HB 1483 2003
1	A bill to be entitled
2	An act relating to driving or boating under the influence
3	of controlled substances; amending s. 316.193, F.S.;
4	providing that persons driving with specified amounts of
5	certain substances in their blood or urine are guilty of
6	the offense of driving under the influence; providing an
7	exception; providing penalties; amending s. 327.35, F.S.;
8	providing that persons operating a vessel with specified
9	amounts of certain substances in their blood or urine are
10	guilty of the offense of boating under the influence;
11	providing an exception; providing penalties; reenacting
12	ss. 316.066, 316.072, 316.1932, 316.1933, 316.1934,
13	316.1937, 316.1939, 316.656, 318.143, 318.17, 322.03,
14	322.0602, 322.12, 322.25, 322.26, 322.2615, 322.2616,
15	322.264, 322.271, 322.28, 322.282, 322.291, 322.34,
16	322.44, 322.63, 322.64, 493.6106, 627.758, 790.06, 903.36,
17	907.041, 938.21, 938.23, 943.05, and 960.03, F.S.;
18	incorporating the amendment to s. 316.193, F.S., in
19	references thereto; reenacting ss. 327.352, 327.35215,
20	327.353, 327.354, 327.355, 327.359, and 327.36, F.S.;
21	incorporating the amendment to s. 327.35, F.S., in
22	references thereto; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1. Section 316.193, Florida Statutes, is amended
27	to read:
28	316.193 Driving under the influence; penalties.--
29	(1) A person is guilty of the offense of driving under the
30	influence and is subject to punishment as provided in subsection
31	(2) if the person is driving or in actual physical control of a
32	vehicle within this state and:
33	(a) The person is under the influence of alcoholic
34	beverages, any chemical substance set forth in s. 877.111, or
35	any substance controlled under chapter 893, when affected to the
36	extent that the person's normal faculties are impaired;
37	(b) The person has a blood-alcohol level of 0.08 or more
38	grams of alcohol per 100 milliliters of blood; or
39	(c) The person has a breath-alcohol level of 0.08 or more
40	grams of alcohol per 210 liters of breath.
41	(d) The person’s urine contains:
42	1. Five hundred nanograms or more per milliliter of urine
43	of the following:
44	a. 3,4-Methylenedioxymethamphetamine (MDMA);
45	b. 4-Bromo-2,5-dimethoxyamphetamine;
46	c. 4-Bromo-2,5-dimethoxyphenethylamine;
47	d. 2,5-Dimethoxyamphetamine;
48	e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
49	f. N-ethylamphetamine;
50	g. N-Hydroxy-3,4-methylenedioxyamphetamine;
51	h. 5-Methoxy-3,4-methylenedioxyamphetamine;
52	i. 4-methoxyamphetamine;
53	j. 4-methoxymethamphetamine;
54	k. 4-Methyl-2,5-dimethoxyamphetamine;
55	l. 3,4-Methylenedioxy-N-ethylamphetamine;
56	m. 3,4-Methylenedioxyamphetamine;
57	n. N,N-dimethylamphetamine; or
58	o. 3,4,5-Trimethoxyamphetamine;
59	2. One hundred fifty nanograms of cocaine or ecgonine,
60	including any of their stereoisomers, and any salt, compound,
61	derivative, or preparation of cocaine or ecgonine, per
62	milliliter of urine;
63	3. Two thousand nanograms of heroin or morphine per
64	milliliter of urine;
65	4. Ten nanograms of 6-monoacetyl morphine per milliliter
66	of urine;
67	5. Twenty-five nanograms of lysergic acid diethylamide
68	(LSD) per milliliter of urine;
69	6. Ten nanograms of cannabis per milliliter of urine; or
70	7. Fifteen grams of cannabis metabolite per milliliter of
71	urine.
72	(e) The person's blood contains:
73	1. One hundred nanograms or more per milliliter of blood
74	of the following:
75	a. 3,4-Methylenedioxymethamphetamine (MDMA);
76	b. 4-Bromo-2,5-dimethoxyamphetamine;
77	c. 4-Bromo-2,5-dimethoxyphenethylamine;
78	d. 2,5-Dimethoxyamphetamine;
79	e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
80	f. N-ethylamphetamine;
81	g. N-Hydroxy-3,4-methylenedioxyamphetamine;
82	h. 5-Methoxy-3,4-methylenedioxyamphetamine;
83	i. 4-methoxyamphetamine;
84	j. 4-methoxymethamphetamine;
85	k. 4-Methyl-2,5-dimethoxyamphetamine;
86	l. 3,4-Methylenedioxy-N-ethylamphetamine;
87	m. 3,4-Methylenedioxyamphetamine;
88	n. N,N-dimethylamphetamine; or
89	o. 3,4,5-Trimethoxyamphetamine;
90	2. Fifty nanograms of cocaine or ecgonine, including any
91	of their stereoisomers, and any salt, compound, derivative, or
92	preparation of cocaine or ecgonine, per milliliter of blood;
93	3. Fifty nanograms of heroin or morphine per milliliter of
94	blood;
95	4. Ten nanograms of 6-monoacetyl morphine per milliliter
96	of blood;
97	5. Ten nanograms of lysergic acid diethylamide (LSD) per
98	milliliter of blood;
99	6. Two nanograms of cannabis per milliliter of blood; or
100	7. Five grams of cannabis metabolite per milliliter of
101	blood.
102
103	The provisions of paragraphs (d) and (e) shall not apply to a
104	person who holds a valid prescription for such controlled
105	substance.
106	(2)(a) Except as provided in paragraph (b), subsection
107	(3), or subsection (4), any person who is convicted of a
108	violation of subsection (1) shall be punished:
109	1. By a fine of:
110	a. Not less than $250 or more than $500 for a first
111	conviction.
112	b. Not less than $500 or more than $1,000 for a second
113	conviction; and
114	2. By imprisonment for:
115	a. Not more than 6 months for a first conviction.
116	b. Not more than 9 months for a second conviction.
117	3. For a second conviction, by mandatory placement for a
118	period of at least 1 year, at the convicted person's sole
119	expense, of an ignition interlock device approved by the
120	department in accordance with s. 316.1938 upon all vehicles that
121	are individually or jointly leased or owned and routinely
122	operated by the convicted person, when the convicted person
123	qualifies for a permanent or restricted license. The
124	installation of such device may not occur before July 1, 2003.
125	(b)1. Any person who is convicted of a third violation of
126	this section for an offense that occurs within 10 years after a
127	prior conviction for a violation of this section commits a
128	felony of the third degree, punishable as provided in s.
129	775.082, s. 775.083, or s. 775.084. In addition, the court shall
130	order the mandatory placement for a period of not less than 2
131	years, at the convicted person's sole expense, of an ignition
132	interlock device approved by the department in accordance with
133	s. 316.1938 upon all vehicles that are individually or jointly
134	leased or owned and routinely operated by the convicted person,
135	when the convicted person qualifies for a permanent or
136	restricted license. The installation of such device may not
137	occur before July 1, 2003.
138	2. Any person who is convicted of a third violation of
139	this section for an offense that occurs more than 10 years after
140	the date of a prior conviction for a violation of this section
141	shall be punished by a fine of not less than $1,000 or more than
142	$2,500 and by imprisonment for not more than 12 months. In
143	addition, the court shall order the mandatory placement for a
144	period of at least 2 years, at the convicted person's sole
145	expense, of an ignition interlock device approved by the
146	department in accordance with s. 316.1938 upon all vehicles that
147	are individually or jointly leased or owned and routinely
148	operated by the convicted person, when the convicted person
149	qualifies for a permanent or restricted license. The
150	installation of such device may not occur before July 1, 2003.
151	3. Any person who is convicted of a fourth or subsequent
152	violation of this section, regardless of when any prior
153	conviction for a violation of this section occurred, commits a
154	felony of the third degree, punishable as provided in s.
155	775.082, s. 775.083, or s. 775.084. However, the fine imposed
156	for such fourth or subsequent violation may be not less than
157	$1,000.
158	(3) Any person:
159	(a) Who is in violation of subsection (1);
160	(b) Who operates a vehicle; and
161	(c) Who, by reason of such operation, causes or
162	contributes to causing:
163	1. Damage to the property or person of another commits a
164	misdemeanor of the first degree, punishable as provided in s.
165	775.082 or s. 775.083.
166	2. Serious bodily injury to another, as defined in s.
167	316.1933, commits a felony of the third degree, punishable as
168	provided in s. 775.082, s. 775.083, or s. 775.084.
169	3. The death of any human being commits DUI manslaughter,
170	and commits:
171	a. A felony of the second degree, punishable as provided
172	in s. 775.082, s. 775.083, or s. 775.084.
173	b. A felony of the first degree, punishable as provided in
174	s. 775.082, s. 775.083, or s. 775.084, if:
175	(I) At the time of the crash, the person knew, or should
176	have known, that the crash occurred; and
177	(II) The person failed to give information and render aid
178	as required by s. 316.062.
179	(4) Any person who is convicted of a violation of
180	subsection (1) and who has a blood-alcohol level or breath-
181	alcohol level of 0.20 or higher, or any person who is convicted
182	of a violation of subsection (1) and who at the time of the
183	offense was accompanied in the vehicle by a person under the age
184	of 18 years, shall be punished:
185	(a) By a fine of:
186	1. Not less than $500 or more than $1,000 for a first
187	conviction.
188	2. Not less than $1,000 or more than $2,000 for a second
189	conviction.
190	3. Not less than $2,000 for a third or subsequent
191	conviction.
192	(b) By imprisonment for:
193	1. Not more than 9 months for a first conviction.
194	2. Not more than 12 months for a second conviction.
195
196	For the purposes of this subsection, only the instant offense is
197	required to be a violation of subsection (1) by a person who has
198	a blood-alcohol level or breath-alcohol level of 0.20 or higher.
199	(c) In addition to the penalties in paragraphs (a) and
200	(b), the court shall order the mandatory placement, at the
201	convicted person's sole expense, of an ignition interlock device
202	approved by the department in accordance with s. 316.1938 upon
203	all vehicles that are individually or jointly leased or owned
204	and routinely operated by the convicted person for up to 6
205	months for the first offense and for at least 2 years for a
206	second offense, when the convicted person qualifies for a
207	permanent or restricted license. The installation of such device
208	may not occur before July 1, 2003.
209	(5) The court shall place all offenders convicted of
210	violating this section on monthly reporting probation and shall
211	require completion of a substance abuse course conducted by a
212	DUI program licensed by the department under s. 322.292, which
213	must include a psychosocial evaluation of the offender. If the
214	DUI program refers the offender to an authorized substance abuse
215	treatment provider for substance abuse treatment, in addition to
216	any sentence or fine imposed under this section, completion of
217	all such education, evaluation, and treatment is a condition of
218	reporting probation. The offender shall assume reasonable costs
219	for such education, evaluation, and treatment. The referral to
220	treatment resulting from a psychosocial evaluation shall not be
221	waived without a supporting independent psychosocial evaluation
222	conducted by an authorized substance abuse treatment provider
223	appointed by the court, which shall have access to the DUI
224	program's psychosocial evaluation before the independent
225	psychosocial evaluation is conducted. The court shall review the
226	results and recommendations of both evaluations before
227	determining the request for waiver. The offender shall bear the
228	full cost of this procedure. The term "substance abuse" means
229	the abuse of alcohol or any substance named or described in
230	Schedules I through V of s. 893.03. If an offender referred to
231	treatment under this subsection fails to report for or complete
232	such treatment or fails to complete the DUI program substance
233	abuse education course and evaluation, the DUI program shall
234	notify the court and the department of the failure. Upon receipt
235	of the notice, the department shall cancel the offender's
236	driving privilege, notwithstanding the terms of the court order
237	or any suspension or revocation of the driving privilege. The
238	department may temporarily reinstate the driving privilege on a
239	restricted basis upon verification from the DUI program that the
240	offender is currently participating in treatment and the DUI
241	education course and evaluation requirement has been completed.
242	If the DUI program notifies the department of the second failure
243	to complete treatment, the department shall reinstate the
244	driving privilege only after notice of completion of treatment
245	from the DUI program. The organization that conducts the
246	substance abuse education and evaluation may not provide
247	required substance abuse treatment unless a waiver has been
248	granted to that organization by the department. A waiver may be
249	granted only if the department determines, in accordance with
250	its rules, that the service provider that conducts the substance
251	abuse education and evaluation is the most appropriate service
252	provider and is licensed under chapter 397 or is exempt from
253	such licensure. A statistical referral report shall be submitted
254	quarterly to the department by each organization authorized to
255	provide services under this section.
256	(6) With respect to any person convicted of a violation of
257	subsection (1), regardless of any penalty imposed pursuant to
258	subsection (2), subsection (3), or subsection (4):
259	(a) For the first conviction, the court shall place the
260	defendant on probation for a period not to exceed 1 year and, as
261	a condition of such probation, shall order the defendant to
262	participate in public service or a community work project for a
263	minimum of 50 hours; or the court may order instead, that any
264	defendant pay an additional fine of $10 for each hour of public
265	service or community work otherwise required, if, after
266	consideration of the residence or location of the defendant at
267	the time public service or community work is required, payment
268	of the fine is in the best interests of the state. However, the
269	total period of probation and incarceration may not exceed 1
270	year. The court must also, as a condition of probation, order
271	the impoundment or immobilization of the vehicle that was
272	operated by or in the actual control of the defendant or any one
273	vehicle registered in the defendant's name at the time of
274	impoundment or immobilization, for a period of 10 days or for
275	the unexpired term of any lease or rental agreement that expires
276	within 10 days. The impoundment or immobilization must not occur
277	concurrently with the incarceration of the defendant. The
278	impoundment or immobilization order may be dismissed in
279	accordance with paragraph (e), paragraph (f), paragraph (g), or
280	paragraph (h).
281	(b) For the second conviction for an offense that occurs
282	within a period of 5 years after the date of a prior conviction
283	for violation of this section, the court shall order
284	imprisonment for not less than 10 days. The court must also, as
285	a condition of probation, order the impoundment or
286	immobilization of all vehicles owned by the defendant at the
287	time of impoundment or immobilization, for a period of 30 days
288	or for the unexpired term of any lease or rental agreement that
289	expires within 30 days. The impoundment or immobilization must
290	not occur concurrently with the incarceration of the defendant
291	and must occur concurrently with the driver's license revocation
292	imposed under s. 322.28(2)(a)2. The impoundment or
293	immobilization order may be dismissed in accordance with
294	paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
295	At least 48 hours of confinement must be consecutive.
296	(c) For the third or subsequent conviction for an offense
297	that occurs within a period of 10 years after the date of a
298	prior conviction for violation of this section, the court shall
299	order imprisonment for not less than 30 days. The court must
300	also, as a condition of probation, order the impoundment or
301	immobilization of all vehicles owned by the defendant at the
302	time of impoundment or immobilization, for a period of 90 days
303	or for the unexpired term of any lease or rental agreement that
304	expires within 90 days. The impoundment or immobilization must
305	not occur concurrently with the incarceration of the defendant
306	and must occur concurrently with the driver's license revocation
307	imposed under s. 322.28(2)(a)3. The impoundment or
308	immobilization order may be dismissed in accordance with
309	paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
310	At least 48 hours of confinement must be consecutive.
311	(d) The court must at the time of sentencing the defendant
312	issue an order for the impoundment or immobilization of a
313	vehicle. Within 7 business days after the date that the court
314	issues the order of impoundment or immobilization, the clerk of
315	the court must send notice by certified mail, return receipt
316	requested, to the registered owner of each vehicle, if the
317	registered owner is a person other than the defendant, and to
318	each person of record claiming a lien against the vehicle.
319	(e) A person who owns but was not operating the vehicle
320	when the offense occurred may submit to the court a police
321	report indicating that the vehicle was stolen at the time of the
322	offense or documentation of having purchased the vehicle after
323	the offense was committed from an entity other than the
324	defendant or the defendant's agent. If the court finds that the
325	vehicle was stolen or that the sale was not made to circumvent
326	the order and allow the defendant continued access to the
327	vehicle, the order must be dismissed and the owner of the
328	vehicle will incur no costs. If the court denies the request to
329	dismiss the order of impoundment or immobilization, the
330	petitioner may request an evidentiary hearing.
