Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 796
Barcode 144980
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
03/25/2013 .
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The Committee on Transportation (Diaz de la Portilla)
recommended the following:
1 Senate Amendment (with title amendment)
2 Delete everything after the enacting clause
3 and insert:
4 Section 1. Subsections (1), (2), and (4) and paragraphs (b)
5 and (c) of subsection (6) of section 316.193, Florida Statutes,
6 are amended to read:
7 316.193 Driving under the influence; penalties.—
8 (1) A person commits is guilty of the offense of driving
9 under the influence and is subject to punishment as provided in
10 subsection (2) if the person is driving or in actual physical
11 control of a vehicle within this state and:
12 (a) The person is under the influence of alcoholic
13 beverages, any chemical substance set forth in s. 877.111, or
14 any substance controlled under chapter 893, when affected to the
15 extent that the person’s normal faculties are impaired;
16 (b) The person has a blood-alcohol level of 0.08 or more
17 grams of alcohol per 100 milliliters of blood; or
18 (c) The person has a breath-alcohol level of 0.08 or more
19 grams of alcohol per 210 liters of breath.
20 (2)(a) Except as provided in paragraph (b), subsection (3),
21 or subsection (4), any person who is convicted of a violation of
22 subsection (1) shall be punished:
23 1. By a fine of:
24 a. At least Not less than $500 but not or more than $1,000
25 for a first conviction.
26 b. At least Not less than $1,000 but not or more than
27 $2,000 for a second conviction; and
28 2. By imprisonment for:
29 a. Not more than 6 months for a first conviction.
30 b. Not more than 9 months for a second conviction.
31 3. Except as provided in sub-sub-subparagraph a.(I), For a
32 second conviction, by mandatory placement for the following a
33 period of at least 1 year, at the convicted person’s sole
34 expense, of an ignition interlock device approved by the
35 department in accordance with s. 316.1938 upon all vehicles that
36 are individually or jointly leased or owned and routinely
37 operated by the convicted person, when the convicted person
38 qualifies for a permanent or restricted license:
39 a.(I) Except as provided in sub-sub-subparagraph (II), the
40 convicted person shall have the option of choosing either the
41 driver license or driving privilege revocation for the period
42 specified in s. 322.28(2)(a)1., or installation of an ignition
43 interlock device in accordance with this subparagraph, for at
44 least 12 months for a first conviction. However, the court, in
45 its sole discretion, may revoke the convicted person’s driver
46 license or driving privilege for the period specified in s.
47 322.28(2)(a)1.;
48 (II) For a first conviction in which the convicted person
49 had a blood-alcohol level or breath-alcohol level of 0.15 or
50 higher, or the convicted person at the time of the offense was
51 accompanied in the vehicle by a person younger than 18 years of
52 age, for at least 18 months;
53 b.(I) Except as provided in sub-sub-subparagraph (II), for
54 a second conviction at least 24 months;
55 (II) For a second conviction in which the convicted person
56 had a blood-alcohol level or breath-alcohol level of 0.15 or
57 higher, or the convicted person at the time of the offense was
58 accompanied in the vehicle by a person younger than 18 years of
59 age, for at least 30 months;
60 c. For a third conviction, for at least 36 months.
61 4. Any period of required ignition interlock device use
62 under sub-sub-subparagraph 3.a.(I) shall be reduced on a day
63 for-day basis for any period such convicted person complies with
64 the requirements of an ignition interlock license as defined in
65 s. 322.271 The installation of such device may not occur before
66 July 1, 2003.
67 (b)1. Any person who is convicted of a third violation of
68 this section for an offense that occurs within 10 years of after
69 a prior conviction for a violation of this section commits a
70 felony of the third degree, punishable as provided in s.
71 775.082, s. 775.083, or s. 775.084. In addition, the court shall
72 order the mandatory placement for a period of not less than 2
73 years, at the convicted person’s sole expense, of an ignition
74 interlock device approved by the department in accordance with
75 s. 316.1938 upon all vehicles that are individually or jointly
76 leased or owned and routinely operated by the convicted person,
77 when the convicted person qualifies for a permanent or
78 restricted license. The installation of such device may not
79 occur before July 1, 2003.
