Senate Bill sb0616
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Florida Senate - 2007 SB 616
By Senator Crist
12-421A-07
1 A bill to be entitled
2 An act relating to traffic offenses; creating
3 s. 322.2645, F.S.; requiring the Department of
4 Highway Safety and Motor Vehicles to create an
5 Internet database of certain habitual traffic
6 offenders; specifying requirements for the
7 database; providing the department and its
8 agents immunity from certain civil actions
9 concerning the database; providing that in
10 certain circumstances concerning the database
11 the department and its agents are presumed to
12 have acted in good faith; creating s. 322.294,
13 F.S.; requiring the department to develop a
14 publication regarding the requirements
15 concerning the restoration of various
16 driving-related privileges following an arrest
17 or conviction for driving under the influence
18 of alcohol or drugs; requiring the department
19 to post the publication on its website and
20 distribute it to the courts and various
21 executive officers and enforcing entities;
22 providing for distribution of the publication
23 by courts and such officers or entities to
24 persons charged with or convicted of driving
25 under the influence of alcohol or drugs;
26 providing an effective date.
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28 Be It Enacted by the Legislature of the State of Florida:
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30 Section 1. Section 322.2645, Florida Statutes, is
31 created to read:
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Florida Senate - 2007 SB 616
12-421A-07
1 322.2645 Database of habitual traffic offenders.--
2 (1) The department shall make identification
3 information concerning habitual traffic offenders as defined
4 in s. 322.264, whose licenses have been suspended or revoked
5 and not subsequently reinstated, available to the public
6 through an Internet database. The database must be searchable
7 by the public and must include the capability of searching for
8 offenders by zip code.
9 (2) The department may not include information in the
10 database which is confidential and exempt from public
11 disclosure under s. 119.07(1) and s. 24(a), Art. I of the
12 State Constitution.
13 (3) The department, its personnel, and any individual
14 or entity acting at the request or upon the direction of the
15 department are immune from civil liability for damages for
16 good-faith compliance with this section and are presumed to
17 have acted in good faith when reporting information as
18 required by this section. The presumption of good faith is not
19 overcome if the department, its personnel, or any individual
20 or entity acting at the request or upon the direction of the
21 department:
22 (a) Makes technical or clerical errors in reporting
23 the information;
24 (b) Reports information that was falsely reported
25 without the knowledge of the department, its personnel, or
26 such individual or entity; or
27 (c) Cannot report the information as required by this
28 section because it was not provided to the department as
29 required by law.
30 Section 2. Section 322.294, Florida Statutes, is
31 created to read:
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Florida Senate - 2007 SB 616
12-421A-07
1 322.294 Information concerning reinstatement of
2 certain driving privileges.--
3 (1) The department shall develop and distribute a
4 publication to inform each person whose driver's license is
5 suspended under s. 322.2615 or s. 322.2616 or suspended or
6 temporarily revoked for a violation of s. 316.193, or who is
7 disqualified from operating a commercial motor vehicle for a
8 violation of s. 322.61(3)(a), (b), or (f) or s. 322.62,
9 concerning whether he or she may requalify for a driver's
10 license or commercial motor vehicle license and the
11 requirements that must be met in order to requalify.
12 (2) Each court that convicts a person of violating s.
13 316.193 or s. 322.62, each law enforcement officer or
14 correctional officer who suspends the driving privilege of a
15 person under s. 322.2615 or s. 322.2616, and each entity who
16 disqualifies a person from operating a commercial vehicle for
17 a violation of s. 322.61(3)(a), (b), or (f) shall, at the time
18 of such a conviction, suspension, or disqualification, provide
19 the person with a copy of the publication created under
20 subsection (1).
21 (3) The department shall post the publication created
22 under subsection (1) on its Internet website and make copies
23 of the publication available to each court that adjudicates
24 violations of s. 316.193 or s. 322.62, to each law enforcement
25 or correctional officer authorized to suspend licenses under
26 s. 322.2615 or s. 322.2616, and to each entity authorized to
27 disqualify a person from operating a commercial motor vehicle
28 for a violation of s. 322.61(3)(a), (b), or (f).
29 Section 3. This act shall take effect October 1, 2007.
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Florida Senate - 2007 SB 616
12-421A-07
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2 SENATE SUMMARY
3 Requires the Department of Highway Safety and Motor
Vehicles to create an Internet database of certain
4 habitual traffic offenders. Immunizes the department and
its agents from certain civil actions concerning the
5 database. Creates a presumption, in certain circumstances
concerning the database, that the department and its
6 agents acted in good faith. Requires the department
develop a publication concerning the requirements for
7 restoring various driving privileges after arrest or
conviction for driving under the influence of alcohol or
8 drugs. Requires posting of the publication on the
department's website. Requires distribution of the
9 publication by the courts and various enforcing officers
or entities.
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