Senate Bill sb1296

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    Florida Senate - 2006                                  SB 1296

    By Senator Smith





    14-775-06

  1                      A bill to be entitled

  2         An act relating to driving or boating under the

  3         influence; amending s. 316.193, F.S.; revising

  4         the level of alcohol content in blood or breath

  5         at which certain penalties apply for the

  6         offense of driving under the influence;

  7         amending s. 316.656, F.S.; revising the level

  8         of alcohol content in blood or breath at which

  9         the prohibition against accepting a plea to a

10         lesser offense applies; amending s. 327.35,

11         F.S.; revising the level of alcohol content in

12         blood or breath at which certain penalties

13         apply for the offense of boating under the

14         influence; reenacting ss. 142.01(1),

15         316.066(3)(a), 316.072(4)(b), 316.1932(3),

16         316.1933(4), 316.1934(1) and (4), 316.1937(1)

17         and (2)(d), 316.1939(1), 318.143(4) and (5),

18         318.17, 320.055(1)(b), 322.03(2),

19         322.0602(2)(a), 322.21(8), 322.25(5),

20         322.26(1)(a), 322.2615(1), (2), (7), (8)(b),

21         (10)(b), (14)(a), and (16), 322.2616(1)(a),

22         (15), and (19), 322.264(1), 322.271(2)(a),

23         (2)(c), and (4), 322.2715(2), (3), and (4),

24         322.28(2), 322.282(2)(a), 322.291,

25         322.34(9)(a), 322.44, 322.62(3), 322.63(2)(d)

26         and (6), 322.64(1), (2), (7)(a), (8)(b), (14),

27         and (15), 323.001(4), 324.131, 327.35(6),

28         397.405(10), 440.02(17)(c), 440.09(7)(b),

29         493.6106(1)(d), 627.7275(2)(a), 627.758(4),

30         790.06(2) and (10), 903.36(2), 907.041(4)(c),

31         938.07, 938.21, 938.23(1), 943.05(2)(d),

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 1         948.036(2), and 960.03(3)(b), F.S.;

 2         incorporating the amendment to s. 316.193,

 3         F.S., in references thereto; reenacting ss.

 4         142.01(1), 327.352(3), 327.35215(1) and (2),

 5         327.353(4), 327.354(1) and (4), 327.355(1)(a)

 6         and (4), 327.359, 327.36, and 938.07, F.S.;

 7         incorporating the amendment to s. 327.35, F.S.,

 8         in references thereto; providing an effective

 9         date.

10  

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

12  

13         Section 1.  Section 316.193, Florida Statutes, is

14  amended to read:

15         316.193  Driving under the influence; penalties.--

16         (1)  A person is guilty of the offense of driving under

17  the influence and is subject to punishment as provided in

18  subsection (2) if the person is driving or in actual physical

19  control of a vehicle within this state and:

20         (a)  The person is under the influence of alcoholic

21  beverages, any chemical substance set forth in s. 877.111, or

22  any substance controlled under chapter 893, when affected to

23  the extent that the person's normal faculties are impaired;

24         (b)  The person has a blood-alcohol level of 0.08 or

25  more grams of alcohol per 100 milliliters of blood; or

26         (c)  The person has a breath-alcohol level of 0.08 or

27  more grams of alcohol per 210 liters of breath.

28         (2)(a)  Except as provided in paragraph (b), subsection

29  (3), or subsection (4), any person who is convicted of a

30  violation of subsection (1) shall be punished:

31         1.  By a fine of:

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 1         a.  Not less than $250 or more than $500 for a first

 2  conviction.

 3         b.  Not less than $500 or more than $1,000 for a second

 4  conviction; and

 5         2.  By imprisonment for:

 6         a.  Not more than 6 months for a first conviction.

 7         b.  Not more than 9 months for a second conviction.

 8         3.  For a second conviction, by mandatory placement for

 9  a period of at least 1 year, at the convicted person's sole

10  expense, of an ignition interlock device approved by the

11  department in accordance with s. 316.1938 upon all vehicles

12  that are individually or jointly leased or owned and routinely

13  operated by the convicted person, when the convicted person

14  qualifies for a permanent or restricted license. The

15  installation of such device may not occur before July 1, 2003.

16         (b)1.  Any person who is convicted of a third violation

17  of this section for an offense that occurs within 10 years

18  after a prior conviction for a violation of this section

19  commits a felony of the third degree, punishable as provided

20  in s. 775.082, s. 775.083, or s. 775.084. In addition, the

21  court shall order the mandatory placement for a period of not

22  less than 2 years, at the convicted person's sole expense, of

23  an ignition interlock device approved by the department in

24  accordance with s. 316.1938 upon all vehicles that are

25  individually or jointly leased or owned and routinely operated

26  by the convicted person, when the convicted person qualifies

27  for a permanent or restricted license. The installation of

28  such device may not occur before July 1, 2003.

29         2.  Any person who is convicted of a third violation of

30  this section for an offense that occurs more than 10 years

31  after the date of a prior conviction for a violation of this

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 1  section shall be punished by a fine of not less than $1,000 or

 2  more than $2,500 and by imprisonment for not more than 12

 3  months. In addition, the court shall order the mandatory

 4  placement for a period of at least 2 years, at the convicted

 5  person's sole expense, of an ignition interlock device

 6  approved by the department in accordance with s. 316.1938 upon

 7  all vehicles that are individually or jointly leased or owned

 8  and routinely operated by the convicted person, when the

 9  convicted person qualifies for a permanent or restricted

10  license. The installation of such device may not occur before

11  July 1, 2003.

12         3.  Any person who is convicted of a fourth or

13  subsequent violation of this section, regardless of when any

14  prior conviction for a violation of this section occurred,

15  commits a felony of the third degree, punishable as provided

16  in s. 775.082, s. 775.083, or s. 775.084. However, the fine

17  imposed for such fourth or subsequent violation may be not

18  less than $1,000.

19         (3)  Any person:

20         (a)  Who is in violation of subsection (1);

21         (b)  Who operates a vehicle; and

22         (c)  Who, by reason of such operation, causes or

23  contributes to causing:

24         1.  Damage to the property or person of another commits

25  a misdemeanor of the first degree, punishable as provided in

26  s. 775.082 or s. 775.083.

27         2.  Serious bodily injury to another, as defined in s.

28  316.1933, commits a felony of the third degree, punishable as

29  provided in s. 775.082, s. 775.083, or s. 775.084.

30         3.  The death of any human being or unborn quick child

31  commits DUI manslaughter, and commits:

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 1         a.  A felony of the second degree, punishable as

 2  provided in s. 775.082, s. 775.083, or s. 775.084.

 3         b.  A felony of the first degree, punishable as

 4  provided in s. 775.082, s. 775.083, or s. 775.084, if:

 5         (I)  At the time of the crash, the person knew, or

 6  should have known, that the crash occurred; and

 7         (II)  The person failed to give information and render

 8  aid as required by s. 316.062.

 9  

10  For purposes of this subsection, the definition of the term

11  "unborn quick child" shall be determined in accordance with

12  the definition of viable fetus as set forth in s. 782.071.

13         (4)(a)  Any person who is convicted of a violation of

14  subsection (1) and who has a blood-alcohol level or

15  breath-alcohol level of 0.16 0.20 or higher, or any person who

16  is convicted of a violation of subsection (1) and who at the

17  time of the offense was accompanied in the vehicle by a person

18  under the age of 18 years, shall be punished:

19         1.(a)  By a fine of:

20         a.1.  Not less than $500 or more than $1,000 for a

21  first conviction.

22         b.2.  Not less than $1,000 or more than $2,000 for a

23  second conviction.

24         c.3.  Not less than $2,000 for a third or subsequent

25  conviction.

26         2.(b)  By imprisonment for:

27         a.1.  Not more than 9 months for a first conviction.

28         b.2.  Not more than 12 months for a second conviction.

29  

30  For the purposes of this subsection, only the instant offense

31  is required to be a violation of subsection (1) by a person

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 1  who has a blood-alcohol level or breath-alcohol level of 0.20

 2  or higher.

 3         (b)(c)  In addition to the penalties in paragraph

 4  paragraphs (a) and (b), the court shall order the mandatory

 5  placement, at the convicted person's sole expense, of an

 6  ignition interlock device approved by the department in

 7  accordance with s. 316.1938 upon all vehicles that are

 8  individually or jointly leased or owned and routinely operated

 9  by the convicted person for up to 6 months for the first

10  offense and for at least 2 years for a second offense, when

11  the convicted person qualifies for a permanent or restricted

12  license. The installation of such device may not occur before

13  July 1, 2003.

14  

15  For purposes of this subsection, only the instant offense is

16  required to be a violation of subsection (1) by a person who

17  has a blood-alcohol level or breath-alcohol level of 0.16 or

18  higher.

19         (5)  The court shall place all offenders convicted of

20  violating this section on monthly reporting probation and

21  shall require completion of a substance abuse course conducted

22  by a DUI program licensed by the department under s. 322.292,

23  which must include a psychosocial evaluation of the offender.

24  If the DUI program refers the offender to an authorized

25  substance abuse treatment provider for substance abuse

26  treatment, in addition to any sentence or fine imposed under

27  this section, completion of all such education, evaluation,

28  and treatment is a condition of reporting probation.  The

29  offender shall assume reasonable costs for such education,

30  evaluation, and treatment. The referral to treatment resulting

31  from a psychosocial evaluation shall not be waived without a

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 1  supporting independent psychosocial evaluation conducted by an

 2  authorized substance abuse treatment provider appointed by the

 3  court, which shall have access to the DUI program's

 4  psychosocial evaluation before the independent psychosocial

 5  evaluation is conducted. The court shall review the results

 6  and recommendations of both evaluations before determining the

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

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

 9  alcohol or any substance named or described in Schedules I

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

11  under this subsection fails to report for or complete such

12  treatment or fails to complete the DUI program substance abuse

13  education course and evaluation, the DUI program shall notify

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

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

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

17  suspension or revocation of the driving privilege.  The

18  department may temporarily reinstate the driving privilege on

19  a restricted basis upon verification from the DUI program that

20  the offender is currently participating in treatment and the

21  DUI education course and evaluation requirement has been

22  completed. If the DUI program notifies the department of the

23  second failure to complete treatment, the department shall

24  reinstate the driving privilege only after notice of

25  completion of treatment from the DUI program.  The

26  organization that conducts the substance abuse education and

27  evaluation may not provide required substance abuse treatment

28  unless a waiver has been granted to that organization by the

29  department.  A waiver may be granted only if the department

30  determines, in accordance with its rules, that the service

31  provider that conducts the substance abuse education and

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 1  evaluation is the most appropriate service provider and is

 2  licensed under chapter 397 or is exempt from such licensure. A

 3  statistical referral report shall be submitted quarterly to

 4  the department by each organization authorized to provide

 5  services under this section.

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

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

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

 9         (a)  For the first conviction, the court shall place

10  the defendant on probation for a period not to exceed 1 year

11  and, as a condition of such probation, shall order the

12  defendant to participate in public service or a community work

13  project for a minimum of 50 hours; or the court may order

14  instead, that any defendant pay an additional fine of $10 for

15  each hour of public service or community work otherwise

16  required, if, after consideration of the residence or location

17  of the defendant at the time public service or community work

18  is required, payment of the fine is in the best interests of

19  the state. However, the total period of probation and

20  incarceration may not exceed 1 year. The court must also, as a

21  condition of probation, order the impoundment or

22  immobilization of the vehicle that was operated by or in the

23  actual control of the defendant or any one vehicle registered

24  in the defendant's name at the time of impoundment or

25  immobilization, for a period of 10 days or for the unexpired

26  term of any lease or rental agreement that expires within 10

27  days. The impoundment or immobilization must not occur

28  concurrently with the incarceration of the defendant.  The

29  impoundment or immobilization order may be dismissed in

30  accordance with paragraph (e), paragraph (f), paragraph (g),

31  or paragraph (h).

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 1         (b)  For the second conviction for an offense that

 2  occurs within a period of 5 years after the date of a prior

 3  conviction for violation of this section, the court shall

 4  order imprisonment for not less than 10 days. The court must

 5  also, as a condition of probation, order the impoundment or

 6  immobilization of all vehicles owned by the defendant at the

 7  time of impoundment or immobilization, for a period of 30 days

 8  or for the unexpired term of any lease or rental agreement

 9  that expires within 30 days. The impoundment or immobilization

10  must not occur concurrently with the incarceration of the

11  defendant and must occur concurrently with the driver's

12  license revocation imposed under s. 322.28(2)(a)2.  The

13  impoundment or immobilization order may be dismissed in

14  accordance with paragraph (e), paragraph (f), paragraph (g),

15  or paragraph (h).  At least 48 hours of confinement must be

16  consecutive.

17         (c)  For the third or subsequent conviction for an

18  offense that occurs within a period of 10 years after the date

19  of a prior conviction for violation of this section, the court

20  shall order imprisonment for not less than 30 days. The court

21  must also, as a condition of probation, order the impoundment

22  or immobilization of all vehicles owned by the defendant at

23  the time of impoundment or immobilization, for a period of 90

24  days or for the unexpired term of any lease or rental

25  agreement that expires within 90 days. The impoundment or

26  immobilization must not occur concurrently with the

27  incarceration of the defendant and must occur concurrently

28  with the driver's license revocation imposed under s.

29  322.28(2)(a)3.  The impoundment or immobilization order may be

30  dismissed in accordance with paragraph (e), paragraph (f),

31  

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 1  paragraph (g), or paragraph (h). At least 48 hours of

 2  confinement must be consecutive.

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

 4  defendant issue an order for the impoundment or immobilization

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

 6  court issues the order of impoundment or immobilization, the

 7  clerk of the court must send notice by certified mail, return

 8  receipt requested, to the registered owner of each vehicle, if

 9  the registered owner is a person other than the defendant, and

10  to each person of record claiming a lien against the vehicle.

11         (e)  A person who owns but was not operating the

12  vehicle when the offense occurred may submit to the court a

13  police report indicating that the vehicle was stolen at the

14  time of the offense or documentation of having purchased the

15  vehicle after the offense was committed from an entity other

16  than the defendant or the defendant's agent. If the court

17  finds that the vehicle was stolen or that the sale was not

18  made to circumvent the order and allow the defendant continued

19  access to the vehicle, the order must be dismissed and the

20  owner of the vehicle will incur no costs. If the court denies

21  the request to dismiss the order of impoundment or

22  immobilization, the petitioner may request an evidentiary

23  hearing.

24         (f)  A person who owns but was not operating the

25  vehicle when the offense occurred, and whose vehicle was

26  stolen or who purchased the vehicle after the offense was

27  committed directly from the defendant or the defendant's

28  agent, may request an evidentiary hearing to determine whether

29  the impoundment or immobilization should occur. If the court

30  finds that either the vehicle was stolen or the purchase was

31  made without knowledge of the offense, that the purchaser had

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 1  no relationship to the defendant other than through the

 2  transaction, and that such purchase would not circumvent the

 3  order and allow the defendant continued access to the vehicle,

 4  the order must be dismissed and the owner of the vehicle will

 5  incur no costs.

 6         (g)  The court shall also dismiss the order of

 7  impoundment or immobilization of the vehicle if the court

 8  finds that the family of the owner of the vehicle has no other

 9  private or public means of transportation.

10         (h)  The court may also dismiss the order of

11  impoundment or immobilization of any vehicles that are owned

12  by the defendant but that are operated solely by the employees

13  of the defendant or any business owned by the defendant.

14         (i)  All costs and fees for the impoundment or

15  immobilization, including the cost of notification, must be

16  paid by the owner of the vehicle or, if the vehicle is leased

17  or rented, by the person leasing or renting the vehicle,

18  unless the impoundment or immobilization order is dismissed.

