HB 131

1	A bill to be entitled
2	An act relating to driving or boating under the influence;
3	amending s. 316.193, F.S.; revising level of alcohol
4	content in blood or breath at which certain penalties
5	shall apply for the offense of driving under the
6	influence; amending s. 316.656, F.S.; revising level of
7	alcohol content in blood or breath at which the
8	prohibition against accepting plea to lesser offense shall
9	apply; amending s. 327.35, F.S.; revising level of alcohol
10	content in blood or breath at which certain penalties
11	shall apply for the offense of boating under the
12	influence; reenacting ss. 316.066(3)(a), 316.072(4)(b),
13	316.1932(3), 316.1933(4), 316.1934(1) and (4),
14	316.1939(1)(b), 318.143(4) and (5), 318.17(3),
15	320.055(1)(b), 322.03(2), 322.0602(2)(a), 322.21(8),
16	322.25(5), 322.26(1)(a), 322.2615(1), (2), (7), (8)(b),
17	(10)(b), (14)(a), and (16), 322.2616(1)(a), (15), and
18	(19), 322.264(1)(b), 322.271(2)(a) and (c) and (4),
19	322.2715(2), (3)(a) and (c), and (4), 322.28(2),
20	322.282(2)(a), 322.291(1)(a), 322.34(9)(a), 322.44,
21	322.62(3), 322.63(2)(d) and (6), 322.64(1), (2), (7)(a),
22	(8)(b), (14), and (15), 323.001(4)(f), 324.131, 327.35(6),
23	337.195(1), 440.02(17)(c), 440.09(7)(b), 493.6106(1)(d),
24	627.7275(2)(a), 627.758(4), 790.06(2)(f) and (10)(f),
25	903.36(2), 907.041(4)(c), 938.21, 938.23(1), 948.036(2),
26	and 960.03(3)(b), F.S., relating to written reports of
27	crashes; obedience to and effect of traffic laws; implied
28	consent and refusal with respect to tests for alcohol,
29	chemical substances, or controlled substances; blood test
30	for impairment or intoxication in cases of death or
31	serious bodily injury and right to use reasonable force;
32	presumption of impairment and testing methods; refusal to
33	submit to testing and penalties; sanctions for infractions
34	by minors; offenses excepted; registration and renewal
35	periods; requirements for issuance of a license; Youthful
36	Drunk Driver Visitation Program; license fees and
37	procedures; when court to forward license to department
38	and report convictions, and temporary reinstatement of
39	driving privileges; mandatory revocation of license by
40	department; suspension of license and right to review;
41	suspension of license of persons under 21 years of age and
42	right to review; habitual traffic offender; authority to
43	modify revocation, cancellation, or suspension order;
44	ignition interlock device; period of suspension or
45	revocation; procedure when court revokes or suspends
46	license or driving privilege and orders reinstatement;
47	driver improvement schools or DUI programs, required in
48	certain suspension and revocation cases; driving while
49	license suspended, revoked, canceled, or disqualified; the
50	Driver License Compact; driving under the influence and
51	commercial motor vehicle operators; alcohol or drug
52	testing and commercial motor vehicle operators; holder of
53	commercial driver's license driving with unlawful blood-
54	alcohol level and refusal to submit to breath, urine, or
55	blood test; wrecker operator storage facilities and
56	vehicle holds; period of suspension; boating under the
57	influence, penalties, and designated drivers; limits on
58	liability; definition of "employment" for purposes of the
59	Workers' Compensation Law; coverage; license requirements
60	and posting; motor vehicle liability; surety on auto club
61	traffic arrest bond, conditions, limit, and bail bond;
62	license to carry concealed weapon or firearm; guaranteed
63	arrest bond certificates as cash bail; pretrial detention
64	and release; alcohol and drug abuse programs; assistance
65	grants for alcohol and other drug abuse programs; work
66	programs as a condition of probation, community control,
67	or other court-ordered community supervision; and
68	definition of "crime" for purposes of the Florida Crimes
69	Compensation Act, to incorporate the amendment to s.
70	316.193, F.S., in references thereto; reenacting ss.
71	316.193(6), 327.352(3), 327.35215(1) and (2), 327.353(4),
72	327.354(1) and (4), 327.355(1)(a) and (4), 327.359(2), and
73	327.36, F.S., relating to tests for alcohol, chemical
74	substances, or controlled substances, implied consent, and
75	refusal; penalty for failure to submit to test; blood test
76	for impairment or intoxication in cases of death or
77	serious bodily injury and the right to use reasonable
78	force; presumption of impairment and testing methods;
79	operation of vessels by persons under 21 years of age who
80	have consumed alcoholic beverages; penalties for refusal
81	to submit to testing; mandatory adjudication and
82	prohibition against accepting plea to lesser included
83	offense, to incorporate the amendment to s. 327.35, F.S.,
84	in references thereto; reenacting s. 938.07, F.S.,
85	relating to driving or boating under the influence, to
86	incorporate the amendments to ss. 316.193 and 327.35,
87	F.S., in references thereto; providing an effective date.
88
89	Be It Enacted by the Legislature of the State of Florida:
90
91	Section 1.  Subsection (4) of section 316.193, Florida
92	Statutes, is amended, and for the purpose of incorporating the
93	amendment made by this act to s. 327.35, Florida Statutes, in a
94	reference thereto, subsection (6) of section 316.193, Florida
95	Statutes, is reenacted, to read:
96	316.193  Driving under the influence; penalties.--
97	(4)(a)  Any person who is convicted of a violation of
98	subsection (1) and who has a blood-alcohol level or breath-
99	alcohol level of 0.16 0.20 or higher, or any person who is
100	convicted of a violation of subsection (1) and who at the time
101	of the offense was accompanied in the vehicle by a person under
102	the age of 18 years, shall be punished:
103	1.(a)  By a fine of:
104	a.1.  Not less than $500 or more than $1,000 for a first
105	conviction.
106	b.2.  Not less than $1,000 or more than $2,000 for a second
107	conviction.
108	c.3.  Not less than $2,000 for a third or subsequent
109	conviction.
110	2.(b)  By imprisonment for:
111	a.1.  Not more than 9 months for a first conviction.
112	b.2.  Not more than 12 months for a second conviction.
113
114	For the purposes of this subsection, only the instant offense is
115	required to be a violation of subsection (1) by a person who has
116	a blood-alcohol level or breath-alcohol level of 0.20 or higher.
117	(b)(c)  In addition to the penalties in paragraph
118	paragraphs (a) and (b), the court shall order the mandatory
119	placement, at the convicted person's sole expense, of an
120	ignition interlock device approved by the department in
121	accordance with s. 316.1938 upon all vehicles that are
122	individually or jointly leased or owned and routinely operated
123	by the convicted person for up to 6 months for the first offense
124	and for at least 2 years for a second offense, when the
125	convicted person qualifies for a permanent or restricted
126	license. The installation of such device may not occur before
127	July 1, 2003.
128
129	For the purposes of this subsection, only the instant offense is
130	required to be a violation of subsection (1) by a person who has
131	a blood-alcohol level or breath-alcohol level of 0.16 or higher.
132	(6)  With respect to any person convicted of a violation of
133	subsection (1), regardless of any penalty imposed pursuant to
134	subsection (2), subsection (3), or subsection (4):
135	(a)  For the first conviction, the court shall place the
136	defendant on probation for a period not to exceed 1 year and, as
137	a condition of such probation, shall order the defendant to
138	participate in public service or a community work project for a
139	minimum of 50 hours; or the court may order instead, that any
140	defendant pay an additional fine of $10 for each hour of public
141	service or community work otherwise required, if, after
142	consideration of the residence or location of the defendant at
143	the time public service or community work is required, payment
144	of the fine is in the best interests of the state. However, the
145	total period of probation and incarceration may not exceed 1
146	year. The court must also, as a condition of probation, order
147	the impoundment or immobilization of the vehicle that was
148	operated by or in the actual control of the defendant or any one
149	vehicle registered in the defendant's name at the time of
150	impoundment or immobilization, for a period of 10 days or for
151	the unexpired term of any lease or rental agreement that expires
152	within 10 days. The impoundment or immobilization must not occur
153	concurrently with the incarceration of the defendant. The
154	impoundment or immobilization order may be dismissed in
155	accordance with paragraph (e), paragraph (f), paragraph (g), or
156	paragraph (h).
157	(b)  For the second conviction for an offense that occurs
158	within a period of 5 years after the date of a prior conviction
159	for violation of this section, the court shall order
160	imprisonment for not less than 10 days. The court must also, as
161	a condition of probation, order the impoundment or
162	immobilization of all vehicles owned by the defendant at the
163	time of impoundment or immobilization, for a period of 30 days
164	or for the unexpired term of any lease or rental agreement that
165	expires within 30 days. The impoundment or immobilization must
166	not occur concurrently with the incarceration of the defendant
167	and must occur concurrently with the driver's license revocation
168	imposed under s. 322.28(2)(a)2. The impoundment or
169	immobilization order may be dismissed in accordance with
170	paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
171	At least 48 hours of confinement must be consecutive.
172	(c)  For the third or subsequent conviction for an offense
173	that occurs within a period of 10 years after the date of a
174	prior conviction for violation of this section, the court shall
175	order imprisonment for not less than 30 days. The court must
176	also, as a condition of probation, order the impoundment or
177	immobilization of all vehicles owned by the defendant at the
178	time of impoundment or immobilization, for a period of 90 days
179	or for the unexpired term of any lease or rental agreement that
180	expires within 90 days. The impoundment or immobilization must
181	not occur concurrently with the incarceration of the defendant
182	and must occur concurrently with the driver's license revocation
183	imposed under s. 322.28(2)(a)3. The impoundment or
184	immobilization order may be dismissed in accordance with
185	paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
186	At least 48 hours of confinement must be consecutive.
187	(d)  The court must at the time of sentencing the defendant
188	issue an order for the impoundment or immobilization of a
189	vehicle. Within 7 business days after the date that the court
190	issues the order of impoundment or immobilization, the clerk of
191	the court must send notice by certified mail, return receipt
192	requested, to the registered owner of each vehicle, if the
193	registered owner is a person other than the defendant, and to
194	each person of record claiming a lien against the vehicle.
195	(e)  A person who owns but was not operating the vehicle
196	when the offense occurred may submit to the court a police
197	report indicating that the vehicle was stolen at the time of the
198	offense or documentation of having purchased the vehicle after
199	the offense was committed from an entity other than the
200	defendant or the defendant's agent. If the court finds that the
201	vehicle was stolen or that the sale was not made to circumvent
202	the order and allow the defendant continued access to the
203	vehicle, the order must be dismissed and the owner of the
204	vehicle will incur no costs. If the court denies the request to
205	dismiss the order of impoundment or immobilization, the
206	petitioner may request an evidentiary hearing.
207	(f)  A person who owns but was not operating the vehicle
208	when the offense occurred, and whose vehicle was stolen or who
209	purchased the vehicle after the offense was committed directly
210	from the defendant or the defendant's agent, may request an
211	evidentiary hearing to determine whether the impoundment or
212	immobilization should occur. If the court finds that either the
213	vehicle was stolen or the purchase was made without knowledge of
214	the offense, that the purchaser had no relationship to the
215	defendant other than through the transaction, and that such
216	purchase would not circumvent the order and allow the defendant
217	continued access to the vehicle, the order must be dismissed and
218	the owner of the vehicle will incur no costs.
219	(g)  The court shall also dismiss the order of impoundment
220	or immobilization of the vehicle if the court finds that the
221	family of the owner of the vehicle has no other private or
222	public means of transportation.
223	(h)  The court may also dismiss the order of impoundment or
224	immobilization of any vehicles that are owned by the defendant
225	but that are operated solely by the employees of the defendant
226	or any business owned by the defendant.
227	(i)  All costs and fees for the impoundment or
228	immobilization, including the cost of notification, must be paid
229	by the owner of the vehicle or, if the vehicle is leased or
230	rented, by the person leasing or renting the vehicle, unless the
231	impoundment or immobilization order is dismissed. All provisions
232	of s. 713.78 shall apply.
233	(j)  The person who owns a vehicle that is impounded or
234	immobilized under this paragraph, or a person who has a lien of
235	record against such a vehicle and who has not requested a review
236	of the impoundment pursuant to paragraph (e), paragraph (f), or
237	paragraph (g), may, within 10 days after the date that person
238	has knowledge of the location of the vehicle, file a complaint
239	in the county in which the owner resides to determine whether
240	the vehicle was wrongfully taken or withheld from the owner or
241	lienholder. Upon the filing of a complaint, the owner or
242	lienholder may have the vehicle released by posting with the
243	court a bond or other adequate security equal to the amount of
244	the costs and fees for impoundment or immobilization, including
245	towing or storage, to ensure the payment of such costs and fees
246	if the owner or lienholder does not prevail. When the bond is
247	posted and the fee is paid as set forth in s. 28.24, the clerk
248	of the court shall issue a certificate releasing the vehicle. At
249	the time of release, after reasonable inspection, the owner or
250	lienholder must give a receipt to the towing or storage company
251	indicating any loss or damage to the vehicle or to the contents
252	of the vehicle.
253	(k)  A defendant, in the court's discretion, may be
254	required to serve all or any portion of a term of imprisonment
255	to which the defendant has been sentenced pursuant to this
256	section in a residential alcoholism treatment program or a
257	residential drug abuse treatment program. Any time spent in such
258	a program must be credited by the court toward the term of
259	imprisonment.
