House Bill 3257e1

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                                       CS/HB 3257, First Engrossed



  1                      A bill to be entitled

  2         An act relating to liabilities for driving

  3         offenses; amending s. 316.193, F.S., relating

  4         to the offense of driving under the influence

  5         and penalties; providing third degree felony

  6         penalties for a third or subsequent conviction

  7         for driving under the influence; conforming

  8         provisions with respect to fine amounts and

  9         prison terms; removing surplusage to improve

10         clarity and facilitate correct interpretation;

11         reenacting s. 318.143(1), (4), and (5), F.S.,

12         relating to sanctions for infractions by

13         minors, s. 318.17(3) and (8), F.S., relating to

14         excepted offenses, s. 322.03(2), F.S., relating

15         to driver's license requirement and penalties

16         for violation of requirement, s.

17         322.0602(2)(a), F.S., relating to Youthful

18         Drunk Driver Visitation Program, s. 322.12(2),

19         F.S., relating to examination of driver's

20         license applicants, s. 322.25(5), F.S.,

21         relating to forwarding of surrendered licenses

22         and reporting of certain convictions, s.

23         322.2615(1), (2), (7), (8)(b), (10)(b), and

24         (14), F.S., relating to suspension of license

25         and right to review, s. 322.2616(1)(a), (15),

26         and (18), F.S., relating to suspension of

27         license of person under 21 years of age and

28         right to review, s. 322.264(1)(b), F.S.,

29         relating to definition of "habitual traffic

30         offender," s. 322.271(2)(a) and (c) and (4),

31         F.S., relating to authority to modify


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                                       CS/HB 3257, First Engrossed



  1         revocation, cancellation, or suspension order,

  2         s. 322.282(2)(a), F.S., relating to procedure

  3         when court revokes or suspends license or

  4         driving privilege and orders reinstatement, s.

  5         322.291, F.S., relating to driver improvement

  6         school course requirements for certain

  7         violators, s. 322.44, F.S., relating to Driver

  8         License Compact, s. 322.62(3), F.S., relating

  9         to driving-under-the-influence violations by

10         commercial motor vehicle operators, s.

11         322.63(2)(d) and (6), F.S., relating to alcohol

12         or drug testing of commercial motor vehicle

13         operators, s. 322.64(1), (2), (7)(a), (8)(b),

14         (14), and (15), F.S., relating to driving with

15         unlawful blood-alcohol level and refusal to

16         submit to breath, urine, or blood test by

17         holder of commercial driver's license, s.

18         327.35(6), F.S., relating to

19         boating-under-the-influence offenses and

20         penalties, s. 397.405(10), F.S., relating to

21         certain licensure exemptions, s. 440.09(7)(b),

22         F.S., relating to worker's compensation

23         coverage, s. 493.6101(1)(d), F.S., relating to

24         certain license requirements, s. 627.758(4),

25         F.S., relating to conditions and limit for

26         surety on auto club traffic arrest bond and

27         bail bond; s. 790.06(2)(f) and (10)(f), F.S.,

28         relating to license to carry concealed weapon

29         or firearm, s. 903.36(2), F.S., relating to

30         guaranteed arrest bond certificates as cash

31         bail, s. 921.0022(3), (g), (h), and (i), F.S.,


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                                       CS/HB 3257, First Engrossed



  1         relating to the Criminal Punishment Code

  2         offense severity ranking chart, s. 938.07,

  3         F.S., relating to court costs for the offense

  4         of driving under the influence, s. 938.21,

  5         F.S., relating to alcohol and drug abuse

  6         programs, s. 938.23(1), F.S., relating to

  7         assistance grants for alcohol and other drug

  8         abuse programs, and s. 960.03(3)(b), F.S.,

  9         relating to certain definitions with respect to

10         crimes compensation, to incorporate said

11         amendment in references; amending s. 921.0022,

12         F.S.; conforming provisions in the Criminal

13         Punishment Code offense severity ranking chart;

14         amending s. 318.1451, F.S.; revising language

15         with respect to driver improvement schools;

16         providing for the distribution of certain

17         pamphlets; providing an effective date.

18

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

20

21         Section 1.  Subsections (2) and (4) of section 316.193,

22  Florida Statutes, are amended to read:

23         316.193  Driving under the influence; penalties.--

24         (1)  A person is guilty of the offense of driving under

25  the influence and is subject to punishment as provided in

26  subsection (2) if the person is driving or in actual physical

27  control of a vehicle within this state and:

28         (a)  The person is under the influence of alcoholic

29  beverages, any chemical substance set forth in s. 877.111, or

30  any substance controlled under chapter 893, when affected to

31  the extent that the person's normal faculties are impaired;


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                                       CS/HB 3257, First Engrossed



  1         (b)  The person has a blood-alcohol level of 0.08 or

  2  more grams of alcohol per 100 milliliters of blood; or

  3         (c)  The person has a breath-alcohol level of 0.08 or

  4  more grams of alcohol per 210 liters of breath.

  5         (2)(a)  Except as provided in paragraph (b), subsection

  6  (3), or subsection (4), any person who is convicted of a

  7  violation of subsection (1) shall be punished:

  8         1.  By a fine of:

  9         a.  Not less than $250 or more than $500 for a first

10  conviction; or.

11         b.  Not less than $500 or more than $1,000 for a second

12  conviction; and.

13         c.  Not less than $1,000 or more than $2,500 for a

14  third conviction; and

15         2.  By imprisonment for:

16         a.  Not more than 6 months for a first conviction.

17         b.  Not more than 9 months for a second conviction.

18         c.  Not more than 12 months for a third conviction.

19         (b)  Any person who is convicted of a third fourth or

20  subsequent violation of this section is guilty of a felony of

21  the third degree, punishable as provided in s. 775.082, s.

22  775.083, or s. 775.084; however, the fine imposed for such

23  third fourth or subsequent violation may be not less than

24  $1,000.

25         (3)  Any person:

26         (a)  Who is in violation of subsection (1);

27         (b)  Who operates a vehicle; and

28         (c)  Who, by reason of such operation, causes:

29         1.  Damage to the property or person of another commits

30  a misdemeanor of the first degree, punishable as provided in

31  s. 775.082 or s. 775.083.


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                                       CS/HB 3257, First Engrossed



  1         2.  Serious bodily injury to another, as defined in s.

  2  316.1933, commits a felony of the third degree, punishable as

  3  provided in s. 775.082, s. 775.083, or s. 775.084.

  4         3.  The death of any human being commits DUI

  5  manslaughter, and commits:

  6         a.  A felony of the second degree, punishable as

  7  provided in s. 775.082, s. 775.083, or s. 775.084.

  8         b.  A felony of the first degree, punishable as

  9  provided in s. 775.082, s. 775.083, or s. 775.084, if:

10         (I)  At the time of the accident, the person knew, or

11  should have known, that the accident occurred; and

12         (II)  The person failed to give information and render

13  aid as required by s. 316.062.

14         (4)  Any person who is convicted of a violation of

15  subsection (1) and who has a blood-alcohol level or

16  breath-alcohol level of 0.20 or higher, or any person who is

17  convicted of a violation of subsection (1) and who at the time

18  of the offense was accompanied in the vehicle by a person

19  under the age of 18 years, shall be punished:

20         (a)  By a fine of:

21         1.  Not less than $500 or more than $1,000 for a first

22  conviction.

23         2.  Not less than $1,000 or more than $2,000 for a

24  second conviction.

25         3.  Not less than $2,000 or more than $5,000 for a

26  third conviction.

27         (b)  By imprisonment for:

28         1.  Not more than 9 months for a first conviction.

29         2.  Not more than 12 months for a second conviction.

30         3.  Not more than 12 months for a third conviction.

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                                       CS/HB 3257, First Engrossed



  1  For the purposes of this subsection, any conviction for a

  2  violation of s. 327.35, only the instant offense is required

  3  to be a violation of subsection (1) by a person who has a

  4  blood-alcohol level or breath-alcohol level of 0.20 or higher.

  5         (5)  The court shall place any offender convicted of

  6  violating this section on monthly reporting probation and

  7  shall require attendance at a substance abuse course licensed

  8  by the department; and the agency conducting the course may

  9  refer the offender to an authorized service provider for

10  substance abuse evaluation and treatment, in addition to any

11  sentence or fine imposed under this section.  The offender

12  shall assume reasonable costs for such education, evaluation,

13  and treatment, with completion of all such education,

14  evaluation, and treatment being a condition of reporting

15  probation. Treatment resulting from a psychosocial evaluation

16  may not be waived without a supporting psychosocial evaluation

17  conducted by an agency appointed by the court and with access

18  to the original evaluation.  The offender shall bear the cost

19  of this procedure.  The term "substance abuse" means the abuse

20  of alcohol or any substance named or described in Schedules I

21  through V of s. 893.03.  If an offender referred to treatment

22  under this subsection fails to report for or complete such

23  treatment or fails to complete the substance abuse education

24  course, the DUI program shall notify the court and the

25  department of the failure.  Upon receipt of the notice, the

26  department shall cancel the offender's driving privilege.  The

27  department shall reinstate the driving privilege when the

28  offender completes the substance abuse education course or

29  enters treatment required under this subsection.  The

30  organization that conducts the substance abuse education and

31  evaluation may not provide required substance abuse treatment


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                                       CS/HB 3257, First Engrossed



  1  unless a waiver has been granted to that organization by the

  2  department.  A waiver may be granted only if the department

  3  determines, in accordance with its rules, that the service

  4  provider that conducts the substance abuse education and

  5  evaluation is the most appropriate service provider and is

  6  licensed under chapter 397 or is exempt from such licensure.

  7  All DUI treatment programs providing treatment services on

  8  January 1, 1994, shall be allowed to continue to provide such

  9  services until the department determines whether a waiver

10  should be granted. A statistical referral report shall be

11  submitted quarterly to the department by each organization

12  authorized to provide services under this section.

13         (6)  With respect to any person convicted of a

14  violation of subsection (1), regardless of any penalty imposed

15  pursuant to subsection (2), subsection (3), or subsection (4):

16         (a)  For the first conviction, the court shall place

17  the defendant on probation for a period not to exceed 1 year

18  and, as a condition of such probation, shall order the

19  defendant to participate in public service or a community work

20  project for a minimum of 50 hours; or the court may order

21  instead, that any defendant pay an additional fine of $10 for

22  each hour of public service or community work otherwise

23  required, if, after consideration of the residence or location

24  of the defendant at the time public service or community work

25  is required, payment of the fine is in the best interests of

26  the state. However, the total period of probation and

27  incarceration may not exceed 1 year.