19  All provisions of s. 713.78 shall apply.

20         (j)  The person who owns a vehicle that is impounded or

21  immobilized under this paragraph, or a person who has a lien

22  of record against such a vehicle and who has not requested a

23  review of the impoundment pursuant to paragraph (e), paragraph

24  (f), or paragraph (g), may, within 10 days after the date that

25  person has knowledge of the location of the vehicle, file a

26  complaint in the county in which the owner resides to

27  determine whether the vehicle was wrongfully taken or withheld

28  from the owner or lienholder. Upon the filing of a complaint,

29  the owner or lienholder may have the vehicle released by

30  posting with the court a bond or other adequate security equal

31  to the amount of the costs and fees for impoundment or

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 1  immobilization, including towing or storage, to ensure the

 2  payment of such costs and fees if the owner or lienholder does

 3  not prevail. When the bond is posted and the fee is paid as

 4  set forth in s. 28.24, the clerk of the court shall issue a

 5  certificate releasing the vehicle. At the time of release,

 6  after reasonable inspection, the owner or lienholder must give

 7  a receipt to the towing or storage company indicating any loss

 8  or damage to the vehicle or to the contents of the vehicle.

 9         (k)  A defendant, in the court's discretion, may be

10  required to serve all or any portion of a term of imprisonment

11  to which the defendant has been sentenced pursuant to this

12  section in a residential alcoholism treatment program or a

13  residential drug abuse treatment program. Any time spent in

14  such a program must be credited by the court toward the term

15  of imprisonment.

16  

17  For the purposes of this section, any conviction for a

18  violation of s. 327.35; a previous conviction for the

19  violation of former s. 316.1931, former s. 860.01, or former

20  s. 316.028; or a previous conviction outside this state for

21  driving under the influence, driving while intoxicated,

22  driving with an unlawful blood-alcohol level, driving with an

23  unlawful breath-alcohol level, or any other similar

24  alcohol-related or drug-related traffic offense, is also

25  considered a previous conviction for violation of this

26  section. However, in satisfaction of the fine imposed pursuant

27  to this section, the court may, upon a finding that the

28  defendant is financially unable to pay either all or part of

29  the fine, order that the defendant participate for a specified

30  additional period of time in public service or a community

31  work project in lieu of payment of that portion of the fine

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 1  which the court determines the defendant is unable to pay. In

 2  determining such additional sentence, the court shall consider

 3  the amount of the unpaid portion of the fine and the

 4  reasonable value of the services to be ordered; however, the

 5  court may not compute the reasonable value of services at a

 6  rate less than the federal minimum wage at the time of

 7  sentencing.

 8         (7)  A conviction under this section does not bar any

 9  civil suit for damages against the person so convicted.

10         (8)  At the arraignment, or in conjunction with any

11  notice of arraignment provided by the clerk of the court, the

12  clerk shall provide any person charged with a violation of

13  this section with notice that upon conviction the court shall

14  suspend or revoke the offender's driver's license and that the

15  offender should make arrangements for transportation at any

16  proceeding in which the court may take such action.  Failure

17  to provide such notice does not affect the court's suspension

18  or revocation of the offender's driver's license.

19         (9)  A person who is arrested for a violation of this

20  section may not be released from custody:

21         (a)  Until the person is no longer under the influence

22  of alcoholic beverages, any chemical substance set forth in s.

23  877.111, or any substance controlled under chapter 893 and

24  affected to the extent that his or her normal faculties are

25  impaired;

26         (b)  Until the person's blood-alcohol level or

27  breath-alcohol level is less than 0.05; or

28         (c)  Until 8 hours have elapsed from the time the

29  person was arrested.

30         (10)  The rulings of the Department of Highway Safety

31  and Motor Vehicles under s. 322.2615 shall not be considered

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 1  in any trial for a violation of this section. Testimony or

 2  evidence from the administrative proceedings or any written

 3  statement submitted by a person in his or her request for

 4  administrative review is inadmissible into evidence or for any

 5  other purpose in any criminal proceeding, unless timely

 6  disclosed in criminal discovery pursuant to Rule 3.220,

 7  Florida Rules of Criminal Procedure.

 8         (11)  The Department of Highway Safety and Motor

 9  Vehicles is directed to adopt rules providing for the

10  implementation of the use of ignition interlock devices.

11         (12)  If the records of the Department of Highway

12  Safety and Motor Vehicles show that the defendant has been

13  previously convicted of the offense of driving under the

14  influence, that evidence is sufficient by itself to establish

15  that prior conviction for driving under the influence.

16  However, such evidence may be contradicted or rebutted by

17  other evidence. This presumption may be considered along with

18  any other evidence presented in deciding whether the defendant

19  has been previously convicted of the offense of driving under

20  the influence.

21         Section 2.  Section 316.656, Florida Statutes, is

22  amended to read:

23         316.656  Mandatory adjudication; prohibition against

24  accepting plea to lesser included offense.--

25         (1)  Notwithstanding the provisions of s. 948.01, a no

26  court may not suspend, defer, or withhold adjudication of

27  guilt or imposition of sentence for any violation of s.

28  316.193, for manslaughter resulting from the operation of a

29  motor vehicle, or for vehicular homicide.

30         (2)(a)  No trial judge may accept a plea of guilty to a

31  lesser offense from a person charged under the provisions of

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 1  this act who has been given a breath or blood test to

 2  determine blood or breath alcohol content, the results of

 3  which show a blood or breath alcohol content by weight of 0.16

 4  0.20 percent or more.

 5         (b)  No trial judge may accept a plea of guilty to a

 6  lesser offense from a person charged with a violation of s.

 7  316.193(3), manslaughter resulting from the operation of a

 8  motor vehicle, or vehicular homicide.

 9         Section 3.  Subsection (4) of section 327.35, Florida

10  Statutes, is amended, and subsection (6) of that section is

11  reenacted, to read:

12         327.35  Boating under the influence; penalties;

13  "designated drivers".--

14         (4)  Any person who is convicted of a violation of

15  subsection (1) and who has a blood-alcohol level or

16  breath-alcohol level of 0.16 0.20 or higher, or any person who

17  is convicted of a violation of subsection (1) and who at the

18  time of the offense was accompanied in the vessel by a person

19  under the age of 18 years, shall be punished:

20         (a)  By a fine of:

21         1.  Not less than $500 or more than $1,000 for a first

22  conviction.

23         2.  Not less than $1,000 or more than $2,000 for a

24  second conviction.

25         3.  Not less than $2,000 for a third or subsequent

26  conviction.

27         (b)  By imprisonment for:

28         1.  Not more than 9 months for a first conviction.

29         2.  Not more than 12 months for a second conviction.

30  

31  

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 1  For the purposes of this subsection, only the instant offense

 2  is required to be a violation of subsection (1) by a person

 3  who has a blood-alcohol level or breath-alcohol level of 0.16

 4  0.20 or higher.

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

 6  violation of subsection (1), regardless of any other penalty

 7  imposed:

 8         (a)  For the first conviction, the court shall place

 9  the defendant on probation for a period not to exceed 1 year

10  and, as a condition of such probation, shall order the

11  defendant to participate in public service or a community work

12  project for a minimum of 50 hours.   The court must also, as a

13  condition of probation, order the impoundment or

14  immobilization of the vessel that was operated by or in the

15  actual control of the defendant or any one vehicle registered

16  in the defendant's name at the time of impoundment or

17  immobilization, for a period of 10 days or for the unexpired

18  term of any lease or rental agreement that expires within 10

19  days. The impoundment or immobilization must not occur

20  concurrently with the incarceration of the defendant.  The

21  impoundment or immobilization order may be dismissed in

22  accordance with paragraph (e) or paragraph (f). The total

23  period of probation and incarceration may not exceed 1 year.

24         (b)  For the second conviction for an offense that

25  occurs within a period of 5 years after the date of a prior

26  conviction for violation of this section, the court shall

27  order imprisonment for not less than 10 days. The court must

28  also, as a condition of probation, order the impoundment or

29  immobilization of the vessel that was operated by or in the

30  actual control of the defendant or any one vehicle registered

31  in the defendant's name at the time of impoundment or

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 1  immobilization, for a period of 30 days or for the unexpired

 2  term of any lease or rental agreement that expires within 30

 3  days. The impoundment or immobilization must not occur

 4  concurrently with the incarceration of the defendant.  The

 5  impoundment or immobilization order may be dismissed in

 6  accordance with paragraph (e) or paragraph (f). At least 48

 7  hours of confinement must be consecutive.

 8         (c)  For the third or subsequent conviction for an

 9  offense that occurs within a period of 10 years after the date

10  of a prior conviction for violation of this section, the court

11  shall order imprisonment for not less than 30 days. The court

12  must also, as a condition of probation, order the impoundment

13  or immobilization of the vessel that was operated by or in the

14  actual control of the defendant or any one vehicle registered

15  in the defendant's name at the time of impoundment or

16  immobilization, for a period of 90 days or for the unexpired

17  term of any lease or rental agreement that expires within 90

18  days. The impoundment or immobilization must not occur

19  concurrently with the incarceration of the defendant.  The

20  impoundment or immobilization order may be dismissed in

21  accordance with paragraph (e) or paragraph (f). At least 48

22  hours of confinement must be consecutive.

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

24  defendant issue an order for the impoundment or immobilization

25  of a vessel. Within 7 business days after the date that the

26  court issues the order of impoundment, and once again 30

27  business days before the actual impoundment or immobilization

28  of the vessel, the clerk of the court must send notice by

29  certified mail, return receipt requested, to the registered

30  owner of each vessel, if the registered owner is a person

31  

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 1  other than the defendant, and to each person of record

 2  claiming a lien against the vessel.

 3         (e)  A person who owns but was not operating the vessel

 4  when the offense occurred may submit to the court a police

 5  report indicating that the vessel was stolen at the time of

 6  the offense or documentation of having purchased the vessel

 7  after the offense was committed from an entity other than the

 8  defendant or the defendant's agent. If the court finds that

 9  the vessel was stolen or that the sale was not made to

10  circumvent the order and allow the defendant continued access

11  to the vessel, the order must be dismissed and the owner of

12  the vessel will incur no costs. If the court denies the

13  request to dismiss the order of impoundment or immobilization,

14  the petitioner may request an evidentiary hearing.

15         (f)  A person who owns but was not operating the vessel

16  when the offense occurred, and whose vessel was stolen or who

17  purchased the vessel after the offense was committed directly

18  from the defendant or the defendant's agent, may request an

19  evidentiary hearing to determine whether the impoundment or

20  immobilization should occur. If the court finds that either

21  the vessel was stolen or the purchase was made without

22  knowledge of the offense, that the purchaser had no

23  relationship to the defendant other than through the

24  transaction, and that such purchase would not circumvent the

25  order and allow the defendant continued access to the vessel,

26  the order must be dismissed and the owner of the vessel will

27  incur no costs.

28         (g)  All costs and fees for the impoundment or

29  immobilization, including the cost of notification, must be

30  paid by the owner of the vessel or, if the vessel is leased or

31  

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 1  rented, by the person leasing or renting the vessel, unless

 2  the impoundment or immobilization order is dismissed.

 3         (h)  The person who owns a vessel that is impounded or

 4  immobilized under this  paragraph, or a person who has a lien

 5  of record against such a vessel and who has not requested a

 6  review of the impoundment pursuant to paragraph (e) or

 7  paragraph (f), may, within 10 days after the date that person

 8  has knowledge of the location of the vessel, file a complaint

 9  in the county in which the owner resides to determine whether

10  the vessel was wrongfully taken or withheld from the owner or

11  lienholder. Upon the filing of a complaint, the owner or

12  lienholder may have the vessel released by posting with the

13  court a bond or other adequate security equal to the amount of

14  the costs and fees for impoundment or immobilization,

15  including towing or storage, to ensure the payment of the

16  costs and fees if the owner or lienholder does not prevail.

17  When the bond is posted and the fee is paid as set forth in s.

18  28.24, the clerk of the court shall issue a certificate

19  releasing the vessel. At the time of release, after reasonable

20  inspection, the owner or lienholder must give a receipt to the

21  towing or storage company indicating any loss or damage to the

22  vessel or to the contents of the vessel.

23         (i)  A defendant, in the court's discretion, may be

24  required to serve all or any portion of a term of imprisonment

25  to which the defendant has been sentenced pursuant to this

26  section in a residential alcoholism treatment program or a

27  residential drug abuse treatment program. Any time spent in

28  such a program must be credited by the court toward the term

29  of imprisonment.

30  

31  

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 1  For the purposes of this section, any conviction for a

 2  violation of s. 316.193, a previous conviction for the

 3  violation of former s. 316.1931, former s. 860.01, or former

 4  s. 316.028, or a previous conviction outside this state for

 5  driving under the influence, driving while intoxicated,

 6  driving with an unlawful blood-alcohol level, driving with an

 7  unlawful breath-alcohol level, or any other similar

 8  alcohol-related or drug-related traffic offense, is also

 9  considered a previous conviction for violation of this

10  section.

11         Section 4.  For the purpose of incorporating the

12  amendments made to sections 316.193 and 327.35, Florida

13  Statutes, in references thereto, subsection (1) of section

14  142.01, Florida Statutes, is reenacted to read:

15         142.01  Fine and forfeiture fund; clerk of the circuit

16  court.--There shall be established by the clerk of the circuit

17  court in each county of this state a separate fund to be known

18  as the fine and forfeiture fund for use by the clerk of the

19  circuit court in performing court-related functions. The fund

20  shall consist of the following:

21         (1)  Fines and penalties pursuant to ss. 28.2402(2),

22  34.045(2), 316.193, 327.35, 327.72, 372.72(1), and 775.083(1).

23  

24  Notwithstanding the provisions of this section, all fines and

25  forfeitures arising from operation of the provisions of s.

26  318.1215 shall be disbursed in accordance with that section.

27         Section 5.  For the purpose of incorporating the

28  amendment to section 316.193, Florida Statutes, in references

29  thereto, paragraph (a) of subsection (3) of section 316.066,

30  Florida Statutes, is reenacted to read:

31         316.066  Written reports of crashes.--

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 1         (3)(a)  Every law enforcement officer who in the

 2  regular course of duty investigates a motor vehicle crash:

 3         1.  Which crash resulted in death or personal injury

 4  shall, within 10 days after completing the investigation,

 5  forward a written report of the crash to the department or

 6  traffic records center.

 7         2.  Which crash involved a violation of s. 316.061(1)

 8  or s. 316.193 shall, within 10 days after completing the

 9  investigation, forward a written report of the crash to the

10  department or traffic records center.

11         3.  In which crash a vehicle was rendered inoperative

12  to a degree which required a wrecker to remove it from traffic

13  may, within 10 days after completing the investigation,

14  forward a written report of the crash to the department or

15  traffic records center if such action is appropriate, in the

16  officer's discretion.

17  

18  However, in every case in which a crash report is required by

19  this section and a written report to a law enforcement officer

20  is not prepared, the law enforcement officer shall provide

21  each party involved in the crash a short-form report,

22  prescribed by the state, to be completed by the party. The

23  short-form report must include, but is not limited to: the

24  date, time, and location of the crash; a description of the

25  vehicles involved; the names and addresses of the parties

26  involved; the names and addresses of witnesses; the name,

27  badge number, and law enforcement agency of the officer

28  investigating the crash; and the names of the insurance

29  companies for the respective parties involved in the crash.

30  Each party to the crash shall provide the law enforcement

31  officer with proof of insurance to be included in the crash

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 1  report. If a law enforcement officer submits a report on the

 2  accident, proof of insurance must be provided to the officer

 3  by each party involved in the crash. Any party who fails to

 4  provide the required information is guilty of an infraction

 5  for a nonmoving violation, punishable as provided in chapter

 6  318 unless the officer determines that due to injuries or

 7  other special circumstances such insurance information cannot

 8  be provided immediately. If the person provides the law

 9  enforcement agency, within 24 hours after the crash, proof of

10  insurance that was valid at the time of the crash, the law

11  enforcement agency may void the citation.

12         Section 6.  For the purpose of incorporating the

13  amendment to section 316.193, Florida Statutes, in references

14  thereto, paragraph (b) of subsection (4) of section 316.072,

15  Florida Statutes, is reenacted to read:

16         316.072  Obedience to and effect of traffic laws.--

17         (4)  PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;

18  EXCEPTIONS.--

19         (b)  Unless specifically made applicable, the

20  provisions of this chapter, except those contained in ss.

