HB 0397

1	A bill to be entitled
2	An act relating to driving or boating under the influence;
3	amending s. 316.193, F.S.; revising level of alcohol
4	content in blood or breath at which certain penalties
5	shall apply for the offense of driving under the
6	influence; amending s. 316.656, F.S.; revising level of
7	alcohol content in blood or breath at which the
8	prohibition against accepting plea to lesser offense shall
9	apply; amending s. 327.35, F.S.; revising level of alcohol
10	content in blood or breath at which certain penalties
11	shall apply for the offense of boating under the
12	influence; reenacting ss. 142.01(1), 316.066(3)(a),
13	316.072(4)(b), 316.1932(3), 316.1933(4), 316.1934(1) and
14	(4), 316.1937(1) and (2)(d), 316.1939(1)(b), 318.143(4)
15	and (5), 318.17(3), 322.03(2), 322.0602(2)(a), 322.21(8),
16	322.25(5), 322.26(1)(a), 322.2615(1), (2), (7), (8)(b),
17	(10)(b), and (14), 322.2616(1)(a), (15), and (19),
18	322.264(1)(b), 322.271(2)(a), (2)(c), and (4), 322.28(2),
19	322.282(2)(a), 322.291(1)(a), 322.34(9)(a), 322.44,
20	322.62(3), 322.63(2)(d) and (6), 322.64(1), (2), (7)(a),
21	(8)(b), (14), and (15), 323.001(4)(f), 327.35(6),
22	397.405(10), 440.02(17)(c), 440.09(7)(b), 493.6106(1)(d),
23	627.758(4), 790.06(2)(f) and (10)(f), 903.36(2),
24	907.041(4)(c), 938.07, 938.21, 938.23(1), 943.05(2)(d),
25	948.036(2), and 960.03(3)(b), F.S., relating to fine and
26	forfeiture funds, written reports of crashes, obedience to
27	and effect of traffic laws, tests for alcohol, chemical
28	substances, or controlled substances, blood test for
29	impairment or intoxication in cases of death or serious
30	bodily injury, presumption of impairment, ignition
31	interlock devices, refusal to submit to testing,
32	infractions by minors, disposition of traffic infractions,
33	driver license requirements, the Youthful Drunk Driver
34	Visitation Program, license fees, reports of convictions
35	and temporary reinstatement of driving privileges,
36	revocation of license, suspension of license and right to
37	review, habitual traffic offenders, authority to modify
38	revocation, cancellation, or suspension order, period of
39	suspension or revocation, procedure when court revokes or
40	suspends license or driving privilege and orders
41	reinstatement, driver improvement schools or DUI programs,
42	driving while license suspended, revoked, canceled, or
43	disqualified, Driver License Compact, commercial motor
44	vehicle operators driving under the influence and testing,
45	holder of commercial driver license driving with unlawful
46	blood-alcohol level, refusal to submit to test, wrecker
47	operator storage facilities, boating under the influence,
48	DUI education and screening services, sentence of a court
49	to perform community services, workers' compensation
50	coverage, private investigative agency license
51	requirements, surety on traffic arrest bond, license to
52	carry concealed weapon or firearm, guaranteed arrest bond
53	certificates, pretrial detention and release, court costs,
54	alcohol and drug abuse programs, assistance grants for
55	alcohol and other drug abuse programs, the Criminal
56	Justice Information Program, work programs as a condition
57	of community supervision, and the Florida Crimes
58	Compensation Act; incorporating the amendment to s.
59	316.193, F.S., in references thereto; reenacting ss.
60	142.01(1), 327.352(3), 327.35215(1) and (2), 327.353(4),
61	327.354(1) and (4), 327.355(1)(a) and (4), 327.359(2),
62	327.36, and 938.07, F.S., relating to fine and forfeiture
63	funds, tests for alcohol or chemical substances or
64	controlled substances, penalty for failure to submit to
65	test, blood test for impairment or intoxication in cases
66	of death or serious bodily injury, presumption of
67	impairment, operation of vessels by persons under 21 years
68	of age who have consumed alcoholic beverages, refusal to
69	submit to testing, mandatory adjudication, and court
70	costs; incorporating the amendment to s. 327.35, F.S., in
71	references thereto; providing an effective date.
72
73	Be It Enacted by the Legislature of the State of Florida:
74
75	Section 1.  Subsection (4) of section 316.193, Florida
76	Statutes, is amended to read:
77	316.193  Driving under the influence; penalties.--
78	(4)(a)  Any person who is convicted of a violation of
79	subsection (1) and who has a blood-alcohol level or breath-
80	alcohol level of 0.16 0.20 or higher, or any person who is
81	convicted of a violation of subsection (1) and who at the time
82	of the offense was accompanied in the vehicle by a person under
83	the age of 18 years, shall be punished:
84	1.(a)  By a fine of:
85	a.1.  Not less than $500 or more than $1,000 for a first
86	conviction.
87	b.2.  Not less than $1,000 or more than $2,000 for a second
88	conviction.
89	c.3.  Not less than $2,000 for a third or subsequent
90	conviction.
91	2.(b)  By imprisonment for:
92	a.1.  Not more than 9 months for a first conviction.
93	b.2.  Not more than 12 months for a second conviction.
94
95	For the purposes of this subsection, only the instant offense is
96	required to be a violation of subsection (1) by a person who has
97	a blood-alcohol level or breath-alcohol level of 0.20 or higher.
98	(b)(c)  In addition to the penalties in paragraph
99	paragraphs (a) and (b), the court shall order the mandatory
100	placement, at the convicted person's sole expense, of an
101	ignition interlock device approved by the department in
102	accordance with s. 316.1938 upon all vehicles that are
103	individually or jointly leased or owned and routinely operated
104	by the convicted person for up to 6 months for the first offense
105	and for at least 2 years for a second offense, when the
106	convicted person qualifies for a permanent or restricted
107	license. The installation of such device may not occur before
108	July 1, 2003.
109
110	For the purposes of this subsection, only the instant offense is
111	required to be a violation of subsection (1) by a person who has
112	a blood-alcohol level or breath-alcohol level of 0.16 or higher.
113	Section 2.  Section 316.656, Florida Statutes, is amended
114	to read:
115	316.656  Mandatory adjudication; prohibition against
116	accepting plea to lesser included offense.--
117	(1)  Notwithstanding the provisions of s. 948.01, no court
118	may suspend, defer, or withhold adjudication of guilt or
119	imposition of sentence for any violation of s. 316.193, for
120	manslaughter resulting from the operation of a motor vehicle, or
121	for vehicular homicide.
122	(2)(a)  No trial judge may accept a plea of guilty to a
123	lesser offense from a person charged under the provisions of
124	this act who has been given a breath or blood test to determine
125	blood or breath alcohol content, the results of which show a
126	blood or breath alcohol content by weight of 0.16 0.20 percent
127	or more.
128	(b)  No trial judge may accept a plea of guilty to a lesser
129	offense from a person charged with a violation of s. 316.193(3),
130	manslaughter resulting from the operation of a motor vehicle, or
131	vehicular homicide.
132	Section 3.  Subsection (4) of section 327.35, Florida
133	Statutes, is amended to read:
134	327.35  Boating under the influence; penalties; "designated
135	drivers".--
136	(4)  Any person who is convicted of a violation of
137	subsection (1) and who has a blood-alcohol level or breath-
138	alcohol level of 0.16 0.20 or higher, or any person who is
139	convicted of a violation of subsection (1) and who at the time
140	of the offense was accompanied in the vessel by a person under
141	the age of 18 years, shall be punished:
142	(a)  By a fine of:
143	1.  Not less than $500 or more than $1,000 for a first
144	conviction.
145	2.  Not less than $1,000 or more than $2,000 for a second
146	conviction.
147	3.  Not less than $2,000 for a third or subsequent
148	conviction.
149	(b)  By imprisonment for:
150	1.  Not more than 9 months for a first conviction.
151	2.  Not more than 12 months for a second conviction.
152
153	For the purposes of this subsection, only the instant offense is
154	required to be a violation of subsection (1) by a person who has
155	a blood-alcohol level or breath-alcohol level of 0.16 0.20 or
156	higher.
157	Section 4.  For the purpose of incorporating the amendments
158	to sections 316.193 and 327.35, Florida Statutes, in references
159	thereto, subsection (1) of section 142.01, Florida Statutes, is
160	reenacted to read:
161	142.01  Fine and forfeiture fund; clerk of the circuit
162	court.--There shall be established by the clerk of the circuit
163	court in each county of this state a separate fund to be known
164	as the fine and forfeiture fund for use by the clerk of the
165	circuit court in performing court-related functions. The fund
166	shall consist of the following:
167	(1)  Fines and penalties pursuant to ss. 28.2402(2),
168	34.045(2), 316.193, 327.35, 327.72, 372.72(1), and 775.083(1).
169
170	Notwithstanding the provisions of this section, all fines and
171	forfeitures arising from operation of the provisions of s.
172	318.1215 shall be disbursed in accordance with that section.
173	Section 5.  For the purpose of incorporating the amendment
174	to section 316.193, Florida Statutes, in a reference thereto,
175	paragraph (a) of subsection (3) of section 316.066, Florida
176	Statutes, is reenacted to read:
177	316.066  Written reports of crashes.--
178	(3)(a)  Every law enforcement officer who in the regular
179	course of duty investigates a motor vehicle crash:
180	1.  Which crash resulted in death or personal injury shall,
181	within 10 days after completing the investigation, forward a
182	written report of the crash to the department or traffic records
183	center.
184	2.  Which crash involved a violation of s. 316.061(1) or s.
185	316.193 shall, within 10 days after completing the
186	investigation, forward a written report of the crash to the
187	department or traffic records center.
188	3.  In which crash a vehicle was rendered inoperative to a
189	degree which required a wrecker to remove it from traffic may,
190	within 10 days after completing the investigation, forward a
191	written report of the crash to the department or traffic records
192	center if such action is appropriate, in the officer's
193	discretion.
194
195	However, in every case in which a crash report is required by
196	this section and a written report to a law enforcement officer
197	is not prepared, the law enforcement officer shall provide each
198	party involved in the crash a short-form report, prescribed by
199	the state, to be completed by the party. The short-form report
200	must include, but is not limited to: the date, time, and
201	location of the crash; a description of the vehicles involved;
202	the names and addresses of the parties involved; the names and
203	addresses of witnesses; the name, badge number, and law
204	enforcement agency of the officer investigating the crash; and
205	the names of the insurance companies for the respective parties
206	involved in the crash. Each party to the crash shall provide the
207	law enforcement officer with proof of insurance to be included
208	in the crash report. If a law enforcement officer submits a
209	report on the accident, proof of insurance must be provided to
210	the officer by each party involved in the crash. Any party who
211	fails to provide the required information is guilty of an
212	infraction for a nonmoving violation, punishable as provided in
213	chapter 318 unless the officer determines that due to injuries
214	or other special circumstances such insurance information cannot
215	be provided immediately. If the person provides the law
216	enforcement agency, within 24 hours after the crash, proof of
217	insurance that was valid at the time of the crash, the law
218	enforcement agency may void the citation.
219	Section 6.  For the purpose of incorporating the amendment
220	to section 316.193, Florida Statutes, in a reference thereto,
221	paragraph (b) of subsection (4) of section 316.072, Florida
222	Statutes, is reenacted to read:
223	316.072  Obedience to and effect of traffic laws.--
224	(4)  PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
225	EXCEPTIONS.--
226	(b)  Unless specifically made applicable, the provisions of
227	this chapter, except those contained in ss. 316.192, 316.1925,
228	and 316.193, shall not apply to persons, teams, or motor
229	vehicles and other equipment while actually engaged in work upon
230	the surface of a highway, but shall apply to such persons and
231	vehicles when traveling to or from such work.