28         (b)  For the second conviction for an offense that

29  occurs within a period of 5 years after the date of a prior

30  conviction for violation of this section, the court shall

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                                       CS/HB 3257, First Engrossed



  1  order imprisonment for not less than 10 days.  At least 48

  2  hours of confinement must be consecutive.

  3         (c)  For the third or subsequent conviction for an

  4  offense that occurs within a period of 10 years after the date

  5  of a prior conviction for violation of this section, the court

  6  shall order imprisonment for not less than 30 days. At least

  7  48 hours of confinement must be consecutive.

  8         (d)  In addition to the penalty imposed under paragraph

  9  (a), paragraph (b), or paragraph (c), the court shall also

10  order the impoundment or immobilization of the vehicle that

11  was driven by, or in the actual physical control of, the

12  offender, unless the court finds that the family of the owner

13  of the vehicle has no other public or private means of

14  transportation. The period of impoundment or immobilization is

15  10 days, or, for the second conviction within 3 years, 30

16  days, or, for the third conviction within 5 years, 90 days and

17  may not be concurrent with probation or imprisonment. If the

18  vehicle is leased or rented, the period of impoundment or

19  immobilization may not extend beyond the expiration of the

20  lease or rental agreement. Within 7 business days after the

21  date that the court issues the order of impoundment or

22  immobilization, the clerk of the court shall send notice by

23  certified mail, return receipt requested, to the registered

24  owner of the vehicle if the registered owner is a person other

25  than the offender and to each person of record claiming a lien

26  against the vehicle. All costs and fees for the impoundment or

27  immobilization, including the cost of notification, must be

28  paid by the owner of the vehicle or, if the vehicle is leased

29  or rented, by the person leasing or renting the vehicle. The

30  person who owns a vehicle that is impounded or immobilized

31  under this paragraph, or a person who has a lien of record


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                                       CS/HB 3257, First Engrossed



  1  against such a vehicle, may, within 10 days after the date

  2  that person has knowledge of the location of the vehicle, file

  3  a complaint in the county in which the owner resides to

  4  determine whether the vehicle was wrongfully taken or withheld

  5  from the owner or lienholder. Upon the filing of a complaint,

  6  the owner or lienholder may have the vehicle released by

  7  posting with the court a bond or other adequate security equal

  8  to the amount of the costs and fees for impoundment or

  9  immobilization, including towing or storage, to ensure the

10  payment of such costs and fees if the owner or lienholder does

11  not prevail. When the bond is posted and the fee is paid as

12  set forth in s. 28.24, the clerk of the court shall issue a

13  certificate releasing the vehicle. At the time of release,

14  after reasonable inspection, the owner or lienholder must give

15  a receipt to the towing or storage company indicating any loss

16  or damage to the vehicle or to the contents of the vehicle.

17         (e)  A defendant, in the court's discretion, may be

18  required to serve all or any portion of a term of imprisonment

19  to which the defendant has been sentenced pursuant to this

20  section in a residential alcoholism treatment program or a

21  residential drug abuse treatment program. Any time spent in

22  such a program must be credited by the court toward the term

23  of imprisonment.

24

25  For the purposes of this section, any conviction for a

26  violation of s. 327.35; a previous conviction for the

27  violation of former s. 316.1931, former s. 860.01, or former

28  s. 316.028; or a previous conviction outside this state for

29  driving under the influence, driving while intoxicated,

30  driving with an unlawful blood-alcohol level, driving with an

31  unlawful breath-alcohol level, or any other similar


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                                       CS/HB 3257, First Engrossed



  1  alcohol-related or drug-related traffic offense, is also

  2  considered a previous conviction for violation of this

  3  section. However, in satisfaction of the fine imposed pursuant

  4  to this section, the court may, upon a finding that the

  5  defendant is financially unable to pay either all or part of

  6  the fine, order that the defendant participate for a specified

  7  additional period of time in public service or a community

  8  work project in lieu of payment of that portion of the fine

  9  which the court determines the defendant is unable to pay. In

10  determining such additional sentence, the court shall consider

11  the amount of the unpaid portion of the fine and the

12  reasonable value of the services to be ordered; however, the

13  court may not compute the reasonable value of services at a

14  rate less than the federal minimum wage at the time of

15  sentencing.

16         (7)  A conviction under this section does not bar any

17  civil suit for damages against the person so convicted.

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

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

20  clerk shall provide any person charged with a violation of

21  this section with notice that upon conviction the court shall

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

23  offender should make arrangements for transportation at any

24  proceeding in which the court may take such action.  Failure

25  to provide such notice does not affect the court's suspension

26  or revocation of the offender's driver's license.

27         (9)  A person who is arrested for a violation of this

28  section may not be released from custody:

29         (a)  Until the person is no longer under the influence

30  of alcoholic beverages, any chemical substance set forth in s.

31  877.111, or any substance controlled under chapter 893 and


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                                       CS/HB 3257, First Engrossed



  1  affected to the extent that his or her normal faculties are

  2  impaired;

  3         (b)  Until the person's blood-alcohol level or

  4  breath-alcohol level is less than 0.05; or

  5         (c)  Until 8 hours have elapsed from the time the

  6  person was arrested.

  7         (10)  The rulings of the Department of Highway Safety

  8  and Motor Vehicles under s. 322.2615 shall not be considered

  9  in any trial for a violation of this section. Testimony or

10  evidence from the administrative proceedings or any written

11  statement submitted by a person in his or her request for

12  administrative review is inadmissible into evidence or for any

13  other purpose in any criminal proceeding, unless timely

14  disclosed in criminal discovery pursuant to Rule 3.220,

15  Florida Rules of Criminal Procedure.

16         Section 2.  For the purpose of incorporating the

17  amendment to section 316.193, Florida Statutes, in references

18  thereto, the following sections or subdivisions of Florida

19  Statutes are reenacted to read:

20         318.143  Sanctions for infractions by minors.--

21         (1)  If the court finds that a minor has committed a

22  violation of any of the provisions of chapter 316, the court

23  may also impose one or more of the following sanctions:

24         (a)  The court may reprimand or counsel the minor and

25  his or her parents or guardian.

26         (b)  The court may require the minor to attend, for a

27  reasonable period, a traffic school conducted by a public

28  authority.

29         (c)  The court may order the minor to remit to the

30  general fund of the local governmental body a sum not

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                                       CS/HB 3257, First Engrossed



  1  exceeding the maximum fine applicable to an adult for a like

  2  offense.

  3         (d)  The court may order the minor to participate in

  4  public service or a community work project for a minimum

  5  number of hours. A minor who participates in such a work

  6  program is considered an employee of the state for the

  7  purposes of chapter 440.

  8         (e)  The court may impose a curfew or other restriction

  9  on the liberty of the minor for a period not to exceed 6

10  months.

11         (4)  For the first conviction for a violation of s.

12  316.193, the court may order the Department of Highway Safety

13  and Motor Vehicles to revoke the minor's driver's license

14  until the minor is 18 years of age. For a second or subsequent

15  conviction for such a violation, the court may order the

16  Department of Highway Safety and Motor Vehicles to revoke the

17  minor's driver's license until the minor is 21 years of age.

18         (5)  A minor who is arrested for a violation of s.

19  316.193 may be released from custody as soon as:

20         (a)  The minor is no longer under the influence of

21  alcoholic beverages, of any chemical substance set forth in s.

22  877.111, or of any substance controlled under chapter 893, and

23  is not affected to the extent that his or her normal faculties

24  are impaired;

25         (b)  The minor's blood-alcohol level is less than 0.05

26  percent; or

27         (c)  Six hours have elapsed after the minor's arrest.

28         318.17  Offenses excepted.--No provision of this

29  chapter is available to a person who is charged with any of

30  the following offenses:

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                                       CS/HB 3257, First Engrossed



  1         (3)  Driving, or being in actual physical control of,

  2  any vehicle while under the influence of alcoholic beverages,

  3  any chemical substance set forth in s. 877.111, or any

  4  substance controlled under chapter 893, in violation of s.

  5  316.193, or driving with an unlawful blood-alcohol level;

  6         (8)  Any other offense in chapter 316 which is

  7  classified as a criminal violation.

  8         322.03  Drivers must be licensed; penalties.--

  9         (2)  Prior to issuing a driver's license, the

10  department shall require any person who has been convicted two

11  or more times of a violation of s. 316.193 or of a

12  substantially similar alcohol-related or drug-related offense

13  outside this state within the preceding 5 years, or who has

14  been convicted of three or more such offenses within the

15  preceding 10 years, to present proof of successful completion

16  of or enrollment in a department-approved substance abuse

17  education course.  If the person fails to complete such

18  education course within 90 days after issuance, the department

19  shall cancel the license.  Further, prior to issuing the

20  driver's license the department shall require such person to

21  present proof of financial responsibility as provided in s.

22  324.031.  For the purposes of this paragraph, a previous

23  conviction for violation of former s. 316.028, former s.

24  316.1931, or former s. 860.01 shall be considered a previous

25  conviction for violation of s. 316.193.

26         322.0602  Youthful Drunk Driver Visitation Program.--

27         (2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE

28  FOR PARTICIPATION.--

29         (a)  If a person is convicted of a violation of s.

30  316.193, the court may order, as a term and condition of

31  probation in addition to any other term or condition required


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                                       CS/HB 3257, First Engrossed



  1  or authorized by law, that the probationer participate in the

  2  Youthful Drunk Driver Visitation Program.

  3         322.12  Examination of applicants.--

  4         (2)  The department shall examine every applicant for a

  5  driver's license, including an applicant who is licensed in

  6  another state or country, except as otherwise provided in this

  7  chapter. A person who holds a learner's driver's license as

  8  provided for in s. 322.161 is not required to pay a fee for

  9  successfully completing the examination showing his or her

10  ability to operate a motor vehicle as provided for herein and

11  need not pay the fee for a replacement license as provided in

12  s. 322.17(2).  Any person who applies for reinstatement

13  following the suspension or revocation of his or her driver's

14  license shall pay a service fee of $25 following a suspension,

15  and $50 following a revocation, which is in addition to the

16  fee for a license. Any person who applies for reinstatement of

17  a commercial driver's license following the disqualification

18  of his or her privilege to operate a commercial motor vehicle

19  shall pay a service fee of $50, which is in addition to the

20  fee for a license.  The department shall collect all of these

21  fees at the time of reinstatement.  The department shall issue

22  proper receipts for such fees and shall promptly transmit all

23  funds received by it as follows:

24         (a)  Of the $25 fee received from a licensee for

25  reinstatement following a suspension, the department shall

26  deposit $15 in the General Revenue Fund and the remaining $10

27  in the Highway Safety Operating Trust Fund.