260
261	For the purposes of this section, any conviction for a violation
262	of s. 327.35; a previous conviction for the violation of former
263	s. 316.1931, former s. 860.01, or former s. 316.028; or a
264	previous conviction outside this state for driving under the
265	influence, driving while intoxicated, driving with an unlawful
266	blood-alcohol level, driving with an unlawful breath-alcohol
267	level, or any other similar alcohol-related or drug-related
268	traffic offense, is also considered a previous conviction for
269	violation of this section. However, in satisfaction of the fine
270	imposed pursuant to this section, the court may, upon a finding
271	that the defendant is financially unable to pay either all or
272	part of the fine, order that the defendant participate for a
273	specified additional period of time in public service or a
274	community work project in lieu of payment of that portion of the
275	fine which the court determines the defendant is unable to pay.
276	In determining such additional sentence, the court shall
277	consider the amount of the unpaid portion of the fine and the
278	reasonable value of the services to be ordered; however, the
279	court may not compute the reasonable value of services at a rate
280	less than the federal minimum wage at the time of sentencing.
281	Section 2.  Section 316.656, Florida Statutes, is amended
282	to read:
283	316.656  Mandatory adjudication; prohibition against
284	accepting plea to lesser included offense.--
285	(1)  Notwithstanding the provisions of s. 948.01, no court
286	may suspend, defer, or withhold adjudication of guilt or
287	imposition of sentence for any violation of s. 316.193, for
288	manslaughter resulting from the operation of a motor vehicle, or
289	for vehicular homicide.
290	(2)(a)  No trial judge may accept a plea of guilty to a
291	lesser offense from a person charged under the provisions of
292	this act who has been given a breath or blood test to determine
293	blood or breath alcohol content, the results of which show a
294	blood or breath alcohol content by weight of 0.16 0.20 percent
295	or more.
296	(b)  No trial judge may accept a plea of guilty to a lesser
297	offense from a person charged with a violation of s. 316.193(3),
298	manslaughter resulting from the operation of a motor vehicle, or
299	vehicular homicide.
300	Section 3.  Subsection (4) of section 327.35, Florida
301	Statutes, is amended to read:
302	327.35  Boating under the influence; penalties; "designated
303	drivers".--
304	(4)  Any person who is convicted of a violation of
305	subsection (1) and who has a blood-alcohol level or breath-
306	alcohol level of 0.16 0.20 or higher, or any person who is
307	convicted of a violation of subsection (1) and who at the time
308	of the offense was accompanied in the vessel by a person under
309	the age of 18 years, shall be punished:
310	(a)  By a fine of:
311	1.  Not less than $500 or more than $1,000 for a first
312	conviction.
313	2.  Not less than $1,000 or more than $2,000 for a second
314	conviction.
315	3.  Not less than $2,000 for a third or subsequent
316	conviction.
317	(b)  By imprisonment for:
318	1.  Not more than 9 months for a first conviction.
319	2.  Not more than 12 months for a second conviction.
320
321	For the purposes of this subsection, only the instant offense is
322	required to be a violation of subsection (1) by a person who has
323	a blood-alcohol level or breath-alcohol level of 0.16 0.20 or
324	higher.
325	Section 4.  For the purpose of incorporating the amendment
326	made by this act to section 316.193, Florida Statutes, in a
327	reference thereto, paragraph (a) of subsection (3) of section
328	316.066, Florida Statutes, is reenacted to read:
329	316.066  Written reports of crashes.--
330	(3)(a)  Every law enforcement officer who in the regular
331	course of duty investigates a motor vehicle crash:
332	1.  Which crash resulted in death or personal injury shall,
333	within 10 days after completing the investigation, forward a
334	written report of the crash to the department or traffic records
335	center.
336	2.  Which crash involved a violation of s. 316.061(1) or s.
337	316.193 shall, within 10 days after completing the
338	investigation, forward a written report of the crash to the
339	department or traffic records center.
340	3.  In which crash a vehicle was rendered inoperative to a
341	degree which required a wrecker to remove it from traffic may,
342	within 10 days after completing the investigation, forward a
343	written report of the crash to the department or traffic records
344	center if such action is appropriate, in the officer's
345	discretion.
346
347	However, in every case in which a crash report is required by
348	this section and a written report to a law enforcement officer
349	is not prepared, the law enforcement officer shall provide each
350	party involved in the crash a short-form report, prescribed by
351	the state, to be completed by the party. The short-form report
352	must include, but is not limited to: the date, time, and
353	location of the crash; a description of the vehicles involved;
354	the names and addresses of the parties involved; the names and
355	addresses of witnesses; the name, badge number, and law
356	enforcement agency of the officer investigating the crash; and
357	the names of the insurance companies for the respective parties
358	involved in the crash. Each party to the crash shall provide the
359	law enforcement officer with proof of insurance to be included
360	in the crash report. If a law enforcement officer submits a
361	report on the accident, proof of insurance must be provided to
362	the officer by each party involved in the crash. Any party who
363	fails to provide the required information is guilty of an
364	infraction for a nonmoving violation, punishable as provided in
365	chapter 318 unless the officer determines that due to injuries
366	or other special circumstances such insurance information cannot
367	be provided immediately. If the person provides the law
368	enforcement agency, within 24 hours after the crash, proof of
369	insurance that was valid at the time of the crash, the law
370	enforcement agency may void the citation.
371	Section 5.  For the purpose of incorporating the amendment
372	made by this act to section 316.193, Florida Statutes, in a
373	reference thereto, paragraph (b) of subsection (4) of section
374	316.072, Florida Statutes, is reenacted to read:
375	316.072  Obedience to and effect of traffic laws.--
376	(4)  PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
377	EXCEPTIONS.--
378	(b)  Unless specifically made applicable, the provisions of
379	this chapter, except those contained in ss. 316.192, 316.1925,
380	and 316.193, shall not apply to persons, teams, or motor
381	vehicles and other equipment while actually engaged in work upon
382	the surface of a highway, but shall apply to such persons and
383	vehicles when traveling to or from such work.
384	Section 6.  For the purpose of incorporating the amendment
385	made by this act to section 316.193, Florida Statutes, in a
386	reference thereto, subsection (3) of section 316.1932, Florida
387	Statutes, is reenacted to read:
388	316.1932  Tests for alcohol, chemical substances, or
389	controlled substances; implied consent; refusal.--
390	(3)  Notwithstanding any provision of law pertaining to the
391	confidentiality of hospital records or other medical records,
392	information relating to the alcoholic content of the blood or
393	breath or the presence of chemical substances or controlled
394	substances in the blood obtained pursuant to this section shall
395	be released to a court, prosecuting attorney, defense attorney,
396	or law enforcement officer in connection with an alleged
397	violation of s. 316.193 upon request for such information.
398	Section 7.  For the purpose of incorporating the amendment
399	made by this act to section 316.193, Florida Statutes, in a
400	reference thereto, subsection (4) of section 316.1933, Florida
401	Statutes, is reenacted to read:
402	316.1933  Blood test for impairment or intoxication in
403	cases of death or serious bodily injury; right to use reasonable
404	force.--
405	(4)  Notwithstanding any provision of law pertaining to the
406	confidentiality of hospital records or other medical records,
407	information relating to the alcoholic content of the blood or
408	the presence of chemical substances or controlled substances in
409	the blood obtained pursuant to this section shall be released to
410	a court, prosecuting attorney, defense attorney, or law
411	enforcement officer in connection with an alleged violation of
412	s. 316.193 upon request for such information.
413	Section 8.  For the purpose of incorporating the amendment
414	made by this act to section 316.193, Florida Statutes, in
415	references thereto, subsections (1) and (4) of section 316.1934,
416	Florida Statutes, are reenacted to read:
417	316.1934  Presumption of impairment; testing methods.--
418	(1)  It is unlawful and punishable as provided in chapter
419	322 and in s. 316.193 for any person who is under the influence
420	of alcoholic beverages or controlled substances, when affected
421	to the extent that the person's normal faculties are impaired or
422	to the extent that the person is deprived of full possession of
423	normal faculties, to drive or be in actual physical control of
424	any motor vehicle within this state. Such normal faculties
425	include, but are not limited to, the ability to see, hear, walk,
426	talk, judge distances, drive an automobile, make judgments, act
427	in emergencies, and, in general, normally perform the many
428	mental and physical acts of daily life.
429	(4)  Any person charged with a violation of s. 316.193,
430	whether in a municipality or not, is entitled to trial by jury
431	according to the Florida Rules of Criminal Procedure.
432	Section 9.  For the purpose of incorporating the amendment
433	made by this act to section 316.193, Florida Statutes, in a
434	reference thereto, paragraph (b) of subsection (1) of section
435	316.1939, Florida Statutes, is reenacted to read:
436	316.1939  Refusal to submit to testing; penalties.--
437	(1)  Any person who has refused to submit to a chemical or
438	physical test of his or her breath, blood, or urine, as
439	described in s. 316.1932, and whose driving privilege was
440	previously suspended for a prior refusal to submit to a lawful
441	test of his or her breath, urine, or blood, and:
442	(b)  Who was placed under lawful arrest for a violation of
443	s. 316.193 unless such test was requested pursuant to s.
444	316.1932(1)(c);
445
446	commits a misdemeanor of the first degree and is subject to
447	punishment as provided in s. 775.082 or s. 775.083.
448	Section 10.  For the purpose of incorporating the amendment
449	made by this act to section 316.193, Florida Statutes, in
450	references thereto, subsections (4) and (5) of section 318.143,
451	Florida Statutes, are reenacted to read:
452	318.143  Sanctions for infractions by minors.--
453	(4)  For the first conviction for a violation of s.
454	316.193, the court may order the Department of Highway Safety
455	and Motor Vehicles to revoke the minor's driver's license until
456	the minor is 18 years of age. For a second or subsequent
457	conviction for such a violation, the court may order the
458	Department of Highway Safety and Motor Vehicles to revoke the
459	minor's driver's license until the minor is 21 years of age.
460	(5)  A minor who is arrested for a violation of s. 316.193
461	may be released from custody as soon as:
462	(a)  The minor is no longer under the influence of
463	alcoholic beverages, of any chemical substance set forth in s.
464	877.111, or of any substance controlled under chapter 893, and
465	is not affected to the extent that his or her normal faculties
466	are impaired;
467	(b)  The minor's blood-alcohol level is less than 0.05
468	percent; or
469	(c)  Six hours have elapsed after the minor's arrest.
470	Section 11.  For the purpose of incorporating the amendment
471	made by this act to section 316.193, Florida Statutes, in a
472	reference thereto, subsection (3) of section 318.17, Florida
473	Statutes, is reenacted to read:
474	318.17  Offenses excepted.--No provision of this chapter is
475	available to a person who is charged with any of the following
476	offenses:
477	(3)  Driving, or being in actual physical control of, any
478	vehicle while under the influence of alcoholic beverages, any
479	chemical substance set forth in s. 877.111, or any substance
480	controlled under chapter 893, in violation of s. 316.193, or
481	driving with an unlawful blood-alcohol level;
482	Section 12.  For the purpose of incorporating the amendment
483	made by this act to section 316.193, Florida Statutes, in a
484	reference thereto, paragraph (b) of subsection (1) of section
485	320.055, Florida Statutes, is reenacted to read:
486	320.055  Registration periods; renewal periods.--The
487	following registration periods and renewal periods are
488	established:
489	(1)
490	(b)  Notwithstanding the requirements of paragraph (a), the
491	owner of a motor vehicle subject to paragraph (a) who has had
492	his or her driver's license suspended pursuant to a violation of
493	s. 316.193 or pursuant to s. 322.26(2) for driving under the
494	influence must obtain a 6-month registration as a condition of
495	reinstating the license, subject to renewal during the 3-year
496	period that financial responsibility requirements apply. The
497	registration period begins the first day of the birth month of
498	the owner and ends the last day of the fifth month immediately
499	following the owner's birth month. For such vehicles, the
500	department shall issue a vehicle registration certificate that
501	is valid for 6 months and shall issue a validation sticker that
502	displays an expiration date of 6 months after the date of
503	issuance. The license tax required by s. 320.08 and all other
504	applicable license taxes shall be one-half of the amount
505	otherwise required, except the service charge required by s.
506	320.04 shall be paid in full for each 6-month registration.
507	Section 13.  For the purpose of incorporating the amendment
508	made by this act to section 316.193, Florida Statutes, in
509	references thereto, subsection (2) of section 322.03, Florida
510	Statutes, is reenacted to read:
511	322.03  Drivers must be licensed; penalties.--
512	(2)  Prior to issuing a driver's license, the department
513	shall require any person who has been convicted two or more
514	times of a violation of s. 316.193 or of a substantially similar
515	alcohol-related or drug-related offense outside this state
516	within the preceding 5 years, or who has been convicted of three
517	or more such offenses within the preceding 10 years, to present
518	proof of successful completion of or enrollment in a department-
519	approved substance abuse education course. If the person fails
520	to complete such education course within 90 days after issuance,
521	the department shall cancel the license. Further, prior to
522	issuing the driver's license the department shall require such
523	person to present proof of financial responsibility as provided
524	in s. 324.031. For the purposes of this paragraph, a previous
525	conviction for violation of former s. 316.028, former s.
526	316.1931, or former s. 860.01 shall be considered a previous
527	conviction for violation of s. 316.193.