232	Section 7.  For the purpose of incorporating the amendment
233	to section 316.193, Florida Statutes, in a reference thereto,
234	subsection (3) of section 316.1932, Florida Statutes, is
235	reenacted to read:
236	316.1932  Tests for alcohol, chemical substances, or
237	controlled substances; implied consent; refusal.--
238	(3)  Notwithstanding any provision of law pertaining to the
239	confidentiality of hospital records or other medical records,
240	information relating to the alcoholic content of the blood or
241	breath or the presence of chemical substances or controlled
242	substances in the blood obtained pursuant to this section shall
243	be released to a court, prosecuting attorney, defense attorney,
244	or law enforcement officer in connection with an alleged
245	violation of s. 316.193 upon request for such information.
246	Section 8.  For the purpose of incorporating the amendment
247	to section 316.193, Florida Statutes, in a reference thereto,
248	subsection (4) of section 316.1933, Florida Statutes, is
249	reenacted to read:
250	316.1933  Blood test for impairment or intoxication in
251	cases of death or serious bodily injury; right to use reasonable
252	force.--
253	(4)  Notwithstanding any provision of law pertaining to the
254	confidentiality of hospital records or other medical records,
255	information relating to the alcoholic content of the blood or
256	the presence of chemical substances or controlled substances in
257	the blood obtained pursuant to this section shall be released to
258	a court, prosecuting attorney, defense attorney, or law
259	enforcement officer in connection with an alleged violation of
260	s. 316.193 upon request for such information.
261	Section 9.  For the purpose of incorporating the amendment
262	to section 316.193, Florida Statutes, in references thereto,
263	subsections (1) and (4) of section 316.1934, Florida Statutes,
264	are reenacted to read:
265	316.1934  Presumption of impairment; testing methods.--
266	(1)  It is unlawful and punishable as provided in chapter
267	322 and in s. 316.193 for any person who is under the influence
268	of alcoholic beverages or controlled substances, when affected
269	to the extent that the person's normal faculties are impaired or
270	to the extent that the person is deprived of full possession of
271	normal faculties, to drive or be in actual physical control of
272	any motor vehicle within this state. Such normal faculties
273	include, but are not limited to, the ability to see, hear, walk,
274	talk, judge distances, drive an automobile, make judgments, act
275	in emergencies, and, in general, normally perform the many
276	mental and physical acts of daily life.
277	(4)  Any person charged with a violation of s. 316.193,
278	whether in a municipality or not, is entitled to trial by jury
279	according to the Florida Rules of Criminal Procedure.
280	Section 10.  For the purpose of incorporating the amendment
281	to section 316.193, Florida Statutes, in references thereto,
282	subsection (1) and paragraph (d) of subsection (2) of section
283	316.1937, Florida Statutes, are reenacted to read:
284	316.1937  Ignition interlock devices, requiring; unlawful
285	acts.--
286	(1)  In addition to any other authorized penalties, the
287	court may require that any person who is convicted of driving
288	under the influence in violation of s. 316.193 shall not operate
289	a motor vehicle unless that vehicle is equipped with a
290	functioning ignition interlock device certified by the
291	department as provided in s. 316.1938, and installed in such a
292	manner that the vehicle will not start if the operator's blood
293	alcohol level is in excess of 0.05 percent or as otherwise
294	specified by the court. The court may require the use of an
295	approved ignition interlock device for a period of not less than
296	6 months, if the person is permitted to operate a motor vehicle,
297	whether or not the privilege to operate a motor vehicle is
298	restricted, as determined by the court. The court, however,
299	shall order placement of an ignition interlock device in those
300	circumstances required by s. 316.193.
301	(2)  If the court imposes the use of an ignition interlock
302	device, the court shall:
303	(d)  Determine the person's ability to pay for installation
304	of the device if the person claims inability to pay. If the
305	court determines that the person is unable to pay for
306	installation of the device, the court may order that any portion
307	of a fine paid by the person for a violation of s. 316.193 shall
308	be allocated to defray the costs of installing the device.
309	Section 11.  For the purpose of incorporating the amendment
310	to section 316.193, Florida Statutes, in a reference thereto,
311	paragraph (b) of subsection (1) of section 316.1939, Florida
312	Statutes, is reenacted to read:
313	316.1939  Refusal to submit to testing; penalties.--
314	(1)  Any person who has refused to submit to a chemical or
315	physical test of his or her breath, blood, or urine, as
316	described in s. 316.1932, and whose driving privilege was
317	previously suspended for a prior refusal to submit to a lawful
318	test of his or her breath, urine, or blood, and:
319	(b)  Who was placed under lawful arrest for a violation of
320	s. 316.193 unless such test was requested pursuant to s.
321	316.1932(1)(c);
322
323	commits a misdemeanor of the first degree and is subject to
324	punishment as provided in s. 775.082 or s. 775.083.
325	Section 12.  For the purpose of incorporating the amendment
326	to section 316.193, Florida Statutes, in references thereto,
327	subsections (4) and (5) of section 318.143, Florida Statutes,
328	are reenacted to read:
329	318.143  Sanctions for infractions by minors.--
330	(4)  For the first conviction for a violation of s.
331	316.193, the court may order the Department of Highway Safety
332	and Motor Vehicles to revoke the minor's driver's license until
333	the minor is 18 years of age. For a second or subsequent
334	conviction for such a violation, the court may order the
335	Department of Highway Safety and Motor Vehicles to revoke the
336	minor's driver's license until the minor is 21 years of age.
337	(5)  A minor who is arrested for a violation of s. 316.193
338	may be released from custody as soon as:
339	(a)  The minor is no longer under the influence of
340	alcoholic beverages, of any chemical substance set forth in s.
341	877.111, or of any substance controlled under chapter 893, and
342	is not affected to the extent that his or her normal faculties
343	are impaired;
344	(b)  The minor's blood-alcohol level is less than 0.05
345	percent; or
346	(c)  Six hours have elapsed after the minor's arrest.
347	Section 13.  For the purpose of incorporating the amendment
348	to section 316.193, Florida Statutes, in a reference thereto,
349	subsection (3) of section 318.17, Florida Statutes, is reenacted
350	to read:
351	318.17  Offenses excepted.--No provision of this chapter is
352	available to a person who is charged with any of the following
353	offenses:
354	(3)  Driving, or being in actual physical control of, any
355	vehicle while under the influence of alcoholic beverages, any
356	chemical substance set forth in s. 877.111, or any substance
357	controlled under chapter 893, in violation of s. 316.193, or
358	driving with an unlawful blood-alcohol level;
359	Section 14.  For the purpose of incorporating the amendment
360	to section 316.193, Florida Statutes, in references thereto,
361	subsection (2) of section 322.03, Florida Statutes, is reenacted
362	to read:
363	322.03  Drivers must be licensed; penalties.--
364	(2)  Prior to issuing a driver's license, the department
365	shall require any person who has been convicted two or more
366	times of a violation of s. 316.193 or of a substantially similar
367	alcohol-related or drug-related offense outside this state
368	within the preceding 5 years, or who has been convicted of three
369	or more such offenses within the preceding 10 years, to present
370	proof of successful completion of or enrollment in a department-
371	approved substance abuse education course. If the person fails
372	to complete such education course within 90 days after issuance,
373	the department shall cancel the license. Further, prior to
374	issuing the driver's license the department shall require such
375	person to present proof of financial responsibility as provided
376	in s. 324.031. For the purposes of this paragraph, a previous
377	conviction for violation of former s. 316.028, former s.
378	316.1931, or former s. 860.01 shall be considered a previous
379	conviction for violation of s. 316.193.
380	Section 15.  For the purpose of incorporating the amendment
381	to section 316.193, Florida Statutes, in a reference thereto,
382	paragraph (a) of subsection (2) of section 322.0602, Florida
383	Statutes, is reenacted to read:
384	322.0602  Youthful Drunk Driver Visitation Program.--
385	(2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR
386	PARTICIPATION.--
387	(a)  If a person is convicted of a violation of s. 316.193,
388	the court may order, as a term and condition of probation in
389	addition to any other term or condition required or authorized
390	by law, that the probationer participate in the Youthful Drunk
391	Driver Visitation Program.
392	Section 16.  For the purpose of incorporating the amendment
393	to section 316.193, Florida Statutes, in a reference thereto,
394	subsection (8) of section 322.21, Florida Statutes, is reenacted
395	to read:
396	322.21  License fees; procedure for handling and collecting
397	fees.--
398	(8)  Any person who applies for reinstatement following the
399	suspension or revocation of the person's driver's license shall
400	pay a service fee of $35 following a suspension, and $60
401	following a revocation, which is in addition to the fee for a
402	license. Any person who applies for reinstatement of a
403	commercial driver's license following the disqualification of
404	the person's privilege to operate a commercial motor vehicle
405	shall pay a service fee of $60, which is in addition to the fee
406	for a license. The department shall collect all of these fees at
407	the time of reinstatement. The department shall issue proper
408	receipts for such fees and shall promptly transmit all funds
409	received by it as follows:
410	(a)  Of the $35 fee received from a licensee for
411	reinstatement following a suspension, the department shall
412	deposit $15 in the General Revenue Fund and $20 in the Highway
413	Safety Operating Trust Fund.
414	(b)  Of the $60 fee received from a licensee for
415	reinstatement following a revocation or disqualification, the
416	department shall deposit $35 in the General Revenue Fund and $25
417	in the Highway Safety Operating Trust Fund.
418
419	If the revocation or suspension of the driver's license was for
420	a violation of s. 316.193, or for refusal to submit to a lawful
421	breath, blood, or urine test, an additional fee of $115 must be
422	charged. However, only one $115 fee may be collected from one
423	person convicted of violations arising out of the same incident.
424	The department shall collect the $115 fee and deposit the fee
425	into the Highway Safety Operating Trust Fund at the time of
426	reinstatement of the person's driver's license, but the fee may
427	not be collected if the suspension or revocation is overturned.
428	Section 17.  For the purpose of incorporating the amendment
429	to section 316.193, Florida Statutes, in a reference thereto,
430	subsection (5) of section 322.25, Florida Statutes, is reenacted
431	to read:
432	322.25  When court to forward license to department and
433	report convictions; temporary reinstatement of driving
434	privileges.--
435	(5)  For the purpose of this chapter, the entrance of a
436	plea of nolo contendere by the defendant to a charge of driving
437	while intoxicated, driving under the influence, driving with an
438	unlawful blood-alcohol level, or any other alcohol-related or
439	drug-related traffic offense similar to the offenses specified
440	in s. 316.193, accepted by the court and under which plea the
441	court has entered a fine or sentence, whether in this state or
442	any other state or country, shall be equivalent to a conviction.
443	Section 18.  For the purpose of incorporating the amendment
444	to section 316.193, Florida Statutes, in a reference thereto,
445	paragraph (a) of subsection (1) of section 322.26, Florida
446	Statutes, is reenacted to read:
447	322.26  Mandatory revocation of license by department.--The
448	department shall forthwith revoke the license or driving
449	privilege of any person upon receiving a record of such person's
450	conviction of any of the following offenses:
451	(1)(a)  Murder resulting from the operation of a motor
452	vehicle, DUI manslaughter where the conviction represents a
453	subsequent DUI-related conviction, or a fourth violation of s.
454	316.193 or former s. 316.1931. For such cases, the revocation of
455	the driver's license or driving privilege shall be permanent.
