Senate Bill 1056e1

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  1                      A bill to be entitled

  2         An act relating to driving under the influence;

  3         amending ss. 316.192, 316.193, 322.271,

  4         322.291, F.S.; providing that any person

  5         convicted of driving under the influence must,

  6         in addition to any other penalties provided by

  7         law, complete a substance abuse education

  8         course conducted by a licensed DUI program,

  9         including a psychosocial evaluation, and, if

10         referred, substance abuse treatment; providing

11         criteria for temporary reinstatement of driving

12         privileges by the Department of Highway Safety

13         and Motor Vehicles; deleting the requirement

14         that the clerk send a second notice of

15         impoundment or immobilization of a vehicle to

16         the registered owner; amending s. 322.292,

17         F.S.; providing criteria for the granting of

18         DUI program licenses and deleting obsolete

19         provisions; providing an effective date.

20

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

22

23         Section 1.  Subsection (4) of section 316.192, Florida

24  Statutes, is amended to read:

25         316.192  Reckless driving.--

26         (4)  In addition to any other penalty provided under

27  this section, if the court has reasonable cause to believe

28  that the use of alcohol, chemical substances set forth in s.

29  877.111, or substances controlled under chapter 893

30  contributed to a violation of this section, the court shall

31  direct the person so convicted to complete a DUI program the


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  1  substance abuse education course and evaluation as provided in

  2  s. 316.193(5) within a reasonable period of time specified by

  3  the court.  If the DUI program agency conducting such course

  4  and evaluation refers may refer the person to an authorized

  5  substance abuse treatment provider agency for substance abuse

  6  evaluation and treatment,. the directive of the court

  7  requiring completion of such course, evaluation, and treatment

  8  shall be enforced as provided in s. 322.245. The referral to

  9  treatment resulting from the DUI program evaluation may not be

10  waived without a supporting independent psychosocial

11  evaluation conducted by an authorized substance abuse

12  treatment provider, appointed by the court, which shall have

13  access to the DUI program psychosocial evaluation before the

14  independent psychosocial evaluation is conducted. The court

15  shall review the results and recommendations of both

16  evaluations before determining the request for waiver. The

17  offender shall bear the full cost of this procedure. If a

18  person directed referred to a DUI program substance abuse

19  education course and evaluation or referred to treatment under

20  this subsection fails to report for or complete such course,

21  evaluation, or treatment or education, the agency conducting

22  the DUI program shall notify the court and the department of

23  the failure.  Upon receipt of such notice, the department

24  shall cancel the person's driving privilege, notwithstanding

25  the terms of the court order or any suspension or revocation

26  of the driving privilege.  The department may shall reinstate

27  the driving privilege upon verification from the DUI program

28  that the education, evaluation, and treatment are completed.

29  The department may temporarily reinstate the driving privilege

30  on a restricted basis upon verification that the offender is

31  currently participating in treatment and has completed the DUI


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  1  education course and evaluation requirement. If the DUI

  2  program notifies the department of the second failure to

  3  complete treatment, the department shall reinstate the driving

  4  privilege only after notice of successful completion of

  5  treatment from the DUI program. when the person completes the

  6  substance abuse education course or reenters treatment

  7  required under this subsection.

  8         Section 2.  Subsections (5) and (6) of section 316.193,

  9  Florida Statutes, 1998 Florida Supplement, are amended to

10  read:

11         316.193  Driving under the influence; penalties.--

12         (5)  The court shall place all offenders any offender

13  convicted of violating this section on monthly reporting

14  probation and shall require completion of attendance at a

15  substance abuse course conducted by a DUI program licensed by

16  the department under s. 322.292, which must include a

17  psychosocial evaluation of the offender. If the DUI program

18  refers licensed by the department; and the agency conducting

19  the course may refer the offender to an authorized substance

20  abuse treatment service provider for substance abuse

21  evaluation and treatment, in addition to any sentence or fine

22  imposed under this section, completion of all such education,

23  evaluation, and treatment is a condition of reporting

24  probation.  The offender shall assume reasonable costs for

25  such education, evaluation, and treatment, with completion of

26  all such education, evaluation, and treatment being a

27  condition of reporting probation. The referral to treatment

28  resulting from a psychosocial evaluation shall may not be

29  waived without a supporting independent psychosocial

30  evaluation conducted by an authorized substance abuse

31  treatment provider agency appointed by the court, which shall


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  1  have and with access to the DUI program's psychosocial

