HB 0307

CS

CHAMBER ACTION

1	The Committee on Public Safety & Crime Prevention recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to driving or boating under the influence;
8	amending s. 316.193, F.S.; requiring the court to order a
9	person convicted of certain driving under the influence
10	violations to acquire and use the Florida DUI license
11	plate; providing for use of the license plate as a
12	condition of probation; revising level of alcohol content
13	in blood or breath at which certain penalties shall apply
14	for the offense of driving under the influence; creating
15	s. 316.1996, F.S.; providing penalties for failure to use
16	the Florida DUI license plate as required; amending s.
17	316.656, F.S.; revising level of alcohol content in blood
18	or breath at which the prohibition against accepting plea
19	to lesser offense shall apply; amending s. 320.06, F.S.,
20	relating to license plate design; providing for the
21	Florida DUI license plate; creating s. 320.08051, F.S.;
22	creating the Florida DUI license plate; providing for
23	fees; providing for issuance of the plate; creating s.
24	322.2715, F.S.; requiring the Department of Highway Safety
25	and Motor Vehicles to require installation of ignition
26	interlock devices on certain vehicles driven by persons
27	convicted of specified DUI offenses; amending s. 327.35,
28	F.S.; revising level of alcohol content in blood or breath
29	at which certain penalties shall apply for the offense of
30	boating under the influence; reenacting ss. 316.066(3)(a),
31	316.072(4)(b), 316.1932(3), 316.1933(4), 316.1934(1) and
32	(4), 316.1937(1) and (2)(d), 316.1939(1)(b), 318.143(4)
33	and (5), 318.17(3), 322.03(2), 322.0602(2)(a), 322.21(8),
34	322.25(5), 322.26(1)(a), 322.2615(1), (2), (7), (8)(b),
35	(10)(b), and (14), 322.2616(1)(a), (15), and (19),
36	322.264(1)(b), 322.271(2)(a), (2)(c), and (4), 322.28(2),
37	322.282(2)(a), 322.291(1)(a), 322.34(9)(a), 322.44,
38	322.62(3), 322.63(2)(d) and (6), 322.64(1), (2), (7)(a),
39	(8)(b), (14), and (15), 323.001(4)(f), 327.35(6),
40	397.405(10), 440.02(17)(c), 440.09(7)(b), 493.6106(1)(d),
41	627.758(4), 790.06(2)(f) and (10)(f), 903.36(2),
42	907.041(4)(c), 938.07, 938.21, 938.23(1), 943.05(2)(d),
43	948.03(8)(b), and 960.03(3)(b), F.S.; incorporating the
44	amendment to s. 316.193, F.S., in references thereto;
45	reenacting ss. 327.352(3), 327.35215(1) and (2),
46	327.353(4), 327.354(1) and (4), 327.355(1)(a) and (4),
47	327.359(2), 327.36, and 938.07, F.S.; incorporating the
48	amendment to s. 327.35, F.S., in references thereto;
49	providing an effective date.
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Subsections (2) and (4) of section 316.193,
54	Florida Statutes, are amended to read:
55	316.193  Driving under the influence; penalties.--
56	(1)  A person is guilty of the offense of driving under the
57	influence and is subject to punishment as provided in subsection
58	(2) if the person is driving or in actual physical control of a
59	vehicle within this state and:
60	(a)  The person is under the influence of alcoholic
61	beverages, any chemical substance set forth in s. 877.111, or
62	any substance controlled under chapter 893, when affected to the
63	extent that the person's normal faculties are impaired;
64	(b)  The person has a blood-alcohol level of 0.08 or more
65	grams of alcohol per 100 milliliters of blood; or
66	(c)  The person has a breath-alcohol level of 0.08 or more
67	grams of alcohol per 210 liters of breath.
68	(2)(a)  Except as provided in paragraph (b), subsection
69	(3), or subsection (4), any person who is convicted of a
70	violation of subsection (1) shall be punished:
71	1.  By a fine of:
72	a.  Not less than $250 or more than $500 for a first
73	conviction.
74	b.  Not less than $500 or more than $1,000 for a second
75	conviction; and
76	2.  By imprisonment for:
77	a.  Not more than 6 months for a first conviction.
78	b.  Not more than 9 months for a second conviction.
79	3.  For a second conviction, by mandatory placement for a
80	period of at least 1 year, at the convicted person's sole
81	expense, of an ignition interlock device approved by the
82	department in accordance with s. 316.1938 upon all vehicles that
83	are individually or jointly leased or owned and routinely
84	operated by the convicted person, when the convicted person
85	qualifies for a permanent or restricted license. In addition,
86	the court shall order the convicted person to apply for a
87	Florida DUI license plate as provided in s. 320.08051 to be used
88	for a period of not less than 1 year, at the convicted person's
89	sole expense, for all vehicles that are individually or jointly
90	leased or owned and routinely operated by the convicted person,
91	when the convicted person qualifies for a permanent or
92	restricted license. The Florida DUI license plate must be
93	securely affixed to any such vehicle while being operated by the
94	convicted person. The convicted person may only operate vehicles
95	for which a Florida DUI license plate has been issued. For the
96	length of time a convicted person is placed on probation, a
97	court order for a Florida DUI license plate may be required as a
98	condition of probation which runs concurrently with the period
99	of time the person is required to operate a vehicle with a
100	Florida DUI license plate. The installation of such device may
101	not occur before July 1, 2003.
102	(b)1.  Any person who is convicted of a third violation of
103	this section for an offense that occurs within 10 years after a
104	prior conviction for a violation of this section commits a
105	felony of the third degree, punishable as provided in s.
106	775.082, s. 775.083, or s. 775.084. In addition, the court
107	shall:
108	a.  Order the mandatory placement for a period of not less
109	than 2 years, at the convicted person's sole expense, of an
110	ignition interlock device approved by the department in
111	accordance with s. 316.1938 upon all vehicles that are
112	individually or jointly leased or owned and routinely operated
113	by the convicted person, when the convicted person qualifies for
114	a permanent or restricted license.
115	b.  Order the convicted person to apply for a Florida DUI
116	license plate as provided in s. 320.08051 to be used for a
117	period of not less than 2 years, at the convicted person's sole
118	expense, for all vehicles that are individually or jointly
119	leased or owned and routinely operated by the convicted person,
120	when the convicted person qualifies for a permanent or
121	restricted license. The Florida DUI license plate must be
122	securely affixed to any such vehicle while being operated by the
123	convicted person. The convicted person may only operate vehicles
124	for which a Florida DUI license plate has been issued. For the
125	length of time a convicted person is placed on probation, a
126	court order for a Florida DUI license plate may be required as a
127	condition of probation which runs concurrently with the period
128	of time the person is required to operate a vehicle with a
129	Florida DUI license plate. The installation of such device may
130	not occur before July 1, 2003.
131	2.  Any person who is convicted of a third violation of
132	this section for an offense that occurs more than 10 years after
133	the date of a prior conviction for a violation of this section
134	shall be punished by a fine of not less than $1,000 or more than
135	$2,500 and by imprisonment for not more than 12 months. In
136	addition, the court shall:
137	a.  Order the mandatory placement for a period of not less
138	than at least 2 years, at the convicted person's sole expense,
139	of an ignition interlock device approved by the department in
140	accordance with s. 316.1938 upon all vehicles that are
141	individually or jointly leased or owned and routinely operated
142	by the convicted person, when the convicted person qualifies for
143	a permanent or restricted license.
144	b.  Order the convicted person to apply for a Florida DUI
145	license plate as provided in s. 320.08051 to be used for a
146	period of not less than 2 years, at the convicted person's sole
147	expense, for all vehicles that are individually or jointly
148	leased or owned and routinely operated by the convicted person,
149	when the convicted person qualifies for a permanent or
150	restricted license. The Florida DUI license plate must be
151	securely affixed to any such vehicle while being operated by the
152	convicted person. The convicted person may only operate vehicles
153	for which a Florida DUI license plate has been issued. For the
154	length of time a convicted person is placed on probation, a
155	court order for a Florida DUI license plate may be required as a
156	condition of probation which runs concurrently with the period
157	of time the person is required to operate a vehicle with a
158	Florida DUI license plate. The installation of such device may
159	not occur before July 1, 2003.
160	3.  Any person who is convicted of a fourth or subsequent
161	violation of this section, regardless of when any prior
162	conviction for a violation of this section occurred, commits a
163	felony of the third degree, punishable as provided in s.
164	775.082, s. 775.083, or s. 775.084. However, the fine imposed
165	for such fourth or subsequent violation may be not less than
166	$1,000.
167	(3)  Any person:
168	(a)  Who is in violation of subsection (1);
169	(b)  Who operates a vehicle; and
170	(c)  Who, by reason of such operation, causes or
171	contributes to causing:
172	1.  Damage to the property or person of another commits a
173	misdemeanor of the first degree, punishable as provided in s.
174	775.082 or s. 775.083.
175	2.  Serious bodily injury to another, as defined in s.
176	316.1933, commits a felony of the third degree, punishable as
177	provided in s. 775.082, s. 775.083, or s. 775.084.
178	3.  The death of any human being commits DUI manslaughter,
179	and commits:
180	a.  A felony of the second degree, punishable as provided
181	in s. 775.082, s. 775.083, or s. 775.084.
182	b.  A felony of the first degree, punishable as provided in
183	s. 775.082, s. 775.083, or s. 775.084, if:
184	(I)  At the time of the crash, the person knew, or should
185	have known, that the crash occurred; and
186	(II)  The person failed to give information and render aid
187	as required by s. 316.062.
188	(4)(a)  Any person who is convicted of a violation of
189	subsection (1) and who has a blood-alcohol level or breath-
190	alcohol level of 0.16 0.20 or higher, or any person who is
191	convicted of a violation of subsection (1) and who at the time
192	of the offense was accompanied in the vehicle by a person under
193	the age of 18 years, shall be punished:
194	1.(a)  By a fine of:
195	a.1.  Not less than $500 or more than $1,000 for a first
196	conviction.
197	b.2.  Not less than $1,000 or more than $2,000 for a second
198	conviction.
199	c.3.  Not less than $2,000 for a third or subsequent
200	conviction.
201	2.(b)  By imprisonment for:
202	a.1.  Not more than 9 months for a first conviction.
203	b.2.  Not more than 12 months for a second conviction.
204
205	For the purposes of this subsection, only the instant offense is
206	required to be a violation of subsection (1) by a person who has
207	a blood-alcohol level or breath-alcohol level of 0.20 or higher.
208	(b)(c)  In addition to the penalties in paragraph
209	paragraphs (a) and (b), the court shall:
210	1.  Order the mandatory placement, at the convicted
211	person's sole expense, of an ignition interlock device approved
212	by the department in accordance with s. 316.1938 upon all
213	vehicles that are individually or jointly leased or owned and
214	routinely operated by the convicted person for up to 6 months
215	for the first offense and for not less than at least 2 years for
216	a second offense, when the convicted person qualifies for a
217	permanent or restricted license.
218	2.  Order the convicted person to apply for a Florida DUI
219	license plate as provided in s. 320.08051, at the convicted
220	person's sole expense, for all vehicles that are individually or
221	jointly leased or owned and routinely operated by the convicted
222	person, to be used for up to 6 months for the first offense and
223	for not less than 2 years for a second or third offense, when
224	the convicted person qualifies for a permanent or restricted
225	license. The Florida DUI license plate must be securely affixed
226	to any such vehicle while being operated by the convicted
227	person. The convicted person may only operate vehicles for which
228	a Florida DUI license plate has been issued. For the length of
229	time a convicted person is placed on probation, a court order
230	for a Florida DUI license plate may be required as a condition
231	of probation which runs concurrently with the period of time the
232	person is required to operate a vehicle with a Florida DUI
233	license plate. The installation of such device may not occur
234	before July 1, 2003.
235
236	For the purposes of this subsection, only the instant offense is
237	required to be a violation of subsection (1) by a person who has
238	a blood-alcohol level or breath-alcohol level of 0.16 or higher.
239	(5)  The court shall place all offenders convicted of
240	violating this section on monthly reporting probation and shall
241	require completion of a substance abuse course conducted by a
242	DUI program licensed by the department under s. 322.292, which
243	must include a psychosocial evaluation of the offender. If the
244	DUI program refers the offender to an authorized substance abuse
245	treatment provider for substance abuse treatment, in addition to
246	any sentence or fine imposed under this section, completion of
247	all such education, evaluation, and treatment is a condition of
248	reporting probation. The offender shall assume reasonable costs
249	for such education, evaluation, and treatment. The referral to
250	treatment resulting from a psychosocial evaluation shall not be
251	waived without a supporting independent psychosocial evaluation
252	conducted by an authorized substance abuse treatment provider
253	appointed by the court, which shall have access to the DUI
254	program's psychosocial evaluation before the independent
255	psychosocial evaluation is conducted. The court shall review the
256	results and recommendations of both evaluations before
257	determining the request for waiver. The offender shall bear the
258	full cost of this procedure. The term "substance abuse" means
259	the abuse of alcohol or any substance named or described in
260	Schedules I through V of s. 893.03. If an offender referred to
261	treatment under this subsection fails to report for or complete
262	such treatment or fails to complete the DUI program substance
263	abuse education course and evaluation, the DUI program shall
264	notify the court and the department of the failure. Upon receipt
265	of the notice, the department shall cancel the offender's
266	driving privilege, notwithstanding the terms of the court order
267	or any suspension or revocation of the driving privilege. The
268	department may temporarily reinstate the driving privilege on a
269	restricted basis upon verification from the DUI program that the
270	offender is currently participating in treatment and the DUI
271	education course and evaluation requirement has been completed.
272	If the DUI program notifies the department of the second failure
273	to complete treatment, the department shall reinstate the
274	driving privilege only after notice of completion of treatment
275	from the DUI program. The organization that conducts the
276	substance abuse education and evaluation may not provide
277	required substance abuse treatment unless a waiver has been
278	granted to that organization by the department. A waiver may be
279	granted only if the department determines, in accordance with
280	its rules, that the service provider that conducts the substance
281	abuse education and evaluation is the most appropriate service
282	provider and is licensed under chapter 397 or is exempt from
283	such licensure. A statistical referral report shall be submitted
284	quarterly to the department by each organization authorized to
285	provide services under this section.
286	(6)  With respect to any person convicted of a violation of
287	subsection (1), regardless of any penalty imposed pursuant to
288	subsection (2), subsection (3), or subsection (4):
289	(a)  For the first conviction, the court shall place the
290	defendant on probation for a period not to exceed 1 year and, as
291	a condition of such probation, shall order the defendant to
292	participate in public service or a community work project for a
293	minimum of 50 hours; or the court may order instead, that any
294	defendant pay an additional fine of $10 for each hour of public
295	service or community work otherwise required, if, after
296	consideration of the residence or location of the defendant at
297	the time public service or community work is required, payment
298	of the fine is in the best interests of the state. However, the
299	total period of probation and incarceration may not exceed 1
300	year. The court must also, as a condition of probation, order
301	the impoundment or immobilization of the vehicle that was
302	operated by or in the actual control of the defendant or any one
303	vehicle registered in the defendant's name at the time of
304	impoundment or immobilization, for a period of 10 days or for
305	the unexpired term of any lease or rental agreement that expires
306	within 10 days. The impoundment or immobilization must not occur
307	concurrently with the incarceration of the defendant. The
308	impoundment or immobilization order may be dismissed in
309	accordance with paragraph (e), paragraph (f), paragraph (g), or
310	paragraph (h).
