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The Committee on Transportation and Economic Development

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Appropriations (Webster) recommended the following amendment:

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     Senate Amendment

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     Delete line(s) 2198-2246

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and insert:

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(8)  Based on the determination of the hearing officer

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pursuant to subsection (7) for both informal hearings under

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

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department shall:

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     (a)  Sustain the disqualification for a period of 1 year for

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a first refusal, or permanently if such person has been

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previously disqualified from operating a commercial motor vehicle

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as a result of a refusal to submit to such tests. The

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disqualification period commences on the date of the arrest or

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issuance of the notice of disqualification, whichever is later.

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     (b) Sustain the disqualification:

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     1. For a period of 6 months if the person was driving or in

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actual physical control of a commercial motor vehicle, or any

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motor vehicle if the driver holds a commercial driver's license,

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and had an unlawful blood-alcohol level or breath-alcohol level

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of 0.08 or higher; for a violation of s. 316.193 or

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2. For for a period of 1 year if the person has been

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previously disqualified from operating a commercial motor vehicle

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or his or her driving privilege has been previously suspended for

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driving or being in actual physical control of a commercial motor

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vehicle, or any motor vehicle if the driver holds a commercial

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driver's license, and had an unlawful blood-alcohol level or

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breath-alcohol level of 0.08 or higher as a result of a violation

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of s. 316.193.

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The disqualification period commences on the date of the arrest

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or issuance of the notice of disqualification, whichever is

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later.

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     (9)  A request for a formal review hearing or an informal

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review hearing shall not stay the disqualification. If the

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department fails to schedule the formal review hearing to be held

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within 30 days after receipt of the request therefor, the

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department shall invalidate the disqualification. If the

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scheduled hearing is continued at the department's initiative,

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the department shall issue a temporary driving permit limited to

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noncommercial vehicles which is shall be valid until the hearing

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is conducted if the person is otherwise eligible for the driving

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privilege. Such permit shall not be issued to a person who sought

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and obtained a continuance of the hearing. The permit issued

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under this subsection shall authorize driving for business

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purposes or employment use only.

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     (10)  A person who is disqualified from operating a

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commercial motor vehicle under subsection (1) or subsection (3)

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is eligible for issuance of a license for business or employment

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purposes only under s. 322.271 if the person is otherwise

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eligible for the driving privilege. However, such business or

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employment purposes license shall not authorize the driver to

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operate a commercial motor vehicle.

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4/9/2008  12:42:00 PM     TR.TA.07127