528	Section 14.  For the purpose of incorporating the amendment
529	made by this act to section 316.193, Florida Statutes, in a
530	reference thereto, paragraph (a) of subsection (2) of section
531	322.0602, Florida Statutes, is reenacted to read:
532	322.0602  Youthful Drunk Driver Visitation Program.--
533	(2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR
534	PARTICIPATION.--
535	(a)  If a person is convicted of a violation of s. 316.193,
536	the court may order, as a term and condition of probation in
537	addition to any other term or condition required or authorized
538	by law, that the probationer participate in the Youthful Drunk
539	Driver Visitation Program.
540	Section 15.  For the purpose of incorporating the amendment
541	made by this act to section 316.193, Florida Statutes, in a
542	reference thereto, subsection (8) of section 322.21, Florida
543	Statutes, is reenacted to read:
544	322.21  License fees; procedure for handling and collecting
545	fees.--
546	(8)  Any person who applies for reinstatement following the
547	suspension or revocation of the person's driver's license shall
548	pay a service fee of $35 following a suspension, and $60
549	following a revocation, which is in addition to the fee for a
550	license. Any person who applies for reinstatement of a
551	commercial driver's license following the disqualification of
552	the person's privilege to operate a commercial motor vehicle
553	shall pay a service fee of $60, which is in addition to the fee
554	for a license. The department shall collect all of these fees at
555	the time of reinstatement. The department shall issue proper
556	receipts for such fees and shall promptly transmit all funds
557	received by it as follows:
558	(a)  Of the $35 fee received from a licensee for
559	reinstatement following a suspension, the department shall
560	deposit $15 in the General Revenue Fund and $20 in the Highway
561	Safety Operating Trust Fund.
562	(b)  Of the $60 fee received from a licensee for
563	reinstatement following a revocation or disqualification, the
564	department shall deposit $35 in the General Revenue Fund and $25
565	in the Highway Safety Operating Trust Fund.
566
567	If the revocation or suspension of the driver's license was for
568	a violation of s. 316.193, or for refusal to submit to a lawful
569	breath, blood, or urine test, an additional fee of $115 must be
570	charged. However, only one $115 fee may be collected from one
571	person convicted of violations arising out of the same incident.
572	The department shall collect the $115 fee and deposit the fee
573	into the Highway Safety Operating Trust Fund at the time of
574	reinstatement of the person's driver's license, but the fee may
575	not be collected if the suspension or revocation is overturned.
576	Section 16.  For the purpose of incorporating the amendment
577	made by this act to section 316.193, Florida Statutes, in a
578	reference thereto, subsection (5) of section 322.25, Florida
579	Statutes, is reenacted to read:
580	322.25  When court to forward license to department and
581	report convictions; temporary reinstatement of driving
582	privileges.--
583	(5)  For the purpose of this chapter, the entrance of a
584	plea of nolo contendere by the defendant to a charge of driving
585	while intoxicated, driving under the influence, driving with an
586	unlawful blood-alcohol level, or any other alcohol-related or
587	drug-related traffic offense similar to the offenses specified
588	in s. 316.193, accepted by the court and under which plea the
589	court has entered a fine or sentence, whether in this state or
590	any other state or country, shall be equivalent to a conviction.
591	Section 17.  For the purpose of incorporating the amendment
592	made by this act to section 316.193, Florida Statutes, in a
593	reference thereto, paragraph (a) of subsection (1) of section
594	322.26, Florida Statutes, is reenacted to read:
595	322.26  Mandatory revocation of license by department.--The
596	department shall forthwith revoke the license or driving
597	privilege of any person upon receiving a record of such person's
598	conviction of any of the following offenses:
599	(1)(a)  Murder resulting from the operation of a motor
600	vehicle, DUI manslaughter where the conviction represents a
601	subsequent DUI-related conviction, or a fourth violation of s.
602	316.193 or former s. 316.1931. For such cases, the revocation of
603	the driver's license or driving privilege shall be permanent.
604	Section 18.  For the purpose of incorporating the amendment
605	made by this act to section 316.193, Florida Statutes, in
606	references thereto, subsections (1), (2), and (7), paragraph (b)
607	of subsection (8), paragraph (b) of subsection (10), paragraph
608	(a) of subsection (14), and subsection (16) of section 322.2615,
609	Florida Statutes, are reenacted to read:
610	322.2615  Suspension of license; right to review.--
611	(1)(a)  A law enforcement officer or correctional officer
612	shall, on behalf of the department, suspend the driving
613	privilege of a person who has been arrested by a law enforcement
614	officer for a violation of s. 316.193, relating to unlawful
615	blood-alcohol level or breath-alcohol level, or of a person who
616	has refused to submit to a breath, urine, or blood test
617	authorized by s. 316.1932. The officer shall take the person's
618	driver's license and issue the person a 10-day temporary permit
619	if the person is otherwise eligible for the driving privilege
620	and shall issue the person a notice of suspension. If a blood
621	test has been administered, the results of which are not
622	available to the officer at the time of the arrest, the agency
623	employing the officer shall transmit such results to the
624	department within 5 days after receipt of the results. If the
625	department then determines that the person was arrested for a
626	violation of s. 316.193 and that the person had a blood-alcohol
627	level or breath-alcohol level of 0.08 or higher, the department
628	shall suspend the person's driver's license pursuant to
629	subsection (3).
630	(b)  The suspension under paragraph (a) shall be pursuant
631	to, and the notice of suspension shall inform the driver of, the
632	following:
633	1.a.  The driver refused to submit to a lawful breath,
634	blood, or urine test and his or her driving privilege is
635	suspended for a period of 1 year for a first refusal or for a
636	period of 18 months if his or her driving privilege has been
637	previously suspended as a result of a refusal to submit to such
638	a test; or
639	b.  The driver violated s. 316.193 by driving with an
640	unlawful blood-alcohol level or breath-alcohol level as provided
641	in that section and his or her driving privilege is suspended
642	for a period of 6 months for a first offense or for a period of
643	1 year if his or her driving privilege has been previously
644	suspended for a violation of s. 316.193.
645	2.  The suspension period shall commence on the date of
646	arrest or issuance of the notice of suspension, whichever is
647	later.
648	3.  The driver may request a formal or informal review of
649	the suspension by the department within 10 days after the date
650	of arrest or issuance of the notice of suspension, whichever is
651	later.
652	4.  The temporary permit issued at the time of arrest will
653	expire at midnight of the 10th day following the date of arrest
654	or issuance of the notice of suspension, whichever is later.
655	5.  The driver may submit to the department any materials
656	relevant to the arrest.
657	(2)  Except as provided in paragraph (1)(a), the law
658	enforcement officer shall forward to the department, within 5
659	days after the date of the arrest, a copy of the notice of
660	suspension, the driver's license of the person arrested, and a
661	report of the arrest, including an affidavit stating the
662	officer's grounds for belief that the person arrested was in
663	violation of s. 316.193; the results of any breath or blood test
664	or an affidavit stating that a breath, blood, or urine test was
665	requested by a law enforcement officer or correctional officer
666	and that the person arrested refused to submit; a copy of the
667	citation issued to the person arrested; and the officer's
668	description of the person's field sobriety test, if any. The
669	failure of the officer to submit materials within the 5-day
670	period specified in this subsection and in subsection (1) shall
671	not affect the department's ability to consider any evidence
672	submitted at or prior to the hearing. The officer may also
673	submit a copy of a videotape of the field sobriety test or the
674	attempt to administer such test.
675	(7)  In a formal review hearing under subsection (6) or an
676	informal review hearing under subsection (4), the hearing
677	officer shall determine by a preponderance of the evidence
678	whether sufficient cause exists to sustain, amend, or invalidate
679	the suspension. The scope of the review shall be limited to the
680	following issues:
681	(a)  If the license was suspended for driving with an
682	unlawful blood-alcohol level or breath-alcohol level in
683	violation of s. 316.193:
684	1.  Whether the arresting law enforcement officer had
685	probable cause to believe that the person was driving or in
686	actual physical control of a motor vehicle in this state while
687	under the influence of alcoholic beverages or controlled
688	substances.
689	2.  Whether the person was placed under lawful arrest for a
690	violation of s. 316.193.
691	3.  Whether the person had an unlawful blood-alcohol level
692	or breath-alcohol level as provided in s. 316.193.
693	(b)  If the license was suspended for refusal to submit to
694	a breath, blood, or urine test:
695	1.  Whether the arresting law enforcement officer had
696	probable cause to believe that the person was driving or in
697	actual physical control of a motor vehicle in this state while
698	under the influence of alcoholic beverages or controlled
699	substances.
700	2.  Whether the person was placed under lawful arrest for a
701	violation of s. 316.193.
702	3.  Whether the person refused to submit to any such test
703	after being requested to do so by a law enforcement officer or
704	correctional officer.
705	4.  Whether the person was told that if he or she refused
706	to submit to such test his or her privilege to operate a motor
707	vehicle would be suspended for a period of 1 year or, in the
708	case of a second or subsequent refusal, for a period of 18
709	months.
710	(8)  Based on the determination of the hearing officer
711	pursuant to subsection (7) for both informal hearings under
712	subsection (4) and formal hearings under subsection (6), the
713	department shall:
714	(b)  Sustain the suspension of the person's driving
715	privilege for a period of 6 months for a violation of s.
716	316.193, or for a period of 1 year if the driving privilege of
717	such person has been previously suspended as a result of a
718	violation of s. 316.193. The suspension period commences on the
719	date of the arrest or issuance of the notice of suspension,
720	whichever is later.
721	(10)  A person whose driver's license is suspended under
722	subsection (1) or subsection (3) may apply for issuance of a
723	license for business or employment purposes only if the person
724	is otherwise eligible for the driving privilege pursuant to s.
725	322.271.
726	(b)  If the suspension of the driver's license of the
727	person arrested for a violation of s. 316.193, relating to
728	unlawful blood-alcohol level or breath-alcohol level, is
729	sustained, the person is not eligible to receive a license for
730	business or employment purposes only pursuant to s. 322.271
731	until 30 days have elapsed after the expiration of the last
732	temporary permit issued. If the driver is not issued a 10-day
733	permit pursuant to this section or s. 322.64 because he or she
734	is ineligible for the permit and the suspension for a violation
735	of s. 316.193, relating to unlawful blood-alcohol level, is not
736	invalidated by the department, the driver is not eligible to
737	receive a business or employment license pursuant to s. 322.271
738	until 30 days have elapsed from the date of the arrest.
739	(14)(a)  The decision of the department under this section
740	may not be considered in any trial for a violation of s.
741	316.193, and a written statement submitted by a person in his or
742	her request for departmental review under this section may not
743	be admitted into evidence against him or her in any such trial.
744	(16)  The department shall invalidate a suspension for
745	driving with an unlawful blood-alcohol level or breath-alcohol
746	level imposed under this section if the suspended person is
747	found not guilty at trial of an underlying violation of s.
748	316.193.
749	Section 19.  For the purpose of incorporating the amendment
750	made by this act to section 316.193, Florida Statutes, in
751	references thereto, paragraph (a) of subsection (1) and
752	subsections (15) and (19) of section 322.2616, Florida Statutes,
753	are reenacted to read:
754	322.2616  Suspension of license; persons under 21 years of
755	age; right to review.--
756	(1)(a)  Notwithstanding s. 316.193, it is unlawful for a
757	person under the age of 21 who has a blood-alcohol or breath-
758	alcohol level of 0.02 or higher to drive or be in actual
759	physical control of a motor vehicle.
760	(15)  The decision of the department under this section
761	shall not be considered in any trial for a violation of s.
762	316.193, nor shall any written statement submitted by a person
763	in his or her request for departmental review under this section
764	be admissible into evidence against him or her in any such
765	trial. The disposition of any related criminal proceedings shall
766	not affect a suspension imposed under this section.
767	(19)  A violation of this section is neither a traffic
768	infraction nor a criminal offense, nor does being detained
769	pursuant to this section constitute an arrest. A violation of
770	this section is subject to the administrative action provisions
771	of this section, which are administered by the department
772	through its administrative processes. Administrative actions
773	taken pursuant to this section shall be recorded in the motor
774	vehicle records maintained by the department. This section does
775	not bar prosecution under s. 316.193. However, if the department
776	suspends a person's license under s. 322.2615 for a violation of
777	s. 316.193, it may not also suspend the person's license under
778	this section for the same episode that was the basis for the
779	suspension under s. 322.2615.
780	Section 20.  For the purpose of incorporating the amendment
781	made by this act to section 316.193, Florida Statutes, in a
782	reference thereto, paragraph (b) of subsection (1) of section
783	322.264, Florida Statutes, is reenacted to read:
784	322.264  "Habitual traffic offender" defined.--A "habitual
785	traffic offender" is any person whose record, as maintained by
786	the Department of Highway Safety and Motor Vehicles, shows that
787	such person has accumulated the specified number of convictions
788	for offenses described in subsection (1) or subsection (2)
789	within a 5-year period:
790	(1)  Three or more convictions of any one or more of the
791	following offenses arising out of separate acts:
792	(b)  Any violation of s. 316.193, former s. 316.1931, or
793	former s. 860.01;
794
795	Any violation of any federal law, any law of another state or
796	country, or any valid ordinance of a municipality or county of
797	another state similar to a statutory prohibition specified in
798	subsection (1) or subsection (2) shall be counted as a violation
799	of such prohibition. In computing the number of convictions, all
800	convictions during the 5 years previous to July 1, 1972, will be
801	used, provided at least one conviction occurs after that date.