80 2. Any person who is convicted of a third violation of this
81 section for an offense that occurs more than 10 years of after
82 the date of a prior conviction for a violation of this section
83 shall be punished by a fine of at least not less than $2,000 but
84 not or more than $5,000 and by imprisonment for not more than 12
85 months. In addition, the court shall order the mandatory
86 placement for a period of at least 2 years, at the convicted
87 person’s sole expense, of an ignition interlock device approved
88 by the department in accordance with s. 316.1938 upon all
89 vehicles that are individually or jointly leased or owned and
90 routinely operated by the convicted person, when the convicted
91 person qualifies for a permanent or restricted license. The
92 installation of such device may not occur before July 1, 2003.
93 3. Any person who is convicted of a fourth or subsequent
94 violation of this section, regardless of when any prior
95 conviction for a violation of this section occurred, commits a
96 felony of the third degree, punishable as provided in s.
97 775.082, s. 775.083, or s. 775.084. However, the fine imposed
98 for such fourth or subsequent violation must may be at least not
99 less than $2,000.
100 (4) Any person who is convicted of a violation of
101 subsection (1) and who has a blood-alcohol level or breath
102 alcohol level of 0.15 or higher, or any person who is convicted
103 of a violation of subsection (1) and who at the time of the
104 offense was accompanied in the vehicle by a person under the age
105 of 18 years, shall be punished:
106 (a) By a fine of:
107 1. At least Not less than $1,000 but not or more than
108 $2,000 for a first conviction.
109 2. At least Not less than $2,000 but not or more than
110 $4,000 for a second conviction.
111 3. At least Not less than $4,000 for a third or subsequent
112 conviction.
113 (b) By imprisonment for:
114 1. Not more than 9 months for a first conviction.
115 2. Not more than 12 months for a second conviction.
116
117 For the purposes of this subsection, only the instant offense is
118 required to be a violation of subsection (1) by a person who has
119 a blood-alcohol level or breath-alcohol level of 0.15 or higher.
120 (c) In addition to the penalties in paragraphs (a) and (b),
121 the court shall order the mandatory placement, at the convicted
122 person’s sole expense, of an ignition interlock device approved
123 by the department in accordance with s. 316.1938 upon all
124 vehicles that are individually or jointly leased or owned and
125 routinely operated by the convicted person for not less than 6
126 continuous months for the first offense and for not less than 2
127 continuous years for a second offense, when the convicted person
128 qualifies for a permanent or restricted license.
129 (6) With respect to any person convicted of a violation of
130 subsection (1), regardless of any penalty imposed pursuant to
131 subsection (2), subsection (3), or subsection (4):