456	Section 19.  For the purpose of incorporating the amendment
457	to section 316.193, Florida Statutes, in references thereto,
458	subsections (1), (2), and (7), paragraph (b) of subsection (8),
459	paragraph (b) of subsection (10), and subsection (14) of section
460	322.2615, Florida Statutes, are reenacted to read:
461	322.2615  Suspension of license; right to review.--
462	(1)(a)  A law enforcement officer or correctional officer
463	shall, on behalf of the department, suspend the driving
464	privilege of a person who has been arrested by a law enforcement
465	officer for a violation of s. 316.193, relating to unlawful
466	blood-alcohol level or breath-alcohol level, or of a person who
467	has refused to submit to a breath, urine, or blood test
468	authorized by s. 316.1932. The officer shall take the person's
469	driver's license and issue the person a 10-day temporary permit
470	if the person is otherwise eligible for the driving privilege
471	and shall issue the person a notice of suspension. If a blood
472	test has been administered, the results of which are not
473	available to the officer at the time of the arrest, the agency
474	employing the officer shall transmit such results to the
475	department within 5 days after receipt of the results. If the
476	department then determines that the person was arrested for a
477	violation of s. 316.193 and that the person had a blood-alcohol
478	level or breath-alcohol level of 0.08 or higher, the department
479	shall suspend the person's driver's license pursuant to
480	subsection (3).
481	(b)  The suspension under paragraph (a) shall be pursuant
482	to, and the notice of suspension shall inform the driver of, the
483	following:
484	1.a.  The driver refused to submit to a lawful breath,
485	blood, or urine test and his or her driving privilege is
486	suspended for a period of 1 year for a first refusal or for a
487	period of 18 months if his or her driving privilege has been
488	previously suspended as a result of a refusal to submit to such
489	a test; or
490	b.  The driver violated s. 316.193 by driving with an
491	unlawful blood-alcohol level as provided in that section and his
492	or her driving privilege is suspended for a period of 6 months
493	for a first offense or for a period of 1 year if his or her
494	driving privilege has been previously suspended for a violation
495	of s. 316.193.
496	2.  The suspension period shall commence on the date of
497	arrest or issuance of the notice of suspension, whichever is
498	later.
499	3.  The driver may request a formal or informal review of
500	the suspension by the department within 10 days after the date
501	of arrest or issuance of the notice of suspension, whichever is
502	later.
503	4.  The temporary permit issued at the time of arrest will
504	expire at midnight of the 10th day following the date of arrest
505	or issuance of the notice of suspension, whichever is later.
506	5.  The driver may submit to the department any materials
507	relevant to the arrest.
508	(2)  Except as provided in paragraph (1)(a), the law
509	enforcement officer shall forward to the department, within 5
510	days after the date of the arrest, a copy of the notice of
511	suspension, the driver's license of the person arrested, and a
512	report of the arrest, including an affidavit stating the
513	officer's grounds for belief that the person arrested was in
514	violation of s. 316.193; the results of any breath or blood test
515	or an affidavit stating that a breath, blood, or urine test was
516	requested by a law enforcement officer or correctional officer
517	and that the person arrested refused to submit; a copy of the
518	citation issued to the person arrested; and the officer's
519	description of the person's field sobriety test, if any. The
520	failure of the officer to submit materials within the 5-day
521	period specified in this subsection and in subsection (1) shall
522	not affect the department's ability to consider any evidence
523	submitted at or prior to the hearing. The officer may also
524	submit a copy of a videotape of the field sobriety test or the
525	attempt to administer such test.
526	(7)  In a formal review hearing under subsection (6) or an
527	informal review hearing under subsection (4), the hearing
528	officer shall determine by a preponderance of the evidence
529	whether sufficient cause exists to sustain, amend, or invalidate
530	the suspension. The scope of the review shall be limited to the
531	following issues:
532	(a)  If the license was suspended for driving with an
533	unlawful blood-alcohol level in violation of s. 316.193:
534	1.  Whether the arresting law enforcement officer had
535	probable cause to believe that the person was driving or in
536	actual physical control of a motor vehicle in this state while
537	under the influence of alcoholic beverages or controlled
538	substances.
539	2.  Whether the person was placed under lawful arrest for a
540	violation of s. 316.193.
541	3.  Whether the person had an unlawful blood-alcohol level
542	as provided in s. 316.193.
543	(b)  If the license was suspended for refusal to submit to
544	a breath, blood, or urine test:
545	1.  Whether the arresting law enforcement officer had
546	probable cause to believe that the person was driving or in
547	actual physical control of a motor vehicle in this state while
548	under the influence of alcoholic beverages or controlled
549	substances.
550	2.  Whether the person was placed under lawful arrest for a
551	violation of s. 316.193.
552	3.  Whether the person refused to submit to any such test
553	after being requested to do so by a law enforcement officer or
554	correctional officer.
555	4.  Whether the person was told that if he or she refused
556	to submit to such test his or her privilege to operate a motor
557	vehicle would be suspended for a period of 1 year or, in the
558	case of a second or subsequent refusal, for a period of 18
559	months.
560	(8)  Based on the determination of the hearing officer
561	pursuant to subsection (7) for both informal hearings under
562	subsection (4) and formal hearings under subsection (6), the
563	department shall:
564	(b)  Sustain the suspension of the person's driving
565	privilege for a period of 6 months for a violation of s.
566	316.193, or for a period of 1 year if the driving privilege of
567	such person has been previously suspended as a result of a
568	violation of s. 316.193. The suspension period commences on the
569	date of the arrest or issuance of the notice of suspension,
570	whichever is later.
571	(10)  A person whose driver's license is suspended under
572	subsection (1) or subsection (3) may apply for issuance of a
573	license for business or employment purposes only if the person
574	is otherwise eligible for the driving privilege pursuant to s.
575	322.271.
576	(b)  If the suspension of the driver's license of the
577	person arrested for a violation of s. 316.193, relating to
578	unlawful blood-alcohol level, is sustained, the person is not
579	eligible to receive a license for business or employment
580	purposes only pursuant to s. 322.271 until 30 days have elapsed
581	after the expiration of the last temporary permit issued. If the
582	driver is not issued a 10-day permit pursuant to this section or
583	s. 322.64 because he or she is ineligible for the permit and the
584	suspension for a violation of s. 316.193, relating to unlawful
585	blood-alcohol level, is not invalidated by the department, the
586	driver is not eligible to receive a business or employment
587	license pursuant to s. 322.271 until 30 days have elapsed from
588	the date of the arrest.
589	(14)  The decision of the department under this section
590	shall not be considered in any trial for a violation of s.
591	316.193, nor shall any written statement submitted by a person
592	in his or her request for departmental review under this section
593	be admissible into evidence against him or her in any such
594	trial. The disposition of any related criminal proceedings shall
595	not affect a suspension imposed pursuant to this section.
596	Section 20.  For the purpose of incorporating the amendment
597	to section 316.193, Florida Statutes, in references thereto,
598	paragraph (a) of subsection (1) and subsections (15) and (19) of
599	section 322.2616, Florida Statutes, are reenacted to read:
600	322.2616  Suspension of license; persons under 21 years of
601	age; right to review.--
602	(1)(a)  Notwithstanding s. 316.193, it is unlawful for a
603	person under the age of 21 who has a blood-alcohol or breath-
604	alcohol level of 0.02 or higher to drive or be in actual
605	physical control of a motor vehicle.
606	(15)  The decision of the department under this section
607	shall not be considered in any trial for a violation of s.
608	316.193, nor shall any written statement submitted by a person
609	in his or her request for departmental review under this section
610	be admissible into evidence against him or her in any such
611	trial. The disposition of any related criminal proceedings shall
612	not affect a suspension imposed under this section.
613	(19)  A violation of this section is neither a traffic
614	infraction nor a criminal offense, nor does being detained
615	pursuant to this section constitute an arrest. A violation of
616	this section is subject to the administrative action provisions
617	of this section, which are administered by the department
618	through its administrative processes. Administrative actions
619	taken pursuant to this section shall be recorded in the motor
620	vehicle records maintained by the department. This section does
621	not bar prosecution under s. 316.193. However, if the department
622	suspends a person's license under s. 322.2615 for a violation of
623	s. 316.193, it may not also suspend the person's license under
624	this section for the same episode that was the basis for the
625	suspension under s. 322.2615.
626	Section 21.  For the purpose of incorporating the amendment
627	to section 316.193, Florida Statutes, in a reference thereto,
628	paragraph (b) of subsection (1) of section 322.264, Florida
629	Statutes, is reenacted to read:
630	322.264  "Habitual traffic offender" defined.--A "habitual
631	traffic offender" is any person whose record, as maintained by
632	the Department of Highway Safety and Motor Vehicles, shows that
633	such person has accumulated the specified number of convictions
634	for offenses described in subsection (1) or subsection (2)
635	within a 5-year period:
636	(1)  Three or more convictions of any one or more of the
637	following offenses arising out of separate acts:
638	(b)  Any violation of s. 316.193, former s. 316.1931, or
639	former s. 860.01;
640
641	Any violation of any federal law, any law of another state or
642	country, or any valid ordinance of a municipality or county of
643	another state similar to a statutory prohibition specified in
644	subsection (1) or subsection (2) shall be counted as a violation
645	of such prohibition. In computing the number of convictions, all
646	convictions during the 5 years previous to July 1, 1972, will be
647	used, provided at least one conviction occurs after that date.
648	The fact that previous convictions may have resulted in
649	suspension, revocation, or disqualification under another
650	section does not exempt them from being used for suspension or
651	revocation under this section as a habitual offender.
652	Section 22.  For the purpose of incorporating the amendment
653	to section 316.193, Florida Statutes, in references thereto,
654	paragraphs (a) and (c) of subsection (2) and subsection (4) of
655	section 322.271, Florida Statutes, are reenacted to read:
656	322.271  Authority to modify revocation, cancellation, or
657	suspension order.--
658	(2)(a)  Upon such hearing, the person whose license has
659	been suspended, canceled, or revoked may show that such
660	suspension, cancellation, or revocation of his or her license
661	causes a serious hardship and precludes the person's carrying
662	out his or her normal business occupation, trade, or employment
663	and that the use of the person's license in the normal course of
664	his or her business is necessary to the proper support of the
665	person or his or her family. Except as otherwise provided in
666	this subsection, the department shall require proof of the
667	successful completion of the applicable department-approved
668	driver training course operating pursuant to s. 318.1451 or DUI
669	program substance abuse education course and evaluation as
670	provided in s. 316.193(5). Letters of recommendation from
671	respected business persons in the community, law enforcement
672	officers, or judicial officers may also be required to determine
673	whether such person should be permitted to operate a motor
674	vehicle on a restricted basis for business or employment use
675	only and in determining whether such person can be trusted to so
676	operate a motor vehicle. If a driver's license has been
677	suspended under the point system or pursuant to s. 322.2615, the
678	department shall require proof of enrollment in the applicable
679	department-approved driver training course or licensed DUI
680	program substance abuse education course, including evaluation
681	and treatment, if referred, and may require letters of
682	recommendation described in this subsection to determine if the
683	driver should be reinstated on a restricted basis. If such
684	person fails to complete the approved course within 90 days
685	after reinstatement or subsequently fails to complete treatment,
686	if applicable, the department shall cancel his or her driver's
687	license until the course and treatment, if applicable, is
688	successfully completed, notwithstanding the terms of the court
689	order or any suspension or revocation of the driving privilege.
690	The department may temporarily reinstate the driving privilege
691	on a restricted basis upon verification from the DUI program
692	that the offender has reentered and is currently participating
693	in treatment and has completed the DUI education course and
694	evaluation requirement. If the DUI program notifies the
695	department of the second failure to complete treatment, the
696	department shall reinstate the driving privilege only after
697	notice of completion of treatment from the DUI program. The
698	privilege of driving on a limited or restricted basis for
699	business or employment use shall not be granted to a person who
700	has been convicted of a violation of s. 316.193 until completion
701	of the DUI program substance abuse education course and
702	evaluations as provided in s. 316.193(5). Except as provided in
703	paragraph (b), the privilege of driving on a limited or
704	restricted basis for business or employment use shall not be
705	granted to a person whose license is revoked pursuant to s.
706	322.28 or suspended pursuant to s. 322.2615 and who has been
707	convicted of a violation of s. 316.193 two or more times or
708	whose license has been suspended two or more times for refusal
709	to submit to a test pursuant to s. 322.2615 or former s.
710	322.261.