311	(b)  For the second conviction for an offense that occurs
312	within a period of 5 years after the date of a prior conviction
313	for violation of this section, the court shall order
314	imprisonment for not less than 10 days. The court must also, as
315	a condition of probation, order the impoundment or
316	immobilization of all vehicles owned by the defendant at the
317	time of impoundment or immobilization, for a period of 30 days
318	or for the unexpired term of any lease or rental agreement that
319	expires within 30 days. The impoundment or immobilization must
320	not occur concurrently with the incarceration of the defendant
321	and must occur concurrently with the driver's license revocation
322	imposed under s. 322.28(2)(a)2. The impoundment or
323	immobilization order may be dismissed in accordance with
324	paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
325	At least 48 hours of confinement must be consecutive.
326	(c)  For the third or subsequent conviction for an offense
327	that occurs within a period of 10 years after the date of a
328	prior conviction for violation of this section, the court shall
329	order imprisonment for not less than 30 days. The court must
330	also, as a condition of probation, order the impoundment or
331	immobilization of all vehicles owned by the defendant at the
332	time of impoundment or immobilization, for a period of 90 days
333	or for the unexpired term of any lease or rental agreement that
334	expires within 90 days. The impoundment or immobilization must
335	not occur concurrently with the incarceration of the defendant
336	and must occur concurrently with the driver's license revocation
337	imposed under s. 322.28(2)(a)3. The impoundment or
338	immobilization order may be dismissed in accordance with
339	paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
340	At least 48 hours of confinement must be consecutive.
341	(d)  The court must at the time of sentencing the defendant
342	issue an order for the impoundment or immobilization of a
343	vehicle. Within 7 business days after the date that the court
344	issues the order of impoundment or immobilization, the clerk of
345	the court must send notice by certified mail, return receipt
346	requested, to the registered owner of each vehicle, if the
347	registered owner is a person other than the defendant, and to
348	each person of record claiming a lien against the vehicle.
349	(e)  A person who owns but was not operating the vehicle
350	when the offense occurred may submit to the court a police
351	report indicating that the vehicle was stolen at the time of the
352	offense or documentation of having purchased the vehicle after
353	the offense was committed from an entity other than the
354	defendant or the defendant's agent. If the court finds that the
355	vehicle was stolen or that the sale was not made to circumvent
356	the order and allow the defendant continued access to the
357	vehicle, the order must be dismissed and the owner of the
358	vehicle will incur no costs. If the court denies the request to
359	dismiss the order of impoundment or immobilization, the
360	petitioner may request an evidentiary hearing.
361	(f)  A person who owns but was not operating the vehicle
362	when the offense occurred, and whose vehicle was stolen or who
363	purchased the vehicle after the offense was committed directly
364	from the defendant or the defendant's agent, may request an
365	evidentiary hearing to determine whether the impoundment or
366	immobilization should occur. If the court finds that either the
367	vehicle was stolen or the purchase was made without knowledge of
368	the offense, that the purchaser had no relationship to the
369	defendant other than through the transaction, and that such
370	purchase would not circumvent the order and allow the defendant
371	continued access to the vehicle, the order must be dismissed and
372	the owner of the vehicle will incur no costs.
373	(g)  The court shall also dismiss the order of impoundment
374	or immobilization of the vehicle if the court finds that the
375	family of the owner of the vehicle has no other private or
376	public means of transportation.
377	(h)  The court may also dismiss the order of impoundment or
378	immobilization of any vehicles that are owned by the defendant
379	but that are operated solely by the employees of the defendant
380	or any business owned by the defendant.
381	(i)  All costs and fees for the impoundment or
382	immobilization, including the cost of notification, must be paid
383	by the owner of the vehicle or, if the vehicle is leased or
384	rented, by the person leasing or renting the vehicle, unless the
385	impoundment or immobilization order is dismissed. All provisions
386	of s. 713.78 shall apply.
387	(j)  The person who owns a vehicle that is impounded or
388	immobilized under this paragraph, or a person who has a lien of
389	record against such a vehicle and who has not requested a review
390	of the impoundment pursuant to paragraph (e), paragraph (f), or
391	paragraph (g), may, within 10 days after the date that person
392	has knowledge of the location of the vehicle, file a complaint
393	in the county in which the owner resides to determine whether
394	the vehicle was wrongfully taken or withheld from the owner or
395	lienholder. Upon the filing of a complaint, the owner or
396	lienholder may have the vehicle released by posting with the
397	court a bond or other adequate security equal to the amount of
398	the costs and fees for impoundment or immobilization, including
399	towing or storage, to ensure the payment of such costs and fees
400	if the owner or lienholder does not prevail. When the bond is
401	posted and the fee is paid as set forth in s. 28.24, the clerk
402	of the court shall issue a certificate releasing the vehicle. At
403	the time of release, after reasonable inspection, the owner or
404	lienholder must give a receipt to the towing or storage company
405	indicating any loss or damage to the vehicle or to the contents
406	of the vehicle.
407	(k)  A defendant, in the court's discretion, may be
408	required to serve all or any portion of a term of imprisonment
409	to which the defendant has been sentenced pursuant to this
410	section in a residential alcoholism treatment program or a
411	residential drug abuse treatment program. Any time spent in such
412	a program must be credited by the court toward the term of
413	imprisonment.
414
415	For the purposes of this section, any conviction for a violation
416	of s. 327.35; a previous conviction for the violation of former
417	s. 316.1931, former s. 860.01, or former s. 316.028; or a
418	previous conviction outside this state for driving under the
419	influence, driving while intoxicated, driving with an unlawful
420	blood-alcohol level, driving with an unlawful breath-alcohol
421	level, or any other similar alcohol-related or drug-related
422	traffic offense, is also considered a previous conviction for
423	violation of this section. However, in satisfaction of the fine
424	imposed pursuant to this section, the court may, upon a finding
425	that the defendant is financially unable to pay either all or
426	part of the fine, order that the defendant participate for a
427	specified additional period of time in public service or a
428	community work project in lieu of payment of that portion of the
429	fine which the court determines the defendant is unable to pay.
430	In determining such additional sentence, the court shall
431	consider the amount of the unpaid portion of the fine and the
432	reasonable value of the services to be ordered; however, the
433	court may not compute the reasonable value of services at a rate
434	less than the federal minimum wage at the time of sentencing.
435	(7)  A conviction under this section does not bar any civil
436	suit for damages against the person so convicted.
437	(8)  At the arraignment, or in conjunction with any notice
438	of arraignment provided by the clerk of the court, the clerk
439	shall provide any person charged with a violation of this
440	section with notice that upon conviction the court shall suspend
441	or revoke the offender's driver's license and that the offender
442	should make arrangements for transportation at any proceeding in
443	which the court may take such action. Failure to provide such
444	notice does not affect the court's suspension or revocation of
445	the offender's driver's license.
446	(9)  A person who is arrested for a violation of this
447	section may not be released from custody:
448	(a)  Until the person is no longer under the influence of
449	alcoholic beverages, any chemical substance set forth in s.
450	877.111, or any substance controlled under chapter 893 and
451	affected to the extent that his or her normal faculties are
452	impaired;
453	(b)  Until the person's blood-alcohol level or breath-
454	alcohol level is less than 0.05; or
455	(c)  Until 8 hours have elapsed from the time the person
456	was arrested.
457	(10)  The rulings of the Department of Highway Safety and
458	Motor Vehicles under s. 322.2615 shall not be considered in any
459	trial for a violation of this section. Testimony or evidence
460	from the administrative proceedings or any written statement
461	submitted by a person in his or her request for administrative
462	review is inadmissible into evidence or for any other purpose in
463	any criminal proceeding, unless timely disclosed in criminal
464	discovery pursuant to Rule 3.220, Florida Rules of Criminal
465	Procedure.
466	(11)  The Department of Highway Safety and Motor Vehicles
467	is directed to adopt rules providing for the implementation of
468	the use of ignition interlock devices.
469	Section 2.  Section 316.1996, Florida Statutes, is created
470	to read:
471	316.1996  Failure to attach required Florida DUI license
472	plate.--It is unlawful for any person who has been ordered
473	pursuant to s. 316.193 to operate a vehicle only while a Florida
474	DUI license plate is securely attached to such vehicle to
475	operate such vehicle without having the Florida DUI license
476	plate attached or to wholly or partially cover any identifying
477	characteristic of such license plate while said license plate is
478	attached. Any person who violates this section commits a
479	noncriminal traffic infraction, punishable as a nonmoving
480	violation as provided in chapter 318. In the event that any
481	person who violates this section commits the infraction while on
482	probation for a violation of s. 316.193, the noncriminal
483	infraction provided in this section shall be in addition to any
484	punishment for any violation of probation.
485	Section 3.  Subsection (2) of section 316.656, Florida
486	Statutes, is amended to read:
487	316.656  Mandatory adjudication; prohibition against
488	accepting plea to lesser included offense.--
489	(1)  Notwithstanding the provisions of s. 948.01, no court
490	may suspend, defer, or withhold adjudication of guilt or
491	imposition of sentence for any violation of s. 316.193, for
492	manslaughter resulting from the operation of a motor vehicle, or
493	for vehicular homicide.
494	(2)(a)  No trial judge may accept a plea of guilty to a
495	lesser offense from a person charged under the provisions of
496	this act who has been given a breath or blood test to determine
497	blood or breath alcohol content, the results of which show a
498	blood or breath alcohol content by weight of 0.16 0.20 percent
499	or more.
500	(b)  No trial judge may accept a plea of guilty to a lesser
501	offense from a person charged with a violation of s. 316.193(3),
502	manslaughter resulting from the operation of a motor vehicle, or
503	vehicular homicide.
504	Section 4.  Paragraph (a) of subsection (3) of section
505	320.06, Florida Statutes, is amended to read:
506	320.06  Registration certificates, license plates, and
507	validation stickers generally.--
508	(3)(a)  Registration license plates shall be of metal
509	specially treated with a retroreflective material, as specified
510	by the department. The registration license plate is designed to
511	increase nighttime visibility and legibility and shall be at
512	least 6 inches wide and not less than 12 inches in length,
513	unless a plate with reduced dimensions is deemed necessary by
514	the department to accommodate motorcycles, mopeds, or similar
515	smaller vehicles. Validation stickers shall be treated with a
516	retroreflective material, shall be of such size as specified by
517	the department, and shall adhere to the license plate. The
518	registration license plate shall be imprinted with a combination
519	of bold letters and numerals or numerals, not to exceed seven
520	digits, to identify the registration license plate number. The
521	license plate shall also be imprinted with the word "Florida" at
522	the top and the name of the county in which it is sold at the
523	bottom, except that apportioned license plates shall have the
524	word "Apportioned" at the bottom and license plates issued for
525	vehicles taxed under s. 320.08(3)(d), (4)(m) or (n), (5)(b) or
526	(c), or (14) shall have the word "Restricted" at the bottom.
527	License plates issued for vehicles taxed under s. 320.08(12)
528	must be imprinted with the word "Florida" at the top and the
529	word "Dealer" at the bottom. Manufacturer license plates issued
530	for vehicles taxed under s. 320.08(12) must be imprinted with
531	the word "Florida" at the top and the word "Manufacturer" at the
532	bottom. License plates issued for vehicles taxed under s.
533	320.08(5)(d) or (e) must be imprinted with the word "Wrecker" at
534	the bottom. License plates issued pursuant to s. 320.08051 shall
535	have the word "Florida" at the top and the term "DUI Offender"
536	at the bottom. Any county may, upon majority vote of the county
537	commission, elect to have the county name removed from the
538	license plates sold in that county. The words "Sunshine State"
539	shall be printed in lieu thereof. In those counties where the
540	county commission has not removed the county name from the
541	license plate, the tax collector may, in addition to issuing
542	license plates with the county name printed on the license
543	plate, also issue license plates with the words "Sunshine State"
544	printed on the license plate subject to the approval of the
545	department and a legislative appropriation for the additional
546	license plates. A license plate issued for a vehicle taxed under
547	s. 320.08(6) may not be assigned a registration license number,
548	or be issued with any other distinctive character or
549	designation, that distinguishes the motor vehicle as a for-hire
550	motor vehicle.
551	Section 5.  Section 320.08051, Florida Statutes, is created
552	to read:
553	320.08051  Florida DUI license plates.--Upon application
554	and payment of the fees and taxes required by this section, the
555	department shall issue a Florida DUI license plate to any person
556	required to display such plate in compliance with s. 316.193(2)
557	or (4). If, at the time of application, the applicant's vehicle
558	is validly registered in this state, the applicant shall not be
559	required to pay the license tax set forth in s. 320.08 but shall
560	pay all other applicable fees, taxes, and surcharges provided
561	for by this chapter, including the fee set forth in s.
562	320.0607(5). If the vehicle is not validly registered at the
563	time of application, the applicant shall pay the applicable
564	license tax set forth in s. 320.08 and all other applicable
565	fees, taxes, and surcharges provided for by this chapter,
566	including the fee set forth in s. 320.0607(5). Once issued, the
567	Florida DUI license plate shall be subject to renewal as is any
568	other plate issued under this chapter. The Florida DUI license
569	plate shall have a yellow background and red lettering to
570	distinguish it from the other license plates issued under this
571	chapter and shall have the word "Florida" at the top and the
572	term "DUI Offender" at the bottom.
573	Section 6.  Section 322.2715, Florida Statutes, is created
574	to read:
575	322.2715  Ignition interlock device.--
576	(1)  Prior to issuing a permanent or restricted driver
577	license pursuant to this chapter to any person convicted of
578	committing any DUI infraction as specified in subsection (3),
579	the department shall require the placement of a department-
580	approved ignition interlock device upon all vehicles that are
581	individually or jointly leased or owned and routinely operated
582	by the convicted person.
583	(2)  For the purpose of this section, any conviction for a
584	violation of s. 316.193, a previous conviction for a violation
585	of former s. 316.1931, or a conviction outside this state for
586	driving under the influence, driving while intoxicated, driving
587	with an unlawful blood alcohol level, or any other similar
588	alcohol-related or drug-related traffic offense is considered a
589	conviction for DUI.
590	(3)  If the person:
591	(a)  Is convicted of a first offense of driving under the
592	influence under s. 316.193 and, at the time of the offense, has
593	a blood-alcohol level or breath-alcohol level as specified in s.