28         (b)  Of the $50 fee received from a licensee for

29  reinstatement following a revocation or disqualification, the

30  department shall deposit $35 in the General Revenue Fund and

31  the remaining $15 in the Highway Safety Operating Trust Fund.


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                                       CS/HB 3257, First Engrossed



  1

  2  If the revocation or suspension of the driver's license was

  3  for a violation of s. 316.193, or for refusal to submit to a

  4  lawful breath, blood, or urine test, an additional fee of $105

  5  must be charged.  However, only one such $105 fee is to be

  6  collected from one person convicted of such violations arising

  7  out of the same incident.  The department shall collect the

  8  $105 fee and deposit it into the Highway Safety Operating

  9  Trust Fund at the time of reinstatement of the person's

10  driver's license, but the fee must not be collected if the

11  suspension or revocation was overturned.

12         322.25  When court to forward license to department and

13  report convictions; temporary reinstatement of driving

14  privileges.--

15         (5)  For the purpose of this chapter, the entrance of a

16  plea of nolo contendere by the defendant to a charge of

17  driving while intoxicated, driving under the influence,

18  driving with an unlawful blood-alcohol level, or any other

19  alcohol-related or drug-related traffic offense similar to the

20  offenses specified in s. 316.193, accepted by the court and

21  under which plea the court has entered a fine or sentence,

22  whether in this state or any other state or country, shall be

23  equivalent to a conviction.

24         322.2615  Suspension of license; right to review.--

25         (1)(a)  A law enforcement officer or correctional

26  officer shall, on behalf of the department, suspend the

27  driving privilege of a person who has been arrested by a law

28  enforcement officer for a violation of s. 316.193, relating to

29  unlawful blood-alcohol level or breath-alcohol level, or of a

30  person who has refused to submit to a breath, urine, or blood

31  test authorized by s. 316.1932.  The officer shall take the


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                                       CS/HB 3257, First Engrossed



  1  person's driver's license and issue the person a 30-day

  2  temporary permit if the person is otherwise eligible for the

  3  driving privilege and shall issue the person a notice of

  4  suspension. If a blood test has been administered, the results

  5  of which are not available to the officer at the time of the

  6  arrest, the agency employing the officer shall transmit such

  7  results to the department within 5 days after receipt of the

  8  results.  If the department then determines that the person

  9  was arrested for a violation of s. 316.193 and that the person

10  had a blood-alcohol level or breath-alcohol level of 0.08 or

11  higher, the department shall suspend the person's driver's

12  license pursuant to subsection (3).

13         (b)  The suspension under paragraph (a) shall be

14  pursuant to, and the notice of suspension shall inform the

15  driver of, the following:

16         1.a.  The driver refused to submit to a lawful breath,

17  blood, or urine test and his or her driving privilege is

18  suspended for a period of 1 year for a first refusal or for a

19  period of 18 months if his or her driving privilege has been

20  previously suspended as a result of a refusal to submit to

21  such a test; or

22         b.  The driver violated s. 316.193 by driving with an

23  unlawful blood-alcohol level as provided in that section and

24  his or her driving privilege is suspended for a period of 6

25  months for a first offense or for a period of 1 year if his or

26  her driving privilege has been previously suspended for a

27  violation of s. 316.193.

28         2.  The suspension period shall commence on the date of

29  arrest or issuance of the notice of suspension, whichever is

30  later.

31


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                                       CS/HB 3257, First Engrossed



  1         3.  The driver may request a formal or informal review

  2  of the suspension by the department within 10 days after the

  3  date of arrest or issuance of the notice of suspension,

  4  whichever is later.

  5         4.  The temporary permit issued at the time of arrest

  6  will expire at midnight of the 30th day following the date of

  7  arrest or issuance of the notice of suspension, whichever is

  8  later.

  9         5.  The driver may submit to the department any

10  materials relevant to the arrest.

11         (2)  Except as provided in paragraph (1)(a), the law

12  enforcement officer shall forward to the department, within 5

13  days after the date of the arrest, a copy of the notice of

14  suspension, the driver's license of the person arrested, and a

15  report of the arrest, including an affidavit stating the

16  officer's grounds for belief that the person arrested was in

17  violation of s. 316.193; the results of any breath or blood

18  test or an affidavit stating that a breath, blood, or urine

19  test was requested by a law enforcement officer or

20  correctional officer and that the person arrested refused to

21  submit; a copy of the citation issued to the person arrested;

22  and the officer's description of the person's field sobriety

23  test, if any.  The failure of the officer to submit materials

24  within the 5-day period specified in this subsection and in

25  subsection (1) shall not affect the department's ability to

26  consider any evidence submitted at or prior to the hearing.

27  The officer may also submit a copy of a videotape of the field

28  sobriety test or the attempt to administer such test.

29         (7)  In a formal review hearing under subsection (6) or

30  an informal review hearing under subsection (4), the hearing

31  officer shall determine by a preponderance of the evidence


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                                       CS/HB 3257, First Engrossed



  1  whether sufficient cause exists to sustain, amend, or

  2  invalidate the suspension.  The scope of the review shall be

  3  limited to the following issues:

  4         (a)  If the license was suspended for driving with an

  5  unlawful blood-alcohol level in violation of s. 316.193:

  6         1.  Whether the arresting law enforcement officer had

  7  probable cause to believe that the person was driving or in

  8  actual physical control of a motor vehicle in this state while

  9  under the influence of alcoholic beverages or controlled

10  substances.

11         2.  Whether the person was placed under lawful arrest

12  for a violation of s. 316.193.

13         3.  Whether the person had an unlawful blood-alcohol

14  level as provided in s. 316.193.

15         (b)  If the license was suspended for refusal to submit

16  to a breath, blood, or urine test:

17         1.  Whether the arresting law enforcement officer had

18  probable cause to believe that the person was driving or in

19  actual physical control of a motor vehicle in this state while

20  under the influence of alcoholic beverages or controlled

21  substances.

22         2.  Whether the person was placed under lawful arrest

23  for a violation of s. 316.193.

24         3.  Whether the person refused to submit to any such

25  test after being requested to do so by a law enforcement

26  officer or correctional officer.

27         4.  Whether the person was told that if he or she

28  refused to submit to such test his or her privilege to operate

29  a motor vehicle would be suspended for a period of 1 year or,

30  in the case of a second or subsequent refusal, for a period of

31  18 months.


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                                       CS/HB 3257, First Engrossed



  1         (8)  Based on the determination of the hearing officer

  2  pursuant to subsection (7) for both informal hearings under

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

  4  department shall:

  5         (b)  Sustain the suspension of the person's driving

  6  privilege for a period of 6 months for a violation of s.

  7  316.193, or for a period of 1 year if the driving privilege of

  8  such person has been previously suspended as a result of a

  9  violation of s. 316.193.  The suspension period commences on

10  the date of the arrest or issuance of the notice of

11  suspension, whichever is later.

12         (10)  A person whose driver's license is suspended

13  under subsection (1) or subsection (3) may apply for issuance

14  of a license for business or employment purposes only if the

15  person is otherwise eligible for the driving privilege

16  pursuant to s. 322.271.

17         (b)  If the suspension of the driver's license of the

18  person arrested for a violation of s. 316.193, relating to

19  unlawful blood-alcohol level, is sustained, the person is not

20  eligible to receive a license for business or employment

21  purposes only pursuant to s. 322.271 until 30 days have

22  elapsed after the expiration of the 30-day temporary permit

23  issued pursuant to this section or s. 322.64.  If the driver

24  is not issued a 30-day permit pursuant to this section or s.

25  322.64 because he or she is ineligible for the permit and the

26  suspension for a violation of s. 316.193, relating to unlawful

27  blood-alcohol level, is not invalidated by the department, the

28  driver is not eligible to receive a business or employment

29  license pursuant to s. 322.271 until 30 days have elapsed from

30  the date of the arrest.

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                                       CS/HB 3257, First Engrossed



  1         (14)  The decision of the department under this section

  2  shall not be considered in any trial for a violation of s.

  3  316.193, nor shall any written statement submitted by a person

  4  in his or her request for departmental review under this

  5  section be admissible into evidence against him or her in any

  6  such trial.  The disposition of any related criminal

  7  proceedings shall not affect a suspension imposed pursuant to

  8  this section.

  9         322.2616  Suspension of license; persons under 21 years

10  of age; right to review.--

11         (1)(a)  Notwithstanding s. 316.193, it is unlawful for

12  a person under the age of 21 who has a breath-alcohol level of

13  0.02 percent or higher to drive or be in actual physical

14  control of a motor vehicle.

15         (15)  The decision of the department under this section

16  shall not be considered in any trial for a violation of s.

17  316.193, nor shall any written statement submitted by a person

18  in his or her request for departmental review under this

19  section be admissible into evidence against him or her in any

20  such trial. The disposition of any related criminal

21  proceedings shall not affect a suspension imposed under this

22  section.

23         (18)  A violation of this section is neither a traffic

24  infraction nor a criminal offense, nor does being detained

25  pursuant to this section constitute an arrest.  A violation of

26  this section is subject to the administrative action

27  provisions of this section, which are administered by the

28  department through its administrative processes.

29  Administrative actions taken pursuant to this section shall be

30  recorded in the motor vehicle records maintained by the

31  department.  This section does not bar prosecution under s.


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                                       CS/HB 3257, First Engrossed



  1  316.193. However, if the department suspends a person's

  2  license under s. 322.2615 for a violation of s. 316.193, it

  3  may not also suspend the person's license under this section

  4  for the same episode that was the basis for the suspension

  5  under s. 322.2615.

  6         322.264  "Habitual traffic offender" defined.--A

  7  "habitual traffic offender" is any person whose record, as

  8  maintained by the Department of Highway Safety and Motor

  9  Vehicles, shows that such person has accumulated the specified

10  number of convictions for offenses described in subsection (1)

11  or subsection (2) within a 5-year period:

12         (1)  Three or more convictions of any one or more of

13  the following offenses arising out of separate acts:

14         (b)  Any violation of s. 316.193, former s. 316.1931,

15  or former s. 860.01;

16

17  Any violation of any federal law, any law of another state or

18  country, or any valid ordinance of a municipality or county of

19  another state similar to a statutory prohibition specified in

20  subsection (1) or subsection (2) shall be counted as a

21  violation of such prohibition.  In computing the number of

22  convictions, all convictions during the 5 years previous to

23  July 1, 1972, will be used, provided at least one conviction

24  occurs after that date.  The fact that previous convictions

25  may have resulted in suspension, revocation, or

26  disqualification under another section does not exempt them

27  from being used for suspension or revocation under this

28  section as a habitual offender.