132 (b) For the second conviction for an offense that occurs
133 within a period of 5 years of after the date of a prior
134 conviction for violation of this section, the court shall order
135 imprisonment for at least not less than 10 days. The court must
136 also, as a condition of probation, order the impoundment or
137 immobilization of all vehicles owned by the defendant at the
138 time of impoundment or immobilization, for a period of 30 days
139 or for the unexpired term of any lease or rental agreement that
140 expires within 30 days. The impoundment or immobilization must
141 not occur concurrently with the incarceration of the defendant
142 and must occur concurrently with the driver’s license revocation
143 imposed under s. 322.28(2)(a)2. The impoundment or
144 immobilization order may be dismissed in accordance with
145 paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
146 At least 48 hours of confinement must be consecutive.
147 (c) For the third or subsequent conviction for an offense
148 that occurs within a period of 10 years of after the date of a
149 prior conviction for violation of this section, the court shall
150 order imprisonment for not less than 30 days. The court must
151 also, as a condition of probation, order the impoundment or
152 immobilization of all vehicles owned by the defendant at the
153 time of impoundment or immobilization, for a period of 90 days
154 or for the unexpired term of any lease or rental agreement that
155 expires within 90 days. The impoundment or immobilization must
156 not occur concurrently with the incarceration of the defendant
157 and must occur concurrently with the driver’s license revocation
158 imposed under s. 322.28(2)(a)3. The impoundment or
159 immobilization order may be dismissed in accordance with
160 paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
161 At least 48 hours of confinement must be consecutive.
162
163 For the purposes of this section, any conviction for a violation
164 of s. 327.35; a previous conviction for the violation of former
165 s. 316.1931, former s. 860.01, or former s. 316.028; or a
166 previous conviction outside this state for driving under the
167 influence, driving while intoxicated, driving with an unlawful
168 blood-alcohol level, driving with an unlawful breath-alcohol
169 level, or any other similar alcohol-related or drug-related
170 traffic offense, is also considered a previous conviction for
171 violation of this section. However, in satisfaction of the fine
172 imposed pursuant to this section, the court may, upon a finding
173 that the defendant is financially unable to pay either all or
174 part of the fine, order that the defendant participate for a
175 specified additional period of time in public service or a
176 community work project in lieu of payment of that portion of the
177 fine which the court determines the defendant is unable to pay.
178 In determining such additional sentence, the court shall
179 consider the amount of the unpaid portion of the fine and the
180 reasonable value of the services to be ordered; however, the
181 court may not compute the reasonable value of services at a rate
182 less than the federal minimum wage at the time of sentencing.
183 Section 2. Subsection (1), paragraphs (a) and (d) of
184 subsection (6), and subsection (7) of section 316.1937, Florida
185 Statutes, are amended to read:
186 316.1937 Ignition interlock devices, requiring; unlawful
187 acts.—
188 (1) In addition to any other authorized penalties, the
189 court may require that any person who is convicted of driving
190 under the influence in violation of s. 316.193 shall not operate
191 a motor vehicle unless that vehicle is equipped with a
192 functioning ignition interlock device certified by the
193 department as provided in s. 316.1938, and installed in such a
194 manner that the vehicle will not start if the operator’s blood
195 alcohol level is in excess of 0.025 0.05 percent or as otherwise
196 specified by the court. The court, in its sole discretion, may
197 require the use of an approved ignition interlock device for any
198 a period in excess of the minimums of not less than 6 continuous
199 months, if the person is permitted to operate a motor vehicle,
200 whether or not the privilege to operate a motor vehicle is
201 restricted, as determined by the court. The court, however,
202 shall order placement of an ignition interlock device in those
203 circumstances required by s. 316.193(2) 316.193.
204 (6)(a) It is unlawful to tamper with, or to circumvent the
205 operation of, an a court-ordered ignition interlock device for
206 the purpose of providing the person so restricted with an
207 operable motor vehicle.
208 (d) It is unlawful to knowingly lease or lend a motor
209 vehicle to a person who has had his or her driving privilege
210 restricted as provided in this section, unless the vehicle is
211 equipped with a functioning, certified ignition interlock
212 device. Any person whose driving privilege requires the person
213 to operate only vehicles equipped with an approved, functioning
214 is restricted under a condition of probation requiring an
215 ignition interlock device shall notify any other person who
216 leases or loans a motor vehicle to him or her of such driving
217 restriction.
218 (7) Notwithstanding the provisions of this section, if a
219 person is required to operate a motor vehicle in the course and
220 scope of his or her employment and if the vehicle is owned or
221 leased by the employer, the person may operate that vehicle
222 without installation of an approved ignition interlock device if
223 the department has received notification from the employer in a
224 form acceptable to the department that the employer has been
225 notified of the such driving privilege restriction before the
226 restricted person operates the vehicle and if proof of that
227 notification is with the vehicle. This employment exemption does
228 not apply, however, if the business entity which owns or leases
229 the vehicle is owned or controlled by the person whose driving
230 privilege has been restricted.
231 Section 3. Subsections (1) and (10) of section 322.2615,
232 Florida Statutes, are amended to read:
233 322.2615 Suspension of license; right to review.—
234 (1)(a) A law enforcement officer or correctional officer
235 shall, on behalf of the department, suspend the driving
236 privilege of a person who is driving or in actual physical
237 control of a motor vehicle and who has an unlawful blood-alcohol
238 level or breath-alcohol level of 0.08 or higher, or of a person
239 who has refused to submit to a urine test or a test of his or
240 her breath-alcohol or blood-alcohol level. The officer shall
241 take the person’s driver driver’s license and issue the person a
242 10-day temporary permit if the person is otherwise eligible for
243 the driving privilege and shall issue the person a notice of
244 suspension. If a blood test has been administered, the officer
245 or the agency employing the officer shall transmit such results
246 to the department within 5 days after receipt of the results. If
247 the department then determines that the person had a blood
248 alcohol level or breath-alcohol level of 0.08 or higher, the
249 department shall suspend the person’s driver driver’s license
250 pursuant to subsection (3).