594	316.193(4), or is convicted of a violation of s. 316.193 and, at
595	the time of the offense, was accompanied in the vehicle by a
596	person under 18 years of age, the ignition interlock device
597	shall be required for a period of 6 months for the first offense
598	and for a period of not less than 2 years for a second offense.
599	(b)  Is convicted of a second offense of driving under the
600	influence, the ignition interlock device shall be required for a
601	period of not less than 1 year.
602	(c)  Is convicted of a third offense of driving under the
603	influence within 10 years after a prior conviction for a
604	violation of s. 316.193, the ignition interlock device shall be
605	required for a period of not less than 2 years.
606	(d)  Is convicted of a third offense of driving under the
607	influence more than 10 years after the date of a prior
608	conviction, the ignition interlock device shall be required for
609	a period of not less than 2 years.
610	(4)  If the court fails to specify the mandatory placement
611	of the ignition interlock device or the period for the mandatory
612	placement of an ignition interlock device under s. 316.193 or s.
613	316.1937 at the time of imposing sentence or within 30 days
614	thereafter, the department shall require that the ignition
615	interlock device be installed as provided in this section. This
616	requirement shall apply to reinstatements of the driving
617	privilege from revocations, suspensions, or cancellations based
618	upon DUI offenses occurring on or after July 1, 2004.
619	Section 7.  Subsection (4) of section 327.35, Florida
620	Statutes, is amended to read:
621	327.35  Boating under the influence; penalties; "designated
622	drivers".--
623	(4)  Any person who is convicted of a violation of
624	subsection (1) and who has a blood-alcohol level or breath-
625	alcohol level of 0.16 0.20 or higher, or any person who is
626	convicted of a violation of subsection (1) and who at the time
627	of the offense was accompanied in the vessel by a person under
628	the age of 18 years, shall be punished:
629	(a)  By a fine of:
630	1.  Not less than $500 or more than $1,000 for a first
631	conviction.
632	2.  Not less than $1,000 or more than $2,000 for a second
633	conviction.
634	3.  Not less than $2,000 for a third or subsequent
635	conviction.
636	(b)  By imprisonment for:
637	1.  Not more than 9 months for a first conviction.
638	2.  Not more than 12 months for a second conviction.
639
640	For the purposes of this subsection, only the instant offense is
641	required to be a violation of subsection (1) by a person who has
642	a blood-alcohol level or breath-alcohol level of 0.16 0.20 or
643	higher.
644	Section 8.  For the purpose of incorporating the amendment
645	to section 316.193, Florida Statutes, in a reference thereto,
646	paragraph (a) of subsection (3) of section 316.066, Florida
647	Statutes, is reenacted to read:
648	316.066  Written reports of crashes.--
649	(3)(a)  Every law enforcement officer who in the regular
650	course of duty investigates a motor vehicle crash:
651	1.  Which crash resulted in death or personal injury shall,
652	within 10 days after completing the investigation, forward a
653	written report of the crash to the department or traffic records
654	center.
655	2.  Which crash involved a violation of s. 316.061(1) or s.
656	316.193 shall, within 10 days after completing the
657	investigation, forward a written report of the crash to the
658	department or traffic records center.
659	3.  In which crash a vehicle was rendered inoperative to a
660	degree which required a wrecker to remove it from traffic may,
661	within 10 days after completing the investigation, forward a
662	written report of the crash to the department or traffic records
663	center if such action is appropriate, in the officer's
664	discretion.
665
666	However, in every case in which a crash report is required by
667	this section and a written report to a law enforcement officer
668	is not prepared, the law enforcement officer shall provide each
669	party involved in the crash a short-form report, prescribed by
670	the state, to be completed by the party. The short-form report
671	must include, but is not limited to: the date, time, and
672	location of the crash; a description of the vehicles involved;
673	the names and addresses of the parties involved; the names and
674	addresses of witnesses; the name, badge number, and law
675	enforcement agency of the officer investigating the crash; and
676	the names of the insurance companies for the respective parties
677	involved in the crash. Each party to the crash shall provide the
678	law enforcement officer with proof of insurance to be included
679	in the crash report. If a law enforcement officer submits a
680	report on the accident, proof of insurance must be provided to
681	the officer by each party involved in the crash. Any party who
682	fails to provide the required information is guilty of an
683	infraction for a nonmoving violation, punishable as provided in
684	chapter 318 unless the officer determines that due to injuries
685	or other special circumstances such insurance information cannot
686	be provided immediately. If the person provides the law
687	enforcement agency, within 24 hours after the crash, proof of
688	insurance that was valid at the time of the crash, the law
689	enforcement agency may void the citation.
690	Section 9.  For the purpose of incorporating the amendment
691	to section 316.193, Florida Statutes, in a reference thereto,
692	paragraph (b) of subsection (4) of section 316.072, Florida
693	Statutes, is reenacted to read:
694	316.072  Obedience to and effect of traffic laws.--
695	(4)  PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
696	EXCEPTIONS.--
697	(b)  Unless specifically made applicable, the provisions of
698	this chapter, except those contained in ss. 316.192, 316.1925,
699	and 316.193, shall not apply to persons, teams, or motor
700	vehicles and other equipment while actually engaged in work upon
701	the surface of a highway, but shall apply to such persons and
702	vehicles when traveling to or from such work.
703	Section 10.  For the purpose of incorporating the amendment
704	to section 316.193, Florida Statutes, in a reference thereto,
705	subsection (3) of section 316.1932, Florida Statutes, is
706	reenacted to read:
707	316.1932  Tests for alcohol, chemical substances, or
708	controlled substances; implied consent; refusal.--
709	(3)  Notwithstanding any provision of law pertaining to the
710	confidentiality of hospital records or other medical records,
711	information relating to the alcoholic content of the blood or
712	breath or the presence of chemical substances or controlled
713	substances in the blood obtained pursuant to this section shall
714	be released to a court, prosecuting attorney, defense attorney,
715	or law enforcement officer in connection with an alleged
716	violation of s. 316.193 upon request for such information.
717	Section 11.  For the purpose of incorporating the amendment
718	to section 316.193, Florida Statutes, in a reference thereto,
719	subsection (4) of section 316.1933, Florida Statutes, is
720	reenacted to read:
721	316.1933  Blood test for impairment or intoxication in
722	cases of death or serious bodily injury; right to use reasonable
723	force.--
724	(4)  Notwithstanding any provision of law pertaining to the
725	confidentiality of hospital records or other medical records,
726	information relating to the alcoholic content of the blood or
727	the presence of chemical substances or controlled substances in
728	the blood obtained pursuant to this section shall be released to
729	a court, prosecuting attorney, defense attorney, or law
730	enforcement officer in connection with an alleged violation of
731	s. 316.193 upon request for such information.
732	Section 12.  For the purpose of incorporating the amendment
733	to section 316.193, Florida Statutes, in references thereto,
734	subsections (1) and (4) of section 316.1934, Florida Statutes,
735	are reenacted to read:
736	316.1934  Presumption of impairment; testing methods.--
737	(1)  It is unlawful and punishable as provided in chapter
738	322 and in s. 316.193 for any person who is under the influence
739	of alcoholic beverages or controlled substances, when affected
740	to the extent that the person's normal faculties are impaired or
741	to the extent that the person is deprived of full possession of
742	normal faculties, to drive or be in actual physical control of
743	any motor vehicle within this state. Such normal faculties
744	include, but are not limited to, the ability to see, hear, walk,
745	talk, judge distances, drive an automobile, make judgments, act
746	in emergencies, and, in general, normally perform the many
747	mental and physical acts of daily life.
748	(4)  Any person charged with a violation of s. 316.193,
749	whether in a municipality or not, is entitled to trial by jury
750	according to the Florida Rules of Criminal Procedure.
751	Section 13.  For the purpose of incorporating the amendment
752	to section 316.193, Florida Statutes, in references thereto,
753	subsection (1) and paragraph (d) of subsection (2) of section
754	316.1937, Florida Statutes, are reenacted to read:
755	316.1937  Ignition interlock devices, requiring; unlawful
756	acts.--
757	(1)  In addition to any other authorized penalties, the
758	court may require that any person who is convicted of driving
759	under the influence in violation of s. 316.193 shall not operate
760	a motor vehicle unless that vehicle is equipped with a
761	functioning ignition interlock device certified by the
762	department as provided in s. 316.1938, and installed in such a
763	manner that the vehicle will not start if the operator's blood
764	alcohol level is in excess of 0.05 percent or as otherwise
765	specified by the court. The court may require the use of an
766	approved ignition interlock device for a period of not less than
767	6 months, if the person is permitted to operate a motor vehicle,
768	whether or not the privilege to operate a motor vehicle is
769	restricted, as determined by the court. The court, however,
770	shall order placement of an ignition interlock device in those
771	circumstances required by s. 316.193.
772	(2)  If the court imposes the use of an ignition interlock
773	device, the court shall:
774	(d)  Determine the person's ability to pay for installation
775	of the device if the person claims inability to pay. If the
776	court determines that the person is unable to pay for
777	installation of the device, the court may order that any portion
778	of a fine paid by the person for a violation of s. 316.193 shall
779	be allocated to defray the costs of installing the device.
780	Section 14.  For the purpose of incorporating the amendment
781	to section 316.193, Florida Statutes, in a reference thereto,
782	paragraph (b) of subsection (1) of section 316.1939, Florida
783	Statutes, is reenacted to read:
784	316.1939  Refusal to submit to testing; penalties.--
785	(1)  Any person who has refused to submit to a chemical or
786	physical test of his or her breath, blood, or urine, as
787	described in s. 316.1932, and whose driving privilege was
788	previously suspended for a prior refusal to submit to a lawful
789	test of his or her breath, urine, or blood, and:
790	(b)  Who was placed under lawful arrest for a violation of
791	s. 316.193 unless such test was requested pursuant to s.
792	316.1932(1)(c);
793
794	commits a misdemeanor of the first degree and is subject to
795	punishment as provided in s. 775.082 or s. 775.083.
796	Section 15.  For the purpose of incorporating the amendment
797	to section 316.193, Florida Statutes, in references thereto,
798	subsections (4) and (5) of section 318.143, Florida Statutes,
799	are reenacted to read:
800	318.143  Sanctions for infractions by minors.--
801	(4)  For the first conviction for a violation of s.
802	316.193, the court may order the Department of Highway Safety
803	and Motor Vehicles to revoke the minor's driver's license until
804	the minor is 18 years of age. For a second or subsequent
805	conviction for such a violation, the court may order the
806	Department of Highway Safety and Motor Vehicles to revoke the
807	minor's driver's license until the minor is 21 years of age.
808	(5)  A minor who is arrested for a violation of s. 316.193
809	may be released from custody as soon as:
810	(a)  The minor is no longer under the influence of
811	alcoholic beverages, of any chemical substance set forth in s.
812	877.111, or of any substance controlled under chapter 893, and
813	is not affected to the extent that his or her normal faculties
814	are impaired;
815	(b)  The minor's blood-alcohol level is less than 0.05
816	percent; or
817	(c)  Six hours have elapsed after the minor's arrest.
818	Section 16.  For the purpose of incorporating the amendment
819	to section 316.193, Florida Statutes, in a reference thereto,
820	subsection (3) of section 318.17, Florida Statutes, is reenacted
821	to read:
822	318.17  Offenses excepted.--No provision of this chapter is
823	available to a person who is charged with any of the following
824	offenses:
825	(3)  Driving, or being in actual physical control of, any
826	vehicle while under the influence of alcoholic beverages, any
827	chemical substance set forth in s. 877.111, or any substance
828	controlled under chapter 893, in violation of s. 316.193, or
829	driving with an unlawful blood-alcohol level;
830	Section 17.  For the purpose of incorporating the amendment
831	to section 316.193, Florida Statutes, in references thereto,
832	subsection (2) of section 322.03, Florida Statutes, is reenacted
833	to read:
834	322.03  Drivers must be licensed; penalties.--
835	(2)  Prior to issuing a driver's license, the department
836	shall require any person who has been convicted two or more
837	times of a violation of s. 316.193 or of a substantially similar
838	alcohol-related or drug-related offense outside this state
839	within the preceding 5 years, or who has been convicted of three
840	or more such offenses within the preceding 10 years, to present
841	proof of successful completion of or enrollment in a department-
842	approved substance abuse education course. If the person fails
843	to complete such education course within 90 days after issuance,
844	the department shall cancel the license. Further, prior to
845	issuing the driver's license the department shall require such
846	person to present proof of financial responsibility as provided
847	in s. 324.031. For the purposes of this paragraph, a previous
848	conviction for violation of former s. 316.028, former s.
849	316.1931, or former s. 860.01 shall be considered a previous
850	conviction for violation of s. 316.193.
851	Section 18.  For the purpose of incorporating the amendment
852	to section 316.193, Florida Statutes, in a reference thereto,
853	paragraph (a) of subsection (2) of section 322.0602, Florida
854	Statutes, is reenacted to read:
855	322.0602  Youthful Drunk Driver Visitation Program.--
856	(2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR
857	PARTICIPATION.--
858	(a)  If a person is convicted of a violation of s. 316.193,
859	the court may order, as a term and condition of probation in
860	addition to any other term or condition required or authorized
861	by law, that the probationer participate in the Youthful Drunk
862	Driver Visitation Program.
863	Section 19.  For the purpose of incorporating the amendment
864	to section 316.193, Florida Statutes, in a reference thereto,
865	subsection (8) of section 322.21, Florida Statutes, is reenacted
866	to read:
867	322.21  License fees; procedure for handling and collecting
868	fees.--
869	(8)  Any person who applies for reinstatement following the
870	suspension or revocation of the person's driver's license shall
871	pay a service fee of $35 following a suspension, and $60
872	following a revocation, which is in addition to the fee for a
873	license. Any person who applies for reinstatement of a
874	commercial driver's license following the disqualification of
875	the person's privilege to operate a commercial motor vehicle
876	shall pay a service fee of $60, which is in addition to the fee
877	for a license. The department shall collect all of these fees at
878	the time of reinstatement. The department shall issue proper
879	receipts for such fees and shall promptly transmit all funds
880	received by it as follows:
881	(a)  Of the $35 fee received from a licensee for
882	reinstatement following a suspension, the department shall
883	deposit $15 in the General Revenue Fund and $20 in the Highway
884	Safety Operating Trust Fund.
885	(b)  Of the $60 fee received from a licensee for
886	reinstatement following a revocation or disqualification, the
887	department shall deposit $35 in the General Revenue Fund and $25
888	in the Highway Safety Operating Trust Fund.
889
890	If the revocation or suspension of the driver's license was for
891	a violation of s. 316.193, or for refusal to submit to a lawful
892	breath, blood, or urine test, an additional fee of $115 must be
893	charged. However, only one $115 fee may be collected from one
894	person convicted of violations arising out of the same incident.
895	The department shall collect the $115 fee and deposit the fee
896	into the Highway Safety Operating Trust Fund at the time of
897	reinstatement of the person's driver's license, but the fee may
898	not be collected if the suspension or revocation is overturned.