21  316.192, 316.1925, and 316.193, shall not apply to persons,

22  teams, or motor vehicles and other equipment while actually

23  engaged in work upon the surface of a highway, but shall apply

24  to such persons and vehicles when traveling to or from such

25  work.

26         Section 7.  For the purpose of incorporating the

27  amendment to section 316.193, Florida Statutes, in references

28  thereto, subsection (3) of section 316.1932, Florida Statutes,

29  is reenacted to read:

30         316.1932  Tests for alcohol, chemical substances, or

31  controlled substances; implied consent; refusal.--

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 1         (3)  Notwithstanding any provision of law pertaining to

 2  the confidentiality of hospital records or other medical

 3  records, information relating to the alcoholic content of the

 4  blood or breath or the presence of chemical substances or

 5  controlled substances in the blood obtained pursuant to this

 6  section shall be released to a court, prosecuting attorney,

 7  defense attorney, or law enforcement officer in connection

 8  with an alleged violation of s. 316.193 upon request for such

 9  information.

10         Section 8.  For the purpose of incorporating the

11  amendment to section 316.193, Florida Statutes, in references

12  thereto, subsection (4) of section 316.1933, Florida Statutes,

13  is reenacted to read:

14         316.1933  Blood test for impairment or intoxication in

15  cases of death or serious bodily injury; right to use

16  reasonable force.--

17         (4)  Notwithstanding any provision of law pertaining to

18  the confidentiality of hospital records or other medical

19  records, information relating to the alcoholic content of the

20  blood or the presence of chemical substances or controlled

21  substances in the blood obtained pursuant to this section

22  shall be released to a court, prosecuting attorney, defense

23  attorney, or law enforcement officer in connection with an

24  alleged violation of s. 316.193 upon request for such

25  information.

26         Section 9.  For the purpose of incorporating the

27  amendment to section 316.193, Florida Statutes, in references

28  thereto, subsections (1) and (4) of section 316.1934, Florida

29  Statutes, are reenacted to read:

30         316.1934  Presumption of impairment; testing methods.--

31  

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 1         (1)  It is unlawful and punishable as provided in

 2  chapter 322 and in s. 316.193 for any person who is under the

 3  influence of alcoholic beverages or controlled substances,

 4  when affected to the extent that the person's normal faculties

 5  are impaired or to the extent that the person is deprived of

 6  full possession of normal faculties, to drive or be in actual

 7  physical control of any motor vehicle within this state. Such

 8  normal faculties include, but are not limited to, the ability

 9  to see, hear, walk, talk, judge distances, drive an

10  automobile, make judgments, act in emergencies, and, in

11  general, normally perform the many mental and physical acts of

12  daily life.

13         (4)  Any person charged with a violation of s. 316.193,

14  whether in a municipality or not, is entitled to trial by jury

15  according to the Florida Rules of Criminal Procedure.

16         Section 10.  For the purpose of incorporating the

17  amendment to section 316.193, Florida Statutes, in references

18  thereto, subsection (1) and paragraph (d) of subsection (2) of

19  section 316.1937, Florida Statutes, are reenacted to read:

20         316.1937  Ignition interlock devices, requiring;

21  unlawful acts.--

22         (1)  In addition to any other authorized penalties, the

23  court may require that any person who is convicted of driving

24  under the influence in violation of s. 316.193 shall not

25  operate a motor vehicle unless that vehicle is equipped with a

26  functioning ignition interlock device certified by the

27  department as provided in s. 316.1938, and installed in such a

28  manner that the vehicle will not start if the operator's blood

29  alcohol level is in excess of 0.05 percent or as otherwise

30  specified by the court. The court may require the use of an

31  approved ignition interlock device for a period of not less

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 1  than 6 months, if the person is permitted to operate a motor

 2  vehicle, whether or not the privilege to operate a motor

 3  vehicle is restricted, as determined by the court. The court,

 4  however, shall order placement of an ignition interlock device

 5  in those circumstances required by s. 316.193.

 6         (2)  If the court imposes the use of an ignition

 7  interlock device, the court shall:

 8         (d)  Determine the person's ability to pay for

 9  installation of the device if the person claims inability to

10  pay. If the court determines that the person is unable to pay

11  for installation of the device, the court may order that any

12  portion of a fine paid by the person for a violation of s.

13  316.193 shall be allocated to defray the costs of installing

14  the device.

15         Section 11.  For the purpose of incorporating the

16  amendment to section 316.193, Florida Statutes, in references

17  thereto, subsection (1) of section 316.1939, Florida Statutes,

18  is reenacted to read:

19         316.1939  Refusal to submit to testing; penalties.--

20         (1)  Any person who has refused to submit to a chemical

21  or physical test of his or her breath, blood, or urine, as

22  described in s. 316.1932, and whose driving privilege was

23  previously suspended for a prior refusal to submit to a lawful

24  test of his or her breath, urine, or blood, and:

25         (a)  Who the arresting law enforcement officer had

26  probable cause to believe was driving or in actual physical

27  control of a motor vehicle in this state while under the

28  influence of alcoholic beverages, chemical substances, or

29  controlled substances;

30  

31  

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 1         (b)  Who was placed under lawful arrest for a violation

 2  of s. 316.193 unless such test was requested pursuant to s.

 3  316.1932(1)(c);

 4         (c)  Who was informed that, if he or she refused to

 5  submit to such test, his or her privilege to operate a motor

 6  vehicle would be suspended for a period of 1 year or, in the

 7  case of a second or subsequent refusal, for a period of 18

 8  months;

 9         (d)  Who was informed that a refusal to submit to a

10  lawful test of his or her breath, urine, or blood, if his or

11  her driving privilege has been previously suspended for a

12  prior refusal to submit to a lawful test of his or her breath,

13  urine, or blood, is a misdemeanor; and

14         (e)  Who, after having been so informed, refused to

15  submit to any such test when requested to do so by a law

16  enforcement officer or correctional officer

17  

18  commits a misdemeanor of the first degree and is subject to

19  punishment as provided in s. 775.082 or s. 775.083.

20         Section 12.  For the purpose of incorporating the

21  amendment to section 316.193, Florida Statutes, in references

22  thereto, subsections (4) and (5) of section 318.143, Florida

23  Statutes, are reenacted to read:

24         318.143  Sanctions for infractions by minors.--

25         (4)  For the first conviction for a violation of s.

26  316.193, the court may order the Department of Highway Safety

27  and Motor Vehicles to revoke the minor's driver's license

28  until the minor is 18 years of age. For a second or subsequent

29  conviction for such a violation, the court may order the

30  Department of Highway Safety and Motor Vehicles to revoke the

31  minor's driver's license until the minor is 21 years of age.

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 1         (5)  A minor who is arrested for a violation of s.

 2  316.193 may be released from custody as soon as:

 3         (a)  The minor is no longer under the influence of

 4  alcoholic beverages, of any chemical substance set forth in s.

 5  877.111, or of any substance controlled under chapter 893, and

 6  is not affected to the extent that his or her normal faculties

 7  are impaired;

 8         (b)  The minor's blood-alcohol level is less than 0.05

 9  percent; or

10         (c)  Six hours have elapsed after the minor's arrest.

11         Section 13.  For the purpose of incorporating the

12  amendment to section 316.193, Florida Statutes, in references

13  thereto, section 318.17, Florida Statutes, is reenacted to

14  read:

15         318.17  Offenses excepted.--No provision of this

16  chapter is available to a person who is charged with any of

17  the following offenses:

18         (1)  Fleeing or attempting to elude a police officer,

19  in violation of s. 316.1935;

20         (2)  Leaving the scene of a crash, in violation of ss.

21  316.027 and 316.061;

22         (3)  Driving, or being in actual physical control of,

23  any vehicle while under the influence of alcoholic beverages,

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

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

26  316.193, or driving with an unlawful blood-alcohol level;

27         (4)  Reckless driving, in violation of s. 316.192;

28         (5)  Making false crash reports, in violation of s.

29  316.067;

30  

31  

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 1         (6)  Willfully failing or refusing to comply with any

 2  lawful order or direction of any police officer or member of

 3  the fire department, in violation of s. 316.072(3);

 4         (7)  Obstructing an officer, in violation of s.

 5  316.545(1); or

 6         (8)  Any other offense in chapter 316 which is

 7  classified as a criminal violation.

 8         Section 14.  For the purpose of incorporating the

 9  amendment to section 316.193, Florida Statutes, in references

10  thereto, paragraph (b) of subsection (1) of section 320.055,

11  Florida Statutes, is reenacted to read:

12         320.055  Registration periods; renewal periods.--The

13  following registration periods and renewal periods are

14  established:

15         (1)

16         (b)  Notwithstanding the requirements of paragraph (a),

17  the owner of a motor vehicle subject to paragraph (a) who has

18  had his or her driver's license suspended pursuant to a

19  violation of s. 316.193 or pursuant to s. 322.26(2) for

20  driving under the influence must obtain a 6-month registration

21  as a condition of reinstating the license, subject to renewal

22  during the 3-year period that financial responsibility

23  requirements apply. The registration period begins the first

24  day of the birth month of the owner and ends the last day of

25  the fifth month immediately following the owner's birth month.

26  For such vehicles, the department shall issue a vehicle

27  registration certificate that is valid for 6 months and shall

28  issue a validation sticker that displays an expiration date of

29  6 months after the date of issuance. The license tax required

30  by s. 320.08 and all other applicable license taxes shall be

31  one-half of the amount otherwise required, except the service

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 1  charge required by s. 320.04 shall be paid in full for each

 2  6-month registration.

 3         Section 15.  For the purpose of incorporating the

 4  amendment to section 316.193, Florida Statutes, in references

 5  thereto, subsection (2) of section 322.03, Florida Statutes,

 6  is reenacted to read:

 7         322.03  Drivers must be licensed; penalties.--

 8         (2)  Prior to issuing a driver's license, the

 9  department shall require any person who has been convicted two

10  or more times of a violation of s. 316.193 or of a

11  substantially similar alcohol-related or drug-related offense

12  outside this state within the preceding 5 years, or who has

13  been convicted of three or more such offenses within the

14  preceding 10 years, to present proof of successful completion

15  of or enrollment in a department-approved substance abuse

16  education course. If the person fails to complete such

17  education course within 90 days after issuance, the department

18  shall cancel the license. Further, prior to issuing the

19  driver's license the department shall require such person to

20  present proof of financial responsibility as provided in s.

21  324.031. For the purposes of this paragraph, a previous

22  conviction for violation of former s. 316.028, former s.

23  316.1931, or former s. 860.01 shall be considered a previous

24  conviction for violation of s. 316.193.

25         Section 16.  For the purpose of incorporating the

26  amendment to section 316.193, Florida Statutes, in references

27  thereto, paragraph (a) of subsection (2) of section 322.0602,

28  Florida Statutes, is reenacted to read:

29         322.0602  Youthful Drunk Driver Visitation Program.--

30         (2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE

31  FOR PARTICIPATION.--

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 1         (a)  If a person is convicted of a violation of s.

 2  316.193, the court may order, as a term and condition of

 3  probation in addition to any other term or condition required

 4  or authorized by law, that the probationer participate in the

 5  Youthful Drunk Driver Visitation Program.

 6         Section 17.  For the purpose of incorporating the

 7  amendment to section 316.193, Florida Statutes, in references

 8  thereto, subsection (8) of section 322.21, Florida Statutes,

 9  is reenacted to read:

10         322.21  License fees; procedure for handling and

11  collecting fees.--

12         (8)  Any person who applies for reinstatement following

13  the suspension or revocation of the person's driver's license

14  shall pay a service fee of $35 following a suspension, and $60

15  following a revocation, which is in addition to the fee for a

16  license. Any person who applies for reinstatement of a

17  commercial driver's license following the disqualification of

18  the person's privilege to operate a commercial motor vehicle

19  shall pay a service fee of $60, which is in addition to the

20  fee for a license. The department shall collect all of these

21  fees at the time of reinstatement. The department shall issue

22  proper receipts for such fees and shall promptly transmit all

23  funds received by it as follows:

24         (a)  Of the $35 fee received from a licensee for

25  reinstatement following a suspension, the department shall

26  deposit $15 in the General Revenue Fund and $20 in the Highway

27  Safety Operating Trust Fund.

28         (b)  Of the $60 fee received from a licensee for

29  reinstatement following a revocation or disqualification, the

30  department shall deposit $35 in the General Revenue Fund and

31  $25 in the Highway Safety Operating Trust Fund.

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 1  

 2  If the revocation or suspension of the driver's license was

 3  for a violation of s. 316.193, or for refusal to submit to a

 4  lawful breath, blood, or urine test, an additional fee of $115

 5  must be charged. However, only one $115 fee may be collected

 6  from one person convicted of violations arising out of the

 7  same incident. The department shall collect the $115 fee and

 8  deposit the fee into the Highway Safety Operating Trust Fund

 9  at the time of reinstatement of the person's driver's license,

10  but the fee may not be collected if the suspension or

11  revocation is overturned.

12         Section 18.  For the purpose of incorporating the

13  amendment to section 316.193, Florida Statutes, in references

14  thereto, subsection (5) of section 322.25, Florida Statutes,

15  is reenacted to read:

16         322.25  When court to forward license to department and

17  report convictions; temporary reinstatement of driving

18  privileges.--

19         (5)  For the purpose of this chapter, the entrance of a

20  plea of nolo contendere by the defendant to a charge of

21  driving while intoxicated, driving under the influence,

22  driving with an unlawful blood-alcohol level, or any other

23  alcohol-related or drug-related traffic offense similar to the

24  offenses specified in s. 316.193, accepted by the court and

25  under which plea the court has entered a fine or sentence,

26  whether in this state or any other state or country, shall be

27  equivalent to a conviction.

28         Section 19.  For the purpose of incorporating the

29  amendment to section 316.193, Florida Statutes, in references

30  thereto, paragraph (a) of subsection (1) of section 322.26,

31  Florida Statutes, is reenacted to read:

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 1         322.26  Mandatory revocation of license by

 2  department.--The department shall forthwith revoke the license

 3  or driving privilege of any person upon receiving a record of

 4  such person's conviction of any of the following offenses:

 5         (1)(a)  Murder resulting from the operation of a motor

 6  vehicle, DUI manslaughter where the conviction represents a

 7  subsequent DUI-related conviction, or a fourth violation of s.

 8  316.193 or former s. 316.1931. For such cases, the revocation

 9  of the driver's license or driving privilege shall be

10  permanent.

11         Section 20.  For the purpose of incorporating the

12  amendment to section 316.193, Florida Statutes, in references

13  thereto, subsections (1), (2), and (7), paragraph (b) of

14  subsection (8), paragraph (b) of subsection (10), paragraph

15  (a) of subsection (14), and subsection (16) of section

16  322.2615, Florida Statutes, are reenacted to read:

17         322.2615  Suspension of license; right to review.--

18         (1)(a)  A law enforcement officer or correctional

19  officer shall, on behalf of the department, suspend the

20  driving privilege of a person who has been arrested by a law

21  enforcement officer for a violation of s. 316.193, relating to

22  unlawful blood-alcohol level or breath-alcohol level, or of a

23  person who has refused to submit to a breath, urine, or blood

24  test authorized by s. 316.1932. The officer shall take the

25  person's driver's license and issue the person a 10-day

26  temporary permit if the person is otherwise eligible for the

27  driving privilege and shall issue the person a notice of

28  suspension. If a blood test has been administered, the results

29  of which are not available to the officer at the time of the

30  arrest, the agency employing the officer shall transmit such

31  results to the department within 5 days after receipt of the

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 1  results. If the department then determines that the person was

 2  arrested for a violation of s. 316.193 and that the person had

 3  a blood-alcohol level or breath-alcohol level of 0.08 or

 4  higher, the department shall suspend the person's driver's

 5  license pursuant to subsection (3).

