HB 681

1	A bill to be entitled
2	An act relating to driving under the influence;
3	amending s. 316.193, F.S.; requiring that the court,
4	as a condition of probation for a conviction of the
5	offense of driving under the influence, impound or
6	immobilize the vehicle that was operated by or was in
7	the actual control of the defendant or require the
8	defendant to install an interlock ignition device on
9	all vehicles that are individually or jointly leased
10	or owned and routinely operated by the defendant;
11	prohibiting the installation of an ignition interlock
12	device from occurring concurrently with the
13	incarceration of the defendant; requiring that the
14	installation occur concurrently with the driver
15	license revocation; amending s. 322.2615, F.S.;
16	requiring that a law enforcement officer issue to the
17	person driving under the influence a notice of
18	suspension of the person's driving privilege and a
19	notice of the person's obligation to appear at a
20	designated office of the Department of Highway Safety
21	and Motor Vehicles under certain circumstances;
22	providing that the notice of suspension acts as a 10-
23	day temporary driving privilege; authorizing a driver
24	to submit materials relevant to the suspension at a
25	review hearing if the driver elected to have a review
26	hearing and if he or she appeared at the department
27	office after receipt of the notice of suspension and
28	notice to appear; requiring that the driver appear at
29	a department office after receipt of the notice of
30	suspension and notice to appear; requiring that the
31	department reinstate, under certain circumstances, the
32	driver's driving privilege restricted to business
33	purposes only; providing that if the driver fails to
34	appear as required, his or her license will remain
35	suspended and all rights of review will be waived;
36	authorizing the department to extend the time for a
37	person to apply for a restricted driver license;
38	setting forth the restrictions applicable to a
39	person's driving privilege; providing that if a person
40	accepts the reinstated driving privilege restricted to
41	business purposes only, he or she is deemed to have
42	waived the right to a formal review of the request to
43	submit to a breath, blood, or urine test and a formal
44	review of the suspension of his or her driving
45	privilege; requiring that the department notify the
46	person in writing of his or her right to review the
47	driving suspension if he or she is not eligible for
48	driving privileges restricted to business purposes
49	only; requiring that the department provide the person
50	with certain information; requiring that the
51	department issue a temporary permit if the person is
52	otherwise eligible for the driving privilege;
53	providing that the temporary permit is restricted to
54	driving for employment purposes only; authorizing a
55	driver to request a formal or informal review of the
56	suspension of his or her driving privilege; providing
57	that a person electing to seek a formal review is
58	deemed to have waived the right to a restricted
59	driving privilege; authorizing a hearing officer to
60	receive testimony from witnesses appearing at a formal
61	or informal review hearing telephonically; requiring
62	that a law enforcement officer submit all materials
63	relating to the notice of suspension and the notice to
64	appear to the department in electronic form;
65	authorizing witnesses to appear at a formal review
66	hearing telephonically; authorizing a party to seek
67	enforcement of a subpoena for a review hearing by
68	filing a motion for enforcement in a criminal court
69	case resulting from the incident that gave rise to the
70	suspension; prohibiting the department from being a
71	party to the subpoena action; prohibiting the hearing
72	officer from considering the lawfulness of the arrest
73	in reviewing a suspension; providing that the
74	temporary permit that the department issues, if the
75	formal review hearing is continued at the department's
76	initiative, grants a driving privilege restricted to
77	employment purposes only; requiring that a law
78	enforcement agency desiring to appeal a decision of
79	the department file the petition for writ of
80	certiorari to the circuit court in the county in which
81	the law enforcement agency is located for telephonic
82	hearings; requiring that the department remove the
83	restriction from a person's driver license if the
84	person is found not guilty of certain violations;
85	amending s. 322.2616, F.S.; deleting the requirement
86	that the informal review hearing include materials
87	submitted by the person whose license is suspended;
88	providing procedures for a formal review hearing for
89	the suspension of driving privileges for a person
90	under 21 years of age; amending s. 322.2715, F.S.;
91	authorizing a convicted person to elect to install an
92	ignition interlock device on all vehicles that are
93	individually or jointly leased or owned and routinely
94	operated by the convicted person, in lieu of the 5- or
95	10-year license revocation period otherwise required
96	by law; requiring that the ignition interlock device
97	be installed for specified periods; amending s.
98	322.64, F.S.; requiring that the disqualification of a
99	driver from operating a commercial motor vehicle be
100	treated as conviction of driving with an unlawful
101	blood-alcohol or breath-alcohol level under certain
102	circumstances; providing hearing procedures for the
103	revocation of a commercial motor vehicle license for a
104	commercial driver convicted of the offense of driving
105	under the influence; providing an effective date.