899	Section 20.  For the purpose of incorporating the amendment
900	to section 316.193, Florida Statutes, in a reference thereto,
901	subsection (5) of section 322.25, Florida Statutes, is reenacted
902	to read:
903	322.25  When court to forward license to department and
904	report convictions; temporary reinstatement of driving
905	privileges.--
906	(5)  For the purpose of this chapter, the entrance of a
907	plea of nolo contendere by the defendant to a charge of driving
908	while intoxicated, driving under the influence, driving with an
909	unlawful blood-alcohol level, or any other alcohol-related or
910	drug-related traffic offense similar to the offenses specified
911	in s. 316.193, accepted by the court and under which plea the
912	court has entered a fine or sentence, whether in this state or
913	any other state or country, shall be equivalent to a conviction.
914	Section 21.  For the purpose of incorporating the amendment
915	to section 316.193, Florida Statutes, in a reference thereto,
916	paragraph (a) of subsection (1) of section 322.26, Florida
917	Statutes, is reenacted to read:
918	322.26  Mandatory revocation of license by department.--The
919	department shall forthwith revoke the license or driving
920	privilege of any person upon receiving a record of such person's
921	conviction of any of the following offenses:
922	(1)(a)  Murder resulting from the operation of a motor
923	vehicle, DUI manslaughter where the conviction represents a
924	subsequent DUI-related conviction, or a fourth violation of s.
925	316.193 or former s. 316.1931. For such cases, the revocation of
926	the driver's license or driving privilege shall be permanent.
927	Section 22.  For the purpose of incorporating the amendment
928	to section 316.193, Florida Statutes, in references thereto,
929	subsections (1), (2), and (7), paragraph (b) of subsection (8),
930	paragraph (b) of subsection (10), and subsection (14) of section
931	322.2615, Florida Statutes, are reenacted to read:
932	322.2615  Suspension of license; right to review.--
933	(1)(a)  A law enforcement officer or correctional officer
934	shall, on behalf of the department, suspend the driving
935	privilege of a person who has been arrested by a law enforcement
936	officer for a violation of s. 316.193, relating to unlawful
937	blood-alcohol level or breath-alcohol level, or of a person who
938	has refused to submit to a breath, urine, or blood test
939	authorized by s. 316.1932. The officer shall take the person's
940	driver's license and issue the person a 10-day temporary permit
941	if the person is otherwise eligible for the driving privilege
942	and shall issue the person a notice of suspension. If a blood
943	test has been administered, the results of which are not
944	available to the officer at the time of the arrest, the agency
945	employing the officer shall transmit such results to the
946	department within 5 days after receipt of the results. If the
947	department then determines that the person was arrested for a
948	violation of s. 316.193 and that the person had a blood-alcohol
949	level or breath-alcohol level of 0.08 or higher, the department
950	shall suspend the person's driver's license pursuant to
951	subsection (3).
952	(b)  The suspension under paragraph (a) shall be pursuant
953	to, and the notice of suspension shall inform the driver of, the
954	following:
955	1.a.  The driver refused to submit to a lawful breath,
956	blood, or urine test and his or her driving privilege is
957	suspended for a period of 1 year for a first refusal or for a
958	period of 18 months if his or her driving privilege has been
959	previously suspended as a result of a refusal to submit to such
960	a test; or
961	b.  The driver violated s. 316.193 by driving with an
962	unlawful blood-alcohol level as provided in that section and his
963	or her driving privilege is suspended for a period of 6 months
964	for a first offense or for a period of 1 year if his or her
965	driving privilege has been previously suspended for a violation
966	of s. 316.193.
967	2.  The suspension period shall commence on the date of
968	arrest or issuance of the notice of suspension, whichever is
969	later.
970	3.  The driver may request a formal or informal review of
971	the suspension by the department within 10 days after the date
972	of arrest or issuance of the notice of suspension, whichever is
973	later.
974	4.  The temporary permit issued at the time of arrest will
975	expire at midnight of the 10th day following the date of arrest
976	or issuance of the notice of suspension, whichever is later.
977	5.  The driver may submit to the department any materials
978	relevant to the arrest.
979	(2)  Except as provided in paragraph (1)(a), the law
980	enforcement officer shall forward to the department, within 5
981	days after the date of the arrest, a copy of the notice of
982	suspension, the driver's license of the person arrested, and a
983	report of the arrest, including an affidavit stating the
984	officer's grounds for belief that the person arrested was in
985	violation of s. 316.193; the results of any breath or blood test
986	or an affidavit stating that a breath, blood, or urine test was
987	requested by a law enforcement officer or correctional officer
988	and that the person arrested refused to submit; a copy of the
989	citation issued to the person arrested; and the officer's
990	description of the person's field sobriety test, if any. The
991	failure of the officer to submit materials within the 5-day
992	period specified in this subsection and in subsection (1) shall
993	not affect the department's ability to consider any evidence
994	submitted at or prior to the hearing. The officer may also
995	submit a copy of a videotape of the field sobriety test or the
996	attempt to administer such test.
997	(7)  In a formal review hearing under subsection (6) or an
998	informal review hearing under subsection (4), the hearing
999	officer shall determine by a preponderance of the evidence
1000	whether sufficient cause exists to sustain, amend, or invalidate
1001	the suspension. The scope of the review shall be limited to the
1002	following issues:
1003	(a)  If the license was suspended for driving with an
1004	unlawful blood-alcohol level in violation of s. 316.193:
1005	1.  Whether the arresting law enforcement officer had
1006	probable cause to believe that the person was driving or in
1007	actual physical control of a motor vehicle in this state while
1008	under the influence of alcoholic beverages or controlled
1009	substances.
1010	2.  Whether the person was placed under lawful arrest for a
1011	violation of s. 316.193.
1012	3.  Whether the person had an unlawful blood-alcohol level
1013	as provided in s. 316.193.
1014	(b)  If the license was suspended for refusal to submit to
1015	a breath, blood, or urine test:
1016	1.  Whether the arresting law enforcement officer had
1017	probable cause to believe that the person was driving or in
1018	actual physical control of a motor vehicle in this state while
1019	under the influence of alcoholic beverages or controlled
1020	substances.
1021	2.  Whether the person was placed under lawful arrest for a
1022	violation of s. 316.193.
1023	3.  Whether the person refused to submit to any such test
1024	after being requested to do so by a law enforcement officer or
1025	correctional officer.
1026	4.  Whether the person was told that if he or she refused
1027	to submit to such test his or her privilege to operate a motor
1028	vehicle would be suspended for a period of 1 year or, in the
1029	case of a second or subsequent refusal, for a period of 18
1030	months.
1031	(8)  Based on the determination of the hearing officer
1032	pursuant to subsection (7) for both informal hearings under
1033	subsection (4) and formal hearings under subsection (6), the
1034	department shall:
1035	(b)  Sustain the suspension of the person's driving
1036	privilege for a period of 6 months for a violation of s.
1037	316.193, or for a period of 1 year if the driving privilege of
1038	such person has been previously suspended as a result of a
1039	violation of s. 316.193. The suspension period commences on the
1040	date of the arrest or issuance of the notice of suspension,
1041	whichever is later.
1042	(10)  A person whose driver's license is suspended under
1043	subsection (1) or subsection (3) may apply for issuance of a
1044	license for business or employment purposes only if the person
1045	is otherwise eligible for the driving privilege pursuant to s.
1046	322.271.
1047	(b)  If the suspension of the driver's license of the
1048	person arrested for a violation of s. 316.193, relating to
1049	unlawful blood-alcohol level, is sustained, the person is not
1050	eligible to receive a license for business or employment
1051	purposes only pursuant to s. 322.271 until 30 days have elapsed
1052	after the expiration of the last temporary permit issued. If the
1053	driver is not issued a 10-day permit pursuant to this section or
1054	s. 322.64 because he or she is ineligible for the permit and the
1055	suspension for a violation of s. 316.193, relating to unlawful
1056	blood-alcohol level, is not invalidated by the department, the
1057	driver is not eligible to receive a business or employment
1058	license pursuant to s. 322.271 until 30 days have elapsed from
1059	the date of the arrest.
1060	(14)  The decision of the department under this section
1061	shall not be considered in any trial for a violation of s.
1062	316.193, nor shall any written statement submitted by a person
1063	in his or her request for departmental review under this section
1064	be admissible into evidence against him or her in any such
1065	trial. The disposition of any related criminal proceedings shall
1066	not affect a suspension imposed pursuant to this section.
1067	Section 23.  For the purpose of incorporating the amendment
1068	to section 316.193, Florida Statutes, in references thereto,
1069	paragraph (a) of subsection (1) and subsections (15) and (19) of
1070	section 322.2616, Florida Statutes, are reenacted to read:
1071	322.2616  Suspension of license; persons under 21 years of
1072	age; right to review.--
1073	(1)(a)  Notwithstanding s. 316.193, it is unlawful for a
1074	person under the age of 21 who has a blood-alcohol or breath-
1075	alcohol level of 0.02 or higher to drive or be in actual
1076	physical control of a motor vehicle.
1077	(15)  The decision of the department under this section
1078	shall not be considered in any trial for a violation of s.
1079	316.193, nor shall any written statement submitted by a person
1080	in his or her request for departmental review under this section
1081	be admissible into evidence against him or her in any such
1082	trial. The disposition of any related criminal proceedings shall
1083	not affect a suspension imposed under this section.
1084	(19)  A violation of this section is neither a traffic
1085	infraction nor a criminal offense, nor does being detained
1086	pursuant to this section constitute an arrest. A violation of
1087	this section is subject to the administrative action provisions
1088	of this section, which are administered by the department
1089	through its administrative processes. Administrative actions
1090	taken pursuant to this section shall be recorded in the motor
1091	vehicle records maintained by the department. This section does
1092	not bar prosecution under s. 316.193. However, if the department
1093	suspends a person's license under s. 322.2615 for a violation of
1094	s. 316.193, it may not also suspend the person's license under
1095	this section for the same episode that was the basis for the
1096	suspension under s. 322.2615.
1097	Section 24.  For the purpose of incorporating the amendment
1098	to section 316.193, Florida Statutes, in a reference thereto,
1099	paragraph (b) of subsection (1) of section 322.264, Florida
1100	Statutes, is reenacted to read:
1101	322.264  "Habitual traffic offender" defined.--A "habitual
1102	traffic offender" is any person whose record, as maintained by
1103	the Department of Highway Safety and Motor Vehicles, shows that
1104	such person has accumulated the specified number of convictions
1105	for offenses described in subsection (1) or subsection (2)
1106	within a 5-year period:
1107	(1)  Three or more convictions of any one or more of the
1108	following offenses arising out of separate acts:
1109	(b)  Any violation of s. 316.193, former s. 316.1931, or
1110	former s. 860.01;
1111
1112	Any violation of any federal law, any law of another state or
1113	country, or any valid ordinance of a municipality or county of
1114	another state similar to a statutory prohibition specified in
1115	subsection (1) or subsection (2) shall be counted as a violation
1116	of such prohibition. In computing the number of convictions, all
1117	convictions during the 5 years previous to July 1, 1972, will be
1118	used, provided at least one conviction occurs after that date.
1119	The fact that previous convictions may have resulted in
1120	suspension, revocation, or disqualification under another
1121	section does not exempt them from being used for suspension or
1122	revocation under this section as a habitual offender.
1123	Section 25.  For the purpose of incorporating the amendment
1124	to section 316.193, Florida Statutes, in references thereto,
1125	paragraphs (a) and (c) of subsection (2) and subsection (4) of
1126	section 322.271, Florida Statutes, are reenacted to read:
1127	322.271  Authority to modify revocation, cancellation, or
1128	suspension order.--
1129	(2)(a)  Upon such hearing, the person whose license has
1130	been suspended, canceled, or revoked may show that such
1131	suspension, cancellation, or revocation of his or her license
1132	causes a serious hardship and precludes the person's carrying
1133	out his or her normal business occupation, trade, or employment
1134	and that the use of the person's license in the normal course of
1135	his or her business is necessary to the proper support of the
1136	person or his or her family. Except as otherwise provided in
1137	this subsection, the department shall require proof of the
1138	successful completion of the applicable department-approved
1139	driver training course operating pursuant to s. 318.1451 or DUI
1140	program substance abuse education course and evaluation as
1141	provided in s. 316.193(5). Letters of recommendation from
1142	respected business persons in the community, law enforcement
1143	officers, or judicial officers may also be required to determine
1144	whether such person should be permitted to operate a motor
1145	vehicle on a restricted basis for business or employment use
1146	only and in determining whether such person can be trusted to so
1147	operate a motor vehicle. If a driver's license has been
1148	suspended under the point system or pursuant to s. 322.2615, the
1149	department shall require proof of enrollment in the applicable
1150	department-approved driver training course or licensed DUI
1151	program substance abuse education course, including evaluation
1152	and treatment, if referred, and may require letters of
1153	recommendation described in this subsection to determine if the
1154	driver should be reinstated on a restricted basis. If such
1155	person fails to complete the approved course within 90 days
1156	after reinstatement or subsequently fails to complete treatment,
1157	if applicable, the department shall cancel his or her driver's
1158	license until the course and treatment, if applicable, is
1159	successfully completed, notwithstanding the terms of the court
1160	order or any suspension or revocation of the driving privilege.
1161	The department may temporarily reinstate the driving privilege
1162	on a restricted basis upon verification from the DUI program
1163	that the offender has reentered and is currently participating
1164	in treatment and has completed the DUI education course and
1165	evaluation requirement. If the DUI program notifies the
1166	department of the second failure to complete treatment, the
1167	department shall reinstate the driving privilege only after
1168	notice of completion of treatment from the DUI program. The
1169	privilege of driving on a limited or restricted basis for
1170	business or employment use shall not be granted to a person who
1171	has been convicted of a violation of s. 316.193 until completion
1172	of the DUI program substance abuse education course and
1173	evaluations as provided in s. 316.193(5). Except as provided in
1174	paragraph (b), the privilege of driving on a limited or
1175	restricted basis for business or employment use shall not be
1176	granted to a person whose license is revoked pursuant to s.
1177	322.28 or suspended pursuant to s. 322.2615 and who has been
1178	convicted of a violation of s. 316.193 two or more times or
1179	whose license has been suspended two or more times for refusal
1180	to submit to a test pursuant to s. 322.2615 or former s.
1181	322.261.
1182	(c)  For the purpose of this section, a previous conviction
1183	of driving under the influence, driving while intoxicated,
1184	driving with an unlawful blood-alcohol level, or any other
1185	similar alcohol-related or drug-related offense outside this
1186	state or a previous conviction of former s. 316.1931, former s.
1187	316.028, or former s. 860.01 shall be considered a previous
1188	conviction for violation of s. 316.193.