711	(c)  For the purpose of this section, a previous conviction
712	of driving under the influence, driving while intoxicated,
713	driving with an unlawful blood-alcohol level, or any other
714	similar alcohol-related or drug-related offense outside this
715	state or a previous conviction of former s. 316.1931, former s.
716	316.028, or former s. 860.01 shall be considered a previous
717	conviction for violation of s. 316.193.
718	(4)  Notwithstanding the provisions of s. 322.28(2)(e), a
719	person whose driving privilege has been permanently revoked
720	because he or she has been convicted of DUI manslaughter in
721	violation of s. 316.193 and has no prior convictions for DUI-
722	related offenses may, upon the expiration of 5 years after the
723	date of such revocation or the expiration of 5 years after the
724	termination of any term of incarceration under s. 316.193 or
725	former s. 316.1931, whichever date is later, petition the
726	department for reinstatement of his or her driving privilege.
727	(a)  Within 30 days after the receipt of such a petition,
728	the department shall afford the petitioner an opportunity for a
729	hearing. At the hearing, the petitioner must demonstrate to the
730	department that he or she:
731	1.  Has not been arrested for a drug-related offense during
732	the 5 years preceding the filing of the petition;
733	2.  Has not driven a motor vehicle without a license for at
734	least 5 years prior to the hearing;
735	3.  Has been drug-free for at least 5 years prior to the
736	hearing; and
737	4.  Has completed a DUI program licensed by the department.
738	(b)  At such hearing, the department shall determine the
739	petitioner's qualification, fitness, and need to drive. Upon
740	such determination, the department may, in its discretion,
741	reinstate the driver's license of the petitioner. Such
742	reinstatement must be made subject to the following
743	qualifications:
744	1.  The license must be restricted for employment purposes
745	for not less than 1 year; and
746	2.  Such person must be supervised by a DUI program
747	licensed by the department and report to the program for such
748	supervision and education at least four times a year or
749	additionally as required by the program for the remainder of the
750	revocation period. Such supervision shall include evaluation,
751	education, referral into treatment, and other activities
752	required by the department.
753	(c)  Such person must assume the reasonable costs of
754	supervision. If such person fails to comply with the required
755	supervision, the program shall report the failure to the
756	department, and the department shall cancel such person's
757	driving privilege.
758	(d)  If, after reinstatement, such person is convicted of
759	an offense for which mandatory revocation of his or her license
760	is required, the department shall revoke his or her driving
761	privilege.
762	(e)  The department shall adopt rules regulating the
763	providing of services by DUI programs pursuant to this section.
764	Section 23.  For the purpose of incorporating the amendment
765	to section 316.193, Florida Statutes, in references thereto,
766	subsection (2) of section 322.28, Florida Statutes, is reenacted
767	to read:
768	322.28  Period of suspension or revocation.--
769	(2)  In a prosecution for a violation of s. 316.193 or
770	former s. 316.1931, the following provisions apply:
771	(a)  Upon conviction of the driver, the court, along with
772	imposing sentence, shall revoke the driver's license or driving
773	privilege of the person so convicted, effective on the date of
774	conviction, and shall prescribe the period of such revocation in
775	accordance with the following provisions:
776	1.  Upon a first conviction for a violation of the
777	provisions of s. 316.193, except a violation resulting in death,
778	the driver's license or driving privilege shall be revoked for
779	not less than 180 days or more than 1 year.
780	2.  Upon a second conviction for an offense that occurs
781	within a period of 5 years after the date of a prior conviction
782	for a violation of the provisions of s. 316.193 or former s.
783	316.1931 or a combination of such sections, the driver's license
784	or driving privilege shall be revoked for not less than 5 years.
785	3.  Upon a third conviction for an offense that occurs
786	within a period of 10 years after the date of a prior conviction
787	for the violation of the provisions of s. 316.193 or former s.
788	316.1931 or a combination of such sections, the driver's license
789	or driving privilege shall be revoked for not less than 10
790	years.
791
792	For the purposes of this paragraph, a previous conviction
793	outside this state for driving under the influence, driving
794	while intoxicated, driving with an unlawful blood-alcohol level,
795	or any other alcohol-related or drug-related traffic offense
796	similar to the offense of driving under the influence as
797	proscribed by s. 316.193 will be considered a previous
798	conviction for violation of s. 316.193, and a conviction for
799	violation of former s. 316.028, former s. 316.1931, or former s.
800	860.01 is considered a conviction for violation of s. 316.193.
801	(b)  If the period of revocation was not specified by the
802	court at the time of imposing sentence or within 30 days
803	thereafter, and is not otherwise specified by law, the
804	department shall forthwith revoke the driver's license or
805	driving privilege for the maximum period applicable under
806	paragraph (a) for a first conviction and for the minimum period
807	applicable under paragraph (a) for any subsequent convictions.
808	The driver may, within 30 days after such revocation by the
809	department, petition the court for further hearing on the period
810	of revocation, and the court may reopen the case and determine
811	the period of revocation within the limits specified in
812	paragraph (a).
813	(c)  The forfeiture of bail bond, not vacated within 20
814	days, in any prosecution for the offense of driving while under
815	the influence of alcoholic beverages, chemical substances, or
816	controlled substances to the extent of depriving the defendant
817	of his or her normal faculties shall be deemed equivalent to a
818	conviction for the purposes of this paragraph, and the
819	department shall forthwith revoke the defendant's driver's
820	license or driving privilege for the maximum period applicable
821	under paragraph (a) for a first conviction and for the minimum
822	period applicable under paragraph (a) for a second or subsequent
823	conviction; however, if the defendant is later convicted of the
824	charge, the period of revocation imposed by the department for
825	such conviction shall not exceed the difference between the
826	applicable maximum for a first conviction or minimum for a
827	second or subsequent conviction and the revocation period under
828	this subsection that has actually elapsed; upon conviction of
829	such charge, the court may impose revocation for a period of
830	time as specified in paragraph (a). This paragraph does not
831	apply if an appropriate motion contesting the forfeiture is
832	filed within the 20-day period.
833	(d)  When any driver's license or driving privilege has
834	been revoked pursuant to the provisions of this section, the
835	department shall not grant a new license, except upon
836	reexamination of the licensee after the expiration of the period
837	of revocation so prescribed. However, the court may, in its
838	sound discretion, issue an order of reinstatement on a form
839	furnished by the department which the person may take to any
840	driver's license examining office for reinstatement by the
841	department pursuant to s. 322.282.
842	(e)  The court shall permanently revoke the driver's
843	license or driving privilege of a person who has been convicted
844	four times for violation of s. 316.193 or former s. 316.1931 or
845	a combination of such sections. The court shall permanently
846	revoke the driver's license or driving privilege of any person
847	who has been convicted of DUI manslaughter in violation of s.
848	316.193. If the court has not permanently revoked such driver's
849	license or driving privilege within 30 days after imposing
850	sentence, the department shall permanently revoke the driver's
851	license or driving privilege pursuant to this paragraph. No
852	driver's license or driving privilege may be issued or granted
853	to any such person. This paragraph applies only if at least one
854	of the convictions for violation of s. 316.193 or former s.
855	316.1931 was for a violation that occurred after July 1, 1982.
856	For the purposes of this paragraph, a conviction for violation
857	of former s. 316.028, former s. 316.1931, or former s. 860.01 is
858	also considered a conviction for violation of s. 316.193. Also,
859	a conviction of driving under the influence, driving while
860	intoxicated, driving with an unlawful blood-alcohol level, or
861	any other similar alcohol-related or drug-related traffic
862	offense outside this state is considered a conviction for the
863	purposes of this paragraph.
864	Section 24.  For the purpose of incorporating the amendment
865	to section 316.193, Florida Statutes, in references thereto,
866	paragraph (a) of subsection (2) of section 322.282, Florida
867	Statutes, is reenacted to read:
868	322.282  Procedure when court revokes or suspends license
869	or driving privilege and orders reinstatement.--When a court
870	suspends or revokes a person's license or driving privilege and,
871	in its discretion, orders reinstatement as provided by s.
872	322.28(2)(d) or former s. 322.261(5):
873	(2)(a)  The court shall issue an order of reinstatement, on
874	a form to be furnished by the department, which the person may
875	take to any driver's license examining office. The department
876	shall issue a temporary driver's permit to a licensee who
877	presents the court's order of reinstatement, proof of completion
878	of a department-approved driver training or substance abuse
879	education course, and a written request for a hearing under s.
880	322.271. The permit shall not be issued if a record check by the
881	department shows that the person has previously been convicted
882	for a violation of s. 316.193, former s. 316.1931, former s.
883	316.028, former s. 860.01, or a previous conviction outside this
884	state for driving under the influence, driving while
885	intoxicated, driving with an unlawful blood-alcohol level, or
886	any similar alcohol-related or drug-related traffic offense;
887	that the person's driving privilege has been previously
888	suspended for refusal to submit to a lawful test of breath,
889	blood, or urine; or that the person is otherwise not entitled to
890	issuance of a driver's license. This paragraph shall not be
891	construed to prevent the reinstatement of a license or driving
892	privilege that is presently suspended for driving with an
893	unlawful blood-alcohol level or a refusal to submit to a breath,
894	urine, or blood test and is also revoked for a conviction for a
895	violation of s. 316.193 or former s. 316.1931, if the suspension
896	and revocation arise out of the same incident.
897	Section 25.  For the purpose of incorporating the amendment
898	to section 316.193, Florida Statutes, in a reference thereto,
899	paragraph (a) of subsection (1) of section 322.291, Florida
900	Statutes, is reenacted to read:
901	322.291  Driver improvement schools or DUI programs;
902	required in certain suspension and revocation cases.--Except as
903	provided in s. 322.03(2), any person:
904	(1)  Whose driving privilege has been revoked:
905	(a)  Upon conviction for:
906	1.  Driving, or being in actual physical control of, any
907	vehicle while under the influence of alcoholic beverages, any
908	chemical substance set forth in s. 877.111, or any substance
909	controlled under chapter 893, in violation of s. 316.193;
910	2.  Driving with an unlawful blood- or breath-alcohol
911	level;
912	3.  Manslaughter resulting from the operation of a motor
913	vehicle;
914	4.  Failure to stop and render aid as required under the
915	laws of this state in the event of a motor vehicle crash
916	resulting in the death or personal injury of another;
917	5.  Reckless driving; or
918
919	shall, before the driving privilege may be reinstated, present
920	to the department proof of enrollment in a department-approved
921	advanced driver improvement course operating pursuant to s.
922	318.1451 or a substance abuse education course conducted by a
923	DUI program licensed pursuant to s. 322.292, which shall include
924	a psychosocial evaluation and treatment, if referred. If the
925	person fails to complete such course or evaluation within 90
926	days after reinstatement, or subsequently fails to complete
927	treatment, if referred, the DUI program shall notify the
928	department of the failure. Upon receipt of the notice, the
929	department shall cancel the offender's driving privilege,
930	notwithstanding the expiration of the suspension or revocation
931	of the driving privilege. The department may temporarily
932	reinstate the driving privilege upon verification from the DUI
933	program that the offender has completed the education course and
934	evaluation requirement and has reentered and is currently
935	participating in treatment. If the DUI program notifies the
936	department of the second failure to complete treatment, the
937	department shall reinstate the driving privilege only after
938	notice of completion of treatment from the DUI program.
939	Section 26.  For the purpose of incorporating the amendment
940	to section 316.193, Florida Statutes, in a reference thereto,
941	paragraph (a) of subsection (9) of section 322.34, Florida
942	Statutes, is reenacted to read:
943	322.34  Driving while license suspended, revoked, canceled,
944	or disqualified.--
945	(9)(a)  A motor vehicle that is driven by a person under
946	the influence of alcohol or drugs in violation of s. 316.193 is
947	subject to seizure and forfeiture under ss. 932.701-932.707 and
948	is subject to liens for recovering, towing, or storing vehicles
949	under s. 713.78 if, at the time of the offense, the person's
950	driver's license is suspended, revoked, or canceled as a result
951	of a prior conviction for driving under the influence.