331	(f) A person who owns but was not operating the vehicle
332	when the offense occurred, and whose vehicle was stolen or who
333	purchased the vehicle after the offense was committed directly
334	from the defendant or the defendant's agent, may request an
335	evidentiary hearing to determine whether the impoundment or
336	immobilization should occur. If the court finds that either the
337	vehicle was stolen or the purchase was made without knowledge of
338	the offense, that the purchaser had no relationship to the
339	defendant other than through the transaction, and that such
340	purchase would not circumvent the order and allow the defendant
341	continued access to the vehicle, the order must be dismissed and
342	the owner of the vehicle will incur no costs.
343	(g) The court shall also dismiss the order of impoundment
344	or immobilization of the vehicle if the court finds that the
345	family of the owner of the vehicle has no other private or
346	public means of transportation.
347	(h) The court may also dismiss the order of impoundment or
348	immobilization of any vehicles that are owned by the defendant
349	but that are operated solely by the employees of the defendant
350	or any business owned by the defendant.
351	(i) All costs and fees for the impoundment or
352	immobilization, including the cost of notification, must be paid
353	by the owner of the vehicle or, if the vehicle is leased or
354	rented, by the person leasing or renting the vehicle, unless the
355	impoundment or immobilization order is dismissed. All provisions
356	of s. 713.78 shall apply.
357	(j) The person who owns a vehicle that is impounded or
358	immobilized under this paragraph, or a person who has a lien of
359	record against such a vehicle and who has not requested a review
360	of the impoundment pursuant to paragraph (e), paragraph (f), or
361	paragraph (g), may, within 10 days after the date that person
362	has knowledge of the location of the vehicle, file a complaint
363	in the county in which the owner resides to determine whether
364	the vehicle was wrongfully taken or withheld from the owner or
365	lienholder. Upon the filing of a complaint, the owner or
366	lienholder may have the vehicle released by posting with the
367	court a bond or other adequate security equal to the amount of
368	the costs and fees for impoundment or immobilization, including
369	towing or storage, to ensure the payment of such costs and fees
370	if the owner or lienholder does not prevail. When the bond is
371	posted and the fee is paid as set forth in s. 28.24, the clerk
372	of the court shall issue a certificate releasing the vehicle. At
373	the time of release, after reasonable inspection, the owner or
374	lienholder must give a receipt to the towing or storage company
375	indicating any loss or damage to the vehicle or to the contents
376	of the vehicle.
377	(k) A defendant, in the court's discretion, may be
378	required to serve all or any portion of a term of imprisonment
379	to which the defendant has been sentenced pursuant to this
380	section in a residential alcoholism treatment program or a
381	residential drug abuse treatment program. Any time spent in such
382	a program must be credited by the court toward the term of
383	imprisonment.
384
385	For the purposes of this section, any conviction for a violation
386	of s. 327.35; a previous conviction for the violation of former
387	s. 316.1931, former s. 860.01, or former s. 316.028; or a
388	previous conviction outside this state for driving under the
389	influence, driving while intoxicated, driving with an unlawful
390	blood-alcohol level, driving with an unlawful breath-alcohol
391	level, or any other similar alcohol-related or drug-related
392	traffic offense, is also considered a previous conviction for
393	violation of this section. However, in satisfaction of the fine
394	imposed pursuant to this section, the court may, upon a finding
395	that the defendant is financially unable to pay either all or
396	part of the fine, order that the defendant participate for a
397	specified additional period of time in public service or a
398	community work project in lieu of payment of that portion of the
399	fine which the court determines the defendant is unable to pay.
400	In determining such additional sentence, the court shall
401	consider the amount of the unpaid portion of the fine and the
402	reasonable value of the services to be ordered; however, the
403	court may not compute the reasonable value of services at a rate
404	less than the federal minimum wage at the time of sentencing.
405	(7) A conviction under this section does not bar any civil
406	suit for damages against the person so convicted.
407	(8) At the arraignment, or in conjunction with any notice
408	of arraignment provided by the clerk of the court, the clerk
409	shall provide any person charged with a violation of this
410	section with notice that upon conviction the court shall suspend
411	or revoke the offender's driver's license and that the offender
412	should make arrangements for transportation at any proceeding in
413	which the court may take such action. Failure to provide such
414	notice does not affect the court's suspension or revocation of
415	the offender's driver's license.
416	(9) A person who is arrested for a violation of this
417	section may not be released from custody:
418	(a) Until the person is no longer under the influence of
419	alcoholic beverages, any chemical substance set forth in s.
420	877.111, or any substance controlled under chapter 893 and
421	affected to the extent that his or her normal faculties are
422	impaired;
423	(b) Until the person's blood-alcohol level or breath-
424	alcohol level is less than 0.05; or
425	(c) Until 8 hours have elapsed from the time the person
426	was arrested.
427	(10) The rulings of the Department of Highway Safety and
428	Motor Vehicles under s. 322.2615 shall not be considered in any
429	trial for a violation of this section. Testimony or evidence
430	from the administrative proceedings or any written statement
431	submitted by a person in his or her request for administrative
432	review is inadmissible into evidence or for any other purpose in
433	any criminal proceeding, unless timely disclosed in criminal
434	discovery pursuant to Rule 3.220, Florida Rules of Criminal
435	Procedure.
436	(11) The Department of Highway Safety and Motor Vehicles
437	is directed to adopt rules providing for the implementation of
438	the use of ignition interlock devices.
439	Section 2. Section 327.35, Florida Statutes, is amended to
440	read:
441	327.35 Boating under the influence; penalties; "designated
442	drivers".--
443	(1) A person is guilty of the offense of boating under the
444	influence and is subject to punishment as provided in subsection
445	(2) if the person is operating a vessel within this state and:
446	(a) The person is under the influence of alcoholic
447	beverages, any chemical substance set forth in s. 877.111, or
448	any substance controlled under chapter 893, when affected to the
449	extent that the person's normal faculties are impaired;
450	(b) The person has a blood-alcohol level of 0.08 or more
451	grams of alcohol per 100 milliliters of blood; or
452	(c) The person has a breath-alcohol level of 0.08 or more
453	grams of alcohol per 210 liters of breath.
454	(d) The person’s urine contains:
455	1. Five hundred nanograms or more per milliliter of urine
456	of the following:
457	a. 3,4-Methylenedioxymethamphetamine (MDMA);
458	b. 4-Bromo-2,5-dimethoxyamphetamine;
459	c. 4-Bromo-2,5-dimethoxyphenethylamine;
460	d. 2,5-Dimethoxyamphetamine;
461	e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
462	f. N-ethylamphetamine;
463	g. N-Hydroxy-3,4-methylenedioxyamphetamine;
464	h. 5-Methoxy-3,4-methylenedioxyamphetamine;
465	i. 4-methoxyamphetamine;
466	j. 4-methoxymethamphetamine;
467	k. 4-Methyl-2,5-dimethoxyamphetamine;
468	l. 3,4-Methylenedioxy-N-ethylamphetamine;
469	m. 3,4-Methylenedioxyamphetamine;
470	n. N,N-dimethylamphetamine; or
471	o. 3,4,5-Trimethoxyamphetamine;
472	2. One hundred fifty nanograms of cocaine or ecgonine,
473	including any of their stereoisomers, and any salt, compound,
474	derivative, or preparation of cocaine or ecgonine, per
475	milliliter of urine;
476	3. Two thousand nanograms of heroin or morphine per
477	milliliter of urine;
478	4. Ten nanograms of 6-monoacetyl morphine per milliliter
479	of urine;
480	5. Twenty-five nanograms of lysergic acid diethylamide
481	(LSD) per milliliter of urine;
482	6. Ten nanograms of cannabis per milliliter of urine; or
483	7. Fifteen grams of cannabis metabolite per milliliter of
484	urine.
485	(e) The person's blood contains:
486	1. One hundred nanograms or more per milliliter of blood
487	of the following:
488	a. 3,4-Methylenedioxymethamphetamine (MDMA);
489	b. 4-Bromo-2,5-dimethoxyamphetamine;
490	c. 4-Bromo-2,5-dimethoxyphenethylamine;
491	d. 2,5-Dimethoxyamphetamine;
492	e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
493	f. N-ethylamphetamine;
494	g. N-Hydroxy-3,4-methylenedioxyamphetamine;
495	h. 5-Methoxy-3,4-methylenedioxyamphetamine;
496	i. 4-methoxyamphetamine;
497	j. 4-methoxymethamphetamine;
498	k. 4-Methyl-2,5-dimethoxyamphetamine;
499	l. 3,4-Methylenedioxy-N-ethylamphetamine;
500	m. 3,4-Methylenedioxyamphetamine;
501	n. N,N-dimethylamphetamine; or
502	o. 3,4,5-Trimethoxyamphetamine;
503	2. Fifty nanograms of cocaine or ecgonine, including any
504	of their stereoisomers, and any salt, compound, derivative, or
505	preparation of cocaine or ecgonine, per milliliter of blood;
506	3. Fifty nanograms of heroin or morphine per milliliter of
507	blood;
508	4. Ten nanograms of 6-monoacetyl morphine per milliliter
509	of blood;
510	5. Ten nanograms of lysergic acid diethylamide (LSD) per
511	milliliter of blood;
512	6. Two nanograms of cannabis per milliliter of blood; or
513	7. Five grams of cannabis metabolite per milliliter of
514	blood.
515
516	The provisions of paragraphs (d) and (e) shall not apply to a
517	person who holds a valid prescription for such controlled
518	substance.
519	(2)(a) Except as provided in paragraph (b), subsection
520	(3), or subsection (4), any person who is convicted of a
521	violation of subsection (1) shall be punished:
522	1. By a fine of:
523	a. Not less than $250 or more than $500 for a first
524	conviction.
525	b. Not less than $500 or more than $1,000 for a second
526	conviction; and
527	2. By imprisonment for:
528	a. Not more than 6 months for a first conviction.
529	b. Not more than 9 months for a second conviction.
530	(b)1. Any person who is convicted of a third violation of
531	this section for an offense that occurs within 10 years after a
532	prior conviction for a violation of this section commits a
533	felony of the third degree, punishable as provided in s.
534	775.082, s. 775.083, or s. 775.084.
535	2. Any person who is convicted of a third violation of
536	this section for an offense that occurs more than 10 years after
537	the date of a prior conviction for a violation of this section
538	shall be punished by a fine of not less than $1,000 or more than
539	$2,500 and by imprisonment for not more than 12 months.
540	3. Any person who is convicted of a fourth or subsequent
541	violation of this section, regardless of when any prior
542	conviction for a violation of this section occurred, commits a
543	felony of the third degree, punishable as provided in s.
544	775.082, s. 775.083, or s. 775.084.
545
546	However, the fine imposed for such fourth or subsequent
547	violation may not be less than $1,000.
548	(3) Any person:
549	(a) Who is in violation of subsection (1);
550	(b) Who operates a vessel; and
551	(c) Who, by reason of such operation, causes or
552	contributes to causing:
553	1. Damage to the property or person of another commits a
554	misdemeanor of the first degree, punishable as provided in s.
555	775.082 or s. 775.083.
556	2. Serious bodily injury to another, as defined in s.
557	327.353, commits a felony of the third degree, punishable as
558	provided in s. 775.082, s. 775.083, or s. 775.084.
559	3. The death of any human being commits BUI manslaughter,
560	and commits:
561	a. A felony of the second degree, punishable as provided
562	in s. 775.082, s. 775.083, or s. 775.084.
563	b. A felony of the first degree, punishable as provided in
564	s. 775.082, s. 775.083, or s. 775.084, if:
565	(I) At the time of the accident, the person knew, or
566	should have known, that the accident occurred; and
567	(II) The person failed to give information and render aid
568	as required by s. 327.30.
569
570	This sub-subparagraph does not require that the person knew that
571	the accident resulted in injury or death.
572	(4) Any person who is convicted of a violation of
573	subsection (1) and who has a blood-alcohol level or breath-
574	alcohol level of 0.20 or higher, or any person who is convicted
575	of a violation of subsection (1) and who at the time of the
576	offense was accompanied in the vessel by a person under the age
577	of 18 years, shall be punished:
578	(a) By a fine of:
579	1. Not less than $500 or more than $1,000 for a first
580	conviction.
581	2. Not less than $1,000 or more than $2,000 for a second
582	conviction.
583	3. Not less than $2,000 for a third or subsequent
584	conviction.
585	(b) By imprisonment for:
586	1. Not more than 9 months for a first conviction.
587	2. Not more than 12 months for a second conviction.
588
589	For the purposes of this subsection, only the instant offense is
590	required to be a violation of subsection (1) by a person who has
591	a blood-alcohol level or breath-alcohol level of 0.20 or higher.
592	(5) In addition to any sentence or fine, the court shall
593	place any offender convicted of violating this section on
594	monthly reporting probation and shall require attendance at a
595	substance abuse course specified by the court; and the agency
596	conducting the course may refer the offender to an authorized
597	service provider for substance abuse evaluation and treatment,
598	in addition to any sentence or fine imposed under this section.
599	The offender shall assume reasonable costs for such education,
600	evaluation, and treatment, with completion of all such
601	education, evaluation, and treatment being a condition of
602	reporting probation. Treatment resulting from a psychosocial
603	evaluation may not be waived without a supporting psychosocial
604	evaluation conducted by an agency appointed by the court and
605	with access to the original evaluation. The offender shall bear
606	the cost of this procedure. The term "substance abuse" means the
607	abuse of alcohol or any substance named or described in
608	Schedules I-V of s. 893.03.
609	(6) With respect to any person convicted of a violation of
610	subsection (1), regardless of any other penalty imposed:
611	(a) For the first conviction, the court shall place the
612	defendant on probation for a period not to exceed 1 year and, as
613	a condition of such probation, shall order the defendant to
614	participate in public service or a community work project for a
615	minimum of 50 hours. The court must also, as a condition of
616	probation, order the impoundment or immobilization of the vessel
617	that was operated by or in the actual control of the defendant
618	or any one vehicle registered in the defendant's name at the
619	time of impoundment or immobilization, for a period of 10 days
620	or for the unexpired term of any lease or rental agreement that
621	expires within 10 days. The impoundment or immobilization must
622	not occur concurrently with the incarceration of the defendant.
623	The impoundment or immobilization order may be dismissed in
624	accordance with paragraph (e) or paragraph (f). The total period
625	of probation and incarceration may not exceed 1 year.
626	(b) For the second conviction for an offense that occurs
627	within a period of 5 years after the date of a prior conviction
628	for violation of this section, the court shall order
629	imprisonment for not less than 10 days. The court must also, as
630	a condition of probation, order the impoundment or
631	immobilization of the vessel that was operated by or in the
632	actual control of the defendant or any one vehicle registered in
633	the defendant's name at the time of impoundment or
634	immobilization, for a period of 30 days or for the unexpired
635	term of any lease or rental agreement that expires within 30
636	days. The impoundment or immobilization must not occur
637	concurrently with the incarceration of the defendant. The
638	impoundment or immobilization order may be dismissed in
639	accordance with paragraph (e) or paragraph (f). At least 48
640	hours of confinement must be consecutive.
641	(c) For the third or subsequent conviction for an offense
642	that occurs within a period of 10 years after the date of a
643	prior conviction for violation of this section, the court shall
644	order imprisonment for not less than 30 days. The court must
645	also, as a condition of probation, order the impoundment or
646	immobilization of the vessel that was operated by or in the
647	actual control of the defendant or any one vehicle registered in
648	the defendant's name at the time of impoundment or
649	immobilization, for a period of 90 days or for the unexpired
650	term of any lease or rental agreement that expires within 90
651	days. The impoundment or immobilization must not occur
652	concurrently with the incarceration of the defendant. The
653	impoundment or immobilization order may be dismissed in
654	accordance with paragraph (e) or paragraph (f). At least 48
655	hours of confinement must be consecutive.
656	(d) The court must at the time of sentencing the defendant
657	issue an order for the impoundment or immobilization of a
658	vessel. Within 7 business days after the date that the court
659	issues the order of impoundment, and once again 30 business days
660	before the actual impoundment or immobilization of the vessel,
661	the clerk of the court must send notice by certified mail,
662	return receipt requested, to the registered owner of each
663	vessel, if the registered owner is a person other than the
664	defendant, and to each person of record claiming a lien against
665	the vessel.