802	The fact that previous convictions may have resulted in
803	suspension, revocation, or disqualification under another
804	section does not exempt them from being used for suspension or
805	revocation under this section as a habitual offender.
806	Section 21.  For the purpose of incorporating the amendment
807	made by this act to section 316.193, Florida Statutes, in
808	references thereto, paragraphs (a) and (c) of subsection (2) and
809	subsection (4) of section 322.271, Florida Statutes, are
810	reenacted to read:
811	322.271  Authority to modify revocation, cancellation, or
812	suspension order.--
813	(2)(a)  Upon such hearing, the person whose license has
814	been suspended, canceled, or revoked may show that such
815	suspension, cancellation, or revocation of his or her license
816	causes a serious hardship and precludes the person's carrying
817	out his or her normal business occupation, trade, or employment
818	and that the use of the person's license in the normal course of
819	his or her business is necessary to the proper support of the
820	person or his or her family. Except as otherwise provided in
821	this subsection, the department shall require proof of the
822	successful completion of the applicable department-approved
823	driver training course operating pursuant to s. 318.1451 or DUI
824	program substance abuse education course and evaluation as
825	provided in s. 316.193(5). Letters of recommendation from
826	respected business persons in the community, law enforcement
827	officers, or judicial officers may also be required to determine
828	whether such person should be permitted to operate a motor
829	vehicle on a restricted basis for business or employment use
830	only and in determining whether such person can be trusted to so
831	operate a motor vehicle. If a driver's license has been
832	suspended under the point system or pursuant to s. 322.2615, the
833	department shall require proof of enrollment in the applicable
834	department-approved driver training course or licensed DUI
835	program substance abuse education course, including evaluation
836	and treatment, if referred, and may require letters of
837	recommendation described in this subsection to determine if the
838	driver should be reinstated on a restricted basis. If such
839	person fails to complete the approved course within 90 days
840	after reinstatement or subsequently fails to complete treatment,
841	if applicable, the department shall cancel his or her driver's
842	license until the course and treatment, if applicable, is
843	successfully completed, notwithstanding the terms of the court
844	order or any suspension or revocation of the driving privilege.
845	The department may temporarily reinstate the driving privilege
846	on a restricted basis upon verification from the DUI program
847	that the offender has reentered and is currently participating
848	in treatment and has completed the DUI education course and
849	evaluation requirement. If the DUI program notifies the
850	department of the second failure to complete treatment, the
851	department shall reinstate the driving privilege only after
852	notice of completion of treatment from the DUI program. The
853	privilege of driving on a limited or restricted basis for
854	business or employment use shall not be granted to a person who
855	has been convicted of a violation of s. 316.193 until completion
856	of the DUI program substance abuse education course and
857	evaluations as provided in s. 316.193(5). Except as provided in
858	paragraph (b), the privilege of driving on a limited or
859	restricted basis for business or employment use shall not be
860	granted to a person whose license is revoked pursuant to s.
861	322.28 or suspended pursuant to s. 322.2615 and who has been
862	convicted of a violation of s. 316.193 two or more times or
863	whose license has been suspended two or more times for refusal
864	to submit to a test pursuant to s. 322.2615 or former s.
865	322.261.
866	(c)  For the purpose of this section, a previous conviction
867	of driving under the influence, driving while intoxicated,
868	driving with an unlawful blood-alcohol level, or any other
869	similar alcohol-related or drug-related offense outside this
870	state or a previous conviction of former s. 316.1931, former s.
871	316.028, or former s. 860.01 shall be considered a previous
872	conviction for violation of s. 316.193.
873	(4)  Notwithstanding the provisions of s. 322.28(2)(e), a
874	person whose driving privilege has been permanently revoked
875	because he or she has been convicted of DUI manslaughter in
876	violation of s. 316.193 and has no prior convictions for DUI-
877	related offenses may, upon the expiration of 5 years after the
878	date of such revocation or the expiration of 5 years after the
879	termination of any term of incarceration under s. 316.193 or
880	former s. 316.1931, whichever date is later, petition the
881	department for reinstatement of his or her driving privilege.
882	(a)  Within 30 days after the receipt of such a petition,
883	the department shall afford the petitioner an opportunity for a
884	hearing. At the hearing, the petitioner must demonstrate to the
885	department that he or she:
886	1.  Has not been arrested for a drug-related offense during
887	the 5 years preceding the filing of the petition;
888	2.  Has not driven a motor vehicle without a license for at
889	least 5 years prior to the hearing;
890	3.  Has been drug-free for at least 5 years prior to the
891	hearing; and
892	4.  Has completed a DUI program licensed by the department.
893	(b)  At such hearing, the department shall determine the
894	petitioner's qualification, fitness, and need to drive. Upon
895	such determination, the department may, in its discretion,
896	reinstate the driver's license of the petitioner. Such
897	reinstatement must be made subject to the following
898	qualifications:
899	1.  The license must be restricted for employment purposes
900	for not less than 1 year; and
901	2.  Such person must be supervised by a DUI program
902	licensed by the department and report to the program for such
903	supervision and education at least four times a year or
904	additionally as required by the program for the remainder of the
905	revocation period. Such supervision shall include evaluation,
906	education, referral into treatment, and other activities
907	required by the department.
908	(c)  Such person must assume the reasonable costs of
909	supervision. If such person fails to comply with the required
910	supervision, the program shall report the failure to the
911	department, and the department shall cancel such person's
912	driving privilege.
913	(d)  If, after reinstatement, such person is convicted of
914	an offense for which mandatory revocation of his or her license
915	is required, the department shall revoke his or her driving
916	privilege.
917	(e)  The department shall adopt rules regulating the
918	providing of services by DUI programs pursuant to this section.
919	Section 22.  For the purpose of incorporating the amendment
920	made by this act to section 316.193, Florida Statutes, in
921	references thereto, subsection (2), paragraphs (a) and (c) of
922	subsection (3), and subsection (4) of section 322.2715, Florida
923	Statutes, are reenacted to read:
924	322.2715  Ignition interlock device.--
925	(2)  For purposes of this section, any conviction for a
926	violation of s. 316.193, a previous conviction for a violation
927	of former s. 316.1931, or a conviction outside this state for
928	driving under the influence, driving while intoxicated, driving
929	with an unlawful blood-alcohol level, or any other similar
930	alcohol-related or drug-related traffic offense is a conviction
931	of driving under the influence.
932	(3)  If the person is convicted of:
933	(a)  A first offense of driving under the influence under
934	s. 316.193 and has an unlawful blood-alcohol level or breath-
935	alcohol level as specified in s. 316.193(4), or if a person is
936	convicted of a violation of s. 316.193 and was at the time of
937	the offense accompanied in the vehicle by a person younger than
938	18 years of age, the person shall have the ignition interlock
939	device installed for 6 months for the first offense and for at
940	least 2 years for a second offense.
941	(c)  A third offense of driving under the influence which
942	occurs within 10 years after a prior conviction for a violation
943	of s. 316.193, the ignition interlock device shall be installed
944	for a period of not less than 2 years.
945	(4)  If the court fails to order the mandatory placement of
946	the ignition interlock device or fails to order for the
947	applicable period the mandatory placement of an ignition
948	interlock device under s. 316.193 or s. 316.1937 at the time of
949	imposing sentence or within 30 days thereafter, the department
950	shall immediately require that the ignition interlock device be
951	installed as provided in this section, except that consideration
952	may be given to those individuals having a documented medical
953	condition that would prohibit the device from functioning
954	normally. This subsection applies to the reinstatement of the
955	driving privilege following a revocation, suspension, or
956	cancellation that is based upon a conviction for the offense of
957	driving under the influence which occurs on or after July 1,
958	2005.
959	Section 23.  For the purpose of incorporating the amendment
960	made by this act to section 316.193, Florida Statutes, in
961	references thereto, subsection (2) of section 322.28, Florida
962	Statutes, is reenacted to read:
963	322.28  Period of suspension or revocation.--
964	(2)  In a prosecution for a violation of s. 316.193 or
965	former s. 316.1931, the following provisions apply:
966	(a)  Upon conviction of the driver, the court, along with
967	imposing sentence, shall revoke the driver's license or driving
968	privilege of the person so convicted, effective on the date of
969	conviction, and shall prescribe the period of such revocation in
970	accordance with the following provisions:
971	1.  Upon a first conviction for a violation of the
972	provisions of s. 316.193, except a violation resulting in death,
973	the driver's license or driving privilege shall be revoked for
974	not less than 180 days or more than 1 year.
975	2.  Upon a second conviction for an offense that occurs
976	within a period of 5 years after the date of a prior conviction
977	for a violation of the provisions of s. 316.193 or former s.
978	316.1931 or a combination of such sections, the driver's license
979	or driving privilege shall be revoked for not less than 5 years.
980	3.  Upon a third conviction for an offense that occurs
981	within a period of 10 years after the date of a prior conviction
982	for the violation of the provisions of s. 316.193 or former s.
983	316.1931 or a combination of such sections, the driver's license
984	or driving privilege shall be revoked for not less than 10
985	years.
986
987	For the purposes of this paragraph, a previous conviction
988	outside this state for driving under the influence, driving
989	while intoxicated, driving with an unlawful blood-alcohol level,
990	or any other alcohol-related or drug-related traffic offense
991	similar to the offense of driving under the influence as
992	proscribed by s. 316.193 will be considered a previous
993	conviction for violation of s. 316.193, and a conviction for
994	violation of former s. 316.028, former s. 316.1931, or former s.
995	860.01 is considered a conviction for violation of s. 316.193.
996	(b)  If the period of revocation was not specified by the
997	court at the time of imposing sentence or within 30 days
998	thereafter, and is not otherwise specified by law, the
999	department shall forthwith revoke the driver's license or
1000	driving privilege for the maximum period applicable under
1001	paragraph (a) for a first conviction and for the minimum period
1002	applicable under paragraph (a) for any subsequent convictions.
1003	The driver may, within 30 days after such revocation by the
1004	department, petition the court for further hearing on the period
1005	of revocation, and the court may reopen the case and determine
1006	the period of revocation within the limits specified in
1007	paragraph (a).
1008	(c)  The forfeiture of bail bond, not vacated within 20
1009	days, in any prosecution for the offense of driving while under
1010	the influence of alcoholic beverages, chemical substances, or
1011	controlled substances to the extent of depriving the defendant
1012	of his or her normal faculties shall be deemed equivalent to a
1013	conviction for the purposes of this paragraph, and the
1014	department shall forthwith revoke the defendant's driver's
1015	license or driving privilege for the maximum period applicable
1016	under paragraph (a) for a first conviction and for the minimum
1017	period applicable under paragraph (a) for a second or subsequent
1018	conviction; however, if the defendant is later convicted of the
1019	charge, the period of revocation imposed by the department for
1020	such conviction shall not exceed the difference between the
1021	applicable maximum for a first conviction or minimum for a
1022	second or subsequent conviction and the revocation period under
1023	this subsection that has actually elapsed; upon conviction of
1024	such charge, the court may impose revocation for a period of
1025	time as specified in paragraph (a). This paragraph does not
1026	apply if an appropriate motion contesting the forfeiture is
1027	filed within the 20-day period.
1028	(d)  When any driver's license or driving privilege has
1029	been revoked pursuant to the provisions of this section, the
1030	department shall not grant a new license, except upon
1031	reexamination of the licensee after the expiration of the period
1032	of revocation so prescribed. However, the court may, in its
1033	sound discretion, issue an order of reinstatement on a form
1034	furnished by the department which the person may take to any
1035	driver's license examining office for reinstatement by the
1036	department pursuant to s. 322.282.
1037	(e)  The court shall permanently revoke the driver's
1038	license or driving privilege of a person who has been convicted
1039	four times for violation of s. 316.193 or former s. 316.1931 or
1040	a combination of such sections. The court shall permanently
1041	revoke the driver's license or driving privilege of any person
1042	who has been convicted of DUI manslaughter in violation of s.
1043	316.193. If the court has not permanently revoked such driver's
1044	license or driving privilege within 30 days after imposing
1045	sentence, the department shall permanently revoke the driver's
1046	license or driving privilege pursuant to this paragraph. No
1047	driver's license or driving privilege may be issued or granted
1048	to any such person. This paragraph applies only if at least one
1049	of the convictions for violation of s. 316.193 or former s.
1050	316.1931 was for a violation that occurred after July 1, 1982.
1051	For the purposes of this paragraph, a conviction for violation
1052	of former s. 316.028, former s. 316.1931, or former s. 860.01 is
1053	also considered a conviction for violation of s. 316.193. Also,
1054	a conviction of driving under the influence, driving while
1055	intoxicated, driving with an unlawful blood-alcohol level, or
1056	any other similar alcohol-related or drug-related traffic
1057	offense outside this state is considered a conviction for the
1058	purposes of this paragraph.
1059	Section 24.  For the purpose of incorporating the amendment
1060	made by this act to section 316.193, Florida Statutes, in
1061	references thereto, paragraph (a) of subsection (2) of section
1062	322.282, Florida Statutes, is reenacted to read:
1063	322.282  Procedure when court revokes or suspends license
1064	or driving privilege and orders reinstatement.--When a court
1065	suspends or revokes a person's license or driving privilege and,
1066	in its discretion, orders reinstatement as provided by s.