106
107	Be It Enacted by the Legislature of the State of Florida:
108
109	Section 1.  Subsection (6) of section 316.193, Florida
110	Statutes, is amended to read:
111	316.193  Driving under the influence; penalties.-
112	(6)  With respect to any person convicted of a violation of
113	subsection (1), regardless of any penalty imposed pursuant to
114	subsection (2), subsection (3), or subsection (4):
115	(a)  For the first conviction, the court shall place the
116	defendant on probation for a period not to exceed 1 year and, as
117	a condition of the such probation, shall order the defendant to
118	participate in public service or a community work project for a
119	minimum of 50 hours. The court may order a defendant to pay a
120	fine of $10 for each hour of public service or community work
121	otherwise required only if the court finds that the residence or
122	location of the defendant at the time public service or
123	community work is required or the defendant's employment
124	obligations would create an undue hardship for the defendant.
125	However, The total period of probation and incarceration may not
126	exceed 1 year. The court must also, as a condition of probation,
127	order:
128	1.  The impoundment or immobilization of the vehicle that
129	was operated by or was in the actual control of the defendant or
130	any one vehicle registered in the defendant's name at the time
131	of impoundment or immobilization, for a period of 10 days or for
132	the unexpired term of any lease or rental agreement that expires
133	within 10 days. The impoundment or immobilization must not occur
134	concurrently with the incarceration of the defendant. The
135	impoundment or immobilization order may be dismissed in
136	accordance with paragraph (e), paragraph (f), paragraph (g), or
137	paragraph (h); or
138	2.  The installation of an interlock ignition device in
139	accordance with s. 316.1938 on all vehicles that are
140	individually or jointly leased or owned and routinely operated
141	by the defendant for at least 3 continuous months.
142	(b)  For the second conviction for an offense that occurs
143	within a period of 5 years after the date of a prior conviction
144	for violation of this section, the court shall order
145	imprisonment for at least not less than 10 days. The court must
146	also, as a condition of probation, order:
147	1.  The impoundment or immobilization of all vehicles owned
148	by the defendant at the time of impoundment or immobilization,
149	for a period of 30 days or for the unexpired term of any lease
150	or rental agreement that expires within 30 days; or
151	2.  The installation of an interlock ignition device in
152	accordance with s. 316.1938 on all vehicles that are
153	individually or jointly leased or owned and routinely operated
154	by the defendant for at least 6 continuous months.
155
156	The impoundment or immobilization or the installation of an
157	ignition interlock device under this paragraph must not occur
158	concurrently with the incarceration of the defendant and must
159	occur concurrently with the driver driver's license revocation
160	imposed under s. 322.28(2)(a)2. The impoundment or
161	immobilization order may be dismissed in accordance with
162	paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
163	At least 48 hours of confinement must be consecutive.
164	(c)  For the third or subsequent conviction for an offense
165	that occurs within a period of 10 years after the date of a
166	prior conviction for violation of this section, the court shall
167	order imprisonment for at least not less than 30 days. The court
168	must also, as a condition of probation, order:
169	1.  The impoundment or immobilization of all vehicles owned
170	by the defendant at the time of impoundment or immobilization,
171	for a period of 90 days or for the unexpired term of any lease
172	or rental agreement that expires within 90 days; or
173	2.  The installation of an interlock ignition device in
174	accordance with s. 316.1938 upon all vehicles that are
175	individually or jointly leased or owned and routinely operated
176	by the defendant for at least 12 continuous months.
177
178	The impoundment or immobilization or the installation of an
179	ignition interlock device under this paragraph must not occur
180	concurrently with the incarceration of the defendant and must
181	occur concurrently with the driver driver's license revocation
182	imposed under s. 322.28(2)(a)3. The impoundment or
183	immobilization order may be dismissed in accordance with
184	paragraph (e), paragraph (f), paragraph (g), or paragraph (h).
185	At least 48 hours of confinement must be consecutive.
186	(d)  The court must, at the time of sentencing the
187	defendant, issue an order for:
188	1.  The impoundment or immobilization of a vehicle; or
189	2.  The installation of an ignition interlock device.
190
191	The order of impoundment or immobilization must include the name
192	and telephone numbers of all immobilization agencies meeting all
193	of the conditions of subsection (13). Within 7 business days
194	after the date that the court issues the order of impoundment or
195	immobilization, the clerk of the court must send notice by
196	certified mail, return receipt requested, to the registered
197	owner of each vehicle, if the registered owner is a person other
198	than the defendant, and to each person of record claiming a lien
199	against the vehicle.