666	(e) A person who owns but was not operating the vessel
667	when the offense occurred may submit to the court a police
668	report indicating that the vessel was stolen at the time of the
669	offense or documentation of having purchased the vessel after
670	the offense was committed from an entity other than the
671	defendant or the defendant's agent. If the court finds that the
672	vessel was stolen or that the sale was not made to circumvent
673	the order and allow the defendant continued access to the
674	vessel, the order must be dismissed and the owner of the vessel
675	will incur no costs. If the court denies the request to dismiss
676	the order of impoundment or immobilization, the petitioner may
677	request an evidentiary hearing.
678	(f) A person who owns but was not operating the vessel
679	when the offense occurred, and whose vessel was stolen or who
680	purchased the vessel after the offense was committed directly
681	from the defendant or the defendant's agent, may request an
682	evidentiary hearing to determine whether the impoundment or
683	immobilization should occur. If the court finds that either the
684	vessel was stolen or the purchase was made without knowledge of
685	the offense, that the purchaser had no relationship to the
686	defendant other than through the transaction, and that such
687	purchase would not circumvent the order and allow the defendant
688	continued access to the vessel, the order must be dismissed and
689	the owner of the vessel will incur no costs.
690	(g) All costs and fees for the impoundment or
691	immobilization, including the cost of notification, must be paid
692	by the owner of the vessel or, if the vessel is leased or
693	rented, by the person leasing or renting the vessel, unless the
694	impoundment or immobilization order is dismissed.
695	(h) The person who owns a vessel that is impounded or
696	immobilized under this paragraph, or a person who has a lien of
697	record against such a vessel and who has not requested a review
698	of the impoundment pursuant to paragraph (e) or paragraph (f),
699	may, within 10 days after the date that person has knowledge of
700	the location of the vessel, file a complaint in the county in
701	which the owner resides to determine whether the vessel was
702	wrongfully taken or withheld from the owner or lienholder. Upon
703	the filing of a complaint, the owner or lienholder may have the
704	vessel released by posting with the court a bond or other
705	adequate security equal to the amount of the costs and fees for
706	impoundment or immobilization, including towing or storage, to
707	ensure the payment of the costs and fees if the owner or
708	lienholder does not prevail. When the bond is posted and the fee
709	is paid as set forth in s. 28.24, the clerk of the court shall
710	issue a certificate releasing the vessel. At the time of
711	release, after reasonable inspection, the owner or lienholder
712	must give a receipt to the towing or storage company indicating
713	any loss or damage to the vessel or to the contents of the
714	vessel.
715	(i) A defendant, in the court's discretion, may be
716	required to serve all or any portion of a term of imprisonment
717	to which the defendant has been sentenced pursuant to this
718	section in a residential alcoholism treatment program or a
719	residential drug abuse treatment program. Any time spent in such
720	a program must be credited by the court toward the term of
721	imprisonment.
722
723	For the purposes of this section, any conviction for a violation
724	of s. 316.193, a previous conviction for the violation of former
725	s. 316.1931, former s. 860.01, or former s. 316.028, or a
726	previous conviction outside this state for driving under the
727	influence, driving while intoxicated, driving with an unlawful
728	blood-alcohol level, driving with an unlawful breath-alcohol
729	level, or any other similar alcohol-related or drug-related
730	traffic offense, is also considered a previous conviction for
731	violation of this section.
732	(7) A conviction under this section does not bar any civil
733	suit for damages against the person so convicted.
734	(8) A person who is arrested for a violation of this
735	section may not be released from custody:
736	(a) Until the person is no longer under the influence of
737	alcoholic beverages, any chemical substance set forth in s.
738	877.111, or any substance controlled under chapter 893 and
739	affected to the extent that his or her normal faculties are
740	impaired;
741	(b) Until the person's blood-alcohol level or breath-
742	alcohol level is less than 0.05; or
743	(c) Until 8 hours have elapsed from the time the person
744	was arrested.
745	(9) Notwithstanding any other provision of this section,
746	for any person convicted of a violation of subsection (1), in
747	addition to the fines set forth in subsections (2) and (4), an
748	additional fine of $60 shall be assessed and collected in the
749	same manner as the fines set forth in subsections (2) and (4).
750	All fines collected under this subsection shall be remitted by
751	the clerk of the court to the Department of Revenue for deposit
752	into the Brain and Spinal Cord Injury Rehabilitation Trust Fund
753	and used for the purposes set forth in s. 381.79, after 5
754	percent is deducted therefrom by the clerk of the court for
755	administrative costs.
756	(10) It is the intent of the Legislature to encourage
757	boaters to have a "designated driver" who does not consume
758	alcoholic beverages.
759	Section 3. For the purpose of incorporating the amendment
760	to section 316.193, Florida Statutes, in references thereto,
761	paragraph (a) of subsection (3) of section 316.066, Florida
762	Statutes, is reenacted to read:
763	316.066 Written reports of crashes.--
764	(3)(a) Every law enforcement officer who in the regular
765	course of duty investigates a motor vehicle crash:
766	1. Which crash resulted in death or personal injury shall,
767	within 10 days after completing the investigation, forward a
768	written report of the crash to the department or traffic records
769	center.
770	2. Which crash involved a violation of s. 316.061(1) or s.
771	316.193 shall, within 10 days after completing the
772	investigation, forward a written report of the crash to the
773	department or traffic records center.
774	3. In which crash a vehicle was rendered inoperative to a
775	degree which required a wrecker to remove it from traffic may,
776	within 10 days after completing the investigation, forward a
777	written report of the crash to the department or traffic records
778	center if such action is appropriate, in the officer's
779	discretion.
780
781	However, in every case in which a crash report is required by
782	this section and a written report to a law enforcement officer
783	is not prepared, the law enforcement officer shall provide each
784	party involved in the crash a short-form report, prescribed by
785	the state, to be completed by the party. The short-form report
786	must include, but is not limited to: the date, time, and
787	location of the crash; a description of the vehicles involved;
788	the names and addresses of the parties involved; the names and
789	addresses of witnesses; the name, badge number, and law
790	enforcement agency of the officer investigating the crash; and
791	the names of the insurance companies for the respective parties
792	involved in the crash. Each party to the crash shall provide the
793	law enforcement officer with proof of insurance to be included
794	in the crash report. If a law enforcement officer submits a
795	report on the accident, proof of insurance must be provided to
796	the officer by each party involved in the crash. Any party who
797	fails to provide the required information is guilty of an
798	infraction for a nonmoving violation, punishable as provided in
799	chapter 318 unless the officer determines that due to injuries
800	or other special circumstances such insurance information cannot
801	be provided immediately. If the person provides the law
802	enforcement agency, within 24 hours after the crash, proof of
803	insurance that was valid at the time of the crash, the law
804	enforcement agency may void the citation.
805	Section 4. For the purpose of incorporating the amendment
806	to section 316.193, Florida Statutes, in references thereto,
807	paragraph (b) of subsection (4) of section 316.072, Florida
808	Statutes, is reenacted to read:
809	316.072 Obedience to and effect of traffic laws.--
810	(4) PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
811	EXCEPTIONS.--
812	(b) Unless specifically made applicable, the provisions of
813	this chapter, except those contained in ss. 316.192, 316.1925,
814	and 316.193, shall not apply to persons, teams, or motor
815	vehicles and other equipment while actually engaged in work upon
816	the surface of a highway, but shall apply to such persons and
817	vehicles when traveling to or from such work.
818	Section 5. For the purpose of incorporating the amendment
819	to section 316.193, Florida Statutes, in references thereto,
820	subsection (3) of section 316.1932, Florida Statutes, is
821	reenacted to read:
822	316.1932 Breath, blood, and urine tests for alcohol,
823	chemical substances, or controlled substances; implied consent;
824	refusal.--
825	(3) Notwithstanding any provision of law pertaining to the
826	confidentiality of hospital records or other medical records,
827	information relating to the alcoholic content of the blood or
828	breath or the presence of chemical substances or controlled
829	substances in the blood obtained pursuant to this section shall
830	be released to a court, prosecuting attorney, defense attorney,
831	or law enforcement officer in connection with an alleged
832	violation of s. 316.193 upon request for such information.
833	Section 6. For the purpose of incorporating the amendment
834	to section 316.193, Florida Statutes, in references thereto,
835	subsection (4) of section 316.1933, Florida Statutes, is
836	reenacted to read:
837	316.1933 Blood test for impairment or intoxication in
838	cases of death or serious bodily injury; right to use reasonable
839	force.--
840	(4) Notwithstanding any provision of law pertaining to the
841	confidentiality of hospital records or other medical records,
842	information relating to the alcoholic content of the blood or
843	the presence of chemical substances or controlled substances in
844	the blood obtained pursuant to this section shall be released to
845	a court, prosecuting attorney, defense attorney, or law
846	enforcement officer in connection with an alleged violation of
847	s. 316.193 upon request for such information.
848	Section 7. For the purpose of incorporating the amendment
849	to section 316.193, Florida Statutes, in references thereto,
850	subsections (1) and (4) of section 316.1934, Florida Statutes,
851	are reenacted to read:
852	316.1934 Presumption of impairment; testing methods.--
853	(1) It is unlawful and punishable as provided in chapter
854	322 and in s. 316.193 for any person who is under the influence
855	of alcoholic beverages or controlled substances, when affected
856	to the extent that the person's normal faculties are impaired or
857	to the extent that the person is deprived of full possession of
858	normal faculties, to drive or be in actual physical control of
859	any motor vehicle within this state. Such normal faculties
860	include, but are not limited to, the ability to see, hear, walk,
861	talk, judge distances, drive an automobile, make judgments, act
862	in emergencies, and, in general, normally perform the many
863	mental and physical acts of daily life.
864	(4) Any person charged with a violation of s. 316.193,
865	whether in a municipality or not, is entitled to trial by jury
866	according to the Florida Rules of Criminal Procedure.
867	Section 8. For the purpose of incorporating the amendment
868	to section 316.193, Florida Statutes, in references thereto,
869	section 316.1937, Florida Statutes, is reenacted to read:
870	316.1937 Ignition interlock devices, requiring; unlawful
871	acts.--
872	(1) In addition to any other authorized penalties, the
873	court may require that any person who is convicted of driving
874	under the influence in violation of s. 316.193 shall not operate
875	a motor vehicle unless that vehicle is equipped with a
876	functioning ignition interlock device certified by the
877	department as provided in s. 316.1938, and installed in such a
878	manner that the vehicle will not start if the operator's blood
879	alcohol level is in excess of 0.05 percent or as otherwise
880	specified by the court. The court may require the use of an
881	approved ignition interlock device for a period of not less than
882	6 months, if the person is permitted to operate a motor vehicle,
883	whether or not the privilege to operate a motor vehicle is
884	restricted, as determined by the court. The court, however,
885	shall order placement of an ignition interlock device in those
886	circumstances required by s. 316.193.
887	(2) If the court imposes the use of an ignition interlock
888	device, the court shall:
889	(a) Stipulate on the record the requirement for, and the
890	period of, the use of a certified ignition interlock device.
891	(b) Order that the records of the department reflect such
892	requirement.
893	(c) Order that an ignition interlock device be installed,
894	as the court may determine necessary, on any vehicle owned or
895	operated by the person.
896	(d) Determine the person's ability to pay for installation
897	of the device if the person claims inability to pay. If the
898	court determines that the person is unable to pay for
899	installation of the device, the court may order that any portion
900	of a fine paid by the person for a violation of s. 316.193 shall
901	be allocated to defray the costs of installing the device.
902	(e) Require proof of installation of the device and
903	periodic reporting to the department for verification of the
904	operation of the device in the person's vehicle.
905	(3) If the court imposes the use of an ignition interlock
906	device on a person whose driving privilege is not suspended or
907	revoked, the court shall require the person to provide proof of
908	compliance to the department within 30 days. If the person fails
909	to provide proof of installation within that period, absent a
910	finding by the court of good cause for that failure which is
911	entered in the court record, the court shall notify the
912	department.
913	(4) If the court imposes the use of an ignition interlock
914	device on a person whose driving privilege is suspended or
915	revoked for a period of less than 3 years, the department shall
916	require proof of compliance before reinstatement of the person's
917	driving privilege.
918	(5)(a) In addition to any other provision of law, upon
919	conviction of a violation of this section the department shall
920	revoke the person's driving privilege for 1 year from the date
921	of conviction. Upon conviction of a separate violation of this
922	section during the same period of required use of an ignition
923	interlock device, the department shall revoke the person's
924	driving privilege for 5 years from the date of conviction.
925	(b) Any person convicted of a violation of subsection (6)
926	who does not have a driver's license shall, in addition to any
927	other penalty provided by law, pay a fine of not less than $250
928	or more than $500 per each such violation. In the event that the
929	person is unable to pay any such fine, the fine shall become a
930	lien against the motor vehicle used in violation of subsection
931	(6) and payment shall be made pursuant to s. 316.3025(4).
932	(6)(a) It is unlawful to tamper with, or to circumvent the
933	operation of, a court-ordered ignition interlock device.
934	(b) It is unlawful for any person whose driving privilege
935	is restricted pursuant to this section to request or solicit any
936	other person to blow into an ignition interlock device or to
937	start a motor vehicle equipped with the device for the purpose
938	of providing the person so restricted with an operable motor
939	vehicle.
940	(c) It is unlawful to blow into an ignition interlock
941	device or to start a motor vehicle equipped with the device for
942	the purpose of providing an operable motor vehicle to a person
943	whose driving privilege is restricted pursuant to this section.
944	(d) It is unlawful to knowingly lease or lend a motor
945	vehicle to a person who has had his or her driving privilege
946	restricted as provided in this section, unless the vehicle is
947	equipped with a functioning, certified ignition interlock
948	device. Any person whose driving privilege is restricted under a
949	condition of probation requiring an ignition interlock device
950	shall notify any other person who leases or loans a motor
951	vehicle to him or her of such driving restriction.
952	(7) Notwithstanding the provisions of this section, if a
953	person is required to operate a motor vehicle in the course and
954	scope of his or her employment and if the vehicle is owned by
955	the employer, the person may operate that vehicle without
956	installation of an approved ignition interlock device if the
957	employer has been notified of such driving privilege restriction
958	and if proof of that notification is with the vehicle. This
959	employment exemption does not apply, however, if the business
960	entity which owns the vehicle is owned or controlled by the
961	person whose driving privilege has been restricted.
962	(8) In addition to the penalties provided in this section,
963	a violation of this section is a noncriminal traffic infraction,
964	punishable as a nonmoving violation as provided in chapter 318.
965	Section 9. For the purpose of incorporating the amendment
966	to section 316.193, Florida Statutes, in references thereto,
967	section 316.1939, Florida Statutes, is reenacted to read:
968	316.1939 Refusal to submit to testing; penalties.--
969	(1) Any person who has refused to submit to a chemical or
970	physical test of his or her breath, blood, or urine, as
971	described in s. 316.1932, and whose driving privilege was
972	previously suspended for a prior refusal to submit to a lawful
973	test of his or her breath, urine, or blood, and:
974	(a) Who the arresting law enforcement officer had probable
975	cause to believe was driving or in actual physical control of a
976	motor vehicle in this state while under the influence of
977	alcoholic beverages, chemical substances, or controlled
978	substances;
979	(b) Who was placed under lawful arrest for a violation of
980	s. 316.193 unless such test was requested pursuant to s.
981	316.1932(1)(c);
982	(c) Who was informed that, if he or she refused to submit
983	to such test, his or her privilege to operate a motor vehicle
984	would be suspended for a period of 1 year or, in the case of a
985	second or subsequent refusal, for a period of 18 months;
986	(d) Who was informed that a refusal to submit to a lawful
987	test of his or her breath, urine, or blood, if his or her
988	driving privilege has been previously suspended for a prior
989	refusal to submit to a lawful test of his or her breath, urine,
990	or blood, is a misdemeanor; and
991	(e) Who, after having been so informed, refused to submit
992	to any such test when requested to do so by a law enforcement
993	officer or correctional officer
994
995	commits a misdemeanor of the first degree and is subject to
996	punishment as provided in s. 775.082 or s. 775.083.
997	(2) The disposition of any administrative proceeding that
998	relates to the suspension of a person's driving privilege does
999	not affect a criminal action under this section.
