HB 1399

1	A bill to be entitled
2	An act relating to the Department of Transportation;
3	amending s. 163.3182, F.S., relating to transportation
4	concurrency backlog authorities; providing legislative
5	findings and declarations; expanding the power of
6	authorities to borrow money to include issuing certain
7	debt obligations; providing a maximum maturity date for
8	certain debt incurred to finance or refinance certain
9	transportation concurrency backlog projects; authorizing
10	authorities to continue operations and administer certain
11	trust funds for the period of the remaining outstanding
12	debt; requiring local transportation concurrency backlog
13	trust funds to continue to be funded for certain purposes;
14	providing for increased ad valorem tax increment funding
15	for such trust funds under certain circumstances; amending
16	s. 316.0741, F.S.; requiring vehicles to comply with
17	certain federal standards to be driven in an HOV lane at
18	any time, regardless of occupancy; providing for the
19	Department of Highway Safety and Motor Vehicles to limit
20	or discontinue issuance of decals for the use of HOV
21	facilities by hybrid and low-emission and energy-efficient
22	vehicles under certain circumstances; amending s.
23	316.1001, F.S.; revising provisions prohibiting the
24	Department of Highway Safety and Motor Vehicles from
25	issuing a license plate or revalidation sticker to a
26	person who is on a list of persons with outstanding toll
27	violations; specifying that the list may be supplied by
28	the clerk of court; prohibiting issuance of the plate or
29	sticker until the person's name is no longer on the list
30	or until the person presents a receipt from the clerk
31	showing all amounts owed have been paid; amending s.
32	316.193, F.S.; revising the prohibition against driving
33	under the influence of alcohol; revising the blood-alcohol
34	or breath-alcohol level at which certain penalties apply;
35	amending s. 316.302, F.S.; revising references to rules,
36	regulations, and criteria governing commercial motor
37	vehicles engaged in intrastate commerce; providing that
38	the Department of Transportation performs duties assigned
39	to the Field Administrator of the Federal Motor Carrier
40	Safety Administration under the federal rules and may
41	enforce those rules; amending s. 316.656, F.S.; revising
42	the prohibition against a judge accepting a plea to a
43	lesser offense from a person charged under certain DUI
44	provisions; revising the blood-alcohol or breath-alcohol
45	level at which the prohibition applies; amending s.
46	334.044, F.S.; requiring the department to maintain
47	certain training programs; authorizing such programs to
48	provide for incremental increases to base salary for
49	employees successfully completing training phases;
50	amending s. 337.185, F.S.; providing for the State
51	Arbitration Board to arbitrate certain claims relating to
52	maintenance contracts; providing for a member of the board
53	to be elected by maintenance companies as well as
54	construction companies; amending s. 337.403, F.S.;
55	requiring the department or local governmental entity to
56	pay the cost of relocation of a utility that is found to
57	be interfering with the use, maintenance, improvement,
58	extension, or expansion, of a public road or publicly
59	owned rail corridor if the facility serves the department
60	or governmental entity exclusively; amending s. 338.01,
61	F.S.; requiring new and replacement electronic toll
62	collection systems to be interoperable with the
63	department's system; amending s. 338.165, F.S.; revising
64	provisions for use of certain toll revenue; amending s.
65	338.2216, F.S.; directing the Florida Turnpike Enterprise
66	to implement new technologies and processes in its
67	operations and collection of tolls and other amounts;
68	amending s. 338.223, F.S.; conforming a cross-reference;
69	amending s. 338.231, F.S.; revising provisions for
70	establishing and collecting tolls; amending s. 339.135,
71	F.S.; revising the department's authority to amend the
72	adopted work program; amending s. 339.155, F.S.; revising
73	provisions for development of the Florida Transportation
74	Plan; amending ss. 339.2819 and 339.285, F.S.; conforming
75	cross-references; amending s. 479.01, F.S.; revising
76	provisions for outdoor advertising; revising the
77	definition of the term "automatic changeable facing";
78	amending s. 479.07, F.S.; revising a prohibition against
79	signs on the State Highway System; revising requirements
80	for display of the sign permit tag; directing the
81	department to establish by rule a fee for furnishing a
82	replacement permit tag; amending s. 479.08, F.S.; revising
83	provisions for denial or revocation of a sign permit;
84	amending s. 479.11, F.S.; revising a prohibition against
85	certain signs located outside an urban area; amending s.
86	479.261, F.S.; revising provisions for the logo sign
87	program; revising requirements for businesses to
88	participate in the program; authorizing the department to
89	adopt rules for removing and adding businesses on a
90	rotating basis; removing a provision for an application
91	fee; revising the provisions for an annual permit fee;
92	providing for rules to phase in the fee; reenacting ss.
93	316.066(3)(a), 316.072(4)(b), 316.1932(3), 316.1933(4),
94	316.1937(1) and (2)(d), 316.1939(1)(b), 316.656(1),
95	318.143(4) and (5), 318.17(3), 320.055(1)(c), 322.03(2),
96	322.0602(2)(a), 322.21(8), 322.25(5), 322.26(1)(a),
97	322.2615(14)(a) and (16), 322.2616(15) and (19),
98	322.264(1)(b), 322.271(2)(a), (c) and (4), 322.2715(2),
99	(3)(a), (c), and (4), 322.28(2), 322.282(2)(a),
100	322.291(1)(a), 322.34(9)(a), 322.62(3), 322.63(2)(d) and
101	(6), 322.64(1), (2), (7)(a), (8)(b), (14), and (15),
102	323.001(4)(f), 324.023, 324.131, 327.35(6), 337.195(1),
103	440.02(17)(c), 440.09(7)(b), 493.6106(1)(d),
104	627.7275(2)(a), 627.758(4), 790.06(2)(f) and (10)(f),
105	903.36(2), and 907.041(4)(c), F.S., relating to written
106	reports of crashes, obedience to and effect of traffic
107	laws, tests for alcohol, chemical substances, or
108	controlled substances, implied consent, refusal, blood
109	test for impairment or intoxication in cases of death or
110	serious bodily injury, right to use reasonable force,
111	ignition interlock devices, requiring, unlawful acts,
112	refusal to submit to testing, penalties, mandatory
113	adjudication, prohibition against accepting plea to lesser
114	included offense, sanctions for infractions by minors,
115	offenses excepted, registration periods, renewal periods,
116	drivers must be licensed, penalties, youthful drunk driver
117	visitation program, license fees, procedure for handling
118	and collecting fees, when court to forward license to
119	department and report convictions, temporary reinstatement
120	of driving privileges, mandatory revocation of license by
121	department, suspension of license, right to review,
122	suspension of license, persons under 21 years of age,
123	right to review, "habitual traffic offender" defined,
124	authority to modify revocation, cancellation, or
125	suspension order, ignition interlock device, period of
126	suspension or revocation, procedure when court revokes or
127	suspends license or driving privilege and orders
128	reinstatement, driver improvement schools or dui programs,
129	required in certain suspension and revocation cases,
130	driving while license suspended, revoked, canceled, or
131	disqualified, driving under the influence, commercial
132	motor vehicle operators, alcohol or drug testing,
133	commercial motor vehicle operators, holder of commercial
134	driver's license, driving with unlawful blood-alcohol
135	level, refusal to submit to breath, urine, or blood test,
136	wrecker operator storage facilities, vehicle holds,
137	financial responsibility for bodily injury or death,
138	period of suspension, boating under the influence,
139	penalties, "designated drivers," limits on liability,
140	definitions, coverage, license requirements, posting,
141	motor vehicle liability, surety on auto club traffic
142	arrest bond, conditions, limit, bail bond, license to
143	carry concealed weapon or firearm, guaranteed arrest bond
144	certificates as cash bail, and pretrial detention and
145	release, to incorporate references in changes made by the
146	act; providing effective dates.
147
148	Be It Enacted by the Legislature of the State of Florida:
149
150	Section 1.  Paragraph (c) is added to subsection (2) of
151	section 163.3182, Florida Statutes, and paragraph (d) of
152	subsection (3), paragraph (a) of subsection (4), and subsections
153	(5) and (8) of that section are amended, to read:
154	163.3182  Transportation concurrency backlogs.--
155	(2)  CREATION OF TRANSPORTATION CONCURRENCY BACKLOG
156	AUTHORITIES.--
157	(c)  The Legislature finds and declares that there exists
158	in many counties and municipalities areas with significant
159	transportation deficiencies and inadequate transportation
160	facilities; that many such insufficiencies and inadequacies
161	severely limit or prohibit the satisfaction of transportation
162	concurrency standards; that such transportation insufficiencies
163	and inadequacies affect the health, safety, and welfare of the
164	residents of such counties and municipalities; that such
165	transportation insufficiencies and inadequacies adversely affect
166	economic development and growth of the tax base for the areas in
167	which such insufficiencies and inadequacies exist; and that the
168	elimination of transportation deficiencies and inadequacies and
169	the satisfaction of transportation concurrency standards are
170	paramount public purposes for the state and its counties and
171	municipalities.
172	(3)  POWERS OF A TRANSPORTATION CONCURRENCY BACKLOG
173	AUTHORITY.--Each transportation concurrency backlog authority
174	has the powers necessary or convenient to carry out the purposes
175	of this section, including the following powers in addition to
176	others granted in this section:
177	(d)  To borrow money, including, but not limited to,
178	issuing debt obligations, such as, but not limited to, bonds,
179	notes, certificates, and similar debt instruments; to apply for
180	and accept advances, loans, grants, contributions, and any other
181	forms of financial assistance from the Federal Government or the
182	state, county, or any other public body or from any sources,
183	public or private, for the purposes of this part; to give such
184	security as may be required; to enter into and carry out
185	contracts or agreements; and to include in any contracts for
186	financial assistance with the Federal Government for or with
187	respect to a transportation concurrency backlog project and
188	related activities such conditions imposed pursuant to federal
189	laws as the transportation concurrency backlog authority
190	considers reasonable and appropriate and which are not
191	inconsistent with the purposes of this section.
192	(4)  TRANSPORTATION CONCURRENCY BACKLOG PLANS.--
193	(a)  Each transportation concurrency backlog authority
194	shall adopt a transportation concurrency backlog plan as a part
195	of the local government comprehensive plan within 6 months after
196	the creation of the authority. The plan shall:
197	1.  Identify all transportation facilities that have been
198	designated as deficient and require the expenditure of moneys to
199	upgrade, modify, or mitigate the deficiency.
200	2.  Include a priority listing of all transportation
201	facilities that have been designated as deficient and do not
202	satisfy concurrency requirements pursuant to s. 163.3180, and
203	the applicable local government comprehensive plan.
204	3.  Establish a schedule for financing and construction of
205	transportation concurrency backlog projects that will eliminate
206	transportation concurrency backlogs within the jurisdiction of
207	the authority within 10 years after the transportation
208	concurrency backlog plan adoption. The schedule shall be adopted
209	as part of the local government comprehensive plan.
210	Notwithstanding such schedule requirements, as long as the
211	schedule provides for the elimination of all transportation
212	concurrency backlogs within 10 years after the adoption of the
213	concurrency backlog plan, the final maturity date of any debt
214	incurred to finance or refinance the related projects may be no
215	later than 40 years after the date such debt is incurred and the
216	authority may continue operations and administer the trust fund
217	established as provided in subsection (5) for as long as such
218	debt remains outstanding.
219	(5)  ESTABLISHMENT OF LOCAL TRUST FUND.--The transportation
220	concurrency backlog authority shall establish a local
221	transportation concurrency backlog trust fund upon creation of
222	the authority. Each local trust fund shall be administered by
223	the transportation concurrency backlog authority within which a
224	transportation concurrency backlog has been identified. Each
225	local trust fund shall continue to be funded pursuant to this
226	section for as long as the projects set forth in the related
227	transportation concurrency backlog plan remain to be completed
228	or until any debt incurred to finance or refinance the related
229	projects are no longer outstanding, whichever occurs later.
230	Beginning in the first fiscal year after the creation of the
231	authority, each local trust fund shall be funded by the proceeds
232	of an ad valorem tax increment collected within each
233	transportation concurrency backlog area to be determined
234	annually and shall be equal to 50 25 percent of the difference
235	between the amounts set forth in paragraphs (a) and (b), except
236	that if all of the affected taxing authorities agree pursuant to
237	an interlocal agreement, a particular local trust fund may be
238	funded by the proceeds of an ad valorem tax increment greater
239	than 50 percent of the difference between the amounts set forth
240	in paragraphs (a) and (b):
241	(a)  The amount of ad valorem tax levied each year by each
242	taxing authority, exclusive of any amount from any debt service
243	millage, on taxable real property contained within the
244	jurisdiction of the transportation concurrency backlog authority
245	and within the transportation backlog area; and
246	(b)  The amount of ad valorem taxes which would have been
247	produced by the rate upon which the tax is levied each year by
248	or for each taxing authority, exclusive of any debt service
249	millage, upon the total of the assessed value of the taxable
250	real property within the transportation concurrency backlog area
251	as shown on the most recent assessment roll used in connection
252	with the taxation of such property of each taxing authority
253	prior to the effective date of the ordinance funding the trust
254	fund.
255	(8)  DISSOLUTION.--Upon completion of all transportation
256	concurrency backlog projects and repayment or defeasance of all
257	debt issued to finance or refinance such projects, a
258	transportation concurrency backlog authority shall be dissolved,
259	and its assets and liabilities shall be transferred to the
260	county or municipality within which the authority is located.
261	All remaining assets of the authority must be used for
262	implementation of transportation projects within the
263	jurisdiction of the authority. The local government
264	comprehensive plan shall be amended to remove the transportation
265	concurrency backlog plan.
266	Section 2.  Section 316.0741, Florida Statutes, is amended
267	to read:
268	316.0741  High-occupancy-vehicle High occupancy vehicle
269	lanes.--
270	(1)  As used in this section, the term:
271	(a)  "High-occupancy-vehicle High occupancy vehicle lane"
272	or "HOV lane" means a lane of a public roadway designated for
273	use by vehicles in which there is more than one occupant unless
274	otherwise authorized by federal law.
275	(b)  "Hybrid vehicle" means a motor vehicle:
276	1.  That draws propulsion energy from onboard sources of
277	stored energy which are both an internal combustion or heat
278	engine using combustible fuel and a rechargeable energy-storage
279	system; and
280	2.  That, in the case of a passenger automobile or light
281	truck, has received a certificate of conformity under the Clean
282	Air Act, 42 U.S.C. ss. 7401 et seq., and meets or exceeds the
283	equivalent qualifying California standards for a low-emission
284	vehicle.
285	(2)  The number of persons that must be in a vehicle to
286	qualify for legal use of the HOV lane and the hours during which
287	the lane will serve as an HOV lane, if it is not designated as
288	such on a full-time basis, must also be indicated on a traffic
289	control device.
290	(3)  Except as provided in subsection (4), a vehicle may
291	not be driven in an HOV lane if the vehicle is occupied by fewer
292	than the number of occupants indicated by a traffic control
293	device. A driver who violates this section shall be cited for a
294	moving violation, punishable as provided in chapter 318.
295	(4)(a)  Notwithstanding any other provision of this
296	section, an inherently low-emission vehicle (ILEV) that is
297	certified and labeled in accordance with federal regulations may
298	be driven in an HOV lane at any time, regardless of its
299	occupancy. In addition, upon the state's receipt of written
300	notice from the proper federal regulatory agency authorizing
301	such use, a vehicle defined as a hybrid vehicle under this
302	section may be driven in an HOV lane at any time, regardless of
303	its occupancy.
304	(b)  All eligible hybrid and all eligible other low-
305	emission and energy-efficient vehicles driven in an HOV lane
306	must comply with the minimum fuel economy standards in 23 U.S.C.
307	s. 166(f)(3)(B).
308	(c)  Upon its effective date, the eligibility of hybrid and
309	other low-emission and energy-efficient vehicles for operation
310	in an HOV lane regardless of occupancy shall be determined in
311	accordance with the applicable final rule issued by the United
312	States Environmental Protection Agency, pursuant to 23 U.S.C. s.
313	166(e).
