CODING: Words stricken are deletions; words underlined are additions.Senate Bill 0606
Florida Senate - 1998 SB 606
By Senator Hargrett
21-554-98
1 A bill to be entitled
2 An act relating to suspension or revocation of
3 driver's licenses; amending s. 322.28, F.S.;
4 providing suspension or revocation of driver's
5 licenses not to be concurrent with
6 imprisonment; providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 322.28, Florida Statutes, is
11 amended to read:
12 322.28 Period of suspension or revocation.--
13 (1) Unless otherwise provided by this section, the
14 department shall not suspend a license for a period of more
15 than 1 year and, upon revoking a license, in any case except
16 in a prosecution for the offense of driving a motor vehicle
17 while under the influence of alcoholic beverages, chemical
18 substances as set forth in s. 877.111, or controlled
19 substances, shall not in any event grant a new license until
20 the expiration of 1 year after such revocation.
21 (2) In a prosecution for a violation of s. 316.193 or
22 former s. 316.1931, the following provisions apply:
23 (a) Upon conviction of the driver, the court, along
24 with imposing sentence, shall revoke the driver's license or
25 driving privilege of the person so convicted, effective on the
26 date of conviction, and shall prescribe the period of such
27 revocation in accordance with the following provisions:
28 1. Upon a first conviction for a violation of the
29 provisions of s. 316.193, except a violation resulting in
30 death, the driver's license or driving privilege shall be
31 revoked for not less than 180 days or more than 1 year.
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Florida Senate - 1998 SB 606
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1 2. Upon a second conviction within a period of 5 years
2 from the date of a prior conviction for a violation of the
3 provisions of s. 316.193 or former s. 316.1931 or a
4 combination of such sections, the driver's license or driving
5 privilege shall be revoked for not less than 5 years.
6 3. Upon a third conviction within a period of 10 years
7 from the date of conviction of the first of three or more
8 convictions for the violation of the provisions of s. 316.193
9 or former s. 316.1931 or a combination of such sections, the
10 driver's license or driving privilege shall be revoked for not
11 less than 10 years.
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13 For the purposes of this paragraph, a previous conviction
14 outside this state for driving under the influence, driving
15 while intoxicated, driving with an unlawful blood-alcohol
16 level, or any other alcohol-related or drug-related traffic
17 offense similar to the offense of driving under the influence
18 as proscribed by s. 316.193 will be considered a previous
19 conviction for violation of s. 316.193, and a conviction for
20 violation of former s. 316.028, former s. 316.1931, or former
21 s. 860.01 is considered a conviction for violation of s.
22 316.193.
23 (b) If the period of revocation was not specified by
24 the court at the time of imposing sentence or within 30 days
25 thereafter, and is not otherwise specified by law, the
26 department shall forthwith revoke the driver's license or
27 driving privilege for the maximum period applicable under
28 paragraph (a) for a first conviction and for the minimum
29 period applicable under paragraph (a) for any subsequent
30 convictions. The driver may, within 30 days after such
31 revocation by the department, petition the court for further
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1 hearing on the period of revocation, and the court may reopen
2 the case and determine the period of revocation within the
3 limits specified in paragraph (a).
4 (c) The forfeiture of bail bond, not vacated within 20
5 days, in any prosecution for the offense of driving while
6 under the influence of alcoholic beverages, chemical
7 substances, or controlled substances to the extent of
8 depriving the defendant of his or her normal faculties shall
9 be deemed equivalent to a conviction for the purposes of this
10 paragraph, and the department shall forthwith revoke the
11 defendant's driver's license or driving privilege for the
12 maximum period applicable under paragraph (a) for a first
13 conviction and for the minimum period applicable under
14 paragraph (a) for a second or subsequent conviction; however,
15 if the defendant is later convicted of the charge, the period
16 of revocation imposed by the department for such conviction
17 shall not exceed the difference between the applicable maximum
18 for a first conviction or minimum for a second or subsequent
19 conviction and the revocation period under this subsection
20 that has actually elapsed; upon conviction of such charge, the
21 court may impose revocation for a period of time as specified
22 in paragraph (a). This paragraph does not apply if an
23 appropriate motion contesting the forfeiture is filed within
24 the 20-day period.
