Senate Bill sb1642

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    Florida Senate - 2005                                  SB 1642

    By Senator Smith





    14-1011-05

  1                      A bill to be entitled

  2         An act relating to driving or boating under the

  3         influence; amending s. 316.193, F.S.; revising

  4         the level of alcohol content in blood or breath

  5         at which certain penalties apply for the

  6         offense of driving under the influence;

  7         amending s. 316.656, F.S.; revising the level

  8         of alcohol content in blood or breath at which

  9         the prohibition against accepting a plea to a

10         lesser offense applies; amending s. 327.35,

11         F.S.; revising the level of alcohol content in

12         blood or breath at which certain penalties

13         apply for the offense of boating under the

14         influence; reenacting ss. 142.01(1),

15         316.066(3)(a), 316.072(4)(b), 316.1932(3),

16         316.1933(4), 316.1934(1) and (4), 316.1937(1)

17         and (2)(d), 316.1939(1)(b), 318.143(4) and (5),

18         318.17(3), 322.03(2), 322.0602(2)(a),

19         322.21(8), 322.25(5), 322.26(1)(a),

20         322.2615(1), (2), (7), (8)(b), (10)(b), and

21         (14), 322.2616(1)(a), (15), and (19),

22         322.264(1)(b), 322.271(2)(a), (2)(c), and (4),

23         322.28(2), 322.282(2)(a), 322.291(1)(a),

24         322.34(9)(a), 322.44, 322.62(3), 322.63(2)(d)

25         and (6), 322.64(1), (2), (7)(a), (8)(b), (14),

26         and (15), 323.001(4)(f), 327.35(6),

27         397.405(10), 440.02(17)(c), 440.09(7)(b),

28         493.6106(1)(d), 627.758(4), 790.06(2)(f) and

29         (10)(f), 903.36(2), 907.041(4)(c), 938.07,

30         938.21, 938.23(1), 943.05(2)(d), 948.03(8)(b),

31         948.036(2), and 960.03(3)(b), F.S.;

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 1         incorporating the amendment to s. 316.193,

 2         F.S., in references thereto; reenacting ss.

 3         142.01(1), 327.352(3), 327.35215(1) and (2),

 4         327.353(4), 327.354(1) and (4), 327.355(1)(a)

 5         and (4), 327.359(2), 327.36, and 938.07, F.S.;

 6         incorporating the amendment to s. 327.35, F.S.,

 7         in references thereto; providing an effective

 8         date.

 9  

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

11  

12         Section 1.  Section 316.193, Florida Statutes, is

13  amended to read:

14         316.193  Driving under the influence; penalties.--

15         (1)  A person is guilty of the offense of driving under

16  the influence and is subject to punishment as provided in

17  subsection (2) if the person is driving or in actual physical

18  control of a vehicle within this state and:

19         (a)  The person is under the influence of alcoholic

20  beverages, any chemical substance set forth in s. 877.111, or

21  any substance controlled under chapter 893, when affected to

22  the extent that the person's normal faculties are impaired;

23         (b)  The person has a blood-alcohol level of 0.08 or

24  more grams of alcohol per 100 milliliters of blood; or

25         (c)  The person has a breath-alcohol level of 0.08 or

26  more grams of alcohol per 210 liters of breath.

27         (2)(a)  Except as provided in paragraph (b), subsection

28  (3), or subsection (4), any person who is convicted of a

29  violation of subsection (1) shall be punished:

30         1.  By a fine of:

31  

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 1         a.  Not less than $250 or more than $500 for a first

 2  conviction.

 3         b.  Not less than $500 or more than $1,000 for a second

 4  conviction; and

 5         2.  By imprisonment for:

 6         a.  Not more than 6 months for a first conviction.

 7         b.  Not more than 9 months for a second conviction.

 8         3.  For a second conviction, by mandatory placement for

 9  a period of at least 1 year, at the convicted person's sole

10  expense, of an ignition interlock device approved by the

11  department in accordance with s. 316.1938 upon all vehicles

12  that are individually or jointly leased or owned and routinely

13  operated by the convicted person, when the convicted person

14  qualifies for a permanent or restricted license. The

15  installation of such device may not occur before July 1, 2003.

16         (b)1.  Any person who is convicted of a third violation

17  of this section for an offense that occurs within 10 years

18  after a prior conviction for a violation of this section

19  commits a felony of the third degree, punishable as provided

20  in s. 775.082, s. 775.083, or s. 775.084. In addition, the

21  court shall order the mandatory placement for a period of not

22  less than 2 years, at the convicted person's sole expense, of

23  an ignition interlock device approved by the department in

24  accordance with s. 316.1938 upon all vehicles that are

25  individually or jointly leased or owned and routinely operated

26  by the convicted person, when the convicted person qualifies

27  for a permanent or restricted license. The installation of

28  such device may not occur before July 1, 2003.

29         2.  Any person who is convicted of a third violation of

30  this section for an offense that occurs more than 10 years

31  after the date of a prior conviction for a violation of this

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 1  section shall be punished by a fine of not less than $1,000 or

 2  more than $2,500 and by imprisonment for not more than 12

 3  months. In addition, the court shall order the mandatory

 4  placement for a period of at least 2 years, at the convicted

 5  person's sole expense, of an ignition interlock device

 6  approved by the department in accordance with s. 316.1938 upon

 7  all vehicles that are individually or jointly leased or owned

 8  and routinely operated by the convicted person, when the

 9  convicted person qualifies for a permanent or restricted

10  license. The installation of such device may not occur before

11  July 1, 2003.

12         3.  Any person who is convicted of a fourth or

13  subsequent violation of this section, regardless of when any

14  prior conviction for a violation of this section occurred,

15  commits a felony of the third degree, punishable as provided

16  in s. 775.082, s. 775.083, or s. 775.084. However, the fine

17  imposed for such fourth or subsequent violation may be not

18  less than $1,000.

19         (3)  Any person:

20         (a)  Who is in violation of subsection (1);

21         (b)  Who operates a vehicle; and

22         (c)  Who, by reason of such operation, causes or

23  contributes to causing:

24         1.  Damage to the property or person of another commits

25  a misdemeanor of the first degree, punishable as provided in

26  s. 775.082 or s. 775.083.

27         2.  Serious bodily injury to another, as defined in s.

28  316.1933, commits a felony of the third degree, punishable as

29  provided in s. 775.082, s. 775.083, or s. 775.084.

30         3.  The death of any human being commits DUI

31  manslaughter, and commits:

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 1         a.  A felony of the second degree, punishable as

 2  provided in s. 775.082, s. 775.083, or s. 775.084.

 3         b.  A felony of the first degree, punishable as

 4  provided in s. 775.082, s. 775.083, or s. 775.084, if:

 5         (I)  At the time of the crash, the person knew, or

 6  should have known, that the crash occurred; and

 7         (II)  The person failed to give information and render

 8  aid as required by s. 316.062.

 9         (4)(a)  Any person who is convicted of a violation of

10  subsection (1) and who has a blood-alcohol level or

11  breath-alcohol level of 0.16 0.20 or higher, or any person who

12  is convicted of a violation of subsection (1) and who at the

13  time of the offense was accompanied in the vehicle by a person

14  under the age of 18 years, shall be punished:

15         1.(a)  By a fine of:

16         a.1.  Not less than $500 or more than $1,000 for a

17  first conviction.

18         b.2.  Not less than $1,000 or more than $2,000 for a

19  second conviction.

20         c.3.  Not less than $2,000 for a third or subsequent

21  conviction.

22         2.(b)  By imprisonment for:

23         a.1.  Not more than 9 months for a first conviction.

24         b.2.  Not more than 12 months for a second conviction.

25  

26  For the purposes of this subsection, only the instant offense

27  is required to be a violation of subsection (1) by a person

28  who has a blood-alcohol level or breath-alcohol level of 0.20

29  or higher.

30         (b)(c)  In addition to the penalties in paragraph

31  paragraphs (a) and (b), the court shall order the mandatory

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 1  placement, at the convicted person's sole expense, of an

 2  ignition interlock device approved by the department in

 3  accordance with s. 316.1938 upon all vehicles that are

 4  individually or jointly leased or owned and routinely operated

 5  by the convicted person for up to 6 months for the first

 6  offense and for at least 2 years for a second offense, when

 7  the convicted person qualifies for a permanent or restricted

 8  license. The installation of such device may not occur before

 9  July 1, 2003.

10  

11  For the purposes of this subsection, only the instant offense

12  is required to be a violation of subsection (1) by a person

13  who has a blood-alcohol level or breath-alcohol level of 0.16

14  or higher.

15         (5)  The court shall place all offenders convicted of

16  violating this section on monthly reporting probation and

17  shall require completion of a substance abuse course conducted

18  by a DUI program licensed by the department under s. 322.292,

19  which must include a psychosocial evaluation of the offender.

20  If the DUI program refers the offender to an authorized

21  substance abuse treatment provider for substance abuse

22  treatment, in addition to any sentence or fine imposed under

23  this section, completion of all such education, evaluation,

24  and treatment is a condition of reporting probation.  The

25  offender shall assume reasonable costs for such education,

26  evaluation, and treatment. The referral to treatment resulting

27  from a psychosocial evaluation shall not be waived without a

28  supporting independent psychosocial evaluation conducted by an

29  authorized substance abuse treatment provider appointed by the

30  court, which shall have access to the DUI program's

31  psychosocial evaluation before the independent psychosocial

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 1  evaluation is conducted. The court shall review the results

 2  and recommendations of both evaluations before determining the

 3  request for waiver.  The offender shall bear the full cost of

 4  this procedure. The term "substance abuse" means the abuse of

 5  alcohol or any substance named or described in Schedules I

 6  through V of s. 893.03.  If an offender referred to treatment

 7  under this subsection fails to report for or complete such

 8  treatment or fails to complete the DUI program substance abuse

 9  education course and evaluation, the DUI program shall notify

10  the court and the department of the failure.  Upon receipt of

11  the notice, the department shall cancel the offender's driving

12  privilege, notwithstanding the terms of the court order or any

13  suspension or revocation of the driving privilege.  The

14  department may temporarily reinstate the driving privilege on

15  a restricted basis upon verification from the DUI program that

16  the offender is currently participating in treatment and the

17  DUI education course and evaluation requirement has been

18  completed. If the DUI program notifies the department of the

19  second failure to complete treatment, the department shall

20  reinstate the driving privilege only after notice of

21  completion of treatment from the DUI program.  The

22  organization that conducts the substance abuse education and

23  evaluation may not provide required substance abuse treatment

24  unless a waiver has been granted to that organization by the

25  department.  A waiver may be granted only if the department

26  determines, in accordance with its rules, that the service

27  provider that conducts the substance abuse education and

28  evaluation is the most appropriate service provider and is

29  licensed under chapter 397 or is exempt from such licensure. A

30  statistical referral report shall be submitted quarterly to

31  

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 1  the department by each organization authorized to provide

 2  services under this section.

 3         (6)  With respect to any person convicted of a

 4  violation of subsection (1), regardless of any penalty imposed

 5  pursuant to subsection (2), subsection (3), or subsection (4):

 6         (a)  For the first conviction, the court shall place

 7  the defendant on probation for a period not to exceed 1 year

 8  and, as a condition of such probation, shall order the

 9  defendant to participate in public service or a community work

10  project for a minimum of 50 hours; or the court may order

11  instead, that any defendant pay an additional fine of $10 for

12  each hour of public service or community work otherwise

13  required, if, after consideration of the residence or location

14  of the defendant at the time public service or community work

15  is required, payment of the fine is in the best interests of

16  the state. However, the total period of probation and

17  incarceration may not exceed 1 year. The court must also, as a

18  condition of probation, order the impoundment or

19  immobilization of the vehicle that was operated by or in the

20  actual control of the defendant or any one vehicle registered

21  in the defendant's name at the time of impoundment or

22  immobilization, for a period of 10 days or for the unexpired

23  term of any lease or rental agreement that expires within 10

24  days. The impoundment or immobilization must not occur

25  concurrently with the incarceration of the defendant.  The

26  impoundment or immobilization order may be dismissed in

27  accordance with paragraph (e), paragraph (f), paragraph (g),

28  or paragraph (h).

29         (b)  For the second conviction for an offense that

30  occurs within a period of 5 years after the date of a prior

31  conviction for violation of this section, the court shall

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 1  order imprisonment for not less than 10 days. The court must

 2  also, as a condition of probation, order the impoundment or

 3  immobilization of all vehicles owned by the defendant at the

 4  time of impoundment or immobilization, for a period of 30 days

 5  or for the unexpired term of any lease or rental agreement

 6  that expires within 30 days. The impoundment or immobilization

 7  must not occur concurrently with the incarceration of the

 8  defendant and must occur concurrently with the driver's

 9  license revocation imposed under s. 322.28(2)(a)2.  The

10  impoundment or immobilization order may be dismissed in

11  accordance with paragraph (e), paragraph (f), paragraph (g),

12  or paragraph (h).  At least 48 hours of confinement must be

13  consecutive.

14         (c)  For the third or subsequent conviction for an

15  offense that occurs within a period of 10 years after the date

16  of a prior conviction for violation of this section, the court

17  shall order imprisonment for not less than 30 days. The court

18  must also, as a condition of probation, order the impoundment

19  or immobilization of all vehicles owned by the defendant at

20  the time of impoundment or immobilization, for a period of 90

21  days or for the unexpired term of any lease or rental

22  agreement that expires within 90 days. The impoundment or

23  immobilization must not occur concurrently with the

24  incarceration of the defendant and must occur concurrently

25  with the driver's license revocation imposed under s.

26  322.28(2)(a)3.  The impoundment or immobilization order may be

27  dismissed in accordance with paragraph (e), paragraph (f),

28  paragraph (g), or paragraph (h). At least 48 hours of

29  confinement must be consecutive.