1000	(3) The disposition of a criminal action under this
1001	section does not affect any administrative proceeding that
1002	relates to the suspension of a person's driving privilege. The
1003	department's records showing that a person's license has been
1004	previously suspended for a prior refusal to submit to a lawful
1005	test of his or her breath, urine, or blood shall be admissible
1006	and shall create a rebuttable presumption of such suspension.
1007	Section 10. For the purpose of incorporating the amendment
1008	to section 316.193, Florida Statutes, in references thereto,
1009	section 316.656, Florida Statutes, is reenacted to read:
1010	316.656 Mandatory adjudication; prohibition against
1011	accepting plea to lesser included offense.--
1012	(1) Notwithstanding the provisions of s. 948.01, no court
1013	may suspend, defer, or withhold adjudication of guilt or
1014	imposition of sentence for any violation of s. 316.193, for
1015	manslaughter resulting from the operation of a motor vehicle, or
1016	for vehicular homicide.
1017	(2)(a) No trial judge may accept a plea of guilty to a
1018	lesser offense from a person charged under the provisions of
1019	this act who has been given a breath or blood test to determine
1020	blood or breath alcohol content, the results of which show a
1021	blood or breath alcohol content by weight of 0.20 percent or
1022	more.
1023	(b) No trial judge may accept a plea of guilty to a lesser
1024	offense from a person charged with a violation of s. 316.193(3),
1025	manslaughter resulting from the operation of a motor vehicle, or
1026	vehicular homicide.
1027	Section 11. For the purpose of incorporating the amendment
1028	to section 316.193, Florida Statutes, in references thereto,
1029	subsections (4) and (5) of section 318.143, Florida Statutes,
1030	are reenacted to read:
1031	318.143 Sanctions for infractions by minors.--
1032	(4) For the first conviction for a violation of s.
1033	316.193, the court may order the Department of Highway Safety
1034	and Motor Vehicles to revoke the minor's driver's license until
1035	the minor is 18 years of age. For a second or subsequent
1036	conviction for such a violation, the court may order the
1037	Department of Highway Safety and Motor Vehicles to revoke the
1038	minor's driver's license until the minor is 21 years of age.
1039	(5) A minor who is arrested for a violation of s. 316.193
1040	may be released from custody as soon as:
1041	(a) The minor is no longer under the influence of
1042	alcoholic beverages, of any chemical substance set forth in s.
1043	877.111, or of any substance controlled under chapter 893, and
1044	is not affected to the extent that his or her normal faculties
1045	are impaired;
1046	(b) The minor's blood-alcohol level is less than 0.05
1047	percent; or
1048	(c) Six hours have elapsed after the minor's arrest.
1049	Section 12. For the purpose of incorporating the amendment
1050	to section 316.193, Florida Statutes, in references thereto,
1051	subsection (3) of section 318.17, Florida Statutes, is reenacted
1052	to read:
1053	318.17 Offenses excepted.--No provision of this chapter is
1054	available to a person who is charged with any of the following
1055	offenses:
1056	(3) Driving, or being in actual physical control of, any
1057	vehicle while under the influence of alcoholic beverages, any
1058	chemical substance set forth in s. 877.111, or any substance
1059	controlled under chapter 893, in violation of s. 316.193, or
1060	driving with an unlawful blood-alcohol level;
1061	Section 13. For the purpose of incorporating the amendment
1062	to section 316.193, Florida Statutes, in references thereto,
1063	subsection (2) of section 322.03, Florida Statutes, is reenacted
1064	to read:
1065	322.03 Drivers must be licensed; penalties.--
1066	(2) Prior to issuing a driver's license, the department
1067	shall require any person who has been convicted two or more
1068	times of a violation of s. 316.193 or of a substantially similar
1069	alcohol-related or drug-related offense outside this state
1070	within the preceding 5 years, or who has been convicted of three
1071	or more such offenses within the preceding 10 years, to present
1072	proof of successful completion of or enrollment in a department-
1073	approved substance abuse education course. If the person fails
1074	to complete such education course within 90 days after issuance,
1075	the department shall cancel the license. Further, prior to
1076	issuing the driver's license the department shall require such
1077	person to present proof of financial responsibility as provided
1078	in s. 324.031. For the purposes of this paragraph, a previous
1079	conviction for violation of former s. 316.028, former s.
1080	316.1931, or former s. 860.01 shall be considered a previous
1081	conviction for violation of s. 316.193.
1082	Section 14. For the purpose of incorporating the amendment
1083	to section 316.193, Florida Statutes, in references thereto,
1084	paragraph (a) of subsection (2) of section 322.0602, Florida
1085	Statutes, is reenacted to read:
1086	322.0602 Youthful Drunk Driver Visitation Program.--
1087	(2) COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR
1088	PARTICIPATION.--
1089	(a) If a person is convicted of a violation of s. 316.193,
1090	the court may order, as a term and condition of probation in
1091	addition to any other term or condition required or authorized
1092	by law, that the probationer participate in the Youthful Drunk
1093	Driver Visitation Program.
1094	Section 15. For the purpose of incorporating the amendment
1095	to section 316.193, Florida Statutes, in references thereto,
1096	subsection (2) of section 322.12, Florida Statutes, is reenacted
1097	to read:
1098	322.12 Examination of applicants.--
1099	(2) The department shall examine every applicant for a
1100	driver's license, including an applicant who is licensed in
1101	another state or country, except as otherwise provided in this
1102	chapter. A person who holds a learner's driver's license as
1103	provided for in s. 322.1615 is not required to pay a fee for
1104	successfully completing the examination showing his or her
1105	ability to operate a motor vehicle as provided for herein and
1106	need not pay the fee for a replacement license as provided in s.
1107	322.17(2). Any person who applies for reinstatement following
1108	the suspension or revocation of his or her driver's license
1109	shall pay a service fee of $25 following a suspension, and $50
1110	following a revocation, which is in addition to the fee for a
1111	license. Any person who applies for reinstatement of a
1112	commercial driver's license following the disqualification of
1113	his or her privilege to operate a commercial motor vehicle shall
1114	pay a service fee of $50, which is in addition to the fee for a
1115	license. The department shall collect all of these fees at the
1116	time of reinstatement. The department shall issue proper
1117	receipts for such fees and shall promptly transmit all funds
1118	received by it as follows:
1119	(a) Of the $25 fee received from a licensee for
1120	reinstatement following a suspension, the department shall
1121	deposit $15 in the General Revenue Fund and the remaining $10 in
1122	the Highway Safety Operating Trust Fund.
1123	(b) Of the $50 fee received from a licensee for
1124	reinstatement following a revocation or disqualification, the
1125	department shall deposit $35 in the General Revenue Fund and the
1126	remaining $15 in the Highway Safety Operating Trust Fund.
1127
1128	If the revocation or suspension of the driver's license was for
1129	a violation of s. 316.193, or for refusal to submit to a lawful
1130	breath, blood, or urine test, an additional fee of $105 must be
1131	charged. However, only one such $105 fee is to be collected from
1132	one person convicted of such violations arising out of the same
1133	incident. The department shall collect the $105 fee and deposit
1134	it into the Highway Safety Operating Trust Fund at the time of
1135	reinstatement of the person's driver's license, but the fee must
1136	not be collected if the suspension or revocation was overturned.
1137	Section 16. For the purpose of incorporating the amendment
1138	to section 316.193, Florida Statutes, in references thereto,
1139	section 322.25, Florida Statutes, is reenacted to read:
1140	322.25 When court to forward license to department and
1141	report convictions; temporary reinstatement of driving
1142	privileges.--
1143	(1) Whenever any person is convicted of any offense for
1144	which this chapter makes mandatory the revocation of the
1145	driver's license of such person by the department, the court in
1146	which such conviction is had shall require the surrender to it
1147	of all driver's licenses then held by the person so convicted,
1148	and the court shall thereupon forward the same, together with a
1149	record of such conviction, to the department.
1150	(2) Every court having jurisdiction over offenses
1151	committed under this chapter, or any other law of this state
1152	regulating the operation of motor vehicles on highways, shall
1153	forward to the department a record of the conviction of any
1154	person in said court for a violation of any said laws, and shall
1155	suspend or revoke in accordance with the provisions of this
1156	chapter the driver's license of the person so convicted.
1157	(3) There shall be no notation made upon a license of
1158	either an arrest or warning until the holder of the license has
1159	been duly convicted or has forfeited bond.
1160	(4) For the purpose of this chapter, a forfeiture of bail
1161	or collateral deposited to secure a defendant's appearance in
1162	court, which forfeiture has not been vacated, shall be
1163	equivalent to a conviction.
1164	(5) For the purpose of this chapter, the entrance of a
1165	plea of nolo contendere by the defendant to a charge of driving
1166	while intoxicated, driving under the influence, driving with an
1167	unlawful blood-alcohol level, or any other alcohol-related or
1168	drug-related traffic offense similar to the offenses specified
1169	in s. 316.193, accepted by the court and under which plea the
1170	court has entered a fine or sentence, whether in this state or
1171	any other state or country, shall be equivalent to a conviction.
1172	(6) The report of a judicial disposition of an offense
1173	committed under this chapter or of any traffic violation,
1174	including parking on a roadway outside the limits of a
1175	municipality, or of a violation of any law of this state
1176	regulating the operation of motor vehicles on highways shall be
1177	made by the court to the department on a standard form
1178	prescribed by the department. In addition, the court shall so
1179	report to the department any conviction of a person for felony
1180	possession of a controlled substance if such person was driving
1181	or in actual physical control of a motor vehicle at the time of
1182	such possession. The form shall be a copy of the uniform traffic
1183	citation and complaint as prescribed by s. 316.650 and shall
1184	include a place for the court to indicate clearly whether it
1185	recommends suspension or revocation of the offender's driving
1186	privilege. The report shall be signed by the judge or by
1187	facsimile signature. The clerks of the court may submit
1188	disposition data to the department in an automated fashion, in a
1189	form prescribed by the department.
1190	(7) Any licensed driver convicted of driving, or being in
1191	the actual physical control of, a vehicle within this state
1192	while under the influence of alcoholic beverages, any chemical
1193	substance set forth in s. 877.111, or any substance controlled
1194	under chapter 893, when affected to the extent that his or her
1195	normal faculties are impaired, and whose license and driving
1196	privilege have been revoked as provided in subsection (1) may be
1197	issued a court order for reinstatement of a driving privilege on
1198	a temporary basis; provided that, as a part of the penalty, upon
1199	conviction, the defendant is required to enroll in and complete
1200	a driver improvement course for the rehabilitation of drinking
1201	drivers and the driver is otherwise eligible for reinstatement
1202	of the driving privilege as provided by s. 322.282. The court
1203	order for reinstatement shall be on a form provided by the
1204	department and must be taken by the person convicted to a
1205	Florida driver's license examining office, where a temporary
1206	driving permit may be issued. The period of time for which a
1207	temporary permit issued in accordance with this subsection is
1208	valid shall be deemed to be part of the period of revocation
1209	imposed by the court.
1210	Section 17. For the purpose of incorporating the amendment
1211	to section 316.193, Florida Statutes, in references thereto,
1212	paragraph (a) of subsection (1) and subsection (2) of section
1213	322.26, Florida Statutes, are reenacted to read:
1214	322.26 Mandatory revocation of license by department.--The
1215	department shall forthwith revoke the license or driving
1216	privilege of any person upon receiving a record of such person's
1217	conviction of any of the following offenses:
1218	(1)(a) Murder resulting from the operation of a motor
1219	vehicle, DUI manslaughter where the conviction represents a
1220	subsequent DUI-related conviction, or a fourth violation of s.
1221	316.193 or former s. 316.1931. For such cases, the revocation of
1222	the driver's license or driving privilege shall be permanent.
1223	(2) Driving a motor vehicle or being in actual physical
1224	control thereof, or entering a plea of nolo contendere, said
1225	plea being accepted by the court and said court entering a fine
1226	or sentence to a charge of driving, while under the influence of
1227	alcoholic beverages or a substance controlled under chapter 893,
1228	or being in actual physical control of a motor vehicle while
1229	under the influence of alcoholic beverages or a substance
1230	controlled under chapter 893. In any case where DUI manslaughter
1231	occurs and the person has no prior convictions for DUI-related
1232	offenses, the revocation of the license or driving privilege
1233	shall be permanent, except as provided for in s. 322.271(4).
1234	Section 18. For the purpose of incorporating the amendment
1235	to section 316.193, Florida Statutes, in references thereto,
1236	subsections (1), (2), (7), (8), and (14) of section 322.2615,
1237	Florida Statutes, are reenacted to read:
1238	322.2615 Suspension of license; right to review.--
1239	(1)(a) A law enforcement officer or correctional officer
1240	shall, on behalf of the department, suspend the driving
1241	privilege of a person who has been arrested by a law enforcement
1242	officer for a violation of s. 316.193, relating to unlawful
1243	blood-alcohol level or breath-alcohol level, or of a person who
1244	has refused to submit to a breath, urine, or blood test
1245	authorized by s. 316.1932. The officer shall take the person's
1246	driver's license and issue the person a 10-day temporary permit
1247	if the person is otherwise eligible for the driving privilege
1248	and shall issue the person a notice of suspension. If a blood
1249	test has been administered, the results of which are not
1250	available to the officer at the time of the arrest, the agency
1251	employing the officer shall transmit such results to the
1252	department within 5 days after receipt of the results. If the
1253	department then determines that the person was arrested for a
1254	violation of s. 316.193 and that the person had a blood-alcohol
1255	level or breath-alcohol level of 0.08 or higher, the department
1256	shall suspend the person's driver's license pursuant to
1257	subsection (3).
1258	(b) The suspension under paragraph (a) shall be pursuant
1259	to, and the notice of suspension shall inform the driver of, the
1260	following:
1261	1.a. The driver refused to submit to a lawful breath,
1262	blood, or urine test and his or her driving privilege is
1263	suspended for a period of 1 year for a first refusal or for a
1264	period of 18 months if his or her driving privilege has been
1265	previously suspended as a result of a refusal to submit to such
1266	a test; or
1267	b. The driver violated s. 316.193 by driving with an
1268	unlawful blood-alcohol level as provided in that section and his
1269	or her driving privilege is suspended for a period of 6 months
1270	for a first offense or for a period of 1 year if his or her
1271	driving privilege has been previously suspended for a violation
1272	of s. 316.193.
1273	2. The suspension period shall commence on the date of
1274	arrest or issuance of the notice of suspension, whichever is
1275	later.
1276	3. The driver may request a formal or informal review of
1277	the suspension by the department within 10 days after the date
1278	of arrest or issuance of the notice of suspension, whichever is
1279	later.
1280	4. The temporary permit issued at the time of arrest will
1281	expire at midnight of the 10th day following the date of arrest
1282	or issuance of the notice of suspension, whichever is later.
1283	5. The driver may submit to the department any materials
1284	relevant to the arrest.
1285	(2) Except as provided in paragraph (1)(a), the law
1286	enforcement officer shall forward to the department, within 5
1287	days after the date of the arrest, a copy of the notice of
1288	suspension, the driver's license of the person arrested, and a
1289	report of the arrest, including an affidavit stating the
1290	officer's grounds for belief that the person arrested was in
1291	violation of s. 316.193; the results of any breath or blood test
1292	or an affidavit stating that a breath, blood, or urine test was
1293	requested by a law enforcement officer or correctional officer
1294	and that the person arrested refused to submit; a copy of the
1295	citation issued to the person arrested; and the officer's
1296	description of the person's field sobriety test, if any. The
1297	failure of the officer to submit materials within the 5-day
1298	period specified in this subsection and in subsection (1) shall
1299	not affect the department's ability to consider any evidence
1300	submitted at or prior to the hearing. The officer may also
1301	submit a copy of a videotape of the field sobriety test or the
1302	attempt to administer such test.
1303	(7) In a formal review hearing under subsection (6) or an
1304	informal review hearing under subsection (4), the hearing
1305	officer shall determine by a preponderance of the evidence
1306	whether sufficient cause exists to sustain, amend, or invalidate
1307	the suspension. The scope of the review shall be limited to the
1308	following issues:
1309	(a) If the license was suspended for driving with an
1310	unlawful blood-alcohol level in violation of s. 316.193:
1311	1. Whether the arresting law enforcement officer had
1312	probable cause to believe that the person was driving or in
1313	actual physical control of a motor vehicle in this state while
1314	under the influence of alcoholic beverages or controlled
1315	substances.