 6         (b)  The suspension under paragraph (a) shall be

 7  pursuant to, and the notice of suspension shall inform the

 8  driver of, the following:

 9         1.a.  The driver refused to submit to a lawful breath,

10  blood, or urine test and his or her driving privilege is

11  suspended for a period of 1 year for a first refusal or for a

12  period of 18 months if his or her driving privilege has been

13  previously suspended as a result of a refusal to submit to

14  such a test; or

15         b.  The driver violated s. 316.193 by driving with an

16  unlawful blood-alcohol level or breath-alcohol level as

17  provided in that section and his or her driving privilege is

18  suspended for a period of 6 months for a first offense or for

19  a period of 1 year if his or her driving privilege has been

20  previously suspended for a violation of s. 316.193.

21         2.  The suspension period shall commence on the date of

22  arrest or issuance of the notice of suspension, whichever is

23  later.

24         3.  The driver may request a formal or informal review

25  of the suspension by the department within 10 days after the

26  date of arrest or issuance of the notice of suspension,

27  whichever is later.

28         4.  The temporary permit issued at the time of arrest

29  will expire at midnight of the 10th day following the date of

30  arrest or issuance of the notice of suspension, whichever is

31  later.

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 1         5.  The driver may submit to the department any

 2  materials relevant to the arrest.

 3         (2)  Except as provided in paragraph (1)(a), the law

 4  enforcement officer shall forward to the department, within 5

 5  days after the date of the arrest, a copy of the notice of

 6  suspension, the driver's license of the person arrested, and a

 7  report of the arrest, including an affidavit stating the

 8  officer's grounds for belief that the person arrested was in

 9  violation of s. 316.193; the results of any breath or blood

10  test or an affidavit stating that a breath, blood, or urine

11  test was requested by a law enforcement officer or

12  correctional officer and that the person arrested refused to

13  submit; a copy of the citation issued to the person arrested;

14  and the officer's description of the person's field sobriety

15  test, if any.  The failure of the officer to submit materials

16  within the 5-day period specified in this subsection and in

17  subsection (1) shall not affect the department's ability to

18  consider any evidence submitted at or prior to the hearing.

19  The officer may also submit a copy of a videotape of the field

20  sobriety test or the attempt to administer such test.

21         (7)  In a formal review hearing under subsection (6) or

22  an informal review hearing under subsection (4), the hearing

23  officer shall determine by a preponderance of the evidence

24  whether sufficient cause exists to sustain, amend, or

25  invalidate the suspension. The scope of the review shall be

26  limited to the following issues:

27         (a)  If the license was suspended for driving with an

28  unlawful blood-alcohol level or breath-alcohol level in

29  violation of s. 316.193:

30         1.  Whether the arresting law enforcement officer had

31  probable cause to believe that the person was driving or in

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 1  actual physical control of a motor vehicle in this state while

 2  under the influence of alcoholic beverages or controlled

 3  substances.

 4         2.  Whether the person was placed under lawful arrest

 5  for a violation of s. 316.193.

 6         3.  Whether the person had an unlawful blood-alcohol

 7  level or breath-alcohol level as provided in s. 316.193.

 8         (b)  If the license was suspended for refusal to submit

 9  to a breath, blood, or urine test:

10         1.  Whether the arresting law enforcement officer had

11  probable cause to believe that the person was driving or in

12  actual physical control of a motor vehicle in this state while

13  under the influence of alcoholic beverages or controlled

14  substances.

15         2.  Whether the person was placed under lawful arrest

16  for a violation of s. 316.193.

17         3.  Whether the person refused to submit to any such

18  test after being requested to do so by a law enforcement

19  officer or correctional officer.

20         4.  Whether the person was told that if he or she

21  refused to submit to such test his or her privilege to operate

22  a motor vehicle would be suspended for a period of 1 year or,

23  in the case of a second or subsequent refusal, for a period of

24  18 months.

25         (8)  Based on the determination of the hearing officer

26  pursuant to subsection (7) for both informal hearings under

27  subsection (4) and formal hearings under subsection (6), the

28  department shall:

29         (b)  Sustain the suspension of the person's driving

30  privilege for a period of 6 months for a violation of s.

31  316.193, or for a period of 1 year if the driving privilege of

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 1  such person has been previously suspended as a result of a

 2  violation of s. 316.193.  The suspension period commences on

 3  the date of the arrest or issuance of the notice of

 4  suspension, whichever is later.

 5         (10)  A person whose driver's license is suspended

 6  under subsection (1) or subsection (3) may apply for issuance

 7  of a license for business or employment purposes only if the

 8  person is otherwise eligible for the driving privilege

 9  pursuant to s. 322.271.

10         (b)  If the suspension of the driver's license of the

11  person arrested for a violation of s. 316.193, relating to

12  unlawful blood-alcohol level or breath-alcohol level, is

13  sustained, the person is not eligible to receive a license for

14  business or employment purposes only pursuant to s. 322.271

15  until 30 days have elapsed after the expiration of the last

16  temporary permit issued. If the driver is not issued a 10-day

17  permit pursuant to this section or s. 322.64 because he or she

18  is ineligible for the permit and the suspension for a

19  violation of s. 316.193, relating to unlawful blood-alcohol

20  level, is not invalidated by the department, the driver is not

21  eligible to receive a business or employment license pursuant

22  to s. 322.271 until 30 days have elapsed from the date of the

23  arrest.

24         (14)(a)  The decision of the department under this

25  section may not be considered in any trial for a violation of

26  s. 316.193, and a written statement submitted by a person in

27  his or her request for departmental review under this section

28  may not be admitted into evidence against him or her in any

29  such trial.

30         (16)  The department shall invalidate a suspension for

31  driving with an unlawful blood-alcohol level or breath-alcohol

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 1  level imposed under this section if the suspended person is

 2  found not guilty at trial of an underlying violation of s.

 3  316.193.

 4         Section 21.  For the purpose of incorporating the

 5  amendment to section 316.193, Florida Statutes, in references

 6  thereto, paragraph (a) of subsection (1) and subsections (15)

 7  and (19) of section 322.2616, Florida Statutes, are reenacted

 8  to read:

 9         322.2616  Suspension of license; persons under 21 years

10  of age; right to review.--

11         (1)(a)  Notwithstanding s. 316.193, it is unlawful for

12  a person under the age of 21 who has a blood-alcohol or

13  breath-alcohol level of 0.02 or higher to drive or be in

14  actual physical control of a motor vehicle.

15         (15)  The decision of the department under this section

16  shall not be considered in any trial for a violation of s.

17  316.193, nor shall any written statement submitted by a person

18  in his or her request for departmental review under this

19  section be admissible into evidence against him or her in any

20  such trial. The disposition of any related criminal

21  proceedings shall not affect a suspension imposed under this

22  section.

23         (19)  A violation of this section is neither a traffic

24  infraction nor a criminal offense, nor does being detained

25  pursuant to this section constitute an arrest. A violation of

26  this section is subject to the administrative action

27  provisions of this section, which are administered by the

28  department through its administrative processes.

29  Administrative actions taken pursuant to this section shall be

30  recorded in the motor vehicle records maintained by the

31  department. This section does not bar prosecution under s.

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 1  316.193. However, if the department suspends a person's

 2  license under s. 322.2615 for a violation of s. 316.193, it

 3  may not also suspend the person's license under this section

 4  for the same episode that was the basis for the suspension

 5  under s. 322.2615.

 6         Section 22.  For the purpose of incorporating the

 7  amendment to section 316.193, Florida Statutes, in references

 8  thereto, subsection (1) of section 322.264, Florida Statutes,

 9  is reenacted to read:

10         322.264  "Habitual traffic offender" defined.--A

11  "habitual traffic offender" is any person whose record, as

12  maintained by the Department of Highway Safety and Motor

13  Vehicles, shows that such person has accumulated the specified

14  number of convictions for offenses described in subsection (1)

15  or subsection (2) within a 5-year period:

16         (1)  Three or more convictions of any one or more of

17  the following offenses arising out of separate acts:

18         (a)  Voluntary or involuntary manslaughter resulting

19  from the operation of a motor vehicle;

20         (b)  Any violation of s. 316.193, former s. 316.1931,

21  or former s. 860.01;

22         (c)  Any felony in the commission of which a motor

23  vehicle is used;

24         (d)  Driving a motor vehicle while his or her license

25  is suspended or revoked;

26         (e)  Failing to stop and render aid as required under

27  the laws of this state in the event of a motor vehicle crash

28  resulting in the death or personal injury of another; or

29         (f)  Driving a commercial motor vehicle while his or

30  her privilege is disqualified.

31  

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 1  Any violation of any federal law, any law of another state or

 2  country, or any valid ordinance of a municipality or county of

 3  another state similar to a statutory prohibition specified in

 4  subsection (1) or subsection (2) shall be counted as a

 5  violation of such prohibition. In computing the number of

 6  convictions, all convictions during the 5 years previous to

 7  July 1, 1972, will be used, provided at least one conviction

 8  occurs after that date. The fact that previous convictions may

 9  have resulted in suspension, revocation, or disqualification

10  under another section does not exempt them from being used for

11  suspension or revocation under this section as a habitual

12  offender.

13         Section 23.  For the purpose of incorporating the

14  amendment to section 316.193, Florida Statutes, in references

15  thereto, paragraphs (a) and (c) of subsection (2) and

16  subsection (4) of section 322.271, Florida Statutes, are

17  reenacted to read:

18         322.271  Authority to modify revocation, cancellation,

19  or suspension order.--

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

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

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

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

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

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

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

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

28  otherwise provided in this subsection, the department shall

29  require proof of the successful completion of the applicable

30  department-approved driver training course operating pursuant

31  to s. 318.1451 or DUI program substance abuse education course

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 1  and evaluation as provided in s. 316.193(5). Letters of

 2  recommendation from respected business persons in the

 3  community, law enforcement officers, or judicial officers may

 4  also be required to determine whether such person should be

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

 6  business or employment use only and in determining whether

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

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

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

10  enrollment in the applicable department-approved driver

11  training course or licensed DUI program substance abuse

12  education course, including evaluation and treatment, if

13  referred, and may require letters of recommendation described

14  in this subsection to determine if the driver should be

15  reinstated on a restricted basis. If such person fails to

16  complete the approved course within 90 days after

17  reinstatement or subsequently fails to complete treatment, if

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

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

20  successfully completed, notwithstanding the terms of the court

21  order or any suspension or revocation of the driving

22  privilege. The department may temporarily reinstate the

23  driving privilege on a restricted basis upon verification from

24  the DUI program that the offender has reentered and is

25  currently participating in treatment and has completed the DUI

26  education course and evaluation requirement. If the DUI

27  program notifies the department of the second failure to

28  complete treatment, the department shall reinstate the driving

29  privilege only after notice of completion of treatment from

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

31  restricted basis for business or employment use shall not be

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

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

 3  education course and evaluations as provided in s. 316.193(5).

 4  Except as provided in paragraph (b), the privilege of driving

 5  on a limited or restricted basis for business or employment

 6  use shall not be granted to a person whose license is revoked

 7  pursuant to s. 322.28 or suspended pursuant to s. 322.2615 and

 8  who has been convicted of a violation of s. 316.193 two or

 9  more times or whose license has been suspended two or more

10  times for refusal to submit to a test pursuant to s. 322.2615

11  or former s. 322.261.

12         (c)  For the purpose of this section, a previous

13  conviction of driving under the influence, driving while

14  intoxicated, driving with an unlawful blood-alcohol level, or

15  any other similar alcohol-related or drug-related offense

16  outside this state or a previous conviction of former s.

17  316.1931, former s. 316.028, or former s. 860.01 shall be

18  considered a previous conviction for violation of s. 316.193.

19         (4)  Notwithstanding the provisions of s. 322.28(2)(e),

20  a person whose driving privilege has been permanently revoked

21  because he or she has been convicted of DUI manslaughter in

22  violation of s. 316.193 and has no prior convictions for

23  DUI-related offenses may, upon the expiration of 5 years after

24  the date of such revocation or the expiration of 5 years after

25  the termination of any term of incarceration under s. 316.193

26  or former s. 316.1931, whichever date is later, petition the

27  department for reinstatement of his or her driving privilege.

28         (a)  Within 30 days after the receipt of such a

29  petition, the department shall afford the petitioner an

30  opportunity for a hearing. At the hearing, the petitioner must

31  demonstrate to the department that he or she:

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 1         1.  Has not been arrested for a drug-related offense

 2  during the 5 years preceding the filing of the petition;

 3         2.  Has not driven a motor vehicle without a license

 4  for at least 5 years prior to the hearing;

 5         3.  Has been drug-free for at least 5 years prior to

 6  the hearing; and

 7         4.  Has completed a DUI program licensed by the

 8  department.

 9         (b)  At such hearing, the department shall determine

10  the petitioner's qualification, fitness, and need to drive.

11  Upon such determination, the department may, in its

12  discretion, reinstate the driver's license of the petitioner.

13  Such reinstatement must be made subject to the following

14  qualifications:

15         1.  The license must be restricted for employment

16  purposes for not less than 1 year; and

17         2.  Such person must be supervised by a DUI program

18  licensed by the department and report to the program for such

19  supervision and education at least four times a year or

20  additionally as required by the program for the remainder of

21  the revocation period. Such supervision shall include

22  evaluation, education, referral into treatment, and other

23  activities required by the department.

24         (c)  Such person must assume the reasonable costs of

25  supervision. If such person fails to comply with the required

26  supervision, the program shall report the failure to the

27  department, and the department shall cancel such person's

28  driving privilege.

29         (d)  If, after reinstatement, such person is convicted

30  of an offense for which mandatory revocation of his or her

31  

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 1  license is required, the department shall revoke his or her

 2  driving privilege.

 3         (e)  The department shall adopt rules regulating the

 4  providing of services by DUI programs pursuant to this

 5  section.

 6         Section 24.  For the purpose of incorporating the

 7  amendment to section 316.193, Florida Statutes, in references

 8  thereto, subsections (2), (3), and (4) of section 322.2715,

 9  Florida Statutes, are reenacted to read:

10         322.2715  Ignition interlock device.--

11         (2)  For purposes of this section, any conviction for a

12  violation of s. 316.193, a previous conviction for a violation

13  of former s. 316.1931, or a conviction outside this state for

14  driving under the influence, driving while intoxicated,

15  driving with an unlawful blood-alcohol level, or any other

16  similar alcohol-related or drug-related traffic offense is a

17  conviction of driving under the influence.

18         (3)  If the person is convicted of:

19         (a)  A first offense of driving under the influence

20  under s. 316.193 and has an unlawful blood-alcohol level or

21  breath-alcohol level as specified in s. 316.193(4), or if a

22  person is convicted of a violation of s. 316.193 and was at

23  the time of the offense accompanied in the vehicle by a person

24  younger than 18 years of age, the person shall have the

25  ignition interlock device installed for 6 months for the first

26  offense and for at least 2 years for a second offense.

27         (b)  A second offense of driving under the influence,

28  the ignition interlock device shall be installed for a period

29  of not less than 1 year.

30         (c)  A third offense of driving under the influence

31  which occurs within 10 years after a prior conviction for a

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 1  violation of s. 316.193, the ignition interlock device shall

 2  be installed for a period of not less than 2 years.

 3         (d)  A third offense of driving under the influence

 4  which occurs more than 10 years after the date of a prior

 5  conviction, the ignition interlock device shall be installed

 6  for a period of not less than 2 years.

 7         (4)  If the court fails to order the mandatory

 8  placement of the ignition interlock device or fails to order

 9  for the applicable period the mandatory placement of an

10  ignition interlock device under s. 316.193 or s. 316.1937 at

11  the time of imposing sentence or within 30 days thereafter,

12  the department shall immediately require that the ignition

13  interlock device be installed as provided in this section,

14  except that consideration may be given to those individuals

15  having a documented medical condition that would prohibit the

16  device from functioning normally. This subsection applies to

17  the reinstatement of the driving privilege following a

18  revocation, suspension, or cancellation that is based upon a

19  conviction for the offense of driving under the influence

20  which occurs on or after July 1, 2005.