952	Section 27.  For the purpose of incorporating the amendment
953	to section 316.193, Florida Statutes, in references thereto,
954	section 322.44, Florida Statutes, is reenacted to read:
955	322.44  Driver License Compact.--The Driver License Compact
956	is hereby enacted into law and entered into with all other
957	jurisdictions legally joining therein in the form substantially
958	as follows:
959	ARTICLE I
960	FINDINGS AND DECLARATION OF POLICY.--
961	(1)  The party states find that:
962	(a)  The safety of their streets and highways is materially
963	affected by the degree of compliance with state laws and local
964	ordinances relating to the operation of motor vehicles;
965	(b)  Violation of such a law or ordinance is evidence that
966	the violator engages in conduct which is likely to endanger the
967	safety of persons and property;
968	(c)  The continuance in force of a license to drive is
969	predicated upon compliance with laws and ordinances relating to
970	the operation of motor vehicles, in whichever jurisdiction the
971	vehicle is operated.
972	(2)  It is the policy of each of the party states to:
973	(a)  Promote compliance with the laws, ordinances, and
974	administrative rules and regulations relating to the operation
975	of motor vehicles by their operators in each of the
976	jurisdictions where such operators drive motor vehicles;
977	(b)  Make the reciprocal recognition of licenses to drive
978	and eligibility therefor more just and equitable by considering
979	the overall compliance with motor vehicle laws, ordinances, and
980	administrative rules and regulations as a condition precedent to
981	the continuance or issuance of any license by reason of which
982	the licensee is authorized or permitted to operate a motor
983	vehicle in any of the party states.
984	ARTICLE II
985	DEFINITIONS.--As used in this compact:
986	(1)  "State" means a state, territory or possession of the
987	United States, the District of Columbia, or the Commonwealth of
988	Puerto Rico.
989	(2)  "Home state" means the state which has issued and has
990	the power to suspend or revoke the use of the license or permit
991	to operate a motor vehicle.
992	(3)  "Conviction" means a conviction of any offense related
993	to the use or operation of a motor vehicle which is prohibited
994	by state law, municipal ordinance, or administrative rule or
995	regulation, or a forfeiture of bail, bond, or other security
996	deposited to secure appearance by a person charged with having
997	committed any such offense, and which conviction or forfeiture
998	is required to be reported to the licensing authority.
999	ARTICLE III
1000	REPORTS OF CONVICTION.--The licensing authority of a party
1001	state shall report each conviction of a person from another
1002	party state occurring within its jurisdiction to the licensing
1003	authority of the home state of the licensee. Such report shall
1004	clearly identify the person convicted; describe the violation
1005	specifying the section of the statute, code, or ordinance
1006	violated; identify the court in which action was taken; indicate
1007	whether a plea of guilty or not guilty was entered or the
1008	conviction was a result of the forfeiture of bail, bond, or
1009	other security; and shall include any special findings made in
1010	connection therewith.
1011	ARTICLE IV
1012	EFFECT OF CONVICTION.--
1013	(1)  The licensing authority in the home state, for the
1014	purposes of suspension, revocation, or limitation of the license
1015	to operate a motor vehicle, shall give the same effect to the
1016	conduct reported, pursuant to article III, as it would if such
1017	conduct had occurred in the home state, in the case of
1018	convictions for:
1019	(a)  Manslaughter or negligent homicide resulting from the
1020	operation of a motor vehicle, as provided by ss. 316.193 and
1021	322.26;
1022	(b)  Driving a motor vehicle while under the influence of
1023	alcoholic beverages or a narcotic drug, or under the influence
1024	of any other drug to a degree which renders the driver incapable
1025	of safely driving a motor vehicle, as provided by s. 316.193;
1026	(c)  Any felony in the commission of which a motor vehicle
1027	is used, as provided by s. 322.26; or
1028	(d)  Failure to stop and render aid in the event of a motor
1029	vehicle crash resulting in the death or personal injury of
1030	another, as provided by s. 322.26.
1031	(2)  As to other convictions, reported pursuant to article
1032	III, the licensing authority in the home state shall give such
1033	effect to the conduct as is provided by the laws of the home
1034	state.
1035	ARTICLE V
1036	APPLICATIONS FOR NEW LICENSES.--Upon application for a
1037	license to drive, the licensing authority in a party state shall
1038	ascertain whether the applicant has ever held, or is the holder
1039	of, a license to drive issued by any other party state. The
1040	licensing authority in the state where application is made shall
1041	not issue a license to drive to the applicant if:
1042	(1)  The applicant has held such a license, but the same
1043	has been suspended by reason, in whole or in part, of a
1044	violation and if such suspension period has not terminated.
1045	(2)  The applicant has held such a license, but the same
1046	has been revoked by reason, in whole or in part, of a violation
1047	and if such revocation has not terminated, except that after the
1048	expiration of 1 year from the date the license was revoked, such
1049	person may make application for a new license if permitted by
1050	law. The licensing authority may refuse to issue a license to
1051	any such applicant if, after investigation, the licensing
1052	authority determines that it will not be safe to grant to such
1053	person the privilege of driving a motor vehicle on the public
1054	highways.
1055	(3)  The applicant is the holder of a license to drive
1056	issued by another party state and currently in force unless the
1057	applicant surrenders such license.
1058	ARTICLE VI
1059	APPLICABILITY OF OTHER LAWS.--Except as expressly required
1060	by provisions of this compact, nothing contained herein shall be
1061	construed to affect the right of any party state to apply any of
1062	its other laws relating to licenses to drive to any person or
1063	circumstance, nor to invalidate or prevent any driver license
1064	agreement or other cooperative arrangement between a party state
1065	and a nonparty state.
1066	ARTICLE VII
1067	COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION.--
1068	(1)  The head of the licensing authority of each party
1069	state shall be the administrator of this compact for his or her
1070	state. The administrators, acting jointly, shall have the power
1071	to formulate all necessary and proper procedures for the
1072	exchange of information under this compact.
1073	(2)  The administrator of each party state shall furnish to
1074	the administrator of each other party state any information or
1075	documents reasonably necessary to facilitate the administration
1076	of this compact.
1077	ARTICLE VIII
1078	ENTRY INTO FORCE AND WITHDRAWAL.--
1079	(1)  This compact shall enter into force and become
1080	effective as to any state when it has enacted the same into law.
1081	(2)  Any party state may withdraw from this compact by
1082	enacting a statute repealing the same, but no such withdrawal
1083	shall take effect until 6 months after the executive head of the
1084	withdrawing state has given notice of the withdrawal to the
1085	executive heads of all other party states. No withdrawal shall
1086	affect the validity or applicability by the licensing
1087	authorities of states remaining party to the compact of any
1088	report of conviction occurring prior to the withdrawal.
1089	ARTICLE IX
1090	CONSTRUCTION AND SEVERABILITY.--This compact shall be
1091	liberally construed so as to effectuate the purposes thereof.
1092	The provisions of this compact shall be severable; and if any
1093	phrase, clause, sentence, or provision of this compact is
1094	declared to be contrary to the constitution of any party state
1095	or of the United States or the applicability thereof to any
1096	government, agency, person, or circumstance is held invalid, the
1097	validity of the remainder of this compact and the applicability
1098	thereof to any government, agency, person, or circumstance shall
1099	not be affected thereby. If this compact shall be held contrary
1100	to the constitution of any state party thereto, the compact
1101	shall remain in full force and effect as to the remaining states
1102	and in full force and effect as to the state affected as to all
1103	severable matters.
1104	Section 28.  For the purpose of incorporating the amendment
1105	to section 316.193, Florida Statutes, in a reference thereto,
1106	subsection (3) of section 322.62, Florida Statutes, is reenacted
1107	to read:
1108	322.62  Driving under the influence; commercial motor
1109	vehicle operators.--
1110	(3)  This section does not supersede s. 316.193. Nothing in
1111	this section prohibits the prosecution of a person who drives a
1112	commercial motor vehicle for driving under the influence of
1113	alcohol or controlled substances whether or not such person is
1114	also prosecuted for a violation of this section.
1115	Section 29.  For the purpose of incorporating the amendment
1116	to section 316.193, Florida Statutes, in references thereto,
1117	paragraph (d) of subsection (2) and subsection (6) of section
1118	322.63, Florida Statutes, are reenacted to read:
1119	322.63  Alcohol or drug testing; commercial motor vehicle
1120	operators.--
1121	(2)  The chemical and physical tests authorized by this
1122	section shall only be required if a law enforcement officer has
1123	reasonable cause to believe that a person driving a commercial
1124	motor vehicle has any alcohol, chemical substance, or controlled
1125	substance in his or her body.
1126	(d)  The administration of one test under paragraph (a),
1127	paragraph (b), or paragraph (c) shall not preclude the
1128	administration of a different test under paragraph (a),
1129	paragraph (b), or paragraph (c). However, a urine test may not
1130	be used to determine alcohol concentration and a breath test may
1131	not be used to determine the presence of controlled substances
1132	or chemical substances in a person's body. Notwithstanding the
1133	provisions of this paragraph, in the event a Florida licensee
1134	has been convicted in another state for an offense substantially
1135	similar to s. 316.193 or to s. 322.62, which conviction was
1136	based upon evidence of test results prohibited by this
1137	paragraph, that out-of-state conviction shall constitute a
1138	conviction for the purposes of this chapter.
1139	(6)  Notwithstanding any provision of law pertaining to the
1140	confidentiality of hospital records or other medical records,
1141	information relating to the alcohol content of a person's blood
1142	or the presence of chemical substances or controlled substances
1143	in a person's blood obtained pursuant to this section shall be
1144	released to a court, prosecuting attorney, defense attorney, or
1145	law enforcement officer in connection with an alleged violation
1146	of s. 316.193 or s. 322.62 upon request for such information.
1147	Section 30.  For the purpose of incorporating the amendment
1148	to section 316.193, Florida Statutes, in references thereto,
1149	subsections (1) and (2), paragraph (a) of subsection (7),
1150	paragraph (b) of subsection (8), and subsections (14) and (15)
1151	of section 322.64, Florida Statutes, are reenacted to read:
1152	322.64  Holder of commercial driver's license; driving with
1153	unlawful blood-alcohol level; refusal to submit to breath,
1154	urine, or blood test.--
1155	(1)(a)  A law enforcement officer or correctional officer
1156	shall, on behalf of the department, disqualify from operating
1157	any commercial motor vehicle a person who while operating or in
1158	actual physical control of a commercial motor vehicle is
1159	arrested for a violation of s. 316.193, relating to unlawful
1160	blood-alcohol level or breath-alcohol level, or a person who has
1161	refused to submit to a breath, urine, or blood test authorized
1162	by s. 322.63 arising out of the operation or actual physical
1163	control of a commercial motor vehicle. Upon disqualification of
1164	the person, the officer shall take the person's driver's license
1165	and issue the person a 10-day temporary permit if the person is
1166	otherwise eligible for the driving privilege and shall issue the
1167	person a notice of disqualification. If the person has been
1168	given a blood, breath, or urine test, the results of which are
1169	not available to the officer at the time of the arrest, the
1170	agency employing the officer shall transmit such results to the
1171	department within 5 days after receipt of the results. If the
1172	department then determines that the person was arrested for a
1173	violation of s. 316.193 and that the person had a blood-alcohol
1174	level or breath-alcohol level of 0.08 or higher, the department
1175	shall disqualify the person from operating a commercial motor
1176	vehicle pursuant to subsection (3).