251 (b) The suspension under paragraph (a) shall be pursuant
252 to, and the notice of suspension shall inform the driver of, the
253 following:
254 1.a. The driver refused to submit to a lawful breath,
255 blood, or urine test and his or her driving privilege is
256 suspended for a period of 1 year for a first refusal or for a
257 period of 18 months if his or her driving privilege has been
258 previously suspended as a result of a refusal to submit to such
259 a test; or
260 b. The driver was driving or in actual physical control of
261 a motor vehicle and had an unlawful blood-alcohol level or
262 breath-alcohol level of 0.08 or higher and his or her driving
263 privilege is suspended for a period of 6 months for a first
264 offense or for a period of 1 year if his or her driving
265 privilege has been previously suspended under this section.
266 2. The suspension period shall commence on the date of
267 issuance of the notice of suspension.
268 3. The driver may request a formal or informal review of
269 the suspension by the department within 10 days after the date
270 of issuance of the notice of suspension.
271 4. If the driver applies within 10 days after the date of
272 issuance of the notice of suspension for ignition interlock
273 restricted driving privileges to be issued under paragraph (a),
274 paragraph (10)(b), or paragraph (10)(c), the driver waives his
275 or her right to a formal or an informal review of the
276 suspension.
277 5.4. The temporary permit issued at the time of suspension
278 expires at midnight of the 10th day following the date of
279 issuance of the notice of suspension.
280 6.5. The driver may submit to the department any materials
281 relevant to the suspension.
282 (10) A person whose driver driver’s license is suspended
283 under subsection (1) or subsection (3) may apply for issuance of
284 a license for business or employment purposes only if the person
285 is otherwise eligible for the driving privilege pursuant to s.
286 322.271. Any period a person complies with the provisions of his
287 or her ignition interlock license during a suspension or
288 revocation under this section will reduce on a day-for-day basis
289 any mandatory ignition interlock device requirement arising from
290 the same incident. However, a person who has a previous
291 conviction for a violation of s. 316.193 may apply for a license
292 for business or employment purposes only if eligible pursuant to
293 s. 322.271, and may not apply for an ignition interlock license.
294 (a) If the suspension of the driver driver’s license of the
295 person for failure to submit to a breath, urine, or blood test
296 is sustained, the person is not eligible to receive an ignition
297 interlock license.
298 (b) If the suspension of the driver license of the person
299 for failure to submit to a breath, urine, or blood test is
300 sustained, the person is not eligible to receive a license for
301 business or employment purposes only, pursuant to s. 322.271,
302 until 90 days have elapsed after the expiration of the last
303 temporary permit issued. If the driver is not issued a 10-day
304 permit pursuant to this section or s. 322.64 because he or she
305 is ineligible for the permit and the suspension for failure to
306 submit to a breath, urine, or blood test is not invalidated by
307 the department, the driver is not eligible to receive a business
308 or employment license pursuant to s. 322.271 until 90 days have
309 elapsed from the date of the suspension.
310 (c)(b) If the suspension of the driver driver’s license of
311 the person relating to unlawful blood-alcohol level or breath
312 alcohol level of 0.08 or higher is sustained, the person is not
313 eligible to receive an ignition interlock a license for business
314 or employment purposes only pursuant to s. 322.271 upon the
315 effective date of the notice of suspension or upon until 30 days
316 have elapsed after the expiration of the last temporary permit
317 issued. If the driver is not issued a 10-day permit pursuant to
318 this section or s. 322.64 because he or she is ineligible for
319 the permit and the suspension relating to unlawful blood-alcohol
320 level or breath-alcohol level of 0.08 or higher is not
321 invalidated by the department, the driver is not eligible to
322 receive an ignition interlock a business or employment license
323 pursuant to s. 322.271 upon the effective until 30 days have
324 elapsed from the date of the suspension. Any period a person
325 complies with the provisions of his or her ignition interlock
326 license during a suspension or revocation under this section
327 will reduce on a day-for-day basis any mandatory ignition
328 interlock device requirement arising from the same incident.