29         322.271  Authority to modify revocation, cancellation,

30  or suspension order.--

31


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                                       CS/HB 3257, First Engrossed



  1         (2)(a)  Upon such hearing, the person whose license has

  2  been suspended, canceled, or revoked may show that such

  3  suspension, cancellation, or revocation of his or her license

  4  causes a serious hardship and precludes the person's carrying

  5  out his or her normal business occupation, trade, or

  6  employment and that the use of the person's license in the

  7  normal course of his or her business is necessary to the

  8  proper support of the person or his or her family.  Except as

  9  otherwise provided in this subsection, the department shall

10  require proof of the successful completion of an approved

11  driver training or substance abuse education course and may

12  require letters of recommendation from respected business

13  persons in the community, law enforcement officers, or

14  judicial officers in determining whether such person should be

15  permitted to operate a motor vehicle on a restricted basis for

16  business or employment use only and in determining whether

17  such person can be trusted to so operate a motor vehicle. If a

18  driver's license has been suspended under the point system or

19  pursuant to s. 322.2615, the department shall require proof of

20  enrollment in an approved driver training course or substance

21  abuse education course, and may require the letters of

22  recommendation described in this subsection to determine if

23  the driver should be reinstated on a restricted basis; if such

24  person fails to complete the approved course within 90 days

25  after reinstatement, the department shall cancel his or her

26  driver's license until the course is successfully completed.

27  The privilege of driving on a limited or restricted basis for

28  business or employment use shall not be granted to a person

29  who has been convicted of a violation of s. 316.193 until

30  completion of such education or training course. Except as

31  provided in paragraph (b), the privilege of driving on a


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                                       CS/HB 3257, First Engrossed



  1  limited or restricted basis for business or employment use

  2  shall not be granted to a person whose license is revoked

  3  pursuant to s. 322.28 or suspended pursuant to s. 322.2615 and

  4  who has been convicted of a violation of s. 316.193 two or

  5  more times or whose license has been suspended two or more

  6  times for refusal to submit to a test pursuant to s. 322.2615

  7  or former s. 322.261.

  8         (c)  For the purpose of this section, a previous

  9  conviction of driving under the influence, driving while

10  intoxicated, driving with an unlawful blood-alcohol level, or

11  any other similar alcohol-related or drug-related offense

12  outside this state or a previous conviction of former s.

13  316.1931, former s. 316.028, or former s. 860.01 shall be

14  considered a previous conviction for violation of s. 316.193.

15         (4)  Notwithstanding the provisions of s. 322.28(2)(e),

16  a person whose driving privilege has been permanently revoked

17  because he or she has been convicted four times of violating

18  s. 316.193 or former s. 316.1931 or because he or she has been

19  convicted of DUI manslaughter in violation of s. 316.193 may,

20  upon the expiration of 5 years after the date of such

21  revocation or the expiration of 5 years after the termination

22  of any term of incarceration under s. 316.193 or former s.

23  316.1931, whichever date is later, petition the department for

24  reinstatement of his or her driving privilege.

25         (a)  Within 30 days after the receipt of such a

26  petition, the department shall afford the petitioner an

27  opportunity for a hearing.  At the hearing, the petitioner

28  must demonstrate to the department that he or she:

29         1.  Has not been arrested for a drug-related offense

30  during the 5 years preceding the filing of the petition;

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                                       CS/HB 3257, First Engrossed



  1         2.  Has not driven a motor vehicle without a license

  2  for at least 5 years prior to the hearing;

  3         3.  Has been drug-free for at least 5 years prior to

  4  the hearing; and

  5         4.  Has completed a DUI program licensed by the

  6  department.

  7         (b)  At such hearing, the department shall determine

  8  the petitioner's qualification, fitness, and need to drive.

  9  Upon such determination, the department may, in its

10  discretion, reinstate the driver's license of the petitioner.

11  Such reinstatement must be made subject to the following

12  qualifications:

13         1.  The license must be restricted for employment

14  purposes for not less than 1 year; and

15         2.  Such person must be supervised by a DUI program

16  licensed by the department and report to the program for such

17  supervision and education at least four times a year or

18  additionally as required by the program for the remainder of

19  the revocation period.  Such supervision shall include

20  evaluation, education, referral into treatment, and other

21  activities required by the department.

22         (c)  Such person must assume the reasonable costs of

23  supervision.  If such person fails to comply with the required

24  supervision, the program shall report the failure to the

25  department, and the department shall cancel such person's

26  driving privilege.

27         (d)  If, after reinstatement, such person is convicted

28  of an offense for which mandatory revocation of his or her

29  license is required, the department shall revoke his or her

30  driving privilege.

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                                       CS/HB 3257, First Engrossed



  1         (e)  The department shall adopt rules regulating the

  2  providing of services by DUI programs pursuant to this

  3  section.

  4         322.282  Procedure when court revokes or suspends

  5  license or driving privilege and orders reinstatement.--When a

  6  court suspends or revokes a person's license or driving

  7  privilege and, in its discretion, orders reinstatement as

  8  provided by s. 322.28(2)(d) or former s. 322.261(5):

  9         (2)(a)  The court shall issue an order of

10  reinstatement, on a form to be furnished by the department,

11  which the person may take to any driver's license examining

12  office.  The department shall issue a temporary driver's

13  permit to a licensee who presents the court's order of

14  reinstatement, proof of completion of a department-approved

15  driver training or substance abuse education course, and a

16  written request for a hearing under s. 322.271.  The permit

17  shall not be issued if a record check by the department shows

18  that the person has previously been convicted for a violation

19  of s. 316.193, former s. 316.1931, former s. 316.028, former

20  s. 860.01, or a previous conviction outside this state for

21  driving under the influence, driving while intoxicated,

22  driving with an unlawful blood-alcohol level, or any similar

23  alcohol-related or drug-related traffic offense; that the

24  person's driving privilege has been previously suspended for

25  refusal to submit to a lawful test of breath, blood, or urine;

26  or that the person is otherwise not entitled to issuance of a

27  driver's license.  This paragraph shall not be construed to

28  prevent the reinstatement of a license or driving privilege

29  that is presently suspended for driving with an unlawful

30  blood-alcohol level or a refusal to submit to a breath, urine,

31  or blood test and is also revoked for a conviction for a


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                                       CS/HB 3257, First Engrossed



  1  violation of s. 316.193 or former s. 316.1931, if the

  2  suspension and revocation arise out of the same incident.

  3         322.291  Driver improvement schools; required in

  4  certain suspension and revocation cases.--Except as provided

  5  in s. 322.03(2), any person:

  6         (1)  Whose driving privilege has been revoked:

  7         (a)  Upon conviction for:

  8         1.  Driving, or being in actual physical control of,

  9  any vehicle while under the influence of alcoholic beverages,

10  any chemical substance set forth in s. 877.111, or any

11  substance controlled under chapter 893, in violation of s.

12  316.193;

13         2.  Driving with an unlawful blood- or breath-alcohol

14  level;

15         3.  Manslaughter resulting from the operation of a

16  motor vehicle;

17         4.  Failure to stop and render aid as required under

18  the laws of this state in the event of a motor vehicle

19  accident resulting in the death or personal injury of another;

20         5.  Reckless driving; or

21         (b)  As an habitual offender;

22         (c)  Upon direction of the court, if the court feels

23  that the seriousness of the offense and the circumstances

24  surrounding the conviction warrant the revocation of the

25  licensee's driving privilege; or

26         (2)  Whose license was suspended under the point

27  system, was suspended for driving with an unlawful

28  blood-alcohol level of 0.10 percent or higher before January

29  1, 1994, was suspended for driving with an unlawful

30  blood-alcohol level of 0.08 percent or higher after December

31


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                                       CS/HB 3257, First Engrossed



  1  31, 1993, or was suspended for refusing to submit to a lawful

  2  breath, blood, or urine test as provided in s. 322.2615

  3

  4  shall, before the driving privilege may be reinstated, present

  5  to the department proof of enrollment in a department-approved

  6  advanced driver improvement course or substance abuse

  7  education course.  If the person fails to complete such course

  8  within 90 days after reinstatement, the driver's license shall

  9  be canceled by the department until such course is

10  successfully completed.

11         322.44  Driver License Compact.--The Driver License

12  Compact is hereby enacted into law and entered into with all

13  other jurisdictions legally joining therein in the form

14  substantially as follows:

15

16                            ARTICLE I

17

18         FINDINGS AND DECLARATION OF POLICY.--

19         (1)  The party states find that:

20         (a)  The safety of their streets and highways is

21  materially affected by the degree of compliance with state

22  laws and local ordinances relating to the operation of motor

23  vehicles;

24         (b)  Violation of such a law or ordinance is evidence

25  that the violator engages in conduct which is likely to

26  endanger the safety of persons and property;

27         (c)  The continuance in force of a license to drive is

28  predicated upon compliance with laws and ordinances relating

29  to the operation of motor vehicles, in whichever jurisdiction

30  the vehicle is operated.

31         (2)  It is the policy of each of the party states to:


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                                       CS/HB 3257, First Engrossed



  1         (a)  Promote compliance with the laws, ordinances, and

  2  administrative rules and regulations relating to the operation

  3  of motor vehicles by their operators in each of the

  4  jurisdictions where such operators drive motor vehicles;

  5         (b)  Make the reciprocal recognition of licenses to

  6  drive and eligibility therefor more just and equitable by

  7  considering the overall compliance with motor vehicle laws,

  8  ordinances, and administrative rules and regulations as a

  9  condition precedent to the continuance or issuance of any

10  license by reason of which the licensee is authorized or

11  permitted to operate a motor vehicle in any of the party

12  states.

13

14                            ARTICLE II

15

16         DEFINITIONS.--As used in this compact:

17         (1)  "State" means a state, territory or possession of

18  the United States, the District of Columbia, or the

19  Commonwealth of Puerto Rico.

20         (2)  "Home state" means the state which has issued and

21  has the power to suspend or revoke the use of the license or

22  permit to operate a motor vehicle.

