Senate Bill sb1192
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Florida Senate - 2004 SB 1192
By Senator Wise
5-847A-04
1 A bill to be entitled
2 An act relating to drivers' licenses; amending
3 s. 322.2615, F.S.; providing that the
4 disposition of a related criminal proceeding
5 may not affect a suspension of a driver's
6 license for refusal to submit to blood, breath,
7 or urine testing; directing the Department of
8 Highway Safety and Motor Vehicles to invalidate
9 a suspension for driving with an unlawful
10 blood-alcohol level or breath-alcohol level if
11 the suspended person is found not guilty at
12 trial of the underlying violation of law;
13 amending s. 322.025, F.S; authorizing the
14 department to offer a once-in-a-lifetime
15 opportunity to attend a basic driver
16 improvement course for drivers who meet certain
17 criteria; requiring the department to deduct
18 points from a driver's record upon proof of
19 completion of the basic driver improvement
20 course; requiring the department to record on
21 the driver's record that the offer of the
22 improvement course has been accepted and used;
23 amending s. 318.1451, F.S.; conforming
24 provisions to changes made by the act;
25 providing an effective date.
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27 Be It Enacted by the Legislature of the State of Florida:
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29 Section 1. Subsection (14) of section 322.2615,
30 Florida Statutes, is amended, and subsection (16) is added to
31 that section, to read:
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Florida Senate - 2004 SB 1192
5-847A-04
1 322.2615 Suspension of license; right to review.--
2 (14)(a) The decision of the department under this
3 section may shall not be considered in any trial for a
4 violation of s. 316.193, and a nor shall any written statement
5 submitted by a person in his or her request for departmental
6 review under this section may not be admitted admissible into
7 evidence against him or her in any such trial.
8 (b) The disposition of any related criminal
9 proceedings does shall not affect a suspension for refusal to
10 submit to a blood, breath, or urine test, authorized by s.
11 316.1932 or s. 316.1933, imposed under pursuant to this
12 section.
13 (16) The department shall invalidate a suspension for
14 driving with an unlawful blood-alcohol level or breath-alcohol
15 level imposed under this section if the suspended person is
16 found not guilty at trial of an underlying violation of s.
17 316.193.
18 Section 2. Section 322.025, Florida Statutes, is
19 amended to read:
20 322.025 Driver improvement.--
21 (1) The department may implement programs to improve
22 the driving ability of the drivers of this state. Such
23 programs may include, but are shall not be limited to, safety
24 awareness campaigns, driver training, and licensing
25 improvement. Motorcycle driver improvement programs
26 implemented under pursuant to this section or s. 322.0255
27 shall be funded by the motorcycle safety education fee
28 collected under pursuant to s. 320.08(1)(c), which shall be
29 deposited in the Highway Safety Operating Trust Fund of the
30 department and appropriated for that purpose.
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Florida Senate - 2004 SB 1192
5-847A-04
1 (2) The department may offer once during a driver's
2 lifetime to each driver who receives a points-warning letter
3 under s. 322.27(3)(f) or a restriction letter under s.
4 322.161, the opportunity to attend a basic driver improvement
5 course approved by the department. If the driver completes an
6 approved course and presents proof of completion to the
7 department, the department shall deduct three points from the
8 citation that caused the action from the driver's record and
9 permanently record on the driver's record that the one-time
10 offer has been accepted and used.
11 Section 3. Subsection (4) of section 318.1451, Florida
12 Statutes, is amended to read:
13 318.1451 Driver improvement schools.--
14 (4) In addition to a regular course fee, an assessment
15 fee in the amount of $2.50 shall be collected by the school
16 from each person who elects to attend a course, as it relates
17 to ss. 318.14(9), 322.025(2), 322.0261, 322.291, and
18 627.06501, which shall be remitted to the Department of
19 Highway Safety and Motor Vehicles and deposited in the Highway
20 Safety Operating Trust Fund to administer this program and to
21 fund the general operations of the department.
22 Section 4. This act shall take effect July 1, 2004.
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Florida Senate - 2004 SB 1192
5-847A-04
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2 SENATE SUMMARY
3 Provides that the disposition of a related criminal
proceeding may not affect a suspension of a driver's
4 license for refusing to submit to blood, breath, or urine
testing. Directs the Department of Highway Safety and
5 Motor Vehicles to invalidate a suspension for driving
with an unlawful blood-alcohol level or breath-alcohol
6 level if the suspended person is found not guilty at the
trial of the underlying violation of law. Authorizes the
7 department to offer a once-in-a-lifetime opportunity to
attend a basic driver improvement course for drivers who
8 meet certain criteria. Requires the department to deduct
points from a driver's record upon proof of completion of
9 the basic driver improvement course. Requires the
department to record completion of the course on the
10 driver's record.
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