  2  original evaluation before the independent psychosocial

  3  evaluation is conducted. The court shall review the results

  4  and recommendations of both evaluations before determining the

  5  request for waiver.  The offender shall bear the full cost of

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

  7  alcohol or any substance named or described in Schedules I

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

  9  under this subsection fails to report for or complete such

10  treatment or fails to complete the DUI program substance abuse

11  education course and evaluation, the DUI program shall notify

12  the court and the department of the failure.  Upon receipt of

13  the notice, the department shall cancel the offender's driving

14  privilege, notwithstanding the terms of the court order or any

15  suspension or revocation of the driving privilege.  The

16  department may temporarily shall reinstate the driving

17  privilege on a restricted basis upon verification from the DUI

18  program that the offender is currently participating in

19  treatment and the DUI education course and evaluation

20  requirement has been completed. If the DUI program notifies

21  the department of the second failure to complete treatment,

22  the department shall reinstate the driving privilege only

23  after notice of completion of treatment from the DUI program

24  when the offender completes the substance abuse education

25  course or enters treatment required under this subsection.

26  The organization that conducts the substance abuse education

27  and evaluation may not provide required substance abuse

28  treatment unless a waiver has been granted to that

29  organization by the department.  A waiver may be granted only

30  if the department determines, in accordance with its rules,

31  that the service provider that conducts the substance abuse


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  1  education and evaluation is the most appropriate service

  2  provider and is licensed under chapter 397 or is exempt from

  3  such licensure. All DUI treatment programs providing treatment

  4  services on January 1, 1994, shall be allowed to continue to

  5  provide such services until the department determines whether

  6  a waiver should be granted. A statistical referral report

  7  shall be submitted quarterly to the department by each

  8  organization authorized to provide services under this

  9  section.

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

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

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

13         (d)  The court must at the time of sentencing the

14  defendant issue an order for the impoundment or immobilization

15  of a vehicle. Within 7 business days after the date that the

16  court issues the order of impoundment or immobilization, and

17  once again 30 business days before the actual impoundment or

18  immobilization of the vehicle, the clerk of the court must

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

20  the registered owner of each vehicle, if the registered owner

21  is a person other than the defendant, and to each person of

22  record claiming a lien against the vehicle.

23         Section 3.  Paragraph (a) of subsection (2) of section

24  322.271, Florida Statutes, 1998 Supplement, is amended to

25  read:

26         322.271  Authority to modify revocation, cancellation,

27  or suspension order.--

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

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

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

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


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

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

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

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

  5  otherwise provided in this subsection, the department shall

  6  require proof of the successful completion of the applicable

  7  department an approved driver training course or DUI program

  8  substance abuse education course and evaluation as provided in

  9  s. 316.193(5). and may require Letters of recommendation from

10  respected business persons in the community, law enforcement

11  officers, or judicial officers may also be required to

12  determine in determining whether such person should be

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

14  business or employment use only and in determining whether

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

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

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

18  enrollment in the applicable department an approved driver

19  training course or licensed DUI program substance abuse

20  education course, including evaluation and treatment, if

21  referred, and may require the letters of recommendation

22  described in this subsection to determine if the driver should

23  be reinstated on a restricted basis.; If such person fails to

24  complete the approved course within 90 days after

25  reinstatement or subsequently fails to complete treatment, if

26  applicable, the department shall cancel his or her driver's

27  license until the course and treatment, if applicable, is

28  successfully completed, notwithstanding the terms of the court

29  order or any suspension or revocation of the driving

30  privilege. The department may temporarily reinstate the

31  driving privilege on a restricted basis upon verification from


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  1  the DUI program that the offender has reentered and is

  2  currently participating in treatment and has completed the DUI

  3  education course and evaluation requirement. If the DUI

  4  program notifies the department of the second failure to

  5  complete treatment, the department shall reinstate the driving

  6  privilege only after notice of completion of treatment from

  7  the DUI program.  The privilege of driving on a limited or

  8  restricted basis for business or employment use shall not be

  9  granted to a person who has been convicted of a violation of

10  s. 316.193 until completion of the DUI program substance abuse

11  such education or training course and evaluations as provided

12  in s. 316.193(5). Except as provided in paragraph (b), the

13  privilege of driving on a limited or restricted basis for

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

15  whose license is revoked pursuant to s. 322.28 or suspended

16  pursuant to s. 322.2615 and who has been convicted of a

17  violation of s. 316.193 two or more times or whose license has

18  been suspended two or more times for refusal to submit to a

19  test pursuant to s. 322.2615 or former s. 322.261.