23         (3)  "Conviction" means a conviction of any offense

24  related to the use or operation of a motor vehicle which is

25  prohibited by state law, municipal ordinance, or

26  administrative rule or regulation, or a forfeiture of bail,

27  bond, or other security deposited to secure appearance by a

28  person charged with having committed any such offense, and

29  which conviction or forfeiture is required to be reported to

30  the licensing authority.

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                                       CS/HB 3257, First Engrossed



  1                           ARTICLE III

  2

  3         REPORTS OF CONVICTION.--The licensing authority of a

  4  party state shall report each conviction of a person from

  5  another party state occurring within its jurisdiction to the

  6  licensing authority of the home state of the licensee. Such

  7  report shall clearly identify the person convicted; describe

  8  the violation specifying the section of the statute, code, or

  9  ordinance violated; identify the court in which action was

10  taken; indicate whether a plea of guilty or not guilty was

11  entered or the conviction was a result of the forfeiture of

12  bail, bond, or other security; and shall include any special

13  findings made in connection therewith.

14

15                            ARTICLE IV

16

17         EFFECT OF CONVICTION.--

18         (1)  The licensing authority in the home state, for the

19  purposes of suspension, revocation, or limitation of the

20  license to operate a motor vehicle, shall give the same effect

21  to the conduct reported, pursuant to article III, as it would

22  if such conduct had occurred in the home state, in the case of

23  convictions for:

24         (a)  Manslaughter or negligent homicide resulting from

25  the operation of a motor vehicle, as provided by ss. 316.193

26  and 322.26;

27         (b)  Driving a motor vehicle while under the influence

28  of alcoholic beverages or a narcotic drug, or under the

29  influence of any other drug to a degree which renders the

30  driver incapable of safely driving a motor vehicle, as

31  provided by s. 316.193;


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                                       CS/HB 3257, First Engrossed



  1         (c)  Any felony in the commission of which a motor

  2  vehicle is used, as provided by s. 322.26; or

  3         (d)  Failure to stop and render aid in the event of a

  4  motor vehicle accident resulting in the death or personal

  5  injury of another, as provided by s. 322.26.

  6         (2)  As to other convictions, reported pursuant to

  7  article III, the licensing authority in the home state shall

  8  give such effect to the conduct as is provided by the laws of

  9  the home state.

10

11                            ARTICLE V

12

13         APPLICATIONS FOR NEW LICENSES.--Upon application for a

14  license to drive, the licensing authority in a party state

15  shall ascertain whether the applicant has ever held, or is the

16  holder of, a license to drive issued by any other party state.

17  The licensing authority in the state where application is made

18  shall not issue a license to drive to the applicant if:

19         (1)  The applicant has held such a license, but the

20  same has been suspended by reason, in whole or in part, of a

21  violation and if such suspension period has not terminated.

22         (2)  The applicant has held such a license, but the

23  same has been revoked by reason, in whole or in part, of a

24  violation and if such revocation has not terminated, except

25  that after the expiration of 1 year from the date the license

26  was revoked, such person may make application for a new

27  license if permitted by law. The licensing authority may

28  refuse to issue a license to any such applicant if, after

29  investigation, the licensing authority determines that it will

30  not be safe to grant to such person the privilege of driving a

31  motor vehicle on the public highways.


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                                       CS/HB 3257, First Engrossed



  1         (3)  The applicant is the holder of a license to drive

  2  issued by another party state and currently in force unless

  3  the applicant surrenders such license.

  4

  5                            ARTICLE VI

  6

  7         APPLICABILITY OF OTHER LAWS.--Except as expressly

  8  required by provisions of this compact, nothing contained

  9  herein shall be construed to affect the right of any party

10  state to apply any of its other laws relating to licenses to

11  drive to any person or circumstance, nor to invalidate or

12  prevent any driver license agreement or other cooperative

13  arrangement between a party state and a nonparty state.

14

15                           ARTICLE VII

16

17         COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION.--

18         (1)  The head of the licensing authority of each party

19  state shall be the administrator of this compact for his or

20  her state. The administrators, acting jointly, shall have the

21  power to formulate all necessary and proper procedures for the

22  exchange of information under this compact.

23         (2)  The administrator of each party state shall

24  furnish to the administrator of each other party state any

25  information or documents reasonably necessary to facilitate

26  the administration of this compact.

27

28                           ARTICLE VIII

29

30         ENTRY INTO FORCE AND WITHDRAWAL.--

31


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                                       CS/HB 3257, First Engrossed



  1         (1)  This compact shall enter into force and become

  2  effective as to any state when it has enacted the same into

  3  law.

  4         (2)  Any party state may withdraw from this compact by

  5  enacting a statute repealing the same, but no such withdrawal

  6  shall take effect until 6 months after the executive head of

  7  the withdrawing state has given notice of the withdrawal to

  8  the executive heads of all other party states.  No withdrawal

  9  shall affect the validity or applicability by the licensing

10  authorities of states remaining party to the compact of any

11  report of conviction occurring prior to the withdrawal.

12

13                            ARTICLE IX

14

15         CONSTRUCTION AND SEVERABILITY.--This compact shall be

16  liberally construed so as to effectuate the purposes thereof.

17  The provisions of this compact shall be severable; and if any

18  phrase, clause, sentence, or provision of this compact is

19  declared to be contrary to the constitution of any party state

20  or of the United States or the applicability thereof to any

21  government, agency, person, or circumstance is held invalid,

22  the validity of the remainder of this compact and the

23  applicability thereof to any government, agency, person, or

24  circumstance shall not be affected thereby.  If this compact

25  shall be held contrary to the constitution of any state party

26  thereto, the compact shall remain in full force and effect as

27  to the remaining states and in full force and effect as to the

28  state affected as to all severable matters.

29         322.62  Driving under the influence; commercial motor

30  vehicle operators.--

31


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                                       CS/HB 3257, First Engrossed



  1         (3)  This section does not supersede s. 316.193.

  2  Nothing in this section prohibits the prosecution of a person

  3  who drives a commercial motor vehicle for driving under the

  4  influence of alcohol or controlled substances whether or not

  5  such person is also prosecuted for a violation of this

  6  section.

  7         322.63  Alcohol or drug testing; commercial motor

  8  vehicle operators.--

  9         (2)  The chemical and physical tests authorized by this

10  section shall only be required if a law enforcement officer

11  has reasonable cause to believe that a person driving a

12  commercial motor vehicle has any alcohol, chemical substance,

13  or controlled substance in his or her body.

14         (d)  The administration of one test under paragraph

15  (a), paragraph (b), or paragraph (c) shall not preclude the

16  administration of a different test under paragraph (a),

17  paragraph (b), or paragraph (c).  However, a urine test may

18  not be used to determine alcohol concentration and a breath

19  test may not be used to determine the presence of controlled

20  substances or chemical substances in a person's body.

21  Notwithstanding the provisions of this paragraph, in the event

22  a Florida licensee has been convicted in another state for an

23  offense substantially similar to s. 316.193 or to s. 322.62,

24  which conviction was based upon evidence of test results

25  prohibited by this paragraph, that out-of-state conviction

26  shall constitute a conviction for the purposes of this

27  chapter.

28         (6)  Notwithstanding any provision of law pertaining to

29  the confidentiality of hospital records or other medical

30  records, information relating to the alcohol content of a

31  person's blood or the presence of chemical substances or


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                                       CS/HB 3257, First Engrossed



  1  controlled substances in a person's blood obtained pursuant to

  2  this section shall be released to a court, prosecuting

  3  attorney, defense attorney, or law enforcement officer in

  4  connection with an alleged violation of s. 316.193 or s.

  5  322.62 upon request for such information.

  6         322.64  Holder of commercial driver's license; driving

  7  with unlawful blood-alcohol level; refusal to submit to

  8  breath, urine, or blood test.--

  9         (1)(a)  A law enforcement officer or correctional

10  officer shall, on behalf of the department, disqualify from

11  operating any commercial motor vehicle a person who while

12  operating or in actual physical control of a commercial motor

13  vehicle is arrested for a violation of s. 316.193, relating to

14  unlawful blood-alcohol level or breath-alcohol level, or a

15  person who has refused to submit to a breath, urine, or blood

16  test authorized by s. 322.63 arising out of the operation or

17  actual physical control of a commercial motor vehicle.  Upon

18  disqualification of the person, the officer shall take the

19  person's driver's license and issue the person a 30-day

20  temporary permit if the person is otherwise eligible for the

21  driving privilege and shall issue the person a notice of

22  disqualification.  If the person has been given a blood,

23  breath, or urine test, the results of which are not available

24  to the officer at the time of the arrest, the agency employing

25  the officer shall transmit such results to the department

26  within 5 days after receipt of the results.  If the department

27  then determines that the person was arrested for a violation

28  of s. 316.193 and that the person had a blood-alcohol level or

29  breath-alcohol level of 0.08 or higher, the department shall

30  disqualify the person from operating a commercial motor

31  vehicle pursuant to subsection (3).


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                                       CS/HB 3257, First Engrossed



  1         (b)  The disqualification under paragraph (a) shall be

  2  pursuant to, and the notice of disqualification shall inform

  3  the driver of, the following:

  4         1.a.  The driver refused to submit to a lawful breath,

  5  blood, or urine test and he or she is disqualified from

  6  operating a commercial motor vehicle for a period of 1 year,

  7  for a first refusal, or permanently, if he or she has

  8  previously been disqualified as a result of a refusal to

  9  submit to such a test; or

10         b.  The driver violated s. 316.193 by driving with an

11  unlawful blood-alcohol level and he or she is disqualified

12  from operating a commercial motor vehicle for a period of 6

13  months for a first offense or for a period of 1 year if he or

14  she has previously been disqualified, or his or her driving

15  privilege has been previously suspended, for a violation of s.

16  316.193.

17         2.  The disqualification period shall commence on the

18  date of arrest or issuance of notice of disqualification,

19  whichever is later.

20         3.  The driver may request a formal or informal review

21  of the disqualification by the department within 10 days after

22  the date of arrest or issuance of notice of disqualification,

23  whichever is later.

24         4.  The temporary permit issued at the time of arrest

25  or disqualification will expire at midnight of the 30th day

26  following the date of disqualification.

27         5.  The driver may submit to the department any

28  materials relevant to the arrest.

29         (2)  Except as provided in paragraph (1)(a), the law

30  enforcement officer shall forward to the department, within 5

31  days after the date of the arrest or the issuance of the


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                                       CS/HB 3257, First Engrossed



  1  notice of disqualification, whichever is later, a copy of the

  2  notice of disqualification, the driver's license of the person

  3  arrested, and a report of the arrest, including, if

  4  applicable, an affidavit stating the officer's grounds for

  5  belief that the person arrested was in violation of s.