200	(e)  A person who owns but was not operating the vehicle
201	when the offense occurred may submit to the court a police
202	report indicating that the vehicle was stolen at the time of the
203	offense or documentation of having purchased the vehicle after
204	the offense was committed from an entity other than the
205	defendant or the defendant's agent. If the court finds that the
206	vehicle was stolen or that the sale was not made to circumvent
207	the order and to allow the defendant continued access to the
208	vehicle, the order must be dismissed, and the owner of the
209	vehicle will incur no costs. If the court denies the request to
210	dismiss the order of impoundment or immobilization, the
211	petitioner may request an evidentiary hearing.
212	(f)  A person who owns but was not operating the vehicle
213	when the offense occurred, and whose vehicle was stolen or who
214	purchased the vehicle after the offense was committed directly
215	from the defendant or the defendant's agent, may request an
216	evidentiary hearing to determine whether the impoundment or
217	immobilization should occur. If the court finds that either the
218	vehicle was stolen or the purchase was made without knowledge of
219	the offense, that the purchaser had no relationship to the
220	defendant other than through the transaction, and that the such
221	purchase would not circumvent the order and allow the defendant
222	continued access to the vehicle, the order must be dismissed,
223	and the owner of the vehicle will incur no costs.
224	(g)  The court shall also dismiss the order of impoundment
225	or immobilization of the vehicle if the court finds that the
226	family of the owner of the vehicle has no other private or
227	public means of transportation.
228	(h)  The court may also dismiss the order of impoundment or
229	immobilization of any vehicle vehicles that is are owned by the
230	defendant but that is are operated solely by the employees of
231	the defendant or any business owned by the defendant.
232	(i)  All costs and fees for the impoundment or
233	immobilization, including the cost of notification, must be paid
234	by the owner of the vehicle or, if the vehicle is leased or
235	rented, by the person leasing or renting the vehicle, unless the
236	impoundment or immobilization order is dismissed. All provisions
237	of s. 713.78 shall apply. The costs and fees for the impoundment
238	or immobilization must be paid directly to the person impounding
239	or immobilizing the vehicle.
240	(j)  The person who owns a vehicle that is impounded or
241	immobilized under this subsection paragraph, or a person who has
242	a lien of record against such a vehicle and who has not
243	requested a review of the impoundment pursuant to paragraph (e),
244	paragraph (f), or paragraph (g), may, within 10 days after the
245	date that person has knowledge of the location of the vehicle,
246	file a complaint in the county in which the owner resides to
247	determine whether the vehicle was wrongfully taken or withheld
248	from the owner or lienholder. Upon the filing of a complaint,
249	the owner or lienholder may have the vehicle released by posting
250	with the court a bond or other adequate security equal to the
251	amount of the costs and fees for impoundment or immobilization,
252	including towing or storage, to ensure the payment of such costs
253	and fees if the owner or lienholder does not prevail. When the
254	bond is posted and the fee is paid as set forth in s. 28.24, the
255	clerk of the court shall issue a certificate releasing the
256	vehicle. At the time of release, after reasonable inspection,
257	the owner or lienholder must give a receipt to the towing or
258	storage company indicating any loss or damage to the vehicle or
259	to the contents of the vehicle.
260	(k)  A defendant, in the court's discretion, may be
261	required to serve all or any portion of a term of imprisonment
262	to which the defendant has been sentenced pursuant to this
263	section in a residential alcoholism treatment program or a
264	residential drug abuse treatment program. Any time spent in such
265	a program must be credited by the court toward the term of
266	imprisonment.
267
268	For the purposes of this section, a any conviction for a
269	violation of s. 327.35; a previous conviction for the violation
270	of former s. 316.1931, former s. 860.01, or former s. 316.028;
271	or a previous conviction outside this state for driving under
272	the influence, driving while intoxicated, driving with an
273	unlawful blood-alcohol level, driving with an unlawful breath-
274	alcohol level, or any other similar alcohol-related or drug-
275	related traffic offense, is also considered a previous
276	conviction for violation of this section. However, in
277	satisfaction of the fine imposed pursuant to this section, the
278	court may, upon a finding that the defendant is financially
279	unable to pay either all or part of the fine, order that the
280	defendant participate for a specified additional period of time
281	in public service or a community work project in lieu of payment
282	of that portion of the fine which the court determines the
283	defendant is unable to pay. In determining such additional
284	sentence, the court shall consider the amount of the unpaid
285	portion of the fine and the reasonable value of the services to
286	be ordered; however, the court may not compute the reasonable
287	value of services at a rate less than the federal minimum wage
288	at the time of sentencing.
