Florida Senate - 2010 CS for SB 924 By the Committee on Transportation; and Senator Wise 596-03691-10 2010924c1 1 A bill to be entitled 2 An act relating to driving under the influence; 3 amending s. 322.28, F.S.; deleting a requirement for 4 permanent revocation of the driver’s license or 5 driving privilege of a person who has been convicted 6 four times for violating specified offenses of driving 7 under the influence; providing that a person who has 8 been convicted three times for violating specified 9 offenses of driving under the influence may obtain a 10 driver’s license upon satisfying certain conditions; 11 providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraphs (a) and (e) of subsection (2) of 16 section 322.28, Florida Statutes, are amended, and paragraph (f) 17 is added to that subsection, to read: 18 322.28 Period of suspension or revocation.— 19 (2) In a prosecution for a violation of s. 316.193 or 20 former s. 316.1931, the following provisions apply: 21 (a) Upon conviction of the driver, the court, along with 22 imposing sentence, shall revoke the driver’s license or driving 23 privilege of the person so convicted, effective on the date of 24 conviction, and shall prescribe the period of such revocation in 25 accordance with the following provisions: 26 1. Upon a first conviction for a violation of the 27 provisions of s. 316.193, except a violation resulting in death, 28 the driver’s license or driving privilege shall be revoked for 29 not less than 180 days or more than 1 year. 30 2. Upon a second conviction for an offense that occurs 31 within a period of 5 years after the date of a prior conviction 32 for a violation of the provisions of s. 316.193 or former s. 33 316.1931 or a combination of such sections, the driver’s license 34 or driving privilege shall be revoked for not less than 5 years. 35 3. Upon a third or subsequent conviction for an offense 36 that occurs within a period of 10 years after the date of a 37 prior conviction for the violation of the provisions of s. 38 316.193 or former s. 316.1931 or a combination of such sections, 39 the driver’s license or driving privilege shall be revoked for 40 not less than 10 years. 41 42 For the purposes of this paragraph, a previous conviction 43 outside this state for driving under the influence, driving 44 while intoxicated, driving with an unlawful blood-alcohol level, 45 or any other alcohol-related or drug-related traffic offense 46 similar to the offense of driving under the influence as 47 proscribed by s. 316.193 will be considered a previous 48 conviction for violation of s. 316.193, and a conviction for 49 violation of former s. 316.028, former s. 316.1931, or former s. 50 860.01 is considered a conviction for violation of s. 316.193. 51 (e)
The court shall permanently revoke the driver’s license52 or driving privilege of a person who has been convicted four53 times for violation of s. 316.193 or former s. 316.1931 or a54 combination of such sections.The court shall permanently revoke 55 the driver’s license or driving privilege of any person who has 56 been convicted of DUI manslaughter in violation of s. 316.193. 57 If the court has not permanently revoked such driver’s license 58 or driving privilege within 30 days after imposing sentence, the 59 department shall permanently revoke the driver’s license or 60 driving privilege pursuant to this paragraph. No driver’s 61 license or driving privilege may be issued or granted to any 62 such person. This paragraph applies only if at least one of the 63 convictions for violation of s. 316.193 or former s. 316.1931 64 was for a violation that occurred after July 1, 1982. For the 65 purposes of this paragraph, a conviction for violation of former 66 s. 316.028, former s. 316.1931, or former s. 860.01 is also 67 considered a conviction for violation of s. 316.193. Also, a 68 conviction of driving under the influence, driving while 69 intoxicated, driving with an unlawful blood-alcohol level, or 70 any other similar alcohol-related or drug-related traffic 71 offense outside this state is considered a conviction for the 72 purposes of this paragraph. 73 (f)1. A person who has been convicted three or more times 74 of a violation of s. 316.193 or former s. 316.1931 or a 75 combination of such sections may obtain a driver’s license only 76 upon satisfying the following conditions: 77 a. At least 5 years have passed since the applicant’s most 78 recent violation. 79 b. The applicant has not been convicted of driving with a 80 suspended or revoked license. 81 c. The applicant has completed within the last 6 months a 82 driver improvement course and a DUI program pursuant to s. 83 316.193(5). 84 2. A person receiving a license under this paragraph shall 85 be required to install an ignition interlock device approved by 86 the department in accordance with s. 316.1938 for a period of 87 not less than 5 continuous years and be subject to special 88 supervision requirements under ss. 322.271 and 322.292 and rules 89 adopted pursuant thereto. 90 Section 2. This act shall take effect July 1, 2010.