30         (d)  The court must at the time of sentencing the

31  defendant issue an order for the impoundment or immobilization

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 1  of a vehicle. Within 7 business days after the date that the

 2  court issues the order of impoundment or immobilization, the

 3  clerk of the court must send notice by certified mail, return

 4  receipt requested, to the registered owner of each vehicle, if

 5  the registered owner is a person other than the defendant, and

 6  to each person of record claiming a lien against the vehicle.

 7         (e)  A person who owns but was not operating the

 8  vehicle when the offense occurred may submit to the court a

 9  police report indicating that the vehicle was stolen at the

10  time of the offense or documentation of having purchased the

11  vehicle after the offense was committed from an entity other

12  than the defendant or the defendant's agent. If the court

13  finds that the vehicle was stolen or that the sale was not

14  made to circumvent the order and allow the defendant continued

15  access to the vehicle, the order must be dismissed and the

16  owner of the vehicle will incur no costs. If the court denies

17  the request to dismiss the order of impoundment or

18  immobilization, the petitioner may request an evidentiary

19  hearing.

20         (f)  A person who owns but was not operating the

21  vehicle when the offense occurred, and whose vehicle was

22  stolen or who purchased the vehicle after the offense was

23  committed directly from the defendant or the defendant's

24  agent, may request an evidentiary hearing to determine whether

25  the impoundment or immobilization should occur. If the court

26  finds that either the vehicle was stolen or the purchase was

27  made without knowledge of the offense, that the purchaser had

28  no relationship to the defendant other than through the

29  transaction, and that such purchase would not circumvent the

30  order and allow the defendant continued access to the vehicle,

31  

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 1  the order must be dismissed and the owner of the vehicle will

 2  incur no costs.

 3         (g)  The court shall also dismiss the order of

 4  impoundment or immobilization of the vehicle if the court

 5  finds that the family of the owner of the vehicle has no other

 6  private or public means of transportation.

 7         (h)  The court may also dismiss the order of

 8  impoundment or immobilization of any vehicles that are owned

 9  by the defendant but that are operated solely by the employees

10  of the defendant or any business owned by the defendant.

11         (i)  All costs and fees for the impoundment or

12  immobilization, including the cost of notification, must be

13  paid by the owner of the vehicle or, if the vehicle is leased

14  or rented, by the person leasing or renting the vehicle,

15  unless the impoundment or immobilization order is dismissed.

16  All provisions of s. 713.78 shall apply.

17         (j)  The person who owns a vehicle that is impounded or

18  immobilized under this paragraph, or a person who has a lien

19  of record against such a vehicle and who has not requested a

20  review of the impoundment pursuant to paragraph (e), paragraph

21  (f), or paragraph (g), may, within 10 days after the date that

22  person has knowledge of the location of the vehicle, file a

23  complaint in the county in which the owner resides to

24  determine whether the vehicle was wrongfully taken or withheld

25  from the owner or lienholder. Upon the filing of a complaint,

26  the owner or lienholder may have the vehicle released by

27  posting with the court a bond or other adequate security equal

28  to the amount of the costs and fees for impoundment or

29  immobilization, including towing or storage, to ensure the

30  payment of such costs and fees if the owner or lienholder does

31  not prevail. When the bond is posted and the fee is paid as

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 1  set forth in s. 28.24, the clerk of the court shall issue a

 2  certificate releasing the vehicle. At the time of release,

 3  after reasonable inspection, the owner or lienholder must give

 4  a receipt to the towing or storage company indicating any loss

 5  or damage to the vehicle or to the contents of the vehicle.

 6         (k)  A defendant, in the court's discretion, may be

 7  required to serve all or any portion of a term of imprisonment

 8  to which the defendant has been sentenced pursuant to this

 9  section in a residential alcoholism treatment program or a

10  residential drug abuse treatment program. Any time spent in

11  such a program must be credited by the court toward the term

12  of imprisonment.

13  

14  For the purposes of this section, any conviction for a

15  violation of s. 327.35; a previous conviction for the

16  violation of former s. 316.1931, former s. 860.01, or former

17  s. 316.028; or a previous conviction outside this state for

18  driving under the influence, driving while intoxicated,

19  driving with an unlawful blood-alcohol level, driving with an

20  unlawful breath-alcohol level, or any other similar

21  alcohol-related or drug-related traffic offense, is also

22  considered a previous conviction for violation of this

23  section. However, in satisfaction of the fine imposed pursuant

24  to this section, the court may, upon a finding that the

25  defendant is financially unable to pay either all or part of

26  the fine, order that the defendant participate for a specified

27  additional period of time in public service or a community

28  work project in lieu of payment of that portion of the fine

29  which the court determines the defendant is unable to pay. In

30  determining such additional sentence, the court shall consider

31  the amount of the unpaid portion of the fine and the

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 1  reasonable value of the services to be ordered; however, the

 2  court may not compute the reasonable value of services at a

 3  rate less than the federal minimum wage at the time of

 4  sentencing.

 5         (7)  A conviction under this section does not bar any

 6  civil suit for damages against the person so convicted.

 7         (8)  At the arraignment, or in conjunction with any

 8  notice of arraignment provided by the clerk of the court, the

 9  clerk shall provide any person charged with a violation of

10  this section with notice that upon conviction the court shall

11  suspend or revoke the offender's driver's license and that the

12  offender should make arrangements for transportation at any

13  proceeding in which the court may take such action.  Failure

14  to provide such notice does not affect the court's suspension

15  or revocation of the offender's driver's license.

16         (9)  A person who is arrested for a violation of this

17  section may not be released from custody:

18         (a)  Until the person is no longer under the influence

19  of alcoholic beverages, any chemical substance set forth in s.

20  877.111, or any substance controlled under chapter 893 and

21  affected to the extent that his or her normal faculties are

22  impaired;

23         (b)  Until the person's blood-alcohol level or

24  breath-alcohol level is less than 0.05; or

25         (c)  Until 8 hours have elapsed from the time the

26  person was arrested.

27         (10)  The rulings of the Department of Highway Safety

28  and Motor Vehicles under s. 322.2615 shall not be considered

29  in any trial for a violation of this section. Testimony or

30  evidence from the administrative proceedings or any written

31  statement submitted by a person in his or her request for

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 1  administrative review is inadmissible into evidence or for any

 2  other purpose in any criminal proceeding, unless timely

 3  disclosed in criminal discovery pursuant to Rule 3.220,

 4  Florida Rules of Criminal Procedure.

 5         (11)  The Department of Highway Safety and Motor

 6  Vehicles is directed to adopt rules providing for the

 7  implementation of the use of ignition interlock devices.

 8         (12)  If the records of the Department of Highway

 9  Safety and Motor Vehicles show that the defendant has been

10  previously convicted of the offense of driving under the

11  influence, that evidence is sufficient by itself to establish

12  that prior conviction for driving under the influence.

13  However, such evidence may be contradicted or rebutted by

14  other evidence. This presumption may be considered along with

15  any other evidence presented in deciding whether the defendant

16  has been previously convicted of the offense of driving under

17  the influence.

18         Section 2.  Subsection (2) of section 316.656, Florida

19  Statutes, is amended to read:

20         316.656  Mandatory adjudication; prohibition against

21  accepting plea to lesser included offense.--

22         (2)(a)  No trial judge may accept a plea of guilty to a

23  lesser offense from a person charged under the provisions of

24  this act who has been given a breath or blood test to

25  determine blood or breath alcohol content, the results of

26  which show a blood or breath alcohol content by weight of 0.16

27  0.20 percent or more.

28         (b)  No trial judge may accept a plea of guilty to a

29  lesser offense from a person charged with a violation of s.

30  316.193(3), manslaughter resulting from the operation of a

31  motor vehicle, or vehicular homicide.

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 1         Section 3.  Subsection (4) of section 327.35, Florida

 2  Statutes, is amended, and subsection (6) of that section is

 3  reenacted, to read:

 4         327.35  Boating under the influence; penalties;

 5  "designated drivers".--

 6         (4)  Any person who is convicted of a violation of

 7  subsection (1) and who has a blood-alcohol level or

 8  breath-alcohol level of 0.16 0.20 or higher, or any person who

 9  is convicted of a violation of subsection (1) and who at the

10  time of the offense was accompanied in the vessel by a person

11  under the age of 18 years, shall be punished:

12         (a)  By a fine of:

13         1.  Not less than $500 or more than $1,000 for a first

14  conviction.

15         2.  Not less than $1,000 or more than $2,000 for a

16  second conviction.

17         3.  Not less than $2,000 for a third or subsequent

18  conviction.

19         (b)  By imprisonment for:

20         1.  Not more than 9 months for a first conviction.

21         2.  Not more than 12 months for a second conviction.

22  

23  For the purposes of this subsection, only the instant offense

24  is required to be a violation of subsection (1) by a person

25  who has a blood-alcohol level or breath-alcohol level of 0.16

26  0.20 or higher.

27         (6)  With respect to any person convicted of a

28  violation of subsection (1), regardless of any other penalty

29  imposed:

30         (a)  For the first conviction, the court shall place

31  the defendant on probation for a period not to exceed 1 year

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 1  and, as a condition of such probation, shall order the

 2  defendant to participate in public service or a community work

 3  project for a minimum of 50 hours.   The court must also, as a

 4  condition of probation, order the impoundment or

 5  immobilization of the vessel that was operated by or in the

 6  actual control of the defendant or any one vehicle registered

 7  in the defendant's name at the time of impoundment or

 8  immobilization, for a period of 10 days or for the unexpired

 9  term of any lease or rental agreement that expires within 10

10  days. The impoundment or immobilization must not occur

11  concurrently with the incarceration of the defendant.  The

12  impoundment or immobilization order may be dismissed in

13  accordance with paragraph (e) or paragraph (f). The total

14  period of probation and incarceration may not exceed 1 year.

15         (b)  For the second conviction for an offense that

16  occurs within a period of 5 years after the date of a prior

17  conviction for violation of this section, the court shall

18  order imprisonment for not less than 10 days. The court must

19  also, as a condition of probation, order the impoundment or

20  immobilization of the vessel that was operated by or in the

21  actual control of the defendant or any one vehicle registered

22  in the defendant's name at the time of impoundment or

23  immobilization, for a period of 30 days or for the unexpired

24  term of any lease or rental agreement that expires within 30

25  days. The impoundment or immobilization must not occur

26  concurrently with the incarceration of the defendant.  The

27  impoundment or immobilization order may be dismissed in

28  accordance with paragraph (e) or paragraph (f). At least 48

29  hours of confinement must be consecutive.

30         (c)  For the third or subsequent conviction for an

31  offense that occurs within a period of 10 years after the date

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 1  of a prior conviction for violation of this section, the court

 2  shall order imprisonment for not less than 30 days. The court

 3  must also, as a condition of probation, order the impoundment

 4  or immobilization of the vessel that was operated by or in the

 5  actual control of the defendant or any one vehicle registered

 6  in the defendant's name at the time of impoundment or

 7  immobilization, for a period of 90 days or for the unexpired

 8  term of any lease or rental agreement that expires within 90

 9  days. The impoundment or immobilization must not occur

10  concurrently with the incarceration of the defendant.  The

11  impoundment or immobilization order may be dismissed in

12  accordance with paragraph (e) or paragraph (f). At least 48

13  hours of confinement must be consecutive.

14         (d)  The court must at the time of sentencing the

15  defendant issue an order for the impoundment or immobilization

16  of a vessel. Within 7 business days after the date that the

17  court issues the order of impoundment, and once again 30

18  business days before the actual impoundment or immobilization

19  of the vessel, the clerk of the court must send notice by

20  certified mail, return receipt requested, to the registered

21  owner of each vessel, if the registered owner is a person

22  other than the defendant, and to each person of record

23  claiming a lien against the vessel.

24         (e)  A person who owns but was not operating the vessel

25  when the offense occurred may submit to the court a police

26  report indicating that the vessel was stolen at the time of

27  the offense or documentation of having purchased the vessel

28  after the offense was committed from an entity other than the

29  defendant or the defendant's agent. If the court finds that

30  the vessel was stolen or that the sale was not made to

31  circumvent the order and allow the defendant continued access

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 1  to the vessel, the order must be dismissed and the owner of

 2  the vessel will incur no costs. If the court denies the

 3  request to dismiss the order of impoundment or immobilization,

 4  the petitioner may request an evidentiary hearing.

 5         (f)  A person who owns but was not operating the vessel

 6  when the offense occurred, and whose vessel was stolen or who

 7  purchased the vessel after the offense was committed directly

 8  from the defendant or the defendant's agent, may request an

 9  evidentiary hearing to determine whether the impoundment or

10  immobilization should occur. If the court finds that either

11  the vessel was stolen or the purchase was made without

12  knowledge of the offense, that the purchaser had no

13  relationship to the defendant other than through the

14  transaction, and that such purchase would not circumvent the

15  order and allow the defendant continued access to the vessel,

16  the order must be dismissed and the owner of the vessel will

17  incur no costs.

18         (g)  All costs and fees for the impoundment or

19  immobilization, including the cost of notification, must be

20  paid by the owner of the vessel or, if the vessel is leased or

21  rented, by the person leasing or renting the vessel, unless

22  the impoundment or immobilization order is dismissed.

23         (h)  The person who owns a vessel that is impounded or

24  immobilized under this  paragraph, or a person who has a lien

25  of record against such a vessel and who has not requested a

26  review of the impoundment pursuant to paragraph (e) or

27  paragraph (f), may, within 10 days after the date that person

28  has knowledge of the location of the vessel, file a complaint

29  in the county in which the owner resides to determine whether

30  the vessel was wrongfully taken or withheld from the owner or

31  lienholder. Upon the filing of a complaint, the owner or

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 1  lienholder may have the vessel released by posting with the

 2  court a bond or other adequate security equal to the amount of

 3  the costs and fees for impoundment or immobilization,

 4  including towing or storage, to ensure the payment of the

 5  costs and fees if the owner or lienholder does not prevail.