  6  316.193; the results of any breath or blood test or an

  7  affidavit stating that a breath, blood, or urine test was

  8  requested by a law enforcement officer or correctional officer

  9  and that the person arrested refused to submit; a copy of the

10  citation issued to the person arrested; and the officer's

11  description of the person's field sobriety test, if any.  The

12  failure of the officer to submit materials within the 5-day

13  period specified in this subsection or subsection (1) shall

14  not affect the department's ability to consider any evidence

15  submitted at or prior to the hearing.  The officer may also

16  submit a copy of a videotape of the field sobriety test or the

17  attempt to administer such test.

18         (7)  In a formal review hearing under subsection (6) or

19  an informal review hearing under subsection (4), the hearing

20  officer shall determine by a preponderance of the evidence

21  whether sufficient cause exists to sustain, amend, or

22  invalidate the disqualification.  The scope of the review

23  shall be limited to the following issues:

24         (a)  If the person was disqualified from operating a

25  commercial motor vehicle for driving with an unlawful

26  blood-alcohol level in violation of s. 316.193:

27         1.  Whether the arresting law enforcement officer had

28  probable cause to believe that the person was driving or in

29  actual physical control of a commercial motor vehicle in this

30  state while he or she had any alcohol, chemical substances, or

31  controlled substances in his or her body.


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                                       CS/HB 3257, First Engrossed



  1         2.  Whether the person was placed under lawful arrest

  2  for a violation of s. 316.193.

  3         3.  Whether the person had an unlawful blood-alcohol

  4  level as provided in s. 316.193.

  5         (8)  Based on the determination of the hearing officer

  6  pursuant to subsection (7) for both informal hearings under

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

  8  department shall:

  9         (b)  Sustain the disqualification for a period of 6

10  months for a violation of s. 316.193 or for a period of 1 year

11  if the person has been previously disqualified from operating

12  a commercial motor vehicle or his or her driving privilege has

13  been previously suspended as a result of a violation of s.

14  316.193.  The disqualification period commences on the date of

15  the arrest or issuance of the notice of disqualification,

16  whichever is later.

17         (14)  The decision of the department under this section

18  shall not be considered in any trial for a violation of s.

19  316.193, s. 322.61, or s. 322.62, nor shall any written

20  statement submitted by a person in his or her request for

21  departmental review under this section be admissible into

22  evidence against him or her in any such trial.  The

23  disposition of any related criminal proceedings shall not

24  affect a disqualification imposed pursuant to this section.

25         (15)  This section does not preclude the suspension of

26  the driving privilege pursuant to s. 322.2615.  The driving

27  privilege of a person who has been disqualified from operating

28  a commercial motor vehicle also may be suspended for a

29  violation of s. 316.193.

30         327.35  Boating under the influence; penalties.--

31


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                                       CS/HB 3257, First Engrossed



  1         (6)  With respect to any person convicted of a

  2  violation of subsection (1), regardless of any other penalty

  3  imposed:

  4         (a)  For the first conviction, the court shall place

  5  the defendant on probation for a period not to exceed 1 year

  6  and, as a condition of such probation, shall order the

  7  defendant to participate in public service or a community work

  8  project for a minimum of 50 hours. The total period of

  9  probation and incarceration may not exceed 1 year.

10         (b)  For the second conviction for an offense that

11  occurs within a period of 5 years after the date of a prior

12  conviction for violation of this section, the court shall

13  order imprisonment for not less than 10 days.  At least 48

14  hours of confinement must be consecutive.

15         (c)  For the third or subsequent conviction for an

16  offense that occurs within a period of 10 years after the date

17  of a prior conviction for violation of this section, the court

18  shall order imprisonment for not less than 30 days. At least

19  48 hours of confinement must be consecutive.

20         (d)  In addition to any other penalty imposed, the

21  court shall also order the impoundment or immobilization of

22  the vessel that was operated by, or in the actual physical

23  control of, the offender. The period of impoundment or

24  immobilization is 10 days, or, for the second conviction

25  within 3 years, 30 days, or, for the third conviction within 5

26  years, 90 days and may not be concurrent with probation or

27  imprisonment. If the vessel is leased or rented, the period of

28  impoundment or immobilization may not extend beyond the

29  expiration of the lease or rental agreement. Within 7 business

30  days after the date that the court issues the order of

31  impoundment or immobilization, the clerk of the court shall


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                                       CS/HB 3257, First Engrossed



  1  send notice by certified mail, return receipt requested, to

  2  the registered owner of the vessel if the registered owner is

  3  a person other than the offender and to each person of record

  4  claiming a lien against the vessel. All costs and fees for the

  5  impoundment or immobilization, including the cost of

  6  notification, must be paid by the owner of the vessel or, if

  7  the vessel is leased or rented, by the person leasing or

  8  renting the vessel. The person who owns a vessel that is

  9  impounded or immobilized under this paragraph, or a person who

10  has a lien of record against such a vessel, may, within 10

11  days after the date that person has knowledge of the location

12  of the vessel, file a complaint in the county in which the

13  owner resides to determine whether the vessel was wrongfully

14  taken or withheld from the owner or lienholder. Upon the

15  filing of a complaint, the owner or lienholder may have the

16  vessel released by posting with the court a bond or other

17  adequate security equal to the amount of the costs and fees

18  for impoundment or immobilization, including towing or

19  storage, to ensure the payment of the costs and fees if the

20  owner or lienholder does not prevail. When the bond is posted

21  and the fee is paid as set forth in s. 28.24, the clerk of the

22  court shall issue a certificate releasing the vessel. At the

23  time of release, after reasonable inspection, the owner or

24  lienholder must give a receipt to the towing or storage

25  company indicating any loss or damage to the vessel or to the

26  contents of the vessel.

27         (e)  A defendant, in the court's discretion, may be

28  required to serve all or any portion of a term of imprisonment

29  to which the defendant has been sentenced pursuant to this

30  section in a residential alcoholism treatment program or a

31  residential drug abuse treatment program. Any time spent in


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                                       CS/HB 3257, First Engrossed



  1  such a program must be credited by the court toward the term

  2  of imprisonment.

  3

  4  For the purposes of this section, any conviction for a

  5  violation of s. 316.193, a previous conviction for the

  6  violation of former s. 316.1931, former s. 860.01, or former

  7  s. 316.028, or a previous conviction outside this state for

  8  driving under the influence, driving while intoxicated,

  9  driving with an unlawful blood-alcohol level, driving with an

10  unlawful breath-alcohol level, or any other similar

11  alcohol-related or drug-related traffic offense, is also

12  considered a previous conviction for violation of this

13  section.

14         397.405  Exemptions from licensure.--The following are

15  exempt from the licensing provisions of this chapter:

16         (10)  DUI education and screening services required to

17  be attended pursuant to ss. 316.192, 316.193, 322.095,

18  322.271, and 322.291 are exempt from licensure under this

19  chapter.  Treatment programs must continue to be licensed

20  under this chapter.

21

22  The exemptions from licensure in this section do not apply to

23  any facility or entity which receives an appropriation, grant,

24  or contract from the state to operate as a service provider as

25  defined in this chapter or to any substance abuse program

26  regulated pursuant to s. 397.406.  No provision of this

27  chapter shall be construed to limit the practice of a

28  physician licensed under chapter 458 or chapter 459, a

29  psychologist licensed under chapter 490, or a psychotherapist

30  licensed under chapter 491, providing outpatient or inpatient

31  substance abuse treatment to a voluntary patient, so long as


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                                       CS/HB 3257, First Engrossed



  1  the physician, psychologist, or psychotherapist does not

  2  represent to the public that he or she is a licensed service

  3  provider under this act. Failure to comply with any

  4  requirement necessary to maintain an exempt status under this

  5  section is a misdemeanor of the first degree, punishable as

  6  provided in s. 775.082 or s. 775.083.

  7         440.09  Coverage.--

  8         (7)

  9         (b)  If the employee has, at the time of the injury, a

10  blood alcohol level equal to or greater than the level

11  specified in s. 316.193, or if the employee has a positive

12  confirmation of a drug as defined in this act, it is presumed

13  that the injury was occasioned primarily by the intoxication

14  of, or by the influence of the drug upon, the employee. In the

15  absence of a drug-free workplace program, this presumption may

16  be rebutted by clear and convincing evidence that the

17  intoxication or influence of the drug did not contribute to

18  the injury. Percent by weight of alcohol in the blood must be

19  based upon grams of alcohol per 100 milliliters of blood. If

20  the results are positive, the testing facility must maintain

21  the specimen for a minimum of 90 days. Blood serum may be used

22  for testing purposes under this chapter; however, if this test

23  is used, the presumptions under this section do not arise

24  unless the blood alcohol level is proved to be medically and

25  scientifically equivalent to or greater than the comparable

26  blood alcohol level that would have been obtained if the test

27  were based on percent by weight of alcohol in the blood.

28  However, if, before the accident, the employer had actual

29  knowledge of and expressly acquiesced in the employee's

30  presence at the workplace while under the influence of such

31


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                                       CS/HB 3257, First Engrossed



  1  alcohol or drug, the presumptions specified in this subsection

  2  do not apply.

  3         493.6106  License requirements; posting.--

  4         (1)  Each individual licensed by the department must:

  5         (d)  Not be a chronic and habitual user of alcoholic

  6  beverages to the extent that her or his normal faculties are

  7  impaired; not have been committed under chapter 397, former

  8  chapter 396, or a similar law in any other state; not have

  9  been found to be a habitual offender under s. 856.011(3) or a

10  similar law in any other state; and not have had two or more

11  convictions under s. 316.193 or a similar law in any other

12  state within the 3-year period immediately preceding the date

13  the application was filed, unless the individual establishes

14  that she or he is not currently impaired and has successfully

15  completed a rehabilitation course.

16         627.758  Surety on auto club traffic arrest bond;

17  conditions, limit; bail bond.--

18         (4)  Notwithstanding the provisions of s. 626.311 or

19  chapter 648, any surety insurer identified in a guaranteed

20  traffic arrest bond certificate or any licensed general lines

21  agent of the surety insurer may execute a bail bond for the

22  automobile club or association member identified in the

23  guaranteed traffic arrest bond certificate in an amount not in

24  excess of $5,000 for any violation of chapter 316 or any

25  similar traffic law or ordinance except for driving under the

26  influence of alcoholic beverages, chemical substances, or

27  controlled substances, as prohibited by s. 316.193.