1189	(4)  Notwithstanding the provisions of s. 322.28(2)(e), a
1190	person whose driving privilege has been permanently revoked
1191	because he or she has been convicted of DUI manslaughter in
1192	violation of s. 316.193 and has no prior convictions for DUI-
1193	related offenses may, upon the expiration of 5 years after the
1194	date of such revocation or the expiration of 5 years after the
1195	termination of any term of incarceration under s. 316.193 or
1196	former s. 316.1931, whichever date is later, petition the
1197	department for reinstatement of his or her driving privilege.
1198	(a)  Within 30 days after the receipt of such a petition,
1199	the department shall afford the petitioner an opportunity for a
1200	hearing. At the hearing, the petitioner must demonstrate to the
1201	department that he or she:
1202	1.  Has not been arrested for a drug-related offense during
1203	the 5 years preceding the filing of the petition;
1204	2.  Has not driven a motor vehicle without a license for at
1205	least 5 years prior to the hearing;
1206	3.  Has been drug-free for at least 5 years prior to the
1207	hearing; and
1208	4.  Has completed a DUI program licensed by the department.
1209	(b)  At such hearing, the department shall determine the
1210	petitioner's qualification, fitness, and need to drive. Upon
1211	such determination, the department may, in its discretion,
1212	reinstate the driver's license of the petitioner. Such
1213	reinstatement must be made subject to the following
1214	qualifications:
1215	1.  The license must be restricted for employment purposes
1216	for not less than 1 year; and
1217	2.  Such person must be supervised by a DUI program
1218	licensed by the department and report to the program for such
1219	supervision and education at least four times a year or
1220	additionally as required by the program for the remainder of the
1221	revocation period. Such supervision shall include evaluation,
1222	education, referral into treatment, and other activities
1223	required by the department.
1224	(c)  Such person must assume the reasonable costs of
1225	supervision. If such person fails to comply with the required
1226	supervision, the program shall report the failure to the
1227	department, and the department shall cancel such person's
1228	driving privilege.
1229	(d)  If, after reinstatement, such person is convicted of
1230	an offense for which mandatory revocation of his or her license
1231	is required, the department shall revoke his or her driving
1232	privilege.
1233	(e)  The department shall adopt rules regulating the
1234	providing of services by DUI programs pursuant to this section.
1235	Section 26.  For the purpose of incorporating the amendment
1236	to section 316.193, Florida Statutes, in references thereto,
1237	subsection (2) of section 322.28, Florida Statutes, is reenacted
1238	to read:
1239	322.28  Period of suspension or revocation.--
1240	(2)  In a prosecution for a violation of s. 316.193 or
1241	former s. 316.1931, the following provisions apply:
1242	(a)  Upon conviction of the driver, the court, along with
1243	imposing sentence, shall revoke the driver's license or driving
1244	privilege of the person so convicted, effective on the date of
1245	conviction, and shall prescribe the period of such revocation in
1246	accordance with the following provisions:
1247	1.  Upon a first conviction for a violation of the
1248	provisions of s. 316.193, except a violation resulting in death,
1249	the driver's license or driving privilege shall be revoked for
1250	not less than 180 days or more than 1 year.
1251	2.  Upon a second conviction for an offense that occurs
1252	within a period of 5 years after the date of a prior conviction
1253	for a violation of the provisions of s. 316.193 or former s.
1254	316.1931 or a combination of such sections, the driver's license
1255	or driving privilege shall be revoked for not less than 5 years.
1256	3.  Upon a third conviction for an offense that occurs
1257	within a period of 10 years after the date of a prior conviction
1258	for the violation of the provisions of s. 316.193 or former s.
1259	316.1931 or a combination of such sections, the driver's license
1260	or driving privilege shall be revoked for not less than 10
1261	years.
1262
1263	For the purposes of this paragraph, a previous conviction
1264	outside this state for driving under the influence, driving
1265	while intoxicated, driving with an unlawful blood-alcohol level,
1266	or any other alcohol-related or drug-related traffic offense
1267	similar to the offense of driving under the influence as
1268	proscribed by s. 316.193 will be considered a previous
1269	conviction for violation of s. 316.193, and a conviction for
1270	violation of former s. 316.028, former s. 316.1931, or former s.
1271	860.01 is considered a conviction for violation of s. 316.193.
1272	(b)  If the period of revocation was not specified by the
1273	court at the time of imposing sentence or within 30 days
1274	thereafter, and is not otherwise specified by law, the
1275	department shall forthwith revoke the driver's license or
1276	driving privilege for the maximum period applicable under
1277	paragraph (a) for a first conviction and for the minimum period
1278	applicable under paragraph (a) for any subsequent convictions.
1279	The driver may, within 30 days after such revocation by the
1280	department, petition the court for further hearing on the period
1281	of revocation, and the court may reopen the case and determine
1282	the period of revocation within the limits specified in
1283	paragraph (a).
1284	(c)  The forfeiture of bail bond, not vacated within 20
1285	days, in any prosecution for the offense of driving while under
1286	the influence of alcoholic beverages, chemical substances, or
1287	controlled substances to the extent of depriving the defendant
1288	of his or her normal faculties shall be deemed equivalent to a
1289	conviction for the purposes of this paragraph, and the
1290	department shall forthwith revoke the defendant's driver's
1291	license or driving privilege for the maximum period applicable
1292	under paragraph (a) for a first conviction and for the minimum
1293	period applicable under paragraph (a) for a second or subsequent
1294	conviction; however, if the defendant is later convicted of the
1295	charge, the period of revocation imposed by the department for
1296	such conviction shall not exceed the difference between the
1297	applicable maximum for a first conviction or minimum for a
1298	second or subsequent conviction and the revocation period under
1299	this subsection that has actually elapsed; upon conviction of
1300	such charge, the court may impose revocation for a period of
1301	time as specified in paragraph (a). This paragraph does not
1302	apply if an appropriate motion contesting the forfeiture is
1303	filed within the 20-day period.
1304	(d)  When any driver's license or driving privilege has
1305	been revoked pursuant to the provisions of this section, the
1306	department shall not grant a new license, except upon
1307	reexamination of the licensee after the expiration of the period
1308	of revocation so prescribed. However, the court may, in its
1309	sound discretion, issue an order of reinstatement on a form
1310	furnished by the department which the person may take to any
1311	driver's license examining office for reinstatement by the
1312	department pursuant to s. 322.282.
1313	(e)  The court shall permanently revoke the driver's
1314	license or driving privilege of a person who has been convicted
1315	four times for violation of s. 316.193 or former s. 316.1931 or
1316	a combination of such sections. The court shall permanently
1317	revoke the driver's license or driving privilege of any person
1318	who has been convicted of DUI manslaughter in violation of s.
1319	316.193. If the court has not permanently revoked such driver's
1320	license or driving privilege within 30 days after imposing
1321	sentence, the department shall permanently revoke the driver's
1322	license or driving privilege pursuant to this paragraph. No
1323	driver's license or driving privilege may be issued or granted
1324	to any such person. This paragraph applies only if at least one
1325	of the convictions for violation of s. 316.193 or former s.
1326	316.1931 was for a violation that occurred after July 1, 1982.
1327	For the purposes of this paragraph, a conviction for violation
1328	of former s. 316.028, former s. 316.1931, or former s. 860.01 is
1329	also considered a conviction for violation of s. 316.193. Also,
1330	a conviction of driving under the influence, driving while
1331	intoxicated, driving with an unlawful blood-alcohol level, or
1332	any other similar alcohol-related or drug-related traffic
1333	offense outside this state is considered a conviction for the
1334	purposes of this paragraph.
1335	Section 27.  For the purpose of incorporating the amendment
1336	to section 316.193, Florida Statutes, in references thereto,
1337	paragraph (a) of subsection (2) of section 322.282, Florida
1338	Statutes, is reenacted to read:
1339	322.282  Procedure when court revokes or suspends license
1340	or driving privilege and orders reinstatement.--When a court
1341	suspends or revokes a person's license or driving privilege and,
1342	in its discretion, orders reinstatement as provided by s.
1343	322.28(2)(d) or former s. 322.261(5):
1344	(2)(a)  The court shall issue an order of reinstatement, on
1345	a form to be furnished by the department, which the person may
1346	take to any driver's license examining office. The department
1347	shall issue a temporary driver's permit to a licensee who
1348	presents the court's order of reinstatement, proof of completion
1349	of a department-approved driver training or substance abuse
1350	education course, and a written request for a hearing under s.
1351	322.271. The permit shall not be issued if a record check by the
1352	department shows that the person has previously been convicted
1353	for a violation of s. 316.193, former s. 316.1931, former s.
1354	316.028, former s. 860.01, or a previous conviction outside this
1355	state for driving under the influence, driving while
1356	intoxicated, driving with an unlawful blood-alcohol level, or
1357	any similar alcohol-related or drug-related traffic offense;
1358	that the person's driving privilege has been previously
1359	suspended for refusal to submit to a lawful test of breath,
1360	blood, or urine; or that the person is otherwise not entitled to
1361	issuance of a driver's license. This paragraph shall not be
1362	construed to prevent the reinstatement of a license or driving
1363	privilege that is presently suspended for driving with an
1364	unlawful blood-alcohol level or a refusal to submit to a breath,
1365	urine, or blood test and is also revoked for a conviction for a
1366	violation of s. 316.193 or former s. 316.1931, if the suspension
1367	and revocation arise out of the same incident.
1368	Section 28.  For the purpose of incorporating the amendment
1369	to section 316.193, Florida Statutes, in a reference thereto,
1370	paragraph (a) of subsection (1) of section 322.291, Florida
1371	Statutes, is reenacted to read:
1372	322.291  Driver improvement schools or DUI programs;
1373	required in certain suspension and revocation cases.--Except as
1374	provided in s. 322.03(2), any person:
1375	(1)  Whose driving privilege has been revoked:
1376	(a)  Upon conviction for:
1377	1.  Driving, or being in actual physical control of, any
1378	vehicle while under the influence of alcoholic beverages, any
1379	chemical substance set forth in s. 877.111, or any substance
1380	controlled under chapter 893, in violation of s. 316.193;
1381	2.  Driving with an unlawful blood- or breath-alcohol
1382	level;
1383	3.  Manslaughter resulting from the operation of a motor
1384	vehicle;
1385	4.  Failure to stop and render aid as required under the
1386	laws of this state in the event of a motor vehicle crash
1387	resulting in the death or personal injury of another;
1388	5.  Reckless driving; or
1389
1390	shall, before the driving privilege may be reinstated, present
1391	to the department proof of enrollment in a department-approved
1392	advanced driver improvement course operating pursuant to s.
1393	318.1451 or a substance abuse education course conducted by a
1394	DUI program licensed pursuant to s. 322.292, which shall include
1395	a psychosocial evaluation and treatment, if referred. If the
1396	person fails to complete such course or evaluation within 90
1397	days after reinstatement, or subsequently fails to complete
1398	treatment, if referred, the DUI program shall notify the
1399	department of the failure. Upon receipt of the notice, the
1400	department shall cancel the offender's driving privilege,
1401	notwithstanding the expiration of the suspension or revocation
1402	of the driving privilege. The department may temporarily
1403	reinstate the driving privilege upon verification from the DUI
1404	program that the offender has completed the education course and
1405	evaluation requirement and has reentered and is currently
1406	participating in treatment. If the DUI program notifies the
1407	department of the second failure to complete treatment, the
1408	department shall reinstate the driving privilege only after
1409	notice of completion of treatment from the DUI program.
1410	Section 29.  For the purpose of incorporating the amendment
1411	to section 316.193, Florida Statutes, in a reference thereto,
1412	paragraph (a) of subsection (9) of section 322.34, Florida
1413	Statutes, is reenacted to read:
1414	322.34  Driving while license suspended, revoked, canceled,
1415	or disqualified.--
1416	(9)(a)  A motor vehicle that is driven by a person under
1417	the influence of alcohol or drugs in violation of s. 316.193 is
1418	subject to seizure and forfeiture under ss. 932.701-932.707 and
1419	is subject to liens for recovering, towing, or storing vehicles
1420	under s. 713.78 if, at the time of the offense, the person's
1421	driver's license is suspended, revoked, or canceled as a result
1422	of a prior conviction for driving under the influence.
1423	Section 30.  For the purpose of incorporating the amendment
1424	to section 316.193, Florida Statutes, in references thereto,
1425	section 322.44, Florida Statutes, is reenacted to read:
1426	322.44  Driver License Compact.--The Driver License Compact
1427	is hereby enacted into law and entered into with all other
1428	jurisdictions legally joining therein in the form substantially
1429	as follows:
1430
1431	ARTICLE I
1432
1433	FINDINGS AND DECLARATION OF POLICY.--
1434	(1)  The party states find that:
1435	(a)  The safety of their streets and highways is materially
1436	affected by the degree of compliance with state laws and local
1437	ordinances relating to the operation of motor vehicles;
1438	(b)  Violation of such a law or ordinance is evidence that
1439	the violator engages in conduct which is likely to endanger the
1440	safety of persons and property;
1441	(c)  The continuance in force of a license to drive is
1442	predicated upon compliance with laws and ordinances relating to
1443	the operation of motor vehicles, in whichever jurisdiction the
1444	vehicle is operated.
1445	(2)  It is the policy of each of the party states to:
1446	(a)  Promote compliance with the laws, ordinances, and
1447	administrative rules and regulations relating to the operation
1448	of motor vehicles by their operators in each of the
1449	jurisdictions where such operators drive motor vehicles;
1450	(b)  Make the reciprocal recognition of licenses to drive
1451	and eligibility therefor more just and equitable by considering
1452	the overall compliance with motor vehicle laws, ordinances, and
1453	administrative rules and regulations as a condition precedent to
1454	the continuance or issuance of any license by reason of which
1455	the licensee is authorized or permitted to operate a motor
1456	vehicle in any of the party states.
1457
1458	ARTICLE II
1459
1460	DEFINITIONS.--As used in this compact:
1461	(1)  "State" means a state, territory or possession of the
1462	United States, the District of Columbia, or the Commonwealth of
1463	Puerto Rico.
1464	(2)  "Home state" means the state which has issued and has
1465	the power to suspend or revoke the use of the license or permit
1466	to operate a motor vehicle.
1467	(3)  "Conviction" means a conviction of any offense related
1468	to the use or operation of a motor vehicle which is prohibited
1469	by state law, municipal ordinance, or administrative rule or
1470	regulation, or a forfeiture of bail, bond, or other security
1471	deposited to secure appearance by a person charged with having
1472	committed any such offense, and which conviction or forfeiture
1473	is required to be reported to the licensing authority.
1474
1475	ARTICLE III
1476
1477	REPORTS OF CONVICTION.--The licensing authority of a party
1478	state shall report each conviction of a person from another
1479	party state occurring within its jurisdiction to the licensing
1480	authority of the home state of the licensee. Such report shall
1481	clearly identify the person convicted; describe the violation
1482	specifying the section of the statute, code, or ordinance
1483	violated; identify the court in which action was taken; indicate
1484	whether a plea of guilty or not guilty was entered or the
1485	conviction was a result of the forfeiture of bail, bond, or
1486	other security; and shall include any special findings made in
1487	connection therewith.