21         Section 25.  For the purpose of incorporating the

22  amendment to section 316.193, Florida Statutes, in references

23  thereto, subsection (2) of section 322.28, Florida Statutes,

24  is reenacted to read:

25         322.28  Period of suspension or revocation.--

26         (2)  In a prosecution for a violation of s. 316.193 or

27  former s. 316.1931, the following provisions apply:

28         (a)  Upon conviction of the driver, the court, along

29  with imposing sentence, shall revoke the driver's license or

30  driving privilege of the person so convicted, effective on the

31  

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 1  date of conviction, and shall prescribe the period of such

 2  revocation in accordance with the following provisions:

 3         1.  Upon a first conviction for a violation of the

 4  provisions of s. 316.193, except a violation resulting in

 5  death, the driver's license or driving privilege shall be

 6  revoked for not less than 180 days or more than 1 year.

 7         2.  Upon a second conviction for an offense that occurs

 8  within a period of 5 years after the date of a prior

 9  conviction for a violation of the provisions of s. 316.193 or

10  former s. 316.1931 or a combination of such sections, the

11  driver's license or driving privilege shall be revoked for not

12  less than 5 years.

13         3.  Upon a third conviction for an offense that occurs

14  within a period of 10 years after the date of a prior

15  conviction for the violation of the provisions of s. 316.193

16  or former s. 316.1931 or a combination of such sections, the

17  driver's license or driving privilege shall be revoked for not

18  less than 10 years.

19  

20  For the purposes of this paragraph, a previous conviction

21  outside this state for driving under the influence, driving

22  while intoxicated, driving with an unlawful blood-alcohol

23  level, or any other alcohol-related or drug-related traffic

24  offense similar to the offense of driving under the influence

25  as proscribed by s. 316.193 will be considered a previous

26  conviction for violation of s. 316.193, and a conviction for

27  violation of former s. 316.028, former s. 316.1931, or former

28  s. 860.01 is considered a conviction for violation of s.

29  316.193.

30         (b)  If the period of revocation was not specified by

31  the court at the time of imposing sentence or within 30 days

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 1  thereafter, and is not otherwise specified by law, the

 2  department shall forthwith revoke the driver's license or

 3  driving privilege for the maximum period applicable under

 4  paragraph (a) for a first conviction and for the minimum

 5  period applicable under paragraph (a) for any subsequent

 6  convictions. The driver may, within 30 days after such

 7  revocation by the department, petition the court for further

 8  hearing on the period of revocation, and the court may reopen

 9  the case and determine the period of revocation within the

10  limits specified in paragraph (a).

11         (c)  The forfeiture of bail bond, not vacated within 20

12  days, in any prosecution for the offense of driving while

13  under the influence of alcoholic beverages, chemical

14  substances, or controlled substances to the extent of

15  depriving the defendant of his or her normal faculties shall

16  be deemed equivalent to a conviction for the purposes of this

17  paragraph, and the department shall forthwith revoke the

18  defendant's driver's license or driving privilege for the

19  maximum period applicable under paragraph (a) for a first

20  conviction and for the minimum period applicable under

21  paragraph (a) for a second or subsequent conviction; however,

22  if the defendant is later convicted of the charge, the period

23  of revocation imposed by the department for such conviction

24  shall not exceed the difference between the applicable maximum

25  for a first conviction or minimum for a second or subsequent

26  conviction and the revocation period under this subsection

27  that has actually elapsed; upon conviction of such charge, the

28  court may impose revocation for a period of time as specified

29  in paragraph (a). This paragraph does not apply if an

30  appropriate motion contesting the forfeiture is filed within

31  the 20-day period.

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 1         (d)  When any driver's license or driving privilege has

 2  been revoked pursuant to the provisions of this section, the

 3  department shall not grant a new license, except upon

 4  reexamination of the licensee after the expiration of the

 5  period of revocation so prescribed. However, the court may, in

 6  its sound discretion, issue an order of reinstatement on a

 7  form furnished by the department which the person may take to

 8  any driver's license examining office for reinstatement by the

 9  department pursuant to s. 322.282.

10         (e)  The court shall permanently revoke the driver's

11  license or driving privilege of a person who has been

12  convicted four times for violation of s. 316.193 or former s.

13  316.1931 or a combination of such sections. The court shall

14  permanently revoke the driver's license or driving privilege

15  of any person who has been convicted of DUI manslaughter in

16  violation of s. 316.193. If the court has not permanently

17  revoked such driver's license or driving privilege within 30

18  days after imposing sentence, the department shall permanently

19  revoke the driver's license or driving privilege pursuant to

20  this paragraph. No driver's license or driving privilege may

21  be issued or granted to any such person. This paragraph

22  applies only if at least one of the convictions for violation

23  of s. 316.193 or former s. 316.1931 was for a violation that

24  occurred after July 1, 1982. For the purposes of this

25  paragraph, a conviction for violation of former s. 316.028,

26  former s. 316.1931, or former s. 860.01 is also considered a

27  conviction for violation of s. 316.193. Also, a conviction of

28  driving under the influence, driving while intoxicated,

29  driving with an unlawful blood-alcohol level, or any other

30  similar alcohol-related or drug-related traffic offense

31  

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 1  outside this state is considered a conviction for the purposes

 2  of this paragraph.

 3         Section 26.  For the purpose of incorporating the

 4  amendment to section 316.193, Florida Statutes, in references

 5  thereto, paragraph (a) of subsection (2) of section 322.282,

 6  Florida Statutes, is reenacted to read:

 7         322.282  Procedure when court revokes or suspends

 8  license or driving privilege and orders reinstatement.--When a

 9  court suspends or revokes a person's license or driving

10  privilege and, in its discretion, orders reinstatement as

11  provided by s. 322.28(2)(d) or former s. 322.261(5):

12         (2)(a)  The court shall issue an order of

13  reinstatement, on a form to be furnished by the department,

14  which the person may take to any driver's license examining

15  office. The department shall issue a temporary driver's permit

16  to a licensee who presents the court's order of reinstatement,

17  proof of completion of a department-approved driver training

18  or substance abuse education course, and a written request for

19  a hearing under s. 322.271. The permit shall not be issued if

20  a record check by the department shows that the person has

21  previously been convicted for a violation of s. 316.193,

22  former s. 316.1931, former s. 316.028, former s. 860.01, or a

23  previous conviction outside this state for driving under the

24  influence, driving while intoxicated, driving with an unlawful

25  blood-alcohol level, or any similar alcohol-related or

26  drug-related traffic offense; that the person's driving

27  privilege has been previously suspended for refusal to submit

28  to a lawful test of breath, blood, or urine; or that the

29  person is otherwise not entitled to issuance of a driver's

30  license. This paragraph shall not be construed to prevent the

31  reinstatement of a license or driving privilege that is

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 1  presently suspended for driving with an unlawful blood-alcohol

 2  level or a refusal to submit to a breath, urine, or blood test

 3  and is also revoked for a conviction for a violation of s.

 4  316.193 or former s. 316.1931, if the suspension and

 5  revocation arise out of the same incident.

 6         Section 27.  For the purpose of incorporating the

 7  amendment to section 316.193, Florida Statutes, in references

 8  thereto, section 322.291, Florida Statutes, is reenacted to

 9  read:

10         322.291  Driver improvement schools or DUI programs;

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

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

13         (1)  Whose driving privilege has been revoked:

14         (a)  Upon conviction for:

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

16  any vehicle while under the influence of alcoholic beverages,

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

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

19  316.193;

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

21  level;

22         3.  Manslaughter resulting from the operation of a

23  motor vehicle;

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

25  the laws of this state in the event of a motor vehicle crash

26  resulting in the death or personal injury of another;

27         5.  Reckless driving; or

28         (b)  As an habitual offender;

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

30  that the seriousness of the offense and the circumstances

31  

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 1  surrounding the conviction warrant the revocation of the

 2  licensee's driving privilege; or

 3         (2)  Whose license was suspended under the point

 4  system, was suspended for driving with an unlawful

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

 6  1, 1994, was suspended for driving with an unlawful

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

 8  31, 1993, was suspended for a violation of s. 316.193(1), or

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

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

11  

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

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

14  advanced driver improvement course operating pursuant to s.

15  318.1451 or a substance abuse education course conducted by a

16  DUI program licensed pursuant to s. 322.292, which shall

17  include a psychosocial evaluation and treatment, if referred.

18  If the person fails to complete such course or evaluation

19  within 90 days after reinstatement, or subsequently fails to

20  complete treatment, if referred, the DUI program shall notify

21  the department of the failure. Upon receipt of the notice, the

22  department shall cancel the offender's driving privilege,

23  notwithstanding the expiration of the suspension or revocation

24  of the driving privilege. The department may temporarily

25  reinstate the driving privilege upon verification from the DUI

26  program that the offender has completed the education course

27  and evaluation requirement and has reentered and is currently

28  participating in treatment. If the DUI program notifies the

29  department of the second failure to complete treatment, the

30  department shall reinstate the driving privilege only after

31  notice of completion of treatment from the DUI program.

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 1         Section 28.  For the purpose of incorporating the

 2  amendment to section 316.193, Florida Statutes, in references

 3  thereto, paragraph (a) of subsection (9) of section 322.34,

 4  Florida Statutes, is reenacted to read:

 5         322.34  Driving while license suspended, revoked,

 6  canceled, or disqualified.--

 7         (9)(a)  A motor vehicle that is driven by a person

 8  under the influence of alcohol or drugs in violation of s.

 9  316.193 is subject to seizure and forfeiture under ss.

10  932.701-932.707 and is subject to liens for recovering,

11  towing, or storing vehicles under s. 713.78 if, at the time of

12  the offense, the person's driver's license is suspended,

13  revoked, or canceled as a result of a prior conviction for

14  driving under the influence.

15         Section 29.  For the purpose of incorporating the

16  amendment to section 316.193, Florida Statutes, in references

17  thereto, section 322.44, Florida Statutes, is reenacted to

18  read:

19         322.44  Driver License Compact.--The Driver License

20  Compact is hereby enacted into law and entered into with all

21  other jurisdictions legally joining therein in the form

22  substantially as follows:

23  

24                            ARTICLE I

25  

26         FINDINGS AND DECLARATION OF POLICY.--

27         (1)  The party states find that:

28         (a)  The safety of their streets and highways is

29  materially affected by the degree of compliance with state

30  laws and local ordinances relating to the operation of motor

31  vehicles;

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 1         (b)  Violation of such a law or ordinance is evidence

 2  that the violator engages in conduct which is likely to

 3  endanger the safety of persons and property;

 4         (c)  The continuance in force of a license to drive is

 5  predicated upon compliance with laws and ordinances relating

 6  to the operation of motor vehicles, in whichever jurisdiction

 7  the vehicle is operated.

 8         (2)  It is the policy of each of the party states to:

 9         (a)  Promote compliance with the laws, ordinances, and

10  administrative rules and regulations relating to the operation

11  of motor vehicles by their operators in each of the

12  jurisdictions where such operators drive motor vehicles;

13         (b)  Make the reciprocal recognition of licenses to

14  drive and eligibility therefor more just and equitable by

15  considering the overall compliance with motor vehicle laws,

16  ordinances, and administrative rules and regulations as a

17  condition precedent to the continuance or issuance of any

18  license by reason of which the licensee is authorized or

19  permitted to operate a motor vehicle in any of the party

20  states.

21  

22                            ARTICLE II

23  

24         DEFINITIONS.--As used in this compact:

25         (1)  "State" means a state, territory or possession of

26  the United States, the District of Columbia, or the

27  Commonwealth of Puerto Rico.

28         (2)  "Home state" means the state which has issued and

29  has the power to suspend or revoke the use of the license or

30  permit to operate a motor vehicle.

31  

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 1         (3)  "Conviction" means a conviction of any offense

 2  related to the use or operation of a motor vehicle which is

 3  prohibited by state law, municipal ordinance, or

 4  administrative rule or regulation, or a forfeiture of bail,

 5  bond, or other security deposited to secure appearance by a

 6  person charged with having committed any such offense, and

 7  which conviction or forfeiture is required to be reported to

 8  the licensing authority.

 9  

10                           ARTICLE III

11  

12         REPORTS OF CONVICTION.--The licensing authority of a

13  party state shall report each conviction of a person from

14  another party state occurring within its jurisdiction to the

15  licensing authority of the home state of the licensee. Such

16  report shall clearly identify the person convicted; describe

17  the violation specifying the section of the statute, code, or

18  ordinance violated; identify the court in which action was

19  taken; indicate whether a plea of guilty or not guilty was

20  entered or the conviction was a result of the forfeiture of

21  bail, bond, or other security; and shall include any special

22  findings made in connection therewith.

23  

24                            ARTICLE IV

25  

26         EFFECT OF CONVICTION.--

27         (1)  The licensing authority in the home state, for the

28  purposes of suspension, revocation, or limitation of the

29  license to operate a motor vehicle, shall give the same effect

30  to the conduct reported, pursuant to article III, as it would

31  

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 1  if such conduct had occurred in the home state, in the case of

 2  convictions for:

 3         (a)  Manslaughter or negligent homicide resulting from

 4  the operation of a motor vehicle, as provided by ss. 316.193

 5  and 322.26;

 6         (b)  Driving a motor vehicle while under the influence

 7  of alcoholic beverages or a narcotic drug, or under the

 8  influence of any other drug to a degree which renders the

 9  driver incapable of safely driving a motor vehicle, as

10  provided by s. 316.193;

11         (c)  Any felony in the commission of which a motor

12  vehicle is used, as provided by s. 322.26; or

13         (d)  Failure to stop and render aid in the event of a

14  motor vehicle crash resulting in the death or personal injury

15  of another, as provided by s. 322.26.

16         (2)  As to other convictions, reported pursuant to

17  article III, the licensing authority in the home state shall

18  give such effect to the conduct as is provided by the laws of

19  the home state.

20  

21                            ARTICLE V

22  

23         APPLICATIONS FOR NEW LICENSES.--Upon application for a

24  license to drive, the licensing authority in a party state

25  shall ascertain whether the applicant has ever held, or is the

26  holder of, a license to drive issued by any other party state.

27  The licensing authority in the state where application is made

28  shall not issue a license to drive to the applicant if:

29         (1)  The applicant has held such a license, but the

30  same has been suspended by reason, in whole or in part, of a

31  violation and if such suspension period has not terminated.

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 1         (2)  The applicant has held such a license, but the

 2  same has been revoked by reason, in whole or in part, of a

 3  violation and if such revocation has not terminated, except

 4  that after the expiration of 1 year from the date the license

 5  was revoked, such person may make application for a new

 6  license if permitted by law. The licensing authority may

 7  refuse to issue a license to any such applicant if, after

 8  investigation, the licensing authority determines that it will

 9  not be safe to grant to such person the privilege of driving a

10  motor vehicle on the public highways.

11         (3)  The applicant is the holder of a license to drive

12  issued by another party state and currently in force unless

13  the applicant surrenders such license.

14  

15                            ARTICLE VI

16  

17         APPLICABILITY OF OTHER LAWS.--Except as expressly

18  required by provisions of this compact, nothing contained

19  herein shall be construed to affect the right of any party

20  state to apply any of its other laws relating to licenses to

21  drive to any person or circumstance, nor to invalidate or

22  prevent any driver license agreement or other cooperative

23  arrangement between a party state and a nonparty state.

24  

25                           ARTICLE VII

26  

27         COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION.--

28         (1)  The head of the licensing authority of each party

29  state shall be the administrator of this compact for his or

30  her state. The administrators, acting jointly, shall have the

31  

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 1  power to formulate all necessary and proper procedures for the

 2  exchange of information under this compact.

 3         (2)  The administrator of each party state shall

 4  furnish to the administrator of each other party state any

 5  information or documents reasonably necessary to facilitate

 6  the administration of this compact.

 7  

 8                           ARTICLE VIII

 9  

10         ENTRY INTO FORCE AND WITHDRAWAL.--

11         (1)  This compact shall enter into force and become

12  effective as to any state when it has enacted the same into

13  law.

14         (2)  Any party state may withdraw from this compact by

15  enacting a statute repealing the same, but no such withdrawal

16  shall take effect until 6 months after the executive head of

17  the withdrawing state has given notice of the withdrawal to

18  the executive heads of all other party states. No withdrawal

19  shall affect the validity or applicability by the licensing

20  authorities of states remaining party to the compact of any

21  report of conviction occurring prior to the withdrawal.

