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The Committee on Transportation and Economic Development

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Appropriations (Webster) recommended the following substitute for

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amendment (354226):

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     Senate Amendment

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     Delete line(s) 2198-2226

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and insert:

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(8)  Based on the determination of the hearing officer

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pursuant to subsection (7) for both informal hearings under

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

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department shall:

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     (a)  Sustain the disqualification for a period of 1 year for

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a first refusal, or permanently if such person has been

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previously disqualified from operating a commercial motor vehicle

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as a result of a refusal to submit to such tests. The

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disqualification period commences on the date of the arrest or

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issuance of the notice of disqualification, whichever is later.

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     (b) Sustain the disqualification:

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     1. For a period of 6 months if the person was driving or in

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actual physical control of a commercial motor vehicle, or any

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motor vehicle if the driver holds a commercial driver's license,

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and had an unlawful blood-alcohol level or breath-alcohol level

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of 0.08 or higher; for a violation of s. 316.193 or

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2. For for a period of 1 year if the person has been

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previously disqualified from operating a commercial motor vehicle

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or his or her driving privilege has been previously suspended for

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driving or being in actual physical control of a commercial motor

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vehicle, or any motor vehicle if the driver holds a commercial

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driver's license, and had an unlawful blood-alcohol level or

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breath-alcohol level of 0.08 or higher as a result of a violation

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of s. 316.193.

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The disqualification period commences on the date of the arrest

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or issuance of the notice of disqualification, whichever is

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later.

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4/10/2008  10:07:00 AM     TR.TA.07299