1488
1489	ARTICLE IV
1490
1491	EFFECT OF CONVICTION.--
1492	(1)  The licensing authority in the home state, for the
1493	purposes of suspension, revocation, or limitation of the license
1494	to operate a motor vehicle, shall give the same effect to the
1495	conduct reported, pursuant to article III, as it would if such
1496	conduct had occurred in the home state, in the case of
1497	convictions for:
1498	(a)  Manslaughter or negligent homicide resulting from the
1499	operation of a motor vehicle, as provided by ss. 316.193 and
1500	322.26;
1501	(b)  Driving a motor vehicle while under the influence of
1502	alcoholic beverages or a narcotic drug, or under the influence
1503	of any other drug to a degree which renders the driver incapable
1504	of safely driving a motor vehicle, as provided by s. 316.193;
1505	(c)  Any felony in the commission of which a motor vehicle
1506	is used, as provided by s. 322.26; or
1507	(d)  Failure to stop and render aid in the event of a motor
1508	vehicle crash resulting in the death or personal injury of
1509	another, as provided by s. 322.26.
1510	(2)  As to other convictions, reported pursuant to article
1511	III, the licensing authority in the home state shall give such
1512	effect to the conduct as is provided by the laws of the home
1513	state.
1514
1515	ARTICLE V
1516
1517	APPLICATIONS FOR NEW LICENSES.--Upon application for a
1518	license to drive, the licensing authority in a party state shall
1519	ascertain whether the applicant has ever held, or is the holder
1520	of, a license to drive issued by any other party state. The
1521	licensing authority in the state where application is made shall
1522	not issue a license to drive to the applicant if:
1523	(1)  The applicant has held such a license, but the same
1524	has been suspended by reason, in whole or in part, of a
1525	violation and if such suspension period has not terminated.
1526	(2)  The applicant has held such a license, but the same
1527	has been revoked by reason, in whole or in part, of a violation
1528	and if such revocation has not terminated, except that after the
1529	expiration of 1 year from the date the license was revoked, such
1530	person may make application for a new license if permitted by
1531	law. The licensing authority may refuse to issue a license to
1532	any such applicant if, after investigation, the licensing
1533	authority determines that it will not be safe to grant to such
1534	person the privilege of driving a motor vehicle on the public
1535	highways.
1536	(3)  The applicant is the holder of a license to drive
1537	issued by another party state and currently in force unless the
1538	applicant surrenders such license.
1539
1540	ARTICLE VI
1541
1542	APPLICABILITY OF OTHER LAWS.--Except as expressly required
1543	by provisions of this compact, nothing contained herein shall be
1544	construed to affect the right of any party state to apply any of
1545	its other laws relating to licenses to drive to any person or
1546	circumstance, nor to invalidate or prevent any driver license
1547	agreement or other cooperative arrangement between a party state
1548	and a nonparty state.
1549
1550	ARTICLE VII
1551
1552	COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION.--
1553	(1)  The head of the licensing authority of each party
1554	state shall be the administrator of this compact for his or her
1555	state. The administrators, acting jointly, shall have the power
1556	to formulate all necessary and proper procedures for the
1557	exchange of information under this compact.
1558	(2)  The administrator of each party state shall furnish to
1559	the administrator of each other party state any information or
1560	documents reasonably necessary to facilitate the administration
1561	of this compact.
1562
1563	ARTICLE VIII
1564
1565	ENTRY INTO FORCE AND WITHDRAWAL.--
1566	(1)  This compact shall enter into force and become
1567	effective as to any state when it has enacted the same into law.
1568	(2)  Any party state may withdraw from this compact by
1569	enacting a statute repealing the same, but no such withdrawal
1570	shall take effect until 6 months after the executive head of the
1571	withdrawing state has given notice of the withdrawal to the
1572	executive heads of all other party states. No withdrawal shall
1573	affect the validity or applicability by the licensing
1574	authorities of states remaining party to the compact of any
1575	report of conviction occurring prior to the withdrawal.
1576
1577	ARTICLE IX
1578
1579	CONSTRUCTION AND SEVERABILITY.--This compact shall be
1580	liberally construed so as to effectuate the purposes thereof.
1581	The provisions of this compact shall be severable; and if any
1582	phrase, clause, sentence, or provision of this compact is
1583	declared to be contrary to the constitution of any party state
1584	or of the United States or the applicability thereof to any
1585	government, agency, person, or circumstance is held invalid, the
1586	validity of the remainder of this compact and the applicability
1587	thereof to any government, agency, person, or circumstance shall
1588	not be affected thereby. If this compact shall be held contrary
1589	to the constitution of any state party thereto, the compact
1590	shall remain in full force and effect as to the remaining states
1591	and in full force and effect as to the state affected as to all
1592	severable matters.
1593	Section 31.  For the purpose of incorporating the amendment
1594	to section 316.193, Florida Statutes, in a reference thereto,
1595	subsection (3) of section 322.62, Florida Statutes, is reenacted
1596	to read:
1597	322.62  Driving under the influence; commercial motor
1598	vehicle operators.--
1599	(3)  This section does not supersede s. 316.193. Nothing in
1600	this section prohibits the prosecution of a person who drives a
1601	commercial motor vehicle for driving under the influence of
1602	alcohol or controlled substances whether or not such person is
1603	also prosecuted for a violation of this section.
1604	Section 32.  For the purpose of incorporating the amendment
1605	to section 316.193, Florida Statutes, in references thereto,
1606	paragraph (d) of subsection (2) and subsection (6) of section
1607	322.63, Florida Statutes, are reenacted to read:
1608	322.63  Alcohol or drug testing; commercial motor vehicle
1609	operators.--
1610	(2)  The chemical and physical tests authorized by this
1611	section shall only be required if a law enforcement officer has
1612	reasonable cause to believe that a person driving a commercial
1613	motor vehicle has any alcohol, chemical substance, or controlled
1614	substance in his or her body.
1615	(d)  The administration of one test under paragraph (a),
1616	paragraph (b), or paragraph (c) shall not preclude the
1617	administration of a different test under paragraph (a),
1618	paragraph (b), or paragraph (c). However, a urine test may not
1619	be used to determine alcohol concentration and a breath test may
1620	not be used to determine the presence of controlled substances
1621	or chemical substances in a person's body. Notwithstanding the
1622	provisions of this paragraph, in the event a Florida licensee
1623	has been convicted in another state for an offense substantially
1624	similar to s. 316.193 or to s. 322.62, which conviction was
1625	based upon evidence of test results prohibited by this
1626	paragraph, that out-of-state conviction shall constitute a
1627	conviction for the purposes of this chapter.
1628	(6)  Notwithstanding any provision of law pertaining to the
1629	confidentiality of hospital records or other medical records,
1630	information relating to the alcohol content of a person's blood
1631	or the presence of chemical substances or controlled substances
1632	in a person's blood obtained pursuant to this section shall be
1633	released to a court, prosecuting attorney, defense attorney, or
1634	law enforcement officer in connection with an alleged violation
1635	of s. 316.193 or s. 322.62 upon request for such information.
1636	Section 33.  For the purpose of incorporating the amendment
1637	to section 316.193, Florida Statutes, in references thereto,
1638	subsections (1) and (2), paragraph (a) of subsection (7),
1639	paragraph (b) of subsection (8), and subsections (14) and (15)
1640	of section 322.64, Florida Statutes, are reenacted to read:
1641	322.64  Holder of commercial driver's license; driving with
1642	unlawful blood-alcohol level; refusal to submit to breath,
1643	urine, or blood test.--
1644	(1)(a)  A law enforcement officer or correctional officer
1645	shall, on behalf of the department, disqualify from operating
1646	any commercial motor vehicle a person who while operating or in
1647	actual physical control of a commercial motor vehicle is
1648	arrested for a violation of s. 316.193, relating to unlawful
1649	blood-alcohol level or breath-alcohol level, or a person who has
1650	refused to submit to a breath, urine, or blood test authorized
1651	by s. 322.63 arising out of the operation or actual physical
1652	control of a commercial motor vehicle. Upon disqualification of
1653	the person, the officer shall take the person's driver's license
1654	and issue the person a 10-day temporary permit if the person is
1655	otherwise eligible for the driving privilege and shall issue the
1656	person a notice of disqualification. If the person has been
1657	given a blood, breath, or urine test, the results of which are
1658	not available to the officer at the time of the arrest, the
1659	agency employing the officer shall transmit such results to the
1660	department within 5 days after receipt of the results. If the
1661	department then determines that the person was arrested for a
1662	violation of s. 316.193 and that the person had a blood-alcohol
1663	level or breath-alcohol level of 0.08 or higher, the department
1664	shall disqualify the person from operating a commercial motor
1665	vehicle pursuant to subsection (3).
1666	(b)  The disqualification under paragraph (a) shall be
1667	pursuant to, and the notice of disqualification shall inform the
1668	driver of, the following:
1669	1.a.  The driver refused to submit to a lawful breath,
1670	blood, or urine test and he or she is disqualified from
1671	operating a commercial motor vehicle for a period of 1 year, for
1672	a first refusal, or permanently, if he or she has previously
1673	been disqualified as a result of a refusal to submit to such a
1674	test; or
1675	b.  The driver violated s. 316.193 by driving with an
1676	unlawful blood-alcohol level and he or she is disqualified from
1677	operating a commercial motor vehicle for a period of 6 months
1678	for a first offense or for a period of 1 year if he or she has
1679	previously been disqualified, or his or her driving privilege
1680	has been previously suspended, for a violation of s. 316.193.
1681	2.  The disqualification period shall commence on the date
1682	of arrest or issuance of notice of disqualification, whichever
1683	is later.
1684	3.  The driver may request a formal or informal review of
1685	the disqualification by the department within 10 days after the
1686	date of arrest or issuance of notice of disqualification,
1687	whichever is later.
1688	4.  The temporary permit issued at the time of arrest or
1689	disqualification will expire at midnight of the 10th day
1690	following the date of disqualification.
1691	5.  The driver may submit to the department any materials
1692	relevant to the arrest.
1693	(2)  Except as provided in paragraph (1)(a), the law
1694	enforcement officer shall forward to the department, within 5
1695	days after the date of the arrest or the issuance of the notice
1696	of disqualification, whichever is later, a copy of the notice of
1697	disqualification, the driver's license of the person arrested,
1698	and a report of the arrest, including, if applicable, an
1699	affidavit stating the officer's grounds for belief that the
1700	person arrested was in violation of s. 316.193; the results of
1701	any breath or blood test or an affidavit stating that a breath,
1702	blood, or urine test was requested by a law enforcement officer
1703	or correctional officer and that the person arrested refused to
1704	submit; a copy of the citation issued to the person arrested;
1705	and the officer's description of the person's field sobriety
1706	test, if any. The failure of the officer to submit materials
1707	within the 5-day period specified in this subsection or
1708	subsection (1) shall not affect the department's ability to
1709	consider any evidence submitted at or prior to the hearing. The
1710	officer may also submit a copy of a videotape of the field
1711	sobriety test or the attempt to administer such test.
1712	(7)  In a formal review hearing under subsection (6) or an
1713	informal review hearing under subsection (4), the hearing
1714	officer shall determine by a preponderance of the evidence
1715	whether sufficient cause exists to sustain, amend, or invalidate
1716	the disqualification. The scope of the review shall be limited
1717	to the following issues:
1718	(a)  If the person was disqualified from operating a
1719	commercial motor vehicle for driving with an unlawful blood-
1720	alcohol level in violation of s. 316.193:
1721	1.  Whether the arresting law enforcement officer had
1722	probable cause to believe that the person was driving or in
1723	actual physical control of a commercial motor vehicle in this
1724	state while he or she had any alcohol, chemical substances, or
1725	controlled substances in his or her body.
1726	2.  Whether the person was placed under lawful arrest for a
1727	violation of s. 316.193.
1728	3.  Whether the person had an unlawful blood-alcohol level
1729	as provided in s. 316.193.
1730	(8)  Based on the determination of the hearing officer
1731	pursuant to subsection (7) for both informal hearings under
1732	subsection (4) and formal hearings under subsection (6), the
1733	department shall:
1734	(b)  Sustain the disqualification for a period of 6 months
1735	for a violation of s. 316.193 or for a period of 1 year if the
1736	person has been previously disqualified from operating a
1737	commercial motor vehicle or his or her driving privilege has
1738	been previously suspended as a result of a violation of s.
1739	316.193. The disqualification period commences on the date of
1740	the arrest or issuance of the notice of disqualification,
1741	whichever is later.
1742	(14)  The decision of the department under this section
1743	shall not be considered in any trial for a violation of s.
1744	316.193, s. 322.61, or s. 322.62, nor shall any written
1745	statement submitted by a person in his or her request for
1746	departmental review under this section be admissible into
1747	evidence against him or her in any such trial. The disposition
1748	of any related criminal proceedings shall not affect a
1749	disqualification imposed pursuant to this section.
1750	(15)  This section does not preclude the suspension of the
1751	driving privilege pursuant to s. 322.2615. The driving privilege
1752	of a person who has been disqualified from operating a
1753	commercial motor vehicle also may be suspended for a violation
1754	of s. 316.193.
1755	Section 34.  For the purpose of incorporating the amendment
1756	to section 316.193, Florida Statutes, in a reference thereto,
1757	paragraph (f) of subsection (4) of section 323.001, Florida
1758	Statutes, is reenacted to read:
1759	323.001  Wrecker operator storage facilities; vehicle
1760	holds.--
1761	(4)  The requirements for a written hold apply when the
1762	following conditions are present:
1763	(f)  The vehicle is impounded or immobilized pursuant to s.
1764	316.193 or s. 322.34; or
1765	Section 35.  For the purpose of incorporating the amendment
1766	to section 316.193, Florida Statutes, in a reference thereto,
1767	subsection (6) of section 327.35, Florida Statutes, is reenacted
1768	to read:
1769	327.35  Boating under the influence; penalties; "designated
1770	drivers".--
1771	(6)  With respect to any person convicted of a violation of
1772	subsection (1), regardless of any other penalty imposed:
1773	(a)  For the first conviction, the court shall place the
1774	defendant on probation for a period not to exceed 1 year and, as
1775	a condition of such probation, shall order the defendant to
1776	participate in public service or a community work project for a
1777	minimum of 50 hours. The court must also, as a condition of
1778	probation, order the impoundment or immobilization of the vessel
1779	that was operated by or in the actual control of the defendant
1780	or any one vehicle registered in the defendant's name at the
1781	time of impoundment or immobilization, for a period of 10 days
1782	or for the unexpired term of any lease or rental agreement that
1783	expires within 10 days. The impoundment or immobilization must
1784	not occur concurrently with the incarceration of the defendant.
1785	The impoundment or immobilization order may be dismissed in
1786	accordance with paragraph (e) or paragraph (f). The total period
1787	of probation and incarceration may not exceed 1 year.