1177	(b)  The disqualification under paragraph (a) shall be
1178	pursuant to, and the notice of disqualification shall inform the
1179	driver of, the following:
1180	1.a.  The driver refused to submit to a lawful breath,
1181	blood, or urine test and he or she is disqualified from
1182	operating a commercial motor vehicle for a period of 1 year, for
1183	a first refusal, or permanently, if he or she has previously
1184	been disqualified as a result of a refusal to submit to such a
1185	test; or
1186	b.  The driver violated s. 316.193 by driving with an
1187	unlawful blood-alcohol level and he or she is disqualified from
1188	operating a commercial motor vehicle for a period of 6 months
1189	for a first offense or for a period of 1 year if he or she has
1190	previously been disqualified, or his or her driving privilege
1191	has been previously suspended, for a violation of s. 316.193.
1192	2.  The disqualification period shall commence on the date
1193	of arrest or issuance of notice of disqualification, whichever
1194	is later.
1195	3.  The driver may request a formal or informal review of
1196	the disqualification by the department within 10 days after the
1197	date of arrest or issuance of notice of disqualification,
1198	whichever is later.
1199	4.  The temporary permit issued at the time of arrest or
1200	disqualification will expire at midnight of the 10th day
1201	following the date of disqualification.
1202	5.  The driver may submit to the department any materials
1203	relevant to the arrest.
1204	(2)  Except as provided in paragraph (1)(a), the law
1205	enforcement officer shall forward to the department, within 5
1206	days after the date of the arrest or the issuance of the notice
1207	of disqualification, whichever is later, a copy of the notice of
1208	disqualification, the driver's license of the person arrested,
1209	and a report of the arrest, including, if applicable, an
1210	affidavit stating the officer's grounds for belief that the
1211	person arrested was in violation of s. 316.193; the results of
1212	any breath or blood test or an affidavit stating that a breath,
1213	blood, or urine test was requested by a law enforcement officer
1214	or correctional officer and that the person arrested refused to
1215	submit; a copy of the citation issued to the person arrested;
1216	and the officer's description of the person's field sobriety
1217	test, if any. The failure of the officer to submit materials
1218	within the 5-day period specified in this subsection or
1219	subsection (1) shall not affect the department's ability to
1220	consider any evidence submitted at or prior to the hearing. The
1221	officer may also submit a copy of a videotape of the field
1222	sobriety test or the attempt to administer such test.
1223	(7)  In a formal review hearing under subsection (6) or an
1224	informal review hearing under subsection (4), the hearing
1225	officer shall determine by a preponderance of the evidence
1226	whether sufficient cause exists to sustain, amend, or invalidate
1227	the disqualification. The scope of the review shall be limited
1228	to the following issues:
1229	(a)  If the person was disqualified from operating a
1230	commercial motor vehicle for driving with an unlawful blood-
1231	alcohol level in violation of s. 316.193:
1232	1.  Whether the arresting law enforcement officer had
1233	probable cause to believe that the person was driving or in
1234	actual physical control of a commercial motor vehicle in this
1235	state while he or she had any alcohol, chemical substances, or
1236	controlled substances in his or her body.
1237	2.  Whether the person was placed under lawful arrest for a
1238	violation of s. 316.193.
1239	3.  Whether the person had an unlawful blood-alcohol level
1240	as provided in s. 316.193.
1241	(8)  Based on the determination of the hearing officer
1242	pursuant to subsection (7) for both informal hearings under
1243	subsection (4) and formal hearings under subsection (6), the
1244	department shall:
1245	(b)  Sustain the disqualification for a period of 6 months
1246	for a violation of s. 316.193 or for a period of 1 year if the
1247	person has been previously disqualified from operating a
1248	commercial motor vehicle or his or her driving privilege has
1249	been previously suspended as a result of a violation of s.
1250	316.193. The disqualification period commences on the date of
1251	the arrest or issuance of the notice of disqualification,
1252	whichever is later.
1253	(14)  The decision of the department under this section
1254	shall not be considered in any trial for a violation of s.
1255	316.193, s. 322.61, or s. 322.62, nor shall any written
1256	statement submitted by a person in his or her request for
1257	departmental review under this section be admissible into
1258	evidence against him or her in any such trial. The disposition
1259	of any related criminal proceedings shall not affect a
1260	disqualification imposed pursuant to this section.
1261	(15)  This section does not preclude the suspension of the
1262	driving privilege pursuant to s. 322.2615. The driving privilege
1263	of a person who has been disqualified from operating a
1264	commercial motor vehicle also may be suspended for a violation
1265	of s. 316.193.
1266	Section 31.  For the purpose of incorporating the amendment
1267	to section 316.193, Florida Statutes, in a reference thereto,
1268	paragraph (f) of subsection (4) of section 323.001, Florida
1269	Statutes, is reenacted to read:
1270	323.001  Wrecker operator storage facilities; vehicle
1271	holds.--
1272	(4)  The requirements for a written hold apply when the
1273	following conditions are present:
1274	(f)  The vehicle is impounded or immobilized pursuant to s.
1275	316.193 or s. 322.34; or
1276	Section 32.  For the purpose of incorporating the amendment
1277	to section 316.193, Florida Statutes, in a reference thereto,
1278	subsection (6) of section 327.35, Florida Statutes, is reenacted
1279	to read:
1280	327.35  Boating under the influence; penalties; "designated
1281	drivers".--
1282	(6)  With respect to any person convicted of a violation of
1283	subsection (1), regardless of any other penalty imposed:
1284	(a)  For the first conviction, the court shall place the
1285	defendant on probation for a period not to exceed 1 year and, as
1286	a condition of such probation, shall order the defendant to
1287	participate in public service or a community work project for a
1288	minimum of 50 hours. The court must also, as a condition of
1289	probation, order the impoundment or immobilization of the vessel
1290	that was operated by or in the actual control of the defendant
1291	or any one vehicle registered in the defendant's name at the
1292	time of impoundment or immobilization, for a period of 10 days
1293	or for the unexpired term of any lease or rental agreement that
1294	expires within 10 days. The impoundment or immobilization must
1295	not occur concurrently with the incarceration of the defendant.
1296	The impoundment or immobilization order may be dismissed in
1297	accordance with paragraph (e) or paragraph (f). The total period
1298	of probation and incarceration may not exceed 1 year.
1299	(b)  For the second conviction for an offense that occurs
1300	within a period of 5 years after the date of a prior conviction
1301	for violation of this section, the court shall order
1302	imprisonment for not less than 10 days. The court must also, as
1303	a condition of probation, order the impoundment or
1304	immobilization of the vessel that was operated by or in the
1305	actual control of the defendant or any one vehicle registered in
1306	the defendant's name at the time of impoundment or
1307	immobilization, for a period of 30 days or for the unexpired
1308	term of any lease or rental agreement that expires within 30
1309	days. The impoundment or immobilization must not occur
1310	concurrently with the incarceration of the defendant. The
1311	impoundment or immobilization order may be dismissed in
1312	accordance with paragraph (e) or paragraph (f). At least 48
1313	hours of confinement must be consecutive.
1314	(c)  For the third or subsequent conviction for an offense
1315	that occurs within a period of 10 years after the date of a
1316	prior conviction for violation of this section, the court shall
1317	order imprisonment for not less than 30 days. The court must
1318	also, as a condition of probation, order the impoundment or
1319	immobilization of the vessel that was operated by or in the
1320	actual control of the defendant or any one vehicle registered in
1321	the defendant's name at the time of impoundment or
1322	immobilization, for a period of 90 days or for the unexpired
1323	term of any lease or rental agreement that expires within 90
1324	days. The impoundment or immobilization must not occur
1325	concurrently with the incarceration of the defendant. The
1326	impoundment or immobilization order may be dismissed in
1327	accordance with paragraph (e) or paragraph (f). At least 48
1328	hours of confinement must be consecutive.
1329	(d)  The court must at the time of sentencing the defendant
1330	issue an order for the impoundment or immobilization of a
1331	vessel. Within 7 business days after the date that the court
1332	issues the order of impoundment, and once again 30 business days
1333	before the actual impoundment or immobilization of the vessel,
1334	the clerk of the court must send notice by certified mail,
1335	return receipt requested, to the registered owner of each
1336	vessel, if the registered owner is a person other than the
1337	defendant, and to each person of record claiming a lien against
1338	the vessel.
1339	(e)  A person who owns but was not operating the vessel
1340	when the offense occurred may submit to the court a police
1341	report indicating that the vessel was stolen at the time of the
1342	offense or documentation of having purchased the vessel after
1343	the offense was committed from an entity other than the
1344	defendant or the defendant's agent. If the court finds that the
1345	vessel was stolen or that the sale was not made to circumvent
1346	the order and allow the defendant continued access to the
1347	vessel, the order must be dismissed and the owner of the vessel
1348	will incur no costs. If the court denies the request to dismiss
1349	the order of impoundment or immobilization, the petitioner may
1350	request an evidentiary hearing.
1351	(f)  A person who owns but was not operating the vessel
1352	when the offense occurred, and whose vessel was stolen or who
1353	purchased the vessel after the offense was committed directly
1354	from the defendant or the defendant's agent, may request an
1355	evidentiary hearing to determine whether the impoundment or
1356	immobilization should occur. If the court finds that either the
1357	vessel was stolen or the purchase was made without knowledge of
1358	the offense, that the purchaser had no relationship to the
1359	defendant other than through the transaction, and that such
1360	purchase would not circumvent the order and allow the defendant
1361	continued access to the vessel, the order must be dismissed and
1362	the owner of the vessel will incur no costs.
1363	(g)  All costs and fees for the impoundment or
1364	immobilization, including the cost of notification, must be paid
1365	by the owner of the vessel or, if the vessel is leased or
1366	rented, by the person leasing or renting the vessel, unless the
1367	impoundment or immobilization order is dismissed.
1368	(h)  The person who owns a vessel that is impounded or
1369	immobilized under this paragraph, or a person who has a lien of
1370	record against such a vessel and who has not requested a review
1371	of the impoundment pursuant to paragraph (e) or paragraph (f),
1372	may, within 10 days after the date that person has knowledge of
1373	the location of the vessel, file a complaint in the county in
1374	which the owner resides to determine whether the vessel was
1375	wrongfully taken or withheld from the owner or lienholder. Upon
1376	the filing of a complaint, the owner or lienholder may have the
1377	vessel released by posting with the court a bond or other
1378	adequate security equal to the amount of the costs and fees for
1379	impoundment or immobilization, including towing or storage, to
1380	ensure the payment of the costs and fees if the owner or
1381	lienholder does not prevail. When the bond is posted and the fee
1382	is paid as set forth in s. 28.24, the clerk of the court shall
1383	issue a certificate releasing the vessel. At the time of
1384	release, after reasonable inspection, the owner or lienholder
1385	must give a receipt to the towing or storage company indicating
1386	any loss or damage to the vessel or to the contents of the
1387	vessel.
1388	(i)  A defendant, in the court's discretion, may be
1389	required to serve all or any portion of a term of imprisonment
1390	to which the defendant has been sentenced pursuant to this
1391	section in a residential alcoholism treatment program or a
1392	residential drug abuse treatment program. Any time spent in such
1393	a program must be credited by the court toward the term of
1394	imprisonment.
1395
1396	For the purposes of this section, any conviction for a violation
1397	of s. 316.193, a previous conviction for the violation of former
1398	s. 316.1931, former s. 860.01, or former s. 316.028, or a
1399	previous conviction outside this state for driving under the
1400	influence, driving while intoxicated, driving with an unlawful
1401	blood-alcohol level, driving with an unlawful breath-alcohol
1402	level, or any other similar alcohol-related or drug-related
1403	traffic offense, is also considered a previous conviction for
1404	violation of this section.
1405	Section 33.  For the purpose of incorporating the amendment
1406	to section 316.193, Florida Statutes, in a reference thereto,
1407	subsection (10) of section 397.405, Florida Statutes, is
1408	reenacted to read:
1409	397.405  Exemptions from licensure.--The following are
1410	exempt from the licensing provisions of this chapter:
1411	(10)  DUI education and screening services provided
1412	pursuant to ss. 316.192, 316.193, 322.095, 322.271, and 322.291.