289	Section 2.  Section 322.2615, Florida Statutes, is amended
290	to read:
291	322.2615  Restriction or suspension of license; right to
292	review.-
293	(1)(a)  Notwithstanding whether an arrest is made for any
294	criminal offense, a law enforcement officer or correctional
295	officer shall, on behalf of the department, suspend the driving
296	privilege of a person who is driving or is in actual physical
297	control of a motor vehicle and who has an unlawful blood-alcohol
298	level or breath-alcohol level of 0.08 or higher, or of a person
299	who has refused to submit to a urine test or a test of his or
300	her breath-alcohol or blood-alcohol level. The officer shall
301	issue to the person the notice of suspension and notice to
302	appear. The person shall appear at a designated department
303	office within 10 days after receipt of the notice. The notice of
304	suspension and notice to appear serve as take the person's
305	driver's license and issue the person a 10-day temporary driving
306	permit if the person is otherwise eligible for the driving
307	privilege and shall issue the person a notice of suspension. If
308	a blood test has been administered, the officer or the agency
309	employing the officer shall transmit the such results to the
310	department within 5 days after receipt of the results. If the
311	department then determines that the person had a blood-alcohol
312	level or breath-alcohol level of 0.08 or higher, the department
313	shall suspend the person's driver driver's license pursuant to
314	subsection (3).
315	(b)  The suspension under paragraph (a) shall be pursuant
316	to, and the notice of suspension and notice to appear shall
317	inform the driver of, the following:
318	1.a.  The driver refused to submit to a lawful breath,
319	blood, or urine test and his or her driving privilege is
320	suspended for a period of 1 year for a first refusal, or for a
321	period of 18 months if his or her driving privilege has been
322	previously suspended as a result of a refusal to submit to such
323	a test; or
324	b.  The driver was driving or was in actual physical
325	control of a motor vehicle and had a an unlawful blood-alcohol
326	level or breath-alcohol level of 0.08 or higher and his or her
327	driving privilege is suspended for a period of 6 months for a
328	first offense, or for a period of 1 year if his or her driving
329	privilege has been previously suspended under this section.
330	2.  The suspension period commences shall commence on the
331	date of issuance of the notice of suspension and notice to
332	appear.
333	3.  The driver may request a formal or informal review of
334	the suspension by the department within 10 days after the date
335	of issuance of the notice of suspension.
336	3.4.  The temporary permit issued at the time of suspension
337	expires at midnight of the 10th day following the date of
338	issuance of the notice of suspension and notice to appear.
339	5.  The driver may submit to the department any materials
340	relevant to the suspension.
341	(c)  A person whose driving privilege has been suspended
342	pursuant to this subsection or subsection (3) shall appear at a
343	designated department office within 10 days after receipt of the
344	notice of suspension and notice to appear. If the person fails
345	to appear as required, his or her license will remain suspended
346	and all rights of review as provided in this section will be
347	waived.
348	(d)  If it appears that the person whose driving privilege
349	has been suspended meets the requirements of s. 322.271 and is
350	otherwise eligible for the driving privilege and if the person
351	wishes to obtain a restricted driver license, the department
352	shall, upon payment by the person of the appropriate fees to the
353	department, reinstate the person's driving privilege restricted
354	to business purposes only, as defined in, and pursuant to s.
355	322.271. The department shall issue a replacement driver license
356	with the applicable restrictions. The department may extend the
357	time for a person who qualifies for a restricted driver license
358	to apply for the restricted license upon good cause shown in
359	writing.
360	1.  The restrictions on a person's driving privilege under
361	this paragraph shall be in place for:
362	a.  One year, if the driver refused to submit to a breath,
363	blood, or urine test requested pursuant to this section; or
364	b.  Six months, if the driver was driving or was in actual
365	physical control of a motor vehicle and had an unlawful blood-
366	alcohol or breath-alcohol level of 0.08 or higher.
367	2.  A person who accepts the reinstated driving privilege
368	restricted to business purposes only as provided in this
369	paragraph is deemed to have waived the right to a formal review
370	of the suspension of his or her driving privilege. Such a waiver
371	may not be used as evidence in any other proceeding.