1788	(b)  For the second conviction for an offense that occurs
1789	within a period of 5 years after the date of a prior conviction
1790	for violation of this section, the court shall order
1791	imprisonment for not less than 10 days. The court must also, as
1792	a condition of probation, order the impoundment or
1793	immobilization of the vessel that was operated by or in the
1794	actual control of the defendant or any one vehicle registered in
1795	the defendant's name at the time of impoundment or
1796	immobilization, for a period of 30 days or for the unexpired
1797	term of any lease or rental agreement that expires within 30
1798	days. The impoundment or immobilization must not occur
1799	concurrently with the incarceration of the defendant. The
1800	impoundment or immobilization order may be dismissed in
1801	accordance with paragraph (e) or paragraph (f). At least 48
1802	hours of confinement must be consecutive.
1803	(c)  For the third or subsequent conviction for an offense
1804	that occurs within a period of 10 years after the date of a
1805	prior conviction for violation of this section, the court shall
1806	order imprisonment for not less than 30 days. The court must
1807	also, as a condition of probation, order the impoundment or
1808	immobilization of the vessel that was operated by or in the
1809	actual control of the defendant or any one vehicle registered in
1810	the defendant's name at the time of impoundment or
1811	immobilization, for a period of 90 days or for the unexpired
1812	term of any lease or rental agreement that expires within 90
1813	days. The impoundment or immobilization must not occur
1814	concurrently with the incarceration of the defendant. The
1815	impoundment or immobilization order may be dismissed in
1816	accordance with paragraph (e) or paragraph (f). At least 48
1817	hours of confinement must be consecutive.
1818	(d)  The court must at the time of sentencing the defendant
1819	issue an order for the impoundment or immobilization of a
1820	vessel. Within 7 business days after the date that the court
1821	issues the order of impoundment, and once again 30 business days
1822	before the actual impoundment or immobilization of the vessel,
1823	the clerk of the court must send notice by certified mail,
1824	return receipt requested, to the registered owner of each
1825	vessel, if the registered owner is a person other than the
1826	defendant, and to each person of record claiming a lien against
1827	the vessel.
1828	(e)  A person who owns but was not operating the vessel
1829	when the offense occurred may submit to the court a police
1830	report indicating that the vessel was stolen at the time of the
1831	offense or documentation of having purchased the vessel after
1832	the offense was committed from an entity other than the
1833	defendant or the defendant's agent. If the court finds that the
1834	vessel was stolen or that the sale was not made to circumvent
1835	the order and allow the defendant continued access to the
1836	vessel, the order must be dismissed and the owner of the vessel
1837	will incur no costs. If the court denies the request to dismiss
1838	the order of impoundment or immobilization, the petitioner may
1839	request an evidentiary hearing.
1840	(f)  A person who owns but was not operating the vessel
1841	when the offense occurred, and whose vessel was stolen or who
1842	purchased the vessel after the offense was committed directly
1843	from the defendant or the defendant's agent, may request an
1844	evidentiary hearing to determine whether the impoundment or
1845	immobilization should occur. If the court finds that either the
1846	vessel was stolen or the purchase was made without knowledge of
1847	the offense, that the purchaser had no relationship to the
1848	defendant other than through the transaction, and that such
1849	purchase would not circumvent the order and allow the defendant
1850	continued access to the vessel, the order must be dismissed and
1851	the owner of the vessel will incur no costs.
1852	(g)  All costs and fees for the impoundment or
1853	immobilization, including the cost of notification, must be paid
1854	by the owner of the vessel or, if the vessel is leased or
1855	rented, by the person leasing or renting the vessel, unless the
1856	impoundment or immobilization order is dismissed.
1857	(h)  The person who owns a vessel that is impounded or
1858	immobilized under this paragraph, or a person who has a lien of
1859	record against such a vessel and who has not requested a review
1860	of the impoundment pursuant to paragraph (e) or paragraph (f),
1861	may, within 10 days after the date that person has knowledge of
1862	the location of the vessel, file a complaint in the county in
1863	which the owner resides to determine whether the vessel was
1864	wrongfully taken or withheld from the owner or lienholder. Upon
1865	the filing of a complaint, the owner or lienholder may have the
1866	vessel released by posting with the court a bond or other
1867	adequate security equal to the amount of the costs and fees for
1868	impoundment or immobilization, including towing or storage, to
1869	ensure the payment of the costs and fees if the owner or
1870	lienholder does not prevail. When the bond is posted and the fee
1871	is paid as set forth in s. 28.24, the clerk of the court shall
1872	issue a certificate releasing the vessel. At the time of
1873	release, after reasonable inspection, the owner or lienholder
1874	must give a receipt to the towing or storage company indicating
1875	any loss or damage to the vessel or to the contents of the
1876	vessel.
1877	(i)  A defendant, in the court's discretion, may be
1878	required to serve all or any portion of a term of imprisonment
1879	to which the defendant has been sentenced pursuant to this
1880	section in a residential alcoholism treatment program or a
1881	residential drug abuse treatment program. Any time spent in such
1882	a program must be credited by the court toward the term of
1883	imprisonment.
1884
1885	For the purposes of this section, any conviction for a violation
1886	of s. 316.193, a previous conviction for the violation of former
1887	s. 316.1931, former s. 860.01, or former s. 316.028, or a
1888	previous conviction outside this state for driving under the
1889	influence, driving while intoxicated, driving with an unlawful
1890	blood-alcohol level, driving with an unlawful breath-alcohol
1891	level, or any other similar alcohol-related or drug-related
1892	traffic offense, is also considered a previous conviction for
1893	violation of this section.
1894	Section 36.  For the purpose of incorporating the amendment
1895	to section 316.193, Florida Statutes, in a reference thereto,
1896	subsection (10) of section 397.405, Florida Statutes, is
1897	reenacted to read:
1898	397.405  Exemptions from licensure.--The following are
1899	exempt from the licensing provisions of this chapter:
1900	(10)  DUI education and screening services provided
1901	pursuant to ss. 316.192, 316.193, 322.095, 322.271, and 322.291.
1902	Persons or entities providing treatment services must be
1903	licensed under this chapter unless exempted from licensing as
1904	provided in this section.
1905
1906	The exemptions from licensure in this section do not apply to
1907	any service provider that receives an appropriation, grant, or
1908	contract from the state to operate as a service provider as
1909	defined in this chapter or to any substance abuse program
1910	regulated pursuant to s. 397.406. Furthermore, this chapter may
1911	not be construed to limit the practice of a physician licensed
1912	under chapter 458 or chapter 459, a psychologist licensed under
1913	chapter 490, or a psychotherapist licensed under chapter 491 who
1914	provides substance abuse treatment, so long as the physician,
1915	psychologist, or psychotherapist does not represent to the
1916	public that he or she is a licensed service provider and does
1917	not provide services to clients pursuant to part V of this
1918	chapter. Failure to comply with any requirement necessary to
1919	maintain an exempt status under this section is a misdemeanor of
1920	the first degree, punishable as provided in s. 775.082 or s.
1921	775.083.
1922	Section 37.  For the purpose of incorporating the amendment
1923	to section 316.193, Florida Statutes, in a reference thereto,
1924	paragraph (c) of subsection (17) of section 440.02, Florida
1925	Statutes, is reenacted to read:
1926	440.02  Definitions.--When used in this chapter, unless the
1927	context clearly requires otherwise, the following terms shall
1928	have the following meanings:
1929	(17)
1930	(c)  "Employment" does not include service performed by or
1931	as:
1932	1.  Domestic servants in private homes.
1933	2.  Agricultural labor performed on a farm in the employ of
1934	a bona fide farmer, or association of farmers, that employs 5 or
1935	fewer regular employees and that employs fewer than 12 other
1936	employees at one time for seasonal agricultural labor that is
1937	completed in less than 30 days, provided such seasonal
1938	employment does not exceed 45 days in the same calendar year.
1939	The term "farm" includes stock, dairy, poultry, fruit, fur-
1940	bearing animals, fish, and truck farms, ranches, nurseries, and
1941	orchards. The term "agricultural labor" includes field foremen,
1942	timekeepers, checkers, and other farm labor supervisory
1943	personnel.
1944	3.  Professional athletes, such as professional boxers,
1945	wrestlers, baseball, football, basketball, hockey, polo, tennis,
1946	jai alai, and similar players, and motorsports teams competing
1947	in a motor racing event as defined in s. 549.08.
1948	4.  Labor under a sentence of a court to perform community
1949	services as provided in s. 316.193.
1950	5.  State prisoners or county inmates, except those
1951	performing services for private employers or those enumerated in
1952	s. 948.03(8)(a).
1953	Section 38.  For the purpose of incorporating the amendment
1954	to section 316.193, Florida Statutes, in a reference thereto,
1955	paragraph (b) of subsection (7) of section 440.09, Florida
1956	Statutes, is reenacted to read:
1957	440.09  Coverage.--
1958	(7)
1959	(b)  If the employee has, at the time of the injury, a
1960	blood alcohol level equal to or greater than the level specified
1961	in s. 316.193, or if the employee has a positive confirmation of
1962	a drug as defined in this act, it is presumed that the injury
1963	was occasioned primarily by the intoxication of, or by the
1964	influence of the drug upon, the employee. If the employer has
1965	implemented a drug-free workplace, this presumption may be
1966	rebutted only by evidence that there is no reasonable hypothesis
1967	that the intoxication or drug influence contributed to the
1968	injury. In the absence of a drug-free workplace program, this
1969	presumption may be rebutted by clear and convincing evidence
1970	that the intoxication or influence of the drug did not
1971	contribute to the injury. Percent by weight of alcohol in the
1972	blood must be based upon grams of alcohol per 100 milliliters of
1973	blood. If the results are positive, the testing facility must
1974	maintain the specimen for a minimum of 90 days. Blood serum may
1975	be used for testing purposes under this chapter; however, if
1976	this test is used, the presumptions under this section do not
1977	arise unless the blood alcohol level is proved to be medically
1978	and scientifically equivalent to or greater than the comparable
1979	blood alcohol level that would have been obtained if the test
1980	were based on percent by weight of alcohol in the blood.
1981	However, if, before the accident, the employer had actual
1982	knowledge of and expressly acquiesced in the employee's presence
1983	at the workplace while under the influence of such alcohol or
1984	drug, the presumptions specified in this subsection do not
1985	apply.
1986	Section 39.  For the purpose of incorporating the amendment
1987	to section 316.193, Florida Statutes, in a reference thereto,
1988	paragraph (d) of subsection (1) of section 493.6106, Florida
1989	Statutes, is reenacted to read:
1990	493.6106  License requirements; posting.--
1991	(1)  Each individual licensed by the department must:
1992	(d)  Not be a chronic and habitual user of alcoholic
1993	beverages to the extent that her or his normal faculties are
1994	impaired; not have been committed under chapter 397, former
1995	chapter 396, or a similar law in any other state; not have been
1996	found to be a habitual offender under s. 856.011(3) or a similar
1997	law in any other state; and not have had two or more convictions
1998	under s. 316.193 or a similar law in any other state within the
1999	3-year period immediately preceding the date the application was
2000	filed, unless the individual establishes that she or he is not
2001	currently impaired and has successfully completed a
2002	rehabilitation course.
2003	Section 40.  For the purpose of incorporating the amendment
2004	to section 316.193, Florida Statutes, in a reference thereto,
2005	subsection (4) of section 627.758, Florida Statutes, is
2006	reenacted to read:
2007	627.758  Surety on auto club traffic arrest bond;
2008	conditions, limit; bail bond.--
2009	(4)  Notwithstanding the provisions of s. 626.311 or
2010	chapter 648, any surety insurer identified in a guaranteed
2011	traffic arrest bond certificate or any licensed general lines
2012	agent of the surety insurer may execute a bail bond for the
2013	automobile club or association member identified in the
2014	guaranteed traffic arrest bond certificate in an amount not in
2015	excess of $5,000 for any violation of chapter 316 or any similar
2016	traffic law or ordinance except for driving under the influence
2017	of alcoholic beverages, chemical substances, or controlled
2018	substances, as prohibited by s. 316.193.
2019	Section 41.  For the purpose of incorporating the amendment
2020	to section 316.193, Florida Statutes, in references thereto,
2021	paragraph (f) of subsection (2) and paragraph (f) of subsection
2022	(10) of section 790.06, Florida Statutes, are reenacted to read:
2023	790.06  License to carry concealed weapon or firearm.--
2024	(2)  The Department of Agriculture and Consumer Services
2025	shall issue a license if the applicant:
2026	(f)  Does not chronically and habitually use alcoholic
2027	beverages or other substances to the extent that his or her
2028	normal faculties are impaired. It shall be presumed that an
2029	applicant chronically and habitually uses alcoholic beverages or
2030	other substances to the extent that his or her normal faculties
2031	are impaired if the applicant has been committed under chapter
2032	397 or under the provisions of former chapter 396 or has been
2033	convicted under s. 790.151 or has been deemed a habitual
2034	offender under s. 856.011(3), or has had two or more convictions
2035	under s. 316.193 or similar laws of any other state, within the
2036	3-year period immediately preceding the date on which the
2037	application is submitted;
2038	(10)  A license issued under this section shall be
2039	suspended or revoked pursuant to chapter 120 if the licensee:
2040	(f)  Is convicted of a second violation of s. 316.193, or a
2041	similar law of another state, within 3 years of a previous
2042	conviction of such section, or similar law of another state,
2043	even though the first violation may have occurred prior to the
2044	date on which the application was submitted;
2045	Section 42.  For the purpose of incorporating the amendment
2046	to section 316.193, Florida Statutes, in a reference thereto,
2047	subsection (2) of section 903.36, Florida Statutes, is reenacted
2048	to read:
2049	903.36  Guaranteed arrest bond certificates as cash bail.--
2050	(2)  The execution of a bail bond by a licensed general
2051	lines agent of a surety insurer for the automobile club or
2052	association member identified in the guaranteed traffic arrest
2053	bond certificate, as provided in s. 627.758(4), shall be
2054	accepted as bail in an amount not to exceed $5,000 for the
2055	appearance of the person named in the certificate in any court
2056	to answer for the violation of a provision of chapter 316 or a
2057	similar traffic law or ordinance, except driving under the
2058	influence of alcoholic beverages, chemical substances, or
2059	controlled substances, as prohibited by s. 316.193. Presentation
2060	of the guaranteed traffic arrest bond certificate and a power of
2061	attorney from the surety insurer for its licensed general lines
2062	agents is authorization for such agent to execute the bail bond.