1413	Persons or entities providing treatment services must be
1414	licensed under this chapter unless exempted from licensing as
1415	provided in this section.
1416
1417	The exemptions from licensure in this section do not apply to
1418	any service provider that receives an appropriation, grant, or
1419	contract from the state to operate as a service provider as
1420	defined in this chapter or to any substance abuse program
1421	regulated pursuant to s. 397.406. Furthermore, this chapter may
1422	not be construed to limit the practice of a physician licensed
1423	under chapter 458 or chapter 459, a psychologist licensed under
1424	chapter 490, or a psychotherapist licensed under chapter 491 who
1425	provides substance abuse treatment, so long as the physician,
1426	psychologist, or psychotherapist does not represent to the
1427	public that he or she is a licensed service provider and does
1428	not provide services to clients pursuant to part V of this
1429	chapter. Failure to comply with any requirement necessary to
1430	maintain an exempt status under this section is a misdemeanor of
1431	the first degree, punishable as provided in s. 775.082 or s.
1432	775.083.
1433	Section 34.  For the purpose of incorporating the amendment
1434	to section 316.193, Florida Statutes, in a reference thereto,
1435	paragraph (c) of subsection (17) of section 440.02, Florida
1436	Statutes, is reenacted to read:
1437	440.02  Definitions.--When used in this chapter, unless the
1438	context clearly requires otherwise, the following terms shall
1439	have the following meanings:
1440	(17)
1441	(c)  "Employment" does not include service performed by or
1442	as:
1443	1.  Domestic servants in private homes.
1444	2.  Agricultural labor performed on a farm in the employ of
1445	a bona fide farmer, or association of farmers, that employs 5 or
1446	fewer regular employees and that employs fewer than 12 other
1447	employees at one time for seasonal agricultural labor that is
1448	completed in less than 30 days, provided such seasonal
1449	employment does not exceed 45 days in the same calendar year.
1450	The term "farm" includes stock, dairy, poultry, fruit, fur-
1451	bearing animals, fish, and truck farms, ranches, nurseries, and
1452	orchards. The term "agricultural labor" includes field foremen,
1453	timekeepers, checkers, and other farm labor supervisory
1454	personnel.
1455	3.  Professional athletes, such as professional boxers,
1456	wrestlers, baseball, football, basketball, hockey, polo, tennis,
1457	jai alai, and similar players, and motorsports teams competing
1458	in a motor racing event as defined in s. 549.08.
1459	4.  Labor under a sentence of a court to perform community
1460	services as provided in s. 316.193.
1461	5.  State prisoners or county inmates, except those
1462	performing services for private employers or those enumerated in
1463	s. 948.036(1).
1464	Section 35.  For the purpose of incorporating the amendment
1465	to section 316.193, Florida Statutes, in a reference thereto,
1466	paragraph (b) of subsection (7) of section 440.09, Florida
1467	Statutes, is reenacted to read:
1468	440.09  Coverage.--
1469	(7)
1470	(b)  If the employee has, at the time of the injury, a
1471	blood alcohol level equal to or greater than the level specified
1472	in s. 316.193, or if the employee has a positive confirmation of
1473	a drug as defined in this act, it is presumed that the injury
1474	was occasioned primarily by the intoxication of, or by the
1475	influence of the drug upon, the employee. If the employer has
1476	implemented a drug-free workplace, this presumption may be
1477	rebutted only by evidence that there is no reasonable hypothesis
1478	that the intoxication or drug influence contributed to the
1479	injury. In the absence of a drug-free workplace program, this
1480	presumption may be rebutted by clear and convincing evidence
1481	that the intoxication or influence of the drug did not
1482	contribute to the injury. Percent by weight of alcohol in the
1483	blood must be based upon grams of alcohol per 100 milliliters of
1484	blood. If the results are positive, the testing facility must
1485	maintain the specimen for a minimum of 90 days. Blood serum may
1486	be used for testing purposes under this chapter; however, if
1487	this test is used, the presumptions under this section do not
1488	arise unless the blood alcohol level is proved to be medically
1489	and scientifically equivalent to or greater than the comparable
1490	blood alcohol level that would have been obtained if the test
1491	were based on percent by weight of alcohol in the blood.
1492	However, if, before the accident, the employer had actual
1493	knowledge of and expressly acquiesced in the employee's presence
1494	at the workplace while under the influence of such alcohol or
1495	drug, the presumptions specified in this subsection do not
1496	apply.
1497	Section 36.  For the purpose of incorporating the amendment
1498	to section 316.193, Florida Statutes, in a reference thereto,
1499	paragraph (d) of subsection (1) of section 493.6106, Florida
1500	Statutes, is reenacted to read:
1501	493.6106  License requirements; posting.--
1502	(1)  Each individual licensed by the department must:
1503	(d)  Not be a chronic and habitual user of alcoholic
1504	beverages to the extent that her or his normal faculties are
1505	impaired; not have been committed under chapter 397, former
1506	chapter 396, or a similar law in any other state; not have been
1507	found to be a habitual offender under s. 856.011(3) or a similar
1508	law in any other state; and not have had two or more convictions
1509	under s. 316.193 or a similar law in any other state within the
1510	3-year period immediately preceding the date the application was
1511	filed, unless the individual establishes that she or he is not
1512	currently impaired and has successfully completed a
1513	rehabilitation course.
1514	Section 37.  For the purpose of incorporating the amendment
1515	to section 316.193, Florida Statutes, in a reference thereto,
1516	subsection (4) of section 627.758, Florida Statutes, is
1517	reenacted to read:
1518	627.758  Surety on auto club traffic arrest bond;
1519	conditions, limit; bail bond.--
1520	(4)  Notwithstanding the provisions of s. 626.311 or
1521	chapter 648, any surety insurer identified in a guaranteed
1522	traffic arrest bond certificate or any licensed general lines
1523	agent of the surety insurer may execute a bail bond for the
1524	automobile club or association member identified in the
1525	guaranteed traffic arrest bond certificate in an amount not in
1526	excess of $5,000 for any violation of chapter 316 or any similar
1527	traffic law or ordinance except for driving under the influence
1528	of alcoholic beverages, chemical substances, or controlled
1529	substances, as prohibited by s. 316.193.
1530	Section 38.  For the purpose of incorporating the amendment
1531	to section 316.193, Florida Statutes, in references thereto,
1532	paragraph (f) of subsection (2) and paragraph (f) of subsection
1533	(10) of section 790.06, Florida Statutes, are reenacted to read:
1534	790.06  License to carry concealed weapon or firearm.--
1535	(2)  The Department of Agriculture and Consumer Services
1536	shall issue a license if the applicant:
1537	(f)  Does not chronically and habitually use alcoholic
1538	beverages or other substances to the extent that his or her
1539	normal faculties are impaired. It shall be presumed that an
1540	applicant chronically and habitually uses alcoholic beverages or
1541	other substances to the extent that his or her normal faculties
1542	are impaired if the applicant has been committed under chapter
1543	397 or under the provisions of former chapter 396 or has been
1544	convicted under s. 790.151 or has been deemed a habitual
1545	offender under s. 856.011(3), or has had two or more convictions
1546	under s. 316.193 or similar laws of any other state, within the
1547	3-year period immediately preceding the date on which the
1548	application is submitted;
1549	(10)  A license issued under this section shall be
1550	suspended or revoked pursuant to chapter 120 if the licensee:
1551	(f)  Is convicted of a second violation of s. 316.193, or a
1552	similar law of another state, within 3 years of a previous
1553	conviction of such section, or similar law of another state,
1554	even though the first violation may have occurred prior to the
1555	date on which the application was submitted;
1556	Section 39.  For the purpose of incorporating the amendment
1557	to section 316.193, Florida Statutes, in a reference thereto,
1558	subsection (2) of section 903.36, Florida Statutes, is reenacted
1559	to read:
1560	903.36  Guaranteed arrest bond certificates as cash bail.--
1561	(2)  The execution of a bail bond by a licensed general
1562	lines agent of a surety insurer for the automobile club or
1563	association member identified in the guaranteed traffic arrest
1564	bond certificate, as provided in s. 627.758(4), shall be
1565	accepted as bail in an amount not to exceed $5,000 for the
1566	appearance of the person named in the certificate in any court
1567	to answer for the violation of a provision of chapter 316 or a
1568	similar traffic law or ordinance, except driving under the
1569	influence of alcoholic beverages, chemical substances, or
1570	controlled substances, as prohibited by s. 316.193. Presentation
1571	of the guaranteed traffic arrest bond certificate and a power of
1572	attorney from the surety insurer for its licensed general lines
1573	agents is authorization for such agent to execute the bail bond.
1574	Section 40.  For the purpose of incorporating the amendment
1575	to section 316.193, Florida Statutes, in references thereto,
1576	paragraph (c) of subsection (4) of section 907.041, Florida
1577	Statutes, is reenacted to read:
1578	907.041  Pretrial detention and release.--
1579	(4)  PRETRIAL DETENTION.--
1580	(c)  The court may order pretrial detention if it finds a
1581	substantial probability, based on a defendant's past and present
1582	patterns of behavior, the criteria in s. 903.046, and any other
1583	relevant facts, that any of the following circumstances exists:
1584	1.  The defendant has previously violated conditions of
1585	release and that no further conditions of release are reasonably
1586	likely to assure the defendant's appearance at subsequent
1587	proceedings;
1588	2.  The defendant, with the intent to obstruct the judicial
1589	process, has threatened, intimidated, or injured any victim,
1590	potential witness, juror, or judicial officer, or has attempted
1591	or conspired to do so, and that no condition of release will
1592	reasonably prevent the obstruction of the judicial process;
1593	3.  The defendant is charged with trafficking in controlled
1594	substances as defined by s. 893.135, that there is a substantial
1595	probability that the defendant has committed the offense, and
1596	that no conditions of release will reasonably assure the
1597	defendant's appearance at subsequent criminal proceedings; or
1598	4.  The defendant is charged with DUI manslaughter, as
1599	defined by s. 316.193, and that there is a substantial
1600	probability that the defendant committed the crime and that the
1601	defendant poses a threat of harm to the community; conditions
1602	that would support a finding by the court pursuant to this
1603	subparagraph that the defendant poses a threat of harm to the
1604	community include, but are not limited to, any of the following:
1605	a.  The defendant has previously been convicted of any
1606	crime under s. 316.193, or of any crime in any other state or
1607	territory of the United States that is substantially similar to
1608	any crime under s. 316.193;
1609	b.  The defendant was driving with a suspended driver's
1610	license when the charged crime was committed; or
1611	c.  The defendant has previously been found guilty of, or
1612	has had adjudication of guilt withheld for, driving while the
1613	defendant's driver's license was suspended or revoked in
1614	violation of s. 322.34;
1615	5.  The defendant poses the threat of harm to the
1616	community. The court may so conclude, if it finds that the
1617	defendant is presently charged with a dangerous crime, that
1618	there is a substantial probability that the defendant committed
1619	such crime, that the factual circumstances of the crime indicate
1620	a disregard for the safety of the community, and that there are
1621	no conditions of release reasonably sufficient to protect the
1622	community from the risk of physical harm to persons.
1623	6.  The defendant was on probation, parole, or other
1624	release pending completion of sentence or on pretrial release
1625	for a dangerous crime at the time the current offense was
1626	committed; or
1627	7.  The defendant has violated one or more conditions of
1628	pretrial release or bond for the offense currently before the
1629	court and the violation, in the discretion of the court,
1630	supports a finding that no conditions of release can reasonably
1631	protect the community from risk of physical harm to persons or
1632	assure the presence of the accused at trial.