1067	322.28(2)(d) or former s. 322.261(5):
1068	(2)(a)  The court shall issue an order of reinstatement, on
1069	a form to be furnished by the department, which the person may
1070	take to any driver's license examining office. The department
1071	shall issue a temporary driver's permit to a licensee who
1072	presents the court's order of reinstatement, proof of completion
1073	of a department-approved driver training or substance abuse
1074	education course, and a written request for a hearing under s.
1075	322.271. The permit shall not be issued if a record check by the
1076	department shows that the person has previously been convicted
1077	for a violation of s. 316.193, former s. 316.1931, former s.
1078	316.028, former s. 860.01, or a previous conviction outside this
1079	state for driving under the influence, driving while
1080	intoxicated, driving with an unlawful blood-alcohol level, or
1081	any similar alcohol-related or drug-related traffic offense;
1082	that the person's driving privilege has been previously
1083	suspended for refusal to submit to a lawful test of breath,
1084	blood, or urine; or that the person is otherwise not entitled to
1085	issuance of a driver's license. This paragraph shall not be
1086	construed to prevent the reinstatement of a license or driving
1087	privilege that is presently suspended for driving with an
1088	unlawful blood-alcohol level or a refusal to submit to a breath,
1089	urine, or blood test and is also revoked for a conviction for a
1090	violation of s. 316.193 or former s. 316.1931, if the suspension
1091	and revocation arise out of the same incident.
1092	Section 25.  For the purpose of incorporating the amendment
1093	made by this act to section 316.193, Florida Statutes, in a
1094	reference thereto, paragraph (a) of subsection (1) of section
1095	322.291, Florida Statutes, is reenacted to read:
1096	322.291  Driver improvement schools or DUI programs;
1097	required in certain suspension and revocation cases.--Except as
1098	provided in s. 322.03(2), any person:
1099	(1)  Whose driving privilege has been revoked:
1100	(a)  Upon conviction for:
1101	1.  Driving, or being in actual physical control of, any
1102	vehicle while under the influence of alcoholic beverages, any
1103	chemical substance set forth in s. 877.111, or any substance
1104	controlled under chapter 893, in violation of s. 316.193;
1105	2.  Driving with an unlawful blood- or breath-alcohol
1106	level;
1107	3.  Manslaughter resulting from the operation of a motor
1108	vehicle;
1109	4.  Failure to stop and render aid as required under the
1110	laws of this state in the event of a motor vehicle crash
1111	resulting in the death or personal injury of another;
1112	5.  Reckless driving; or
1113
1114	shall, before the driving privilege may be reinstated, present
1115	to the department proof of enrollment in a department-approved
1116	advanced driver improvement course operating pursuant to s.
1117	318.1451 or a substance abuse education course conducted by a
1118	DUI program licensed pursuant to s. 322.292, which shall include
1119	a psychosocial evaluation and treatment, if referred. If the
1120	person fails to complete such course or evaluation within 90
1121	days after reinstatement, or subsequently fails to complete
1122	treatment, if referred, the DUI program shall notify the
1123	department of the failure. Upon receipt of the notice, the
1124	department shall cancel the offender's driving privilege,
1125	notwithstanding the expiration of the suspension or revocation
1126	of the driving privilege. The department may temporarily
1127	reinstate the driving privilege upon verification from the DUI
1128	program that the offender has completed the education course and
1129	evaluation requirement and has reentered and is currently
1130	participating in treatment. If the DUI program notifies the
1131	department of the second failure to complete treatment, the
1132	department shall reinstate the driving privilege only after
1133	notice of completion of treatment from the DUI program.
1134	Section 26.  For the purpose of incorporating the amendment
1135	made by this act to section 316.193, Florida Statutes, in a
1136	reference thereto, paragraph (a) of subsection (9) of section
1137	322.34, Florida Statutes, is reenacted to read:
1138	322.34  Driving while license suspended, revoked, canceled,
1139	or disqualified.--
1140	(9)(a)  A motor vehicle that is driven by a person under
1141	the influence of alcohol or drugs in violation of s. 316.193 is
1142	subject to seizure and forfeiture under ss. 932.701-932.707 and
1143	is subject to liens for recovering, towing, or storing vehicles
1144	under s. 713.78 if, at the time of the offense, the person's
1145	driver's license is suspended, revoked, or canceled as a result
1146	of a prior conviction for driving under the influence.
1147	Section 27.  For the purpose of incorporating the amendment
1148	made by this act to section 316.193, Florida Statutes, in
1149	references thereto, section 322.44, Florida Statutes, is
1150	reenacted to read:
1151	322.44  Driver License Compact.--The Driver License Compact
1152	is hereby enacted into law and entered into with all other
1153	jurisdictions legally joining therein in the form substantially
1154	as follows:
1155
1156	ARTICLE I
1157
1158	FINDINGS AND DECLARATION OF POLICY.--
1159	(1)  The party states find that:
1160	(a)  The safety of their streets and highways is materially
1161	affected by the degree of compliance with state laws and local
1162	ordinances relating to the operation of motor vehicles;
1163	(b)  Violation of such a law or ordinance is evidence that
1164	the violator engages in conduct which is likely to endanger the
1165	safety of persons and property;
1166	(c)  The continuance in force of a license to drive is
1167	predicated upon compliance with laws and ordinances relating to
1168	the operation of motor vehicles, in whichever jurisdiction the
1169	vehicle is operated.
1170	(2)  It is the policy of each of the party states to:
1171	(a)  Promote compliance with the laws, ordinances, and
1172	administrative rules and regulations relating to the operation
1173	of motor vehicles by their operators in each of the
1174	jurisdictions where such operators drive motor vehicles;
1175	(b)  Make the reciprocal recognition of licenses to drive
1176	and eligibility therefor more just and equitable by considering
1177	the overall compliance with motor vehicle laws, ordinances, and
1178	administrative rules and regulations as a condition precedent to
1179	the continuance or issuance of any license by reason of which
1180	the licensee is authorized or permitted to operate a motor
1181	vehicle in any of the party states.
1182
1183	ARTICLE II
1184
1185	DEFINITIONS.--As used in this compact:
1186	(1)  "State" means a state, territory or possession of the
1187	United States, the District of Columbia, or the Commonwealth of
1188	Puerto Rico.
1189	(2)  "Home state" means the state which has issued and has
1190	the power to suspend or revoke the use of the license or permit
1191	to operate a motor vehicle.
1192	(3)  "Conviction" means a conviction of any offense related
1193	to the use or operation of a motor vehicle which is prohibited
1194	by state law, municipal ordinance, or administrative rule or
1195	regulation, or a forfeiture of bail, bond, or other security
1196	deposited to secure appearance by a person charged with having
1197	committed any such offense, and which conviction or forfeiture
1198	is required to be reported to the licensing authority.
1199
1200	ARTICLE III
1201
1202	REPORTS OF CONVICTION.--The licensing authority of a party
1203	state shall report each conviction of a person from another
1204	party state occurring within its jurisdiction to the licensing
1205	authority of the home state of the licensee. Such report shall
1206	clearly identify the person convicted; describe the violation
1207	specifying the section of the statute, code, or ordinance
1208	violated; identify the court in which action was taken; indicate
1209	whether a plea of guilty or not guilty was entered or the
1210	conviction was a result of the forfeiture of bail, bond, or
1211	other security; and shall include any special findings made in
1212	connection therewith.
1213
1214	ARTICLE IV
1215
1216	EFFECT OF CONVICTION.--
1217	(1)  The licensing authority in the home state, for the
1218	purposes of suspension, revocation, or limitation of the license
1219	to operate a motor vehicle, shall give the same effect to the
1220	conduct reported, pursuant to article III, as it would if such
1221	conduct had occurred in the home state, in the case of
1222	convictions for:
1223	(a)  Manslaughter or negligent homicide resulting from the
1224	operation of a motor vehicle, as provided by ss. 316.193 and
1225	322.26;
1226	(b)  Driving a motor vehicle while under the influence of
1227	alcoholic beverages or a narcotic drug, or under the influence
1228	of any other drug to a degree which renders the driver incapable
1229	of safely driving a motor vehicle, as provided by s. 316.193;
1230	(c)  Any felony in the commission of which a motor vehicle
1231	is used, as provided by s. 322.26; or
1232	(d)  Failure to stop and render aid in the event of a motor
1233	vehicle crash resulting in the death or personal injury of
1234	another, as provided by s. 322.26.
1235	(2)  As to other convictions, reported pursuant to article
1236	III, the licensing authority in the home state shall give such
1237	effect to the conduct as is provided by the laws of the home
1238	state.
1239
1240	ARTICLE V
1241
1242	APPLICATIONS FOR NEW LICENSES.--Upon application for a
1243	license to drive, the licensing authority in a party state shall
1244	ascertain whether the applicant has ever held, or is the holder
1245	of, a license to drive issued by any other party state. The
1246	licensing authority in the state where application is made shall
1247	not issue a license to drive to the applicant if:
1248	(1)  The applicant has held such a license, but the same
1249	has been suspended by reason, in whole or in part, of a
1250	violation and if such suspension period has not terminated.
1251	(2)  The applicant has held such a license, but the same
1252	has been revoked by reason, in whole or in part, of a violation
1253	and if such revocation has not terminated, except that after the
1254	expiration of 1 year from the date the license was revoked, such
1255	person may make application for a new license if permitted by
1256	law. The licensing authority may refuse to issue a license to
1257	any such applicant if, after investigation, the licensing
1258	authority determines that it will not be safe to grant to such
1259	person the privilege of driving a motor vehicle on the public
1260	highways.
1261	(3)  The applicant is the holder of a license to drive
1262	issued by another party state and currently in force unless the
1263	applicant surrenders such license.
1264
1265	ARTICLE VI
1266
1267	APPLICABILITY OF OTHER LAWS.--Except as expressly required
1268	by provisions of this compact, nothing contained herein shall be
1269	construed to affect the right of any party state to apply any of
1270	its other laws relating to licenses to drive to any person or
1271	circumstance, nor to invalidate or prevent any driver license
1272	agreement or other cooperative arrangement between a party state
1273	and a nonparty state.
1274
1275	ARTICLE VII
1276
1277	COMPACT ADMINISTRATOR AND INTERCHANGE OF INFORMATION.--
1278	(1)  The head of the licensing authority of each party
1279	state shall be the administrator of this compact for his or her
1280	state. The administrators, acting jointly, shall have the power
1281	to formulate all necessary and proper procedures for the
1282	exchange of information under this compact.
1283	(2)  The administrator of each party state shall furnish to
1284	the administrator of each other party state any information or
1285	documents reasonably necessary to facilitate the administration
1286	of this compact.
1287
1288	ARTICLE VIII
1289
1290	ENTRY INTO FORCE AND WITHDRAWAL.--
1291	(1)  This compact shall enter into force and become
1292	effective as to any state when it has enacted the same into law.
1293	(2)  Any party state may withdraw from this compact by
1294	enacting a statute repealing the same, but no such withdrawal
1295	shall take effect until 6 months after the executive head of the
1296	withdrawing state has given notice of the withdrawal to the
1297	executive heads of all other party states. No withdrawal shall
1298	affect the validity or applicability by the licensing
1299	authorities of states remaining party to the compact of any
1300	report of conviction occurring prior to the withdrawal.
1301
1302	ARTICLE IX
1303
1304	CONSTRUCTION AND SEVERABILITY.--This compact shall be
1305	liberally construed so as to effectuate the purposes thereof.
1306	The provisions of this compact shall be severable; and if any
1307	phrase, clause, sentence, or provision of this compact is
1308	declared to be contrary to the constitution of any party state
1309	or of the United States or the applicability thereof to any
1310	government, agency, person, or circumstance is held invalid, the
1311	validity of the remainder of this compact and the applicability
1312	thereof to any government, agency, person, or circumstance shall
1313	not be affected thereby. If this compact shall be held contrary
1314	to the constitution of any state party thereto, the compact
1315	shall remain in full force and effect as to the remaining states
1316	and in full force and effect as to the state affected as to all
1317	severable matters.
1318	Section 28.  For the purpose of incorporating the amendment
1319	made by this act to section 316.193, Florida Statutes, in a
1320	reference thereto, subsection (3) of section 322.62, Florida
1321	Statutes, is reenacted to read:
1322	322.62  Driving under the influence; commercial motor
1323	vehicle operators.--
1324	(3)  This section does not supersede s. 316.193. Nothing in
1325	this section prohibits the prosecution of a person who drives a
1326	commercial motor vehicle for driving under the influence of
1327	alcohol or controlled substances whether or not such person is
1328	also prosecuted for a violation of this section.
1329	Section 29.  For the purpose of incorporating the amendment
1330	made by this act to section 316.193, Florida Statutes, in
1331	references thereto, paragraph (d) of subsection (2) and
1332	subsection (6) of section 322.63, Florida Statutes, are
1333	reenacted to read:
1334	322.63  Alcohol or drug testing; commercial motor vehicle
1335	operators.--
1336	(2)  The chemical and physical tests authorized by this
1337	section shall only be required if a law enforcement officer has
1338	reasonable cause to believe that a person driving a commercial
1339	motor vehicle has any alcohol, chemical substance, or controlled
1340	substance in his or her body.