329 Section 4. Subsection (1) and paragraph (c) of subsection
330 (2) of section 322.271, Florida Statutes, are amended to read:
331 322.271 Authority to modify revocation, cancellation, or
332 suspension order.—
333 (1)(a) Upon the suspension, cancellation, or revocation of
334 the driver driver’s license of any person as authorized or
335 required in this chapter, except a person whose license is
336 revoked as a habitual traffic offender under s. 322.27(5) or a
337 person who is ineligible to be granted the privilege of driving
338 on a limited or restricted basis under subsection (2), the
339 department shall immediately notify the licensee and, upon his
340 or her request, shall afford him or her an opportunity for a
341 hearing pursuant to chapter 120, as early as practicable within
342 not more than 30 days after receipt of such request, in the
343 county wherein the licensee resides, unless the department and
344 the licensee agree that such hearing may be held in some other
345 county.
346 (b) A person whose driving privilege has been revoked under
347 s. 322.27(5) may, upon expiration of 12 months from the date of
348 such revocation, petition the department for reinstatement of
349 his or her driving privilege. Upon such petition and after
350 investigation of the person’s qualification, fitness, and need
351 to drive, the department shall hold a hearing pursuant to
352 chapter 120 to determine whether the driving privilege shall be
353 reinstated on a restricted basis solely for business or
354 employment purposes.
355 (c) For the purposes of this section, the term:
356 1. “A driving privilege restricted to business purposes
357 only” means a driving privilege that is limited to any driving
358 necessary to maintain livelihood, including driving to and from
359 work, necessary on-the-job driving, driving for educational
360 purposes, and driving for church and for medical purposes.
361 2. “A driving privilege restricted to employment purposes
362 only” means a driving privilege that is limited to driving to
363 and from work and any necessary on-the-job driving required by
364 an employer or occupation.
365 3. “An ignition interlock license” means a license that
366 requires that the person operate only a motor vehicle equipped
367 with a functioning ignition interlock device certified by the
368 department in accordance with s. 316.1938. A person who has a
369 previous conviction for a violation of s. 316.193 is not
370 eligible to receive an ignition interlock license.
371
372 Driving for any purpose other than as provided by this paragraph
373 is not permitted by a person whose driving privilege has been
374 restricted to employment or business purposes. In addition, a
375 person whose driving privilege is restricted to employment or
376 business purposes remains subject to any restriction that
377 applied to the type of license which the person held at the time
378 of the order of suspension, cancellation, or revocation. Any
379 driving privilege, including a driving privilege restricted to
380 business purposes or employment purposes only in accordance with
381 this section, that is extended to a person who has a previous
382 arrest for a violation of s. 316.193 or s. 316.1938 must be in
383 conjunction with mandatory installation of a functioning
384 ignition interlock device certified by the department in
385 accordance with s. 316.1938.
386 (2) At such hearing, the person whose license has been
387 suspended, canceled, or revoked may show that such suspension,
388 cancellation, or revocation causes a serious hardship and
389 precludes the person from carrying out his or her normal
390 business occupation, trade, or employment and that the use of
391 the person’s license in the normal course of his or her business
392 is necessary to the proper support of the person or his or her
393 family.
394 (c) A person whose license has been revoked for a period of
395 5 years or less pursuant to s. 322.28(2)(a) may, 6 12 months
396 after the date the revocation was imposed, petition the
397 department for reinstatement of his or her driving privilege on
398 a restricted basis. A person whose license has been revoked for
399 more than 5 years under s. 322.28(2)(a) may, 12 24 months after
400 the date the revocation was imposed, petition the department for
401 reinstatement of his or her driving privilege on a restricted
402 basis. Reinstatement under this subsection is restricted to
403 business or employment purposes only. In addition, the
404 department shall require such persons upon reinstatement to have
405 not driven and to have been drug free for at least 12 months
406 immediately before the reinstatement, to be supervised by a DUI
407 program licensed by the department, and to report to the program
408 at least three times a year as required by the program for the
409 duration of the revocation period for supervision. Such
410 supervision includes evaluation, education, referral into
411 treatment, and other activities required by the department. Such
412 persons shall assume reasonable costs of supervision. If the
413 person fails to comply with the required supervision, the
414 program shall report the failure to the department, and the
415 department shall cancel the person’s driving privilege. This
416 paragraph does not apply to any person whose driving privilege
417 has been permanently revoked.
