Senate Bill sb0324

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    Florida Senate - 2004                                   SB 324

    By Senator Saunders





    37-79-04

  1                      A bill to be entitled

  2         An act relating to the Department of Highway

  3         Safety and Motor Vehicles; amending s. 322.20,

  4         F.S.; requiring the department to maintain

  5         certain records of convictions for persons

  6         holding a foreign driver's license; amending s.

  7         322.27, F.S.; requiring law enforcement

  8         agencies to notify the department of any

  9         traffic fatality or when a law enforcement

10         agency initiates action to obtain a blood test

11         for impairment in a case of death or serious

12         bodily injury; providing an effective date.

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

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16         Section 1.  Subsection (2) of section 322.20, Florida

17  Statutes, is amended to read:

18         322.20  Records of the department; fees; destruction of

19  records.--

20         (2)  The department shall also maintain a record of all

21  crash reports, abstracts of court records of convictions, and

22  notices of revocation or suspension of a person's driver's

23  license or driving privilege.  Records of convictions of a

24  person holding a foreign license shall be maintained by the

25  department if the uniform traffic citation indicates an

26  address located in this state.

27         Section 2.  Subsection (1) of section 322.27, Florida

28  Statutes, is amended to read:

29         322.27  Authority of department to suspend or revoke

30  license.--

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    Florida Senate - 2004                                   SB 324
    37-79-04




 1         (1)  Notwithstanding any provisions to the contrary in

 2  chapter 120, the department is hereby authorized to suspend

 3  the license of any person without preliminary hearing upon a

 4  showing of its records or other sufficient evidence that the

 5  licensee:

 6         (a)  Has committed an offense for which mandatory

 7  revocation of license is required upon conviction. A law

 8  enforcement agency must provide information to the department

 9  within 24 hours after any traffic fatality or when the law

10  enforcement agency initiates action pursuant to s. 316.1933;

11         (b)  Has been convicted of a violation of any traffic

12  law which resulted in a crash that caused the death or

13  personal injury of another or property damage in excess of

14  $500;

15         (c)  Is incompetent to drive a motor vehicle;

16         (d)  Has permitted an unlawful or fraudulent use of

17  such license or has knowingly been a party to the obtaining of

18  a license by fraud or misrepresentation or to display, or

19  represent as one's own, any driver's license not issued him or

20  her.  Provided, however, no provision of this section shall be

21  construed to include the provisions of s. 322.32(1);

22         (e)  Has committed an offense in another state which if

23  committed in this state would be grounds for suspension or

24  revocation; or

25         (f)  Has committed a second or subsequent violation of

26  s. 316.172(1) within a 5-year period of any previous

27  violation.

28         Section 3.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                                   SB 324
    37-79-04




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 2                          SENATE SUMMARY

 3    Requires the Department of Highway Safety and Motor
      Vehicles to maintain records of convictions of certain
 4    persons holding foreign licenses. Requires law
      enforcement agencies to provide information to the
 5    Department of Highway and Safety and Motor Vehicles
      within 24 hours after traffic fatalities or certain other
 6    offenses.

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