1341	(d)  The administration of one test under paragraph (a),
1342	paragraph (b), or paragraph (c) shall not preclude the
1343	administration of a different test under paragraph (a),
1344	paragraph (b), or paragraph (c). However, a urine test may not
1345	be used to determine alcohol concentration and a breath test may
1346	not be used to determine the presence of controlled substances
1347	or chemical substances in a person's body. Notwithstanding the
1348	provisions of this paragraph, in the event a Florida licensee
1349	has been convicted in another state for an offense substantially
1350	similar to s. 316.193 or to s. 322.62, which conviction was
1351	based upon evidence of test results prohibited by this
1352	paragraph, that out-of-state conviction shall constitute a
1353	conviction for the purposes of this chapter.
1354	(6)  Notwithstanding any provision of law pertaining to the
1355	confidentiality of hospital records or other medical records,
1356	information relating to the alcohol content of a person's blood
1357	or the presence of chemical substances or controlled substances
1358	in a person's blood obtained pursuant to this section shall be
1359	released to a court, prosecuting attorney, defense attorney, or
1360	law enforcement officer in connection with an alleged violation
1361	of s. 316.193 or s. 322.62 upon request for such information.
1362	Section 30.  For the purpose of incorporating the amendment
1363	made by this act to section 316.193, Florida Statutes, in
1364	references thereto, subsections (1) and (2), paragraph (a) of
1365	subsection (7), paragraph (b) of subsection (8), and subsections
1366	(14) and (15) of section 322.64, Florida Statutes, are reenacted
1367	to read:
1368	322.64  Holder of commercial driver's license; driving with
1369	unlawful blood-alcohol level; refusal to submit to breath,
1370	urine, or blood test.--
1371	(1)(a)  A law enforcement officer or correctional officer
1372	shall, on behalf of the department, disqualify from operating
1373	any commercial motor vehicle a person who while operating or in
1374	actual physical control of a commercial motor vehicle is
1375	arrested for a violation of s. 316.193, relating to unlawful
1376	blood-alcohol level or breath-alcohol level, or a person who has
1377	refused to submit to a breath, urine, or blood test authorized
1378	by s. 322.63 arising out of the operation or actual physical
1379	control of a commercial motor vehicle. Upon disqualification of
1380	the person, the officer shall take the person's driver's license
1381	and issue the person a 10-day temporary permit for the operation
1382	of noncommercial vehicles only if the person is otherwise
1383	eligible for the driving privilege and shall issue the person a
1384	notice of disqualification. If the person has been given a
1385	blood, breath, or urine test, the results of which are not
1386	available to the officer at the time of the arrest, the agency
1387	employing the officer shall transmit such results to the
1388	department within 5 days after receipt of the results. If the
1389	department then determines that the person was arrested for a
1390	violation of s. 316.193 and that the person had a blood-alcohol
1391	level or breath-alcohol level of 0.08 or higher, the department
1392	shall disqualify the person from operating a commercial motor
1393	vehicle pursuant to subsection (3).
1394	(b)  The disqualification under paragraph (a) shall be
1395	pursuant to, and the notice of disqualification shall inform the
1396	driver of, the following:
1397	1.a.  The driver refused to submit to a lawful breath,
1398	blood, or urine test and he or she is disqualified from
1399	operating a commercial motor vehicle for a period of 1 year, for
1400	a first refusal, or permanently, if he or she has previously
1401	been disqualified as a result of a refusal to submit to such a
1402	test; or
1403	b.  The driver violated s. 316.193 by driving with an
1404	unlawful blood-alcohol level and he or she is disqualified from
1405	operating a commercial motor vehicle for a period of 6 months
1406	for a first offense or for a period of 1 year if he or she has
1407	previously been disqualified, or his or her driving privilege
1408	has been previously suspended, for a violation of s. 316.193.
1409	2.  The disqualification period for operating commercial
1410	vehicles shall commence on the date of arrest or issuance of
1411	notice of disqualification, whichever is later.
1412	3.  The driver may request a formal or informal review of
1413	the disqualification by the department within 10 days after the
1414	date of arrest or issuance of notice of disqualification,
1415	whichever is later.
1416	4.  The temporary permit issued at the time of arrest or
1417	disqualification will expire at midnight of the 10th day
1418	following the date of disqualification.
1419	5.  The driver may submit to the department any materials
1420	relevant to the arrest.
1421	(2)  Except as provided in paragraph (1)(a), the law
1422	enforcement officer shall forward to the department, within 5
1423	days after the date of the arrest or the issuance of the notice
1424	of disqualification, whichever is later, a copy of the notice of
1425	disqualification, the driver's license of the person arrested,
1426	and a report of the arrest, including, if applicable, an
1427	affidavit stating the officer's grounds for belief that the
1428	person arrested was in violation of s. 316.193; the results of
1429	any breath or blood test or an affidavit stating that a breath,
1430	blood, or urine test was requested by a law enforcement officer
1431	or correctional officer and that the person arrested refused to
1432	submit; a copy of the citation issued to the person arrested;
1433	and the officer's description of the person's field sobriety
1434	test, if any. The failure of the officer to submit materials
1435	within the 5-day period specified in this subsection or
1436	subsection (1) shall not affect the department's ability to
1437	consider any evidence submitted at or prior to the hearing. The
1438	officer may also submit a copy of a videotape of the field
1439	sobriety test or the attempt to administer such test.
1440	(7)  In a formal review hearing under subsection (6) or an
1441	informal review hearing under subsection (4), the hearing
1442	officer shall determine by a preponderance of the evidence
1443	whether sufficient cause exists to sustain, amend, or invalidate
1444	the disqualification. The scope of the review shall be limited
1445	to the following issues:
1446	(a)  If the person was disqualified from operating a
1447	commercial motor vehicle for driving with an unlawful blood-
1448	alcohol level in violation of s. 316.193:
1449	1.  Whether the arresting law enforcement officer had
1450	probable cause to believe that the person was driving or in
1451	actual physical control of a commercial motor vehicle in this
1452	state while he or she had any alcohol, chemical substances, or
1453	controlled substances in his or her body.
1454	2.  Whether the person was placed under lawful arrest for a
1455	violation of s. 316.193.
1456	3.  Whether the person had an unlawful blood-alcohol level
1457	as provided in s. 316.193.
1458	(8)  Based on the determination of the hearing officer
1459	pursuant to subsection (7) for both informal hearings under
1460	subsection (4) and formal hearings under subsection (6), the
1461	department shall:
1462	(b)  Sustain the disqualification for a period of 6 months
1463	for a violation of s. 316.193 or for a period of 1 year if the
1464	person has been previously disqualified from operating a
1465	commercial motor vehicle or his or her driving privilege has
1466	been previously suspended as a result of a violation of s.
1467	316.193. The disqualification period commences on the date of
1468	the arrest or issuance of the notice of disqualification,
1469	whichever is later.
1470	(14)  The decision of the department under this section
1471	shall not be considered in any trial for a violation of s.
1472	316.193, s. 322.61, or s. 322.62, nor shall any written
1473	statement submitted by a person in his or her request for
1474	departmental review under this section be admissible into
1475	evidence against him or her in any such trial. The disposition
1476	of any related criminal proceedings shall not affect a
1477	disqualification imposed pursuant to this section.
1478	(15)  This section does not preclude the suspension of the
1479	driving privilege pursuant to s. 322.2615. The driving privilege
1480	of a person who has been disqualified from operating a
1481	commercial motor vehicle also may be suspended for a violation
1482	of s. 316.193.
1483	Section 31.  For the purpose of incorporating the amendment
1484	made by this act to section 316.193, Florida Statutes, in a
1485	reference thereto, paragraph (f) of subsection (4) of section
1486	323.001, Florida Statutes, is reenacted to read:
1487	323.001  Wrecker operator storage facilities; vehicle
1488	holds.--
1489	(4)  The requirements for a written hold apply when the
1490	following conditions are present:
1491	(f)  The vehicle is impounded or immobilized pursuant to s.
1492	316.193 or s. 322.34; or
1493	Section 32.  For the purpose of incorporating the amendment
1494	made by this act to section 316.193, Florida Statutes, in a
1495	reference thereto, section 324.131, Florida Statutes, is
1496	reenacted to read:
1497	324.131  Period of suspension.--Such license, registration
1498	and nonresident's operating privilege shall remain so suspended
1499	and shall not be renewed, nor shall any such license or
1500	registration be thereafter issued in the name of such person,
1501	including any such person not previously licensed, unless and
1502	until every such judgment is stayed, satisfied in full or to the
1503	extent of the limits stated in s. 324.021(7) and until the said
1504	person gives proof of financial responsibility as provided in s.
1505	324.031, such proof to be maintained for 3 years. In addition,
1506	if the person's license or registration has been suspended or
1507	revoked due to a violation of s. 316.193 or pursuant to s.
1508	322.26(2), that person shall maintain noncancelable liability
1509	coverage for each motor vehicle registered in his or her name,
1510	as described in s. 627.7275(2), and must present proof that
1511	coverage is in force on a form adopted by the Department of
1512	Highway Safety and Motor Vehicles, such proof to be maintained
1513	for 3 years.
1514	Section 33.  For the purpose of incorporating the amendment
1515	made by this act to section 316.193, Florida Statutes, in a
1516	reference thereto, subsection (6) of section 327.35, Florida
1517	Statutes, is reenacted to read:
1518	327.35  Boating under the influence; penalties; "designated
1519	drivers".--
1520	(6)  With respect to any person convicted of a violation of
1521	subsection (1), regardless of any other penalty imposed:
1522	(a)  For the first conviction, the court shall place the
1523	defendant on probation for a period not to exceed 1 year and, as
1524	a condition of such probation, shall order the defendant to
1525	participate in public service or a community work project for a
1526	minimum of 50 hours. The court must also, as a condition of
1527	probation, order the impoundment or immobilization of the vessel
1528	that was operated by or in the actual control of the defendant
1529	or any one vehicle registered in the defendant's name at the
1530	time of impoundment or immobilization, for a period of 10 days
1531	or for the unexpired term of any lease or rental agreement that
1532	expires within 10 days. The impoundment or immobilization must
1533	not occur concurrently with the incarceration of the defendant.
1534	The impoundment or immobilization order may be dismissed in
1535	accordance with paragraph (e) or paragraph (f). The total period
1536	of probation and incarceration may not exceed 1 year.
1537	(b)  For the second conviction for an offense that occurs
1538	within a period of 5 years after the date of a prior conviction
1539	for violation of this section, the court shall order
1540	imprisonment for not less than 10 days. The court must also, as
1541	a condition of probation, order the impoundment or
1542	immobilization of the vessel that was operated by or in the
1543	actual control of the defendant or any one vehicle registered in
1544	the defendant's name at the time of impoundment or
1545	immobilization, for a period of 30 days or for the unexpired
1546	term of any lease or rental agreement that expires within 30
1547	days. The impoundment or immobilization must not occur
1548	concurrently with the incarceration of the defendant. The
1549	impoundment or immobilization order may be dismissed in
1550	accordance with paragraph (e) or paragraph (f). At least 48
1551	hours of confinement must be consecutive.
1552	(c)  For the third or subsequent conviction for an offense
1553	that occurs within a period of 10 years after the date of a
1554	prior conviction for violation of this section, the court shall
1555	order imprisonment for not less than 30 days. The court must
1556	also, as a condition of probation, order the impoundment or
1557	immobilization of the vessel that was operated by or in the
1558	actual control of the defendant or any one vehicle registered in
1559	the defendant's name at the time of impoundment or
1560	immobilization, for a period of 90 days or for the unexpired
1561	term of any lease or rental agreement that expires within 90
1562	days. The impoundment or immobilization must not occur
1563	concurrently with the incarceration of the defendant. The
1564	impoundment or immobilization order may be dismissed in
1565	accordance with paragraph (e) or paragraph (f). At least 48
1566	hours of confinement must be consecutive.
1567	(d)  The court must at the time of sentencing the defendant
1568	issue an order for the impoundment or immobilization of a
1569	vessel. Within 7 business days after the date that the court
1570	issues the order of impoundment, and once again 30 business days
1571	before the actual impoundment or immobilization of the vessel,
1572	the clerk of the court must send notice by certified mail,
1573	return receipt requested, to the registered owner of each
1574	vessel, if the registered owner is a person other than the
1575	defendant, and to each person of record claiming a lien against
1576	the vessel.
1577	(e)  A person who owns but was not operating the vessel
1578	when the offense occurred may submit to the court a police
1579	report indicating that the vessel was stolen at the time of the
1580	offense or documentation of having purchased the vessel after
1581	the offense was committed from an entity other than the
1582	defendant or the defendant's agent. If the court finds that the
1583	vessel was stolen or that the sale was not made to circumvent
1584	the order and allow the defendant continued access to the
1585	vessel, the order must be dismissed and the owner of the vessel
1586	will incur no costs. If the court denies the request to dismiss
1587	the order of impoundment or immobilization, the petitioner may
1588	request an evidentiary hearing.
1589	(f)  A person who owns but was not operating the vessel
1590	when the offense occurred, and whose vessel was stolen or who
1591	purchased the vessel after the offense was committed directly
1592	from the defendant or the defendant's agent, may request an
1593	evidentiary hearing to determine whether the impoundment or
1594	immobilization should occur. If the court finds that either the
1595	vessel was stolen or the purchase was made without knowledge of
1596	the offense, that the purchaser had no relationship to the
1597	defendant other than through the transaction, and that such
1598	purchase would not circumvent the order and allow the defendant
1599	continued access to the vessel, the order must be dismissed and
1600	the owner of the vessel will incur no costs.