372	(e)  The department shall notify the person whose driving
373	privilege has been suspended in writing of his or her right to
374	review the suspension if the person has not applied for a
375	restricted driver license pursuant to s. 322.271.
376	(f)  The notice of the right to a formal or informal review
377	of a suspension shall inform the driver of the following:
378	1.  The driver may request a formal or informal review by
379	the department within 10 days after the department notifies the
380	person of the right to review. A person electing to seek a
381	formal review of the suspension is deemed to have waived his or
382	her right to a restricted driving privilege except as set forth
383	in subsection (10). Hearings may be conducted telephonically.
384	Witnesses shall be sworn by a notary public, certified court
385	reporter, or law enforcement officer pursuant to s. 117.10.
386	2.  The driver may submit to the department any material
387	relevant to the suspension. The driver or his or her counsel
388	must provide a telephone number where he or she can be contacted
389	for the hearing. A person who does not appear at a designated
390	department office as required by paragraph (c) waives his or her
391	right to submit materials to the department.
392	(2)  Except as provided in paragraph (1)(a), the law
393	enforcement officer shall forward to the department, within 5
394	days after issuing the notice of suspension and notice to
395	appear, the driver driver's license; an affidavit stating the
396	officer's grounds for belief that the person was driving or was
397	in actual physical control of a motor vehicle while under the
398	influence of alcoholic beverages or chemical or controlled
399	substances; the results of any breath or blood test or an
400	affidavit stating that a breath, blood, or urine test was
401	requested by the a law enforcement officer or a correctional
402	officer pursuant to this section and that the person refused to
403	submit; the officer's description of the person's field sobriety
404	exercise test, if any; and a copy of the notice of suspension
405	and notice appear. The failure of the officer to submit
406	materials within the 5-day period specified in this subsection
407	and in subsection (1) does not affect the department's ability
408	to consider any evidence submitted at or before prior to the
409	hearing. The officer may also submit a copy of the crash report
410	and a copy of a videotape of the field sobriety exercise test or
411	the attempt to administer the exercise such test. Materials
412	submitted to the department by a law enforcement agency or
413	correctional agency shall be considered self-authenticating and
414	shall be in the record for consideration by the hearing officer.
415	All materials may be submitted in electronic form.
416	Notwithstanding s. 316.066(5), the crash report shall be
417	considered by the hearing officer.
418	(3)  If the department determines that the license should
419	be suspended pursuant to this section and if the notice of
420	suspension and notice to appear has not already been served upon
421	the person by the a law enforcement officer or correctional
422	officer as provided in subsection (1), the department shall
423	issue a notice of suspension and, unless the notice is mailed
424	pursuant to s. 322.251, a temporary permit that expires 10 days
425	after the date of issuance if the driver is otherwise eligible
426	for the driving privilege.
427	(4)  If the person whose license was suspended requests an
428	informal review pursuant to subparagraph (1)(b)3., the
429	department shall conduct the informal review by a hearing
430	officer employed by the department. The Such informal review
431	hearing shall consist solely of an examination by the hearing
432	officer department of the materials submitted by the a law
433	enforcement officer or correctional officer and by the person
434	whose license was suspended, and the testimonial presence of the
435	an officer or any other witness is not required.
436	(5)  After completion of the informal review, notice of the
437	department's decision sustaining, amending, or invalidating the
438	suspension of the driver driver's license of the person whose
439	license was suspended must be provided to such person. The Such
440	notice must be mailed to the person at the last known address
441	shown on the department's records, or to the address provided in
442	the law enforcement officer's report if the such address differs
443	from the address of record, within 21 days after the expiration
444	of the temporary permit issued pursuant to subsection (1) or
445	subsection (3).
446	(6)(a)  If the person whose license was suspended requests
447	a formal review, the department must schedule a hearing to be
448	held within 30 days after the such request is received by the
449	department and must notify the person of the date, time, and
450	place of the hearing.
451	(b)  The Such formal review hearing shall be held before a
452	hearing officer employed by the department, and the hearing
453	officer may shall be authorized to administer oaths, examine
454	witnesses and take testimony, receive relevant evidence, issue
455	subpoenas for the officers and witnesses identified in documents
456	in subsection (2), regulate the course and conduct of the
457	hearing, question witnesses, and make a ruling on the
458	suspension.
