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A bill to be entitled

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An act relating to the right to review the suspension of a

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driver's license; amending s. 316.193, F.S.; authorizing a

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person whose driver's license has been suspended by the

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Department of Highway Safety and Motor Vehicles for

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driving under the influence to request that the circuit

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court conduct a judicial hearing, in lieu of an informal

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administrative review, to determine if the department's

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decision is supported by a preponderance of the evidence;

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providing an effective date.

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

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     Section 1.  Subsection (8) of section 316.193, Florida

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Statutes, is amended to read:

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     316.193  Driving under the influence; penalties.--

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

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

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clerk shall provide any person charged with a violation of this

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section with notice that upon conviction the court shall suspend

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

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should make arrangements for transportation at any proceeding in

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which the court may take such action. Failure to provide such

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notice does not affect the court's suspension or revocation of

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the offender's driver's license.

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     (b) Notwithstanding any other law, the clerk of the court

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shall notify the person charged with a violation of this section

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that he or she may request the circuit court to conduct a hearing

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at the arraignment, in lieu of the person participating in an

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informal administrative hearing conducted by the department

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pursuant to s. 322.2615(4), to determine whether the department's

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decision to suspend the person's driver's license is supported by

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a preponderance of the evidence.

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     Section 2.  This act shall take effect July 1, 2008.