1601	(g)  All costs and fees for the impoundment or
1602	immobilization, including the cost of notification, must be paid
1603	by the owner of the vessel or, if the vessel is leased or
1604	rented, by the person leasing or renting the vessel, unless the
1605	impoundment or immobilization order is dismissed.
1606	(h)  The person who owns a vessel that is impounded or
1607	immobilized under this paragraph, or a person who has a lien of
1608	record against such a vessel and who has not requested a review
1609	of the impoundment pursuant to paragraph (e) or paragraph (f),
1610	may, within 10 days after the date that person has knowledge of
1611	the location of the vessel, file a complaint in the county in
1612	which the owner resides to determine whether the vessel was
1613	wrongfully taken or withheld from the owner or lienholder. Upon
1614	the filing of a complaint, the owner or lienholder may have the
1615	vessel released by posting with the court a bond or other
1616	adequate security equal to the amount of the costs and fees for
1617	impoundment or immobilization, including towing or storage, to
1618	ensure the payment of the costs and fees if the owner or
1619	lienholder does not prevail. When the bond is posted and the fee
1620	is paid as set forth in s. 28.24, the clerk of the court shall
1621	issue a certificate releasing the vessel. At the time of
1622	release, after reasonable inspection, the owner or lienholder
1623	must give a receipt to the towing or storage company indicating
1624	any loss or damage to the vessel or to the contents of the
1625	vessel.
1626	(i)  A defendant, in the court's discretion, may be
1627	required to serve all or any portion of a term of imprisonment
1628	to which the defendant has been sentenced pursuant to this
1629	section in a residential alcoholism treatment program or a
1630	residential drug abuse treatment program. Any time spent in such
1631	a program must be credited by the court toward the term of
1632	imprisonment.
1633
1634	For the purposes of this section, any conviction for a violation
1635	of s. 316.193, a previous conviction for the violation of former
1636	s. 316.1931, former s. 860.01, or former s. 316.028, or a
1637	previous conviction outside this state for driving under the
1638	influence, driving while intoxicated, driving with an unlawful
1639	blood-alcohol level, driving with an unlawful breath-alcohol
1640	level, or any other similar alcohol-related or drug-related
1641	traffic offense, is also considered a previous conviction for
1642	violation of this section.
1643	Section 34.  For the purpose of incorporating the amendment
1644	made by this act to section 327.35, Florida Statutes, in a
1645	reference thereto, subsection (3) of section 327.352, Florida
1646	Statutes, is reenacted to read:
1647	327.352  Tests for alcohol, chemical substances, or
1648	controlled substances; implied consent; refusal.--
1649	(3)  Notwithstanding any provision of law pertaining to the
1650	confidentiality of hospital records or other medical records,
1651	information relating to the alcoholic content of the blood or
1652	breath or the presence of chemical substances or controlled
1653	substances in the blood obtained pursuant to this section shall
1654	be released to a court, prosecuting attorney, defense attorney,
1655	or law enforcement officer in connection with an alleged
1656	violation of s. 327.35 upon request for such information.
1657	Section 35.  For the purpose of incorporating the amendment
1658	made by this act to section 327.35, Florida Statutes, in
1659	references thereto, subsections (1) and (2) of section
1660	327.35215, Florida Statutes, are reenacted to read:
1661	327.35215  Penalty for failure to submit to test.--
1662	(1)  A person who is lawfully arrested for an alleged
1663	violation of s. 327.35 and who refuses to submit to a blood
1664	test, breath test, or urine test pursuant to s. 327.352 is
1665	subject to a civil penalty of $500.
1666	(2)  When a person refuses to submit to a blood test,
1667	breath test, or urine test pursuant to s. 327.352, a law
1668	enforcement officer who is authorized to make arrests for
1669	violations of this chapter shall file with the clerk of the
1670	court, on a form provided by the department, a certified
1671	statement that probable cause existed to arrest the person for a
1672	violation of s. 327.35 and that the person refused to submit to
1673	a test as required by s. 327.352. Along with the statement, the
1674	officer must also submit a sworn statement on a form provided by
1675	the department that the person has been advised of both the
1676	penalties for failure to submit to the blood, breath, or urine
1677	test and the procedure for requesting a hearing.
1678	Section 36.  For the purpose of incorporating the amendment
1679	made by this act to section 327.35, Florida Statutes, in a
1680	reference thereto, subsection (4) of section 327.353, Florida
1681	Statutes, is reenacted to read:
1682	327.353  Blood test for impairment or intoxication in cases
1683	of death or serious bodily injury; right to use reasonable
1684	force.--
1685	(4)  Notwithstanding any provision of law pertaining to the
1686	confidentiality of hospital records or other medical records,
1687	information relating to the alcoholic content of the blood or
1688	the presence of chemical substances or controlled substances in
1689	the blood obtained pursuant to this section shall be released to
1690	a court, prosecuting attorney, defense attorney, or law
1691	enforcement officer in connection with an alleged violation of
1692	s. 327.35 upon request for such information.
1693	Section 37.  For the purpose of incorporating the amendment
1694	made by this act to section 327.35, Florida Statutes, in
1695	references thereto, subsections (1) and (4) of section 327.354,
1696	Florida Statutes, are reenacted to read:
1697	327.354  Presumption of impairment; testing methods.--
1698	(1)  It is unlawful and punishable as provided in s. 327.35
1699	for any person who is under the influence of alcoholic beverages
1700	or controlled substances, when affected to the extent that the
1701	person's normal faculties are impaired or to the extent that the
1702	person is deprived of full possession of normal faculties, to
1703	operate any vessel within this state. Such normal faculties
1704	include, but are not limited to, the ability to see, hear, walk,
1705	talk, judge distances, drive an automobile, make judgments, act
1706	in emergencies, and, in general, normally perform the many
1707	mental and physical acts of daily life.
1708	(4)  Any person charged with a violation of s. 327.35 is
1709	entitled to trial by jury according to the Florida Rules of
1710	Criminal Procedure.
1711	Section 38.  For the purpose of incorporating the amendment
1712	made by this act to section 327.35, Florida Statutes, in
1713	references thereto, paragraph (a) of subsection (1) and
1714	subsection (4) of section 327.355, Florida Statutes, are
1715	reenacted to read:
1716	327.355  Operation of vessels by persons under 21 years of
1717	age who have consumed alcoholic beverages.--
1718	(1)(a)  Notwithstanding s. 327.35, it is unlawful for a
1719	person under the age of 21 who has a breath-alcohol level of
1720	0.02 or higher to operate or be in actual physical control of a
1721	vessel.
1722	(4)  A violation of this section is a noncriminal
1723	infraction, and being detained pursuant to this section does not
1724	constitute an arrest. This section does not bar prosecution
1725	under s. 327.35, and the penalties provided herein shall be
1726	imposed in addition to any other penalty provided for boating
1727	under the influence or for refusal to submit to testing.
1728	Section 39.  For the purpose of incorporating the amendment
1729	made by this act to section 327.35, Florida Statutes, in a
1730	reference thereto, subsection (2) of section 327.359, Florida
1731	Statutes, is reenacted to read:
1732	327.359  Refusal to submit to testing; penalties.--Any
1733	person who has refused to submit to a chemical or physical test
1734	of his or her breath, blood, or urine, as described in s.
1735	327.352, and who has been previously fined for refusal to submit
1736	to a lawful test of his or her breath, urine, or blood, and:
1737	(2)  Who was placed under lawful arrest for a violation of
1738	s. 327.35 unless such test was requested pursuant to s.
1739	327.352(1)(c);
1740
1741	commits a misdemeanor of the first degree and is subject to
1742	punishment as provided in s. 775.082 or s. 775.083.
1743	Section 40.  For the purpose of incorporating the amendment
1744	made by this act to section 327.35, Florida Statutes, in
1745	references thereto, section 327.36, Florida Statutes, is
1746	reenacted to read:
1747	327.36  Mandatory adjudication; prohibition against
1748	accepting plea to lesser included offense.--
1749	(1)  Notwithstanding the provisions of s. 948.01, no court
1750	may suspend, defer, or withhold adjudication of guilt or
1751	imposition of sentence for any violation of s. 327.35, for
1752	manslaughter resulting from the operation of a vessel, or for
1753	vessel homicide.
1754	(2)(a)  No trial judge may accept a plea of guilty to a
1755	lesser offense from a person who is charged with a violation of
1756	s. 327.35, manslaughter resulting from the operation of a
1757	vessel, or vessel homicide and who has been given a breath or
1758	blood test to determine blood or breath alcohol content, the
1759	results of which show a blood-alcohol level or breath-alcohol
1760	level of 0.16 or more.
1761	(b)  A trial judge may not accept a plea of guilty to a
1762	lesser offense from a person charged with a felony violation of
1763	s. 327.35, manslaughter resulting from the operation of a
1764	vessel, or vessel homicide.
1765	Section 41.  For the purpose of incorporating the amendment
1766	made by this act to section 316.193, Florida Statutes, in a
1767	reference thereto, subsection (1) of section 337.195, Florida
1768	Statutes, is reenacted to read:
1769	337.195  Limits on liability.--
1770	(1)  In a civil action for the death of or injury to a
1771	person, or for damage to property, against the Department of
1772	Transportation or its agents, consultants, or contractors for
1773	work performed on a highway, road, street, bridge, or other
1774	transportation facility when the death, injury, or damage
1775	resulted from a motor vehicle crash within a construction zone
1776	in which the driver of one of the vehicles was under the
1777	influence of alcoholic beverages as set forth in s. 316.193,
1778	under the influence of any chemical substance as set forth in s.
1779	877.111, or illegally under the influence of any substance
1780	controlled under chapter 893 to the extent that her or his
1781	normal faculties were impaired or that she or he operated a
1782	vehicle recklessly as defined in s. 316.192, it is presumed that
1783	the driver's operation of the vehicle was the sole proximate
1784	cause of her or his own death, injury, or damage. This
1785	presumption can be overcome if the gross negligence or
1786	intentional misconduct of the Department of Transportation, or
1787	of its agents, consultants, or contractors, was a proximate
1788	cause of the driver's death, injury, or damage.
1789	Section 42.  For the purpose of incorporating the amendment
1790	made by this act to section 316.193, Florida Statutes, in a
1791	reference thereto, paragraph (c) of subsection (17) of section
1792	440.02, Florida Statutes, is reenacted to read:
1793	440.02  Definitions.--When used in this chapter, unless the
1794	context clearly requires otherwise, the following terms shall
1795	have the following meanings:
1796	(17)
1797	(c)  "Employment" does not include service performed by or
1798	as:
1799	1.  Domestic servants in private homes.
1800	2.  Agricultural labor performed on a farm in the employ of
1801	a bona fide farmer, or association of farmers, that employs 5 or
1802	fewer regular employees and that employs fewer than 12 other
1803	employees at one time for seasonal agricultural labor that is
1804	completed in less than 30 days, provided such seasonal
1805	employment does not exceed 45 days in the same calendar year.
1806	The term "farm" includes stock, dairy, poultry, fruit, fur-
1807	bearing animals, fish, and truck farms, ranches, nurseries, and
1808	orchards. The term "agricultural labor" includes field foremen,
1809	timekeepers, checkers, and other farm labor supervisory
1810	personnel.
1811	3.  Professional athletes, such as professional boxers,
1812	wrestlers, baseball, football, basketball, hockey, polo, tennis,
1813	jai alai, and similar players, and motorsports teams competing
1814	in a motor racing event as defined in s. 549.08.
1815	4.  Labor under a sentence of a court to perform community
1816	services as provided in s. 316.193.
1817	5.  State prisoners or county inmates, except those
1818	performing services for private employers or those enumerated in
1819	s. 948.036(1).
1820	Section 43.  For the purpose of incorporating the amendment
1821	made by this act to section 316.193, Florida Statutes, in a
1822	reference thereto, paragraph (b) of subsection (7) of section
1823	440.09, Florida Statutes, is reenacted to read:
1824	440.09  Coverage.--
1825	(7)
1826	(b)  If the employee has, at the time of the injury, a
1827	blood alcohol level equal to or greater than the level specified
1828	in s. 316.193, or if the employee has a positive confirmation of
1829	a drug as defined in this act, it is presumed that the injury
1830	was occasioned primarily by the intoxication of, or by the
1831	influence of the drug upon, the employee. If the employer has
1832	implemented a drug-free workplace, this presumption may be
1833	rebutted only by evidence that there is no reasonable hypothesis
1834	that the intoxication or drug influence contributed to the
1835	injury. In the absence of a drug-free workplace program, this
1836	presumption may be rebutted by clear and convincing evidence
1837	that the intoxication or influence of the drug did not
1838	contribute to the injury. Percent by weight of alcohol in the
1839	blood must be based upon grams of alcohol per 100 milliliters of
1840	blood. If the results are positive, the testing facility must
1841	maintain the specimen for a minimum of 90 days. Blood serum may
1842	be used for testing purposes under this chapter; however, if
1843	this test is used, the presumptions under this section do not
1844	arise unless the blood alcohol level is proved to be medically
1845	and scientifically equivalent to or greater than the comparable
1846	blood alcohol level that would have been obtained if the test
1847	were based on percent by weight of alcohol in the blood.
1848	However, if, before the accident, the employer had actual
1849	knowledge of and expressly acquiesced in the employee's presence
1850	at the workplace while under the influence of such alcohol or
1851	drug, the presumptions specified in this subsection do not
1852	apply.
