assistance grants to drug abuse
1956	treatment or alcohol treatment or education programs as provided
1957	in s. 893.165.
1958	Section 43. For the purpose of incorporating the amendment
1959	to section 316.193, Florida Statutes, in references thereto,
1960	paragraph (d) of subsection (2) of section 943.05, Florida
1961	Statutes, is reenacted to read:
1962	943.05 Criminal Justice Information Program; duties; crime
1963	reports.--
1964	(2) The program shall:
1965	(d) Adopt rules to effectively and efficiently implement,
1966	administer, manage, maintain, and use the automated fingerprint
1967	identification system and uniform offense reports and arrest
1968	reports. The rules shall be considered minimum requirements and
1969	shall not preclude a criminal justice agency from implementing
1970	its own enhancements. However, rules and forms prescribing
1971	uniform arrest or probable cause affidavits and alcohol
1972	influence reports to be used by all law enforcement agencies in
1973	making DUI arrests under s. 316.193 shall be adopted, and shall
1974	be used by all law enforcement agencies in this state. The rules
1975	and forms prescribing such uniform affidavits and reports shall
1976	be adopted and implemented by July 1, 2004. Failure to use these
1977	uniform affidavits and reports, however, shall not prohibit
1978	prosecution under s. 316.193.
1979	Section 44. For the purpose of incorporating the amendment
1980	to section 316.193, Florida Statutes, in references thereto,
1981	paragraph (b) of subsection (8) of section 948.03, Florida
1982	Statutes, is reenacted to read:
1983	948.03 Terms and conditions of probation or community
1984	control.--
1985	(8)
1986	(b) In determining the average weekly wage, unless
1987	otherwise determined by a specific funding program, all
1988	remuneration received from the employer shall be considered a
1989	gratuity, and the offender shall not be entitled to any benefits
1990	otherwise payable under s. 440.15, regardless of whether the
1991	offender may be receiving wages and remuneration from other
1992	employment with another employer and regardless of his or her
1993	future wage-earning capacity. The provisions of this subsection
1994	do not apply to any person performing labor under a sentence of
1995	a court to perform community services as provided in s. 316.193.
1996	Section 45. For the purpose of incorporating the amendment
1997	to section 316.193, Florida Statutes, in references thereto,
1998	paragraph (b) of subsection (3) of section 960.03, Florida
1999	Statutes, is reenacted to read:
2000	960.03 Definitions; ss. 960.01-960.28.--As used in ss.
2001	960.01-960.28, unless the context otherwise requires, the term:
2002	(3) "Crime" means:
2003	(b) A violation of s. 316.193, s. 316.027(1), s.
2004	327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results in
2005	physical injury or death; however, no other act involving the
2006	operation of a motor vehicle, boat, or aircraft which results in
2007	injury or death shall constitute a crime for the purpose of this
2008	chapter unless the injury or death was intentionally inflicted
2009	through the use of such vehicle, boat, or aircraft or unless
2010	such vehicle, boat, or aircraft is an implement of a crime to
2011	which this act applies.
2012	Section 46. For the purpose of incorporating the amendment
2013	to section 327.35, Florida Statutes, in references thereto,
2014	subsection (3) of section 327.352, Florida Statutes, is
2015	reenacted to read:
2016	327.352 Tests for alcohol, chemical substances, or
2017	controlled substances; implied consent; refusal.--
2018	(3) Notwithstanding any provision of law pertaining to the
2019	confidentiality of hospital records or other medical records,
2020	information relating to the alcoholic content of the blood or
2021	breath or the presence of chemical substances or controlled
2022	substances in the blood obtained pursuant to this section shall
2023	be released to a court, prosecuting attorney, defense attorney,
2024	or law enforcement officer in connection with an alleged
2025	violation of s. 327.35 upon request for such information.
2026	Section 47. For the purpose of incorporating the amendment
2027	to section 327.35, Florida Statutes, in references thereto,
2028	subsections (1) and (2) of section 327.35215, Florida Statutes,
2029	are reenacted to read:
2030	327.35215 Penalty for failure to submit to test.--
2031	(1) A person who is lawfully arrested for an alleged
2032	violation of s. 327.35 and who refuses to submit to a blood
2033	test, breath test, or urine test pursuant to s. 327.352 is
2034	subject to a civil penalty of $500.
2035	(2) When a person refuses to submit to a blood test,
2036	breath test, or urine test pursuant to s. 327.352, a law
2037	enforcement officer who is authorized to make arrests for
2038	violations of this chapter shall file with the clerk of the
2039	court, on a form provided by the department, a certified
2040	statement that probable cause existed to arrest the person for a
2041	violation of s. 327.35 and that the person refused to submit to
2042	a test as required by s. 327.352. Along with the statement, the
2043	officer must also submit a sworn statement on a form provided by
2044	the department that the person has been advised of both the
2045	penalties for failure to submit to the blood, breath, or urine
2046	test and the procedure for requesting a hearing.