418 Section 5. Paragraph (a) of subsection (2) of section
419 322.28, Florida Statutes, is amended to read:
420 322.28 Period of suspension or revocation.—
421 (2) In a prosecution for a violation of s. 316.193 or
422 former s. 316.1931, the following provisions apply:
423 (a) Upon conviction of the driver, the court, along with
424 imposing sentence, shall revoke the driver’s license or driving
425 privilege of the person so convicted, effective on the date of
426 conviction, and shall prescribe the period of such revocation in
427 accordance with the following provisions:
428 1. Upon a first conviction for a violation of the
429 provisions of s. 316.193, except for a violation resulting in
430 death, and except as provided in s. 316.193(2)(a)3.(I), the
431 driver driver’s license or driving privilege shall be revoked
432 for at least not less than 180 days but not or more than 1 year.
433 2. Upon a second conviction for an offense that occurs
434 within a period of 5 years of after the date of a prior
435 conviction for a violation of the provisions of s. 316.193 or
436 former s. 316.1931 or a combination of such sections, the
437 driver’s license or driving privilege shall be revoked for not
438 less than 5 years.
439 3. Upon a third conviction for an offense that occurs
440 within a period of 10 years of after the date of a prior
441 conviction for the violation of the provisions of s. 316.193 or
442 former s. 316.1931 or a combination of such sections, the
443 driver’s license or driving privilege shall be revoked for not
444 less than 10 years.
445
446 For the purposes of this paragraph, a previous conviction
447 outside this state for driving under the influence, driving
448 while intoxicated, driving with an unlawful blood-alcohol level,
449 or any other alcohol-related or drug-related traffic offense
450 similar to the offense of driving under the influence as
451 proscribed by s. 316.193 will be considered a previous
452 conviction for violation of s. 316.193, and a conviction for
453 violation of former s. 316.028, former s. 316.1931, or former s.
454 860.01 is considered a conviction for violation of s. 316.193.
455 Section 6. This act shall take effect October 1, 2013.
456
457 ================= T I T L E A M E N D M E N T
458 ================
459 And the title is amended as follows:
460
461 Delete everything before the enacting clause
462 and insert:
463
464 A bill to be entitled
465 An act relating to ignition interlock devices;
466 amending s. 316.193, F.S.; providing for placement of
467 ignition interlock devices upon all vehicles that are
468 individually or jointly leased or owned and routinely
469 operated by certain persons convicted of driving under
470 the influence for specified periods based on the
471 violation; providing an exception for certain first
472 time convictions to allow an option of driver license
473 suspension or placement of an ignition interlock
474 device; giving the court discretion to revoke the
475 driver license or driving privilege notwithstanding
476 the allowed option; revising the required installation
477 periods for certain violations; providing for credit
478 for periods of compliance with ignition interlock
479 license requirements under a specified provision;
480 amending s. 316.1937, F.S.; revising the maximum
481 allowable blood-alcohol level at which an ignition
482 interlock device will allow operation of a vehicle;
483 revising provisions prohibiting tampering with or
484 circumventing an ignition interlock device; revising
485 provisions concerning operation of vehicles owned or
486 leased by the employer of a person subject to ignition
487 interlock restrictions when such operation is required
488 in the scope of his or her employment; amending s.
489 322.2615, F.S.; providing that an application for
490 ignition interlock-restricted driving privileges to be
491 issued under specified provisions made more than a
492 certain number of days after a notice of suspension
493 constitutes a waiver of the right to review of the
494 suspension; providing for ignition interlock licenses
495 and licenses for business or employment purposes and
496 requirements for such licenses; deleting certain
497 references relating to temporary licenses for business
498 or employment purposes; providing for credit for
499 periods of compliance with ignition interlock license
500 requirements; amending s. 322.271, F.S.; defining the
501 term “an ignition interlock license”; requiring that
502 any driving privilege extended to persons with
503 previous arrests under specified provisions must
504 require use of an ignition interlock device; reducing
505 the period certain persons whose licenses have been
506 revoked must wait before being eligible to reapply for
507 reinstatement; amending s. 322.28, F.S.; revising
508 provisions relating to periods of driver license
509 suspension or revocation; providing an effective date.