314	(5)  The department shall issue a decal and registration
315	certificate, to be renewed annually, reflecting the HOV lane
316	designation on such vehicles authorizing meeting the criteria in
317	subsection (4) authorizing driving in an HOV lane at any time
318	such use. The department may charge a fee for a decal, not to
319	exceed the costs of designing, producing, and distributing each
320	decal, or $5, whichever is less. The proceeds from sale of the
321	decals shall be deposited in the Highway Safety Operating Trust
322	Fund. The department may, for reasons of operation and
323	management of HOV facilities, limit or discontinue issuance of
324	decals for the use of HOV facilities by hybrid and low-emission
325	and energy-efficient vehicles, regardless of occupancy, if it
326	has been determined by the Department of Transportation that the
327	facilities are degraded as defined by 23 U.S.C. s. 166(d)(2).
328	(6)  Vehicles having decals by virtue of compliance with
329	the minimum fuel economy standards under 23 U.S.C. s.
330	166(f)(3)(B), and which are registered for use in high-occupancy
331	toll lanes or express lanes in accordance with Department of
332	Transportation rule, shall be allowed to use any HOV lanes
333	redesignated as high-occupancy toll lanes or express lanes
334	without payment of a toll.
335	(5)  As used in this section, the term "hybrid vehicle"
336	means a motor vehicle:
337	(a)  That draws propulsion energy from onboard sources of
338	stored energy which are both:
339	1.  An internal combustion or heat engine using combustible
340	fuel; and
341	2.  A rechargeable energy storage system; and
342	(b)  That, in the case of a passenger automobile or light
343	truck:
344	1.  Has received a certificate of conformity under the
345	Clean Air Act, 42 U.S.C. ss. 7401 et seq.; and
346	2.  Meets or exceeds the equivalent qualifying California
347	standards for a low-emission vehicle.
348	(7)(6)  The department may adopt rules necessary to
349	administer this section.
350	Section 3.  Subsection (4) of section 316.1001, Florida
351	Statutes, is amended to read:
352	316.1001  Payment of toll on toll facilities required;
353	penalties.--
354	(4)  Any governmental entity, including, without
355	limitation, a clerk of court, may supply the department with
356	data that is machine readable by the department's computer
357	system, listing persons who have one or more outstanding
358	violations of this section, with reference to the person's
359	driver's license number, or license plate number in the case of
360	a business entity. Pursuant to s. 320.03(8), those persons may
361	not be issued a license plate or revalidation sticker for any
362	motor vehicle. Upon receipt of such lists of persons, in
363	accordance with the provisions of s. 320.03(8), the department
364	and its authorized agents shall not issue a license plate or
365	revalidation sticker for any motor vehicle owned by a person
366	having any outstanding violations of this section until such
367	person's name no longer appears on the department's list of
368	persons with outstanding violations of this section or until
369	such person presents a receipt from the clerk showing that all
370	applicable amounts owed on outstanding violations have been
371	paid.
372	Section 4.  Subsection (4) of section 316.193, Florida
373	Statutes, is amended to read:
374	316.193  Driving under the influence; penalties.--
375	(4)(a)  Any person who is convicted of a violation of
376	subsection (1) and who has a blood-alcohol level or breath-
377	alcohol level of 0.15 0.20 or higher, or any person who is
378	convicted of a violation of subsection (1) and who at the time
379	of the offense was accompanied in the vehicle by a person under
380	the age of 18 years, shall be punished:
381	1.(a)  By a fine of:
382	a.1.  Not less than $500 or more than $1,000 for a first
383	conviction.
384	b.2.  Not less than $1,000 or more than $2,000 for a second
385	conviction.
386	c.3.  Not less than $2,000 for a third or subsequent
387	conviction.
388	2.(b)  By imprisonment for:
389	a.1.  Not more than 9 months for a first conviction.
390	b.2.  Not more than 12 months for a second conviction.
391	(b)  For the purposes of this subsection, only the instant
392	offense is required to be a violation of subsection (1) by a
393	person who has a blood-alcohol level or breath-alcohol level of
394	0.15 0.20 or higher.
395	(c)  In addition to the penalties in subparagraphs (a)1.
396	and 2. paragraphs (a) and (b), the court shall order the
397	mandatory placement, at the convicted person's sole expense, of
398	an ignition interlock device approved by the department in
399	accordance with s. 316.1938 upon all vehicles that are
400	individually or jointly leased or owned and routinely operated
401	by the convicted person for up to 6 months for the first offense
402	and for at least 2 years for a second offense, when the
403	convicted person qualifies for a permanent or restricted
404	license. The installation of such device may not occur before
405	July 1, 2003.
406	Section 5.  Effective October 1, 2008, paragraph (b) of
407	subsection (1) and subsections (6) and (8) of section 316.302,
408	Florida Statutes, are amended to read:
409	316.302  Commercial motor vehicles; safety regulations;
410	transporters and shippers of hazardous materials; enforcement.--
411	(1)
412	(b)  Except as otherwise provided in this section, all
413	owners or drivers of commercial motor vehicles that are engaged
414	in intrastate commerce are subject to the rules and regulations
415	contained in 49 C.F.R. parts 382, 385, and 390-397, with the
416	exception of 49 C.F.R. s. 390.5 as it relates to the definition
417	of bus, as such rules and regulations existed on October 1, 2008
418	2005.
419	(6)  The state Department of Transportation shall perform
420	the duties that are assigned to the Field Administrator, Federal
421	Motor Carrier Safety Administration Regional Federal Highway
422	Administrator under the federal rules, and an agent of that
423	department, as described in s. 316.545(9), may enforce those
424	rules.
425	(8)  For the purpose of enforcing this section, any law
426	enforcement officer of the Department of Transportation or duly
427	appointed agent who holds a current safety inspector
428	certification from the Commercial Vehicle Safety Alliance may
429	require the driver of any commercial vehicle operated on the
430	highways of this state to stop and submit to an inspection of
431	the vehicle or the driver's records. If the vehicle or driver is
432	found to be operating in an unsafe condition, or if any required
433	part or equipment is not present or is not in proper repair or
434	adjustment, and the continued operation would present an unduly
435	hazardous operating condition, the officer may require the
436	vehicle or the driver to be removed from service pursuant to the
437	North American Standard Uniform Out-of-Service Criteria, until
438	corrected. However, if continuous operation would not present an
439	unduly hazardous operating condition, the officer may give
440	written notice requiring correction of the condition within 14
441	days.
442	(a)  Any member of the Florida Highway Patrol or any law
443	enforcement officer employed by a sheriff's office or municipal
444	police department authorized to enforce the traffic laws of this
445	state pursuant to s. 316.640 who has reason to believe that a
446	vehicle or driver is operating in an unsafe condition may, as
447	provided in subsection (10), enforce the provisions of this
448	section.
449	(b)  Any person who fails to comply with an officer's
450	request to submit to an inspection under this subsection commits
451	a violation of s. 843.02 if the person resists the officer
452	without violence or a violation of s. 843.01 if the person
453	resists the officer with violence.
454	Section 6.  Paragraph (a) of subsection (2) of section
455	316.656, Florida Statutes, is amended to read:
456	316.656  Mandatory adjudication; prohibition against
457	accepting plea to lesser included offense.--
458	(2)(a)  No trial judge may accept a plea of guilty to a
459	lesser offense from a person charged under the provisions of
460	this act who has been given a breath or blood test to determine
461	blood or breath alcohol content, the results of which show a
462	blood or breath alcohol content by weight of 0.15 0.20 percent
463	or more.
464	Section 7.  Subsection (34) is added to section 334.044,
465	Florida Statutes, to read:
466	334.044  Department; powers and duties.--The department
467	shall have the following general powers and duties:
468	(34)  The department shall maintain training programs for
469	department employees and prospective employees who are graduates
470	from an approved engineering curriculum of 4 years or more in a
471	school, college, or university approved by the Board of
472	Professional Engineers to provide broad practical expertise in
473	the field of transportation engineering leading to licensure as
474	a professional engineer. The department shall maintain training
475	programs for department employees to provide broad practical
476	experience and enhanced knowledge in the areas of right-of-way
477	property management, real estate appraisal, and business
478	valuation relating to department right-of-way acquisition
479	activities. These training programs may provide for incremental
480	increases to base salary for all employees enrolled in the
481	programs upon successful completion of training phases.
482	Section 8.  Subsections (1), (2), and (7) of section
483	337.185, Florida Statutes, are amended to read:
484	337.185  State Arbitration Board.--
485	(1)  To facilitate the prompt settlement of claims for
486	additional compensation arising out of construction and
487	maintenance contracts between the department and the various
488	contractors with whom it transacts business, the Legislature
489	does hereby establish the State Arbitration Board, referred to
490	in this section as the "board." For the purpose of this section,
491	"claim" shall mean the aggregate of all outstanding claims by a
492	party arising out of a construction or maintenance contract.
493	Every contractual claim in an amount up to $250,000 per contract
494	or, at the claimant's option, up to $500,000 per contract or,
495	upon agreement of the parties, up to $1 million per contract
496	that cannot be resolved by negotiation between the department
497	and the contractor shall be arbitrated by the board after
498	acceptance of the project by the department. As an exception,
499	either party to the dispute may request that the claim be
500	submitted to binding private arbitration. A court of law may not
501	consider the settlement of such a claim until the process
502	established by this section has been exhausted.
503	(2)  The board shall be composed of three members. One
504	member shall be appointed by the head of the department, and one
505	member shall be elected by those construction or maintenance
506	companies who are under contract with the department. The third
507	member shall be chosen by agreement of the other two members.
508	Whenever the third member has a conflict of interest regarding
509	affiliation with one of the parties, the other two members shall
510	select an alternate member for that hearing. The head of the
511	department may select an alternative or substitute to serve as
512	the department member for any hearing or term. Each member shall
513	serve a 2-year term. The board shall elect a chair, each term,
514	who shall be the administrator of the board and custodian of its
515	records.
516	(7)  The members of the board may receive compensation for
517	the performance of their duties hereunder, from administrative
518	fees received by the board, except that no employee of the
519	department may receive compensation from the board. The
520	compensation amount shall be determined by the board, but shall
521	not exceed $125 per hour, up to a maximum of $1,000 per day for
522	each member authorized to receive compensation. Nothing in this
523	section shall prevent the member elected by construction or
524	maintenance companies from being an employee of an association
525	affiliated with the industry, even if the sole responsibility of
526	that member is service on the board. Travel expenses for the
527	industry member may be paid by an industry association, if
528	necessary. The board may allocate funds annually for clerical
529	and other administrative services.
530	Section 9.  Subsection (1) of section 337.403, Florida
531	Statutes, is amended to read:
532	337.403  Relocation of utility; expenses.--
533	(1)  Any utility heretofore or hereafter placed upon,
534	under, over, or along any public road or publicly owned rail
535	corridor that is found by the authority to be unreasonably
536	interfering in any way with the convenient, safe, or continuous
537	use, or the maintenance, improvement, extension, or expansion,
538	of such public road or publicly owned rail corridor shall, upon
539	30 days' written notice to the utility or its agent by the
540	authority, be removed or relocated by such utility at its own
541	expense except as provided in paragraphs (a), (b), and (c), and
542	(d).
543	(a)  If the relocation of utility facilities, as referred
544	to in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
545	627 of the 84th Congress, is necessitated by the construction of
546	a project on the federal-aid interstate system, including
547	extensions thereof within urban areas, and the cost of such
548	project is eligible and approved for reimbursement by the
549	Federal Government to the extent of 90 percent or more under the
550	Federal Aid Highway Act, or any amendment thereof, then in that
551	event the utility owning or operating such facilities shall
552	relocate such facilities upon order of the department, and the
553	state shall pay the entire expense properly attributable to such
554	relocation after deducting therefrom any increase in the value
555	of the new facility and any salvage value derived from the old
556	facility.
557	(b)  When a joint agreement between the department and the
558	utility is executed for utility improvement, relocation, or
559	removal work to be accomplished as part of a contract for
560	construction of a transportation facility, the department may
561	participate in those utility improvement, relocation, or removal
562	costs that exceed the department's official estimate of the cost
563	of such work by more than 10 percent. The amount of such
564	participation shall be limited to the difference between the
565	official estimate of all the work in the joint agreement plus 10
566	percent and the amount awarded for this work in the construction
567	contract for such work. The department may not participate in
568	any utility improvement, relocation, or removal costs that occur
569	as a result of changes or additions during the course of the
570	contract.
571	(c)  When an agreement between the department and utility
572	is executed for utility improvement, relocation, or removal work
573	to be accomplished in advance of a contract for construction of
574	a transportation facility, the department may participate in the
575	cost of clearing and grubbing necessary to perform such work.
576	(d)  If the facility being relocated exclusively serves the
577	authority, the authority shall bear the cost of removal or
578	relocation.
579	Section 10.  Subsection (6) is added to section 338.01,
580	Florida Statutes, to read:
581	338.01  Authority to establish and regulate limited access
582	facilities.--
583	(6)  All new limited access facilities and existing
584	transportation facilities on which new or replacement electronic
585	toll collection systems are installed shall be interoperable
586	with the department's electronic toll collection system.
587	Section 11.  Subsections (2) and (4) of section 338.165,
588	Florida Statutes, are amended to read:
589	338.165  Continuation of tolls.--
590	(2)  If the revenue-producing project is on the State
591	Highway System, any remaining toll revenue shall be used within
592	the county or counties in which the revenue-producing project is
593	located for the construction, maintenance, or improvement of any
594	road on the State Highway System or public transit within the
595	county or counties in which the revenue-producing project is
596	located, except as provided in s. 348.0004.
597	(4)  Notwithstanding any other law to the contrary,
598	pursuant to s. 11, Art. VII of the State Constitution, and
599	subject to the requirements of subsection (2), the Department of
600	Transportation may request the Division of Bond Finance to issue
601	bonds secured by toll revenues to be collected on the Alligator
602	Alley, the Sunshine Skyway Bridge, the Beeline-East Expressway,
603	the Navarre Bridge, and the Pinellas Bayway to fund
604	transportation projects located within the county or counties in
605	which the project is located and contained in the adopted work
606	program of the department.
607	Section 12.  Paragraph (d) is added to subsection (1) of
608	section 338.2216, Florida Statutes, to read:
609	338.2216  Florida Turnpike Enterprise; powers and
610	authority.--
611	(1)
612	(d)  The Florida Turnpike Enterprise is directed to pursue
613	and implement new technologies and processes in its operations
614	and collection of tolls and the collection of other amounts
615	associated with road and infrastructure usage. This is to
616	include, without limitation, video billing and variable pricing.
617	Section 13.  Paragraph (b) of subsection (1) of section
618	338.223, Florida Statutes, is amended to read:
619	338.223  Proposed turnpike projects.--
620	(1)
621	(b)  Any proposed turnpike project or improvement shall be
622	developed in accordance with the Florida Transportation Plan and
623	the work program pursuant to s. 339.135. Turnpike projects that
624	add capacity, alter access, affect feeder roads, or affect the
625	operation of the local transportation system shall be included
626	in the transportation improvement plan of the affected
627	metropolitan planning organization. If such turnpike project
628	does not fall within the jurisdiction of a metropolitan planning
629	organization, the department shall notify the affected county
630	and provide for public hearings in accordance with s.
631	339.155(5)(6)(c).
632	Section 14.  Section 338.231, Florida Statutes, is amended
633	to read:
634	338.231  Turnpike tolls, fixing; pledge of tolls and other
635	revenues.--The department shall at all times fix, adjust,
636	charge, and collect such tolls and amounts for the use of the
637	turnpike system as are required in order to provide a fund
638	sufficient with other revenues of the turnpike system to pay the
639	cost of maintaining, improving, repairing, and operating such
640	turnpike system; to pay the principal of and interest on all
641	bonds issued to finance or refinance any portion of the turnpike
642	system as the same become due and payable; and to create
643	reserves for all such purposes.