1316	2. Whether the person was placed under lawful arrest for a
1317	violation of s. 316.193.
1318	3. Whether the person had an unlawful blood-alcohol level
1319	as provided in s. 316.193.
1320	(b) If the license was suspended for refusal to submit to
1321	a breath, blood, or urine test:
1322	1. Whether the arresting law enforcement officer had
1323	probable cause to believe that the person was driving or in
1324	actual physical control of a motor vehicle in this state while
1325	under the influence of alcoholic beverages or controlled
1326	substances.
1327	2. Whether the person was placed under lawful arrest for a
1328	violation of s. 316.193.
1329	3. Whether the person refused to submit to any such test
1330	after being requested to do so by a law enforcement officer or
1331	correctional officer.
1332	4. Whether the person was told that if he or she refused
1333	to submit to such test his or her privilege to operate a motor
1334	vehicle would be suspended for a period of 1 year or, in the
1335	case of a second or subsequent refusal, for a period of 18
1336	months.
1337	(8) Based on the determination of the hearing officer
1338	pursuant to subsection (7) for both informal hearings under
1339	subsection (4) and formal hearings under subsection (6), the
1340	department shall:
1341	(a) Sustain the suspension of the person's driving
1342	privilege for a period of 1 year for a first refusal, or for a
1343	period of 18 months if the driving privilege of such person has
1344	been previously suspended as a result of a refusal to submit to
1345	such tests, if the arrested person refused to submit to a lawful
1346	breath, blood, or urine test. The suspension period commences on
1347	the date of the arrest or issuance of the notice of suspension,
1348	whichever is later.
1349	(b) Sustain the suspension of the person's driving
1350	privilege for a period of 6 months for a violation of s.
1351	316.193, or for a period of 1 year if the driving privilege of
1352	such person has been previously suspended as a result of a
1353	violation of s. 316.193. The suspension period commences on the
1354	date of the arrest or issuance of the notice of suspension,
1355	whichever is later.
1356	(14) The decision of the department under this section
1357	shall not be considered in any trial for a violation of s.
1358	316.193, nor shall any written statement submitted by a person
1359	in his or her request for departmental review under this section
1360	be admissible into evidence against him or her in any such
1361	trial. The disposition of any related criminal proceedings shall
1362	not affect a suspension imposed pursuant to this section.
1363	Section 19. For the purpose of incorporating the amendment
1364	to section 316.193, Florida Statutes, in references thereto,
1365	subsection (19) of section 322.2616, Florida Statutes, is
1366	reenacted to read:
1367	322.2616 Suspension of license; persons under 21 years of
1368	age; right to review.--
1369	(19) A violation of this section is neither a traffic
1370	infraction nor a criminal offense, nor does being detained
1371	pursuant to this section constitute an arrest. A violation of
1372	this section is subject to the administrative action provisions
1373	of this section, which are administered by the department
1374	through its administrative processes. Administrative actions
1375	taken pursuant to this section shall be recorded in the motor
1376	vehicle records maintained by the department. This section does
1377	not bar prosecution under s. 316.193. However, if the department
1378	suspends a person's license under s. 322.2615 for a violation of
1379	s. 316.193, it may not also suspend the person's license under
1380	this section for the same episode that was the basis for the
1381	suspension under s. 322.2615.
1382	Section 20. For the purpose of incorporating the amendment
1383	to section 316.193, Florida Statutes, in references thereto,
1384	paragraph (b) of subsection (1) of section 322.264, Florida
1385	Statutes, is reenacted to read:
1386	322.264 "Habitual traffic offender" defined.--A "habitual
1387	traffic offender" is any person whose record, as maintained by
1388	the Department of Highway Safety and Motor Vehicles, shows that
1389	such person has accumulated the specified number of convictions
1390	for offenses described in subsection (1) or subsection (2)
1391	within a 5-year period:
1392	(1) Three or more convictions of any one or more of the
1393	following offenses arising out of separate acts:
1394	(b) Any violation of s. 316.193, former s. 316.1931, or
1395	former s. 860.01;
1396
1397	Any violation of any federal law, any law of another state or
1398	country, or any valid ordinance of a municipality or county of
1399	another state similar to a statutory prohibition specified in
1400	subsection (1) or subsection (2) shall be counted as a violation
1401	of such prohibition. In computing the number of convictions, all
1402	convictions during the 5 years previous to July 1, 1972, will be
1403	used, provided at least one conviction occurs after that date.
1404	The fact that previous convictions may have resulted in
1405	suspension, revocation, or disqualification under another
1406	section does not exempt them from being used for suspension or
1407	revocation under this section as a habitual offender.
1408	Section 21. For the purpose of incorporating the amendment
1409	to section 316.193, Florida Statutes, in references thereto,
1410	paragraphs (a) and (c) of subsection (2) and subsection (4) of
1411	section 322.271, Florida Statutes, are reenacted to read:
1412	322.271 Authority to modify revocation, cancellation, or
1413	suspension order.--
1414	(2)(a) Upon such hearing, the person whose license has
1415	been suspended, canceled, or revoked may show that such
1416	suspension, cancellation, or revocation of his or her license
1417	causes a serious hardship and precludes the person's carrying
1418	out his or her normal business occupation, trade, or employment
1419	and that the use of the person's license in the normal course of
1420	his or her business is necessary to the proper support of the
1421	person or his or her family. Except as otherwise provided in
1422	this subsection, the department shall require proof of the
1423	successful completion of the applicable department-approved
1424	driver training course operating pursuant to s. 318.1451 or DUI
1425	program substance abuse education course and evaluation as
1426	provided in s. 316.193(5). Letters of recommendation from
1427	respected business persons in the community, law enforcement
1428	officers, or judicial officers may also be required to determine
1429	whether such person should be permitted to operate a motor
1430	vehicle on a restricted basis for business or employment use
1431	only and in determining whether such person can be trusted to so
1432	operate a motor vehicle. If a driver's license has been
1433	suspended under the point system or pursuant to s. 322.2615, the
1434	department shall require proof of enrollment in the applicable
1435	department-approved driver training course or licensed DUI
1436	program substance abuse education course, including evaluation
1437	and treatment, if referred, and may require letters of
1438	recommendation described in this subsection to determine if the
1439	driver should be reinstated on a restricted basis. If such
1440	person fails to complete the approved course within 90 days
1441	after reinstatement or subsequently fails to complete treatment,
1442	if applicable, the department shall cancel his or her driver's
1443	license until the course and treatment, if applicable, is
1444	successfully completed, notwithstanding the terms of the court
1445	order or any suspension or revocation of the driving privilege.
1446	The department may temporarily reinstate the driving privilege
1447	on a restricted basis upon verification from the DUI program
1448	that the offender has reentered and is currently participating
1449	in treatment and has completed the DUI education course and
1450	evaluation requirement. If the DUI program notifies the
1451	department of the second failure to complete treatment, the
1452	department shall reinstate the driving privilege only after
1453	notice of completion of treatment from the DUI program. The
1454	privilege of driving on a limited or restricted basis for
1455	business or employment use shall not be granted to a person who
1456	has been convicted of a violation of s. 316.193 until completion
1457	of the DUI program substance abuse education course and
1458	evaluations as provided in s. 316.193(5). Except as provided in
1459	paragraph (b), the privilege of driving on a limited or
1460	restricted basis for business or employment use shall not be
1461	granted to a person whose license is revoked pursuant to s.
1462	322.28 or suspended pursuant to s. 322.2615 and who has been
1463	convicted of a violation of s. 316.193 two or more times or
1464	whose license has been suspended two or more times for refusal
1465	to submit to a test pursuant to s. 322.2615 or former s.
1466	322.261.
1467	(c) For the purpose of this section, a previous conviction
1468	of driving under the influence, driving while intoxicated,
1469	driving with an unlawful blood-alcohol level, or any other
1470	similar alcohol-related or drug-related offense outside this
1471	state or a previous conviction of former s. 316.1931, former s.
1472	316.028, or former s. 860.01 shall be considered a previous
1473	conviction for violation of s. 316.193.
1474	(4) Notwithstanding the provisions of s. 322.28(2)(e), a
1475	person whose driving privilege has been permanently revoked
1476	because he or she has been convicted of DUI manslaughter in
1477	violation of s. 316.193 and has no prior convictions for DUI-
1478	related offenses may, upon the expiration of 5 years after the
1479	date of such revocation or the expiration of 5 years after the
1480	termination of any term of incarceration under s. 316.193 or
1481	former s. 316.1931, whichever date is later, petition the
1482	department for reinstatement of his or her driving privilege.
1483	(a) Within 30 days after the receipt of such a petition,
1484	the department shall afford the petitioner an opportunity for a
1485	hearing. At the hearing, the petitioner must demonstrate to the
1486	department that he or she:
1487	1. Has not been arrested for a drug-related offense during
1488	the 5 years preceding the filing of the petition;
1489	2. Has not driven a motor vehicle without a license for at
1490	least 5 years prior to the hearing;
1491	3. Has been drug-free for at least 5 years prior to the
1492	hearing; and
1493	4. Has completed a DUI program licensed by the department.
1494	(b) At such hearing, the department shall determine the
1495	petitioner's qualification, fitness, and need to drive. Upon
1496	such determination, the department may, in its discretion,
1497	reinstate the driver's license of the petitioner. Such
1498	reinstatement must be made subject to the following
1499	qualifications:
1500	1. The license must be restricted for employment purposes
1501	for not less than 1 year; and
1502	2. Such person must be supervised by a DUI program
1503	licensed by the department and report to the program for such
1504	supervision and education at least four times a year or
1505	additionally as required by the program for the remainder of the
1506	revocation period. Such supervision shall include evaluation,
1507	education, referral into treatment, and other activities
1508	required by the department.
1509	(c) Such person must assume the reasonable costs of
1510	supervision. If such person fails to comply with the required
1511	supervision, the program shall report the failure to the
1512	department, and the department shall cancel such person's
1513	driving privilege.
1514	(d) If, after reinstatement, such person is convicted of
1515	an offense for which mandatory revocation of his or her license
1516	is required, the department shall revoke his or her driving
1517	privilege.
1518	(e) The department shall adopt rules regulating the
1519	providing of services by DUI programs pursuant to this section.
1520	Section 22. For the purpose of incorporating the amendment
1521	to section 316.193, Florida Statutes, in references thereto,
1522	subsection (2) and paragraph (a) of subsection (4) of section
1523	322.28, Florida Statutes, are reenacted to read:
1524	322.28 Period of suspension or revocation.--
1525	(2) In a prosecution for a violation of s. 316.193 or
1526	former s. 316.1931, the following provisions apply:
1527	(a) Upon conviction of the driver, the court, along with
1528	imposing sentence, shall revoke the driver's license or driving
1529	privilege of the person so convicted, effective on the date of
1530	conviction, and shall prescribe the period of such revocation in
1531	accordance with the following provisions:
1532	1. Upon a first conviction for a violation of the
1533	provisions of s. 316.193, except a violation resulting in death,
1534	the driver's license or driving privilege shall be revoked for
1535	not less than 180 days or more than 1 year.
1536	2. Upon a second conviction for an offense that occurs
1537	within a period of 5 years after the date of a prior conviction
1538	for a violation of the provisions of s. 316.193 or former s.
1539	316.1931 or a combination of such sections, the driver's license
1540	or driving privilege shall be revoked for not less than 5 years.
1541	3. Upon a third conviction for an offense that occurs
1542	within a period of 10 years after the date of a prior conviction
1543	for the violation of the provisions of s. 316.193 or former s.
1544	316.1931 or a combination of such sections, the driver's license
1545	or driving privilege shall be revoked for not less than 10
1546	years.
1547
1548	For the purposes of this paragraph, a previous conviction
1549	outside this state for driving under the influence, driving
1550	while intoxicated, driving with an unlawful blood-alcohol level,
1551	or any other alcohol-related or drug-related traffic offense
1552	similar to the offense of driving under the influence as
1553	proscribed by s. 316.193 will be considered a previous
1554	conviction for violation of s. 316.193, and a conviction for
1555	violation of former s. 316.028, former s. 316.1931, or former s.
1556	860.01 is considered a conviction for violation of s. 316.193.
1557	(b) If the period of revocation was not specified by the
1558	court at the time of imposing sentence or within 30 days
1559	thereafter, and is not otherwise specified by law, the
1560	department shall forthwith revoke the driver's license or
1561	driving privilege for the maximum period applicable under
1562	paragraph (a) for a first conviction and for the minimum period
1563	applicable under paragraph (a) for any subsequent convictions.
1564	The driver may, within 30 days after such revocation by the
1565	department, petition the court for further hearing on the period
1566	of revocation, and the court may reopen the case and determine
1567	the period of revocation within the limits specified in
1568	paragraph (a).
1569	(c) The forfeiture of bail bond, not vacated within 20
1570	days, in any prosecution for the offense of driving while under
1571	the influence of alcoholic beverages, chemical substances, or
1572	controlled substances to the extent of depriving the defendant
1573	of his or her normal faculties shall be deemed equivalent to a
1574	conviction for the purposes of this paragraph, and the
1575	department shall forthwith revoke the defendant's driver's
1576	license or driving privilege for the maximum period applicable
1577	under paragraph (a) for a first conviction and for the minimum
1578	period applicable under paragraph (a) for a second or subsequent
1579	conviction; however, if the defendant is later convicted of the
1580	charge, the period of revocation imposed by the department for
1581	such conviction shall not exceed the difference between the
1582	applicable maximum for a first conviction or minimum for a
1583	second or subsequent conviction and the revocation period under
1584	this subsection that has actually elapsed; upon conviction of
1585	such charge, the court may impose revocation for a period of
1586	time as specified in paragraph (a). This paragraph does not
1587	apply if an appropriate motion contesting the forfeiture is
1588	filed within the 20-day period.
1589	(d) When any driver's license or driving privilege has
1590	been revoked pursuant to the provisions of this section, the
1591	department shall not grant a new license, except upon
1592	reexamination of the licensee after the expiration of the period
1593	of revocation so prescribed. However, the court may, in its
1594	sound discretion, issue an order of reinstatement on a form
1595	furnished by the department which the person may take to any
1596	driver's license examining office for reinstatement by the
1597	department pursuant to s. 322.282.
1598	(e) The court shall permanently revoke the driver's
1599	license or driving privilege of a person who has been convicted
1600	four times for violation of s. 316.193 or former s. 316.1931 or
1601	a combination of such sections. The court shall permanently
1602	revoke the driver's license or driving privilege of any person
1603	who has been convicted of DUI manslaughter in violation of s.
1604	316.193. If the court has not permanently revoked such driver's
1605	license or driving privilege within 30 days after imposing
1606	sentence, the department shall permanently revoke the driver's
1607	license or driving privilege pursuant to this paragraph. No
1608	driver's license or driving privilege may be issued or granted
1609	to any such person. This paragraph applies only if at least one
1610	of the convictions for violation of s. 316.193 or former s.
1611	316.1931 was for a violation that occurred after July 1, 1982.
1612	For the purposes of this paragraph, a conviction for violation
1613	of former s. 316.028, former s. 316.1931, or former s. 860.01 is
1614	also considered a conviction for violation of s. 316.193. Also,
1615	a conviction of driving under the influence, driving while
1616	intoxicated, driving with an unlawful blood-alcohol level, or
1617	any other similar alcohol-related or drug-related traffic
1618	offense outside this state is considered a conviction for the
1619	purposes of this paragraph.
1620	(4)(a) Upon a conviction for a violation of s.
1621	316.193(3)(c)2., involving serious bodily injury, a conviction
1622	of manslaughter resulting from the operation of a motor vehicle,
1623	or a conviction of vehicular homicide, the court shall revoke
1624	the driver's license of the person convicted for a minimum
1625	period of 3 years. If a conviction under s. 316.193(3)(c)2.,
1626	involving serious bodily injury, is also a subsequent conviction
1627	as described under paragraph (2)(a), the court shall revoke the
1628	driver's license or driving privilege of the person convicted
1629	for the period applicable as provided in paragraph (2)(a) or
1630	paragraph (2)(e).