 6  When the bond is posted and the fee is paid as set forth in s.

 7  28.24, the clerk of the court shall issue a certificate

 8  releasing the vessel. At the time of release, after reasonable

 9  inspection, the owner or lienholder must give a receipt to the

10  towing or storage company indicating any loss or damage to the

11  vessel or to the contents of the vessel.

12         (i)  A defendant, in the court's discretion, may be

13  required to serve all or any portion of a term of imprisonment

14  to which the defendant has been sentenced pursuant to this

15  section in a residential alcoholism treatment program or a

16  residential drug abuse treatment program. Any time spent in

17  such a program must be credited by the court toward the term

18  of imprisonment.

19  

20  For the purposes of this section, any conviction for a

21  violation of s. 316.193, a previous conviction for the

22  violation of former s. 316.1931, former s. 860.01, or former

23  s. 316.028, or a previous conviction outside this state for

24  driving under the influence, driving while intoxicated,

25  driving with an unlawful blood-alcohol level, driving with an

26  unlawful breath-alcohol level, or any other similar

27  alcohol-related or drug-related traffic offense, is also

28  considered a previous conviction for violation of this

29  section.

30         Section 4.  For the purpose of incorporating the

31  amendments made to sections 316.193 and 327.35, Florida

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 1  Statutes, in references thereto, subsection (1) of section

 2  142.01, Florida Statutes, is reenacted to read:

 3         142.01  Fine and forfeiture fund; clerk of the circuit

 4  court.--There shall be established by the clerk of the circuit

 5  court in each county of this state a separate fund to be known

 6  as the fine and forfeiture fund for use by the clerk of the

 7  circuit court in performing court-related functions. The fund

 8  shall consist of the following:

 9         (1)  Fines and penalties pursuant to ss. 28.2402(2),

10  34.045(2), 316.193, 327.35, 327.72, 372.72(1), and 775.083(1).

11  

12  Notwithstanding the provisions of this section, all fines and

13  forfeitures arising from operation of the provisions of s.

14  318.1215 shall be disbursed in accordance with that section.

15         Section 5.  For the purpose of incorporating the

16  amendment to section 316.193, Florida Statutes, in references

17  thereto, paragraph (a) of subsection (3) of section 316.066,

18  Florida Statutes, is reenacted to read:

19         316.066  Written reports of crashes.--

20         (3)(a)  Every law enforcement officer who in the

21  regular course of duty investigates a motor vehicle crash:

22         1.  Which crash resulted in death or personal injury

23  shall, within 10 days after completing the investigation,

24  forward a written report of the crash to the department or

25  traffic records center.

26         2.  Which crash involved a violation of s. 316.061(1)

27  or s. 316.193 shall, within 10 days after completing the

28  investigation, forward a written report of the crash to the

29  department or traffic records center.

30         3.  In which crash a vehicle was rendered inoperative

31  to a degree which required a wrecker to remove it from traffic

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 1  may, within 10 days after completing the investigation,

 2  forward a written report of the crash to the department or

 3  traffic records center if such action is appropriate, in the

 4  officer's discretion.

 5  

 6  However, in every case in which a crash report is required by

 7  this section and a written report to a law enforcement officer

 8  is not prepared, the law enforcement officer shall provide

 9  each party involved in the crash a short-form report,

10  prescribed by the state, to be completed by the party. The

11  short-form report must include, but is not limited to: the

12  date, time, and location of the crash; a description of the

13  vehicles involved; the names and addresses of the parties

14  involved; the names and addresses of witnesses; the name,

15  badge number, and law enforcement agency of the officer

16  investigating the crash; and the names of the insurance

17  companies for the respective parties involved in the crash.

18  Each party to the crash shall provide the law enforcement

19  officer with proof of insurance to be included in the crash

20  report. If a law enforcement officer submits a report on the

21  accident, proof of insurance must be provided to the officer

22  by each party involved in the crash. Any party who fails to

23  provide the required information is guilty of an infraction

24  for a nonmoving violation, punishable as provided in chapter

25  318 unless the officer determines that due to injuries or

26  other special circumstances such insurance information cannot

27  be provided immediately. If the person provides the law

28  enforcement agency, within 24 hours after the crash, proof of

29  insurance that was valid at the time of the crash, the law

30  enforcement agency may void the citation.

31  

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 1         Section 6.  For the purpose of incorporating the

 2  amendment to section 316.193, Florida Statutes, in references

 3  thereto, paragraph (b) of subsection (4) of section 316.072,

 4  Florida Statutes, is reenacted to read:

 5         316.072  Obedience to and effect of traffic laws.--

 6         (4)  PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;

 7  EXCEPTIONS.--

 8         (b)  Unless specifically made applicable, the

 9  provisions of this chapter, except those contained in ss.

10  316.192, 316.1925, and 316.193, shall not apply to persons,

11  teams, or motor vehicles and other equipment while actually

12  engaged in work upon the surface of a highway, but shall apply

13  to such persons and vehicles when traveling to or from such

14  work.

15         Section 7.  For the purpose of incorporating the

16  amendment to section 316.193, Florida Statutes, in references

17  thereto, subsection (3) of section 316.1932, Florida Statutes,

18  is reenacted to read:

19         316.1932  Tests for alcohol, chemical substances, or

20  controlled substances; implied consent; refusal.--

21         (3)  Notwithstanding any provision of law pertaining to

22  the confidentiality of hospital records or other medical

23  records, information relating to the alcoholic content of the

24  blood or breath or the presence of chemical substances or

25  controlled substances in the blood obtained pursuant to this

26  section shall be released to a court, prosecuting attorney,

27  defense attorney, or law enforcement officer in connection

28  with an alleged violation of s. 316.193 upon request for such

29  information.

30         Section 8.  For the purpose of incorporating the

31  amendment to section 316.193, Florida Statutes, in references

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 1  thereto, subsection (4) of section 316.1933, Florida Statutes,

 2  is reenacted to read:

 3         316.1933  Blood test for impairment or intoxication in

 4  cases of death or serious bodily injury; right to use

 5  reasonable force.--

 6         (4)  Notwithstanding any provision of law pertaining to

 7  the confidentiality of hospital records or other medical

 8  records, information relating to the alcoholic content of the

 9  blood or the presence of chemical substances or controlled

10  substances in the blood obtained pursuant to this section

11  shall be released to a court, prosecuting attorney, defense

12  attorney, or law enforcement officer in connection with an

13  alleged violation of s. 316.193 upon request for such

14  information.

15         Section 9.  For the purpose of incorporating the

16  amendment to section 316.193, Florida Statutes, in references

17  thereto, subsections (1) and (4) of section 316.1934, Florida

18  Statutes, are reenacted to read:

19         316.1934  Presumption of impairment; testing methods.--

20         (1)  It is unlawful and punishable as provided in

21  chapter 322 and in s. 316.193 for any person who is under the

22  influence of alcoholic beverages or controlled substances,

23  when affected to the extent that the person's normal faculties

24  are impaired or to the extent that the person is deprived of

25  full possession of normal faculties, to drive or be in actual

26  physical control of any motor vehicle within this state. Such

27  normal faculties include, but are not limited to, the ability

28  to see, hear, walk, talk, judge distances, drive an

29  automobile, make judgments, act in emergencies, and, in

30  general, normally perform the many mental and physical acts of

31  daily life.

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 1         (4)  Any person charged with a violation of s. 316.193,

 2  whether in a municipality or not, is entitled to trial by jury

 3  according to the Florida Rules of Criminal Procedure.

 4         Section 10.  For the purpose of incorporating the

 5  amendment to section 316.193, Florida Statutes, in references

 6  thereto, subsection (1) and paragraph (d) of subsection (2) of

 7  section 316.1937, Florida Statutes, are reenacted to read:

 8         316.1937  Ignition interlock devices, requiring;

 9  unlawful acts.--

10         (1)  In addition to any other authorized penalties, the

11  court may require that any person who is convicted of driving

12  under the influence in violation of s. 316.193 shall not

13  operate a motor vehicle unless that vehicle is equipped with a

14  functioning ignition interlock device certified by the

15  department as provided in s. 316.1938, and installed in such a

16  manner that the vehicle will not start if the operator's blood

17  alcohol level is in excess of 0.05 percent or as otherwise

18  specified by the court. The court may require the use of an

19  approved ignition interlock device for a period of not less

20  than 6 months, if the person is permitted to operate a motor

21  vehicle, whether or not the privilege to operate a motor

22  vehicle is restricted, as determined by the court. The court,

23  however, shall order placement of an ignition interlock device

24  in those circumstances required by s. 316.193.

25         (2)  If the court imposes the use of an ignition

26  interlock device, the court shall:

27         (d)  Determine the person's ability to pay for

28  installation of the device if the person claims inability to

29  pay. If the court determines that the person is unable to pay

30  for installation of the device, the court may order that any

31  portion of a fine paid by the person for a violation of s.

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 1  316.193 shall be allocated to defray the costs of installing

 2  the device.

 3         Section 11.  For the purpose of incorporating the

 4  amendment to section 316.193, Florida Statutes, in references

 5  thereto, paragraph (b) of subsection (1) of section 316.1939,

 6  Florida Statutes, is reenacted to read:

 7         316.1939  Refusal to submit to testing; penalties.--

 8         (1)  Any person who has refused to submit to a chemical

 9  or physical test of his or her breath, blood, or urine, as

10  described in s. 316.1932, and whose driving privilege was

11  previously suspended for a prior refusal to submit to a lawful

12  test of his or her breath, urine, or blood, and:

13         (b)  Who was placed under lawful arrest for a violation

14  of s. 316.193 unless such test was requested pursuant to s.

15  316.1932(1)(c);

16  

17  commits a misdemeanor of the first degree and is subject to

18  punishment as provided in s. 775.082 or s. 775.083.

19         Section 12.  For the purpose of incorporating the

20  amendment to section 316.193, Florida Statutes, in references

21  thereto, subsections (4) and (5) of section 318.143, Florida

22  Statutes, are reenacted to read:

23         318.143  Sanctions for infractions by minors.--

24         (4)  For the first conviction for a violation of s.

25  316.193, the court may order the Department of Highway Safety

26  and Motor Vehicles to revoke the minor's driver's license

27  until the minor is 18 years of age. For a second or subsequent

28  conviction for such a violation, the court may order the

29  Department of Highway Safety and Motor Vehicles to revoke the

30  minor's driver's license until the minor is 21 years of age.

31  

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 1         (5)  A minor who is arrested for a violation of s.

 2  316.193 may be released from custody as soon as:

 3         (a)  The minor is no longer under the influence of

 4  alcoholic beverages, of any chemical substance set forth in s.

 5  877.111, or of any substance controlled under chapter 893, and

 6  is not affected to the extent that his or her normal faculties

 7  are impaired;

 8         (b)  The minor's blood-alcohol level is less than 0.05

 9  percent; or

10         (c)  Six hours have elapsed after the minor's arrest.

11         Section 13.  For the purpose of incorporating the

12  amendment to section 316.193, Florida Statutes, in references

13  thereto, subsection (3) of section 318.17, Florida Statutes,

14  is reenacted to read:

15         318.17  Offenses excepted.--No provision of this

16  chapter is available to a person who is charged with any of

17  the following offenses:

18         (3)  Driving, or being in actual physical control of,

19  any vehicle while under the influence of alcoholic beverages,

20  any chemical substance set forth in s. 877.111, or any

21  substance controlled under chapter 893, in violation of s.

22  316.193, or driving with an unlawful blood-alcohol level;

23         Section 14.  For the purpose of incorporating the

24  amendment to section 316.193, Florida Statutes, in references

25  thereto, subsection (2) of section 322.03, Florida Statutes,

26  is reenacted to read:

27         322.03  Drivers must be licensed; penalties.--

28         (2)  Prior to issuing a driver's license, the

29  department shall require any person who has been convicted two

30  or more times of a violation of s. 316.193 or of a

31  substantially similar alcohol-related or drug-related offense

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 1  outside this state within the preceding 5 years, or who has

 2  been convicted of three or more such offenses within the

 3  preceding 10 years, to present proof of successful completion

 4  of or enrollment in a department-approved substance abuse

 5  education course. If the person fails to complete such

 6  education course within 90 days after issuance, the department

 7  shall cancel the license. Further, prior to issuing the

 8  driver's license the department shall require such person to

 9  present proof of financial responsibility as provided in s.

10  324.031. For the purposes of this paragraph, a previous

11  conviction for violation of former s. 316.028, former s.

12  316.1931, or former s. 860.01 shall be considered a previous

13  conviction for violation of s. 316.193.

14         Section 15.  For the purpose of incorporating the

15  amendment to section 316.193, Florida Statutes, in references

16  thereto, paragraph (a) of subsection (2) of section 322.0602,

17  Florida Statutes, is reenacted to read:

18         322.0602  Youthful Drunk Driver Visitation Program.--

19         (2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE

20  FOR PARTICIPATION.--

21         (a)  If a person is convicted of a violation of s.