644	(1)  In the process of effectuating toll rate increases
645	over the period 1988 through 1992, the department shall, to the
646	maximum extent feasible, equalize the toll structure, within
647	each vehicle classification, so that the per mile toll rate will
648	be approximately the same throughout the turnpike system. New
649	turnpike projects may have toll rates higher than the uniform
650	system rate where such higher toll rates are necessary to
651	qualify the project in accordance with the financial criteria in
652	the turnpike law. Such higher rates may be reduced to the
653	uniform system rate when the project is generating sufficient
654	revenues to pay the full amount of debt service and operating
655	and maintenance costs at the uniform system rate. If, after 15
656	years of opening to traffic, the annual revenue of a turnpike
657	project does not meet or exceed the annual debt service
658	requirements and operating and maintenance costs attributable to
659	such project, the department shall, to the maximum extent
660	feasible, establish a toll rate for the project which is higher
661	than the uniform system rate as necessary to meet such annual
662	debt service requirements and operating and maintenance costs.
663	The department may, to the extent feasible, establish a
664	temporary toll rate at less than the uniform system rate for the
665	purpose of building patronage for the ultimate benefit of the
666	turnpike system. In no case shall the temporary rate be
667	established for more than 1 year. The requirements of this
668	subsection shall not apply when the application of such
669	requirements would violate any covenant established in a
670	resolution or trust indenture relating to the issuance of
671	turnpike bonds.
672	(1)(2)  Notwithstanding any other provision of law, the
673	department may defer the scheduled July 1, 1993, toll rate
674	increase on the Homestead Extension of the Florida Turnpike
675	until July 1, 1995. The department may also advance funds to the
676	Turnpike General Reserve Trust Fund to replace estimated lost
677	revenues resulting from this deferral. The amount advanced must
678	be repaid within 12 years from the date of advance; however, the
679	repayment is subordinate to all other debt financing of the
680	turnpike system outstanding at the time repayment is due.
681	(2)(3)  The department shall publish a proposed change in
682	the toll rate for the use of an existing toll facility, in the
683	manner provided for in s. 120.54, which will provide for public
684	notice and the opportunity for a public hearing before the
685	adoption of the proposed rate change. When the department is
686	evaluating a proposed turnpike toll project under s. 338.223 and
687	has determined that there is a high probability that the project
688	will pass the test of economic feasibility predicated on
689	proposed toll rates, the toll rate that is proposed to be
690	charged after the project is constructed must be adopted during
691	the planning and project development phase of the project, in
692	the manner provided for in s. 120.54, including public notice
693	and the opportunity for a public hearing. For such a new
694	project, the toll rate becomes effective upon the opening of the
695	project to traffic.
696	(3)(a)(4)  For the period July 1, 1998, through June 30,
697	2017, the department shall, to the maximum extent feasible,
698	program sufficient funds in the tentative work program such that
699	the percentage of turnpike toll and bond financed commitments in
700	Dade County, Broward County, and Palm Beach County as compared
701	to total turnpike toll and bond financed commitments shall be at
702	least 90 percent of the share of net toll collections
703	attributable to users of the turnpike system in Dade County,
704	Broward County, and Palm Beach County as compared to total net
705	toll collections attributable to users of the turnpike system.
706	The requirements of this subsection do not apply when the
707	application of such requirements would violate any covenant
708	established in a resolution or trust indenture relating to the
709	issuance of turnpike bonds. The department at any time for
710	economic considerations may establish lower temporary toll rates
711	for a new or existing toll facility for a period not to exceed 1
712	year, after which the toll rates promulgated under s. 120.54
713	shall become effective.
714	(b)  The department shall also fix, adjust, charge, and
715	collect such amounts needed to cover the costs of administering
716	the different toll collection and payment methods and types of
717	accounts being offered and utilized, in the manner provided for
718	in s. 120.54, which will provide for public notice and the
719	opportunity for a public hearing before adoption. Such amounts
720	may stand alone, or be incorporated in a toll rate structure, or
721	be a combination thereof.
722	(4)(5)  When bonds are outstanding which have been issued
723	to finance or refinance any turnpike project, the tolls and all
724	other revenues derived from the turnpike system and pledged to
725	such bonds shall be set aside as may be provided in the
726	resolution authorizing the issuance of such bonds or the trust
727	agreement securing the same. The tolls or other revenues or
728	other moneys so pledged and thereafter received by the
729	department are immediately subject to the lien of such pledge
730	without any physical delivery thereof or further act. The lien
731	of any such pledge is valid and binding as against all parties
732	having claims of any kind in tort or contract or otherwise
733	against the department irrespective of whether such parties have
734	notice thereof. Neither the resolution nor any trust agreement
735	by which a pledge is created need be filed or recorded except in
736	the records of the department.
737	(5)(6)  In each fiscal year while any of the bonds of the
738	Broward County Expressway Authority series 1984 and series 1986-
739	A remain outstanding, the department is authorized to pledge
740	revenues from the turnpike system to the payment of principal
741	and interest of such series of bonds and the operation and
742	maintenance expenses of the Sawgrass Expressway, to the extent
743	gross toll revenues of the Sawgrass Expressway are insufficient
744	to make such payments. The terms of an agreement relative to the
745	pledge of turnpike system revenue will be negotiated with the
746	parties of the 1984 and 1986 Broward County Expressway Authority
747	lease-purchase agreements, and subject to the covenants of those
748	agreements. The agreement shall establish that the Sawgrass
749	Expressway shall be subject to the planning, management, and
750	operating control of the department limited only by the terms of
751	the lease-purchase agreements. The department shall provide for
752	the payment of operation and maintenance expenses of the
753	Sawgrass Expressway until such agreement is in effect. This
754	pledge of turnpike system revenues shall be subordinate to the
755	debt service requirements of any future issue of turnpike bonds,
756	the payment of turnpike system operation and maintenance
757	expenses, and subject to provisions of any subsequent resolution
758	or trust indenture relating to the issuance of such turnpike
759	bonds.
760	(6)(7)  The use and disposition of revenues pledged to
761	bonds are subject to the provisions of ss. 338.22-338.241 and
762	such regulations as the resolution authorizing the issuance of
763	such bonds or such trust agreement may provide.
764	Section 15.  Paragraph (c) of subsection (7) of section
765	339.135, Florida Statutes, is amended to read:
766	339.135  Work program; legislative budget request;
767	definitions; preparation, adoption, execution, and amendment.--
768	(7)  AMENDMENT OF THE ADOPTED WORK PROGRAM.--
769	(c)  The department may amend the adopted work program to
770	transfer fixed capital outlay appropriations for projects within
771	the same appropriations category or between appropriations
772	categories, including the following amendments which shall be
773	subject to the procedures in paragraph (d):
774	1.  Any amendment which deletes any project or project
775	phase;
776	2.  Any amendment which adds a project estimated to cost
777	over $500,000 $150,000 in funds appropriated by the Legislature;
778	3.  Any amendment which advances or defers to another
779	fiscal year, a right-of-way phase, a construction phase, or a
780	public transportation project phase estimated to cost over
781	$500,000 in funds appropriated by the Legislature, except an
782	amendment advancing a phase to the current fiscal year by one
783	fiscal year or deferring a phase for a period of 90 days or
784	less; or
785	4.  Any amendment which advances or defers to another
786	fiscal year, any preliminary engineering phase or design phase
787	estimated to cost over $500,000 $150,000 in funds appropriated
788	by the Legislature, except an amendment advancing a phase to the
789	current fiscal year by one fiscal year or deferring a phase for
790	a period of 90 days or less.
791	Section 16.  Section 339.155, Florida Statutes, is amended
792	to read:
793	339.155  Transportation planning.--
794	(1)  THE FLORIDA TRANSPORTATION PLAN.--The department shall
795	develop and annually update a statewide transportation plan, to
796	be known as the Florida Transportation Plan. The plan shall be
797	designed so as to be easily read and understood by the general
798	public. The purpose of the Florida Transportation Plan is to
799	establish and define the state's long-range transportation goals
800	and objectives to be accomplished over a period of at least 20
801	years within the context of the State Comprehensive Plan, and
802	any other statutory mandates and authorizations and based upon
803	the prevailing principles of: preserving the existing
804	transportation infrastructure; enhancing Florida's economic
805	competitiveness; and improving travel choices to ensure
806	mobility. The Florida Transportation Plan shall consider the
807	needs of the entire state transportation system and examine the
808	use of all modes of transportation to effectively and
809	efficiently meet such needs.
810	(2)  SCOPE OF PLANNING PROCESS.--The department shall carry
811	out a transportation planning process in conformance with s.
812	334.046(1) and 23 U.S.C. s. 135, as amended from time to time.
813	which provides for consideration of projects and strategies that
814	will:
815	(a)  Support the economic vitality of the United States,
816	Florida, and the metropolitan areas, especially by enabling
817	global competitiveness, productivity, and efficiency;
818	(b)  Increase the safety and security of the transportation
819	system for motorized and nonmotorized users;
820	(c)  Increase the accessibility and mobility options
821	available to people and for freight;
822	(d)  Protect and enhance the environment, promote energy
823	conservation, and improve quality of life;
824	(e)  Enhance the integration and connectivity of the
825	transportation system, across and between modes throughout
826	Florida, for people and freight;
827	(f)  Promote efficient system management and operation; and
828	(g)  Emphasize the preservation of the existing
829	transportation system.
830	(3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida
831	Transportation Plan shall be a unified, concise planning
832	document that clearly defines the state's long-range
833	transportation goals and objectives and documents the
834	department's short-range objectives developed to further such
835	goals and objectives. The plan shall:
836	(a)  Include a glossary that clearly and succinctly defines
837	any and all phrases, words, or terms of art included in the
838	plan, with which the general public may be unfamiliar. and shall
839	consist of, at a minimum, the following components:
840	(b)(a)  Document A long-range component documenting the
841	goals and long-term objectives necessary to implement the
842	results of the department's findings from its examination of the
843	prevailing principles and criteria provided under listed in
844	subsection (2) and s. 334.046(1). The long-range component must
845	(c)  Be developed in cooperation with the metropolitan
846	planning organizations and reconciled, to the maximum extent
847	feasible, with the long-range plans developed by metropolitan
848	planning organizations pursuant to s. 339.175. The plan must
849	also
850	(d)  Be developed in consultation with affected local
851	officials in nonmetropolitan areas and with any affected Indian
852	tribal governments. The plan must
853	(e)  Provide an examination of transportation issues likely
854	to arise during at least a 20-year period. The long-range
855	component shall
856	(f)  Be updated at least once every 5 years, or more often
857	as necessary, to reflect substantive changes to federal or state
858	law.
859	(b)  A short-range component documenting the short-term
860	objectives and strategies necessary to implement the goals and
861	long-term objectives contained in the long-range component. The
862	short-range component must define the relationship between the
863	long-range goals and the short-range objectives, specify those
864	objectives against which the department's achievement of such
865	goals will be measured, and identify transportation strategies
866	necessary to efficiently achieve the goals and objectives in the
867	plan. It must provide a policy framework within which the
868	department's legislative budget request, the strategic
869	information resource management plan, and the work program are
870	developed. The short-range component shall serve as the
871	department's annual agency strategic plan pursuant to s.
872	186.021. The short-range component shall be developed consistent
873	with available and forecasted state and federal funds. The
874	short-range component shall also be submitted to the Florida
875	Transportation Commission.
876	(4)  ANNUAL PERFORMANCE REPORT.--The department shall
877	develop an annual performance report evaluating the operation of
878	the department for the preceding fiscal year. The report shall
879	also include a summary of the financial operations of the
880	department and shall annually evaluate how well the adopted work
881	program meets the short-term objectives contained in the short-
882	range component of the Florida Transportation Plan. This
883	performance report shall be submitted to the Florida
884	Transportation Commission and the legislative appropriations and
885	transportation committees.
886	(4)(5)  ADDITIONAL TRANSPORTATION PLANS.--
887	(a)  Upon request by local governmental entities, the
888	department may in its discretion develop and design
889	transportation corridors, arterial and collector streets,
890	vehicular parking areas, and other support facilities which are
891	consistent with the plans of the department for major
892	transportation facilities. The department may render to local
893	governmental entities or their planning agencies such technical
894	assistance and services as are necessary so that local plans and
895	facilities are coordinated with the plans and facilities of the
896	department.
897	(b)  Each regional planning council, as provided for in s.
898	186.504, or any successor agency thereto, shall develop, as an
899	element of its strategic regional policy plan, transportation
900	goals and policies. The transportation goals and policies must
901	be prioritized to comply with the prevailing principles provided
902	in subsection (2) and s. 334.046(1). The transportation goals
903	and policies shall be consistent, to the maximum extent
904	feasible, with the goals and policies of the metropolitan
905	planning organization and the Florida Transportation Plan. The
906	transportation goals and policies of the regional planning
907	council will be advisory only and shall be submitted to the
908	department and any affected metropolitan planning organization
909	for their consideration and comments. Metropolitan planning
910	organization plans and other local transportation plans shall be
911	developed consistent, to the maximum extent feasible, with the
912	regional transportation goals and policies. The regional
913	planning council shall review urbanized area transportation
914	plans and any other planning products stipulated in s. 339.175
915	and provide the department and respective metropolitan planning
916	organizations with written recommendations which the department
917	and the metropolitan planning organizations shall take under
918	advisement. Further, the regional planning councils shall
919	directly assist local governments which are not part of a
920	metropolitan area transportation planning process in the
921	development of the transportation element of their comprehensive
922	plans as required by s. 163.3177.
923	(c)  Regional transportation plans may be developed in
924	regional transportation areas in accordance with an interlocal
925	agreement entered into pursuant to s. 163.01 by two or more
926	contiguous metropolitan planning organizations; one or more
927	metropolitan planning organizations and one or more contiguous
928	counties, none of which is a member of a metropolitan planning
929	organization; a multicounty regional transportation authority
930	created by or pursuant to law; two or more contiguous counties
931	that are not members of a metropolitan planning organization; or
932	metropolitan planning organizations comprised of three or more
933	counties.
934	(d)  The interlocal agreement must, at a minimum, identify
935	the entity that will coordinate the development of the regional
936	transportation plan; delineate the boundaries of the regional
937	transportation area; provide the duration of the agreement and
938	specify how the agreement may be terminated, modified, or
939	rescinded; describe the process by which the regional
940	transportation plan will be developed; and provide how members
941	of the entity will resolve disagreements regarding
942	interpretation of the interlocal agreement or disputes relating
943	to the development or content of the regional transportation
944	plan. Such interlocal agreement shall become effective upon its
945	recordation in the official public records of each county in the
946	regional transportation area.
947	(e)  The regional transportation plan developed pursuant to
948	this section must, at a minimum, identify regionally significant
949	transportation facilities located within a regional
950	transportation area and contain a prioritized list of regionally
951	significant projects. The level-of-service standards for
952	facilities to be funded under this subsection shall be adopted
953	by the appropriate local government in accordance with s.
954	163.3180(10). The projects shall be adopted into the capital
955	improvements schedule of the local government comprehensive plan
956	pursuant to s. 163.3177(3).
957	(5)(6)  PROCEDURES FOR PUBLIC PARTICIPATION IN
958	TRANSPORTATION PLANNING.--
959	(a)  During the development of the long-range component of
960	the Florida Transportation Plan and prior to substantive
961	revisions, the department shall provide citizens, affected
962	public agencies, representatives of transportation agency
963	employees, other affected employee representatives, private
964	providers of transportation, and other known interested parties
965	with an opportunity to comment on the proposed plan or
966	revisions. These opportunities shall include, at a minimum,
967	publishing a notice in the Florida Administrative Weekly and
968	within a newspaper of general circulation within the area of
969	each department district office.