1631	Section 23. For the purpose of incorporating the amendment
1632	to section 316.193, Florida Statutes, in references thereto,
1633	paragraph (a) of subsection (2) of section 322.282, Florida
1634	Statutes, is reenacted to read:
1635	322.282 Procedure when court revokes or suspends license
1636	or driving privilege and orders reinstatement.--When a court
1637	suspends or revokes a person's license or driving privilege and,
1638	in its discretion, orders reinstatement as provided by s.
1639	322.28(2)(d) or former s. 322.261(5):
1640	(2)(a) The court shall issue an order of reinstatement, on
1641	a form to be furnished by the department, which the person may
1642	take to any driver's license examining office. The department
1643	shall issue a temporary driver's permit to a licensee who
1644	presents the court's order of reinstatement, proof of completion
1645	of a department-approved driver training or substance abuse
1646	education course, and a written request for a hearing under s.
1647	322.271. The permit shall not be issued if a record check by the
1648	department shows that the person has previously been convicted
1649	for a violation of s. 316.193, former s. 316.1931, former s.
1650	316.028, former s. 860.01, or a previous conviction outside this
1651	state for driving under the influence, driving while
1652	intoxicated, driving with an unlawful blood-alcohol level, or
1653	any similar alcohol-related or drug-related traffic offense;
1654	that the person's driving privilege has been previously
1655	suspended for refusal to submit to a lawful test of breath,
1656	blood, or urine; or that the person is otherwise not entitled to
1657	issuance of a driver's license. This paragraph shall not be
1658	construed to prevent the reinstatement of a license or driving
1659	privilege that is presently suspended for driving with an
1660	unlawful blood-alcohol level or a refusal to submit to a breath,
1661	urine, or blood test and is also revoked for a conviction for a
1662	violation of s. 316.193 or former s. 316.1931, if the suspension
1663	and revocation arise out of the same incident.
1664	Section 24. For the purpose of incorporating the amendment
1665	to section 316.193, Florida Statutes, in references thereto,
1666	section 322.291, Florida Statutes, is reenacted to read:
1667	322.291 Driver improvement schools or DUI programs;
1668	required in certain suspension and revocation cases.--Except as
1669	provided in s. 322.03(2), any person:
1670	(1) Whose driving privilege has been revoked:
1671	(a) Upon conviction for:
1672	1. Driving, or being in actual physical control of, any
1673	vehicle while under the influence of alcoholic beverages, any
1674	chemical substance set forth in s. 877.111, or any substance
1675	controlled under chapter 893, in violation of s. 316.193;
1676	2. Driving with an unlawful blood- or breath-alcohol
1677	level;
1678	3. Manslaughter resulting from the operation of a motor
1679	vehicle;
1680	4. Failure to stop and render aid as required under the
1681	laws of this state in the event of a motor vehicle crash
1682	resulting in the death or personal injury of another;
1683	5. Reckless driving; or
1684	(b) As an habitual offender;
1685	(c) Upon direction of the court, if the court feels that
1686	the seriousness of the offense and the circumstances surrounding
1687	the conviction warrant the revocation of the licensee's driving
1688	privilege; or
1689	(2) Whose license was suspended under the point system,
1690	was suspended for driving with an unlawful blood-alcohol level
1691	of 0.10 percent or higher before January 1, 1994, was suspended
1692	for driving with an unlawful blood-alcohol level of 0.08 percent
1693	or higher after December 31, 1993, was suspended for a violation
1694	of s. 316.193(1), or was suspended for refusing to submit to a
1695	lawful breath, blood, or urine test as provided in s. 322.2615
1696
1697	shall, before the driving privilege may be reinstated, present
1698	to the department proof of enrollment in a department-approved
1699	advanced driver improvement course operating pursuant to s.
1700	318.1451 or a substance abuse education course conducted by a
1701	DUI program licensed pursuant to s. 322.292, which shall include
1702	a psychosocial evaluation and treatment, if referred. If the
1703	person fails to complete such course or evaluation within 90
1704	days after reinstatement, or subsequently fails to complete
1705	treatment, if referred, the DUI program shall notify the
1706	department of the failure. Upon receipt of the notice, the
1707	department shall cancel the offender's driving privilege,
1708	notwithstanding the expiration of the suspension or revocation
1709	of the driving privilege. The department may temporarily
1710	reinstate the driving privilege upon verification from the DUI
1711	program that the offender has completed the education course and
1712	evaluation requirement and has reentered and is currently
1713	participating in treatment. If the DUI program notifies the
1714	department of the second failure to complete treatment, the
1715	department shall reinstate the driving privilege only after
1716	notice of completion of treatment from the DUI program.
1717	Section 25. For the purpose of incorporating the amendment
1718	to section 316.193, Florida Statutes, in references thereto,
1719	paragraph (a) of subsection (9) of section 322.34, Florida
1720	Statutes, is reenacted to read:
1721	322.34 Driving while license suspended, revoked, canceled,
1722	or disqualified.--
1723	(9)(a) A motor vehicle that is driven by a person under
1724	the influence of alcohol or drugs in violation of s. 316.193 is
1725	subject to seizure and forfeiture under ss. 932.701-932.707 and
1726	is subject to liens for recovering, towing, or storing vehicles
1727	under s. 713.78 if, at the time of the offense, the person's
1728	driver's license is suspended, revoked, or canceled as a result
1729	of a prior conviction for driving under the influence.
1730	Section 26. For the purpose of incorporating the amendment
1731	to section 316.193, Florida Statutes, in references thereto,
1732	section 322.44, Florida Statutes, is reenacted to read:
1733	322.44 Driver License Compact.--The Driver License Compact
1734	is hereby enacted into law and entered into with all other
1735	jurisdictions legally joining therein in the form substantially
1736	as follows:
1737
1738	ARTICLE I
1739
1740	FINDINGS AND DECLARATION OF POLICY.--
1741	(1) The party states find that:
1742	(a) The safety of their streets and highways is materially
1743	affected by the degree of compliance with state laws and local
1744	ordinances relating to the operation of motor vehicles;
1745	(b) Violation of such a law or ordinance is evidence that
1746	the violator engages in conduct which is likely to endanger the
1747	safety of persons and property;
1748	(c) The continuance in force of a license to drive is
1749	predicated upon compliance with laws and ordinances relating to
1750	the operation of motor vehicles, in whichever jurisdiction the
1751	vehicle is operated.
1752	(2) It is the policy of each of the party states to:
1753	(a) Promote compliance with the laws, ordinances, and
1754	administrative rules and regulations relating to the operation
1755	of motor vehicles by their operators in each of the
1756	jurisdictions where such operators drive motor vehicles;
1757	(b) Make the reciprocal recognition of licenses to drive
1758	and eligibility therefor more just and equitable by considering
1759	the overall compliance with motor vehicle laws, ordinances, and
1760	administrative rules and regulations as a condition precedent to
1761	the continuance or issuance of any license by reason of which
1762	the licensee is authorized or permitted to operate a motor
1763	vehicle in any of the party states.
1764
1765	ARTICLE II
1766
1767	DEFINITIONS.--As used in this compact:
1768	(1) "State" means a state, territory or possession of the
1769	United States, the District of Columbia, or the Commonwealth of
1770	Puerto Rico.
1771	(2) "Home state" means the state which has issued and has
1772	the power to suspend or revoke the use of the license or permit
1773	to operate a motor vehicle.
1774	(3) "Conviction" means a conviction of any offense related
1775	to the use or operation of a motor vehicle which is prohibited
1776	by state law, municipal ordinance, or administrative rule or
1777	regulation, or a forfeiture of bail, bond, or other security
1778	deposited to secure appearance by a person charged with having
1779	committed any such offense, and which conviction or forfeiture
1780	is required to be reported to the licensing authority.
1781
1782	ARTICLE III
1783
1784	REPORTS OF CONVICTION.--The licensing authority of a party
1785	state shall report each conviction of a person from another
1786	party state occurring within its jurisdiction to the licensing
1787	authority of the home state of the licensee. Such report shall
1788	clearly identify the person convicted; describe the violation
1789	specifying the section of the statute, code, or ordinance
1790	violated; identify the court in which action was taken; indicate
1791	whether a plea of guilty or not guilty was entered or the
1792	conviction was a result of the forfeiture of bail, bond, or
1793	other security; and shall include any special findings made in
1794	connection therewith.
1795
1796	ARTICLE IV
1797
1798	EFFECT OF CONVICTION.--
1799	(1) The licensing authority in the home state, for the
1800	purposes of suspension, revocation, or limitation of the license
1801	to operate a motor vehicle, shall give the same effect to the
1802	conduct reported, pursuant to article III, as it would if such
1803	conduct had occurred in the home state, in the case of
1804	convictions for:
1805	(a) Manslaughter or negligent homicide resulting from the
1806	operation of a motor vehicle, as provided by ss. 316.193 and
1807	322.26;
1808	(b) Driving a motor vehicle while under the influence of
1809	alcoholic beverages or a narcotic drug, or under the influence
1810	of any other drug to a degree which renders the driver incapable
1811	of safely driving a motor vehicle, as provided by s. 316.193;
1812	(c) Any felony in the commission of which a motor vehicle
1813	is used, as provided by s. 322.26; or
1814	(d) Failure to stop and render aid in the event of a motor
1815	vehicle crash resulting in the death or personal injury of
1816	another, as provided by s. 322.26.
1817	(2) As to other convictions, reported pursuant to article
1818	III, the licensing authority in the home state shall give such
1819	effect to the conduct as is provided by the laws of the home
1820	state.
1821
1822	ARTICLE V
1823
1824	APPLICATIONS FOR NEW LICENSES.--Upon application for a
1825	license to drive, the licensing authority in a party state shall
1826	ascertain whether the applicant has ever held, or is the holder
1827	of, a license to drive issued by any other party state. The
1828	licensing authority in the state where application is made shall
1829	not issue a license to drive to the applicant if:
1830	(1) The applicant has held such a license, but the same
1831	has been suspended by reason, in whole or in part, of a
1832	violation and if such suspension period has not terminated.
1833	(2) The applicant has held such a license, but the same
1834	has been revoked by reason, in whole or in part, of a violation
1835	and if such revocation has not terminated, except that after the
1836	expiration of 1 year from the date the license was revoked, such
1837	person may make application for a new license if permitted by
1838	law. The licensing authority may refuse to issue a license to
1839	any such applicant if, after investigation, the licensing
1840	authority determines that it will not be safe to grant to such
1841	person the privilege of driving a motor vehicle on the public
1842	highways.
1843	(3) The applicant is the holder of a license to drive
1844	issued by another party state and currently in force unless the
1845	applicant surrenders such license.
1846
1847	ARTICLE VI
1848
1849	APPLICABILITY OF OTHER LAWS.--Except as expressly required
1850	by provisions of this compact, nothing contained herein shall be
1851	construed to affect the right of any party state to apply any of
1852	its other laws relating to licenses to drive to any person or
1853	circumstance, nor to invalidate or prevent any driver license
1854	agreement or other cooperative arrangement between a party state
1855	and a nonparty state.
1856
1857	ARTICLE VII
1858
1859	COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION.--
1860	(1) The head of the licensing authority of each party
1861	state shall be the administrator of this compact for his or her
1862	state. The administrators, acting jointly, shall have the power
1863	to formulate all necessary and proper procedures for the
1864	exchange of information under this compact.
1865	(2) The administrator of each party state shall furnish to
1866	the administrator of each other party state any information or
1867	documents reasonably necessary to facilitate the administration
1868	of this compact.
1869
1870	ARTICLE VIII
1871
1872	ENTRY INTO FORCE AND WITHDRAWAL.--
1873	(1) This compact shall enter into force and become
1874	effective as to any state when it has enacted the same into law.
1875	(2) Any party state may withdraw from this compact by
1876	enacting a statute repealing the same, but no such withdrawal
1877	shall take effect until 6 months after the executive head of the
1878	withdrawing state has given notice of the withdrawal to the
1879	executive heads of all other party states. No withdrawal shall
1880	affect the validity or applicability by the licensing
1881	authorities of states remaining party to the compact of any
1882	report of conviction occurring prior to the withdrawal.
1883
1884	ARTICLE IX
1885
1886	CONSTRUCTION AND SEVERABILITY.--This compact shall be
1887	liberally construed so as to effectuate the purposes thereof.
1888	The provisions of this compact shall be severable; and if any
1889	phrase, clause, sentence, or provision of this compact is
1890	declared to be contrary to the constitution of any party state
1891	or of the United States or the applicability thereof to any
1892	government, agency, person, or circumstance is held invalid, the
1893	validity of the remainder of this compact and the applicability
1894	thereof to any government, agency, person, or circumstance shall
1895	not be affected thereby. If this compact shall be held contrary
1896	to the constitution of any state party thereto, the compact
1897	shall remain in full force and effect as to the remaining states
1898	and in full force and effect as to the state affected as to all
1899	severable matters.
1900	Section 27. For the purpose of incorporating the amendment
1901	to section 316.193, Florida Statutes, in references thereto,
1902	paragraph (d) of subsection (2) and subsection (6) of section
1903	322.63, Florida Statutes, are reenacted to read:
1904	322.63 Alcohol or drug testing; commercial motor vehicle
1905	operators.--
1906	(2) The chemical and physical tests authorized by this
1907	section shall only be required if a law enforcement officer has
1908	reasonable cause to believe that a person driving a commercial
1909	motor vehicle has any alcohol, chemical substance, or controlled
1910	substance in his or her body.
1911	(d) The administration of one test under paragraph (a),
1912	paragraph (b), or paragraph (c) shall not preclude the
1913	administration of a different test under paragraph (a),
1914	paragraph (b), or paragraph (c). However, a urine test may not
1915	be used to determine alcohol concentration and a breath test may
1916	not be used to determine the presence of controlled substances
1917	or chemical substances in a person's body. Notwithstanding the
1918	provisions of this paragraph, in the event a Florida licensee
1919	has been convicted in another state for an offense substantially
1920	similar to s. 316.193 or to s. 322.62, which conviction was
1921	based upon evidence of test results prohibited by this
1922	paragraph, that out-of-state conviction shall constitute a
1923	conviction for the purposes of this chapter.
1924	(6) Notwithstanding any provision of law pertaining to the
1925	confidentiality of hospital records or other medical records,
1926	information relating to the alcohol content of a person's blood
1927	or the presence of chemical substances or controlled substances
1928	in a person's blood obtained pursuant to this section shall be
1929	released to a court, prosecuting attorney, defense attorney, or
1930	law enforcement officer in connection with an alleged violation
1931	of s. 316.193 or s. 322.62 upon request for such information.
1932	Section 28. For the purpose of incorporating the amendment
1933	to section 316.193, Florida Statutes, in references thereto,
1934	section 322.64, Florida Statutes, is reenacted to read:
1935	322.64 Holder of commercial driver's license; driving with
1936	unlawful blood-alcohol level; refusal to submit to breath,
1937	urine, or blood test.--
1938	(1)(a) A law enforcement officer or correctional officer
1939	shall, on behalf of the department, disqualify from operating
1940	any commercial motor vehicle a person who while operating or in
1941	actual physical control of a commercial motor vehicle is
1942	arrested for a violation of s. 316.193, relating to unlawful
1943	blood-alcohol level or breath-alcohol level, or a person who has
1944	refused to submit to a breath, urine, or blood test authorized
1945	by s. 322.63 arising out of the operation or actual physical
1946	control of a commercial motor vehicle. Upon disqualification of
1947	the person, the officer shall take the person's driver's license
1948	and issue the person a 10-day temporary permit if the person is
1949	otherwise eligible for the driving privilege and shall issue the
1950	person a notice of disqualification. If the person has been
1951	given a blood, breath, or urine test, the results of which are
1952	not available to the officer at the time of the arrest, the
1953	agency employing the officer shall transmit such results to the
1954	department within 5 days after receipt of the results. If the
1955	department then determines that the person was arrested for a
1956	violation of s. 316.193 and that the person had a blood-alcohol
1957	level or breath-alcohol level of 0.08 or higher, the department
1958	shall disqualify the person from operating a commercial motor
1959	vehicle pursuant to subsection (3).