28         790.06  License to carry concealed weapon or firearm.--

29         (2)  The Department of State shall issue a license if

30  the applicant:

31


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                                       CS/HB 3257, First Engrossed



  1         (f)  Does not chronically and habitually use alcoholic

  2  beverages or other substances to the extent that his or her

  3  normal faculties are impaired. It shall be presumed that an

  4  applicant chronically and habitually uses alcoholic beverages

  5  or other substances to the extent that his or her normal

  6  faculties are impaired if the applicant has been committed

  7  under chapter 397 or under the provisions of former chapter

  8  396 or has been convicted under s. 790.151 or has been deemed

  9  a habitual offender under s. 856.011(3), or has had two or

10  more convictions under s. 316.193 or similar laws of any other

11  state, within the 3-year period immediately preceding the date

12  on which the application is submitted;

13         (10)  A license issued under this section shall be

14  suspended or revoked pursuant to chapter 120 if the licensee:

15         (f)  Is convicted of a second violation of s. 316.193,

16  or a similar law of another state, within 3 years of a

17  previous conviction of such section, or similar law of another

18  state, even though the first violation may have occurred prior

19  to the date on which the application was submitted;

20         903.36  Guaranteed arrest bond certificates as cash

21  bail.--

22         (2)  The execution of a bail bond by a licensed general

23  lines agent of a surety insurer for the automobile club or

24  association member identified in the guaranteed traffic arrest

25  bond certificate, as provided in s. 627.758(4), shall be

26  accepted as bail in an amount not to exceed $5,000 for the

27  appearance of the person named in the certificate in any court

28  to answer for the violation of a provision of chapter 316 or a

29  similar traffic law or ordinance, except driving under the

30  influence of alcoholic beverages, chemical substances, or

31  controlled substances, as prohibited by s. 316.193.


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                                       CS/HB 3257, First Engrossed



  1  Presentation of the guaranteed traffic arrest bond certificate

  2  and a power of attorney from the surety insurer for its

  3  licensed general lines agents is authorization for such agent

  4  to execute the bail bond.

  5         921.0022  Criminal Punishment Code; offense severity

  6  ranking chart.--

  7         (3)  OFFENSE SEVERITY RANKING CHART

  8

  9  Florida           Felony

10  Statute           Degree             Description

11

12                              (g)  LEVEL 7

13  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

14                              injury.

15  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

16                              bodily injury.

17  409.920(2)         3rd      Medicaid provider fraud.

18  494.0018(2)        1st      Conviction of any violation of

19                              ss. 494.001-494.0077 in which the

20                              total money and property

21                              unlawfully obtained exceeded

22                              $50,000 and there were five or

23                              more victims.

24  782.07(1)          2nd      Killing of a human being by the

25                              act, procurement, or culpable

26                              negligence of another

27                              (manslaughter).

28  782.071            3rd      Killing of human being by the

29                              operation of a motor vehicle in a

30                              reckless manner (vehicular

31                              homicide).


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                                       CS/HB 3257, First Engrossed



  1  782.072            3rd      Killing of a human being by the

  2                              operation of a vessel in a

  3                              reckless manner (vessel

  4                              homicide).

  5  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

  6                              causing great bodily harm or

  7                              disfigurement.

  8  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

  9                              weapon.

10  784.045(1)(b)      2nd      Aggravated battery; perpetrator

11                              aware victim pregnant.

12  784.048(4)         3rd      Aggravated stalking; violation of

13                              injunction or court order.

14  784.07(2)(d)       1st      Aggravated battery on law

15                              enforcement officer.

16  784.08(2)(a)       1st      Aggravated battery on a person 65

17                              years of age or older.

18  784.081(1)         1st      Aggravated battery on specified

19                              official or employee.

20  784.082(1)         1st      Aggravated battery by detained

21                              person on visitor or other

22                              detainee.

23  790.07(4)          1st      Specified weapons violation

24                              subsequent to previous conviction

25                              of s. 790.07(1) or (2).

26  790.16(1)          1st      Discharge of a machine gun under

27                              specified circumstances.

28  796.03             2nd      Procuring any person under 16

29                              years for prostitution.

30

31


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                                       CS/HB 3257, First Engrossed



  1  800.04             2nd      Handle, fondle, or assault child

  2                              under 16 years in lewd,

  3                              lascivious, or indecent manner.

  4  806.01(2)          2nd      Maliciously damage structure by

  5                              fire or explosive.

  6  810.02(3)(a)       2nd      Burglary of occupied dwelling;

  7                              unarmed; no assault or battery.

  8  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

  9                              unarmed; no assault or battery.

10  810.02(3)(d)       2nd      Burglary of occupied conveyance;

11                              unarmed; no assault or battery.

12  812.014(2)(a)      1st      Property stolen, valued at

13                              $100,000 or more; property stolen

14                              while causing other property

15                              damage; 1st degree grand theft.

16  812.019(2)         1st      Stolen property; initiates,

17                              organizes, plans, etc., the theft

18                              of property and traffics in

19                              stolen property.

20  812.133(2)(b)      1st      Carjacking; no firearm, deadly

21                              weapon, or other weapon.

22  825.102(3)(b)      2nd      Neglecting an elderly person or

23                              disabled adult causing great

24                              bodily harm, disability, or

25                              disfigurement.

26  825.1025(2)        2nd      Lewd or lascivious battery upon

27                              an elderly person or disabled

28                              adult.

29

30

31


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                                       CS/HB 3257, First Engrossed



  1  825.103(2)(b)      2nd      Exploiting an elderly person or

  2                              disabled adult and property is

  3                              valued at $20,000 or more, but

  4                              less than $100,000.

  5  827.03(3)(b)       2nd      Neglect of a child causing great

  6                              bodily harm, disability, or

  7                              disfigurement.

  8  827.04(4)          3rd      Impregnation of a child under 16

  9                              years of age by person 21 years

10                              of age or older.

11  872.06             2nd      Abuse of a dead human body.

12  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

13                              cocaine (or other s.

14                              893.03(1)(a), (1)(b), (1)(d),

15                              (2)(a), or (2)(b) drugs) within

16                              1,000 feet of a school.

17  893.13(4)(a)       1st      Deliver to minor cocaine (or

18                              other s. 893.03(1)(a), (1)(b),

19                              (1)(d), (2)(a), or (2)(b) drugs).

20  893.135(1)(a)1.    1st      Trafficking in cannabis, more

21                              than 50 lbs., less than 2,000

22                              lbs.

23  893.135

24   (1)(b)1.a.        1st      Trafficking in cocaine, more than

25                              28 grams, less than 200 grams.

26  893.135

27   (1)(c)1.a.        1st      Trafficking in illegal drugs,

28                              more than 4 grams, less than 14

29                              grams.

30

31


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                                       CS/HB 3257, First Engrossed



  1  893.135

  2   (1)(d)1.          1st      Trafficking in phencyclidine,

  3                              more than 28 grams, less than 200

  4                              grams.

  5  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

  6                              than 200 grams, less than 5

  7                              kilograms.

  8  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

  9                              than 14 grams, less than 28

10                              grams.

11                              (h)  LEVEL 8

12  316.193

13   (3)(c)3.a.        2nd      DUI manslaughter.

14  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

15  777.03(2)(a)       1st      Accessory after the fact, capital

16                              felony.

17  782.04(4)          2nd      Killing of human without design

18                              when engaged in act or attempt of

19                              any felony other than arson,

20                              sexual battery, robbery,

21                              burglary, kidnapping, aircraft

22                              piracy, or unlawfully discharging

23                              bomb.

24  782.071(2)         2nd      Committing vehicular homicide and

25                              failing to render aid or give

26                              information.

27  782.072(2)         2nd      Committing vessel homicide and

28                              failing to render aid or give

29                              information.

30

31


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                                       CS/HB 3257, First Engrossed



  1  790.161(3)         1st      Discharging a destructive device

  2                              which results in bodily harm or

  3                              property damage.

  4  794.011(5)         2nd      Sexual battery, victim 12 years

  5                              or over, offender does not use

  6                              physical force likely to cause

  7                              serious injury.

  8  806.01(1)          1st      Maliciously damage dwelling or

  9                              structure by fire or explosive,

10                              believing person in structure.

11  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

12  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

13                              or dangerous weapon.

14  810.02(2)(c)       1st      Burglary of a dwelling or

15                              structure causing structural

16                              damage or $1,000 or more property

17                              damage.

18  812.13(2)(b)       1st      Robbery with a weapon.

19  812.135(2)         1st      Home-invasion robbery.

20  825.102(2)         2nd      Aggravated abuse of an elderly

21                              person or disabled adult.

22  825.103(2)(a)      1st      Exploiting an elderly person or

23                              disabled adult and property is

24                              valued at $100,000 or more.

25  827.03(2)          2nd      Aggravated child abuse.

26  860.121(2)(c)      1st      Shooting at or throwing any

27                              object in path of railroad

28                              vehicle resulting in great bodily

29                              harm.

30  860.16             1st      Aircraft piracy.

31


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                                       CS/HB 3257, First Engrossed



  1  893.13(1)(b)       1st      Sell or deliver in excess of 10

  2                              grams of any substance specified

  3                              in s. 893.03(1)(a) or (b).

  4  893.13(2)(b)       1st      Purchase in excess of 10 grams of

  5                              any substance specified in s.

  6                              893.03(1)(a) or (b).

  7  893.13(6)(c)       1st      Possess in excess of 10 grams of

  8                              any substance specified in s.

  9                              893.03(1)(a) or (b).

10  893.135(1)(a)2.    1st      Trafficking in cannabis, more

11                              than 2,000 lbs., less than 10,000

12                              lbs.

13  893.135

14   (1)(b)1.b.        1st      Trafficking in cocaine, more than

15                              200 grams, less than 400 grams.

16  893.135

17   (1)(c)1.b.        1st      Trafficking in illegal drugs,

18                              more than 14 grams, less than 28

19                              grams.

20  893.135

21   (1)(d)1.b.        1st      Trafficking in phencyclidine,

22                              more than 200 grams, less than

23                              400 grams.

24  893.135

25   (1)(e)1.b.        1st      Trafficking in methaqualone, more

26                              than 5 kilograms, less than 25

27                              kilograms.

28  893.135

29   (1)(f)1.b.        1st      Trafficking in amphetamine, more

30                              than 28 grams, less than 200

31                              grams.