22  

23                            ARTICLE IX

24  

25         CONSTRUCTION AND SEVERABILITY.--This compact shall be

26  liberally construed so as to effectuate the purposes thereof.

27  The provisions of this compact shall be severable; and if any

28  phrase, clause, sentence, or provision of this compact is

29  declared to be contrary to the constitution of any party state

30  or of the United States or the applicability thereof to any

31  government, agency, person, or circumstance is held invalid,

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 1  the validity of the remainder of this compact and the

 2  applicability thereof to any government, agency, person, or

 3  circumstance shall not be affected thereby. If this compact

 4  shall be held contrary to the constitution of any state party

 5  thereto, the compact shall remain in full force and effect as

 6  to the remaining states and in full force and effect as to the

 7  state affected as to all severable matters.

 8         Section 30.  For the purpose of incorporating the

 9  amendment to section 316.193, Florida Statutes, in references

10  thereto, subsection (3) of section 322.62, Florida Statutes,

11  is reenacted to read:

12         322.62  Driving under the influence; commercial motor

13  vehicle operators.--

14         (3)  This section does not supersede s. 316.193.

15  Nothing in this section prohibits the prosecution of a person

16  who drives a commercial motor vehicle for driving under the

17  influence of alcohol or controlled substances whether or not

18  such person is also prosecuted for a violation of this

19  section.

20         Section 31.  For the purpose of incorporating the

21  amendment to section 316.193, Florida Statutes, in references

22  thereto, paragraph (d) of subsection (2) and subsection (6) of

23  section 322.63, Florida Statutes, are reenacted to read:

24         322.63  Alcohol or drug testing; commercial motor

25  vehicle operators.--

26         (2)  The chemical and physical tests authorized by this

27  section shall only be required if a law enforcement officer

28  has reasonable cause to believe that a person driving a

29  commercial motor vehicle has any alcohol, chemical substance,

30  or controlled substance in his or her body.

31  

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 1         (d)  The administration of one test under paragraph

 2  (a), paragraph (b), or paragraph (c) shall not preclude the

 3  administration of a different test under paragraph (a),

 4  paragraph (b), or paragraph (c). However, a urine test may not

 5  be used to determine alcohol concentration and a breath test

 6  may not be used to determine the presence of controlled

 7  substances or chemical substances in a person's body.

 8  Notwithstanding the provisions of this paragraph, in the event

 9  a Florida licensee has been convicted in another state for an

10  offense substantially similar to s. 316.193 or to s. 322.62,

11  which conviction was based upon evidence of test results

12  prohibited by this paragraph, that out-of-state conviction

13  shall constitute a conviction for the purposes of this

14  chapter.

15         (6)  Notwithstanding any provision of law pertaining to

16  the confidentiality of hospital records or other medical

17  records, information relating to the alcohol content of a

18  person's blood or the presence of chemical substances or

19  controlled substances in a person's blood obtained pursuant to

20  this section shall be released to a court, prosecuting

21  attorney, defense attorney, or law enforcement officer in

22  connection with an alleged violation of s. 316.193 or s.

23  322.62 upon request for such information.

24         Section 32.  For the purpose of incorporating the

25  amendment to section 316.193, Florida Statutes, in references

26  thereto, subsections (1) and (2), paragraph (a) of subsection

27  (7), paragraph (b) of subsection (8), and subsections (14) and

28  (15) of section 322.64, Florida Statutes, are reenacted to

29  read:

30  

31  

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 1         322.64  Holder of commercial driver's license; driving

 2  with unlawful blood-alcohol level; refusal to submit to

 3  breath, urine, or blood test.--

 4         (1)(a)  A law enforcement officer or correctional

 5  officer shall, on behalf of the department, disqualify from

 6  operating any commercial motor vehicle a person who while

 7  operating or in actual physical control of a commercial motor

 8  vehicle is arrested for a violation of s. 316.193, relating to

 9  unlawful blood-alcohol level or breath-alcohol level, or a

10  person who has refused to submit to a breath, urine, or blood

11  test authorized by s. 322.63 arising out of the operation or

12  actual physical control of a commercial motor vehicle.  Upon

13  disqualification of the person, the officer shall take the

14  person's driver's license and issue the person a 10-day

15  temporary permit for the operation of noncommercial vehicles

16  only if the person is otherwise eligible for the driving

17  privilege and shall issue the person a notice of

18  disqualification.  If the person has been given a blood,

19  breath, or urine test, the results of which are not available

20  to the officer at the time of the arrest, the agency employing

21  the officer shall transmit such results to the department

22  within 5 days after receipt of the results.  If the department

23  then determines that the person was arrested for a violation

24  of s. 316.193 and that the person had a blood-alcohol level or

25  breath-alcohol level of 0.08 or higher, the department shall

26  disqualify the person from operating a commercial motor

27  vehicle pursuant to subsection (3).

28         (b)  The disqualification under paragraph (a) shall be

29  pursuant to, and the notice of disqualification shall inform

30  the driver of, the following:

31  

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 1         1.a.  The driver refused to submit to a lawful breath,

 2  blood, or urine test and he or she is disqualified from

 3  operating a commercial motor vehicle for a period of 1 year,

 4  for a first refusal, or permanently, if he or she has

 5  previously been disqualified as a result of a refusal to

 6  submit to such a test; or

 7         b.  The driver violated s. 316.193 by driving with an

 8  unlawful blood-alcohol level and he or she is disqualified

 9  from operating a commercial motor vehicle for a period of 6

10  months for a first offense or for a period of 1 year if he or

11  she has previously been disqualified, or his or her driving

12  privilege has been previously suspended, for a violation of s.

13  316.193.

14         2.  The disqualification period for operating

15  commercial vehicles shall commence on the date of arrest or

16  issuance of notice of disqualification, whichever is later.

17         3.  The driver may request a formal or informal review

18  of the disqualification by the department within 10 days after

19  the date of arrest or issuance of notice of disqualification,

20  whichever is later.

21         4.  The temporary permit issued at the time of arrest

22  or disqualification will expire at midnight of the 10th day

23  following the date of disqualification.

24         5.  The driver may submit to the department any

25  materials relevant to the arrest.

26         (2)  Except as provided in paragraph (1)(a), the law

27  enforcement officer shall forward to the department, within 5

28  days after the date of the arrest or the issuance of the

29  notice of disqualification, whichever is later, a copy of the

30  notice of disqualification, the driver's license of the person

31  arrested, and a report of the arrest, including, if

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 1  applicable, an affidavit stating the officer's grounds for

 2  belief that the person arrested was in violation of s.

 3  316.193; the results of any breath or blood test or an

 4  affidavit stating that a breath, blood, or urine test was

 5  requested by a law enforcement officer or correctional officer

 6  and that the person arrested refused to submit; a copy of the

 7  citation issued to the person arrested; and the officer's

 8  description of the person's field sobriety test, if any.  The

 9  failure of the officer to submit materials within the 5-day

10  period specified in this subsection or subsection (1) shall

11  not affect the department's ability to consider any evidence

12  submitted at or prior to the hearing.  The officer may also

13  submit a copy of a videotape of the field sobriety test or the

14  attempt to administer such test.

15         (7)  In a formal review hearing under subsection (6) or

16  an informal review hearing under subsection (4), the hearing

17  officer shall determine by a preponderance of the evidence

18  whether sufficient cause exists to sustain, amend, or

19  invalidate the disqualification.  The scope of the review

20  shall be limited to the following issues:

21         (a)  If the person was disqualified from operating a

22  commercial motor vehicle for driving with an unlawful

23  blood-alcohol level in violation of s. 316.193:

24         1.  Whether the arresting law enforcement officer had

25  probable cause to believe that the person was driving or in

26  actual physical control of a commercial motor vehicle in this

27  state while he or she had any alcohol, chemical substances, or

28  controlled substances in his or her body.

29         2.  Whether the person was placed under lawful arrest

30  for a violation of s. 316.193.

31  

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 1         3.  Whether the person had an unlawful blood-alcohol

 2  level as provided in s. 316.193.

 3         (8)  Based on the determination of the hearing officer

 4  pursuant to subsection (7) for both informal hearings under

 5  subsection (4) and formal hearings under subsection (6), the

 6  department shall:

 7         (b)  Sustain the disqualification for a period of 6

 8  months for a violation of s. 316.193 or for a period of 1 year

 9  if the person has been previously disqualified from operating

10  a commercial motor vehicle or his or her driving privilege has

11  been previously suspended as a result of a violation of s.

12  316.193.  The disqualification period commences on the date of

13  the arrest or issuance of the notice of disqualification,

14  whichever is later.

15         (14)  The decision of the department under this section

16  shall not be considered in any trial for a violation of s.

17  316.193, s. 322.61, or s. 322.62, nor shall any written

18  statement submitted by a person in his or her request for

19  departmental review under this section be admissible into

20  evidence against him or her in any such trial.  The

21  disposition of any related criminal proceedings shall not

22  affect a disqualification imposed pursuant to this section.

23         (15)  This section does not preclude the suspension of

24  the driving privilege pursuant to s. 322.2615.  The driving

25  privilege of a person who has been disqualified from operating

26  a commercial motor vehicle also may be suspended for a

27  violation of s. 316.193.

28         Section 33.  For the purpose of incorporating the

29  amendment to section 316.193, Florida Statutes, in references

30  thereto, subsection (4) of section 323.001, Florida Statutes,

31  is reenacted to read:

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 1         323.001  Wrecker operator storage facilities; vehicle

 2  holds.--

 3         (4)  The requirements for a written hold apply when the

 4  following conditions are present:

 5         (a)  The officer has probable cause to believe the

 6  vehicle should be seized and forfeited under the Florida

 7  Contraband Forfeiture Act, ss. 932.701-932.707;

 8         (b)  The officer has probable cause to believe the

 9  vehicle should be seized and forfeited under chapter 370 or

10  chapter 372;

11         (c)  The officer has probable cause to believe the

12  vehicle was used as the means of committing a crime;

13         (d)  The officer has probable cause to believe that the

14  vehicle is itself evidence that tends to show that a crime has

15  been committed or that the vehicle contains evidence, which

16  cannot readily be removed, which tends to show that a crime

17  has been committed;

18         (e)  The officer has probable cause to believe the

19  vehicle was involved in a traffic accident resulting in death

20  or personal injury and should be sealed for investigation and

21  collection of evidence by a vehicular homicide investigator;

22         (f)  The vehicle is impounded or immobilized pursuant

23  to s. 316.193 or s. 322.34; or

24         (g)  The officer is complying with a court order.

25         Section 34.  For the purpose of incorporating the

26  amendment to section 316.193, Florida Statutes, in references

27  thereto, section 324.131, Florida Statutes, is reenacted to

28  read:

29         324.131  Period of suspension.--Such license,

30  registration and nonresident's operating privilege shall

31  remain so suspended and shall not be renewed, nor shall any

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 1  such license or registration be thereafter issued in the name

 2  of such person, including any such person not previously

 3  licensed, unless and until every such judgment is stayed,

 4  satisfied in full or to the extent of the limits stated in s.

 5  324.021(7) and until the said person gives proof of financial

 6  responsibility as provided in s. 324.031, such proof to be

 7  maintained for 3 years. In addition, if the person's license

 8  or registration has been suspended or revoked due to a

 9  violation of s. 316.193 or pursuant to s. 322.26(2), that

10  person shall maintain noncancelable liability coverage for

11  each motor vehicle registered in his or her name, as described

12  in s. 627.7275(2), and must present proof that coverage is in

13  force on a form adopted by the Department of Highway Safety

14  and Motor Vehicles, such proof to be maintained for 3 years.

15         Section 35.  For the purpose of incorporating the

16  amendment to section 316.193, Florida Statutes, in references

17  thereto, subsection (6) of section 327.35, Florida Statutes,

18  is reenacted to read:

19         327.35  Boating under the influence; penalties;

20  "designated drivers".--

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

22  violation of subsection (1), regardless of any other penalty

23  imposed:

24         (a)  For the first conviction, the court shall place

25  the defendant on probation for a period not to exceed 1 year

26  and, as a condition of such probation, shall order the

27  defendant to participate in public service or a community work

28  project for a minimum of 50 hours.   The court must also, as a

29  condition of probation, order the impoundment or

30  immobilization of the vessel that was operated by or in the

31  actual control of the defendant or any one vehicle registered

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 1  in the defendant's name at the time of impoundment or

 2  immobilization, for a period of 10 days or for the unexpired

 3  term of any lease or rental agreement that expires within 10

 4  days. The impoundment or immobilization must not occur

 5  concurrently with the incarceration of the defendant.  The

 6  impoundment or immobilization order may be dismissed in

 7  accordance with paragraph (e) or paragraph (f). The total

 8  period of probation and incarceration may not exceed 1 year.

 9         (b)  For the second conviction for an offense that

10  occurs within a period of 5 years after the date of a prior

11  conviction for violation of this section, the court shall

12  order imprisonment for not less than 10 days. The court must

13  also, as a condition of probation, order the impoundment or

14  immobilization of the vessel that was operated by or in the

15  actual control of the defendant or any one vehicle registered

16  in the defendant's name at the time of impoundment or

17  immobilization, for a period of 30 days or for the unexpired

18  term of any lease or rental agreement that expires within 30

19  days. The impoundment or immobilization must not occur

20  concurrently with the incarceration of the defendant.  The

21  impoundment or immobilization order may be dismissed in

22  accordance with paragraph (e) or paragraph (f). At least 48

23  hours of confinement must be consecutive.

24         (c)  For the third or subsequent conviction for an

25  offense that occurs within a period of 10 years after the date

26  of a prior conviction for violation of this section, the court

27  shall order imprisonment for not less than 30 days. The court

28  must also, as a condition of probation, order the impoundment

29  or immobilization of the vessel that was operated by or in the

30  actual control of the defendant or any one vehicle registered

31  in the defendant's name at the time of impoundment or

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 1  immobilization, for a period of 90 days or for the unexpired

 2  term of any lease or rental agreement that expires within 90

 3  days. The impoundment or immobilization must not occur

 4  concurrently with the incarceration of the defendant.  The

 5  impoundment or immobilization order may be dismissed in

 6  accordance with paragraph (e) or paragraph (f). At least 48

 7  hours of confinement must be consecutive.

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

 9  defendant issue an order for the impoundment or immobilization

10  of a vessel. Within 7 business days after the date that the

11  court issues the order of impoundment, and once again 30

12  business days before the actual impoundment or immobilization

13  of the vessel, the clerk of the court must send notice by

14  certified mail, return receipt requested, to the registered

15  owner of each vessel, if the registered owner is a person

16  other than the defendant, and to each person of record

17  claiming a lien against the vessel.

18         (e)  A person who owns but was not operating the vessel

19  when the offense occurred may submit to the court a police

20  report indicating that the vessel was stolen at the time of

21  the offense or documentation of having purchased the vessel

22  after the offense was committed from an entity other than the

23  defendant or the defendant's agent. If the court finds that

24  the vessel was stolen or that the sale was not made to

25  circumvent the order and allow the defendant continued access

26  to the vessel, the order must be dismissed and the owner of

27  the vessel will incur no costs. If the court denies the

28  request to dismiss the order of impoundment or immobilization,

29  the petitioner may request an evidentiary hearing.

30         (f)  A person who owns but was not operating the vessel

31  when the offense occurred, and whose vessel was stolen or who

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 1  purchased the vessel after the offense was committed directly

 2  from the defendant or the defendant's agent, may request an

 3  evidentiary hearing to determine whether the impoundment or

 4  immobilization should occur. If the court finds that either

 5  the vessel was stolen or the purchase was made without

 6  knowledge of the offense, that the purchaser had no

 7  relationship to the defendant other than through the

 8  transaction, and that such purchase would not circumvent the

 9  order and allow the defendant continued access to the vessel,

10  the order must be dismissed and the owner of the vessel will

11  incur no costs.

12         (g)  All costs and fees for the impoundment or

13  immobilization, including the cost of notification, must be

14  paid by the owner of the vessel or, if the vessel is leased or

15  rented, by the person leasing or renting the vessel, unless

16  the impoundment or immobilization order is dismissed.