22  316.193, the court may order, as a term and condition of

23  probation in addition to any other term or condition required

24  or authorized by law, that the probationer participate in the

25  Youthful Drunk Driver Visitation Program.

26         Section 16.  For the purpose of incorporating the

27  amendment to section 316.193, Florida Statutes, in references

28  thereto, subsection (8) of section 322.21, Florida Statutes,

29  is reenacted to read:

30         322.21  License fees; procedure for handling and

31  collecting fees.--

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 1         (8)  Any person who applies for reinstatement following

 2  the suspension or revocation of the person's driver's license

 3  shall pay a service fee of $35 following a suspension, and $60

 4  following a revocation, which is in addition to the fee for a

 5  license. Any person who applies for reinstatement of a

 6  commercial driver's license following the disqualification of

 7  the person's privilege to operate a commercial motor vehicle

 8  shall pay a service fee of $60, which is in addition to the

 9  fee for a license. The department shall collect all of these

10  fees at the time of reinstatement. The department shall issue

11  proper receipts for such fees and shall promptly transmit all

12  funds received by it as follows:

13         (a)  Of the $35 fee received from a licensee for

14  reinstatement following a suspension, the department shall

15  deposit $15 in the General Revenue Fund and $20 in the Highway

16  Safety Operating Trust Fund.

17         (b)  Of the $60 fee received from a licensee for

18  reinstatement following a revocation or disqualification, the

19  department shall deposit $35 in the General Revenue Fund and

20  $25 in the Highway Safety Operating Trust Fund.

21  

22  If the revocation or suspension of the driver's license was

23  for a violation of s. 316.193, or for refusal to submit to a

24  lawful breath, blood, or urine test, an additional fee of $115

25  must be charged. However, only one $115 fee may be collected

26  from one person convicted of violations arising out of the

27  same incident. The department shall collect the $115 fee and

28  deposit the fee into the Highway Safety Operating Trust Fund

29  at the time of reinstatement of the person's driver's license,

30  but the fee may not be collected if the suspension or

31  revocation is overturned.

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 1         Section 17.  For the purpose of incorporating the

 2  amendment to section 316.193, Florida Statutes, in references

 3  thereto, subsection (5) of section 322.25, Florida Statutes,

 4  is reenacted to read:

 5         322.25  When court to forward license to department and

 6  report convictions; temporary reinstatement of driving

 7  privileges.--

 8         (5)  For the purpose of this chapter, the entrance of a

 9  plea of nolo contendere by the defendant to a charge of

10  driving while intoxicated, driving under the influence,

11  driving with an unlawful blood-alcohol level, or any other

12  alcohol-related or drug-related traffic offense similar to the

13  offenses specified in s. 316.193, accepted by the court and

14  under which plea the court has entered a fine or sentence,

15  whether in this state or any other state or country, shall be

16  equivalent to a conviction.

17         Section 18.  For the purpose of incorporating the

18  amendment to section 316.193, Florida Statutes, in references

19  thereto, paragraph (a) of subsection (1) of section 322.26,

20  Florida Statutes, is reenacted to read:

21         322.26  Mandatory revocation of license by

22  department.--The department shall forthwith revoke the license

23  or driving privilege of any person upon receiving a record of

24  such person's conviction of any of the following offenses:

25         (1)(a)  Murder resulting from the operation of a motor

26  vehicle, DUI manslaughter where the conviction represents a

27  subsequent DUI-related conviction, or a fourth violation of s.

28  316.193 or former s. 316.1931. For such cases, the revocation

29  of the driver's license or driving privilege shall be

30  permanent.

31  

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 1         Section 19.  For the purpose of incorporating the

 2  amendment to section 316.193, Florida Statutes, in references

 3  thereto, subsections (1), (2), and (7), paragraph (b) of

 4  subsection (8), paragraph (b) of subsection (10), and

 5  subsection (14) of section 322.2615, Florida Statutes, are

 6  reenacted to read:

 7         322.2615  Suspension of license; right to review.--

 8         (1)(a)  A law enforcement officer or correctional

 9  officer shall, on behalf of the department, suspend the

10  driving privilege of a person who has been arrested by a law

11  enforcement officer for a violation of s. 316.193, relating to

12  unlawful blood-alcohol level or breath-alcohol level, or of a

13  person who has refused to submit to a breath, urine, or blood

14  test authorized by s. 316.1932. The officer shall take the

15  person's driver's license and issue the person a 10-day

16  temporary permit if the person is otherwise eligible for the

17  driving privilege and shall issue the person a notice of

18  suspension. If a blood test has been administered, the results

19  of which are not available to the officer at the time of the

20  arrest, the agency employing the officer shall transmit such

21  results to the department within 5 days after receipt of the

22  results. If the department then determines that the person was

23  arrested for a violation of s. 316.193 and that the person had

24  a blood-alcohol level or breath-alcohol level of 0.08 or

25  higher, the department shall suspend the person's driver's

26  license pursuant to subsection (3).

27         (b)  The suspension under paragraph (a) shall be

28  pursuant to, and the notice of suspension shall inform the

29  driver of, the following:

30         1.a.  The driver refused to submit to a lawful breath,

31  blood, or urine test and his or her driving privilege is

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 1  suspended for a period of 1 year for a first refusal or for a

 2  period of 18 months if his or her driving privilege has been

 3  previously suspended as a result of a refusal to submit to

 4  such a test; or

 5         b.  The driver violated s. 316.193 by driving with an

 6  unlawful blood-alcohol level as provided in that section and

 7  his or her driving privilege is suspended for a period of 6

 8  months for a first offense or for a period of 1 year if his or

 9  her driving privilege has been previously suspended for a

10  violation of s. 316.193.

11         2.  The suspension period shall commence on the date of

12  arrest or issuance of the notice of suspension, whichever is

13  later.

14         3.  The driver may request a formal or informal review

15  of the suspension by the department within 10 days after the

16  date of arrest or issuance of the notice of suspension,

17  whichever is later.

18         4.  The temporary permit issued at the time of arrest

19  will expire at midnight of the 10th day following the date of

20  arrest or issuance of the notice of suspension, whichever is

21  later.

22         5.  The driver may submit to the department any

23  materials relevant to the arrest.

24         (2)  Except as provided in paragraph (1)(a), the law

25  enforcement officer shall forward to the department, within 5

26  days after the date of the arrest, a copy of the notice of

27  suspension, the driver's license of the person arrested, and a

28  report of the arrest, including an affidavit stating the

29  officer's grounds for belief that the person arrested was in

30  violation of s. 316.193; the results of any breath or blood

31  test or an affidavit stating that a breath, blood, or urine

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 1  test was requested by a law enforcement officer or

 2  correctional officer and that the person arrested refused to

 3  submit; a copy of the citation issued to the person arrested;

 4  and the officer's description of the person's field sobriety

 5  test, if any. The failure of the officer to submit materials

 6  within the 5-day period specified in this subsection and in

 7  subsection (1) shall not affect the department's ability to

 8  consider any evidence submitted at or prior to the hearing.

 9  The officer may also submit a copy of a videotape of the field

10  sobriety test or the attempt to administer such test.

11         (7)  In a formal review hearing under subsection (6) or

12  an informal review hearing under subsection (4), the hearing

13  officer shall determine by a preponderance of the evidence

14  whether sufficient cause exists to sustain, amend, or

15  invalidate the suspension. The scope of the review shall be

16  limited to the following issues:

17         (a)  If the license was suspended for driving with an

18  unlawful blood-alcohol level in violation of s. 316.193:

19         1.  Whether the arresting law enforcement officer had

20  probable cause to believe that the person was driving or in

21  actual physical control of a motor vehicle in this state while

22  under the influence of alcoholic beverages or controlled

23  substances.

24         2.  Whether the person was placed under lawful arrest

25  for a violation of s. 316.193.

26         3.  Whether the person had an unlawful blood-alcohol

27  level as provided in s. 316.193.

28         (b)  If the license was suspended for refusal to submit

29  to a breath, blood, or urine test:

30         1.  Whether the arresting law enforcement officer had

31  probable cause to believe that the person was driving or in

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 1  actual physical control of a motor vehicle in this state while

 2  under the influence of alcoholic beverages or controlled

 3  substances.

 4         2.  Whether the person was placed under lawful arrest

 5  for a violation of s. 316.193.

 6         3.  Whether the person refused to submit to any such

 7  test after being requested to do so by a law enforcement

 8  officer or correctional officer.

 9         4.  Whether the person was told that if he or she

10  refused to submit to such test his or her privilege to operate

11  a motor vehicle would be suspended for a period of 1 year or,

12  in the case of a second or subsequent refusal, for a period of

13  18 months.

14         (8)  Based on the determination of the hearing officer

15  pursuant to subsection (7) for both informal hearings under

16  subsection (4) and formal hearings under subsection (6), the

17  department shall:

18         (b)  Sustain the suspension of the person's driving

19  privilege for a period of 6 months for a violation of s.

20  316.193, or for a period of 1 year if the driving privilege of

21  such person has been previously suspended as a result of a

22  violation of s. 316.193. The suspension period commences on

23  the date of the arrest or issuance of the notice of

24  suspension, whichever is later.

25         (10)  A person whose driver's license is suspended

26  under subsection (1) or subsection (3) may apply for issuance

27  of a license for business or employment purposes only if the

28  person is otherwise eligible for the driving privilege

29  pursuant to s. 322.271.

30         (b)  If the suspension of the driver's license of the

31  person arrested for a violation of s. 316.193, relating to

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 1  unlawful blood-alcohol level, is sustained, the person is not

 2  eligible to receive a license for business or employment

 3  purposes only pursuant to s. 322.271 until 30 days have

 4  elapsed after the expiration of the last temporary permit

 5  issued. If the driver is not issued a 10-day permit pursuant

 6  to this section or s. 322.64 because he or she is ineligible

 7  for the permit and the suspension for a violation of s.

 8  316.193, relating to unlawful blood-alcohol level, is not

 9  invalidated by the department, the driver is not eligible to

10  receive a business or employment license pursuant to s.

11  322.271 until 30 days have elapsed from the date of the

12  arrest.

13         (14)  The decision of the department under this section

14  shall not be considered in any trial for a violation of s.

15  316.193, nor shall any written statement submitted by a person

16  in his or her request for departmental review under this

17  section be admissible into evidence against him or her in any

18  such trial. The disposition of any related criminal

19  proceedings shall not affect a suspension imposed pursuant to

20  this section.

21         Section 20.  For the purpose of incorporating the

22  amendment to section 316.193, Florida Statutes, in references

23  thereto, paragraph (a) of subsection (1) and subsections (15)

24  and (19) of section 322.2616, Florida Statutes, are reenacted

25  to read:

26         322.2616  Suspension of license; persons under 21 years

27  of age; right to review.--

28         (1)(a)  Notwithstanding s. 316.193, it is unlawful for

29  a person under the age of 21 who has a blood-alcohol or

30  breath-alcohol level of 0.02 or higher to drive or be in

31  actual physical control of a motor vehicle.

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 1         (15)  The decision of the department under this section

 2  shall not be considered in any trial for a violation of s.

 3  316.193, nor shall any written statement submitted by a person

 4  in his or her request for departmental review under this

 5  section be admissible into evidence against him or her in any

 6  such trial. The disposition of any related criminal

 7  proceedings shall not affect a suspension imposed under this

 8  section.

 9         (19)  A violation of this section is neither a traffic

10  infraction nor a criminal offense, nor does being detained

11  pursuant to this section constitute an arrest. A violation of

12  this section is subject to the administrative action

13  provisions of this section, which are administered by the

14  department through its administrative processes.

15  Administrative actions taken pursuant to this section shall be

16  recorded in the motor vehicle records maintained by the

17  department. This section does not bar prosecution under s.

18  316.193. However, if the department suspends a person's

19  license under s. 322.2615 for a violation of s. 316.193, it

20  may not also suspend the person's license under this section

21  for the same episode that was the basis for the suspension

22  under s. 322.2615.

23         Section 21.  For the purpose of incorporating the

24  amendment to section 316.193, Florida Statutes, in references

25  thereto, paragraph (b) of subsection (1) of section 322.264,

26  Florida Statutes, is reenacted to read:

27         322.264  "Habitual traffic offender" defined.--A

28  "habitual traffic offender" is any person whose record, as

29  maintained by the Department of Highway Safety and Motor

30  Vehicles, shows that such person has accumulated the specified

31  

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 1  number of convictions for offenses described in subsection (1)

 2  or subsection (2) within a 5-year period:

 3         (1)  Three or more convictions of any one or more of

 4  the following offenses arising out of separate acts:

 5         (b)  Any violation of s. 316.193, former s. 316.1931,

 6  or former s. 860.01;

 7  

 8  Any violation of any federal law, any law of another state or

 9  country, or any valid ordinance of a municipality or county of

10  another state similar to a statutory prohibition specified in

11  subsection (1) or subsection (2) shall be counted as a

12  violation of such prohibition. In computing the number of

13  convictions, all convictions during the 5 years previous to

14  July 1, 1972, will be used, provided at least one conviction

15  occurs after that date. The fact that previous convictions may

16  have resulted in suspension, revocation, or disqualification

17  under another section does not exempt them from being used for

18  suspension or revocation under this section as a habitual

19  offender.