20         Section 4.  Section 322.291, Florida Statutes, is

21  amended to read:

22         322.291  Driver improvement schools or DUI programs;

23  required in certain suspension and revocation cases.--Except

24  as provided in s. 322.03(2), any person:

25         (1)  Whose driving privilege has been revoked:

26         (a)  Upon conviction for:

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

28  any vehicle while under the influence of alcoholic beverages,

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

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

31  316.193;


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

  2  level;

  3         3.  Manslaughter resulting from the operation of a

  4  motor vehicle;

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

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

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

  8         5.  Reckless driving; or

  9         (b)  As an habitual offender;

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

11  that the seriousness of the offense and the circumstances

12  surrounding the conviction warrant the revocation of the

13  licensee's driving privilege; or

14         (2)  Whose license was suspended under the point

15  system, was suspended for driving with an unlawful

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

17  1, 1994, was suspended for driving with an unlawful

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

19  31, 1993, was suspended for a violation of s. 316.193(1), or

20  was suspended for refusing to submit to a lawful breath,

21  blood, or urine test as provided in s. 322.2615

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

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

25  advanced driver improvement course or a substance abuse

26  education course conducted by a DUI program licensed pursuant

27  to s. 322.292, which shall include a psychosocial evaluation

28  and treatment, if referred.  If the person fails to complete

29  such course or evaluation within 90 days after reinstatement,

30  or subsequently fails to complete treatment, if referred, the

31  DUI program shall notify the department of the failure. Upon


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  1  receipt of the notice, the department shall cancel the

  2  offender's driving privilege, notwithstanding the expiration

  3  of the suspension or revocation of the driving privilege. The

  4  department may temporarily reinstate the driving privilege

  5  upon verification from the DUI program that the offender has

  6  completed the education course and evaluation requirement and

  7  has reentered and is currently participating in treatment. If

  8  the DUI program notifies the department of the second failure

  9  to complete treatment, the department shall reinstate the

10  driving privilege only after notice of completion of treatment

11  from the DUI program. the driver's license shall be canceled

12  by the department until such course is successfully completed.

13         Section 5.  Section 322.292, Florida Statutes, is

14  amended to read:

15         322.292  DUI programs supervision; powers and duties of

16  the department.--

17         (1)  The Department of Highway Safety and Motor

18  Vehicles shall license and regulate all DUI programs, which

19  regulation shall include the certification of instructors,

20  evaluators, clinical supervisors, and special supervision

21  services evaluators evaluator supervisors.  The department

22  shall, after consultation with the chief judge of the affected

23  judicial circuit, establish requirements regarding the number

24  of programs to be offered within a judicial circuit.  Such

25  requirements shall address the number of clients currently

26  served in the circuit as well as improvements in service that

27  may be derived from operation of an additional DUI program.

28  DUI program education and evaluation services are exempt from

29  licensure under chapter chapters 396 and 397.  However,

30  treatment programs must continue to be licensed under chapter

31  chapters 396 and 397.


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  1         (2)  The department shall adopt rules to implement its

  2  supervisory authority over DUI programs in accordance with the

  3  procedures of chapter 120, including the establishment of

  4  uniform standards of operation for DUI programs and the method

  5  for setting and approving fees, as follows:

  6         (a)  Adopt rules Establish minimum standards for

  7  statutorily required education, evaluation, and supervision of

  8  DUI offenders.  Such minimum standards previously adopted by

  9  the Traffic Court Review Committee of the Supreme Court of

10  Florida shall remain in effect unless modified by the

11  department.

12         (b)  Adopt rules Establish minimum standards for the

13  administration and financial management of DUI programs,

14  including, but not limited to:

15         1.  Rules Standards governing the types of expenditures

16  that may be made by DUI programs from funds paid by persons

17  attending such programs.

18         2.  Rules Standards for financial reporting that

19  require data on DUI programs expenditures in sufficient detail

20  to support reasonable and informed decisions concerning the

21  fees that are to be assessed those attending DUI programs.

22  The department shall perform financial audits of DUI programs

23  required under this section or require that financial audits

24  of the programs be performed by certified public accountants

25  at program expense and submitted directly from the auditor to

26  the department.

27         3.  Rules for Standards of reciprocity in relation to

28  DUI programs in other states or countries that have programs

29  similar to the DUI programs licensed by the department.

30

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  1         4.  Such other rules standards as the department deems

  2  appropriate and necessary for the effective oversight of the

  3  DUI programs.

  4         (c)  Implement procedures for the granting and revoking

  5  of licenses for DUI programs, including:

  6         1.  A uniform application fee not to exceed $1,000 but

  7  in an amount sufficient to cover the department's

  8  administrative costs in processing and evaluating DUI program

  9  license applications. The application fee shall not apply to

10  programs that apply for licensure to serve a county that does

11  not have a currently licensed DUI program or where the

12  currently licensed program has relinquished its license.

13         2.  In considering an application for approval of a DUI

14  program, the department shall determine whether improvements

15  in service may be derived from the operation of the DUI

16  program and the number of clients currently served in the

17  circuit.  The department shall apply the following criteria:

18         (a)  The increased frequency of classes and

19  availability of locations of services offered by the applicant

20  DUI program.

21         (b)  Services and fees offered by the applicant DUI

22  program and any existing DUI program.