970	(b)  During development of major transportation
971	improvements, such as those increasing the capacity of a
972	facility through the addition of new lanes or providing new
973	access to a limited or controlled access facility or
974	construction of a facility in a new location, the department
975	shall hold one or more hearings prior to the selection of the
976	facility to be provided; prior to the selection of the site or
977	corridor of the proposed facility; and prior to the selection of
978	and commitment to a specific design proposal for the proposed
979	facility. Such public hearings shall be conducted so as to
980	provide an opportunity for effective participation by interested
981	persons in the process of transportation planning and site and
982	route selection and in the specific location and design of
983	transportation facilities. The various factors involved in the
984	decision or decisions and any alternative proposals shall be
985	clearly presented so that the persons attending the hearing may
986	present their views relating to the decision or decisions which
987	will be made.
988	(c)  Opportunity for design hearings:
989	1.  The department, prior to holding a design hearing,
990	shall duly notify all affected property owners of record, as
991	recorded in the property appraiser's office, by mail at least 20
992	days prior to the date set for the hearing. The affected
993	property owners shall be:
994	a.  Those whose property lies in whole or in part within
995	300 feet on either side of the centerline of the proposed
996	facility.
997	b.  Those whom the department determines will be
998	substantially affected environmentally, economically, socially,
999	or safetywise.
1000	2.  For each subsequent hearing, the department shall
1001	publish notice prior to the hearing date in a newspaper of
1002	general circulation for the area affected. These notices must be
1003	published twice, with the first notice appearing at least 15
1004	days, but no later than 30 days, before the hearing.
1005	3.  A copy of the notice of opportunity for the hearing
1006	must be furnished to the United States Department of
1007	Transportation and to the appropriate departments of the state
1008	government at the time of publication.
1009	4.  The opportunity for another hearing shall be afforded
1010	in any case when proposed locations or designs are so changed
1011	from those presented in the notices specified above or at a
1012	hearing as to have a substantially different social, economic,
1013	or environmental effect.
1014	5.  The opportunity for a hearing shall be afforded in each
1015	case in which the department is in doubt as to whether a hearing
1016	is required.
1017	Section 17.  Subsections (1) and (3) of section 339.2819,
1018	Florida Statutes, are amended to read:
1019	339.2819  Transportation Regional Incentive Program.--
1020	(1)  There is created within the Department of
1021	Transportation a Transportation Regional Incentive Program for
1022	the purpose of providing funds to improve regionally significant
1023	transportation facilities in regional transportation areas
1024	created pursuant to s. 339.155(4)(5).
1025	(3)  The department shall allocate funding available for
1026	the Transportation Regional Incentive Program to the districts
1027	based on a factor derived from equal parts of population and
1028	motor fuel collections for eligible counties in regional
1029	transportation areas created pursuant to s. 339.155(4)(5).
1030	Section 18.  Subsection (6) of section 339.285, Florida
1031	Statutes, is amended to read:
1032	339.285  Enhanced Bridge Program for Sustainable
1033	Transportation.--
1034	(6)  Preference shall be given to bridge projects located
1035	on corridors that connect to the Strategic Intermodal System,
1036	created under s. 339.64, and that have been identified as
1037	regionally significant in accordance with s. 339.155(4)(5)(c),
1038	(d), and (e).
1039	Section 19.  Subsection (1) of section 479.01, Florida
1040	Statutes, is amended to read:
1041	479.01  Definitions.--As used in this chapter, the term:
1042	(1)  "Automatic changeable facing" means a facing which
1043	through a mechanical system is capable of delivering two or more
1044	advertising messages through an automated or remotely controlled
1045	process and shall not rotate so rapidly as to cause distraction
1046	to a motorist.
1047	Section 20.  Subsections (1) and (5) of section 479.07,
1048	Florida Statutes, are amended to read:
1049	479.07  Sign permits.--
1050	(1)  Except as provided in ss. 479.105(1)(e) and 479.16, a
1051	person may not erect, operate, use, or maintain, or cause to be
1052	erected, operated, used, or maintained, any sign on the State
1053	Highway System outside an urban incorporated area, as defined in
1054	s. 334.03(32), or on any portion of the interstate or federal-
1055	aid primary highway system without first obtaining a permit for
1056	the sign from the department and paying the annual fee as
1057	provided in this section. For purposes of this section, "on any
1058	portion of the State Highway System, interstate, or federal-aid
1059	primary system" shall mean a sign located within the controlled
1060	area which is visible from any portion of the main-traveled way
1061	of such system.
1062	(5)(a)  For each permit issued, the department shall
1063	furnish to the applicant a serially numbered permanent metal
1064	permit tag. The permittee is responsible for maintaining a valid
1065	permit tag on each permitted sign facing at all times. The tag
1066	shall be securely attached to the sign apron at the end nearest
1067	the highway facing or, if there is no apron facing, on the pole
1068	nearest the highway at a point not less than 2 feet or more than
1069	4 feet below the sign facing; and it shall be attached in such a
1070	manner as to be plainly visible from the main-traveled way. For
1071	signs holding valid permits on July 1, 2008, the tag posting
1072	requirement shall be effective July 1, 2010. The permit will
1073	become void unless the permit tag is properly and permanently
1074	displayed at the permitted site within 30 days after the date of
1075	permit issuance. If the permittee fails to erect a completed
1076	sign on the permitted site within 270 days after the date on
1077	which the permit was issued, the permit will be void, and the
1078	department may not issue a new permit to that permittee for the
1079	same location for 270 days after the date on which the permit
1080	became void.
1081	(b)  If a permit tag is lost, stolen, or destroyed, the
1082	permittee to whom the tag was issued must apply to the
1083	department for a replacement tag. The department shall establish
1084	by rule a service fee for replacement tags in an amount that
1085	will recover the actual cost of providing the replacement tag.
1086	Upon receipt of the application accompanied by the a service fee
1087	of $3, the department shall issue a replacement permit tag.
1088	Section 21.  Section 479.08, Florida Statutes, is amended
1089	to read:
1090	479.08  Denial or revocation of permit.--The department has
1091	the authority to deny or revoke any permit requested or granted
1092	under this chapter in any case in which it determines that the
1093	application for the permit contains knowingly false or
1094	misleading information. The department has the authority to
1095	revoke any permit granted under this chapter in any case in
1096	which or that the permittee has violated any of the provisions
1097	of this chapter, unless such permittee, within 30 days after the
1098	receipt of notice by the department, corrects such false or
1099	misleading information and complies with the provisions of this
1100	chapter. Any person aggrieved by any action of the department in
1101	denying or revoking a permit under this chapter may, within 30
1102	days after receipt of the notice, apply to the department for an
1103	administrative hearing pursuant to chapter 120. If a timely
1104	request for hearing has been filed and the department issues a
1105	final order revoking a permit, such revocation shall be
1106	effective 30 days after the date of rendition. Except for
1107	department action pursuant to s. 479.107(1), the filing of a
1108	timely and proper notice of appeal shall operate to stay the
1109	revocation until the department's action is upheld.
1110	Section 22.  Subsection (2) of section 479.11, Florida
1111	Statutes, is amended to read:
1112	479.11  Specified signs prohibited.--No sign shall be
1113	erected, used, operated, or maintained:
1114	(2)  Beyond 660 feet of the nearest edge of the right-of-
1115	way of any portion of the interstate highway system or the
1116	federal-aid primary highway system outside an urban area, if the
1117	advertising message or informative contents of the which sign
1118	are visible from the main traveled way is erected for the
1119	purpose of its message being read from the main-traveled way of
1120	such system, except as provided in ss. 479.111(1) and 479.16.
1121	Section 23.  Subsection (1), subsection (3), subsection
1122	(4), and subsection (5) of section 479.261, Florida Statutes,
1123	are amended to read:
1124	479.261  Logo sign program.--
1125	(1)  The department shall establish a logo sign program for
1126	the rights-of-way of the interstate highway system to provide
1127	information to motorists about available gas, food, lodging, and
1128	camping, attractions, and other services which are approved by
1129	the Federal Highway Administration at interchanges, through the
1130	use of business logos, and may include additional interchanges
1131	under the program. A logo sign for nearby attractions may be
1132	added to this program if allowed by federal rules.
1133	(a)  An attraction as used in this chapter is defined as an
1134	establishment, site, facility, or landmark which is open a
1135	minimum of 5 days a week for 52 weeks a year; which charges an
1136	admission for entry; which has as its principal focus family-
1137	oriented entertainment, cultural, educational, recreational,
1138	scientific, or historical activities; and which is publicly
1139	recognized as a bona fide tourist attraction. However, the
1140	permits for businesses seeking to participate in the attractions
1141	logo sign program shall be awarded by the department annually to
1142	the highest bidders, notwithstanding the limitation on fees in
1143	subsection (5), which are qualified for available space at each
1144	qualified location, but the fees therefor may not be less than
1145	the fees established for logo participants in other logo
1146	categories.
1147	(b)  The department shall incorporate the use of RV-
1148	friendly markers on specific information logo signs for
1149	establishments that cater to the needs of persons driving
1150	recreational vehicles. Establishments that qualify for
1151	participation in the specific information logo program and that
1152	also qualify as "RV-friendly" may request the RV-friendly marker
1153	on their specific information logo sign. An RV-friendly marker
1154	must consist of a design approved by the Federal Highway
1155	Administration. The department shall adopt rules in accordance
1156	with chapter 120 to administer this paragraph, including rules
1157	setting forth the minimum requirements that establishments must
1158	meet in order to qualify as RV-friendly. These requirements
1159	shall include large parking spaces, entrances, and exits that
1160	can easily accommodate recreational vehicles and facilities
1161	having appropriate overhead clearances, if applicable.
1162	(c)  The department is authorized to implement by rule a
1163	rotation-based logo program providing for the removal and
1164	addition of participating businesses in the program.
1165	(3)  Logo signs may be installed upon the issuance of an
1166	annual permit by the department or its agent and payment of a an
1167	application and permit fee to the department or its agent.
1168	(4)  The department may contract pursuant to s. 287.057 for
1169	the provision of services related to the logo sign program,
1170	including recruitment and qualification of businesses, review of
1171	applications, permit issuance, and fabrication, installation,
1172	and maintenance of logo signs. The department may reject all
1173	proposals and seek another request for proposals or otherwise
1174	perform the work. If the department contracts for the provision
1175	of services for the logo sign program, the contract must
1176	require, unless the business owner declines, that businesses
1177	that previously entered into agreements with the department to
1178	privately fund logo sign construction and installation be
1179	reimbursed by the contractor for the cost of the signs which has
1180	not been recovered through a previously agreed upon waiver of
1181	fees. The contract also may allow the contractor to retain a
1182	portion of the annual fees as compensation for its services.
1183	(5)  Permit fees for businesses that participate in the
1184	logo program must be established in an amount not less than that
1185	sufficient to offset the total cost to the department for the
1186	program, including contract costs. The department shall provide
1187	the services in the most efficient and cost-effective manner
1188	through department staff or by contracting for some or all of
1189	the services. Such annual permit fee shall not exceed $1,250.
1190	Annual permit fees not to exceed $3,000 shall be set by
1191	department rule based upon factors such as population, traffic
1192	volume, market demand, and costs. The annual permit fees shall
1193	be phased in by rule over a 4-year period of time.
1194	Section 24.  For the purpose of incorporating the amendment
1195	made by this act to section 316.193, Florida Statutes, in a
1196	reference thereto, paragraph (a) of subsection (3) of section
1197	316.066, Florida Statutes, is reenacted to read:
1198	316.066  Written reports of crashes.--
1199	(3)(a)  Every law enforcement officer who in the regular
1200	course of duty investigates a motor vehicle crash:
1201	1.  Which crash resulted in death or personal injury shall,
1202	within 10 days after completing the investigation, forward a
1203	written report of the crash to the department or traffic records
1204	center.
1205	2.  Which crash involved a violation of s. 316.061(1) or s.
1206	316.193 shall, within 10 days after completing the
1207	investigation, forward a written report of the crash to the
1208	department or traffic records center.
1209	3.  In which crash a vehicle was rendered inoperative to a
1210	degree which required a wrecker to remove it from traffic may,
1211	within 10 days after completing the investigation, forward a
1212	written report of the crash to the department or traffic records
1213	center if such action is appropriate, in the officer's
1214	discretion.
1215	Section 25.  For the purpose of incorporating the amendment
1216	made by this act to section 316.193, Florida Statutes, in a
1217	reference thereto, paragraph (b) of subsection (4) of section
1218	316.072, Florida Statutes, is reenacted to read:
1219	316.072  Obedience to and effect of traffic laws.--
1220	(4)  PUBLIC OFFICERS AND EMPLOYEES TO OBEY CHAPTER;
1221	EXCEPTIONS.--
1222	(b)  Unless specifically made applicable, the provisions of
1223	this chapter, except those contained in ss. 316.192, 316.1925,
1224	and 316.193, shall not apply to persons, teams, or motor
1225	vehicles and other equipment while actually engaged in work upon
1226	the surface of a highway, but shall apply to such persons and
1227	vehicles when traveling to or from such work.
1228	Section 26.  For the purpose of incorporating the amendment
1229	made by this act to section 316.193, Florida Statutes, in a
1230	reference thereto, subsection (3) of section 316.1932, Florida
1231	Statutes, is reenacted to read:
1232	316.1932  Tests for alcohol, chemical substances, or
1233	controlled substances; implied consent; refusal.--
1234	(3)  Notwithstanding any provision of law pertaining to the
1235	confidentiality of hospital records or other medical records,
1236	information relating to the alcoholic content of the blood or
1237	breath or the presence of chemical substances or controlled
1238	substances in the blood obtained pursuant to this section shall
1239	be released to a court, prosecuting attorney, defense attorney,
1240	or law enforcement officer in connection with an alleged
1241	violation of s. 316.193 upon request for such information.
1242	Section 27.  For the purpose of incorporating the amendment
1243	made by this act to section 316.193, Florida Statutes, in a
1244	reference thereto, subsection (4) of section 316.1933, Florida
1245	Statutes, is reenacted to read:
1246	316.1933  Blood test for impairment or intoxication in
1247	cases of death or serious bodily injury; right to use reasonable
1248	force.--
1249	(4)  Notwithstanding any provision of law pertaining to the
1250	confidentiality of hospital records or other medical records,
1251	information relating to the alcoholic content of the blood or
1252	the presence of chemical substances or controlled substances in
1253	the blood obtained pursuant to this section shall be released to
1254	a court, prosecuting attorney, defense attorney, or law
1255	enforcement officer in connection with an alleged violation of
1256	s. 316.193 upon request for such information.
1257	Section 28.  For the purpose of incorporating the amendment
1258	made by this act to section 316.193, Florida Statutes, in
1259	references thereto, subsection (1) and paragraph (d) of
1260	subsection (2) of section 316.1937, Florida Statutes, are
1261	reenacted to read:
1262	316.1937  Ignition interlock devices, requiring; unlawful
1263	acts.--
1264	(1)  In addition to any other authorized penalties, the
1265	court may require that any person who is convicted of driving
1266	under the influence in violation of s. 316.193 shall not operate
1267	a motor vehicle unless that vehicle is equipped with a
1268	functioning ignition interlock device certified by the
1269	department as provided in s. 316.1938, and installed in such a
1270	manner that the vehicle will not start if the operator's blood
1271	alcohol level is in excess of 0.05 percent or as otherwise
1272	specified by the court. The court may require the use of an
1273	approved ignition interlock device for a period of not less than
1274	6 months, if the person is permitted to operate a motor vehicle,
1275	whether or not the privilege to operate a motor vehicle is
1276	restricted, as determined by the court. The court, however,
1277	shall order placement of an ignition interlock device in those
1278	circumstances required by s. 316.193.
1279	(2)  If the court imposes the use of an ignition interlock
1280	device, the court shall:
1281	(d)  Determine the person's ability to pay for installation
1282	of the device if the person claims inability to pay. If the
1283	court determines that the person is unable to pay for
1284	installation of the device, the court may order that any portion
1285	of a fine paid by the person for a violation of s. 316.193 shall
1286	be allocated to defray the costs of installing the device.