20         Section 22.  For the purpose of incorporating the

21  amendment to section 316.193, Florida Statutes, in references

22  thereto, paragraphs (a) and (c) of subsection (2) and

23  subsection (4) of section 322.271, Florida Statutes, are

24  reenacted to read:

25         322.271  Authority to modify revocation, cancellation,

26  or suspension order.--

27         (2)(a)  Upon such hearing, the person whose license has

28  been suspended, canceled, or revoked may show that such

29  suspension, cancellation, or revocation of his or her license

30  causes a serious hardship and precludes the person's carrying

31  out his or her normal business occupation, trade, or

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 1  employment and that the use of the person's license in the

 2  normal course of his or her business is necessary to the

 3  proper support of the person or his or her family. Except as

 4  otherwise provided in this subsection, the department shall

 5  require proof of the successful completion of the applicable

 6  department-approved driver training course operating pursuant

 7  to s. 318.1451 or DUI program substance abuse education course

 8  and evaluation as provided in s. 316.193(5). Letters of

 9  recommendation from respected business persons in the

10  community, law enforcement officers, or judicial officers may

11  also be required to determine whether such person should be

12  permitted to operate a motor vehicle on a restricted basis for

13  business or employment use only and in determining whether

14  such person can be trusted to so operate a motor vehicle. If a

15  driver's license has been suspended under the point system or

16  pursuant to s. 322.2615, the department shall require proof of

17  enrollment in the applicable department-approved driver

18  training course or licensed DUI program substance abuse

19  education course, including evaluation and treatment, if

20  referred, and may require letters of recommendation described

21  in this subsection to determine if the driver should be

22  reinstated on a restricted basis. If such person fails to

23  complete the approved course within 90 days after

24  reinstatement or subsequently fails to complete treatment, if

25  applicable, the department shall cancel his or her driver's

26  license until the course and treatment, if applicable, is

27  successfully completed, notwithstanding the terms of the court

28  order or any suspension or revocation of the driving

29  privilege. The department may temporarily reinstate the

30  driving privilege on a restricted basis upon verification from

31  the DUI program that the offender has reentered and is

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 1  currently participating in treatment and has completed the DUI

 2  education course and evaluation requirement. If the DUI

 3  program notifies the department of the second failure to

 4  complete treatment, the department shall reinstate the driving

 5  privilege only after notice of completion of treatment from

 6  the DUI program. The privilege of driving on a limited or

 7  restricted basis for business or employment use shall not be

 8  granted to a person who has been convicted of a violation of

 9  s. 316.193 until completion of the DUI program substance abuse

10  education course and evaluations as provided in s. 316.193(5).

11  Except as provided in paragraph (b), the privilege of driving

12  on a limited or restricted basis for business or employment

13  use shall not be granted to a person whose license is revoked

14  pursuant to s. 322.28 or suspended pursuant to s. 322.2615 and

15  who has been convicted of a violation of s. 316.193 two or

16  more times or whose license has been suspended two or more

17  times for refusal to submit to a test pursuant to s. 322.2615

18  or former s. 322.261.

19         (c)  For the purpose of this section, a previous

20  conviction of driving under the influence, driving while

21  intoxicated, driving with an unlawful blood-alcohol level, or

22  any other similar alcohol-related or drug-related offense

23  outside this state or a previous conviction of former s.

24  316.1931, former s. 316.028, or former s. 860.01 shall be

25  considered a previous conviction for violation of s. 316.193.

26         (4)  Notwithstanding the provisions of s. 322.28(2)(e),

27  a person whose driving privilege has been permanently revoked

28  because he or she has been convicted of DUI manslaughter in

29  violation of s. 316.193 and has no prior convictions for

30  DUI-related offenses may, upon the expiration of 5 years after

31  the date of such revocation or the expiration of 5 years after

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 1  the termination of any term of incarceration under s. 316.193

 2  or former s. 316.1931, whichever date is later, petition the

 3  department for reinstatement of his or her driving privilege.

 4         (a)  Within 30 days after the receipt of such a

 5  petition, the department shall afford the petitioner an

 6  opportunity for a hearing. At the hearing, the petitioner must

 7  demonstrate to the department that he or she:

 8         1.  Has not been arrested for a drug-related offense

 9  during the 5 years preceding the filing of the petition;

10         2.  Has not driven a motor vehicle without a license

11  for at least 5 years prior to the hearing;

12         3.  Has been drug-free for at least 5 years prior to

13  the hearing; and

14         4.  Has completed a DUI program licensed by the

15  department.

16         (b)  At such hearing, the department shall determine

17  the petitioner's qualification, fitness, and need to drive.

18  Upon such determination, the department may, in its

19  discretion, reinstate the driver's license of the petitioner.

20  Such reinstatement must be made subject to the following

21  qualifications:

22         1.  The license must be restricted for employment

23  purposes for not less than 1 year; and

24         2.  Such person must be supervised by a DUI program

25  licensed by the department and report to the program for such

26  supervision and education at least four times a year or

27  additionally as required by the program for the remainder of

28  the revocation period. Such supervision shall include

29  evaluation, education, referral into treatment, and other

30  activities required by the department.

31  

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 1         (c)  Such person must assume the reasonable costs of

 2  supervision. If such person fails to comply with the required

 3  supervision, the program shall report the failure to the

 4  department, and the department shall cancel such person's

 5  driving privilege.

 6         (d)  If, after reinstatement, such person is convicted

 7  of an offense for which mandatory revocation of his or her

 8  license is required, the department shall revoke his or her

 9  driving privilege.

10         (e)  The department shall adopt rules regulating the

11  providing of services by DUI programs pursuant to this

12  section.

13         Section 23.  For the purpose of incorporating the

14  amendment to section 316.193, Florida Statutes, in references

15  thereto, subsection (2) of section 322.28, Florida Statutes,

16  is reenacted to read:

17         322.28  Period of suspension or revocation.--

18         (2)  In a prosecution for a violation of s. 316.193 or

19  former s. 316.1931, the following provisions apply:

20         (a)  Upon conviction of the driver, the court, along

21  with imposing sentence, shall revoke the driver's license or

22  driving privilege of the person so convicted, effective on the

23  date of conviction, and shall prescribe the period of such

24  revocation in accordance with the following provisions:

25         1.  Upon a first conviction for a violation of the

26  provisions of s. 316.193, except a violation resulting in

27  death, the driver's license or driving privilege shall be

28  revoked for not less than 180 days or more than 1 year.

29         2.  Upon a second conviction for an offense that occurs

30  within a period of 5 years after the date of a prior

31  conviction for a violation of the provisions of s. 316.193 or

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 1  former s. 316.1931 or a combination of such sections, the

 2  driver's license or driving privilege shall be revoked for not

 3  less than 5 years.

 4         3.  Upon a third conviction for an offense that occurs

 5  within a period of 10 years after the date of a prior

 6  conviction for the violation of the provisions of s. 316.193

 7  or former s. 316.1931 or a combination of such sections, the

 8  driver's license or driving privilege shall be revoked for not

 9  less than 10 years.

10  

11  For the purposes of this paragraph, a previous conviction

12  outside this state for driving under the influence, driving

13  while intoxicated, driving with an unlawful blood-alcohol

14  level, or any other alcohol-related or drug-related traffic

15  offense similar to the offense of driving under the influence

16  as proscribed by s. 316.193 will be considered a previous

17  conviction for violation of s. 316.193, and a conviction for

18  violation of former s. 316.028, former s. 316.1931, or former

19  s. 860.01 is considered a conviction for violation of s.

20  316.193.

21         (b)  If the period of revocation was not specified by

22  the court at the time of imposing sentence or within 30 days

23  thereafter, and is not otherwise specified by law, the

24  department shall forthwith revoke the driver's license or

25  driving privilege for the maximum period applicable under

26  paragraph (a) for a first conviction and for the minimum

27  period applicable under paragraph (a) for any subsequent

28  convictions. The driver may, within 30 days after such

29  revocation by the department, petition the court for further

30  hearing on the period of revocation, and the court may reopen

31  

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 1  the case and determine the period of revocation within the

 2  limits specified in paragraph (a).

 3         (c)  The forfeiture of bail bond, not vacated within 20

 4  days, in any prosecution for the offense of driving while

 5  under the influence of alcoholic beverages, chemical

 6  substances, or controlled substances to the extent of

 7  depriving the defendant of his or her normal faculties shall

 8  be deemed equivalent to a conviction for the purposes of this

 9  paragraph, and the department shall forthwith revoke the

10  defendant's driver's license or driving privilege for the

11  maximum period applicable under paragraph (a) for a first

12  conviction and for the minimum period applicable under

13  paragraph (a) for a second or subsequent conviction; however,

14  if the defendant is later convicted of the charge, the period

15  of revocation imposed by the department for such conviction

16  shall not exceed the difference between the applicable maximum

17  for a first conviction or minimum for a second or subsequent

18  conviction and the revocation period under this subsection

19  that has actually elapsed; upon conviction of such charge, the

20  court may impose revocation for a period of time as specified

21  in paragraph (a). This paragraph does not apply if an

22  appropriate motion contesting the forfeiture is filed within

23  the 20-day period.

24         (d)  When any driver's license or driving privilege has

25  been revoked pursuant to the provisions of this section, the

26  department shall not grant a new license, except upon

27  reexamination of the licensee after the expiration of the

28  period of revocation so prescribed. However, the court may, in

29  its sound discretion, issue an order of reinstatement on a

30  form furnished by the department which the person may take to

31  

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 1  any driver's license examining office for reinstatement by the

 2  department pursuant to s. 322.282.

 3         (e)  The court shall permanently revoke the driver's

 4  license or driving privilege of a person who has been

 5  convicted four times for violation of s. 316.193 or former s.

 6  316.1931 or a combination of such sections. The court shall

 7  permanently revoke the driver's license or driving privilege

 8  of any person who has been convicted of DUI manslaughter in

 9  violation of s. 316.193. If the court has not permanently

10  revoked such driver's license or driving privilege within 30

11  days after imposing sentence, the department shall permanently

12  revoke the driver's license or driving privilege pursuant to

13  this paragraph. No driver's license or driving privilege may

14  be issued or granted to any such person. This paragraph

15  applies only if at least one of the convictions for violation

16  of s. 316.193 or former s. 316.1931 was for a violation that

17  occurred after July 1, 1982. For the purposes of this

18  paragraph, a conviction for violation of former s. 316.028,

19  former s. 316.1931, or former s. 860.01 is also considered a

20  conviction for violation of s. 316.193. Also, a conviction of

21  driving under the influence, driving while intoxicated,

22  driving with an unlawful blood-alcohol level, or any other

23  similar alcohol-related or drug-related traffic offense

24  outside this state is considered a conviction for the purposes

25  of this paragraph.

26         Section 24.  For the purpose of incorporating the

27  amendment to section 316.193, Florida Statutes, in references

28  thereto, paragraph (a) of subsection (2) of section 322.282,

29  Florida Statutes, is reenacted to read:

30         322.282  Procedure when court revokes or suspends

31  license or driving privilege and orders reinstatement.--When a

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 1  court suspends or revokes a person's license or driving

 2  privilege and, in its discretion, orders reinstatement as

 3  provided by s. 322.28(2)(d) or former s. 322.261(5):

 4         (2)(a)  The court shall issue an order of

 5  reinstatement, on a form to be furnished by the department,

 6  which the person may take to any driver's license examining

 7  office. The department shall issue a temporary driver's permit

 8  to a licensee who presents the court's order of reinstatement,

 9  proof of completion of a department-approved driver training

10  or substance abuse education course, and a written request for

11  a hearing under s. 322.271. The permit shall not be issued if

12  a record check by the department shows that the person has

13  previously been convicted for a violation of s. 316.193,

14  former s. 316.1931, former s. 316.028, former s. 860.01, or a

15  previous conviction outside this state for driving under the

16  influence, driving while intoxicated, driving with an unlawful

17  blood-alcohol level, or any similar alcohol-related or

18  drug-related traffic offense; that the person's driving

19  privilege has been previously suspended for refusal to submit

20  to a lawful test of breath, blood, or urine; or that the

21  person is otherwise not entitled to issuance of a driver's

22  license. This paragraph shall not be construed to prevent the

23  reinstatement of a license or driving privilege that is

24  presently suspended for driving with an unlawful blood-alcohol

25  level or a refusal to submit to a breath, urine, or blood test

26  and is also revoked for a conviction for a violation of s.

27  316.193 or former s. 316.1931, if the suspension and

28  revocation arise out of the same incident.

29         Section 25.  For the purpose of incorporating the

30  amendment to section 316.193, Florida Statutes, in references

31  

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 1  thereto, paragraph (a) of subsection (1) of section 322.291,

 2  Florida Statutes, is reenacted to read:

 3         322.291  Driver improvement schools or DUI programs;

 4  required in certain suspension and revocation cases.--Except

 5  as provided in s. 322.03(2), any person:

 6         (1)  Whose driving privilege has been revoked:

 7         (a)  Upon conviction for:

 8         1.  Driving, or being in actual physical control of,

 9  any vehicle while under the influence of alcoholic beverages,

10  any chemical substance set forth in s. 877.111, or any

11  substance controlled under chapter 893, in violation of s.

12  316.193;

13         2.  Driving with an unlawful blood- or breath-alcohol

14  level;

15         3.  Manslaughter resulting from the operation of a

16  motor vehicle;

17         4.  Failure to stop and render aid as required under

18  the laws of this state in the event of a motor vehicle crash

19  resulting in the death or personal injury of another;

20         5.  Reckless driving; or

21  

22  shall, before the driving privilege may be reinstated, present

23  to the department proof of enrollment in a department-approved

24  advanced driver improvement course operating pursuant to s.

25  318.1451 or a substance abuse education course conducted by a

26  DUI program licensed pursuant to s. 322.292, which shall

27  include a psychosocial evaluation and treatment, if referred.

28  If the person fails to complete such course or evaluation

29  within 90 days after reinstatement, or subsequently fails to

30  complete treatment, if referred, the DUI program shall notify

31  the department of the failure. Upon receipt of the notice, the

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 1  department shall cancel the offender's driving privilege,

 2  notwithstanding the expiration of the suspension or revocation

 3  of the driving privilege. The department may temporarily

 4  reinstate the driving privilege upon verification from the DUI

 5  program that the offender has completed the education course

 6  and evaluation requirement and has reentered and is currently

 7  participating in treatment. If the DUI program notifies the

 8  department of the second failure to complete treatment, the

 9  department shall reinstate the driving privilege only after

10  notice of completion of treatment from the DUI program.

11         Section 26.  For the purpose of incorporating the

12  amendment to section 316.193, Florida Statutes, in references

13  thereto, paragraph (a) of subsection (9) of section 322.34,

14  Florida Statutes, is reenacted to read:

15         322.34  Driving while license suspended, revoked,

16  canceled, or disqualified.--

17         (9)(a)  A motor vehicle that is driven by a person

18  under the influence of alcohol or drugs in violation of s.

19  316.193 is subject to seizure and forfeiture under ss.