23         (c)  The number of DUI clients currently served and

24  historical trends in the number of clients served in the

25  circuit.

26         (d)  The availability, accessibility, and service

27  history of any existing DUI program services.

28         (e)  The applicant DUI program's service history.

29         (f)  The availability of resources, including

30  personnel, demonstrated management capability, and capital and

31  operating expenditures of the applicant DUI program.


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  1         (g)  Improved services to minority and special needs

  2  clients.

  3         3.  Authority for competing applicants and currently

  4  licensed DUI programs serving the same geographic area to

  5  request an administrative hearing under chapter 120 to contest

  6  the department's determination of need for an additional

  7  licensed DUI program in that area.

  8         4.  A requirement that the department revoke the

  9  license of any DUI program that does not provide the services

10  specified in its application within 45 days after licensure

11  and notify the chief judge of that circuit of such revocation.

12         5.  A requirement that all applicants for initial

13  licensure as a DUI program in a particular circuit on and

14  after the effective date of this act must, at a minimum,

15  satisfy each of the following criteria:

16         a.  Maintain a primary business office in the circuit

17  which is located in a permanent structure that is readily

18  accessible by public transportation, if public transportation

19  is available. The primary business office must be adequately

20  staffed and equipped to provide all DUI program support

21  services, including registration and a file for each person

22  who registers for the program.

23         b.  Have a satellite office for registration of DUI

24  offenders in each county in the circuit which is located in a

25  permanent structure that is readily accessible by public

26  transportation, if public transportation is available. A

27  satellite office is not required in any county where the total

28  number of DUI convictions in the most recent calendar year is

29  less than 200.

30         c.  Have a classroom in each county in the circuit

31  which is located in a permanent structure that is readily


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  1  accessible by public transportation, if public transportation

  2  is available. A classroom is not required in any county where

  3  the total number of DUI convictions in the most recent

  4  calendar year is less than 100. A classroom may not be located

  5  within 250 feet of any business that sells alcoholic

  6  beverages.

  7         d.  Have a plan for conducting all DUI education

  8  courses, evaluation services, and other services required by

  9  the department. The level I DUI education course must be

10  taught in four segments, with no more than 6 hours of

11  classroom instruction provided to any offender each day.

12         e.  Employ at least 1 full-time certified addiction

13  professional for the program at all times.

14         f.  Document support from community agencies involved

15  in DUI education and substance abuse treatment in the circuit.

16         g.  Have a volunteer board of directors and advisory

17  committee made up of citizens who reside in the circuit in

18  which licensure is sought.

19         h.  Submit documentation of compliance with all

20  applicable federal, state, and local laws, including, but not

21  limited to, the Americans with Disabilities Act.

22         (d)  Establish a fee structure for the various programs

23  offered by the DUI programs, based only on the reasonable and

24  necessary costs for operating the programs throughout the

25  state. The department shall approve, modify, or reduce fees as

26  necessary. The DUI programs fees that are in effect on January

27  1, 1994, shall remain in effect until the department adopts a

28  fee schedule for the DUI programs system. After the adoption

29  of the schedule, the programs shall adjust their fees to

30  conform with the established amounts.

31


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  1         (e)  Establish policies and procedures for monitoring

  2  DUI programs compliance with all rules adopted minimum

  3  standards established by the department.

  4         (f)  The department shall oversee an ongoing evaluation

  5  to assess the effectiveness of the DUI programs.  This

  6  evaluation shall be performed by an independent group and

  7  shall evaluate the curriculum, client treatment referrals,

  8  recidivism rates, and any other relevant matters.  The

  9  department shall report to the Legislature by January 1, 1995,

10  on the status of the evaluation, including its design and

11  schedule for completion. The department may use funds received

12  under s. 322.293 to retain the services and reimburse expenses

13  of such private persons or professional consultants as are

14  required for monitoring and evaluating DUI programs.

15         (g)  Investigate complaints about the DUI programs and

16  resolve problems in the provision of services to DUI

17  offenders, as needed.

18         (3)  All DUI programs and certified program personnel

19  providing DUI programs services that meet the department's

20  standards and that are operating on January 1, 1994, may

21  remain in operation until the department's license procedures

22  are in place. At that time the DUI programs and certified

23  program personnel may apply for relicensure.

24         (3)(4)  DUI programs shall be either governmental

25  programs or not-for-profit corporations.

26         (5)  The department shall report to the Supreme Court

27  by December 1, 1994, and by December 31 of each succeeding

28  year through 1996, on the general status of the statewide

29  program. This report must include programmatic and statistical

30  information regarding the number of licensed programs,

31  enrollment and referral figures, program monitoring and


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  1  evaluation activities, and findings, and the general steps

  2  taken by the department to implement the provisions of this

  3  section.

  4         Section 6.  This act shall take effect upon becoming a

  5  law.

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