1287	Section 29.  For the purpose of incorporating the amendment
1288	made by this act to section 316.193, Florida Statutes, in a
1289	reference thereto, paragraph (b) of subsection (1) of section
1290	316.1939, Florida Statutes, is reenacted to read:
1291	316.1939  Refusal to submit to testing; penalties.--
1292	(1)  Any person who has refused to submit to a chemical or
1293	physical test of his or her breath, blood, or urine, as
1294	described in s. 316.1932, and whose driving privilege was
1295	previously suspended for a prior refusal to submit to a lawful
1296	test of his or her breath, urine, or blood, and:
1297	(b)  Who was placed under lawful arrest for a violation of
1298	s. 316.193 unless such test was requested pursuant to s.
1299	316.1932(1)(c);
1300
1301	commits a misdemeanor of the first degree and is subject to
1302	punishment as provided in s. 775.082 or s. 775.083.
1303	Section 30.  For the purpose of incorporating the amendment
1304	made by this act to section 316.193, Florida Statutes, in a
1305	reference thereto, subsection (1) of section 316.656, Florida
1306	Statutes, is reenacted to read:
1307	316.656  Mandatory adjudication; prohibition against
1308	accepting plea to lesser included offense.--
1309	(1)  Notwithstanding the provisions of s. 948.01, no court
1310	may suspend, defer, or withhold adjudication of guilt or
1311	imposition of sentence for any violation of s. 316.193, for
1312	manslaughter resulting from the operation of a motor vehicle, or
1313	for vehicular homicide.
1314	Section 31.  For the purpose of incorporating the amendment
1315	made by this act to section 316.193, Florida Statutes, in
1316	references thereto, subsections (4) and (5) of section 318.143,
1317	Florida Statutes, are reenacted to read:
1318	318.143  Sanctions for infractions by minors.--
1319	(4)  For the first conviction for a violation of s.
1320	316.193, the court may order the Department of Highway Safety
1321	and Motor Vehicles to revoke the minor's driver's license until
1322	the minor is 18 years of age. For a second or subsequent
1323	conviction for such a violation, the court may order the
1324	Department of Highway Safety and Motor Vehicles to revoke the
1325	minor's driver's license until the minor is 21 years of age.
1326	(5)  A minor who is arrested for a violation of s. 316.193
1327	may be released from custody as soon as:
1328	(a)  The minor is no longer under the influence of
1329	alcoholic beverages, of any chemical substance set forth in s.
1330	877.111, or of any substance controlled under chapter 893, and
1331	is not affected to the extent that his or her normal faculties
1332	are impaired;
1333	(b)  The minor's blood-alcohol level is less than 0.05
1334	percent; or
1335	(c)  Six hours have elapsed after the minor's arrest.
1336	Section 32.  For the purpose of incorporating the amendment
1337	made by this act to section 316.193, Florida Statutes, in a
1338	reference thereto, subsection (3) of section 318.17, Florida
1339	Statutes, is reenacted to read:
1340	318.17  Offenses excepted.--No provision of this chapter is
1341	available to a person who is charged with any of the following
1342	offenses:
1343	(3)  Driving, or being in actual physical control of, any
1344	vehicle while under the influence of alcoholic beverages, any
1345	chemical substance set forth in s. 877.111, or any substance
1346	controlled under chapter 893, in violation of s. 316.193, or
1347	driving with an unlawful blood-alcohol level;
1348	Section 33.  For the purpose of incorporating the amendment
1349	made by this act to section 316.193, Florida Statutes, in a
1350	reference thereto, paragraph (c) of subsection (1) of section
1351	320.055, Florida Statutes, is reenacted to read:
1352	320.055  Registration periods; renewal periods.--The
1353	following registration periods and renewal periods are
1354	established:
1355	(1)
1356	(c)  Notwithstanding the requirements of paragraph (a), the
1357	owner of a motor vehicle subject to paragraph (a) who has had
1358	his or her driver's license suspended pursuant to a violation of
1359	s. 316.193 or pursuant to s. 322.26(2) for driving under the
1360	influence must obtain a 6-month registration as a condition of
1361	reinstating the license, subject to renewal during the 3-year
1362	period that financial responsibility requirements apply. The
1363	registration period begins the first day of the birth month of
1364	the owner and ends the last day of the fifth month immediately
1365	following the owner's birth month. For such vehicles, the
1366	department shall issue a vehicle registration certificate that
1367	is valid for 6 months and shall issue a validation sticker that
1368	displays an expiration date of 6 months after the date of
1369	issuance. The license tax required by s. 320.08 and all other
1370	applicable license taxes shall be one-half of the amount
1371	otherwise required, except the service charge required by s.
1372	320.04 shall be paid in full for each 6-month registration. A
1373	vehicle required to be registered under this paragraph is not
1374	eligible for the extended registration period under paragraph
1375	(b).
1376	Section 34.  For the purpose of incorporating the amendment
1377	made by this act to section 316.193, Florida Statutes, in a
1378	reference thereto, subsection (2) of section 322.03, Florida
1379	Statutes, is reenacted to read:
1380	322.03  Drivers must be licensed; penalties.--
1381	(2)  Prior to issuing a driver's license, the department
1382	shall require any person who has been convicted two or more
1383	times of a violation of s. 316.193 or of a substantially similar
1384	alcohol-related or drug-related offense outside this state
1385	within the preceding 5 years, or who has been convicted of three
1386	or more such offenses within the preceding 10 years, to present
1387	proof of successful completion of or enrollment in a department-
1388	approved substance abuse education course. If the person fails
1389	to complete such education course within 90 days after issuance,
1390	the department shall cancel the license. Further, prior to
1391	issuing the driver's license the department shall require such
1392	person to present proof of financial responsibility as provided
1393	in s. 324.031. For the purposes of this paragraph, a previous
1394	conviction for violation of former s. 316.028, former s.
1395	316.1931, or former s. 860.01 shall be considered a previous
1396	conviction for violation of s. 316.193.
1397	Section 35.  For the purpose of incorporating the amendment
1398	made by this act to section 316.193, Florida Statutes, in a
1399	reference thereto, paragraph (a) of subsection (2) of section
1400	322.0602, Florida Statutes, is reenacted to read:
1401	322.0602  Youthful Drunk Driver Visitation Program.--
1402	(2)  COURT-ORDERED PARTICIPATION IN PROGRAM; PREFERENCE FOR
1403	PARTICIPATION.--
1404	(a)  If a person is convicted of a violation of s. 316.193,
1405	the court may order, as a term and condition of probation in
1406	addition to any other term or condition required or authorized
1407	by law, that the probationer participate in the Youthful Drunk
1408	Driver Visitation Program.
1409	Section 36.  For the purpose of incorporating the amendment
1410	made by this act to section 316.193, Florida Statutes, in a
1411	reference thereto, subsection (8) of section 322.21, Florida
1412	Statutes, is reenacted to read:
1413	322.21  License fees; procedure for handling and collecting
1414	fees.--
1415	(8)  Any person who applies for reinstatement following the
1416	suspension or revocation of the person's driver's license shall
1417	pay a service fee of $35 following a suspension, and $60
1418	following a revocation, which is in addition to the fee for a
1419	license. Any person who applies for reinstatement of a
1420	commercial driver's license following the disqualification of
1421	the person's privilege to operate a commercial motor vehicle
1422	shall pay a service fee of $60, which is in addition to the fee
1423	for a license. The department shall collect all of these fees at
1424	the time of reinstatement. The department shall issue proper
1425	receipts for such fees and shall promptly transmit all funds
1426	received by it as follows:
1427	(a)  Of the $35 fee received from a licensee for
1428	reinstatement following a suspension, the department shall
1429	deposit $15 in the General Revenue Fund and $20 in the Highway
1430	Safety Operating Trust Fund.
1431	(b)  Of the $60 fee received from a licensee for
1432	reinstatement following a revocation or disqualification, the
1433	department shall deposit $35 in the General Revenue Fund and $25
1434	in the Highway Safety Operating Trust Fund.
1435
1436	If the revocation or suspension of the driver's license was for
1437	a violation of s. 316.193, or for refusal to submit to a lawful
1438	breath, blood, or urine test, an additional fee of $115 must be
1439	charged. However, only one $115 fee may be collected from one
1440	person convicted of violations arising out of the same incident.
1441	The department shall collect the $115 fee and deposit the fee
1442	into the Highway Safety Operating Trust Fund at the time of
1443	reinstatement of the person's driver's license, but the fee may
1444	not be collected if the suspension or revocation is overturned.
1445	If the revocation or suspension of the driver's license was for
1446	a conviction for a violation of s. 817.234(8) or (9) or s.
1447	817.505, an additional fee of $180 is imposed for each offense.
1448	The department shall collect and deposit the additional fee into
1449	the Highway Safety Operating Trust Fund at the time of
1450	reinstatement of the person's driver's license.
1451	Section 37.  For the purpose of incorporating the amendment
1452	made by this act to section 316.193, Florida Statutes, in a
1453	reference thereto, subsection (5) of section 322.25, Florida
1454	Statutes, is reenacted to read:
1455	322.25  When court to forward license to department and
1456	report convictions; temporary reinstatement of driving
1457	privileges.--
1458	(5)  For the purpose of this chapter, the entrance of a
1459	plea of nolo contendere by the defendant to a charge of driving
1460	while intoxicated, driving under the influence, driving with an
1461	unlawful blood-alcohol level, or any other alcohol-related or
1462	drug-related traffic offense similar to the offenses specified
1463	in s. 316.193, accepted by the court and under which plea the
1464	court has entered a fine or sentence, whether in this state or
1465	any other state or country, shall be equivalent to a conviction.
1466	Section 38.  For the purpose of incorporating the amendment
1467	made by this act to section 316.193, Florida Statutes, in a
1468	reference thereto, paragraph (a) of subsection (1) of section
1469	322.26, Florida Statutes, is reenacted to read:
1470	322.26  Mandatory revocation of license by department.--The
1471	department shall forthwith revoke the license or driving
1472	privilege of any person upon receiving a record of such person's
1473	conviction of any of the following offenses:
1474	(1)(a)  Murder resulting from the operation of a motor
1475	vehicle, DUI manslaughter where the conviction represents a
1476	subsequent DUI-related conviction, or a fourth violation of s.
1477	316.193 or former s. 316.1931. For such cases, the revocation of
1478	the driver's license or driving privilege shall be permanent.
1479	Section 39.  For the purpose of incorporating the amendment
1480	made by this act to section 316.193, Florida Statutes, in
1481	references thereto, paragraph (a) of subsection (14) and
1482	subsection (16) of section 322.2615, Florida Statutes, are
1483	reenacted to read:
1484	322.2615  Suspension of license; right to review.--
1485	(14)(a)  The decision of the department under this section
1486	or any circuit court review thereof may not be considered in any
1487	trial for a violation of s. 316.193, and a written statement
1488	submitted by a person in his or her request for departmental
1489	review under this section may not be admitted into evidence
1490	against him or her in any such trial.
1491	(16)  The department shall invalidate a suspension for
1492	driving with an unlawful blood-alcohol level or breath-alcohol
1493	level imposed under this section if the suspended person is
1494	found not guilty at trial of an underlying violation of s.
1495	316.193.
1496	Section 40.  For the purpose of incorporating the amendment
1497	made by this act to section 316.193, Florida Statutes, in
1498	references thereto, subsections (15) and (19) of section
1499	322.2616, Florida Statutes, are reenacted to read:
1500	322.2616  Suspension of license; persons under 21 years of
1501	age; right to review.--
1502	(15)  The decision of the department under this section
1503	shall not be considered in any trial for a violation of s.
1504	316.193, nor shall any written statement submitted by a person
1505	in his or her request for departmental review under this section
1506	be admissible into evidence against him or her in any such
1507	trial. The disposition of any related criminal proceedings shall
1508	not affect a suspension imposed under this section.
1509	(19)  A violation of this section is neither a traffic
1510	infraction nor a criminal offense, nor does being detained
1511	pursuant to this section constitute an arrest. A violation of
1512	this section is subject to the administrative action provisions
1513	of this section, which are administered by the department
1514	through its administrative processes. Administrative actions
1515	taken pursuant to this section shall be recorded in the motor
1516	vehicle records maintained by the department. This section does
1517	not bar prosecution under s. 316.193. However, if the department
1518	suspends a person's license under s. 322.2615 for a violation of
1519	s. 316.193, it may not also suspend the person's license under
1520	this section for the same episode that was the basis for the
1521	suspension under s. 322.2615.
1522	Section 41.  For the purpose of incorporating the amendment
1523	made by this act to section 316.193, Florida Statutes, in a
1524	reference thereto, paragraph (b) of subsection (1) of section
1525	322.264, Florida Statutes, is reenacted to read:
1526	322.264  "Habitual traffic offender" defined.--A "habitual
1527	traffic offender" is any person whose record, as maintained by
1528	the Department of Highway Safety and Motor Vehicles, shows that
1529	such person has accumulated the specified number of convictions
1530	for offenses described in subsection (1) or subsection (2)
1531	within a 5-year period:
1532	(1)  Three or more convictions of any one or more of the
1533	following offenses arising out of separate acts:
1534	(b)  Any violation of s. 316.193, former s. 316.1931, or
1535	former s. 860.01;
1536
1537	Any violation of any federal law, any law of another state or
1538	country, or any valid ordinance of a municipality or county of
1539	another state similar to a statutory prohibition specified in
1540	subsection (1) or subsection (2) shall be counted as a violation
1541	of such prohibition. In computing the number of convictions, all
1542	convictions during the 5 years previous to July 1, 1972, will be
1543	used, provided at least one conviction occurs after that date.
1544	The fact that previous convictions may have resulted in
1545	suspension, revocation, or disqualification under another
1546	section does not exempt them from being used for suspension or
1547	revocation under this section as a habitual offender.
1548	Section 42.  For the purpose of incorporating the amendment
1549	made by this act to section 316.193, Florida Statutes, in
1550	references thereto, paragraphs (a) and (c) of subsection (2) and
1551	subsection (4) of section 322.271, Florida Statutes, are
1552	reenacted to read:
1553	322.271  Authority to modify revocation, cancellation, or
1554	suspension order.--
1555	(2)(a)  Upon such hearing, the person whose license has
1556	been suspended, canceled, or revoked may show that such
1557	suspension, cancellation, or revocation of his or her license
1558	causes a serious hardship and precludes the person's carrying
1559	out his or her normal business occupation, trade, or employment
1560	and that the use of the person's license in the normal course of
1561	his or her business is necessary to the proper support of the
1562	person or his or her family. Except as otherwise provided in
1563	this subsection, the department shall require proof of the
1564	successful completion of the applicable department-approved
1565	driver training course operating pursuant to s. 318.1451 or DUI
1566	program substance abuse education course and evaluation as
1567	provided in s. 316.193(5). Letters of recommendation from
1568	respected business persons in the community, law enforcement
1569	officers, or judicial officers may also be required to determine
1570	whether such person should be permitted to operate a motor
1571	vehicle on a restricted basis for business or employment use
1572	only and in determining whether such person can be trusted to so
1573	operate a motor vehicle. If a driver's license has been
1574	suspended under the point system or pursuant to s. 322.2615, the
1575	department shall require proof of enrollment in the applicable
1576	department-approved driver training course or licensed DUI
1577	program substance abuse education course, including evaluation
1578	and treatment, if referred, and may require letters of
1579	recommendation described in this subsection to determine if the
1580	driver should be reinstated on a restricted basis. If such
1581	person fails to complete the approved course within 90 days
1582	after reinstatement or subsequently fails to complete treatment,
1583	if applicable, the department shall cancel his or her driver's
1584	license until the course and treatment, if applicable, is
1585	successfully completed, notwithstanding the terms of the court
1586	order or any suspension or revocation of the driving privilege.