2063	Section 43.  For the purpose of incorporating the amendment
2064	to section 316.193, Florida Statutes, in references thereto,
2065	paragraph (c) of subsection (4) of section 907.041, Florida
2066	Statutes, is reenacted to read:
2067	907.041  Pretrial detention and release.--
2068	(4)  PRETRIAL DETENTION.--
2069	(c)  The court may order pretrial detention if it finds a
2070	substantial probability, based on a defendant's past and present
2071	patterns of behavior, the criteria in s. 903.046, and any other
2072	relevant facts, that any of the following circumstances exists:
2073	1.  The defendant has previously violated conditions of
2074	release and that no further conditions of release are reasonably
2075	likely to assure the defendant's appearance at subsequent
2076	proceedings;
2077	2.  The defendant, with the intent to obstruct the judicial
2078	process, has threatened, intimidated, or injured any victim,
2079	potential witness, juror, or judicial officer, or has attempted
2080	or conspired to do so, and that no condition of release will
2081	reasonably prevent the obstruction of the judicial process;
2082	3.  The defendant is charged with trafficking in controlled
2083	substances as defined by s. 893.135, that there is a substantial
2084	probability that the defendant has committed the offense, and
2085	that no conditions of release will reasonably assure the
2086	defendant's appearance at subsequent criminal proceedings; or
2087	4.  The defendant is charged with DUI manslaughter, as
2088	defined by s. 316.193, and that there is a substantial
2089	probability that the defendant committed the crime and that the
2090	defendant poses a threat of harm to the community; conditions
2091	that would support a finding by the court pursuant to this
2092	subparagraph that the defendant poses a threat of harm to the
2093	community include, but are not limited to, any of the following:
2094	a.  The defendant has previously been convicted of any
2095	crime under s. 316.193, or of any crime in any other state or
2096	territory of the United States that is substantially similar to
2097	any crime under s. 316.193;
2098	b.  The defendant was driving with a suspended driver's
2099	license when the charged crime was committed; or
2100	c.  The defendant has previously been found guilty of, or
2101	has had adjudication of guilt withheld for, driving while the
2102	defendant's driver's license was suspended or revoked in
2103	violation of s. 322.34;
2104	5.  The defendant poses the threat of harm to the
2105	community. The court may so conclude, if it finds that the
2106	defendant is presently charged with a dangerous crime, that
2107	there is a substantial probability that the defendant committed
2108	such crime, that the factual circumstances of the crime indicate
2109	a disregard for the safety of the community, and that there are
2110	no conditions of release reasonably sufficient to protect the
2111	community from the risk of physical harm to persons.
2112	6.  The defendant was on probation, parole, or other
2113	release pending completion of sentence or on pretrial release
2114	for a dangerous crime at the time the current offense was
2115	committed; or
2116	7.  The defendant has violated one or more conditions of
2117	pretrial release or bond for the offense currently before the
2118	court and the violation, in the discretion of the court,
2119	supports a finding that no conditions of release can reasonably
2120	protect the community from risk of physical harm to persons or
2121	assure the presence of the accused at trial.
2122	Section 44.  For the purpose of incorporating the
2123	amendments to sections 316.193 and 327.35, Florida Statutes, in
2124	references thereto, section 938.07, Florida Statutes, is
2125	reenacted to read:
2126	938.07  Driving or boating under the
2127	influence.--Notwithstanding any other provision of s. 316.193 or
2128	Notwithstanding any other provision of s. 316.193 or s. 327.35,
2129	a court cost of $135 shall be added to any fine imposed pursuant
2130	to s. 316.193 or s. 327.35. The clerks shall remit the funds to
2131	the Department of Revenue, $25 of which shall be deposited in
2132	the Emergency Medical Services Trust Fund, $50 shall be
2133	deposited in the Criminal Justice Standards and Training Trust
2134	Fund of the Department of Law Enforcement to be used for
2135	operational expenses in conducting the statewide criminal
2136	analysis laboratory system established in s. 943.32, and $60
2137	shall be deposited in the Brain and Spinal Cord Injury
2138	Rehabilitation Trust Fund created in s. 381.79.
2139	Section 45.  For the purpose of incorporating the amendment
2140	to section 316.193, Florida Statutes, in a reference thereto,
2141	section 938.21, Florida Statutes, is reenacted to read:
2142	938.21  Alcohol and drug abuse programs.--Notwithstanding
2143	any provision to the contrary of the laws of this state, the
2144	court may assess for alcohol and other drug abuse programs as
2145	provided in s. 893.165 any defendant who pleads guilty or nolo
2146	contendere to, or is convicted of, a violation of any provision
2147	of chapter 893 or which involves a criminal violation of s.
2148	316.193, s. 856.011, s. 856.015, or chapter 562, chapter 567, or
2149	chapter 568, in addition to any fine and other penalty provided
2150	by law, a court cost in an amount up to the amount of the fine
2151	authorized for the violation. The court is authorized to order a
2152	defendant to pay an additional assessment if it finds that the
2153	defendant has the ability to pay the fine and the additional
2154	assessment and will not be prevented thereby from being
2155	rehabilitated or from making restitution.
2156	Section 46.  For the purpose of incorporating the amendment
2157	to section 316.193, Florida Statutes, in a reference thereto,
2158	subsection (1) of section 938.23, Florida Statutes, is reenacted
2159	to read:
2160	938.23  Assistance grants for alcohol and other drug abuse
2161	programs.--
2162	(1)  In addition to any fine imposed by law for any
2163	criminal offense under chapter 893 or for any criminal violation
2164	of s. 316.193, s. 856.011, s. 856.015, or chapter 562, chapter
2165	567, or chapter 568, the court shall be authorized, pursuant to
2166	the requirements of s. 938.21, to impose an additional
2167	assessment in an amount up to the amount of the fine authorized
2168	for the offense. Such additional assessments shall be deposited
2169	for the purpose of providing assistance grants to drug abuse
2170	treatment or alcohol treatment or education programs as provided
2171	in s. 893.165.
2172	Section 47.  For the purpose of incorporating the amendment
2173	to section 316.193, Florida Statutes, in references thereto,
2174	paragraph (d) of subsection (2) of section 943.05, Florida
2175	Statutes, is reenacted to read:
2176	943.05  Criminal Justice Information Program; duties; crime
2177	reports.--
2178	(2)  The program shall:
2179	(d)  Adopt rules to effectively and efficiently implement,
2180	administer, manage, maintain, and use the automated fingerprint
2181	identification system and uniform offense reports and arrest
2182	reports. The rules shall be considered minimum requirements and
2183	shall not preclude a criminal justice agency from implementing
2184	its own enhancements. However, rules and forms prescribing
2185	uniform arrest or probable cause affidavits and alcohol
2186	influence reports to be used by all law enforcement agencies in
2187	making DUI arrests under s. 316.193 shall be adopted, and shall
2188	be used by all law enforcement agencies in this state. The rules
2189	and forms prescribing such uniform affidavits and reports shall
2190	be adopted and implemented by July 1, 2004. Failure to use these
2191	uniform affidavits and reports, however, shall not prohibit
2192	prosecution under s. 316.193.
2193	Section 48.  For the purpose of incorporating the amendment
2194	to section 316.193, Florida Statutes, in a reference thereto,
2195	paragraph (b) of subsection (8) of section 948.03, Florida
2196	Statutes, is reenacted to read:
2197	948.03  Terms and conditions of probation or community
2198	control.--
2199	(8)
2200	(b)  In determining the average weekly wage, unless
2201	otherwise determined by a specific funding program, all
2202	remuneration received from the employer shall be considered a
2203	gratuity, and the offender shall not be entitled to any benefits
2204	otherwise payable under s. 440.15, regardless of whether the
2205	offender may be receiving wages and remuneration from other
2206	employment with another employer and regardless of his or her
2207	future wage-earning capacity. The provisions of this subsection
2208	do not apply to any person performing labor under a sentence of
2209	a court to perform community services as provided in s. 316.193.
2210	Section 49.  For the purpose of incorporating the amendment
2211	to section 316.193, Florida Statutes, in a reference thereto,
2212	paragraph (b) of subsection (3) of section 960.03, Florida
2213	Statutes, is reenacted to read:
2214	960.03  Definitions; ss. 960.01-960.28.--As used in ss.
2215	960.01-960.28, unless the context otherwise requires, the term:
2216	(3)  "Crime" means:
2217	(b)  A violation of s. 316.193, s. 316.027(1), s.
2218	327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results in
2219	physical injury or death; however, no other act involving the
2220	operation of a motor vehicle, boat, or aircraft which results in
2221	injury or death shall constitute a crime for the purpose of this
2222	chapter unless the injury or death was intentionally inflicted
2223	through the use of such vehicle, boat, or aircraft or unless
2224	such vehicle, boat, or aircraft is an implement of a crime to
2225	which this act applies.
2226	Section 50.  For the purpose of incorporating the amendment
2227	to section 327.35, Florida Statutes, in a reference thereto,
2228	subsection (3) of section 327.352, Florida Statutes, is
2229	reenacted to read:
2230	327.352  Tests for alcohol, chemical substances, or
2231	controlled substances; implied consent; refusal.--
2232	(3)  Notwithstanding any provision of law pertaining to the
2233	confidentiality of hospital records or other medical records,
2234	information relating to the alcoholic content of the blood or
2235	breath or the presence of chemical substances or controlled
2236	substances in the blood obtained pursuant to this section shall
2237	be released to a court, prosecuting attorney, defense attorney,
2238	or law enforcement officer in connection with an alleged
2239	violation of s. 327.35 upon request for such information.
2240	Section 51.  For the purpose of incorporating the amendment
2241	to section 327.35, Florida Statutes, in references thereto,
2242	subsections (1) and (2) of section 327.35215, Florida Statutes,
2243	are reenacted to read:
2244	327.35215  Penalty for failure to submit to test.--
2245	(1)  A person who is lawfully arrested for an alleged
2246	violation of s. 327.35 and who refuses to submit to a blood
2247	test, breath test, or urine test pursuant to s. 327.352 is
2248	subject to a civil penalty of $500.
2249	(2)  When a person refuses to submit to a blood test,
2250	breath test, or urine test pursuant to s. 327.352, a law
2251	enforcement officer who is authorized to make arrests for
2252	violations of this chapter shall file with the clerk of the
2253	court, on a form provided by the department, a certified
2254	statement that probable cause existed to arrest the person for a
2255	violation of s. 327.35 and that the person refused to submit to
2256	a test as required by s. 327.352. Along with the statement, the
2257	officer must also submit a sworn statement on a form provided by
2258	the department that the person has been advised of both the
2259	penalties for failure to submit to the blood, breath, or urine
2260	test and the procedure for requesting a hearing.
2261	Section 52.  For the purpose of incorporating the amendment
2262	to section 327.35, Florida Statutes, in a reference thereto,
2263	subsection (4) of section 327.353, Florida Statutes, is
2264	reenacted to read:
2265	327.353  Blood test for impairment or intoxication in cases
2266	of death or serious bodily injury; right to use reasonable
2267	force.--
2268	(4)  Notwithstanding any provision of law pertaining to the
2269	confidentiality of hospital records or other medical records,
2270	information relating to the alcoholic content of the blood or
2271	the presence of chemical substances or controlled substances in
2272	the blood obtained pursuant to this section shall be released to
2273	a court, prosecuting attorney, defense attorney, or law
2274	enforcement officer in connection with an alleged violation of
2275	s. 327.35 upon request for such information.
2276	Section 53.  For the purpose of incorporating the amendment
2277	to section 327.35, Florida Statutes, in references thereto,
2278	subsections (1) and (4) of section 327.354, Florida Statutes,
2279	are reenacted to read:
2280	327.354  Presumption of impairment; testing methods.--
2281	(1)  It is unlawful and punishable as provided in s. 327.35
2282	for any person who is under the influence of alcoholic beverages
2283	or controlled substances, when affected to the extent that the
2284	person's normal faculties are impaired or to the extent that the
2285	person is deprived of full possession of normal faculties, to
2286	operate any vessel within this state. Such normal faculties
2287	include, but are not limited to, the ability to see, hear, walk,
2288	talk, judge distances, drive an automobile, make judgments, act
2289	in emergencies, and, in general, normally perform the many
2290	mental and physical acts of daily life.
2291	(4)  Any person charged with a violation of s. 327.35 is
2292	entitled to trial by jury according to the Florida Rules of
2293	Criminal Procedure.
2294	Section 54.  For the purpose of incorporating the amendment
2295	to section 327.35, Florida Statutes, in references thereto,
2296	paragraph (a) of subsection (1) and subsection (4) of section
2297	327.355, Florida Statutes, are reenacted to read:
2298	327.355  Operation of vessels by persons under 21 years of
2299	age who have consumed alcoholic beverages.--
2300	(1)(a)  Notwithstanding s. 327.35, it is unlawful for a
2301	person under the age of 21 who has a breath-alcohol level of
2302	0.02 or higher to operate or be in actual physical control of a
2303	vessel.
2304	(4)  A violation of this section is a noncriminal
2305	infraction, and being detained pursuant to this section does not
2306	constitute an arrest. This section does not bar prosecution
2307	under s. 327.35, and the penalties provided herein shall be
2308	imposed in addition to any other penalty provided for boating
2309	under the influence or for refusal to submit to testing.
2310	Section 55.  For the purpose of incorporating the amendment
2311	to section 327.35, Florida Statutes, in a reference thereto,
2312	subsection (2) of section 327.359, Florida Statutes, is
2313	reenacted to read:
2314	327.359  Refusal to submit to testing; penalties.--Any
2315	person who has refused to submit to a chemical or physical test
2316	of his or her breath, blood, or urine, as described in s.
2317	327.352, and who has been previously fined for refusal to submit
2318	to a lawful test of his or her breath, urine, or blood, and:
2319	(2)  Who was placed under lawful arrest for a violation of
2320	s. 327.35 unless such test was requested pursuant to s.
2321	327.352(1)(c);
2322
2323	commits a misdemeanor of the first degree and is subject to
2324	punishment as provided in s. 775.082 or s. 775.083.
2325	Section 56.  For the purpose of incorporating the amendment
2326	to section 327.35, Florida Statutes, in references thereto,
2327	section 327.36, Florida Statutes, is reenacted to read:
2328	327.36  Mandatory adjudication; prohibition against
2329	accepting plea to lesser included offense.--
2330	(1)  Notwithstanding the provisions of s. 948.01, no court
2331	may suspend, defer, or withhold adjudication of guilt or
2332	imposition of sentence for any violation of s. 327.35, for
2333	manslaughter resulting from the operation of a vessel, or for
2334	vessel homicide.
2335	(2)(a)  No trial judge may accept a plea of guilty to a
2336	lesser offense from a person who is charged with a violation of
2337	s. 327.35, manslaughter resulting from the operation of a
2338	vessel, or vessel homicide and who has been given a breath or
2339	blood test to determine blood or breath alcohol content, the
2340	results of which show a blood-alcohol level or breath-alcohol
2341	level of 0.16 or more.
2342	(b)  A trial judge may not accept a plea of guilty to a
2343	lesser offense from a person charged with a felony violation of
2344	s. 327.35, manslaughter resulting from the operation of a
2345	vessel, or vessel homicide.
2346	Section 57.  This act shall take effect October 1, 2004.

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