2047	Section 48. For the purpose of incorporating the amendment
2048	to section 327.35, Florida Statutes, in references thereto,
2049	subsection (4) of section 327.353, Florida Statutes, is
2050	reenacted to read:
2051	327.353 Blood test for impairment or intoxication in cases
2052	of death or serious bodily injury; right to use reasonable
2053	force.--
2054	(4) Notwithstanding any provision of law pertaining to the
2055	confidentiality of hospital records or other medical records,
2056	information relating to the alcoholic content of the blood or
2057	the presence of chemical substances or controlled substances in
2058	the blood obtained pursuant to this section shall be released to
2059	a court, prosecuting attorney, defense attorney, or law
2060	enforcement officer in connection with an alleged violation of
2061	s. 327.35 upon request for such information.
2062	Section 49. For the purpose of incorporating the amendment
2063	to section 327.35, Florida Statutes, in references thereto,
2064	subsections (1) and (4) of section 327.354, Florida Statutes,
2065	are reenacted to read:
2066	327.354 Presumption of impairment; testing methods.--
2067	(1) It is unlawful and punishable as provided in s. 327.35
2068	for any person who is under the influence of alcoholic beverages
2069	or controlled substances, when affected to the extent that the
2070	person's normal faculties are impaired or to the extent that the
2071	person is deprived of full possession of normal faculties, to
2072	operate any vessel within this state. Such normal faculties
2073	include, but are not limited to, the ability to see, hear, walk,
2074	talk, judge distances, drive an automobile, make judgments, act
2075	in emergencies, and, in general, normally perform the many
2076	mental and physical acts of daily life.
2077	(4) Any person charged with a violation of s. 327.35 is
2078	entitled to trial by jury according to the Florida Rules of
2079	Criminal Procedure.
2080	Section 50. For the purpose of incorporating the amendment
2081	to section 327.35, Florida Statutes, in references thereto,
2082	paragraph (a) of subsection (1) and subsection (4) of section
2083	327.355, Florida Statutes, are reenacted to read:
2084	327.355 Operation of vessels by persons under 21 years of
2085	age who have consumed alcoholic beverages.--
2086	(1)(a) Notwithstanding s. 327.35, it is unlawful for a
2087	person under the age of 21 who has a breath-alcohol level of
2088	0.02 or higher to operate or be in actual physical control of a
2089	vessel.
2090	(4) A violation of this section is a noncriminal
2091	infraction, and being detained pursuant to this section does not
2092	constitute an arrest. This section does not bar prosecution
2093	under s. 327.35, and the penalties provided herein shall be
2094	imposed in addition to any other penalty provided for boating
2095	under the influence or for refusal to submit to testing.
2096	Section 51. For the purpose of incorporating the amendment
2097	to section 327.35, Florida Statutes, in references thereto,
2098	subsection (2) of section 327.359, Florida Statutes, is
2099	reenacted to read:
2100	327.359 Refusal to submit to testing; penalties.--Any
2101	person who has refused to submit to a chemical or physical test
2102	of his or her breath, blood, or urine, as described in s.
2103	327.352, and who has been previously fined for refusal to submit
2104	to a lawful test of his or her breath, urine, or blood, and:
2105	(2) Who was placed under lawful arrest for a violation of
2106	s. 327.35 unless such test was requested pursuant to s.
2107	327.352(1)(c);
2108
2109	commits a misdemeanor of the first degree and is subject to
2110	punishment as provided in s. 775.082 or s. 775.083.
2111	Section 52. For the purpose of incorporating the amendment
2112	to section 327.35, Florida Statutes, in references thereto,
2113	section 327.36, Florida Statutes, is reenacted to read:
2114	327.36 Mandatory adjudication; prohibition against
2115	accepting plea to lesser included offense.--
2116	(1) Notwithstanding the provisions of s. 948.01, no court
2117	may suspend, defer, or withhold adjudication of guilt or
2118	imposition of sentence for any violation of s. 327.35, for
2119	manslaughter resulting from the operation of a vessel, or for
2120	vessel homicide.
2121	(2)(a) No trial judge may accept a plea of guilty to a
2122	lesser offense from a person who is charged with a violation of
2123	s. 327.35, manslaughter resulting from the operation of a
2124	vessel, or vessel homicide and who has been given a breath or
2125	blood test to determine blood or breath alcohol content, the
2126	results of which show a blood-alcohol level or breath-alcohol
2127	level of 0.16 or more.
2128	(b) A trial judge may not accept a plea of guilty to a
2129	lesser offense from a person charged with a felony violation of
2130	s. 327.35, manslaughter resulting from the operation of a
2131	vessel, or vessel homicide.
2132	Section 53. This act shall take effect October 1, 2004.
2133