1633	Section 41.  For the purpose of incorporating the
1634	amendments to sections 316.193 and 327.35, Florida Statutes, in
1635	references thereto, section 938.07, Florida Statutes, is
1636	reenacted to read:
1637	938.07  Driving or boating under the
1638	influence.--Notwithstanding any other provision of s. 316.193 or
1639	s. 327.35, a court cost of $135 shall be added to any fine
1640	imposed pursuant to s. 316.193 or s. 327.35. The clerks shall
1641	remit the funds to the Department of Revenue, $25 of which shall
1642	be deposited in the Emergency Medical Services Trust Fund, $50
1643	shall be deposited in the Criminal Justice Standards and
1644	Training Trust Fund of the Department of Law Enforcement to be
1645	used for operational expenses in conducting the statewide
1646	criminal analysis laboratory system established in s. 943.32,
1647	and $60 shall be deposited in the Brain and Spinal Cord Injury
1648	Rehabilitation Trust Fund created in s. 381.79.
1649	Section 42.  For the purpose of incorporating the amendment
1650	to section 316.193, Florida Statutes, in a reference thereto,
1651	section 938.21, Florida Statutes, is reenacted to read:
1652	938.21  Alcohol and drug abuse programs.--Notwithstanding
1653	any provision to the contrary of the laws of this state, the
1654	court may assess for alcohol and other drug abuse programs as
1655	provided in s. 893.165 any defendant who pleads guilty or nolo
1656	contendere to, or is convicted of, a violation of any provision
1657	of chapter 893 or which involves a criminal violation of s.
1658	316.193, s. 856.011, s. 856.015, or chapter 562, chapter 567, or
1659	chapter 568, in addition to any fine and other penalty provided
1660	by law, a court cost in an amount up to the amount of the fine
1661	authorized for the violation. The court is authorized to order a
1662	defendant to pay an additional assessment if it finds that the
1663	defendant has the ability to pay the fine and the additional
1664	assessment and will not be prevented thereby from being
1665	rehabilitated or from making restitution.
1666	Section 43.  For the purpose of incorporating the amendment
1667	to section 316.193, Florida Statutes, in a reference thereto,
1668	subsection (1) of section 938.23, Florida Statutes, is reenacted
1669	to read:
1670	938.23  Assistance grants for alcohol and other drug abuse
1671	programs.--
1672	(1)  In addition to any fine imposed by law for any
1673	criminal offense under chapter 893 or for any criminal violation
1674	of s. 316.193, s. 856.011, s. 856.015, or chapter 562, chapter
1675	567, or chapter 568, the court shall be authorized, pursuant to
1676	the requirements of s. 938.21, to impose an additional
1677	assessment in an amount up to the amount of the fine authorized
1678	for the offense. Such additional assessments shall be deposited
1679	for the purpose of providing assistance grants to drug abuse
1680	treatment or alcohol treatment or education programs as provided
1681	in s. 893.165.
1682	Section 44.  For the purpose of incorporating the amendment
1683	to section 316.193, Florida Statutes, in references thereto,
1684	paragraph (d) of subsection (2) of section 943.05, Florida
1685	Statutes, is reenacted to read:
1686	943.05  Criminal Justice Information Program; duties; crime
1687	reports.--
1688	(2)  The program shall:
1689	(d)  Adopt rules to effectively and efficiently implement,
1690	administer, manage, maintain, and use the automated fingerprint
1691	identification system and uniform offense reports and arrest
1692	reports. The rules shall be considered minimum requirements and
1693	shall not preclude a criminal justice agency from implementing
1694	its own enhancements. However, rules and forms prescribing
1695	uniform arrest or probable cause affidavits and alcohol
1696	influence reports to be used by all law enforcement agencies in
1697	making DUI arrests under s. 316.193 shall be adopted, and shall
1698	be used by all law enforcement agencies in this state. The rules
1699	and forms prescribing such uniform affidavits and reports shall
1700	be adopted and implemented by July 1, 2004. Failure to use these
1701	uniform affidavits and reports, however, shall not prohibit
1702	prosecution under s. 316.193.
1703	Section 45.  For the purpose of incorporating the amendment
1704	to section 316.193, Florida Statutes, in a reference thereto,
1705	subsection (2) of section 948.036, Florida Statutes, is
1706	reenacted to read:
1707	948.036  Work programs as a condition of probation,
1708	community control, or other court-ordered community
1709	supervision.--
1710	(2)  In determining the average weekly wage, unless
1711	otherwise determined by a specific funding program, all
1712	remuneration received from the employer shall be considered a
1713	gratuity, and the offender shall not be entitled to any benefits
1714	otherwise payable under s. 440.15, regardless of whether the
1715	offender may be receiving wages and remuneration from other
1716	employment with another employer and regardless of his or her
1717	future wage-earning capacity. The provisions of this section do
1718	not apply to any person performing labor under a sentence of a
1719	court to perform community services as provided in s. 316.193.
1720	Section 46.  For the purpose of incorporating the amendment
1721	to section 316.193, Florida Statutes, in a reference thereto,
1722	paragraph (b) of subsection (3) of section 960.03, Florida
1723	Statutes, is reenacted to read:
1724	960.03  Definitions; ss. 960.01-960.28.--As used in ss.
1725	960.01-960.28, unless the context otherwise requires, the term:
1726	(3)  "Crime" means:
1727	(b)  A violation of s. 316.193, s. 316.027(1), s.
1728	327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results in
1729	physical injury or death; however, no other act involving the
1730	operation of a motor vehicle, boat, or aircraft which results in
1731	injury or death shall constitute a crime for the purpose of this
1732	chapter unless the injury or death was intentionally inflicted
1733	through the use of such vehicle, boat, or aircraft or unless
1734	such vehicle, boat, or aircraft is an implement of a crime to
1735	which this act applies.
1736	Section 47.  For the purpose of incorporating the amendment
1737	to section 327.35, Florida Statutes, in a reference thereto,
1738	subsection (3) of section 327.352, Florida Statutes, is
1739	reenacted to read:
1740	327.352  Tests for alcohol, chemical substances, or
1741	controlled substances; implied consent; refusal.--
1742	(3)  Notwithstanding any provision of law pertaining to the
1743	confidentiality of hospital records or other medical records,
1744	information relating to the alcoholic content of the blood or
1745	breath or the presence of chemical substances or controlled
1746	substances in the blood obtained pursuant to this section shall
1747	be released to a court, prosecuting attorney, defense attorney,
1748	or law enforcement officer in connection with an alleged
1749	violation of s. 327.35 upon request for such information.
1750	Section 48.  For the purpose of incorporating the amendment
1751	to section 327.35, Florida Statutes, in references thereto,
1752	subsections (1) and (2) of section 327.35215, Florida Statutes,
1753	are reenacted to read:
1754	327.35215  Penalty for failure to submit to test.--
1755	(1)  A person who is lawfully arrested for an alleged
1756	violation of s. 327.35 and who refuses to submit to a blood
1757	test, breath test, or urine test pursuant to s. 327.352 is
1758	subject to a civil penalty of $500.
1759	(2)  When a person refuses to submit to a blood test,
1760	breath test, or urine test pursuant to s. 327.352, a law
1761	enforcement officer who is authorized to make arrests for
1762	violations of this chapter shall file with the clerk of the
1763	court, on a form provided by the department, a certified
1764	statement that probable cause existed to arrest the person for a
1765	violation of s. 327.35 and that the person refused to submit to
1766	a test as required by s. 327.352. Along with the statement, the
1767	officer must also submit a sworn statement on a form provided by
1768	the department that the person has been advised of both the
1769	penalties for failure to submit to the blood, breath, or urine
1770	test and the procedure for requesting a hearing.
1771	Section 49.  For the purpose of incorporating the amendment
1772	to section 327.35, Florida Statutes, in a reference thereto,
1773	subsection (4) of section 327.353, Florida Statutes, is
1774	reenacted to read:
1775	327.353  Blood test for impairment or intoxication in cases
1776	of death or serious bodily injury; right to use reasonable
1777	force.--
1778	(4)  Notwithstanding any provision of law pertaining to the
1779	confidentiality of hospital records or other medical records,
1780	information relating to the alcoholic content of the blood or
1781	the presence of chemical substances or controlled substances in
1782	the blood obtained pursuant to this section shall be released to
1783	a court, prosecuting attorney, defense attorney, or law
1784	enforcement officer in connection with an alleged violation of
1785	s. 327.35 upon request for such information.
1786	Section 50.  For the purpose of incorporating the amendment
1787	to section 327.35, Florida Statutes, in references thereto,
1788	subsections (1) and (4) of section 327.354, Florida Statutes,
1789	are reenacted to read:
1790	327.354  Presumption of impairment; testing methods.--
1791	(1)  It is unlawful and punishable as provided in s. 327.35
1792	for any person who is under the influence of alcoholic beverages
1793	or controlled substances, when affected to the extent that the
1794	person's normal faculties are impaired or to the extent that the
1795	person is deprived of full possession of normal faculties, to
1796	operate any vessel within this state. Such normal faculties
1797	include, but are not limited to, the ability to see, hear, walk,
1798	talk, judge distances, drive an automobile, make judgments, act
1799	in emergencies, and, in general, normally perform the many
1800	mental and physical acts of daily life.
1801	(4)  Any person charged with a violation of s. 327.35 is
1802	entitled to trial by jury according to the Florida Rules of
1803	Criminal Procedure.
1804	Section 51.  For the purpose of incorporating the amendment
1805	to section 327.35, Florida Statutes, in references thereto,
1806	paragraph (a) of subsection (1) and subsection (4) of section
1807	327.355, Florida Statutes, are reenacted to read:
1808	327.355  Operation of vessels by persons under 21 years of
1809	age who have consumed alcoholic beverages.--
1810	(1)(a)  Notwithstanding s. 327.35, it is unlawful for a
1811	person under the age of 21 who has a breath-alcohol level of
1812	0.02 or higher to operate or be in actual physical control of a
1813	vessel.
1814	(4)  A violation of this section is a noncriminal
1815	infraction, and being detained pursuant to this section does not
1816	constitute an arrest. This section does not bar prosecution
1817	under s. 327.35, and the penalties provided herein shall be
1818	imposed in addition to any other penalty provided for boating
1819	under the influence or for refusal to submit to testing.
1820	Section 52.  For the purpose of incorporating the amendment
1821	to section 327.35, Florida Statutes, in a reference thereto,
1822	subsection (2) of section 327.359, Florida Statutes, is
1823	reenacted to read:
1824	327.359  Refusal to submit to testing; penalties.--Any
1825	person who has refused to submit to a chemical or physical test
1826	of his or her breath, blood, or urine, as described in s.
1827	327.352, and who has been previously fined for refusal to submit
1828	to a lawful test of his or her breath, urine, or blood, and:
1829	(2)  Who was placed under lawful arrest for a violation of
1830	s. 327.35 unless such test was requested pursuant to s.
1831	327.352(1)(c);
1832
1833	commits a misdemeanor of the first degree and is subject to
1834	punishment as provided in s. 775.082 or s. 775.083.
1835	Section 53.  For the purpose of incorporating the amendment
1836	to section 327.35, Florida Statutes, in references thereto,
1837	section 327.36, Florida Statutes, is reenacted to read:
1838	327.36  Mandatory adjudication; prohibition against
1839	accepting plea to lesser included offense.--
1840	(1)  Notwithstanding the provisions of s. 948.01, no court
1841	may suspend, defer, or withhold adjudication of guilt or
1842	imposition of sentence for any violation of s. 327.35, for
1843	manslaughter resulting from the operation of a vessel, or for
1844	vessel homicide.
1845	(2)(a)  No trial judge may accept a plea of guilty to a
1846	lesser offense from a person who is charged with a violation of
1847	s. 327.35, manslaughter resulting from the operation of a
1848	vessel, or vessel homicide and who has been given a breath or
1849	blood test to determine blood or breath alcohol content, the
1850	results of which show a blood-alcohol level or breath-alcohol
1851	level of 0.16 or more.
1852	(b)  A trial judge may not accept a plea of guilty to a
1853	lesser offense from a person charged with a felony violation of
1854	s. 327.35, manslaughter resulting from the operation of a
1855	vessel, or vessel homicide.
1856	Section 54.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.