1960	(b) The disqualification under paragraph (a) shall be
1961	pursuant to, and the notice of disqualification shall inform the
1962	driver of, the following:
1963	1.a. The driver refused to submit to a lawful breath,
1964	blood, or urine test and he or she is disqualified from
1965	operating a commercial motor vehicle for a period of 1 year, for
1966	a first refusal, or permanently, if he or she has previously
1967	been disqualified as a result of a refusal to submit to such a
1968	test; or
1969	b. The driver violated s. 316.193 by driving with an
1970	unlawful blood-alcohol level and he or she is disqualified from
1971	operating a commercial motor vehicle for a period of 6 months
1972	for a first offense or for a period of 1 year if he or she has
1973	previously been disqualified, or his or her driving privilege
1974	has been previously suspended, for a violation of s. 316.193.
1975	2. The disqualification period shall commence on the date
1976	of arrest or issuance of notice of disqualification, whichever
1977	is later.
1978	3. The driver may request a formal or informal review of
1979	the disqualification by the department within 10 days after the
1980	date of arrest or issuance of notice of disqualification,
1981	whichever is later.
1982	4. The temporary permit issued at the time of arrest or
1983	disqualification will expire at midnight of the 10th day
1984	following the date of disqualification.
1985	5. The driver may submit to the department any materials
1986	relevant to the arrest.
1987	(2) Except as provided in paragraph (1)(a), the law
1988	enforcement officer shall forward to the department, within 5
1989	days after the date of the arrest or the issuance of the notice
1990	of disqualification, whichever is later, a copy of the notice of
1991	disqualification, the driver's license of the person arrested,
1992	and a report of the arrest, including, if applicable, an
1993	affidavit stating the officer's grounds for belief that the
1994	person arrested was in violation of s. 316.193; the results of
1995	any breath or blood test or an affidavit stating that a breath,
1996	blood, or urine test was requested by a law enforcement officer
1997	or correctional officer and that the person arrested refused to
1998	submit; a copy of the citation issued to the person arrested;
1999	and the officer's description of the person's field sobriety
2000	test, if any. The failure of the officer to submit materials
2001	within the 5-day period specified in this subsection or
2002	subsection (1) shall not affect the department's ability to
2003	consider any evidence submitted at or prior to the hearing. The
2004	officer may also submit a copy of a videotape of the field
2005	sobriety test or the attempt to administer such test.
2006	(3) If the department determines that the person arrested
2007	should be disqualified from operating a commercial motor vehicle
2008	pursuant to this section and if the notice of disqualification
2009	has not already been served upon the person by a law enforcement
2010	officer or correctional officer as provided in subsection (1),
2011	the department shall issue a notice of disqualification and,
2012	unless the notice is mailed pursuant to s. 322.251, a temporary
2013	permit which expires 10 days after the date of issuance if the
2014	driver is otherwise eligible.
2015	(4) If the person arrested requests an informal review
2016	pursuant to subparagraph (1)(b)3., the department shall conduct
2017	the informal review by a hearing officer employed by the
2018	department. Such informal review hearing shall consist solely of
2019	an examination by the department of the materials submitted by a
2020	law enforcement officer or correctional officer and by the
2021	person arrested, and the presence of an officer or witness is
2022	not required.
2023	(5) After completion of the informal review, notice of the
2024	department's decision sustaining, amending, or invalidating the
2025	disqualification must be provided to the person. Such notice
2026	must be mailed to the person at the last known address shown on
2027	the department's records, and to the address provided in the law
2028	enforcement officer's report if such address differs from the
2029	address of record, within 21 days after the expiration of the
2030	temporary permit issued pursuant to subsection (1) or subsection
2031	(3).
2032	(6)(a) If the person arrested requests a formal review,
2033	the department must schedule a hearing to be held within 30 days
2034	after such request is received by the department and must notify
2035	the person of the date, time, and place of the hearing.
2036	(b) Such formal review hearing shall be held before a
2037	hearing officer employed by the department, and the hearing
2038	officer shall be authorized to administer oaths, examine
2039	witnesses and take testimony, receive relevant evidence, issue
2040	subpoenas, regulate the course and conduct of the hearing, and
2041	make a ruling on the disqualification. The department and the
2042	person arrested may subpoena witnesses, and the party requesting
2043	the presence of a witness shall be responsible for the payment
2044	of any witness fees. If the person who requests a formal review
2045	hearing fails to appear and the hearing officer finds such
2046	failure to be without just cause, the right to a formal hearing
2047	is waived and the department shall conduct an informal review of
2048	the disqualification under subsection (4).
2049	(c) A party may seek enforcement of a subpoena under
2050	paragraph (b) by filing a petition for enforcement in the
2051	circuit court of the judicial circuit in which the person
2052	failing to comply with the subpoena resides. A failure to comply
2053	with an order of the court shall result in a finding of contempt
2054	of court. However, a person shall not be in contempt while a
2055	subpoena is being challenged.
2056	(d) The department must, within 7 days after a formal
2057	review hearing, send notice to the person of the hearing
2058	officer's decision as to whether sufficient cause exists to
2059	sustain, amend, or invalidate the disqualification.
2060	(7) In a formal review hearing under subsection (6) or an
2061	informal review hearing under subsection (4), the hearing
2062	officer shall determine by a preponderance of the evidence
2063	whether sufficient cause exists to sustain, amend, or invalidate
2064	the disqualification. The scope of the review shall be limited
2065	to the following issues:
2066	(a) If the person was disqualified from operating a
2067	commercial motor vehicle for driving with an unlawful blood-
2068	alcohol level in violation of s. 316.193:
2069	1. Whether the arresting law enforcement officer had
2070	probable cause to believe that the person was driving or in
2071	actual physical control of a commercial motor vehicle in this
2072	state while he or she had any alcohol, chemical substances, or
2073	controlled substances in his or her body.
2074	2. Whether the person was placed under lawful arrest for a
2075	violation of s. 316.193.
2076	3. Whether the person had an unlawful blood-alcohol level
2077	as provided in s. 316.193.
2078	(b) If the person was disqualified from operating a
2079	commercial motor vehicle for refusal to submit to a breath,
2080	blood, or urine test:
2081	1. Whether the law enforcement officer had probable cause
2082	to believe that the person was driving or in actual physical
2083	control of a commercial motor vehicle in this state while he or
2084	she had any alcohol, chemical substances, or controlled
2085	substances in his or her body.
2086	2. Whether the person refused to submit to the test after
2087	being requested to do so by a law enforcement officer or
2088	correctional officer.
2089	3. Whether the person was told that if he or she refused
2090	to submit to such test he or she would be disqualified from
2091	operating a commercial motor vehicle for a period of 1 year or,
2092	in the case of a second refusal, permanently.
2093	(8) Based on the determination of the hearing officer
2094	pursuant to subsection (7) for both informal hearings under
2095	subsection (4) and formal hearings under subsection (6), the
2096	department shall:
2097	(a) Sustain the disqualification for a period of 1 year
2098	for a first refusal, or permanently if such person has been
2099	previously disqualified from operating a commercial motor
2100	vehicle as a result of a refusal to submit to such tests. The
2101	disqualification period commences on the date of the arrest or
2102	issuance of the notice of disqualification, whichever is later.
2103	(b) Sustain the disqualification for a period of 6 months
2104	for a violation of s. 316.193 or for a period of 1 year if the
2105	person has been previously disqualified from operating a
2106	commercial motor vehicle or his or her driving privilege has
2107	been previously suspended as a result of a violation of s.
2108	316.193. The disqualification period commences on the date of
2109	the arrest or issuance of the notice of disqualification,
2110	whichever is later.
2111	(9) A request for a formal review hearing or an informal
2112	review hearing shall not stay the disqualification. If the
2113	department fails to schedule the formal review hearing to be
2114	held within 30 days after receipt of the request therefor, the
2115	department shall invalidate the disqualification. If the
2116	scheduled hearing is continued at the department's initiative,
2117	the department shall issue a temporary driving permit which
2118	shall be valid until the hearing is conducted if the person is
2119	otherwise eligible for the driving privilege. Such permit shall
2120	not be issued to a person who sought and obtained a continuance
2121	of the hearing. The permit issued under this subsection shall
2122	authorize driving for business or employment use only.
2123	(10) A person who is disqualified from operating a
2124	commercial motor vehicle under subsection (1) or subsection (3)
2125	is eligible for issuance of a license for business or employment
2126	purposes only under s. 322.271 if the person is otherwise
2127	eligible for the driving privilege. However, such business or
2128	employment purposes license shall not authorize the driver to
2129	operate a commercial motor vehicle.
2130	(11) The formal review hearing may be conducted upon a
2131	review of the reports of a law enforcement officer or a
2132	correctional officer, including documents relating to the
2133	administration of a breath test or blood test or the refusal to
2134	take either test. However, as provided in subsection (6), the
2135	driver may subpoena the officer or any person who administered
2136	or analyzed a breath or blood test.
2137	(12) The formal review hearing and the informal review
2138	hearing are exempt from the provisions of chapter 120. The
2139	department is authorized to adopt rules for the conduct of
2140	reviews under this section.
2141	(13) A person may appeal any decision of the department
2142	sustaining the disqualification from operating a commercial
2143	motor vehicle by a petition for writ of certiorari to the
2144	circuit court in the county wherein such person resides or
2145	wherein a formal or informal review was conducted pursuant to s.
2146	322.31. However, an appeal shall not stay the disqualification.
2147	This subsection shall not be construed to provide for a de novo
2148	appeal.
2149	(14) The decision of the department under this section
2150	shall not be considered in any trial for a violation of s.
2151	316.193, s. 322.61, or s. 322.62, nor shall any written
2152	statement submitted by a person in his or her request for
2153	departmental review under this section be admissible into
2154	evidence against him or her in any such trial. The disposition
2155	of any related criminal proceedings shall not affect a
2156	disqualification imposed pursuant to this section.
2157	(15) This section does not preclude the suspension of the
2158	driving privilege pursuant to s. 322.2615. The driving privilege
2159	of a person who has been disqualified from operating a
2160	commercial motor vehicle also may be suspended for a violation
2161	of s. 316.193.
2162	Section 29. For the purpose of incorporating the amendment
2163	to section 316.193, Florida Statutes, in references thereto,
2164	paragraph (d) of subsection (1) of section 493.6106, Florida
2165	Statutes, is reenacted to read:
2166	493.6106 License requirements; posting.--
2167	(1) Each individual licensed by the department must:
2168	(d) Not be a chronic and habitual user of alcoholic
2169	beverages to the extent that her or his normal faculties are
2170	impaired; not have been committed under chapter 397, former
2171	chapter 396, or a similar law in any other state; not have been
2172	found to be a habitual offender under s. 856.011(3) or a similar
2173	law in any other state; and not have had two or more convictions
2174	under s. 316.193 or a similar law in any other state within the
2175	3-year period immediately preceding the date the application was
2176	filed, unless the individual establishes that she or he is not
2177	currently impaired and has successfully completed a
2178	rehabilitation course.
2179	Section 30. For the purpose of incorporating the amendment
2180	to section 316.193, Florida Statutes, in references thereto,
2181	subsection (4) of section 627.758, Florida Statutes, is
2182	reenacted to read:
2183	627.758 Surety on auto club traffic arrest bond;
2184	conditions, limit; bail bond.--
2185	(4) Notwithstanding the provisions of s. 626.311 or
2186	chapter 648, any surety insurer identified in a guaranteed
2187	traffic arrest bond certificate or any licensed general lines
2188	agent of the surety insurer may execute a bail bond for the
2189	automobile club or association member identified in the
2190	guaranteed traffic arrest bond certificate in an amount not in
2191	excess of $5,000 for any violation of chapter 316 or any similar
2192	traffic law or ordinance except for driving under the influence
2193	of alcoholic beverages, chemical substances, or controlled
2194	substances, as prohibited by s. 316.193.
2195	Section 31. For the purpose of incorporating the amendment
2196	to section 316.193, Florida Statutes, in references thereto,
2197	paragraph (f) of subsection (2) and paragraph (f) of subsection
2198	(10) of section 790.06, Florida Statutes, are reenacted to read:
2199	790.06 License to carry concealed weapon or firearm.--
2200	(2) The Department of Agriculture and Consumer Services
2201	shall issue a license if the applicant:
2202	(f) Does not chronically and habitually use alcoholic
2203	beverages or other substances to the extent that his or her
2204	normal faculties are impaired. It shall be presumed that an
2205	applicant chronically and habitually uses alcoholic beverages or
2206	other substances to the extent that his or her normal faculties
2207	are impaired if the applicant has been committed under chapter
2208	397 or under the provisions of former chapter 396 or has been
2209	convicted under s. 790.151 or has been deemed a habitual
2210	offender under s. 856.011(3), or has had two or more convictions
2211	under s. 316.193 or similar laws of any other state, within the
2212	3-year period immediately preceding the date on which the
2213	application is submitted;
2214	(10) A license issued under this section shall be
2215	suspended or revoked pursuant to chapter 120 if the licensee:
2216	(f) Is convicted of a second violation of s. 316.193, or a
2217	similar law of another state, within 3 years of a previous
2218	conviction of such section, or similar law of another state,
2219	even though the first violation may have occurred prior to the
2220	date on which the application was submitted;
2221	Section 32. For the purpose of incorporating the amendment
2222	to section 316.193, Florida Statutes, in references thereto,
2223	subsection (2) of section 903.36, Florida Statutes, is reenacted
2224	to read:
2225	903.36 Guaranteed arrest bond certificates as cash bail.--
2226	(2) The execution of a bail bond by a licensed general
2227	lines agent of a surety insurer for the automobile club or
2228	association member identified in the guaranteed traffic arrest
2229	bond certificate, as provided in s. 627.758(4), shall be
2230	accepted as bail in an amount not to exceed $5,000 for the
2231	appearance of the person named in the certificate in any court
2232	to answer for the violation of a provision of chapter 316 or a
2233	similar traffic law or ordinance, except driving under the
2234	influence of alcoholic beverages, chemical substances, or
2235	controlled substances, as prohibited by s. 316.193. Presentation
2236	of the guaranteed traffic arrest bond certificate and a power of
2237	attorney from the surety insurer for its licensed general lines
2238	agents is authorization for such agent to execute the bail bond.
2239	Section 33. For the purpose of incorporating the amendment
2240	to section 316.193, Florida Statutes, in references thereto,
2241	paragraph (c) of subsection (4) of section 907.041, Florida
2242	Statutes, is reenacted to read:
2243	907.041 Pretrial detention and release.--
2244	(4) PRETRIAL DETENTION.--
2245	(c) The court may order pretrial detention if it finds a
2246	substantial probability, based on a defendant's past and present
2247	patterns of behavior, the criteria in s. 903.046, and any other
2248	relevant facts, that any of the following circumstances exists:
2249	1. The defendant has previously violated conditions of
2250	release and that no further conditions of release are reasonably
2251	likely to assure the defendant's appearance at subsequent
2252	proceedings;
2253	2. The defendant, with the intent to obstruct the judicial
2254	process, has threatened, intimidated, or injured any victim,
2255	potential witness, juror, or judicial officer, or has attempted
2256	or conspired to do so, and that no condition of release will
2257	reasonably prevent the obstruction of the judicial process;
2258	3. The defendant is charged with trafficking in controlled
2259	substances as defined by s. 893.135, that there is a substantial
2260	probability that the defendant has committed the offense, and
2261	that no conditions of release will reasonably assure the
2262	defendant's appearance at subsequent criminal proceedings; or
2263	4. The defendant is charged with DUI manslaughter, as
2264	defined by s. 316.193, and that there is a substantial
2265	probability that the defendant committed the crime and that the
2266	defendant poses a threat of harm to the community; conditions
2267	that would support a finding by the court pursuant to this
2268	subparagraph that the defendant poses a threat of harm to the
2269	community include, but are not limited to, any of the following:
2270	a. The defendant has previously been convicted of any
2271	crime under s. 316.193, or of any crime in any other state or
2272	territory of the United States that is substantially similar to
2273	any crime under s. 316.193;
2274	b. The defendant was driving with a suspended driver's
2275	license when the charged crime was committed; or
2276	c. The defendant has previously been found guilty of, or
2277	has had adjudication of guilt withheld for, driving while the
2278	defendant's driver's license was suspended or revoked in
2279	violation of s. 322.34;
2280	5. The defendant poses the threat of harm to the
2281	community. The court may so conclude, if it finds that the
2282	defendant is presently charged with a dangerous crime, that
2283	there is a substantial probability that the defendant committed
2284	such crime, that the factual circumstances of the crime indicate
2285	a disregard for the safety of the community, and that there are
2286	no conditions of release reasonably sufficient to protect the
2287	community from the risk of physical harm to persons.