20  932.701-932.707 and is subject to liens for recovering,

21  towing, or storing vehicles under s. 713.78 if, at the time of

22  the offense, the person's driver's license is suspended,

23  revoked, or canceled as a result of a prior conviction for

24  driving under the influence.

25         Section 27.  For the purpose of incorporating the

26  amendment to section 316.193, Florida Statutes, in references

27  thereto, section 322.44, Florida Statutes, is reenacted to

28  read:

29         322.44  Driver License Compact.--The Driver License

30  Compact is hereby enacted into law and entered into with all

31  

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 1  other jurisdictions legally joining therein in the form

 2  substantially as follows:

 3  

 4                            ARTICLE I

 5  

 6         FINDINGS AND DECLARATION OF POLICY.--

 7         (1)  The party states find that:

 8         (a)  The safety of their streets and highways is

 9  materially affected by the degree of compliance with state

10  laws and local ordinances relating to the operation of motor

11  vehicles;

12         (b)  Violation of such a law or ordinance is evidence

13  that the violator engages in conduct which is likely to

14  endanger the safety of persons and property;

15         (c)  The continuance in force of a license to drive is

16  predicated upon compliance with laws and ordinances relating

17  to the operation of motor vehicles, in whichever jurisdiction

18  the vehicle is operated.

19         (2)  It is the policy of each of the party states to:

20         (a)  Promote compliance with the laws, ordinances, and

21  administrative rules and regulations relating to the operation

22  of motor vehicles by their operators in each of the

23  jurisdictions where such operators drive motor vehicles;

24         (b)  Make the reciprocal recognition of licenses to

25  drive and eligibility therefor more just and equitable by

26  considering the overall compliance with motor vehicle laws,

27  ordinances, and administrative rules and regulations as a

28  condition precedent to the continuance or issuance of any

29  license by reason of which the licensee is authorized or

30  permitted to operate a motor vehicle in any of the party

31  states.

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 1  

 2                            ARTICLE II

 3  

 4         DEFINITIONS.--As used in this compact:

 5         (1)  "State" means a state, territory or possession of

 6  the United States, the District of Columbia, or the

 7  Commonwealth of Puerto Rico.

 8         (2)  "Home state" means the state which has issued and

 9  has the power to suspend or revoke the use of the license or

10  permit to operate a motor vehicle.

11         (3)  "Conviction" means a conviction of any offense

12  related to the use or operation of a motor vehicle which is

13  prohibited by state law, municipal ordinance, or

14  administrative rule or regulation, or a forfeiture of bail,

15  bond, or other security deposited to secure appearance by a

16  person charged with having committed any such offense, and

17  which conviction or forfeiture is required to be reported to

18  the licensing authority.

19  

20                           ARTICLE III

21  

22         REPORTS OF CONVICTION.--The licensing authority of a

23  party state shall report each conviction of a person from

24  another party state occurring within its jurisdiction to the

25  licensing authority of the home state of the licensee. Such

26  report shall clearly identify the person convicted; describe

27  the violation specifying the section of the statute, code, or

28  ordinance violated; identify the court in which action was

29  taken; indicate whether a plea of guilty or not guilty was

30  entered or the conviction was a result of the forfeiture of

31  

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 1  bail, bond, or other security; and shall include any special

 2  findings made in connection therewith.

 3  

 4                            ARTICLE IV

 5  

 6         EFFECT OF CONVICTION.--

 7         (1)  The licensing authority in the home state, for the

 8  purposes of suspension, revocation, or limitation of the

 9  license to operate a motor vehicle, shall give the same effect

10  to the conduct reported, pursuant to article III, as it would

11  if such conduct had occurred in the home state, in the case of

12  convictions for:

13         (a)  Manslaughter or negligent homicide resulting from

14  the operation of a motor vehicle, as provided by ss. 316.193

15  and 322.26;

16         (b)  Driving a motor vehicle while under the influence

17  of alcoholic beverages or a narcotic drug, or under the

18  influence of any other drug to a degree which renders the

19  driver incapable of safely driving a motor vehicle, as

20  provided by s. 316.193;

21         (c)  Any felony in the commission of which a motor

22  vehicle is used, as provided by s. 322.26; or

23         (d)  Failure to stop and render aid in the event of a

24  motor vehicle crash resulting in the death or personal injury

25  of another, as provided by s. 322.26.

26         (2)  As to other convictions, reported pursuant to

27  article III, the licensing authority in the home state shall

28  give such effect to the conduct as is provided by the laws of

29  the home state.

30  

31                            ARTICLE V

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 1  

 2         APPLICATIONS FOR NEW LICENSES.--Upon application for a

 3  license to drive, the licensing authority in a party state

 4  shall ascertain whether the applicant has ever held, or is the

 5  holder of, a license to drive issued by any other party state.

 6  The licensing authority in the state where application is made

 7  shall not issue a license to drive to the applicant if:

 8         (1)  The applicant has held such a license, but the

 9  same has been suspended by reason, in whole or in part, of a

10  violation and if such suspension period has not terminated.

11         (2)  The applicant has held such a license, but the

12  same has been revoked by reason, in whole or in part, of a

13  violation and if such revocation has not terminated, except

14  that after the expiration of 1 year from the date the license

15  was revoked, such person may make application for a new

16  license if permitted by law. The licensing authority may

17  refuse to issue a license to any such applicant if, after

18  investigation, the licensing authority determines that it will

19  not be safe to grant to such person the privilege of driving a

20  motor vehicle on the public highways.

21         (3)  The applicant is the holder of a license to drive

22  issued by another party state and currently in force unless

23  the applicant surrenders such license.

24  

25                            ARTICLE VI

26  

27         APPLICABILITY OF OTHER LAWS.--Except as expressly

28  required by provisions of this compact, nothing contained

29  herein shall be construed to affect the right of any party

30  state to apply any of its other laws relating to licenses to

31  drive to any person or circumstance, nor to invalidate or

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 1  prevent any driver license agreement or other cooperative

 2  arrangement between a party state and a nonparty state.

 3  

 4                           ARTICLE VII

 5  

 6         COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION.--

 7         (1)  The head of the licensing authority of each party

 8  state shall be the administrator of this compact for his or

 9  her state. The administrators, acting jointly, shall have the

10  power to formulate all necessary and proper procedures for the

11  exchange of information under this compact.

12         (2)  The administrator of each party state shall

13  furnish to the administrator of each other party state any

14  information or documents reasonably necessary to facilitate

15  the administration of this compact.

16  

17                           ARTICLE VIII

18  

19         ENTRY INTO FORCE AND WITHDRAWAL.--

20         (1)  This compact shall enter into force and become

21  effective as to any state when it has enacted the same into

22  law.

23         (2)  Any party state may withdraw from this compact by

24  enacting a statute repealing the same, but no such withdrawal

25  shall take effect until 6 months after the executive head of

26  the withdrawing state has given notice of the withdrawal to

27  the executive heads of all other party states. No withdrawal

28  shall affect the validity or applicability by the licensing

29  authorities of states remaining party to the compact of any

30  report of conviction occurring prior to the withdrawal.

31  

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 1                            ARTICLE IX

 2  

 3         CONSTRUCTION AND SEVERABILITY.--This compact shall be

 4  liberally construed so as to effectuate the purposes thereof.

 5  The provisions of this compact shall be severable; and if any

 6  phrase, clause, sentence, or provision of this compact is

 7  declared to be contrary to the constitution of any party state

 8  or of the United States or the applicability thereof to any

 9  government, agency, person, or circumstance is held invalid,

10  the validity of the remainder of this compact and the

11  applicability thereof to any government, agency, person, or

12  circumstance shall not be affected thereby. If this compact

13  shall be held contrary to the constitution of any state party

14  thereto, the compact shall remain in full force and effect as

15  to the remaining states and in full force and effect as to the

16  state affected as to all severable matters.

17         Section 28.  For the purpose of incorporating the

18  amendment to section 316.193, Florida Statutes, in references

19  thereto, subsection (3) of section 322.62, Florida Statutes,

20  is reenacted to read:

21         322.62  Driving under the influence; commercial motor

22  vehicle operators.--

23         (3)  This section does not supersede s. 316.193.

24  Nothing in this section prohibits the prosecution of a person

25  who drives a commercial motor vehicle for driving under the

26  influence of alcohol or controlled substances whether or not

27  such person is also prosecuted for a violation of this

28  section.

29         Section 29.  For the purpose of incorporating the

30  amendment to section 316.193, Florida Statutes, in references

31  

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 1  thereto, paragraph (d) of subsection (2) and subsection (6) of

 2  section 322.63, Florida Statutes, are reenacted to read:

 3         322.63  Alcohol or drug testing; commercial motor

 4  vehicle operators.--

 5         (2)  The chemical and physical tests authorized by this

 6  section shall only be required if a law enforcement officer

 7  has reasonable cause to believe that a person driving a

 8  commercial motor vehicle has any alcohol, chemical substance,

 9  or controlled substance in his or her body.

10         (d)  The administration of one test under paragraph

11  (a), paragraph (b), or paragraph (c) shall not preclude the

12  administration of a different test under paragraph (a),

13  paragraph (b), or paragraph (c). However, a urine test may not

14  be used to determine alcohol concentration and a breath test

15  may not be used to determine the presence of controlled

16  substances or chemical substances in a person's body.

17  Notwithstanding the provisions of this paragraph, in the event

18  a Florida licensee has been convicted in another state for an

19  offense substantially similar to s. 316.193 or to s. 322.62,

20  which conviction was based upon evidence of test results

21  prohibited by this paragraph, that out-of-state conviction

22  shall constitute a conviction for the purposes of this

23  chapter.

24         (6)  Notwithstanding any provision of law pertaining to

25  the confidentiality of hospital records or other medical

26  records, information relating to the alcohol content of a

27  person's blood or the presence of chemical substances or

28  controlled substances in a person's blood obtained pursuant to

29  this section shall be released to a court, prosecuting

30  attorney, defense attorney, or law enforcement officer in

31  

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 1  connection with an alleged violation of s. 316.193 or s.

 2  322.62 upon request for such information.

 3         Section 30.  For the purpose of incorporating the

 4  amendment to section 316.193, Florida Statutes, in references

 5  thereto, subsections (1) and (2), paragraph (a) of subsection

 6  (7), paragraph (b) of subsection (8), and subsections (14) and

 7  (15) of section 322.64, Florida Statutes, are reenacted to

 8  read:

 9         322.64  Holder of commercial driver's license; driving

10  with unlawful blood-alcohol level; refusal to submit to

11  breath, urine, or blood test.--

12         (1)(a)  A law enforcement officer or correctional

13  officer shall, on behalf of the department, disqualify from

14  operating any commercial motor vehicle a person who while

15  operating or in actual physical control of a commercial motor

16  vehicle is arrested for a violation of s. 316.193, relating to

17  unlawful blood-alcohol level or breath-alcohol level, or a

18  person who has refused to submit to a breath, urine, or blood

19  test authorized by s. 322.63 arising out of the operation or

20  actual physical control of a commercial motor vehicle. Upon

21  disqualification of the person, the officer shall take the

22  person's driver's license and issue the person a 10-day

23  temporary permit if the person is otherwise eligible for the

24  driving privilege and shall issue the person a notice of

25  disqualification. If the person has been given a blood,

26  breath, or urine test, the results of which are not available

27  to the officer at the time of the arrest, the agency employing

28  the officer shall transmit such results to the department

29  within 5 days after receipt of the results. If the department

30  then determines that the person was arrested for a violation

31  of s. 316.193 and that the person had a blood-alcohol level or

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 1  breath-alcohol level of 0.08 or higher, the department shall

 2  disqualify the person from operating a commercial motor

 3  vehicle pursuant to subsection (3).

 4         (b)  The disqualification under paragraph (a) shall be

 5  pursuant to, and the notice of disqualification shall inform

 6  the driver of, the following:

 7         1.a.  The driver refused to submit to a lawful breath,

 8  blood, or urine test and he or she is disqualified from

 9  operating a commercial motor vehicle for a period of 1 year,

10  for a first refusal, or permanently, if he or she has

11  previously been disqualified as a result of a refusal to

12  submit to such a test; or

13         b.  The driver violated s. 316.193 by driving with an

14  unlawful blood-alcohol level and he or she is disqualified

15  from operating a commercial motor vehicle for a period of 6

16  months for a first offense or for a period of 1 year if he or

17  she has previously been disqualified, or his or her driving

18  privilege has been previously suspended, for a violation of s.

19  316.193.

20         2.  The disqualification period shall commence on the

21  date of arrest or issuance of notice of disqualification,

22  whichever is later.

23         3.  The driver may request a formal or informal review

24  of the disqualification by the department within 10 days after

25  the date of arrest or issuance of notice of disqualification,

26  whichever is later.

27         4.  The temporary permit issued at the time of arrest

28  or disqualification will expire at midnight of the 10th day

29  following the date of disqualification.

30         5.  The driver may submit to the department any

31  materials relevant to the arrest.

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 1         (2)  Except as provided in paragraph (1)(a), the law

 2  enforcement officer shall forward to the department, within 5

 3  days after the date of the arrest or the issuance of the

 4  notice of disqualification, whichever is later, a copy of the

 5  notice of disqualification, the driver's license of the person

 6  arrested, and a report of the arrest, including, if

 7  applicable, an affidavit stating the officer's grounds for

 8  belief that the person arrested was in violation of s.

 9  316.193; the results of any breath or blood test or an

10  affidavit stating that a breath, blood, or urine test was

11  requested by a law enforcement officer or correctional officer

12  and that the person arrested refused to submit; a copy of the

13  citation issued to the person arrested; and the officer's

14  description of the person's field sobriety test, if any. The

15  failure of the officer to submit materials within the 5-day

16  period specified in this subsection or subsection (1) shall

17  not affect the department's ability to consider any evidence

18  submitted at or prior to the hearing. The officer may also

19  submit a copy of a videotape of the field sobriety test or the

20  attempt to administer such test.