25 (d) When any driver's license or driving privilege has
26 been revoked pursuant to the provisions of this section, the
27 department shall not grant a new license, except upon
28 reexamination of the licensee after the expiration of the
29 period of revocation so prescribed. However, the court may,
30 in its sound discretion, issue an order of reinstatement on a
31 form furnished by the department which the person may take to
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1 any driver's license examining office for reinstatement by the
2 department pursuant to s. 322.282.
3 (e) The court shall permanently revoke the driver's
4 license or driving privilege of a person who has been
5 convicted four times for violation of s. 316.193 or former s.
6 316.1931 or a combination of such sections. The court shall
7 permanently revoke the driver's license or driving privilege
8 of any person who has been convicted of DUI manslaughter in
9 violation of s. 316.193. If the court has not permanently
10 revoked such license or privilege within 30 days after
11 imposing sentence, the department shall permanently revoke the
12 license or privilege pursuant to this paragraph. No driver's
13 license or driving privilege may be issued or granted to any
14 such person. This paragraph applies only if at least one of
15 the convictions for violation of s. 316.193 or former s.
16 316.1931 was for a violation that occurred after July 1, 1982.
17 For the purposes of this paragraph, a conviction for violation
18 of former s. 316.028, former s. 316.1931, or former s. 860.01
19 is also considered a conviction for violation of s. 316.193.
20 Also, a conviction of driving under the influence, driving
21 while intoxicated, driving with an unlawful blood-alcohol
22 level, or any other similar alcohol-related or drug-related
23 traffic offense outside this state is considered a conviction
24 for the purposes of this paragraph.
25 (3) Upon the conviction of a person for a violation of
26 s. 322.34, the license or driving privilege, if suspended,
27 shall be suspended for 3 months in addition to the period of
28 suspension previously imposed and, if revoked, the time after
29 which a new license may be issued shall be delayed 3 months.
30 (4) If, in any case arising under this section, a
31 licensee, after having been given notice of suspension or
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1 revocation of his or her license in the manner provided in s.
2 322.251, fails to surrender to the department a license
3 theretofore suspended or revoked, as required by s. 322.29, or
4 fails otherwise to account for the license to the satisfaction
5 of the department, the period of suspension of the license, or
6 the period required to elapse after revocation before a new
7 license may be issued, shall be extended until, and shall not
8 expire until, a period has elapsed after the date of surrender
9 of the license, or after the date of expiration of the
10 license, whichever occurs first, which is identical in length
11 with the original period of suspension or revocation.
12 (5)(a) Upon a conviction for a violation of s.
13 316.193(3), a conviction of manslaughter resulting from the
14 operation of a motor vehicle, or a conviction of vehicular
15 homicide, the court shall revoke the driver's license of the
16 person convicted for a minimum period of 3 years if death to
17 any other person resulted from the operation of a motor
18 vehicle by such driver.
19 (b) If the period of revocation was not specified by
20 the court at the time of imposing sentence or within 30 days
21 thereafter, the department shall revoke the driver's license
22 for the minimum period applicable under paragraph (a) or, for
23 a subsequent conviction, for the minimum period applicable
24 under paragraph (2)(a) or paragraph (2)(e).
25 (6) No administrative suspension of a driving
26 privilege under s. 322.2615 shall be stayed upon a request for
27 review of the departmental order that resulted in such
28 suspension and, except as provided in former s. 322.261, no
29 suspension or revocation of a driving privilege shall be
30 stayed upon an appeal of the conviction or order that resulted
31 therein.
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1 (7) In a prosecution for a violation of s. 316.172(1),
2 and upon a showing of the department's records that the
3 licensee has received a second conviction within a period of 5
4 years from the date of a prior conviction of s. 316.172(1),
5 the department shall, upon direction of the court, suspend the
6 driver's license of the person convicted for a period of not
7 less than 90 days nor more than 6 months.
8 (8) Any suspension or revocation under this section
9 must not be concurrent with imprisonment.
10 Section 2. This act shall take effect upon becoming a
11 law.
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14 SENATE SUMMARY
15 Provides that the suspension or revocation of a driver's
license must not be concurrent with imprisonment.
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