17         (h)  The person who owns a vessel that is impounded or

18  immobilized under this  paragraph, or a person who has a lien

19  of record against such a vessel and who has not requested a

20  review of the impoundment pursuant to paragraph (e) or

21  paragraph (f), may, within 10 days after the date that person

22  has knowledge of the location of the vessel, file a complaint

23  in the county in which the owner resides to determine whether

24  the vessel was wrongfully taken or withheld from the owner or

25  lienholder. Upon the filing of a complaint, the owner or

26  lienholder may have the vessel released by posting with the

27  court a bond or other adequate security equal to the amount of

28  the costs and fees for impoundment or immobilization,

29  including towing or storage, to ensure the payment of the

30  costs and fees if the owner or lienholder does not prevail.

31  When the bond is posted and the fee is paid as set forth in s.

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 1  28.24, the clerk of the court shall issue a certificate

 2  releasing the vessel. At the time of release, after reasonable

 3  inspection, the owner or lienholder must give a receipt to the

 4  towing or storage company indicating any loss or damage to the

 5  vessel or to the contents of the vessel.

 6         (i)  A defendant, in the court's discretion, may be

 7  required to serve all or any portion of a term of imprisonment

 8  to which the defendant has been sentenced pursuant to this

 9  section in a residential alcoholism treatment program or a

10  residential drug abuse treatment program. Any time spent in

11  such a program must be credited by the court toward the term

12  of imprisonment.

13  

14  For the purposes of this section, any conviction for a

15  violation of s. 316.193, a previous conviction for the

16  violation of former s. 316.1931, former s. 860.01, or former

17  s. 316.028, or a previous conviction outside this state for

18  driving under the influence, driving while intoxicated,

19  driving with an unlawful blood-alcohol level, driving with an

20  unlawful breath-alcohol level, or any other similar

21  alcohol-related or drug-related traffic offense, is also

22  considered a previous conviction for violation of this

23  section.

24         Section 36.  For the purpose of incorporating the

25  amendment to section 316.193, Florida Statutes, in references

26  thereto, subsection (10) of section 397.405, Florida Statutes,

27  is reenacted to read:

28         397.405  Exemptions from licensure.--The following are

29  exempt from the licensing provisions of this chapter:

30         (10)  DUI education and screening services provided

31  pursuant to ss. 316.192, 316.193, 322.095, 322.271, and

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 1  322.291. Persons or entities providing treatment services must

 2  be licensed under this chapter unless exempted from licensing

 3  as provided in this section.

 4  

 5  The exemptions from licensure in this section do not apply to

 6  any service provider that receives an appropriation, grant, or

 7  contract from the state to operate as a service provider as

 8  defined in this chapter or to any substance abuse program

 9  regulated pursuant to s. 397.406. Furthermore, this chapter

10  may not be construed to limit the practice of a physician

11  licensed under chapter 458 or chapter 459, a psychologist

12  licensed under chapter 490, or a psychotherapist licensed

13  under chapter 491 who provides substance abuse treatment, so

14  long as the physician, psychologist, or psychotherapist does

15  not represent to the public that he or she is a licensed

16  service provider and does not provide services to clients

17  pursuant to part V of this chapter. Failure to comply with any

18  requirement necessary to maintain an exempt status under this

19  section is a misdemeanor of the first degree, punishable as

20  provided in s. 775.082 or s. 775.083.

21         Section 37.  For the purpose of incorporating the

22  amendment to section 316.193, Florida Statutes, in references

23  thereto, paragraph (c) of subsection (17) of section 440.02,

24  Florida Statutes, is reenacted to read:

25         440.02  Definitions.--When used in this chapter, unless

26  the context clearly requires otherwise, the following terms

27  shall have the following meanings:

28         (17)

29         (c)  "Employment" does not include service performed by

30  or as:

31         1.  Domestic servants in private homes.

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 1         2.  Agricultural labor performed on a farm in the

 2  employ of a bona fide farmer, or association of farmers, that

 3  employs 5 or fewer regular employees and that employs fewer

 4  than 12 other employees at one time for seasonal agricultural

 5  labor that is completed in less than 30 days, provided such

 6  seasonal employment does not exceed 45 days in the same

 7  calendar year. The term "farm" includes stock, dairy, poultry,

 8  fruit, fur-bearing animals, fish, and truck farms, ranches,

 9  nurseries, and orchards. The term "agricultural labor"

10  includes field foremen, timekeepers, checkers, and other farm

11  labor supervisory personnel.

12         3.  Professional athletes, such as professional boxers,

13  wrestlers, baseball, football, basketball, hockey, polo,

14  tennis, jai alai, and similar players, and motorsports teams

15  competing in a motor racing event as defined in s. 549.08.

16         4.  Labor under a sentence of a court to perform

17  community services as provided in s. 316.193.

18         5.  State prisoners or county inmates, except those

19  performing services for private employers or those enumerated

20  in s. 948.03(8)(a).

21         Section 38.  For the purpose of incorporating the

22  amendment to section 316.193, Florida Statutes, in references

23  thereto, paragraph (b) of subsection (7) of section 440.09,

24  Florida Statutes, is reenacted to read:

25         440.09  Coverage.--

26         (7)

27         (b)  If the employee has, at the time of the injury, a

28  blood alcohol level equal to or greater than the level

29  specified in s. 316.193, or if the employee has a positive

30  confirmation of a drug as defined in this act, it is presumed

31  that the injury was occasioned primarily by the intoxication

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 1  of, or by the influence of the drug upon, the employee. If the

 2  employer has implemented a drug-free workplace, this

 3  presumption may be rebutted only by evidence that there is no

 4  reasonable hypothesis that the intoxication or drug influence

 5  contributed to the injury. In the absence of a drug-free

 6  workplace program, this presumption may be rebutted by clear

 7  and convincing evidence that the intoxication or influence of

 8  the drug did not contribute to the injury. Percent by weight

 9  of alcohol in the blood must be based upon grams of alcohol

10  per 100 milliliters of blood. If the results are positive, the

11  testing facility must maintain the specimen for a minimum of

12  90 days. Blood serum may be used for testing purposes under

13  this chapter; however, if this test is used, the presumptions

14  under this section do not arise unless the blood alcohol level

15  is proved to be medically and scientifically equivalent to or

16  greater than the comparable blood alcohol level that would

17  have been obtained if the test were based on percent by weight

18  of alcohol in the blood. However, if, before the accident, the

19  employer had actual knowledge of and expressly acquiesced in

20  the employee's presence at the workplace while under the

21  influence of such alcohol or drug, the presumptions specified

22  in this subsection do not apply.

23         Section 39.  For the purpose of incorporating the

24  amendment to section 316.193, Florida Statutes, in references

25  thereto, paragraph (d) of subsection (1) of section 493.6106,

26  Florida Statutes, is reenacted to read:

27         493.6106  License requirements; posting.--

28         (1)  Each individual licensed by the department must:

29         (d)  Not be a chronic and habitual user of alcoholic

30  beverages to the extent that her or his normal faculties are

31  impaired; not have been committed under chapter 397, former

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 1  chapter 396, or a similar law in any other state; not have

 2  been found to be a habitual offender under s. 856.011(3) or a

 3  similar law in any other state; and not have had two or more

 4  convictions under s. 316.193 or a similar law in any other

 5  state within the 3-year period immediately preceding the date

 6  the application was filed, unless the individual establishes

 7  that she or he is not currently impaired and has successfully

 8  completed a rehabilitation course.

 9         Section 40.  For the purpose of incorporating the

10  amendment to section 316.193, Florida Statutes, in references

11  thereto, paragraph (a) of subsection (2) of section 627.7275,

12  Florida Statutes, is reenacted to read:

13         627.7275  Motor vehicle liability.--

14         (2)(a)  Insurers writing motor vehicle insurance in

15  this state shall make available, subject to the insurers'

16  usual underwriting restrictions:

17         1.  Coverage under policies as described in subsection

18  (1) to any applicant for private passenger motor vehicle

19  insurance coverage who is seeking the coverage in order to

20  reinstate the applicant's driving privileges in this state

21  when the driving privileges were revoked or suspended pursuant

22  to s. 316.646 or s. 627.733 due to the failure of the

23  applicant to maintain required security.

24         2.  Coverage under policies as described in subsection

25  (1), which also provides liability coverage for bodily injury,

26  death, and property damage arising out of the ownership,

27  maintenance, or use of the motor vehicle in an amount not less

28  than the limits described in s. 324.021(7) and conforms to the

29  requirements of s. 324.151, to any applicant for private

30  passenger motor vehicle insurance coverage who is seeking the

31  coverage in order to reinstate the applicant's driving

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 1  privileges in this state after such privileges were revoked or

 2  suspended under s. 316.193 or s. 322.26(2) for driving under

 3  the influence.

 4         Section 41.  For the purpose of incorporating the

 5  amendment to section 316.193, Florida Statutes, in references

 6  thereto, subsection (4) of section 627.758, Florida Statutes,

 7  is reenacted to read:

 8         627.758  Surety on auto club traffic arrest bond;

 9  conditions, limit; bail bond.--

10         (4)  Notwithstanding the provisions of s. 626.311 or

11  chapter 648, any surety insurer identified in a guaranteed

12  traffic arrest bond certificate or any licensed general lines

13  agent of the surety insurer may execute a bail bond for the

14  automobile club or association member identified in the

15  guaranteed traffic arrest bond certificate in an amount not in

16  excess of $5,000 for any violation of chapter 316 or any

17  similar traffic law or ordinance except for driving under the

18  influence of alcoholic beverages, chemical substances, or

19  controlled substances, as prohibited by s. 316.193.

20         Section 42.  For the purpose of incorporating the

21  amendment to section 316.193, Florida Statutes, in references

22  thereto, subsections (2) and (10) of section 790.06, Florida

23  Statutes, are reenacted to read:

24         790.06  License to carry concealed weapon or firearm.--

25         (2)  The Department of Agriculture and Consumer

26  Services shall issue a license if the applicant:

27         (a)  Is a resident of the United States or is a

28  consular security official of a foreign government that

29  maintains diplomatic relations and treaties of commerce,

30  friendship, and navigation with the United States and is

31  

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 1  certified as such by the foreign government and by the

 2  appropriate embassy in this country;

 3         (b)  Is 21 years of age or older;

 4         (c)  Does not suffer from a physical infirmity which

 5  prevents the safe handling of a weapon or firearm;

 6         (d)  Is not ineligible to possess a firearm pursuant to

 7  s. 790.23 by virtue of having been convicted of a felony;

 8         (e)  Has not been committed for the abuse of a

 9  controlled substance or been found guilty of a crime under the

10  provisions of chapter 893 or similar laws of any other state

11  relating to controlled substances within a 3-year period

12  immediately preceding the date on which the application is

13  submitted;

14         (f)  Does not chronically and habitually use alcoholic

15  beverages or other substances to the extent that his or her

16  normal faculties are impaired. It shall be presumed that an

17  applicant chronically and habitually uses alcoholic beverages

18  or other substances to the extent that his or her normal

19  faculties are impaired if the applicant has been committed

20  under chapter 397 or under the provisions of former chapter

21  396 or has been convicted under s. 790.151 or has been deemed

22  a habitual offender under s. 856.011(3), or has had two or

23  more convictions under s. 316.193 or similar laws of any other

24  state, within the 3-year period immediately preceding the date

25  on which the application is submitted;

26         (g)  Desires a legal means to carry a concealed weapon

27  or firearm for lawful self-defense;

28         (h)  Demonstrates competence with a firearm by any one

29  of the following:

30  

31  

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 1         1.  Completion of any hunter education or hunter safety

 2  course approved by the Fish and Wildlife Conservation

 3  Commission or a similar agency of another state;

 4         2.  Completion of any National Rifle Association

 5  firearms safety or training course;

 6         3.  Completion of any firearms safety or training

 7  course or class available to the general public offered by a

 8  law enforcement, junior college, college, or private or public

 9  institution or organization or firearms training school,

10  utilizing instructors certified by the National Rifle

11  Association, Criminal Justice Standards and Training

12  Commission, or the Department of Agriculture and Consumer

13  Services;

14         4.  Completion of any law enforcement firearms safety

15  or training course or class offered for security guards,

16  investigators, special deputies, or any division or

17  subdivision of law enforcement or security enforcement;

18         5.  Presents evidence of equivalent experience with a

19  firearm through participation in organized shooting

20  competition or military service;

21         6.  Is licensed or has been licensed to carry a firearm

22  in this state or a county or municipality of this state,

23  unless such license has been revoked for cause; or

24         7.  Completion of any firearms training or safety

25  course or class conducted by a state-certified or National

26  Rifle Association certified firearms instructor;

27  

28  A photocopy of a certificate of completion of any of the

29  courses or classes; or an affidavit from the instructor,

30  school, club, organization, or group that conducted or taught

31  said course or class attesting to the completion of the course

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 1  or class by the applicant; or a copy of any document which

 2  shows completion of the course or class or evidences

 3  participation in firearms competition shall constitute

 4  evidence of qualification under this paragraph; any person who

 5  conducts a course pursuant to subparagraph 2., subparagraph

 6  3., or subparagraph 7., or who, as an instructor, attests to

 7  the completion of such courses, must maintain records

 8  certifying that he or she observed the student safely handle

 9  and discharge the firearm;

10         (i)  Has not been adjudicated an incapacitated person

11  under s. 744.331, or similar laws of any other state, unless 5

12  years have elapsed since the applicant's restoration to

13  capacity by court order;

14         (j)  Has not been committed to a mental institution

15  under chapter 394, or similar laws of any other state, unless

16  the applicant produces a certificate from a licensed

17  psychiatrist that he or she has not suffered from disability

18  for at least 5 years prior to the date of submission of the

19  application;

20         (k)  Has not had adjudication of guilt withheld or

21  imposition of sentence suspended on any felony or misdemeanor

22  crime of domestic violence unless 3 years have elapsed since

23  probation or any other conditions set by the court have been

24  fulfilled, or the record has been sealed or expunged;

25         (l)  Has not been issued an injunction that is

26  currently in force and effect and that restrains the applicant

27  from committing acts of domestic violence or acts of repeat

28  violence; and

29         (m)  Is not prohibited from purchasing or possessing a

30  firearm by any other provision of Florida or federal law.

31  

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 1         (10)  A license issued under this section shall be

 2  suspended or revoked pursuant to chapter 120 if the licensee:

 3         (a)  Is found to be ineligible under the criteria set

 4  forth in subsection (2);

 5         (b)  Develops or sustains a physical infirmity which

 6  prevents the safe handling of a weapon or firearm;

 7         (c)  Is convicted of a felony which would make the

 8  licensee ineligible to possess a firearm pursuant to s.

 9  790.23;

10         (d)  Is found guilty of a crime under the provisions of

11  chapter 893, or similar laws of any other state, relating to

12  controlled substances;

13         (e)  Is committed as a substance abuser under chapter

14  397, or is deemed a habitual offender under s. 856.011(3), or

15  similar laws of any other state;

16         (f)  Is convicted of a second violation of s. 316.193,

17  or a similar law of another state, within 3 years of a

18  previous conviction of such section, or similar law of another

19  state, even though the first violation may have occurred prior

20  to the date on which the application was submitted;

21         (g)  Is adjudicated an incapacitated person under s.

22  744.331, or similar laws of any other state; or

23         (h)  Is committed to a mental institution under chapter

24  394, or similar laws of any other state.

25         Section 43.  For the purpose of incorporating the

26  amendment to section 316.193, Florida Statutes, in references

27  thereto, subsection (2) of section 903.36, Florida Statutes,

28  is reenacted to read:

29         903.36  Guaranteed arrest bond certificates as cash

30  bail.--

31  

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 1         (2)  The execution of a bail bond by a licensed general

 2  lines agent of a surety insurer for the automobile club or

 3  association member identified in the guaranteed traffic arrest

 4  bond certificate, as provided in s. 627.758(4), shall be

 5  accepted as bail in an amount not to exceed $5,000 for the

 6  appearance of the person named in the certificate in any court

 7  to answer for the violation of a provision of chapter 316 or a

 8  similar traffic law or ordinance, except driving under the

 9  influence of alcoholic beverages, chemical substances, or

10  controlled substances, as prohibited by s. 316.193.