1587	The department may temporarily reinstate the driving privilege
1588	on a restricted basis upon verification from the DUI program
1589	that the offender has reentered and is currently participating
1590	in treatment and has completed the DUI education course and
1591	evaluation requirement. If the DUI program notifies the
1592	department of the second failure to complete treatment, the
1593	department shall reinstate the driving privilege only after
1594	notice of completion of treatment from the DUI program. The
1595	privilege of driving on a limited or restricted basis for
1596	business or employment use shall not be granted to a person who
1597	has been convicted of a violation of s. 316.193 until completion
1598	of the DUI program substance abuse education course and
1599	evaluations as provided in s. 316.193(5). Except as provided in
1600	paragraph (b), the privilege of driving on a limited or
1601	restricted basis for business or employment use shall not be
1602	granted to a person whose license is revoked pursuant to s.
1603	322.28 or suspended pursuant to s. 322.2615 and who has been
1604	convicted of a violation of s. 316.193 two or more times or
1605	whose license has been suspended two or more times for refusal
1606	to submit to a test pursuant to s. 322.2615 or former s.
1607	322.261.
1608	(c)  For the purpose of this section, a previous conviction
1609	of driving under the influence, driving while intoxicated,
1610	driving with an unlawful blood-alcohol level, or any other
1611	similar alcohol-related or drug-related offense outside this
1612	state or a previous conviction of former s. 316.1931, former s.
1613	316.028, or former s. 860.01 shall be considered a previous
1614	conviction for violation of s. 316.193.
1615	(4)  Notwithstanding the provisions of s. 322.28(2)(e), a
1616	person whose driving privilege has been permanently revoked
1617	because he or she has been convicted of DUI manslaughter in
1618	violation of s. 316.193 and has no prior convictions for DUI-
1619	related offenses may, upon the expiration of 5 years after the
1620	date of such revocation or the expiration of 5 years after the
1621	termination of any term of incarceration under s. 316.193 or
1622	former s. 316.1931, whichever date is later, petition the
1623	department for reinstatement of his or her driving privilege.
1624	(a)  Within 30 days after the receipt of such a petition,
1625	the department shall afford the petitioner an opportunity for a
1626	hearing. At the hearing, the petitioner must demonstrate to the
1627	department that he or she:
1628	1.  Has not been arrested for a drug-related offense during
1629	the 5 years preceding the filing of the petition;
1630	2.  Has not driven a motor vehicle without a license for at
1631	least 5 years prior to the hearing;
1632	3.  Has been drug-free for at least 5 years prior to the
1633	hearing; and
1634	4.  Has completed a DUI program licensed by the department.
1635	(b)  At such hearing, the department shall determine the
1636	petitioner's qualification, fitness, and need to drive. Upon
1637	such determination, the department may, in its discretion,
1638	reinstate the driver's license of the petitioner. Such
1639	reinstatement must be made subject to the following
1640	qualifications:
1641	1.  The license must be restricted for employment purposes
1642	for not less than 1 year; and
1643	2.  Such person must be supervised by a DUI program
1644	licensed by the department and report to the program for such
1645	supervision and education at least four times a year or
1646	additionally as required by the program for the remainder of the
1647	revocation period. Such supervision shall include evaluation,
1648	education, referral into treatment, and other activities
1649	required by the department.
1650	(c)  Such person must assume the reasonable costs of
1651	supervision. If such person fails to comply with the required
1652	supervision, the program shall report the failure to the
1653	department, and the department shall cancel such person's
1654	driving privilege.
1655	(d)  If, after reinstatement, such person is convicted of
1656	an offense for which mandatory revocation of his or her license
1657	is required, the department shall revoke his or her driving
1658	privilege.
1659	(e)  The department shall adopt rules regulating the
1660	providing of services by DUI programs pursuant to this section.
1661	Section 43.  For the purpose of incorporating the amendment
1662	made by this act to section 316.193, Florida Statutes, in
1663	references thereto, subsection (2), paragraphs (a) and (c) of
1664	subsection (3), and subsection (4) of section 322.2715, Florida
1665	Statutes, are reenacted to read:
1666	322.2715  Ignition interlock device.--
1667	(2)  For purposes of this section, any conviction for a
1668	violation of s. 316.193, a previous conviction for a violation
1669	of former s. 316.1931, or a conviction outside this state for
1670	driving under the influence, driving while intoxicated, driving
1671	with an unlawful blood-alcohol level, or any other similar
1672	alcohol-related or drug-related traffic offense is a conviction
1673	of driving under the influence.
1674	(3)  If the person is convicted of:
1675	(a)  A first offense of driving under the influence under
1676	s. 316.193 and has an unlawful blood-alcohol level or breath-
1677	alcohol level as specified in s. 316.193(4), or if a person is
1678	convicted of a violation of s. 316.193 and was at the time of
1679	the offense accompanied in the vehicle by a person younger than
1680	18 years of age, the person shall have the ignition interlock
1681	device installed for 6 months for the first offense and for at
1682	least 2 years for a second offense.
1683	(c)  A third offense of driving under the influence which
1684	occurs within 10 years after a prior conviction for a violation
1685	of s. 316.193, the ignition interlock device shall be installed
1686	for a period of not less than 2 years.
1687	(4)  If the court fails to order the mandatory placement of
1688	the ignition interlock device or fails to order for the
1689	applicable period the mandatory placement of an ignition
1690	interlock device under s. 316.193 or s. 316.1937 at the time of
1691	imposing sentence or within 30 days thereafter, the department
1692	shall immediately require that the ignition interlock device be
1693	installed as provided in this section, except that consideration
1694	may be given to those individuals having a documented medical
1695	condition that would prohibit the device from functioning
1696	normally. This subsection applies to the reinstatement of the
1697	driving privilege following a revocation, suspension, or
1698	cancellation that is based upon a conviction for the offense of
1699	driving under the influence which occurs on or after July 1,
1700	2005.
1701	Section 44.  For the purpose of incorporating the amendment
1702	made by this act to section 316.193, Florida Statutes, in a
1703	reference thereto, subsection (2) of section 322.28, Florida
1704	Statutes, is reenacted to read:
1705	322.28  Period of suspension or revocation.--
1706	(2)  In a prosecution for a violation of s. 316.193 or
1707	former s. 316.1931, the following provisions apply:
1708	(a)  Upon conviction of the driver, the court, along with
1709	imposing sentence, shall revoke the driver's license or driving
1710	privilege of the person so convicted, effective on the date of
1711	conviction, and shall prescribe the period of such revocation in
1712	accordance with the following provisions:
1713	1.  Upon a first conviction for a violation of the
1714	provisions of s. 316.193, except a violation resulting in death,
1715	the driver's license or driving privilege shall be revoked for
1716	not less than 180 days or more than 1 year.
1717	2.  Upon a second conviction for an offense that occurs
1718	within a period of 5 years after the date of a prior conviction
1719	for a violation of the provisions of s. 316.193 or former s.
1720	316.1931 or a combination of such sections, the driver's license
1721	or driving privilege shall be revoked for not less than 5 years.
1722	3.  Upon a third conviction for an offense that occurs
1723	within a period of 10 years after the date of a prior conviction
1724	for the violation of the provisions of s. 316.193 or former s.
1725	316.1931 or a combination of such sections, the driver's license
1726	or driving privilege shall be revoked for not less than 10
1727	years.
1728
1729	For the purposes of this paragraph, a previous conviction
1730	outside this state for driving under the influence, driving
1731	while intoxicated, driving with an unlawful blood-alcohol level,
1732	or any other alcohol-related or drug-related traffic offense
1733	similar to the offense of driving under the influence as
1734	proscribed by s. 316.193 will be considered a previous
1735	conviction for violation of s. 316.193, and a conviction for
1736	violation of former s. 316.028, former s. 316.1931, or former s.
1737	860.01 is considered a conviction for violation of s. 316.193.
1738	(b)  If the period of revocation was not specified by the
1739	court at the time of imposing sentence or within 30 days
1740	thereafter, and is not otherwise specified by law, the
1741	department shall forthwith revoke the driver's license or
1742	driving privilege for the maximum period applicable under
1743	paragraph (a) for a first conviction and for the minimum period
1744	applicable under paragraph (a) for any subsequent convictions.
1745	The driver may, within 30 days after such revocation by the
1746	department, petition the court for further hearing on the period
1747	of revocation, and the court may reopen the case and determine
1748	the period of revocation within the limits specified in
1749	paragraph (a).
1750	(c)  The forfeiture of bail bond, not vacated within 20
1751	days, in any prosecution for the offense of driving while under
1752	the influence of alcoholic beverages, chemical substances, or
1753	controlled substances to the extent of depriving the defendant
1754	of his or her normal faculties shall be deemed equivalent to a
1755	conviction for the purposes of this paragraph, and the
1756	department shall forthwith revoke the defendant's driver's
1757	license or driving privilege for the maximum period applicable
1758	under paragraph (a) for a first conviction and for the minimum
1759	period applicable under paragraph (a) for a second or subsequent
1760	conviction; however, if the defendant is later convicted of the
1761	charge, the period of revocation imposed by the department for
1762	such conviction shall not exceed the difference between the
1763	applicable maximum for a first conviction or minimum for a
1764	second or subsequent conviction and the revocation period under
1765	this subsection that has actually elapsed; upon conviction of
1766	such charge, the court may impose revocation for a period of
1767	time as specified in paragraph (a). This paragraph does not
1768	apply if an appropriate motion contesting the forfeiture is
1769	filed within the 20-day period.
1770	(d)  When any driver's license or driving privilege has
1771	been revoked pursuant to the provisions of this section, the
1772	department shall not grant a new license, except upon
1773	reexamination of the licensee after the expiration of the period
1774	of revocation so prescribed. However, the court may, in its
1775	sound discretion, issue an order of reinstatement on a form
1776	furnished by the department which the person may take to any
1777	driver's license examining office for reinstatement by the
1778	department pursuant to s. 322.282.
1779	(e)  The court shall permanently revoke the driver's
1780	license or driving privilege of a person who has been convicted
1781	four times for violation of s. 316.193 or former s. 316.1931 or
1782	a combination of such sections. The court shall permanently
1783	revoke the driver's license or driving privilege of any person
1784	who has been convicted of DUI manslaughter in violation of s.
1785	316.193. If the court has not permanently revoked such driver's
1786	license or driving privilege within 30 days after imposing
1787	sentence, the department shall permanently revoke the driver's
1788	license or driving privilege pursuant to this paragraph. No
1789	driver's license or driving privilege may be issued or granted
1790	to any such person. This paragraph applies only if at least one
1791	of the convictions for violation of s. 316.193 or former s.
1792	316.1931 was for a violation that occurred after July 1, 1982.
1793	For the purposes of this paragraph, a conviction for violation
1794	of former s. 316.028, former s. 316.1931, or former s. 860.01 is
1795	also considered a conviction for violation of s. 316.193. Also,
1796	a conviction of driving under the influence, driving while
1797	intoxicated, driving with an unlawful blood-alcohol level, or
1798	any other similar alcohol-related or drug-related traffic
1799	offense outside this state is considered a conviction for the
1800	purposes of this paragraph.
1801	Section 45.  For the purpose of incorporating the amendment
1802	made by this act to section 316.193, Florida Statutes, in
1803	references thereto, paragraph (a) of subsection (2) of section
1804	322.282, Florida Statutes, is reenacted to read:
1805	322.282  Procedure when court revokes or suspends license
1806	or driving privilege and orders reinstatement.--When a court
1807	suspends or revokes a person's license or driving privilege and,
1808	in its discretion, orders reinstatement as provided by s.
1809	322.28(2)(d) or former s. 322.261(5):
1810	(2)(a)  The court shall issue an order of reinstatement, on
1811	a form to be furnished by the department, which the person may
1812	take to any driver's license examining office. The department
1813	shall issue a temporary driver's permit to a licensee who
1814	presents the court's order of reinstatement, proof of completion
1815	of a department-approved driver training or substance abuse
1816	education course, and a written request for a hearing under s.
1817	322.271. The permit shall not be issued if a record check by the
1818	department shows that the person has previously been convicted
1819	for a violation of s. 316.193, former s. 316.1931, former s.
1820	316.028, former s. 860.01, or a previous conviction outside this
1821	state for driving under the influence, driving while
1822	intoxicated, driving with an unlawful blood-alcohol level, or
1823	any similar alcohol-related or drug-related traffic offense;
1824	that the person's driving privilege has been previously
1825	suspended for refusal to submit to a lawful test of breath,
1826	blood, or urine; or that the person is otherwise not entitled to
1827	issuance of a driver's license. This paragraph shall not be
1828	construed to prevent the reinstatement of a license or driving
1829	privilege that is presently suspended for driving with an
1830	unlawful blood-alcohol level or a refusal to submit to a breath,
1831	urine, or blood test and is also revoked for a conviction for a
1832	violation of s. 316.193 or former s. 316.1931, if the suspension
1833	and revocation arise out of the same incident.
1834	Section 46.  For the purpose of incorporating the amendment
1835	made by this act to section 316.193, Florida Statutes, in a
1836	reference thereto, paragraph (a) of subsection (1) of section
1837	322.291, Florida Statutes, is reenacted to read:
1838	322.291  Driver improvement schools or DUI programs;
1839	required in certain suspension and revocation cases.--Except as
1840	provided in s. 322.03(2), any person:
1841	(1)  Whose driving privilege has been revoked:
1842	(a)  Upon conviction for:
1843	1.  Driving, or being in actual physical control of, any
1844	vehicle while under the influence of alcoholic beverages, any
1845	chemical substance set forth in s. 877.111, or any substance
1846	controlled under chapter 893, in violation of s. 316.193;
1847	2.  Driving with an unlawful blood- or breath-alcohol
1848	level;
1849	3.  Manslaughter resulting from the operation of a motor
1850	vehicle;
1851	4.  Failure to stop and render aid as required under the
1852	laws of this state in the event of a motor vehicle crash
1853	resulting in the death or personal injury of another;
1854	5.  Reckless driving; or
1855
1856	shall, before the driving privilege may be reinstated, present
1857	to the department proof of enrollment in a department-approved
1858	advanced driver improvement course operating pursuant to s.
1859	318.1451 or a substance abuse education course conducted by a
1860	DUI program licensed pursuant to s. 322.292, which shall include
1861	a psychosocial evaluation and treatment, if referred. If the
1862	person fails to complete such course or evaluation within 90
1863	days after reinstatement, or subsequently fails to complete
1864	treatment, if referred, the DUI program shall notify the
1865	department of the failure. Upon receipt of the notice, the
1866	department shall cancel the offender's driving privilege,
1867	notwithstanding the expiration of the suspension or revocation
1868	of the driving privilege. The department may temporarily
1869	reinstate the driving privilege upon verification from the DUI
1870	program that the offender has completed the education course and
1871	evaluation requirement and has reentered and is currently
1872	participating in treatment. If the DUI program notifies the
1873	department of the second failure to complete treatment, the
1874	department shall reinstate the driving privilege only after
1875	notice of completion of treatment from the DUI program.
1876	Section 47.  For the purpose of incorporating the amendment
1877	made by this act to section 316.193, Florida Statutes, in a
1878	reference thereto, paragraph (a) of subsection (9) of section
1879	322.34, Florida Statutes, is reenacted to read:
1880	322.34  Driving while license suspended, revoked, canceled,
1881	or disqualified.--
1882	(9)(a)  A motor vehicle that is driven by a person under
1883	the influence of alcohol or drugs in violation of s. 316.193 is
1884	subject to seizure and forfeiture under ss. 932.701-932.707 and
1885	is subject to liens for recovering, towing, or storing vehicles
1886	under s. 713.78 if, at the time of the offense, the person's
1887	driver's license is suspended, revoked, or canceled as a result
1888	of a prior conviction for driving under the influence.