2288	6. The defendant was on probation, parole, or other
2289	release pending completion of sentence or on pretrial release
2290	for a dangerous crime at the time the current offense was
2291	committed; or
2292	7. The defendant has violated one or more conditions of
2293	pretrial release or bond for the offense currently before the
2294	court and the violation, in the discretion of the court,
2295	supports a finding that no conditions of release can reasonably
2296	protect the community from risk of physical harm to persons or
2297	assure the presence of the accused at trial.
2298	Section 34. For the purpose of incorporating the amendment
2299	to section 316.193, Florida Statutes, in references thereto,
2300	section 938.21, Florida Statutes, is reenacted to read:
2301	938.21 Alcohol and drug abuse programs.--Notwithstanding
2302	any provision to the contrary of the laws of this state, the
2303	court may assess for alcohol and other drug abuse programs as
2304	provided in s. 893.165 any defendant who pleads guilty or nolo
2305	contendere to, or is convicted of, a violation of any provision
2306	of chapter 893 or which involves a criminal violation of s.
2307	316.193, s. 856.011, s. 856.015, or chapter 562, chapter 567, or
2308	chapter 568, in addition to any fine and other penalty provided
2309	by law, a court cost in an amount up to the amount of the fine
2310	authorized for the violation. The court is authorized to order a
2311	defendant to pay an additional assessment if it finds that the
2312	defendant has the ability to pay the fine and the additional
2313	assessment and will not be prevented thereby from being
2314	rehabilitated or from making restitution.
2315	Section 35. For the purpose of incorporating the amendment
2316	to section 316.193, Florida Statutes, in references thereto,
2317	subsection (1) of section 938.23, Florida Statutes, is reenacted
2318	to read:
2319	938.23 Assistance grants for alcohol and other drug abuse
2320	programs.--
2321	(1) In addition to any fine imposed by law for any
2322	criminal offense under chapter 893 or for any criminal violation
2323	of s. 316.193, s. 856.011, s. 856.015, or chapter 562, chapter
2324	567, or chapter 568, the court shall be authorized, pursuant to
2325	the requirements of s. 938.21, to impose an additional
2326	assessment in an amount up to the amount of the fine authorized
2327	for the offense. Such additional assessments shall be deposited
2328	for the purpose of providing assistance grants to drug abuse
2329	treatment or alcohol treatment or education programs as provided
2330	in s. 893.165.
2331	Section 36. For the purpose of incorporating the amendment
2332	to section 316.193, Florida Statutes, in references thereto,
2333	paragraph (d) of subsection (2) of section 943.05, Florida
2334	Statutes, is reenacted to read:
2335	943.05 Criminal Justice Information Program; duties; crime
2336	reports.--
2337	(2) The program shall:
2338	(d) Adopt rules to effectively and efficiently implement,
2339	administer, manage, maintain, and use the automated fingerprint
2340	identification system and uniform offense reports and arrest
2341	reports. The rules shall be considered minimum requirements and
2342	shall not preclude a criminal justice agency from implementing
2343	its own enhancements. However, rules and forms prescribing
2344	uniform arrest or probable cause affidavits and alcohol
2345	influence reports to be used by all law enforcement agencies in
2346	making DUI arrests under s. 316.193 shall be adopted, and shall
2347	be used by all law enforcement agencies in this state. The rules
2348	and forms prescribing such uniform affidavits and reports shall
2349	be adopted and implemented by July 1, 2004. Failure to use these
2350	uniform affidavits and reports, however, shall not prohibit
2351	prosecution under s. 316.193.
2352	Section 37. For the purpose of incorporating the amendment
2353	to section 316.193, Florida Statutes, in references thereto,
2354	paragraph (b) of subsection (3) of section 960.03, Florida
2355	Statutes, is reenacted to read:
2356	960.03 Definitions; ss. 960.01-960.28.--As used in ss.
2357	960.01-960.28, unless the context otherwise requires, the term:
2358	(3) "Crime" means:
2359	(b) A violation of s. 316.193, s. 316.027(1), s.
2360	327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results in
2361	physical injury or death; however, no other act involving the
2362	operation of a motor vehicle, boat, or aircraft which results in
2363	injury or death shall constitute a crime for the purpose of this
2364	chapter unless the injury or death was intentionally inflicted
2365	through the use of such vehicle, boat, or aircraft or unless
2366	such vehicle, boat, or aircraft is an implement of a crime to
2367	which this act applies.
2368	Section 38. For the purpose of incorporating the amendment
2369	to section 327.35, Florida Statutes, in references thereto,
2370	subsection (3) of section 327.352, Florida Statutes, is
2371	reenacted to read:
2372	327.352 Breath, blood, and urine tests for alcohol,
2373	chemical substances, or controlled substances; implied consent;
2374	refusal.--
2375	(3) Notwithstanding any provision of law pertaining to the
2376	confidentiality of hospital records or other medical records,
2377	information relating to the alcoholic content of the blood or
2378	breath or the presence of chemical substances or controlled
2379	substances in the blood obtained pursuant to this section shall
2380	be released to a court, prosecuting attorney, defense attorney,
2381	or law enforcement officer in connection with an alleged
2382	violation of s. 327.35 upon request for such information.
2383	Section 39. For the purpose of incorporating the amendment
2384	to section 327.35, Florida Statutes, in references thereto,
2385	section 327.35215, Florida Statutes, is reenacted to read:
2386	327.35215 Penalty for failure to submit to test.--
2387	(1) A person who is lawfully arrested for an alleged
2388	violation of s. 327.35 and who refuses to submit to a blood
2389	test, breath test, or urine test pursuant to s. 327.352 is
2390	subject to a civil penalty of $500.
2391	(2) When a person refuses to submit to a blood test,
2392	breath test, or urine test pursuant to s. 327.352, a law
2393	enforcement officer who is authorized to make arrests for
2394	violations of this chapter shall file with the clerk of the
2395	court, on a form provided by the department, a certified
2396	statement that probable cause existed to arrest the person for a
2397	violation of s. 327.35 and that the person refused to submit to
2398	a test as required by s. 327.352. Along with the statement, the
2399	officer must also submit a sworn statement on a form provided by
2400	the department that the person has been advised of both the
2401	penalties for failure to submit to the blood, breath, or urine
2402	test and the procedure for requesting a hearing.
2403	(3) A person who has been advised of the penalties
2404	pursuant to subsection (2) may, within 30 days afterwards,
2405	request a hearing before a county court judge. A request for a
2406	hearing tolls the period for payment of the civil penalty, and,
2407	if assessment of the civil penalty is sustained by the hearing
2408	and any subsequent judicial review, the civil penalty must be
2409	paid within 30 days after final disposition. The clerk of the
2410	court shall notify the department of the final disposition of
2411	all actions filed under this section.
2412	(4) It is unlawful for any person who has not paid a civil
2413	penalty imposed pursuant to this section, or who has not
2414	requested a hearing with respect to the civil penalty, within 30
2415	calendar days after receipt of notice of the civil penalty to
2416	operate a vessel upon the waters of this state. Violation of
2417	this subsection is a misdemeanor of the first degree, punishable
2418	as provided in s. 775.082 or s. 775.083.
2419	(5) Moneys collected by the clerk of the court pursuant to
2420	this section shall be disposed of in the following manner:
2421	(a) If the arresting officer was employed or appointed by
2422	a state law enforcement agency except as a wildlife enforcement
2423	officer or a freshwater fisheries enforcement officer of the
2424	Fish and Wildlife Conservation Commission, the moneys shall be
2425	deposited into the Marine Resources Conservation Trust Fund.
2426	(b) If the arresting officer was employed or appointed by
2427	a county or municipal law enforcement agency, the moneys shall
2428	be deposited into the law enforcement trust fund of that agency.
2429	(c) If the arresting officer was employed or appointed by
2430	the Fish and Wildlife Conservation Commission as a wildlife
2431	enforcement officer or a freshwater fisheries enforcement
2432	officer, the money shall be deposited into the State Game Trust
2433	Fund.
2434	Section 40. For the purpose of incorporating the amendment
2435	to section 327.35, Florida Statutes, in references thereto,
2436	subsection (4) of section 327.353, Florida Statutes, is
2437	reenacted to read:
2438	327.353 Blood test for impairment or intoxication in cases
2439	of death or serious bodily injury; right to use reasonable
2440	force.--
2441	(4) Notwithstanding any provision of law pertaining to the
2442	confidentiality of hospital records or other medical records,
2443	information relating to the alcoholic content of the blood or
2444	the presence of chemical substances or controlled substances in
2445	the blood obtained pursuant to this section shall be released to
2446	a court, prosecuting attorney, defense attorney, or law
2447	enforcement officer in connection with an alleged violation of
2448	s. 327.35 upon request for such information.
2449	Section 41. For the purpose of incorporating the amendment
2450	to section 327.35, Florida Statutes, in references thereto,
2451	section 327.354, Florida Statutes, is reenacted to read:
2452	327.354 Presumption of impairment; testing methods.--
2453	(1) It is unlawful and punishable as provided in s. 327.35
2454	for any person who is under the influence of alcoholic beverages
2455	or controlled substances, when affected to the extent that the
2456	person's normal faculties are impaired or to the extent that the
2457	person is deprived of full possession of normal faculties, to
2458	operate any vessel within this state. Such normal faculties
2459	include, but are not limited to, the ability to see, hear, walk,
2460	talk, judge distances, drive an automobile, make judgments, act
2461	in emergencies, and, in general, normally perform the many
2462	mental and physical acts of daily life.
2463	(2) At the trial of any civil or criminal action or
2464	proceeding arising out of acts alleged to have been committed by
2465	any person while operating a vessel while under the influence of
2466	alcoholic beverages or controlled substances, when affected to
2467	the extent that the person's normal faculties were impaired or
2468	to the extent that he or she was deprived of full possession of
2469	his or her normal faculties, the results of any test
2470	administered in accordance with s. 327.352 or s. 327.353 and
2471	this section are admissible into evidence when otherwise
2472	admissible, and the amount of alcohol in the person's blood or
2473	breath at the time alleged, as shown by chemical analysis of the
2474	person's blood, or by chemical or physical test of the person's
2475	breath, gives rise to the following presumptions:
2476	(a) If there was at that time a blood-alcohol level or
2477	breath-alcohol level of 0.05 or less, it is presumed that the
2478	person was not under the influence of alcoholic beverages to the
2479	extent that his or her normal faculties were impaired.
2480	(b) If there was at that time a blood-alcohol level or
2481	breath-alcohol level in excess of 0.05 but less than 0.08, that
2482	fact does not give rise to any presumption that the person was
2483	or was not under the influence of alcoholic beverages to the
2484	extent that his or her normal faculties were impaired but may be
2485	considered with other competent evidence in determining whether
2486	the person was under the influence of alcoholic beverages to the
2487	extent that his or her normal faculties were impaired.
2488	(c) If there was at that time a blood-alcohol level or
2489	breath-alcohol level of 0.08 or higher, that fact is prima facie
2490	evidence that the person was under the influence of alcoholic
2491	beverages to the extent that his or her normal faculties were
2492	impaired. Any person who operates a vessel and who has a blood-
2493	alcohol level or breath-alcohol level of 0.08 or higher is
2494	guilty of operating a vessel with an unlawful blood-alcohol
2495	level or breath-alcohol level.
2496
2497	The presumptions provided in this subsection do not limit the
2498	introduction of any other competent evidence bearing upon the
2499	question of whether the person was under the influence of
2500	alcoholic beverages to the extent that his or her normal
2501	faculties were impaired.
2502	(3) A chemical analysis of a person's blood to determine
2503	alcoholic content or a chemical or physical test of a person's
2504	breath, in order to be considered valid under this section, must
2505	have been performed substantially in accordance with methods
2506	approved by the Department of Law Enforcement and by an
2507	individual possessing a valid permit issued by the department
2508	for this purpose. Insubstantial differences between approved
2509	techniques and actual testing procedures or insubstantial
2510	defects concerning the permit issued by the department, in any
2511	individual case, do not render the test or test results invalid.
2512	The Department of Law Enforcement may approve satisfactory
2513	techniques or methods, ascertain the qualifications and
2514	competence of individuals to conduct such analyses, and issue
2515	permits subject to termination or revocation in accordance with
2516	rules adopted by the department.
2517	(4) Any person charged with a violation of s. 327.35 is
2518	entitled to trial by jury according to the Florida Rules of
2519	Criminal Procedure.
2520	(5) An affidavit containing the results of any test of a
2521	person's blood or breath to determine its alcohol content, as
2522	authorized by s. 327.352 or s. 327.353, is admissible in
2523	evidence under the exception to the hearsay rule in s. 90.803(8)
2524	for public records and reports. The affidavit is admissible
2525	without further authentication and is presumptive proof of the
2526	results of an authorized test to determine alcohol content of
2527	the blood or breath if the affidavit discloses:
2528	(a) The type of test administered and the procedures
2529	followed;
2530	(b) The time of the collection of the blood or breath
2531	sample analyzed;
2532	(c) The numerical results of the test indicating the
2533	alcohol content of the blood or breath;
2534	(d) The type and status of any permit issued by the
2535	Department of Law Enforcement which was held by the person who
2536	performed the test; and
2537	(e) If the test was administered by means of a breath
2538	testing instrument, the date of performance of the most recent
2539	required maintenance on such instrument.
2540
2541	The Department of Law Enforcement shall provide a form for the
2542	affidavit. Admissibility of the affidavit does not abrogate the
2543	right of the person tested to subpoena the person who
2544	administered the test for examination as an adverse witness at a
2545	civil or criminal trial or other proceeding.
2546	Section 42. For the purpose of incorporating the amendment
2547	to section 327.35, Florida Statutes, in references thereto,
2548	subsection (4) of section 327.355, Florida Statutes, is
2549	reenacted to read:
2550	327.355 Operation of vessels by persons under 21 years of
2551	age who have consumed alcoholic beverages.--
2552	(4) A violation of this section is a noncriminal
2553	infraction, and being detained pursuant to this section does not
2554	constitute an arrest. This section does not bar prosecution
2555	under s. 327.35, and the penalties provided herein shall be
2556	imposed in addition to any other penalty provided for boating
2557	under the influence or for refusal to submit to testing.
2558	Section 43. For the purpose of incorporating the amendment
2559	to section 327.35, Florida Statutes, in references thereto,
2560	subsection (2) of section 327.359, Florida Statutes, is
2561	reenacted to read:
2562	327.359 Refusal to submit to testing; penalties.--Any
2563	person who has refused to submit to a chemical or physical test
2564	of his or her breath, blood, or urine, as described in s.
2565	327.352, and who has been previously fined for refusal to submit
2566	to a lawful test of his or her breath, urine, or blood, and:
2567	(2) Who was placed under lawful arrest for a violation of
2568	s. 327.35 unless such test was requested pursuant to s.
2569	327.352(1)(c);
2570
2571	commits a misdemeanor of the first degree and is subject to
2572	punishment as provided in s. 775.082 or s. 775.083.
2573	Section 44. For the purpose of incorporating the amendment
2574	to section 327.35, Florida Statutes, in references thereto,
2575	section 327.36, Florida Statutes, is reenacted to read:
2576	327.36 Mandatory adjudication; prohibition against
2577	accepting plea to lesser included offense.--
2578	(1) Notwithstanding the provisions of s. 948.01, no court
2579	may suspend, defer, or withhold adjudication of guilt or
2580	imposition of sentence for any violation of s. 327.35, for
2581	manslaughter resulting from the operation of a vessel, or for
2582	vessel homicide.
2583	(2)(a) No trial judge may accept a plea of guilty to a
2584	lesser offense from a person who is charged with a violation of
2585	s. 327.35, manslaughter resulting from the operation of a
2586	vessel, or vessel homicide and who has been given a breath or
2587	blood test to determine blood or breath alcohol content, the
2588	results of which show a blood-alcohol level or breath-alcohol
2589	level of 0.16 or more.
2590	(b) A trial judge may not accept a plea of guilty to a
2591	lesser offense from a person charged with a felony violation of
2592	s. 327.35, manslaughter resulting from the operation of a
2593	vessel, or vessel homicide.
2594	Section 45. This act shall take effect upon becoming a
2595	law.