11  Presentation of the guaranteed traffic arrest bond certificate

12  and a power of attorney from the surety insurer for its

13  licensed general lines agents is authorization for such agent

14  to execute the bail bond.

15         Section 44.  For the purpose of incorporating the

16  amendment to section 316.193, Florida Statutes, in references

17  thereto, paragraph (c) of subsection (4) of section 907.041,

18  Florida Statutes, is reenacted to read:

19         907.041  Pretrial detention and release.--

20         (4)  PRETRIAL DETENTION.--

21         (c)  The court may order pretrial detention if it finds

22  a substantial probability, based on a defendant's past and

23  present patterns of behavior, the criteria in s. 903.046, and

24  any other relevant facts, that any of the following

25  circumstances exists:

26         1.  The defendant has previously violated conditions of

27  release and that no further conditions of release are

28  reasonably likely to assure the defendant's appearance at

29  subsequent proceedings;

30         2.  The defendant, with the intent to obstruct the

31  judicial process, has threatened, intimidated, or injured any

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 1  victim, potential witness, juror, or judicial officer, or has

 2  attempted or conspired to do so, and that no condition of

 3  release will reasonably prevent the obstruction of the

 4  judicial process;

 5         3.  The defendant is charged with trafficking in

 6  controlled substances as defined by s. 893.135, that there is

 7  a substantial probability that the defendant has committed the

 8  offense, and that no conditions of release will reasonably

 9  assure the defendant's appearance at subsequent criminal

10  proceedings; or

11         4.  The defendant is charged with DUI manslaughter, as

12  defined by s. 316.193, and that there is a substantial

13  probability that the defendant committed the crime and that

14  the defendant poses a threat of harm to the community;

15  conditions that would support a finding by the court pursuant

16  to this subparagraph that the defendant poses a threat of harm

17  to the community include, but are not limited to, any of the

18  following:

19         a.  The defendant has previously been convicted of any

20  crime under s. 316.193, or of any crime in any other state or

21  territory of the United States that is substantially similar

22  to any crime under s. 316.193;

23         b.  The defendant was driving with a suspended driver's

24  license when the charged crime was committed; or

25         c.  The defendant has previously been found guilty of,

26  or has had adjudication of guilt withheld for, driving while

27  the defendant's driver's license was suspended or revoked in

28  violation of s. 322.34;

29         5.  The defendant poses the threat of harm to the

30  community. The court may so conclude, if it finds that the

31  defendant is presently charged with a dangerous crime, that

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 1  there is a substantial probability that the defendant

 2  committed such crime, that the factual circumstances of the

 3  crime indicate a disregard for the safety of the community,

 4  and that there are no conditions of release reasonably

 5  sufficient to protect the community from the risk of physical

 6  harm to persons.

 7         6.  The defendant was on probation, parole, or other

 8  release pending completion of sentence or on pretrial release

 9  for a dangerous crime at the time the current offense was

10  committed; or

11         7.  The defendant has violated one or more conditions

12  of pretrial release or bond for the offense currently before

13  the court and the violation, in the discretion of the court,

14  supports a finding that no conditions of release can

15  reasonably protect the community from risk of physical harm to

16  persons or assure the presence of the accused at trial.

17         Section 45.  For the purpose of incorporating the

18  amendments to sections 316.193 and 327.35, Florida Statutes,

19  in references thereto, section 938.07, Florida Statutes, is

20  reenacted to read:

21         938.07  Driving or boating under the

22  influence.--Notwithstanding any other provision of s. 316.193

23  or s. 327.35, a court cost of $135 shall be added to any fine

24  imposed pursuant to s. 316.193 or s. 327.35. The clerks shall

25  remit the funds to the Department of Revenue, $25 of which

26  shall be deposited in the Emergency Medical Services Trust

27  Fund, $50 shall be deposited in the Criminal Justice Standards

28  and Training Trust Fund of the Department of Law Enforcement

29  to be used for operational expenses in conducting the

30  statewide criminal analysis laboratory system established in

31  

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 1  s. 943.32, and $60 shall be deposited in the Brain and Spinal

 2  Cord Injury Rehabilitation Trust Fund created in s. 381.79.

 3         Section 46.  For the purpose of incorporating the

 4  amendment to section 316.193, Florida Statutes, in references

 5  thereto, section 938.21, Florida Statutes, is reenacted to

 6  read:

 7         938.21  Alcohol and drug abuse

 8  programs.--Notwithstanding any provision to the contrary of

 9  the laws of this state, the court may assess for alcohol and

10  other drug abuse programs as provided in s. 893.165 any

11  defendant who pleads guilty or nolo contendere to, or is

12  convicted of, a violation of any provision of chapter 893 or

13  which involves a criminal violation of s. 316.193, s. 856.011,

14  s. 856.015, or chapter 562, chapter 567, or chapter 568, in

15  addition to any fine and other penalty provided by law, a

16  court cost in an amount up to the amount of the fine

17  authorized for the violation. The court is authorized to order

18  a defendant to pay an additional assessment if it finds that

19  the defendant has the ability to pay the fine and the

20  additional assessment and will not be prevented thereby from

21  being rehabilitated or from making restitution.

22         Section 47.  For the purpose of incorporating the

23  amendment to section 316.193, Florida Statutes, in references

24  thereto, subsection (1) of section 938.23, Florida Statutes,

25  is reenacted to read:

26         938.23  Assistance grants for alcohol and other drug

27  abuse programs.--

28         (1)  In addition to any fine imposed by law for any

29  criminal offense under chapter 893 or for any criminal

30  violation of s. 316.193, s. 856.011, s. 856.015, or chapter

31  562, chapter 567, or chapter 568, the court shall be

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 1  authorized, pursuant to the requirements of s. 938.21, to

 2  impose an additional assessment in an amount up to the amount

 3  of the fine authorized for the offense. Such additional

 4  assessments shall be deposited for the purpose of providing

 5  assistance grants to drug abuse treatment or alcohol treatment

 6  or education programs as provided in s. 893.165.

 7         Section 48.  For the purpose of incorporating the

 8  amendment to section 316.193, Florida Statutes, in references

 9  thereto, paragraph (d) of subsection (2) of section 943.05,

10  Florida Statutes, is reenacted to read:

11         943.05  Criminal Justice Information Program; duties;

12  crime reports.--

13         (2)  The program shall:

14         (d)  Adopt rules to effectively and efficiently

15  implement, administer, manage, maintain, and use the automated

16  fingerprint identification system and uniform offense reports

17  and arrest reports. The rules shall be considered minimum

18  requirements and shall not preclude a criminal justice agency

19  from implementing its own enhancements. However, rules and

20  forms prescribing uniform arrest or probable cause affidavits

21  and alcohol influence reports to be used by all law

22  enforcement agencies in making DUI arrests under s. 316.193

23  shall be adopted, and shall be used by all law enforcement

24  agencies in this state. The rules and forms prescribing such

25  uniform affidavits and reports shall be adopted and

26  implemented by July 1, 2004. Failure to use these uniform

27  affidavits and reports, however, shall not prohibit

28  prosecution under s. 316.193.

29         Section 49.  For the purpose of incorporating the

30  amendment made to section 316.193, Florida Statutes, in a

31  

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 1  reference thereto, subsection (2) of section 948.036, Florida

 2  Statutes, is reenacted to read:

 3         948.036  Work programs as a condition of probation,

 4  community control, or other court-ordered community

 5  supervision.--

 6         (2)  In determining the average weekly wage, unless

 7  otherwise determined by a specific funding program, all

 8  remuneration received from the employer shall be considered a

 9  gratuity, and the offender shall not be entitled to any

10  benefits otherwise payable under s. 440.15, regardless of

11  whether the offender may be receiving wages and remuneration

12  from other employment with another employer and regardless of

13  his or her future wage-earning capacity. The provisions of

14  this section do not apply to any person performing labor under

15  a sentence of a court to perform community services as

16  provided in s. 316.193.

17         Section 50.  For the purpose of incorporating the

18  amendment to section 316.193, Florida Statutes, in references

19  thereto, paragraph (b) of subsection (3) of section 960.03,

20  Florida Statutes, is reenacted to read:

21         960.03  Definitions; ss. 960.01-960.28.--As used in ss.

22  960.01-960.28, unless the context otherwise requires, the

23  term:

24         (3)  "Crime" means:

25         (b)  A violation of s. 316.193, s. 316.027(1), s.

26  327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results

27  in physical injury or death; however, no other act involving

28  the operation of a motor vehicle, boat, or aircraft which

29  results in injury or death shall constitute a crime for the

30  purpose of this chapter unless the injury or death was

31  intentionally inflicted through the use of such vehicle, boat,

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 1  or aircraft or unless such vehicle, boat, or aircraft is an

 2  implement of a crime to which this act applies.

 3         Section 51.  For the purpose of incorporating the

 4  amendment to section 327.35, Florida Statutes, in references

 5  thereto, subsection (3) of section 327.352, Florida Statutes,

 6  is reenacted to read:

 7         327.352  Tests for alcohol, chemical substances, or

 8  controlled substances; implied consent; refusal.--

 9         (3)  Notwithstanding any provision of law pertaining to

10  the confidentiality of hospital records or other medical

11  records, information relating to the alcoholic content of the

12  blood or breath or the presence of chemical substances or

13  controlled substances in the blood obtained pursuant to this

14  section shall be released to a court, prosecuting attorney,

15  defense attorney, or law enforcement officer in connection

16  with an alleged violation of s. 327.35 upon request for such

17  information.

18         Section 52.  For the purpose of incorporating the

19  amendment to section 327.35, Florida Statutes, in references

20  thereto, subsections (1) and (2) of section 327.35215, Florida

21  Statutes, are reenacted to read:

22         327.35215  Penalty for failure to submit to test.--

23         (1)  A person who is lawfully arrested for an alleged

24  violation of s. 327.35 and who refuses to submit to a blood

25  test, breath test, or urine test pursuant to s. 327.352 is

26  subject to a civil penalty of $500.

27         (2)  When a person refuses to submit to a blood test,

28  breath test, or urine test pursuant to s. 327.352, a law

29  enforcement officer who is authorized to make arrests for

30  violations of this chapter shall file with the clerk of the

31  court, on a form provided by the department, a certified

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 1  statement that probable cause existed to arrest the person for

 2  a violation of s. 327.35 and that the person refused to submit

 3  to a test as required by s. 327.352. Along with the statement,

 4  the officer must also submit a sworn statement on a form

 5  provided by the department that the person has been advised of

 6  both the penalties for failure to submit to the blood, breath,

 7  or urine test and the procedure for requesting a hearing.

 8         Section 53.  For the purpose of incorporating the

 9  amendment to section 327.35, Florida Statutes, in references

10  thereto, subsection (4) of section 327.353, Florida Statutes,

11  is reenacted to read:

12         327.353  Blood test for impairment or intoxication in

13  cases of death or serious bodily injury; right to use

14  reasonable force.--

15         (4)  Notwithstanding any provision of law pertaining to

16  the confidentiality of hospital records or other medical

17  records, information relating to the alcoholic content of the

18  blood or the presence of chemical substances or controlled

19  substances in the blood obtained pursuant to this section

20  shall be released to a court, prosecuting attorney, defense

21  attorney, or law enforcement officer in connection with an

22  alleged violation of s. 327.35 upon request for such

23  information.

24         Section 54.  For the purpose of incorporating the

25  amendment to section 327.35, Florida Statutes, in references

26  thereto, subsections (1) and (4) of section 327.354, Florida

27  Statutes, are reenacted to read:

28         327.354  Presumption of impairment; testing methods.--

29         (1)  It is unlawful and punishable as provided in s.

30  327.35 for any person who is under the influence of alcoholic

31  beverages or controlled substances, when affected to the

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 1  extent that the person's normal faculties are impaired or to

 2  the extent that the person is deprived of full possession of

 3  normal faculties, to operate any vessel within this state.

 4  Such normal faculties include, but are not limited to, the

 5  ability to see, hear, walk, talk, judge distances, drive an

 6  automobile, make judgments, act in emergencies, and, in

 7  general, normally perform the many mental and physical acts of

 8  daily life.

 9         (4)  Any person charged with a violation of s. 327.35

10  is entitled to trial by jury according to the Florida Rules of

11  Criminal Procedure.

12         Section 55.  For the purpose of incorporating the

13  amendment to section 327.35, Florida Statutes, in references

14  thereto, paragraph (a) of subsection (1) and subsection (4) of

15  section 327.355, Florida Statutes, are reenacted to read:

16         327.355  Operation of vessels by persons under 21 years

17  of age who have consumed alcoholic beverages.--

18         (1)(a)  Notwithstanding s. 327.35, it is unlawful for a

19  person under the age of 21 who has a breath-alcohol level of

20  0.02 or higher to operate or be in actual physical control of

21  a vessel.

22         (4)  A violation of this section is a noncriminal

23  infraction, and being detained pursuant to this section does

24  not constitute an arrest. This section does not bar

25  prosecution under s. 327.35, and the penalties provided herein

26  shall be imposed in addition to any other penalty provided for

27  boating under the influence or for refusal to submit to

28  testing.

29         Section 56.  For the purpose of incorporating the

30  amendment to section 327.35, Florida Statutes, in references

31  

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 1  thereto, section 327.359, Florida Statutes, is reenacted to

 2  read:

 3         327.359  Refusal to submit to testing; penalties.--Any

 4  person who has refused to submit to a chemical or physical

 5  test of his or her breath, blood, or urine, as described in s.

 6  327.352, and who has been previously fined for refusal to

 7  submit to a lawful test of his or her breath, urine, or blood,

 8  and:

 9         (1)  Who the arresting law enforcement officer had

10  probable cause to believe was operating or in actual physical

11  control of a vessel in this state while under the influence of

12  alcoholic beverages, chemical substances, or controlled

13  substances;

14         (2)  Who was placed under lawful arrest for a violation

15  of s. 327.35 unless such test was requested pursuant to s.

16  327.352(1)(c);

17         (3)  Who was informed that if he or she refused to

18  submit to such test he or she is subject to a fine of $500;

19         (4)  Who was informed that a refusal to submit to a

20  lawful test of his or her breath, urine, or blood, if he or

21  she has been previously fined for refusal to submit to a

22  lawful test of his or her breath, urine, or blood, is a

23  misdemeanor; and

24         (5)  Who, after having been so informed, refused to

25  submit to any such test when requested to do so by a law

26  enforcement officer or correctional officer

27  

28  commits a misdemeanor of the first degree and is subject to

29  punishment as provided in s. 775.082 or s. 775.083.

30         Section 57.  For the purpose of incorporating the

31  amendment to section 327.35, Florida Statutes, in references

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 1  thereto, section 327.36, Florida Statutes, is reenacted to

 2  read:

 3         327.36  Mandatory adjudication; prohibition against

 4  accepting plea to lesser included offense.--

 5         (1)  Notwithstanding the provisions of s. 948.01, no

 6  court may suspend, defer, or withhold adjudication of guilt or

 7  imposition of sentence for any violation of s. 327.35, for

 8  manslaughter resulting from the operation of a vessel, or for

 9  vessel homicide.

10         (2)(a)  No trial judge may accept a plea of guilty to a

11  lesser offense from a person who is charged with a violation

12  of s. 327.35, manslaughter resulting from the operation of a

13  vessel, or vessel homicide and who has been given a breath or

14  blood test to determine blood or breath alcohol content, the

15  results of which show a blood-alcohol level or breath-alcohol

16  level of 0.16 or more.

17         (b)  A trial judge may not accept a plea of guilty to a

18  lesser offense from a person charged with a felony violation

19  of s. 327.35, manslaughter resulting from the operation of a

20  vessel, or vessel homicide.

21         Section 58.  This act shall take effect October 1,

22  2006.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Revises the level of alcohol content in blood or breath
      at which certain penalties apply for the offense of
27    driving under the influence. Revises the level of alcohol
      content in blood or breath at which the prohibition
28    against accepting a plea to a lesser offense applies.
      Revises the level of alcohol content in blood or breath
29    at which certain penalties apply for the offense of
      boating under the influence.
30  

31  

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