| 1 | The Transportation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to license plates; requiring a driver |
| 7 | whose driving privileges are restricted because of a |
| 8 | conviction related to driving under the influence to have |
| 9 | a DUI plate on any vehicle that he or she operates; |
| 10 | providing for the Department of Highway Safety and Motor |
| 11 | Vehicles to develop such a plate; providing requirements |
| 12 | for such a plate; providing an annual surcharge for the |
| 13 | plate; providing for the use of such surcharge; amending |
| 14 | s. 322.271, F.S.; requiring that a person whose driving |
| 15 | privilege has been revoked under a specified provision |
| 16 | only be granted restricted driving privileges on the |
| 17 | condition that he or she operates only a vehicle that |
| 18 | displays a DUI license plate; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. (1) The Department of Highway Safety and Motor |
| 23 | Vehicles shall develop a DUI license plate that must be |
| 24 | displayed on any vehicle that is operated by a person whose |
| 25 | driving privileges are restricted pursuant to s. 322.271, |
| 26 | Florida Statutes, because of a conviction related to driving |
| 27 | under the influence in violation of s. 316.193, Florida |
| 28 | Statutes. |
| 29 | (2) The plate shall be a bright coral color that is easily |
| 30 | distinguishable from other plates issued in this state. The word |
| 31 | "Florida" must appear at the top of the plate, and the first |
| 32 | three letters in the alphanumeric numbering system used on the |
| 33 | plate must be "DUI". |
| 34 | (3) In addition to the other license plate fees and |
| 35 | charges collected, an annual surcharge of $20 shall be collected |
| 36 | for each DUI plate. The proceeds from the surcharge shall be |
| 37 | deposited into the Trauma Services Trust Fund created by s. |
| 38 | 395.4035, Florida Statutes, and used for purposes provided in |
| 39 | that section. |
| 40 | Section 2. Subsection (1) of section 322.271, Florida |
| 41 | Statutes, is amended to read: |
| 42 | 322.271 Authority to modify revocation, cancellation, or |
| 43 | suspension order.-- |
| 44 | (1)(a) Upon the suspension, cancellation, or revocation of |
| 45 | the driver's license of any person as authorized or required in |
| 46 | this chapter, except a person whose license is revoked as a |
| 47 | habitual traffic offender under s. 322.27(5) or a person who is |
| 48 | ineligible to be granted the privilege of driving on a limited |
| 49 | or restricted basis under subsection (2), the department shall |
| 50 | immediately notify the licensee and, upon his or her request, |
| 51 | shall afford him or her an opportunity for a hearing pursuant to |
| 52 | chapter 120, as early as practicable within not more than 30 |
| 53 | days after receipt of such request, in the county wherein the |
| 54 | licensee resides, unless the department and the licensee agree |
| 55 | that such hearing may be held in some other county. |
| 56 | (b) A person whose driving privilege has been revoked |
| 57 | under s. 322.27(5) may, upon expiration of 12 months from the |
| 58 | date of such revocation, petition the department for |
| 59 | reinstatement of his or her driving privilege. Upon such |
| 60 | petition and after investigation of the person's qualification, |
| 61 | fitness, and need to drive, the department shall hold a hearing |
| 62 | pursuant to chapter 120 to determine whether the driving |
| 63 | privilege shall be reinstated on a restricted basis solely for |
| 64 | business or employment purposes. |
| 65 | (c) For the purposes of this section, the term: |
| 66 | 1. "A driving privilege restricted to business purposes |
| 67 | only" means a driving privilege that is limited to any driving |
| 68 | necessary to maintain livelihood, including driving to and from |
| 69 | work, necessary on-the-job driving, driving for educational |
| 70 | purposes, and driving for church and for medical purposes. |
| 71 | 2. "A driving privilege restricted to employment purposes |
| 72 | only" means a driving privilege that is limited to driving to |
| 73 | and from work and any necessary on-the-job driving required by |
| 74 | an employer or occupation. |
| 75 |
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| 76 | Driving for any purpose other than as provided by this paragraph |
| 77 | is not permitted by a person whose driving privilege has been |
| 78 | restricted to employment or business purposes. In addition, a |
| 79 | person whose driving privilege is restricted to employment or |
| 80 | business purposes remains subject to any restriction that |
| 81 | applied to the type of license which the person held at the time |
| 82 | of the order of suspension, cancellation, or revocation. As a |
| 83 | condition of the issuance of restricted driving privileges, the |
| 84 | department shall also restrict a person whose driving privilege |
| 85 | has been revoked under s. 322.28(2) to operating only a vehicle |
| 86 | that displays a DUI license plate. |
| 87 | Section 3. This act shall take effect July 1, 2006. |