HB 0307

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

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