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                                       CS/HB 3257, First Engrossed



  1  895.03(1)          1st      Use or invest proceeds derived

  2                              from pattern of racketeering

  3                              activity.

  4  895.03(2)          1st      Acquire or maintain through

  5                              racketeering activity any

  6                              interest in or control of any

  7                              enterprise or real property.

  8  895.03(3)          1st      Conduct or participate in any

  9                              enterprise through pattern of

10                              racketeering activity.

11                              (i)  LEVEL 9

12  316.193

13   (3)(c)3.b.        1st      DUI manslaughter; failing to

14                              render aid or give information.

15  782.04(1)          1st      Attempt, conspire, or solicit to

16                              commit premeditated murder.

17  782.04(3)          1st,PBL   Accomplice to murder in

18                              connection with arson, sexual

19                              battery, robbery, burglary, and

20                              other specified felonies.

21  782.07(2)          1st      Aggravated manslaughter of an

22                              elderly person or disabled adult.

23  782.07(3)          1st      Aggravated manslaughter of a

24                              child.

25  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

26                              reward or as a shield or hostage.

27  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

28                              or facilitate commission of any

29                              felony.

30

31


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                                       CS/HB 3257, First Engrossed



  1  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

  2                              interfere with performance of any

  3                              governmental or political

  4                              function.

  5  787.02(3)(a)       1st      False imprisonment; child under

  6                              age 13; perpetrator also commits

  7                              child abuse, sexual battery,

  8                              lewd, or lascivious act, etc.

  9  790.161            1st      Attempted capital destructive

10                              device offense.

11  794.011(2)         1st      Attempted sexual battery; victim

12                              less than 12 years of age.

13  794.011(2)         Life     Sexual battery; offender younger

14                              than 18 years and commits sexual

15                              battery on a person less than 12

16                              years.

17  794.011(4)         1st      Sexual battery; victim 12 years

18                              or older, certain circumstances.

19  794.011(8)(b)      1st      Sexual battery; engage in sexual

20                              conduct with minor 12 to 18 years

21                              by person in familial or

22                              custodial authority.

23  812.13(2)(a)       1st,PBL  Robbery with firearm or other

24                              deadly weapon.

25  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

26                              deadly weapon.

27  847.0145(1)        1st      Selling, or otherwise

28                              transferring custody or control,

29                              of a minor.

30

31


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                                       CS/HB 3257, First Engrossed



  1  847.0145(2)        1st      Purchasing, or otherwise

  2                              obtaining custody or control, of

  3                              a minor.

  4  859.01             1st      Poisoning food, drink, medicine,

  5                              or water with intent to kill or

  6                              injure another person.

  7  893.135            1st      Attempted capital trafficking

  8                              offense.

  9  893.135(1)(a)3.    1st      Trafficking in cannabis, more

10                              than 10,000 lbs.

11  893.135

12   (1)(b)1.c.        1st      Trafficking in cocaine, more than

13                              400 grams, less than 150

14                              kilograms.

15  893.135

16   (1)(c)1.c.        1st      Trafficking in illegal drugs,

17                              more than 28 grams, less than 30

18                              kilograms.

19  893.135

20   (1)(d)1.c.        1st      Trafficking in phencyclidine,

21                              more than 400 grams.

22  893.135

23   (1)(e)1.c.        1st      Trafficking in methaqualone, more

24                              than 25 kilograms.

25  893.135

26   (1)(f)1.c.        1st      Trafficking in amphetamine, more

27                              than 200 grams.

28         938.07  Driving under the influence.--Notwithstanding

29  any other provision of s. 316.193, a court cost of $135 shall

30  be added to any fine imposed pursuant to s. 316.193, of which

31  $25 shall be deposited in the Emergency Medical Services Trust


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                                       CS/HB 3257, First Engrossed



  1  Fund, $50 shall be deposited in the Criminal Justice Standards

  2  and Training Trust Fund of the Department of Law Enforcement

  3  to be used for operational expenses of the Division of Local

  4  Law Enforcement Assistance in conducting the statewide

  5  criminal analysis laboratory system established in s. 943.32,

  6  and $60 shall be deposited in the Brain and Spinal Cord Injury

  7  Rehabilitation Trust Fund created in s. 413.613.

  8         938.21  Alcohol and drug abuse

  9  programs.--Notwithstanding any provision to the contrary of

10  the laws of this state, the court may assess for alcohol and

11  other drug abuse programs as provided in s. 893.165 any

12  defendant who pleads guilty or nolo contendere to, or is

13  convicted of, a violation of any provision of chapter 893 or

14  which involves a criminal violation of s. 316.193, s. 856.011,

15  s. 856.015, or chapter 562, chapter 567, or chapter 568, in

16  addition to any fine and other penalty provided by law, a

17  court cost in an amount up to the amount of the fine

18  authorized for the violation. The court is authorized to order

19  a defendant to pay an additional assessment if it finds that

20  the defendant has the ability to pay the fine and the

21  additional assessment and will not be prevented thereby from

22  being rehabilitated or from making restitution.

23         938.23  Assistance grants for alcohol and other drug

24  abuse programs.--

25         (1)  In addition to any fine imposed by law for any

26  criminal offense under chapter 893 or for any criminal

27  violation of s. 316.193, s. 856.011, s. 856.015, or chapter

28  562, chapter 567, or chapter 568, the court shall be

29  authorized, pursuant to the requirements of s. 938.21, to

30  impose an additional assessment in an amount up to the amount

31  of the fine authorized for the offense. Such additional


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                                       CS/HB 3257, First Engrossed



  1  assessments shall be deposited for the purpose of providing

  2  assistance grants to drug abuse treatment or alcohol treatment

  3  or education programs as provided in s. 893.165.

  4         960.03  Definitions.--As used in ss. 960.01-960.28,

  5  unless the context otherwise requires, the term:

  6         (3)  "Crime" means:

  7         (b)  A violation of s. 316.193, s. 316.027(1), or s.

  8  782.071(2), which results in physical injury or death;

  9  however, no other act involving the operation of a motor

10  vehicle, boat, or aircraft which results in injury or death

11  shall constitute a crime for the purpose of this chapter

12  unless the injury or death was intentionally inflicted through

13  the use of such vehicle, boat, or aircraft or unless such

14  vehicle, boat, or aircraft is an implement of a crime to which

15  this act applies.

16         Section 3.  Subsection (6) is added to section

17  318.1451, Florida Statutes, to read:

18         318.1451  Driver improvement schools.--

19         (6)  The department, courts, clerks of courts,

20  governmental entities and law enforcement agencies that

21  distribute, provide or maintain any information or literature,

22  whatsoever, regarding driver improvement schools or course

23  providers, shall only distribute, provide or maintain a

24  pamphlet that is prepared and distributed by the department

25  which refers all inquiries to the local telephone directory

26  under the heading traffic schools. The pamphlet shall list the

27  benefits provided by statute for completing a driver

28  improvement course and shall not refer to or contain any

29  information, whatsoever, regarding individual driver

30  improvement schools or course providers.

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                                       CS/HB 3257, First Engrossed



  1         Section 4.  Paragraph (b) of subsection (3) of section

  2  921.0022, Florida Statutes, is amended to read:

  3         921.0022  Criminal Punishment Code; offense severity

  4  ranking chart.--

  5         (3)  OFFENSE SEVERITY RANKING CHART

  6

  7  Florida           Felony

  8  Statute           Degree             Description

  9

10

11                              (b)  LEVEL 2

12  316.193(2)(b)      3rd      Felony DUI, 3rd conviction.

13  403.413(5)(c)      3rd      Dumps waste litter exceeding 500

14                              lbs. in weight or 100 cubic feet

15                              in volume or any quantity for

16                              commercial purposes, or hazardous

17                              waste.

18  517.07             3rd      Registration of securities and

19                              furnishing of prospectus

20                              required.

21  590.28(1)          3rd      Willful, malicious, or

22                              intentional burning.

23  784.05(3)          3rd      Storing or leaving a loaded

24                              firearm within reach of minor who

25                              uses it to inflict injury or

26                              death.

27  787.04(1)          3rd      In violation of court order,

28                              take, entice, etc., minor beyond

29                              state limits.

30

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                                       CS/HB 3257, First Engrossed



  1  806.13(1)(b)3.     3rd      Criminal mischief; damage $1,000

  2                              or more to public communication

  3                              or any other public service.

  4  810.09(2)(e)       3rd      Trespassing on posted commerical

  5                              horticulture property.

  6  812.014(2)(c)1.    3rd      Grand theft, 3rd degree; $300 or

  7                              more but less than $5,000.

  8  812.014(2)(d)      3rd      Grand theft, 3rd degree; $100 or

  9                              more but less than $300, taken

10                              from unenclosed curtilage of

11                              dwelling.

12  817.234(1)(a)2.    3rd      False statement in support of

13                              insurance claim.

14  817.481(3)(a)      3rd      Obtain credit or purchase with

15                              false, expired, counterfeit,

16                              etc., credit card, value over

17                              $300.

18  817.52(3)          3rd      Failure to redeliver hired

19                              vehicle.

20  817.54             3rd      With intent to defraud, obtain

21                              mortgage note, etc., by false

22                              representation.

23  817.60(5)          3rd      Dealing in credit cards of

24                              another.

25  817.60(6)(a)       3rd      Forgery; purchase goods, services

26                              with false card.

27  817.61             3rd      Fraudulent use of credit cards

28                              over $100 or more within 6

29                              months.

30

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                                       CS/HB 3257, First Engrossed



  1  826.04             3rd      Knowingly marries or has sexual

  2                              intercourse with person to whom

  3                              related.

  4  831.01             3rd      Forgery.

  5  831.02             3rd      Uttering forged instrument;

  6                              utters or publishes alteration

  7                              with intent to defraud.

  8  831.07             3rd      Forging bank bills or promissory

  9                              note.

10  831.08             3rd      Possession of 10 or more forged

11                              notes.

12  831.09             3rd      Uttering forged bills; passes as

13                              bank bill or promissory note.

14  832.05(3)(a)       3rd      Cashing or depositing item with

15                              intent to defraud.

16  843.08             3rd      Falsely impersonating an officer.

17  893.13(2)(a)2.     3rd      Purchase of any s. 893.03(1)(c),

18                              (2)(c), (3), or (4) drugs other

19                              than cannabis.

20  893.147(2)         3rd      Manufacture or delivery of drug

21                              paraphernalia.

22

23         Section 5.  This act shall take effect October 1 of the

24  year in which enacted.

25

26

27

28

29

30

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