1853	Section 44.  For the purpose of incorporating the amendment
1854	made by this act to section 316.193, Florida Statutes, in a
1855	reference thereto, paragraph (d) of subsection (1) of section
1856	493.6106, Florida Statutes, is reenacted to read:
1857	493.6106  License requirements; posting.--
1858	(1)  Each individual licensed by the department must:
1859	(d)  Not be a chronic and habitual user of alcoholic
1860	beverages to the extent that her or his normal faculties are
1861	impaired; not have been committed under chapter 397, former
1862	chapter 396, or a similar law in any other state; not have been
1863	found to be a habitual offender under s. 856.011(3) or a similar
1864	law in any other state; and not have had two or more convictions
1865	under s. 316.193 or a similar law in any other state within the
1866	3-year period immediately preceding the date the application was
1867	filed, unless the individual establishes that she or he is not
1868	currently impaired and has successfully completed a
1869	rehabilitation course.
1870	Section 45.  For the purpose of incorporating the amendment
1871	made by this act to section 316.193, Florida Statutes, in a
1872	reference thereto, paragraph (a) of subsection (2) of section
1873	627.7275, Florida Statutes, is reenacted to read:
1874	627.7275  Motor vehicle liability.--
1875	(2)(a)  Insurers writing motor vehicle insurance in this
1876	state shall make available, subject to the insurers' usual
1877	underwriting restrictions:
1878	1.  Coverage under policies as described in subsection (1)
1879	to any applicant for private passenger motor vehicle insurance
1880	coverage who is seeking the coverage in order to reinstate the
1881	applicant's driving privileges in this state when the driving
1882	privileges were revoked or suspended pursuant to s. 316.646 or
1883	s. 627.733 due to the failure of the applicant to maintain
1884	required security.
1885	2.  Coverage under policies as described in subsection (1),
1886	which also provides liability coverage for bodily injury, death,
1887	and property damage arising out of the ownership, maintenance,
1888	or use of the motor vehicle in an amount not less than the
1889	limits described in s. 324.021(7) and conforms to the
1890	requirements of s. 324.151, to any applicant for private
1891	passenger motor vehicle insurance coverage who is seeking the
1892	coverage in order to reinstate the applicant's driving
1893	privileges in this state after such privileges were revoked or
1894	suspended under s. 316.193 or s. 322.26(2) for driving under the
1895	influence.
1896	Section 46.  For the purpose of incorporating the amendment
1897	made by this act to section 316.193, Florida Statutes, in a
1898	reference thereto, subsection (4) of section 627.758, Florida
1899	Statutes, is reenacted to read:
1900	627.758  Surety on auto club traffic arrest bond;
1901	conditions, limit; bail bond.--
1902	(4)  Notwithstanding the provisions of s. 626.311 or
1903	chapter 648, any surety insurer identified in a guaranteed
1904	traffic arrest bond certificate or any licensed general lines
1905	agent of the surety insurer may execute a bail bond for the
1906	automobile club or association member identified in the
1907	guaranteed traffic arrest bond certificate in an amount not in
1908	excess of $5,000 for any violation of chapter 316 or any similar
1909	traffic law or ordinance except for driving under the influence
1910	of alcoholic beverages, chemical substances, or controlled
1911	substances, as prohibited by s. 316.193.
1912	Section 47.  For the purpose of incorporating the amendment
1913	made by this act to section 316.193, Florida Statutes, in
1914	references thereto, paragraph (f) of subsection (2) and
1915	paragraph (f) of subsection (10) of section 790.06, Florida
1916	Statutes, are reenacted to read:
1917	790.06  License to carry concealed weapon or firearm.--
1918	(2)  The Department of Agriculture and Consumer Services
1919	shall issue a license if the applicant:
1920	(f)  Does not chronically and habitually use alcoholic
1921	beverages or other substances to the extent that his or her
1922	normal faculties are impaired. It shall be presumed that an
1923	applicant chronically and habitually uses alcoholic beverages or
1924	other substances to the extent that his or her normal faculties
1925	are impaired if the applicant has been committed under chapter
1926	397 or under the provisions of former chapter 396 or has been
1927	convicted under s. 790.151 or has been deemed a habitual
1928	offender under s. 856.011(3), or has had two or more convictions
1929	under s. 316.193 or similar laws of any other state, within the
1930	3-year period immediately preceding the date on which the
1931	application is submitted;
1932	(10)  A license issued under this section shall be
1933	suspended or revoked pursuant to chapter 120 if the licensee:
1934	(f)  Is convicted of a second violation of s. 316.193, or a
1935	similar law of another state, within 3 years of a previous
1936	conviction of such section, or similar law of another state,
1937	even though the first violation may have occurred prior to the
1938	date on which the application was submitted;
1939	Section 48.  For the purpose of incorporating the amendment
1940	made by this act to section 316.193, Florida Statutes, in a
1941	reference thereto, subsection (2) of section 903.36, Florida
1942	Statutes, is reenacted to read:
1943	903.36  Guaranteed arrest bond certificates as cash bail.--
1944	(2)  The execution of a bail bond by a licensed general
1945	lines agent of a surety insurer for the automobile club or
1946	association member identified in the guaranteed traffic arrest
1947	bond certificate, as provided in s. 627.758(4), shall be
1948	accepted as bail in an amount not to exceed $5,000 for the
1949	appearance of the person named in the certificate in any court
1950	to answer for the violation of a provision of chapter 316 or a
1951	similar traffic law or ordinance, except driving under the
1952	influence of alcoholic beverages, chemical substances, or
1953	controlled substances, as prohibited by s. 316.193. Presentation
1954	of the guaranteed traffic arrest bond certificate and a power of
1955	attorney from the surety insurer for its licensed general lines
1956	agents is authorization for such agent to execute the bail bond.
1957	Section 49.  For the purpose of incorporating the amendment
1958	made by this act to section 316.193, Florida Statutes, in
1959	references thereto, paragraph (c) of subsection (4) of section
1960	907.041, Florida Statutes, is reenacted to read:
1961	907.041  Pretrial detention and release.--
1962	(4)  PRETRIAL DETENTION.--
1963	(c)  The court may order pretrial detention if it finds a
1964	substantial probability, based on a defendant's past and present
1965	patterns of behavior, the criteria in s. 903.046, and any other
1966	relevant facts, that any of the following circumstances exists:
1967	1.  The defendant has previously violated conditions of
1968	release and that no further conditions of release are reasonably
1969	likely to assure the defendant's appearance at subsequent
1970	proceedings;
1971	2.  The defendant, with the intent to obstruct the judicial
1972	process, has threatened, intimidated, or injured any victim,
1973	potential witness, juror, or judicial officer, or has attempted
1974	or conspired to do so, and that no condition of release will
1975	reasonably prevent the obstruction of the judicial process;
1976	3.  The defendant is charged with trafficking in controlled
1977	substances as defined by s. 893.135, that there is a substantial
1978	probability that the defendant has committed the offense, and
1979	that no conditions of release will reasonably assure the
1980	defendant's appearance at subsequent criminal proceedings; or
1981	4.  The defendant is charged with DUI manslaughter, as
1982	defined by s. 316.193, and that there is a substantial
1983	probability that the defendant committed the crime and that the
1984	defendant poses a threat of harm to the community; conditions
1985	that would support a finding by the court pursuant to this
1986	subparagraph that the defendant poses a threat of harm to the
1987	community include, but are not limited to, any of the following:
1988	a.  The defendant has previously been convicted of any
1989	crime under s. 316.193, or of any crime in any other state or
1990	territory of the United States that is substantially similar to
1991	any crime under s. 316.193;
1992	b.  The defendant was driving with a suspended driver's
1993	license when the charged crime was committed; or
1994	c.  The defendant has previously been found guilty of, or
1995	has had adjudication of guilt withheld for, driving while the
1996	defendant's driver's license was suspended or revoked in
1997	violation of s. 322.34;
1998	5.  The defendant poses the threat of harm to the
1999	community. The court may so conclude, if it finds that the
2000	defendant is presently charged with a dangerous crime, that
2001	there is a substantial probability that the defendant committed
2002	such crime, that the factual circumstances of the crime indicate
2003	a disregard for the safety of the community, and that there are
2004	no conditions of release reasonably sufficient to protect the
2005	community from the risk of physical harm to persons.
2006	6.  The defendant was on probation, parole, or other
2007	release pending completion of sentence or on pretrial release
2008	for a dangerous crime at the time the current offense was
2009	committed; or
2010	7.  The defendant has violated one or more conditions of
2011	pretrial release or bond for the offense currently before the
2012	court and the violation, in the discretion of the court,
2013	supports a finding that no conditions of release can reasonably
2014	protect the community from risk of physical harm to persons or
2015	assure the presence of the accused at trial.
2016	Section 50.  For the purpose of incorporating the
2017	amendments made by this act to sections 316.193 and 327.35,
2018	Florida Statutes, in references thereto, section 938.07, Florida
2019	Statutes, is reenacted to read:
2020	938.07  Driving or boating under the
2021	influence.--Notwithstanding any other provision of s. 316.193 or
2022	s. 327.35, a court cost of $135 shall be added to any fine
2023	imposed pursuant to s. 316.193 or s. 327.35. The clerks shall
2024	remit the funds to the Department of Revenue, $25 of which shall
2025	be deposited in the Emergency Medical Services Trust Fund, $50
2026	shall be deposited in the Criminal Justice Standards and
2027	Training Trust Fund of the Department of Law Enforcement to be
2028	used for operational expenses in conducting the statewide
2029	criminal analysis laboratory system established in s. 943.32,
2030	and $60 shall be deposited in the Brain and Spinal Cord Injury
2031	Rehabilitation Trust Fund created in s. 381.79.
2032	Section 51.  For the purpose of incorporating the amendment
2033	made by this act to section 316.193, Florida Statutes, in a
2034	reference thereto, section 938.21, Florida Statutes, is
2035	reenacted to read:
2036	938.21  Alcohol and drug abuse programs.--Notwithstanding
2037	any provision to the contrary of the laws of this state, the
2038	court may assess for alcohol and other drug abuse programs as
2039	provided in s. 893.165 any defendant who pleads guilty or nolo
2040	contendere to, or is convicted of, a violation of any provision
2041	of chapter 893 or which involves a criminal violation of s.
2042	316.193, s. 856.011, s. 856.015, or chapter 562, chapter 567, or
2043	chapter 568, in addition to any fine and other penalty provided
2044	by law, a court cost in an amount up to the amount of the fine
2045	authorized for the violation. The court is authorized to order a
2046	defendant to pay an additional assessment if it finds that the
2047	defendant has the ability to pay the fine and the additional
2048	assessment and will not be prevented thereby from being
2049	rehabilitated or from making restitution.
2050	Section 52.  For the purpose of incorporating the amendment
2051	made by this act to section 316.193, Florida Statutes, in a
2052	reference thereto, subsection (1) of section 938.23, Florida
2053	Statutes, is reenacted to read:
2054	938.23  Assistance grants for alcohol and other drug abuse
2055	programs.--
2056	(1)  In addition to any fine imposed by law for any
2057	criminal offense under chapter 893 or for any criminal violation
2058	of s. 316.193, s. 856.011, s. 856.015, or chapter 562, chapter
2059	567, or chapter 568, the court shall be authorized, pursuant to
2060	the requirements of s. 938.21, to impose an additional
2061	assessment in an amount up to the amount of the fine authorized
2062	for the offense. Such additional assessments shall be deposited
2063	for the purpose of providing assistance grants to drug abuse
2064	treatment or alcohol treatment or education programs as provided
2065	in s. 893.165.
2066	Section 53.  For the purpose of incorporating the amendment
2067	made by this act to section 316.193, Florida Statutes, in a
2068	reference thereto, subsection (2) of section 948.036, Florida
2069	Statutes, is reenacted to read:
2070	948.036  Work programs as a condition of probation,
2071	community control, or other court-ordered community
2072	supervision.--
2073	(2)  In determining the average weekly wage, unless
2074	otherwise determined by a specific funding program, all
2075	remuneration received from the employer shall be considered a
2076	gratuity, and the offender shall not be entitled to any benefits
2077	otherwise payable under s. 440.15, regardless of whether the
2078	offender may be receiving wages and remuneration from other
2079	employment with another employer and regardless of his or her
2080	future wage-earning capacity. The provisions of this section do
2081	not apply to any person performing labor under a sentence of a
2082	court to perform community services as provided in s. 316.193.
2083	Section 54.  For the purpose of incorporating the amendment
2084	made by this act to section 316.193, Florida Statutes, in a
2085	reference thereto, paragraph (b) of subsection (3) of section
2086	960.03, Florida Statutes, is reenacted to read:
2087	960.03  Definitions; ss. 960.01-960.28.--As used in ss.
2088	960.01-960.28, unless the context otherwise requires, the term:
2089	(3)  "Crime" means:
2090	(b)  A violation of s. 316.193, s. 316.027(1), s.
2091	327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results in
2092	physical injury or death; however, no other act involving the
2093	operation of a motor vehicle, boat, or aircraft which results in
2094	injury or death shall constitute a crime for the purpose of this
2095	chapter unless the injury or death was intentionally inflicted
2096	through the use of such vehicle, boat, or aircraft or unless
2097	such vehicle, boat, or aircraft is an implement of a crime to
2098	which this act applies.
2099	Section 55.  This act shall take effect October 1, 2006.

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