21         (7)  In a formal review hearing under subsection (6) or

22  an informal review hearing under subsection (4), the hearing

23  officer shall determine by a preponderance of the evidence

24  whether sufficient cause exists to sustain, amend, or

25  invalidate the disqualification. The scope of the review shall

26  be limited to the following issues:

27         (a)  If the person was disqualified from operating a

28  commercial motor vehicle for driving with an unlawful

29  blood-alcohol level in violation of s. 316.193:

30         1.  Whether the arresting law enforcement officer had

31  probable cause to believe that the person was driving or in

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 1  actual physical control of a commercial motor vehicle in this

 2  state while he or she had any alcohol, chemical substances, or

 3  controlled substances in his or her body.

 4         2.  Whether the person was placed under lawful arrest

 5  for a violation of s. 316.193.

 6         3.  Whether the person had an unlawful blood-alcohol

 7  level as provided in s. 316.193.

 8         (8)  Based on the determination of the hearing officer

 9  pursuant to subsection (7) for both informal hearings under

10  subsection (4) and formal hearings under subsection (6), the

11  department shall:

12         (b)  Sustain the disqualification for a period of 6

13  months for a violation of s. 316.193 or for a period of 1 year

14  if the person has been previously disqualified from operating

15  a commercial motor vehicle or his or her driving privilege has

16  been previously suspended as a result of a violation of s.

17  316.193. The disqualification period commences on the date of

18  the arrest or issuance of the notice of disqualification,

19  whichever is later.

20         (14)  The decision of the department under this section

21  shall not be considered in any trial for a violation of s.

22  316.193, s. 322.61, or s. 322.62, nor shall any written

23  statement submitted by a person in his or her request for

24  departmental review under this section be admissible into

25  evidence against him or her in any such trial. The disposition

26  of any related criminal proceedings shall not affect a

27  disqualification imposed pursuant to this section.

28         (15)  This section does not preclude the suspension of

29  the driving privilege pursuant to s. 322.2615. The driving

30  privilege of a person who has been disqualified from operating

31  

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 1  a commercial motor vehicle also may be suspended for a

 2  violation of s. 316.193.

 3         Section 31.  For the purpose of incorporating the

 4  amendment to section 316.193, Florida Statutes, in references

 5  thereto, paragraph (f) of subsection (4) of section 323.001,

 6  Florida Statutes, is reenacted to read:

 7         323.001  Wrecker operator storage facilities; vehicle

 8  holds.--

 9         (4)  The requirements for a written hold apply when the

10  following conditions are present:

11         (f)  The vehicle is impounded or immobilized pursuant

12  to s. 316.193 or s. 322.34; or

13         Section 32.  For the purpose of incorporating the

14  amendment to section 316.193, Florida Statutes, in references

15  thereto, subsection (10) of section 397.405, Florida Statutes,

16  is reenacted to read:

17         397.405  Exemptions from licensure.--The following are

18  exempt from the licensing provisions of this chapter:

19         (10)  DUI education and screening services provided

20  pursuant to ss. 316.192, 316.193, 322.095, 322.271, and

21  322.291. Persons or entities providing treatment services must

22  be licensed under this chapter unless exempted from licensing

23  as provided in this section.

24  

25  The exemptions from licensure in this section do not apply to

26  any service provider that receives an appropriation, grant, or

27  contract from the state to operate as a service provider as

28  defined in this chapter or to any substance abuse program

29  regulated pursuant to s. 397.406. Furthermore, this chapter

30  may not be construed to limit the practice of a physician

31  licensed under chapter 458 or chapter 459, a psychologist

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 1  licensed under chapter 490, or a psychotherapist licensed

 2  under chapter 491 who provides substance abuse treatment, so

 3  long as the physician, psychologist, or psychotherapist does

 4  not represent to the public that he or she is a licensed

 5  service provider and does not provide services to clients

 6  pursuant to part V of this chapter. Failure to comply with any

 7  requirement necessary to maintain an exempt status under this

 8  section is a misdemeanor of the first degree, punishable as

 9  provided in s. 775.082 or s. 775.083.

10         Section 33.  For the purpose of incorporating the

11  amendment to section 316.193, Florida Statutes, in references

12  thereto, paragraph (c) of subsection (17) of section 440.02,

13  Florida Statutes, is reenacted to read:

14         440.02  Definitions.--When used in this chapter, unless

15  the context clearly requires otherwise, the following terms

16  shall have the following meanings:

17         (17)

18         (c)  "Employment" does not include service performed by

19  or as:

20         1.  Domestic servants in private homes.

21         2.  Agricultural labor performed on a farm in the

22  employ of a bona fide farmer, or association of farmers, that

23  employs 5 or fewer regular employees and that employs fewer

24  than 12 other employees at one time for seasonal agricultural

25  labor that is completed in less than 30 days, provided such

26  seasonal employment does not exceed 45 days in the same

27  calendar year. The term "farm" includes stock, dairy, poultry,

28  fruit, fur-bearing animals, fish, and truck farms, ranches,

29  nurseries, and orchards. The term "agricultural labor"

30  includes field foremen, timekeepers, checkers, and other farm

31  labor supervisory personnel.

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 1         3.  Professional athletes, such as professional boxers,

 2  wrestlers, baseball, football, basketball, hockey, polo,

 3  tennis, jai alai, and similar players, and motorsports teams

 4  competing in a motor racing event as defined in s. 549.08.

 5         4.  Labor under a sentence of a court to perform

 6  community services as provided in s. 316.193.

 7         5.  State prisoners or county inmates, except those

 8  performing services for private employers or those enumerated

 9  in s. 948.03(8)(a).

10         Section 34.  For the purpose of incorporating the

11  amendment to section 316.193, Florida Statutes, in references

12  thereto, paragraph (b) of subsection (7) of section 440.09,

13  Florida Statutes, is reenacted to read:

14         440.09  Coverage.--

15         (7)

16         (b)  If the employee has, at the time of the injury, a

17  blood alcohol level equal to or greater than the level

18  specified in s. 316.193, or if the employee has a positive

19  confirmation of a drug as defined in this act, it is presumed

20  that the injury was occasioned primarily by the intoxication

21  of, or by the influence of the drug upon, the employee. If the

22  employer has implemented a drug-free workplace, this

23  presumption may be rebutted only by evidence that there is no

24  reasonable hypothesis that the intoxication or drug influence

25  contributed to the injury. In the absence of a drug-free

26  workplace program, this presumption may be rebutted by clear

27  and convincing evidence that the intoxication or influence of

28  the drug did not contribute to the injury. Percent by weight

29  of alcohol in the blood must be based upon grams of alcohol

30  per 100 milliliters of blood. If the results are positive, the

31  testing facility must maintain the specimen for a minimum of

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 1  90 days. Blood serum may be used for testing purposes under

 2  this chapter; however, if this test is used, the presumptions

 3  under this section do not arise unless the blood alcohol level

 4  is proved to be medically and scientifically equivalent to or

 5  greater than the comparable blood alcohol level that would

 6  have been obtained if the test were based on percent by weight

 7  of alcohol in the blood. However, if, before the accident, the

 8  employer had actual knowledge of and expressly acquiesced in

 9  the employee's presence at the workplace while under the

10  influence of such alcohol or drug, the presumptions specified

11  in this subsection do not apply.

12         Section 35.  For the purpose of incorporating the

13  amendment to section 316.193, Florida Statutes, in references

14  thereto, paragraph (d) of subsection (1) of section 493.6106,

15  Florida Statutes, is reenacted to read:

16         493.6106  License requirements; posting.--

17         (1)  Each individual licensed by the department must:

18         (d)  Not be a chronic and habitual user of alcoholic

19  beverages to the extent that her or his normal faculties are

20  impaired; not have been committed under chapter 397, former

21  chapter 396, or a similar law in any other state; not have

22  been found to be a habitual offender under s. 856.011(3) or a

23  similar law in any other state; and not have had two or more

24  convictions under s. 316.193 or a similar law in any other

25  state within the 3-year period immediately preceding the date

26  the application was filed, unless the individual establishes

27  that she or he is not currently impaired and has successfully

28  completed a rehabilitation course.

29         Section 36.  For the purpose of incorporating the

30  amendment to section 316.193, Florida Statutes, in references

31  

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 1  thereto, subsection (4) of section 627.758, Florida Statutes,

 2  is reenacted to read:

 3         627.758  Surety on auto club traffic arrest bond;

 4  conditions, limit; bail bond.--

 5         (4)  Notwithstanding the provisions of s. 626.311 or

 6  chapter 648, any surety insurer identified in a guaranteed

 7  traffic arrest bond certificate or any licensed general lines

 8  agent of the surety insurer may execute a bail bond for the

 9  automobile club or association member identified in the

10  guaranteed traffic arrest bond certificate in an amount not in

11  excess of $5,000 for any violation of chapter 316 or any

12  similar traffic law or ordinance except for driving under the

13  influence of alcoholic beverages, chemical substances, or

14  controlled substances, as prohibited by s. 316.193.

15         Section 37.  For the purpose of incorporating the

16  amendment to section 316.193, Florida Statutes, in references

17  thereto, paragraph (f) of subsection (2) and paragraph (f) of

18  subsection (10) of section 790.06, Florida Statutes, are

19  reenacted to read:

20         790.06  License to carry concealed weapon or firearm.--

21         (2)  The Department of Agriculture and Consumer

22  Services shall issue a license if the applicant:

23         (f)  Does not chronically and habitually use alcoholic

24  beverages or other substances to the extent that his or her

25  normal faculties are impaired. It shall be presumed that an

26  applicant chronically and habitually uses alcoholic beverages

27  or other substances to the extent that his or her normal

28  faculties are impaired if the applicant has been committed

29  under chapter 397 or under the provisions of former chapter

30  396 or has been convicted under s. 790.151 or has been deemed

31  a habitual offender under s. 856.011(3), or has had two or

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 1  more convictions under s. 316.193 or similar laws of any other

 2  state, within the 3-year period immediately preceding the date

 3  on which the application is submitted;

 4         (10)  A license issued under this section shall be

 5  suspended or revoked pursuant to chapter 120 if the licensee:

 6         (f)  Is convicted of a second violation of s. 316.193,

 7  or a similar law of another state, within 3 years of a

 8  previous conviction of such section, or similar law of another

 9  state, even though the first violation may have occurred prior

10  to the date on which the application was submitted;

11         Section 38.  For the purpose of incorporating the

12  amendment to section 316.193, Florida Statutes, in references

13  thereto, subsection (2) of section 903.36, Florida Statutes,

14  is reenacted to read:

15         903.36  Guaranteed arrest bond certificates as cash

16  bail.--

17         (2)  The execution of a bail bond by a licensed general

18  lines agent of a surety insurer for the automobile club or

19  association member identified in the guaranteed traffic arrest

20  bond certificate, as provided in s. 627.758(4), shall be

21  accepted as bail in an amount not to exceed $5,000 for the

22  appearance of the person named in the certificate in any court

23  to answer for the violation of a provision of chapter 316 or a

24  similar traffic law or ordinance, except driving under the

25  influence of alcoholic beverages, chemical substances, or

26  controlled substances, as prohibited by s. 316.193.

27  Presentation of the guaranteed traffic arrest bond certificate

28  and a power of attorney from the surety insurer for its

29  licensed general lines agents is authorization for such agent

30  to execute the bail bond.

31  

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 1         Section 39.  For the purpose of incorporating the

 2  amendment to section 316.193, Florida Statutes, in references

 3  thereto, paragraph (c) of subsection (4) of section 907.041,

 4  Florida Statutes, is reenacted to read:

 5         907.041  Pretrial detention and release.--

 6         (4)  PRETRIAL DETENTION.--

 7         (c)  The court may order pretrial detention if it finds

 8  a substantial probability, based on a defendant's past and

 9  present patterns of behavior, the criteria in s. 903.046, and

10  any other relevant facts, that any of the following

11  circumstances exists:

12         1.  The defendant has previously violated conditions of

13  release and that no further conditions of release are

14  reasonably likely to assure the defendant's appearance at

15  subsequent proceedings;

16         2.  The defendant, with the intent to obstruct the

17  judicial process, has threatened, intimidated, or injured any

18  victim, potential witness, juror, or judicial officer, or has

19  attempted or conspired to do so, and that no condition of

20  release will reasonably prevent the obstruction of the

21  judicial process;

22         3.  The defendant is charged with trafficking in

23  controlled substances as defined by s. 893.135, that there is

24  a substantial probability that the defendant has committed the

25  offense, and that no conditions of release will reasonably

26  assure the defendant's appearance at subsequent criminal

27  proceedings; or

28         4.  The defendant is charged with DUI manslaughter, as

29  defined by s. 316.193, and that there is a substantial

30  probability that the defendant committed the crime and that

31  the defendant poses a threat of harm to the community;

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 1  conditions that would support a finding by the court pursuant

 2  to this subparagraph that the defendant poses a threat of harm

 3  to the community include, but are not limited to, any of the

 4  following:

 5         a.  The defendant has previously been convicted of any

 6  crime under s. 316.193, or of any crime in any other state or

 7  territory of the United States that is substantially similar

 8  to any crime under s. 316.193;

 9         b.  The defendant was driving with a suspended driver's

10  license when the charged crime was committed; or

11         c.  The defendant has previously been found guilty of,

12  or has had adjudication of guilt withheld for, driving while

13  the defendant's driver's license was suspended or revoked in

14  violation of s. 322.34;

15         5.  The defendant poses the threat of harm to the

16  community. The court may so conclude, if it finds that the

17  defendant is presently charged with a dangerous crime, that

18  there is a substantial probability that the defendant

19  committed such crime, that the factual circumstances of the

20  crime indicate a disregard for the safety of the community,

21  and that there are no conditions of release reasonably

22  sufficient to protect the community from the risk of physical

23  harm to persons.