1889	Section 48.  For the purpose of incorporating the amendment
1890	made by this act to section 316.193, Florida Statutes, in a
1891	reference thereto, subsection (3) of section 322.62, Florida
1892	Statutes, is reenacted to read:
1893	322.62  Driving under the influence; commercial motor
1894	vehicle operators.--
1895	(3)  This section does not supersede s. 316.193. Nothing in
1896	this section prohibits the prosecution of a person who drives a
1897	commercial motor vehicle for driving under the influence of
1898	alcohol or controlled substances whether or not such person is
1899	also prosecuted for a violation of this section.
1900	Section 49.  For the purpose of incorporating the amendment
1901	made by this act to section 316.193, Florida Statutes, in
1902	references thereto, paragraph (d) of subsection (2) and
1903	subsection (6) of section 322.63, Florida Statutes, are
1904	reenacted to read:
1905	322.63  Alcohol or drug testing; commercial motor vehicle
1906	operators.--
1907	(2)  The chemical and physical tests authorized by this
1908	section shall only be required if a law enforcement officer has
1909	reasonable cause to believe that a person driving a commercial
1910	motor vehicle has any alcohol, chemical substance, or controlled
1911	substance in his or her body.
1912	(d)  The administration of one test under paragraph (a),
1913	paragraph (b), or paragraph (c) shall not preclude the
1914	administration of a different test under paragraph (a),
1915	paragraph (b), or paragraph (c). However, a urine test may not
1916	be used to determine alcohol concentration and a breath test may
1917	not be used to determine the presence of controlled substances
1918	or chemical substances in a person's body. Notwithstanding the
1919	provisions of this paragraph, in the event a Florida licensee
1920	has been convicted in another state for an offense substantially
1921	similar to s. 316.193 or to s. 322.62, which conviction was
1922	based upon evidence of test results prohibited by this
1923	paragraph, that out-of-state conviction shall constitute a
1924	conviction for the purposes of this chapter.
1925	(6)  Notwithstanding any provision of law pertaining to the
1926	confidentiality of hospital records or other medical records,
1927	information relating to the alcohol content of a person's blood
1928	or the presence of chemical substances or controlled substances
1929	in a person's blood obtained pursuant to this section shall be
1930	released to a court, prosecuting attorney, defense attorney, or
1931	law enforcement officer in connection with an alleged violation
1932	of s. 316.193 or s. 322.62 upon request for such information.
1933	Section 50.  For the purpose of incorporating the amendment
1934	made by this act to section 316.193, Florida Statutes, in
1935	references thereto, subsections (1) and (2), paragraph (a) of
1936	subsection (7), paragraph (b) of subsection (8), and subsections
1937	(14) and (15) of section 322.64, Florida Statutes, are reenacted
1938	to read:
1939	322.64  Holder of commercial driver's license; driving with
1940	unlawful blood-alcohol level; refusal to submit to breath,
1941	urine, or blood test.--
1942	(1)(a)  A law enforcement officer or correctional officer
1943	shall, on behalf of the department, disqualify from operating
1944	any commercial motor vehicle a person who while operating or in
1945	actual physical control of a commercial motor vehicle is
1946	arrested for a violation of s. 316.193, relating to unlawful
1947	blood-alcohol level or breath-alcohol level, or a person who has
1948	refused to submit to a breath, urine, or blood test authorized
1949	by s. 322.63 arising out of the operation or actual physical
1950	control of a commercial motor vehicle. Upon disqualification of
1951	the person, the officer shall take the person's driver's license
1952	and issue the person a 10-day temporary permit for the operation
1953	of noncommercial vehicles only if the person is otherwise
1954	eligible for the driving privilege and shall issue the person a
1955	notice of disqualification. If the person has been given a
1956	blood, breath, or urine test, the results of which are not
1957	available to the officer at the time of the arrest, the agency
1958	employing the officer shall transmit such results to the
1959	department within 5 days after receipt of the results. If the
1960	department then determines that the person was arrested for a
1961	violation of s. 316.193 and that the person had a blood-alcohol
1962	level or breath-alcohol level of 0.08 or higher, the department
1963	shall disqualify the person from operating a commercial motor
1964	vehicle pursuant to subsection (3).
1965	(b)  The disqualification under paragraph (a) shall be
1966	pursuant to, and the notice of disqualification shall inform the
1967	driver of, the following:
1968	1.a.  The driver refused to submit to a lawful breath,
1969	blood, or urine test and he or she is disqualified from
1970	operating a commercial motor vehicle for a period of 1 year, for
1971	a first refusal, or permanently, if he or she has previously
1972	been disqualified as a result of a refusal to submit to such a
1973	test; or
1974	b.  The driver violated s. 316.193 by driving with an
1975	unlawful blood-alcohol level and he or she is disqualified from
1976	operating a commercial motor vehicle for a period of 6 months
1977	for a first offense or for a period of 1 year if he or she has
1978	previously been disqualified, or his or her driving privilege
1979	has been previously suspended, for a violation of s. 316.193.
1980	2.  The disqualification period for operating commercial
1981	vehicles shall commence on the date of arrest or issuance of
1982	notice of disqualification, whichever is later.
1983	3.  The driver may request a formal or informal review of
1984	the disqualification by the department within 10 days after the
1985	date of arrest or issuance of notice of disqualification,
1986	whichever is later.
1987	4.  The temporary permit issued at the time of arrest or
1988	disqualification will expire at midnight of the 10th day
1989	following the date of disqualification.
1990	5.  The driver may submit to the department any materials
1991	relevant to the arrest.
1992	(2)  Except as provided in paragraph (1)(a), the law
1993	enforcement officer shall forward to the department, within 5
1994	days after the date of the arrest or the issuance of the notice
1995	of disqualification, whichever is later, a copy of the notice of
1996	disqualification, the driver's license of the person arrested,
1997	and a report of the arrest, including, if applicable, an
1998	affidavit stating the officer's grounds for belief that the
1999	person arrested was in violation of s. 316.193; the results of
2000	any breath or blood test or an affidavit stating that a breath,
2001	blood, or urine test was requested by a law enforcement officer
2002	or correctional officer and that the person arrested refused to
2003	submit; a copy of the citation issued to the person arrested;
2004	and the officer's description of the person's field sobriety
2005	test, if any. The failure of the officer to submit materials
2006	within the 5-day period specified in this subsection or
2007	subsection (1) shall not affect the department's ability to
2008	consider any evidence submitted at or prior to the hearing. The
2009	officer may also submit a copy of a videotape of the field
2010	sobriety test or the attempt to administer such test.
2011	(7)  In a formal review hearing under subsection (6) or an
2012	informal review hearing under subsection (4), the hearing
2013	officer shall determine by a preponderance of the evidence
2014	whether sufficient cause exists to sustain, amend, or invalidate
2015	the disqualification. The scope of the review shall be limited
2016	to the following issues:
2017	(a)  If the person was disqualified from operating a
2018	commercial motor vehicle for driving with an unlawful blood-
2019	alcohol level in violation of s. 316.193:
2020	1.  Whether the arresting law enforcement officer had
2021	probable cause to believe that the person was driving or in
2022	actual physical control of a commercial motor vehicle in this
2023	state while he or she had any alcohol, chemical substances, or
2024	controlled substances in his or her body.
2025	2.  Whether the person was placed under lawful arrest for a
2026	violation of s. 316.193.
2027	3.  Whether the person had an unlawful blood-alcohol level
2028	as provided in s. 316.193.
2029	(8)  Based on the determination of the hearing officer
2030	pursuant to subsection (7) for both informal hearings under
2031	subsection (4) and formal hearings under subsection (6), the
2032	department shall:
2033	(b)  Sustain the disqualification for a period of 6 months
2034	for a violation of s. 316.193 or for a period of 1 year if the
2035	person has been previously disqualified from operating a
2036	commercial motor vehicle or his or her driving privilege has
2037	been previously suspended as a result of a violation of s.
2038	316.193. The disqualification period commences on the date of
2039	the arrest or issuance of the notice of disqualification,
2040	whichever is later.
2041	(14)  The decision of the department under this section
2042	shall not be considered in any trial for a violation of s.
2043	316.193, s. 322.61, or s. 322.62, nor shall any written
2044	statement submitted by a person in his or her request for
2045	departmental review under this section be admissible into
2046	evidence against him or her in any such trial. The disposition
2047	of any related criminal proceedings shall not affect a
2048	disqualification imposed pursuant to this section.
2049	(15)  This section does not preclude the suspension of the
2050	driving privilege pursuant to s. 322.2615. The driving privilege
2051	of a person who has been disqualified from operating a
2052	commercial motor vehicle also may be suspended for a violation
2053	of s. 316.193.
2054	Section 51.  For the purpose of incorporating the amendment
2055	made by this act to section 316.193, Florida Statutes, in a
2056	reference thereto, paragraph (f) of subsection (4) of section
2057	323.001, Florida Statutes, is reenacted to read:
2058	323.001  Wrecker operator storage facilities; vehicle
2059	holds.--
2060	(4)  The requirements for a written hold apply when the
2061	following conditions are present:
2062	(f)  The vehicle is impounded or immobilized pursuant to s.
2063	316.193 or s. 322.34; or
2064	Section 52.  For the purpose of incorporating the amendment
2065	made by this act to section 316.193, Florida Statutes, in
2066	references thereto, section 324.023, Florida Statutes, is
2067	reenacted to read:
2068	324.023  Financial responsibility for bodily injury or
2069	death.--In addition to any other financial responsibility
2070	required by law, every owner or operator of a motor vehicle that
2071	is required to be registered in this state, or that is located
2072	within this state, and who, regardless of adjudication of guilt,
2073	has been found guilty of or entered a plea of guilty or nolo
2074	contendere to a charge of driving under the influence under s.
2075	316.193 after October 1, 2007, shall, by one of the methods
2076	established in s. 324.031(1), (2), or (3), establish and
2077	maintain the ability to respond in damages for liability on
2078	account of accidents arising out of the use of a motor vehicle
2079	in the amount of $100,000 because of bodily injury to, or death
2080	of, one person in any one crash and, subject to such limits for
2081	one person, in the amount of $300,000 because of bodily injury
2082	to, or death of, two or more persons in any one crash and in the
2083	amount of $50,000 because of property damage in any one crash.
2084	If the owner or operator chooses to establish and maintain such
2085	ability by posting a bond or furnishing a certificate of deposit
2086	pursuant to s. 324.031(2) or (3), such bond or certificate of
2087	deposit must be in an amount not less than $350,000. Such higher
2088	limits must be carried for a minimum period of 3 years. If the
2089	owner or operator has not been convicted of driving under the
2090	influence or a felony traffic offense for a period of 3 years
2091	from the date of reinstatement of driving privileges for a
2092	violation of s. 316.193, the owner or operator shall be exempt
2093	from this section.
2094	Section 53.  For the purpose of incorporating the amendment
2095	made by this act to section 316.193, Florida Statutes, in a
2096	reference thereto, section 324.131, Florida Statutes, is
2097	reenacted to read:
2098	324.131  Period of suspension.--Such license, registration
2099	and nonresident's operating privilege shall remain so suspended
2100	and shall not be renewed, nor shall any such license or
2101	registration be thereafter issued in the name of such person,
2102	including any such person not previously licensed, unless and
2103	until every such judgment is stayed, satisfied in full or to the
2104	extent of the limits stated in s. 324.021(7) and until the said
2105	person gives proof of financial responsibility as provided in s.
2106	324.031, such proof to be maintained for 3 years. In addition,
2107	if the person's license or registration has been suspended or
2108	revoked due to a violation of s. 316.193 or pursuant to s.
2109	322.26(2), that person shall maintain noncancelable liability
2110	coverage for each motor vehicle registered in his or her name,
2111	as described in s. 627.7275(2), and must present proof that
2112	coverage is in force on a form adopted by the Department of
2113	Highway Safety and Motor Vehicles, such proof to be maintained
2114	for 3 years.
2115	Section 54.  For the purpose of incorporating the amendment
2116	made by this act to section 316.193, Florida Statutes, in a
2117	reference thereto, subsection (6) of section 327.35, Florida
2118	Statutes, is reenacted to read:
2119	327.35  Boating under the influence; penalties; "designated
2120	drivers".--
2121	(6)  With respect to any person convicted of a violation of
2122	subsection (1), regardless of any other penalty imposed:
2123	(a)  For the first conviction, the court shall place the
2124	defendant on probation for a period not to exceed 1 year and, as
2125	a condition of such probation, shall order the defendant to
2126	participate in public service or a community work project for a
2127	minimum of 50 hours. The court must also, as a condition of
2128	probation, order the impoundment or immobilization of the vessel
2129	that was operated by or in the actual control of the defendant
2130	or any one vehicle registered in the defendant's name at the
2131	time of impoundment or immobilization, for a period of 10 days
2132	or for the unexpired term of any lease or rental agreement that
2133	expires within 10 days. The impoundment or immobilization must
2134	not occur concurrently with the incarceration of the defendant.
2135	The impoundment or immobilization order may be dismissed in
2136	accordance with paragraph (e) or paragraph (f). The total period
2137	of probation and incarceration may not exceed 1 year.
2138	(b)  For the second conviction for an offense that occurs
2139	within a period of 5 years after the date of a prior conviction
2140	for violation of this section, the court shall order
2141	imprisonment for not less than 10 days. The court must also, as
2142	a condition of probation, order the impoundment or
2143	immobilization of the vessel that was operated by or in the
2144	actual control of the defendant or any one vehicle registered in
2145	the defendant's name at the time of impoundment or
2146	immobilization, for a period of 30 days or for the unexpired
2147	term of any lease or rental agreement that expires within 30
2148	days. The impoundment or immobilization must not occur
2149	concurrently with the incarceration of the defendant. The
2150	impoundment or immobilization order may be dismissed in
2151	accordance with paragraph (e) or paragraph (f). At least 48
2152	hours of confinement must be consecutive.
2153	(c)  For the third or subsequent conviction for an offense
2154	that occurs within a period of 10 years after the date of a
2155	prior conviction for violation of this section, the court shall
2156	order imprisonment for not less than 30 days. The court must
2157	also, as a condition of probation, order the impoundment or
2158	immobilization of the vessel that was operated by or in the
2159	actual control of the defendant or any one vehicle registered in
2160	the defendant's name at the time of impoundment or
2161	immobilization, for a period of 90 days or for the unexpired
2162	term of any lease or rental agreement that expires within 90
2163	days. The impoundment or immobilization must not occur
2164	concurrently with the incarceration of the defendant. The
2165	impoundment or immobilization order may be dismissed in
2166	accordance with paragraph (e) or paragraph (f). At least 48
2167	hours of confinement must be consecutive.
2168	(d)  The court must at the time of sentencing the defendant
2169	issue an order for the impoundment or immobilization of a
2170	vessel. Within 7 business days after the date that the court
2171	issues the order of impoundment, and once again 30 business days
2172	before the actual impoundment or immobilization of the vessel,
2173	the clerk of the court must send notice by certified mail,
2174	return receipt requested, to the registered owner of each
2175	vessel, if the registered owner is a person other than the
2176	defendant, and to each person of record claiming a lien against
2177	the vessel.
2178	(e)  A person who owns but was not operating the vessel
2179	when the offense occurred may submit to the court a police
2180	report indicating that the vessel was stolen at the time of the
2181	offense or documentation of having purchased the vessel after
2182	the offense was committed from an entity other than the
2183	defendant or the defendant's agent. If the court finds that the
2184	vessel was stolen or that the sale was not made to circumvent
2185	the order and allow the defendant continued access to the
2186	vessel, the order must be dismissed and the owner of the vessel
2187	will incur no costs. If the court denies the request to dismiss
2188	the order of impoundment or immobilization, the petitioner may
2189	request an evidentiary hearing.
2190	(f)  A person who owns but was not operating the vessel
2191	when the offense occurred, and whose vessel was stolen or who
2192	purchased the vessel after the offense was committed directly
2193	from the defendant or the defendant's agent, may request an
2194	evidentiary hearing to determine whether the impoundment or
2195	immobilization should occur. If the court finds that either the
2196	vessel was stolen or the purchase was made without knowledge of
2197	the offense, that the purchaser had no relationship to the
2198	defendant other than through the transaction, and that such
2199	purchase would not circumvent the order and allow the defendant
2200	continued access to the vessel, the order must be dismissed and
2201	the owner of the vessel will incur no costs.
2202	(g)  All costs and fees for the impoundment or
2203	immobilization, including the cost of notification, must be paid
2204	by the owner of the vessel or, if the vessel is leased or
2205	rented, by the person leasing or renting the vessel, unless the
2206	impoundment or immobilization order is dismissed.
2207	(h)  The person who owns a vessel that is impounded or
2208	immobilized under this paragraph, or a person who has a lien of
2209	record against such a vessel and who has not requested a review
2210	of the impoundment pursuant to paragraph (e) or paragraph (f),
2211	may, within 10 days after the date that person has knowledge of
2212	the location of the vessel, file a complaint in the county in
2213	which the owner resides to determine whether the vessel was
2214	wrongfully taken or withheld from the owner or lienholder. Upon
2215	the filing of a complaint, the owner or lienholder may have the
2216	vessel released by posting with the court a bond or other
2217	adequate security equal to the amount of the costs and fees for
2218	impoundment or immobilization, including towing or storage, to
2219	ensure the payment of the costs and fees if the owner or
2220	lienholder does not prevail. When the bond is posted and the fee
2221	is paid as set forth in s. 28.24, the clerk of the court shall
2222	issue a certificate releasing the vessel. At the time of
2223	release, after reasonable inspection, the owner or lienholder
2224	must give a receipt to the towing or storage company indicating
2225	any loss or damage to the vessel or to the contents of the
2226	vessel.
2227	(i)  A defendant, in the court's discretion, may be
2228	required to serve all or any portion of a term of imprisonment
2229	to which the defendant has been sentenced pursuant to this
2230	section in a residential alcoholism treatment program or a
2231	residential drug abuse treatment program. Any time spent in such
2232	a program must be credited by the court toward the term of
2233	imprisonment.
2234
2235	For the purposes of this section, any conviction for a violation
2236	of s. 316.193, a previous conviction for the violation of former
2237	s. 316.1931, former s. 860.01, or former s. 316.028, or a
2238	previous conviction outside this state for driving under the
2239	influence, driving while intoxicated, driving with an unlawful
2240	blood-alcohol level, driving with an unlawful breath-alcohol
2241	level, or any other similar alcohol-related or drug-related
2242	traffic offense, is also considered a previous conviction for
2243	violation of this section.
2244	Section 55.  For the purpose of incorporating the amendment
2245	made by this act to section 316.193, Florida Statutes, in a
2246	reference thereto, subsection (1) of section 337.195, Florida
2247	Statutes, is reenacted to read:
2248	337.195  Limits on liability.--
2249	(1)  In a civil action for the death of or injury to a
2250	person, or for damage to property, against the Department of
2251	Transportation or its agents, consultants, or contractors for
2252	work performed on a highway, road, street, bridge, or other
2253	transportation facility when the death, injury, or damage
2254	resulted from a motor vehicle crash within a construction zone
2255	in which the driver of one of the vehicles was under the
2256	influence of alcoholic beverages as set forth in s. 316.193,
2257	under the influence of any chemical substance as set forth in s.
2258	877.111, or illegally under the influence of any substance
2259	controlled under chapter 893 to the extent that her or his
2260	normal faculties were impaired or that she or he operated a
2261	vehicle recklessly as defined in s. 316.192, it is presumed that
2262	the driver's operation of the vehicle was the sole proximate
2263	cause of her or his own death, injury, or damage. This
2264	presumption can be overcome if the gross negligence or
2265	intentional misconduct of the Department of Transportation, or
2266	of its agents, consultants, or contractors, was a proximate
2267	cause of the driver's death, injury, or damage.
2268	Section 56.  For the purpose of incorporating the amendment
2269	made by this act to section 316.193, Florida Statutes, in a
2270	reference thereto, paragraph (c) of subsection (17) of section
2271	440.02, Florida Statutes, is reenacted to read:
2272	440.02  Definitions.--When used in this chapter, unless the
2273	context clearly requires otherwise, the following terms shall
2274	have the following meanings:
2275	(17)
2276	(c)  "Employment" does not include service performed by or
2277	as:
2278	1.  Domestic servants in private homes.
2279	2.  Agricultural labor performed on a farm in the employ of
2280	a bona fide farmer, or association of farmers, that employs 5 or
2281	fewer regular employees and that employs fewer than 12 other
2282	employees at one time for seasonal agricultural labor that is
2283	completed in less than 30 days, provided such seasonal
2284	employment does not exceed 45 days in the same calendar year.
2285	The term "farm" includes stock, dairy, poultry, fruit, fur-
2286	bearing animals, fish, and truck farms, ranches, nurseries, and
2287	orchards. The term "agricultural labor" includes field foremen,
2288	timekeepers, checkers, and other farm labor supervisory
2289	personnel.
2290	3.  Professional athletes, such as professional boxers,
2291	wrestlers, baseball, football, basketball, hockey, polo, tennis,
2292	jai alai, and similar players, and motorsports teams competing
2293	in a motor racing event as defined in s. 549.08.
2294	4.  Labor under a sentence of a court to perform community
2295	services as provided in s. 316.193.
2296	5.  State prisoners or county inmates, except those
2297	performing services for private employers or those enumerated in
2298	s. 948.036(1).
2299	Section 57.  For the purpose of incorporating the amendment
2300	made by this act to section 316.193, Florida Statutes, in a
2301	reference thereto, paragraph (b) of subsection (7) of section
2302	440.09, Florida Statutes, is reenacted to read:
2303	440.09  Coverage.--
2304	(7)
2305	(b)  If the employee has, at the time of the injury, a
2306	blood alcohol level equal to or greater than the level specified
2307	in s. 316.193, or if the employee has a positive confirmation of
2308	a drug as defined in this act, it is presumed that the injury
2309	was occasioned primarily by the intoxication of, or by the
2310	influence of the drug upon, the employee. If the employer has
2311	implemented a drug-free workplace, this presumption may be
2312	rebutted only by evidence that there is no reasonable hypothesis
2313	that the intoxication or drug influence contributed to the
2314	injury. In the absence of a drug-free workplace program, this
2315	presumption may be rebutted by clear and convincing evidence
2316	that the intoxication or influence of the drug did not
2317	contribute to the injury. Percent by weight of alcohol in the
2318	blood must be based upon grams of alcohol per 100 milliliters of
2319	blood. If the results are positive, the testing facility must
2320	maintain the specimen for a minimum of 90 days. Blood serum may
2321	be used for testing purposes under this chapter; however, if
2322	this test is used, the presumptions under this section do not
2323	arise unless the blood alcohol level is proved to be medically
2324	and scientifically equivalent to or greater than the comparable
2325	blood alcohol level that would have been obtained if the test
2326	were based on percent by weight of alcohol in the blood.
2327	However, if, before the accident, the employer had actual
2328	knowledge of and expressly acquiesced in the employee's presence
2329	at the workplace while under the influence of such alcohol or
2330	drug, the presumptions specified in this subsection do not
2331	apply.
2332	Section 58.  For the purpose of incorporating the amendment
2333	made by this act to section 316.193, Florida Statutes, in a
2334	reference thereto, paragraph (d) of subsection (1) of section
2335	493.6106, Florida Statutes, is reenacted to read:
2336	493.6106  License requirements; posting.--
2337	(1)  Each individual licensed by the department must:
2338	(d)  Not be a chronic and habitual user of alcoholic
2339	beverages to the extent that her or his normal faculties are
2340	impaired; not have been committed under chapter 397, former
2341	chapter 396, or a similar law in any other state; not have been
2342	found to be a habitual offender under s. 856.011(3) or a similar
2343	law in any other state; and not have had two or more convictions
2344	under s. 316.193 or a similar law in any other state within the
2345	3-year period immediately preceding the date the application was
2346	filed, unless the individual establishes that she or he is not
2347	currently impaired and has successfully completed a
2348	rehabilitation course.
2349	Section 59.  For the purpose of incorporating the amendment
2350	made by this act to section 316.193, Florida Statutes, in a
2351	reference thereto, paragraph (a) of subsection (2) of section
2352	627.7275, Florida Statutes, is reenacted to read:
2353	627.7275  Motor vehicle liability.--
2354	(2)(a)  Insurers writing motor vehicle insurance in this
2355	state shall make available, subject to the insurers' usual
2356	underwriting restrictions:
2357	1.  Coverage under policies as described in subsection (1)
2358	to any applicant for private passenger motor vehicle insurance
2359	coverage who is seeking the coverage in order to reinstate the
2360	applicant's driving privileges in this state when the driving
2361	privileges were revoked or suspended pursuant to s. 316.646 or
2362	s. 324.0221 due to the failure of the applicant to maintain
2363	required security.
2364	2.  Coverage under policies as described in subsection (1),
2365	which also provides liability coverage for bodily injury, death,
2366	and property damage arising out of the ownership, maintenance,
2367	or use of the motor vehicle in an amount not less than the
2368	limits described in s. 324.021(7) and conforms to the
2369	requirements of s. 324.151, to any applicant for private
2370	passenger motor vehicle insurance coverage who is seeking the
2371	coverage in order to reinstate the applicant's driving
2372	privileges in this state after such privileges were revoked or
2373	suspended under s. 316.193 or s. 322.26(2) for driving under the
2374	influence.
2375	Section 60.  For the purpose of incorporating the amendment
2376	made by this act to section 316.193, Florida Statutes, in a
2377	reference thereto, subsection (4) of section 627.758, Florida
2378	Statutes, is reenacted to read:
2379	627.758  Surety on auto club traffic arrest bond;
2380	conditions, limit; bail bond.--
2381	(4)  Notwithstanding the provisions of s. 626.311 or
2382	chapter 648, any surety insurer identified in a guaranteed
2383	traffic arrest bond certificate or any licensed general lines
2384	agent of the surety insurer may execute a bail bond for the
2385	automobile club or association member identified in the
2386	guaranteed traffic arrest bond certificate in an amount not in
2387	excess of $5,000 for any violation of chapter 316 or any similar
2388	traffic law or ordinance except for driving under the influence
2389	of alcoholic beverages, chemical substances, or controlled
2390	substances, as prohibited by s. 316.193.
2391	Section 61.  For the purpose of incorporating the amendment
2392	made by this act to section 316.193, Florida Statutes, in
2393	references thereto, paragraph (f) of subsection (2) and
2394	paragraph (f) of subsection (10) of section 790.06, Florida
2395	Statutes, are reenacted to read:
2396	790.06  License to carry concealed weapon or firearm.--
2397	(2)  The Department of Agriculture and Consumer Services
2398	shall issue a license if the applicant:
2399	(f)  Does not chronically and habitually use alcoholic
2400	beverages or other substances to the extent that his or her
2401	normal faculties are impaired. It shall be presumed that an
2402	applicant chronically and habitually uses alcoholic beverages or
2403	other substances to the extent that his or her normal faculties
2404	are impaired if the applicant has been committed under chapter
2405	397 or under the provisions of former chapter 396 or has been
2406	convicted under s. 790.151 or has been deemed a habitual
2407	offender under s. 856.011(3), or has had two or more convictions
2408	under s. 316.193 or similar laws of any other state, within the
2409	3-year period immediately preceding the date on which the
2410	application is submitted;
2411	(10)  A license issued under this section shall be
2412	suspended or revoked pursuant to chapter 120 if the licensee:
2413	(f)  Is convicted of a second violation of s. 316.193, or a
2414	similar law of another state, within 3 years of a previous
2415	conviction of such section, or similar law of another state,
2416	even though the first violation may have occurred prior to the
2417	date on which the application was submitted;
2418	Section 62.  For the purpose of incorporating the amendment
2419	made by this act to section 316.193, Florida Statutes, in a
2420	reference thereto, subsection (2) of section 903.36, Florida
2421	Statutes, is reenacted to read:
2422	903.36  Guaranteed arrest bond certificates as cash bail.--
2423	(2)  The execution of a bail bond by a licensed general
2424	lines agent of a surety insurer for the automobile club or
2425	association member identified in the guaranteed traffic arrest
2426	bond certificate, as provided in s. 627.758(4), shall be
2427	accepted as bail in an amount not to exceed $5,000 for the
2428	appearance of the person named in the certificate in any court
2429	to answer for the violation of a provision of chapter 316 or a
2430	similar traffic law or ordinance, except driving under the
2431	influence of alcoholic beverages, chemical substances, or
2432	controlled substances, as prohibited by s. 316.193. Presentation
2433	of the guaranteed traffic arrest bond certificate and a power of
2434	attorney from the surety insurer for its licensed general lines
2435	agents is authorization for such agent to execute the bail bond.
2436	Section 63.  For the purpose of incorporating the amendment
2437	made by this act to section 316.193, Florida Statutes, in
2438	references thereto, paragraph (c) of subsection (4) of section
2439	907.041, Florida Statutes, is reenacted to read:
2440	907.041  Pretrial detention and release.--
2441	(4)  PRETRIAL DETENTION.--
2442	(c)  The court may order pretrial detention if it finds a
2443	substantial probability, based on a defendant's past and present
2444	patterns of behavior, the criteria in s. 903.046, and any other
2445	relevant facts, that any of the following circumstances exists:
2446	1.  The defendant has previously violated conditions of
2447	release and that no further conditions of release are reasonably
2448	likely to assure the defendant's appearance at subsequent
2449	proceedings;
2450	2.  The defendant, with the intent to obstruct the judicial
2451	process, has threatened, intimidated, or injured any victim,
2452	potential witness, juror, or judicial officer, or has attempted
2453	or conspired to do so, and that no condition of release will
2454	reasonably prevent the obstruction of the judicial process;
2455	3.  The defendant is charged with trafficking in controlled
2456	substances as defined by s. 893.135, that there is a substantial
2457	probability that the defendant has committed the offense, and
2458	that no conditions of release will reasonably assure the
2459	defendant's appearance at subsequent criminal proceedings; or
2460	4.  The defendant is charged with DUI manslaughter, as
2461	defined by s. 316.193, and that there is a substantial
2462	probability that the defendant committed the crime and that the
2463	defendant poses a threat of harm to the community; conditions
2464	that would support a finding by the court pursuant to this
2465	subparagraph that the defendant poses a threat of harm to the
2466	community include, but are not limited to, any of the following:
2467	a.  The defendant has previously been convicted of any
2468	crime under s. 316.193, or of any crime in any other state or
2469	territory of the United States that is substantially similar to
2470	any crime under s. 316.193;
2471	b.  The defendant was driving with a suspended driver's
2472	license when the charged crime was committed; or
2473	c.  The defendant has previously been found guilty of, or
2474	has had adjudication of guilt withheld for, driving while the
2475	defendant's driver's license was suspended or revoked in
2476	violation of s. 322.34;
2477	5.  The defendant poses the threat of harm to the
2478	community. The court may so conclude, if it finds that the
2479	defendant is presently charged with a dangerous crime, that
2480	there is a substantial probability that the defendant committed
2481	such crime, that the factual circumstances of the crime indicate
2482	a disregard for the safety of the community, and that there are
2483	no conditions of release reasonably sufficient to protect the
2484	community from the risk of physical harm to persons.
2485	6.  The defendant was on probation, parole, or other
2486	release pending completion of sentence or on pretrial release
2487	for a dangerous crime at the time the current offense was
2488	committed; or
2489	7.  The defendant has violated one or more conditions of
2490	pretrial release or bond for the offense currently before the
2491	court and the violation, in the discretion of the court,
2492	supports a finding that no conditions of release can reasonably
2493	protect the community from risk of physical harm to persons or
2494	assure the presence of the accused at trial.
2495	Section 64.  Except as otherwise expressly provided in this
2496	act, this act shall take effect upon becoming a law.

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