24         6.  The defendant was on probation, parole, or other

25  release pending completion of sentence or on pretrial release

26  for a dangerous crime at the time the current offense was

27  committed; or

28         7.  The defendant has violated one or more conditions

29  of pretrial release or bond for the offense currently before

30  the court and the violation, in the discretion of the court,

31  supports a finding that no conditions of release can

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 1  reasonably protect the community from risk of physical harm to

 2  persons or assure the presence of the accused at trial.

 3         Section 40.  For the purpose of incorporating the

 4  amendments to sections 316.193 and 327.35, Florida Statutes,

 5  in references thereto, section 938.07, Florida Statutes, is

 6  reenacted to read:

 7         938.07  Driving or boating under the

 8  influence.--Notwithstanding any other provision of s. 316.193

 9  or s. 327.35, a court cost of $135 shall be added to any fine

10  imposed pursuant to s. 316.193 or s. 327.35. The clerks shall

11  remit the funds to the Department of Revenue, $25 of which

12  shall be deposited in the Emergency Medical Services Trust

13  Fund, $50 shall be deposited in the Criminal Justice Standards

14  and Training Trust Fund of the Department of Law Enforcement

15  to be used for operational expenses in conducting the

16  statewide criminal analysis laboratory system established in

17  s. 943.32, and $60 shall be deposited in the Brain and Spinal

18  Cord Injury Rehabilitation Trust Fund created in s. 381.79.

19         Section 41.  For the purpose of incorporating the

20  amendment to section 316.193, Florida Statutes, in references

21  thereto, section 938.21, Florida Statutes, is reenacted to

22  read:

23         938.21  Alcohol and drug abuse

24  programs.--Notwithstanding any provision to the contrary of

25  the laws of this state, the court may assess for alcohol and

26  other drug abuse programs as provided in s. 893.165 any

27  defendant who pleads guilty or nolo contendere to, or is

28  convicted of, a violation of any provision of chapter 893 or

29  which involves a criminal violation of s. 316.193, s. 856.011,

30  s. 856.015, or chapter 562, chapter 567, or chapter 568, in

31  addition to any fine and other penalty provided by law, a

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 1  court cost in an amount up to the amount of the fine

 2  authorized for the violation. The court is authorized to order

 3  a defendant to pay an additional assessment if it finds that

 4  the defendant has the ability to pay the fine and the

 5  additional assessment and will not be prevented thereby from

 6  being rehabilitated or from making restitution.

 7         Section 42.  For the purpose of incorporating the

 8  amendment to section 316.193, Florida Statutes, in references

 9  thereto, subsection (1) of section 938.23, Florida Statutes,

10  is reenacted to read:

11         938.23  Assistance grants for alcohol and other drug

12  abuse programs.--

13         (1)  In addition to any fine imposed by law for any

14  criminal offense under chapter 893 or for any criminal

15  violation of s. 316.193, s. 856.011, s. 856.015, or chapter

16  562, chapter 567, or chapter 568, the court shall be

17  authorized, pursuant to the requirements of s. 938.21, to

18  impose an additional assessment in an amount up to the amount

19  of the fine authorized for the offense. Such additional

20  assessments shall be deposited for the purpose of providing

21  assistance grants to drug abuse treatment or alcohol treatment

22  or education programs as provided in s. 893.165.

23         Section 43.  For the purpose of incorporating the

24  amendment to section 316.193, Florida Statutes, in references

25  thereto, paragraph (d) of subsection (2) of section 943.05,

26  Florida Statutes, is reenacted to read:

27         943.05  Criminal Justice Information Program; duties;

28  crime reports.--

29         (2)  The program shall:

30         (d)  Adopt rules to effectively and efficiently

31  implement, administer, manage, maintain, and use the automated

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 1  fingerprint identification system and uniform offense reports

 2  and arrest reports. The rules shall be considered minimum

 3  requirements and shall not preclude a criminal justice agency

 4  from implementing its own enhancements. However, rules and

 5  forms prescribing uniform arrest or probable cause affidavits

 6  and alcohol influence reports to be used by all law

 7  enforcement agencies in making DUI arrests under s. 316.193

 8  shall be adopted, and shall be used by all law enforcement

 9  agencies in this state. The rules and forms prescribing such

10  uniform affidavits and reports shall be adopted and

11  implemented by July 1, 2004. Failure to use these uniform

12  affidavits and reports, however, shall not prohibit

13  prosecution under s. 316.193.

14         Section 44.  For the purpose of incorporating the

15  amendment to section 316.193, Florida Statutes, in references

16  thereto, paragraph (b) of subsection (8) of section 948.03,

17  Florida Statutes, is reenacted to read:

18         948.03  Terms and conditions of probation or community

19  control.--

20         (8)

21         (b)  In determining the average weekly wage, unless

22  otherwise determined by a specific funding program, all

23  remuneration received from the employer shall be considered a

24  gratuity, and the offender shall not be entitled to any

25  benefits otherwise payable under s. 440.15, regardless of

26  whether the offender may be receiving wages and remuneration

27  from other employment with another employer and regardless of

28  his or her future wage-earning capacity. The provisions of

29  this subsection do not apply to any person performing labor

30  under a sentence of a court to perform community services as

31  provided in s. 316.193.

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 1         Section 45.  For the purpose of incorporating the

 2  amendment made to section 316.193, Florida Statutes, in a

 3  reference thereto, subsection (2) of section 948.036, Florida

 4  Statutes, is reenacted to read:

 5         948.036  Work programs as a condition of probation,

 6  community control, or other court-ordered community

 7  supervision.--

 8         (2)  In determining the average weekly wage, unless

 9  otherwise determined by a specific funding program, all

10  remuneration received from the employer shall be considered a

11  gratuity, and the offender shall not be entitled to any

12  benefits otherwise payable under s. 440.15, regardless of

13  whether the offender may be receiving wages and remuneration

14  from other employment with another employer and regardless of

15  his or her future wage-earning capacity. The provisions of

16  this section do not apply to any person performing labor under

17  a sentence of a court to perform community services as

18  provided in s. 316.193.

19         Section 46.  For the purpose of incorporating the

20  amendment to section 316.193, Florida Statutes, in references

21  thereto, paragraph (b) of subsection (3) of section 960.03,

22  Florida Statutes, is reenacted to read:

23         960.03  Definitions; ss. 960.01-960.28.--As used in ss.

24  960.01-960.28, unless the context otherwise requires, the

25  term:

26         (3)  "Crime" means:

27         (b)  A violation of s. 316.193, s. 316.027(1), s.

28  327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results

29  in physical injury or death; however, no other act involving

30  the operation of a motor vehicle, boat, or aircraft which

31  results in injury or death shall constitute a crime for the

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 1  purpose of this chapter unless the injury or death was

 2  intentionally inflicted through the use of such vehicle, boat,

 3  or aircraft or unless such vehicle, boat, or aircraft is an

 4  implement of a crime to which this act applies.

 5         Section 47.  For the purpose of incorporating the

 6  amendment to section 327.35, Florida Statutes, in references

 7  thereto, subsection (3) of section 327.352, Florida Statutes,

 8  is reenacted to read:

 9         327.352  Tests for alcohol, chemical substances, or

10  controlled substances; implied consent; refusal.--

11         (3)  Notwithstanding any provision of law pertaining to

12  the confidentiality of hospital records or other medical

13  records, information relating to the alcoholic content of the

14  blood or breath or the presence of chemical substances or

15  controlled substances in the blood obtained pursuant to this

16  section shall be released to a court, prosecuting attorney,

17  defense attorney, or law enforcement officer in connection

18  with an alleged violation of s. 327.35 upon request for such

19  information.

20         Section 48.  For the purpose of incorporating the

21  amendment to section 327.35, Florida Statutes, in references

22  thereto, subsections (1) and (2) of section 327.35215, Florida

23  Statutes, are reenacted to read:

24         327.35215  Penalty for failure to submit to test.--

25         (1)  A person who is lawfully arrested for an alleged

26  violation of s. 327.35 and who refuses to submit to a blood

27  test, breath test, or urine test pursuant to s. 327.352 is

28  subject to a civil penalty of $500.

29         (2)  When a person refuses to submit to a blood test,

30  breath test, or urine test pursuant to s. 327.352, a law

31  enforcement officer who is authorized to make arrests for

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 1  violations of this chapter shall file with the clerk of the

 2  court, on a form provided by the department, a certified

 3  statement that probable cause existed to arrest the person for

 4  a violation of s. 327.35 and that the person refused to submit

 5  to a test as required by s. 327.352. Along with the statement,

 6  the officer must also submit a sworn statement on a form

 7  provided by the department that the person has been advised of

 8  both the penalties for failure to submit to the blood, breath,

 9  or urine test and the procedure for requesting a hearing.

10         Section 49.  For the purpose of incorporating the

11  amendment to section 327.35, Florida Statutes, in references

12  thereto, subsection (4) of section 327.353, Florida Statutes,

13  is reenacted to read:

14         327.353  Blood test for impairment or intoxication in

15  cases of death or serious bodily injury; right to use

16  reasonable force.--

17         (4)  Notwithstanding any provision of law pertaining to

18  the confidentiality of hospital records or other medical

19  records, information relating to the alcoholic content of the

20  blood or the presence of chemical substances or controlled

21  substances in the blood obtained pursuant to this section

22  shall be released to a court, prosecuting attorney, defense

23  attorney, or law enforcement officer in connection with an

24  alleged violation of s. 327.35 upon request for such

25  information.

26         Section 50.  For the purpose of incorporating the

27  amendment to section 327.35, Florida Statutes, in references

28  thereto, subsections (1) and (4) of section 327.354, Florida

29  Statutes, are reenacted to read:

30         327.354  Presumption of impairment; testing methods.--

31  

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 1         (1)  It is unlawful and punishable as provided in s.

 2  327.35 for any person who is under the influence of alcoholic

 3  beverages or controlled substances, when affected to the

 4  extent that the person's normal faculties are impaired or to

 5  the extent that the person is deprived of full possession of

 6  normal faculties, to operate any vessel within this state.

 7  Such normal faculties include, but are not limited to, the

 8  ability to see, hear, walk, talk, judge distances, drive an

 9  automobile, make judgments, act in emergencies, and, in

10  general, normally perform the many mental and physical acts of

11  daily life.

12         (4)  Any person charged with a violation of s. 327.35

13  is entitled to trial by jury according to the Florida Rules of

14  Criminal Procedure.

15         Section 51.  For the purpose of incorporating the

16  amendment to section 327.35, Florida Statutes, in references

17  thereto, paragraph (a) of subsection (1) and subsection (4) of

18  section 327.355, Florida Statutes, are reenacted to read:

19         327.355  Operation of vessels by persons under 21 years

20  of age who have consumed alcoholic beverages.--

21         (1)(a)  Notwithstanding s. 327.35, it is unlawful for a

22  person under the age of 21 who has a breath-alcohol level of

23  0.02 or higher to operate or be in actual physical control of

24  a vessel.

25         (4)  A violation of this section is a noncriminal

26  infraction, and being detained pursuant to this section does

27  not constitute an arrest. This section does not bar

28  prosecution under s. 327.35, and the penalties provided herein

29  shall be imposed in addition to any other penalty provided for

30  boating under the influence or for refusal to submit to

31  testing.

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 1         Section 52.  For the purpose of incorporating the

 2  amendment to section 327.35, Florida Statutes, in references

 3  thereto, subsection (2) of section 327.359, Florida Statutes,

 4  is reenacted to read:

 5         327.359  Refusal to submit to testing; penalties.--Any

 6  person who has refused to submit to a chemical or physical

 7  test of his or her breath, blood, or urine, as described in s.

 8  327.352, and who has been previously fined for refusal to

 9  submit to a lawful test of his or her breath, urine, or blood,

10  and:

11         (2)  Who was placed under lawful arrest for a violation

12  of s. 327.35 unless such test was requested pursuant to s.

13  327.352(1)(c);

14  

15  commits a misdemeanor of the first degree and is subject to

16  punishment as provided in s. 775.082 or s. 775.083.

17         Section 53.  For the purpose of incorporating the

18  amendment to section 327.35, Florida Statutes, in references

19  thereto, section 327.36, Florida Statutes, is reenacted to

20  read:

21         327.36  Mandatory adjudication; prohibition against

22  accepting plea to lesser included offense.--

23         (1)  Notwithstanding the provisions of s. 948.01, no

24  court may suspend, defer, or withhold adjudication of guilt or

25  imposition of sentence for any violation of s. 327.35, for

26  manslaughter resulting from the operation of a vessel, or for

27  vessel homicide.

28         (2)(a)  No trial judge may accept a plea of guilty to a

29  lesser offense from a person who is charged with a violation

30  of s. 327.35, manslaughter resulting from the operation of a

31  vessel, or vessel homicide and who has been given a breath or

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 1  blood test to determine blood or breath alcohol content, the

 2  results of which show a blood-alcohol level or breath-alcohol

 3  level of 0.16 or more.

 4         (b)  A trial judge may not accept a plea of guilty to a

 5  lesser offense from a person charged with a felony violation

 6  of s. 327.35, manslaughter resulting from the operation of a

 7  vessel, or vessel homicide.

 8         Section 54.  This act shall take effect October 1,

 9  2005.

10  

11            *****************************************

12                          SENATE SUMMARY

13    Revises the level of alcohol content in blood or breath
      at which certain penalties apply for the offense of
14    driving under the influence. Revises the level of alcohol
      content in blood or breath at which the prohibition
15    against accepting a plea to a lesser offense applies.
      Revises the level of alcohol content in blood or breath
16    at which certain penalties apply for the offense of
      boating under the influence.
17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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