459	(c)  The party requesting the presence of a witness is
460	shall be responsible for the payment of any witness fees and for
461	notifying in writing the state attorney's office in the
462	appropriate circuit of the issuance of the subpoena. If the
463	person who requests the a formal review hearing fails to appear
464	and the hearing officer finds such failure to be without just
465	cause, the right to a formal hearing is waived, and the
466	suspension shall be sustained. The hearing officer may authorize
467	witnesses to the formal review hearing to appear telephonically.
468	(d)(c)  A party may seek enforcement of a subpoena under
469	paragraph (b) by filing a petition for enforcement in the
470	circuit court of the judicial circuit in which the person
471	failing to comply with the subpoena resides or by filing a
472	motion for enforcement in any criminal court case resulting from
473	the driving or actual physical control of the motor vehicle
474	which gave rise to the suspension under this section. A failure
475	to comply with an order of the court shall result in a finding
476	of contempt of court. However, a person is not in contempt while
477	a subpoena is being challenged. The department may not be a
478	party to any subpoena enforcement action.
479	(e)(d)  The department must, within 7 working days after
480	the a formal review hearing, provide send notice to the person
481	of the hearing officer's decision as to whether sufficient cause
482	exists to sustain, amend, or invalidate the suspension.
483	(7)  In a formal review hearing under subsection (6) or an
484	informal review hearing under subsection (4), the hearing
485	officer shall determine by a preponderance of the evidence
486	whether sufficient cause exists to sustain, amend, or invalidate
487	the suspension. Notwithstanding s. 316.1932, the hearing officer
488	may not consider the lawfulness of the arrest and shall limit
489	the scope of the review shall be limited to the following
490	issues:
491	(a)  If the license was suspended for driving with a an
492	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
493	higher:
494	1.  Whether the law enforcement officer had probable cause
495	to believe that the person whose license was suspended was
496	driving or was in actual physical control of a motor vehicle in
497	this state while under the influence of alcoholic beverages or
498	chemical or controlled substances.
499	2.  Whether the person whose license was suspended had a an
500	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
501	higher as provided in s. 316.193.
502	(b)  If the license was suspended for refusal to submit to
503	a breath, blood, or urine test:
504	1.  Whether the law enforcement officer had probable cause
505	to believe that the person whose license was suspended was
506	driving or was in actual physical control of a motor vehicle in
507	this state while under the influence of alcoholic beverages or
508	chemical or controlled substances.
509	2.  Whether the person whose license was suspended refused
510	to submit to any such test after being requested to do so by a
511	law enforcement officer or correctional officer.
512	3.  Whether the person whose license was suspended was told
513	that if he or she refused to submit to such test, his or her
514	privilege to operate a motor vehicle would be suspended for a
515	period of 1 year or, in the case of a second or subsequent
516	refusal, for a period of 18 months.
517	(8)  Based on the determination of the hearing officer
518	pursuant to subsection (7) for both informal hearings under
519	subsection (4) and formal hearings under subsection (6), the
520	department shall:
521	(a)  Sustain the suspension of the person's driving
522	privilege for a period of 1 year for a first refusal, or for a
523	period of 18 months if the driving privilege of the such person
524	has been previously suspended as a result of a refusal to submit
525	to such test tests, if the person refused to submit to a lawful
526	breath, blood, or urine test requested pursuant to this section.
527	The suspension period begins commences on the date of issuance
528	of the notice of suspension.
529	(b)  Sustain the suspension of the person's driving
530	privilege for a period of 6 months for a blood-alcohol level or
531	breath-alcohol level of 0.08 or higher, or for a period of 1
532	year if the driving privilege of the such person has been
533	previously suspended under this section as a result of driving
534	with a blood-alcohol level or breath-alcohol level of 0.08 or
535	higher an unlawful alcohol level. The suspension period begins
536	commences on the date of issuance of the notice of suspension.
537	(9)  A request for a formal review hearing or an informal
538	review hearing does shall not stay the suspension of the
539	person's driver driver's license. If the department fails to
540	schedule a requested the formal review hearing to be held within
541	30 days after receipt of the request therefor, the department
542	shall invalidate the suspension. If the scheduled hearing is
543	continued at the department's initiative, the department shall
544	issue a temporary driving permit that is shall be valid until
545	the hearing is conducted if the person is otherwise eligible for
546	the driving privilege. The Such permit may not be issued to a
547	person who sought and obtained a continuance of the hearing. The
548	temporary permit issued under this subsection grants a driving
549	privilege restricted to employment purposes shall authorize
550	driving for business or employment use only, as defined in s.
551	322.271.
552	(10)  A person whose driver driver's license is suspended
553	under subsection (1) or subsection (3) may apply for issuance of
554	a license for business or employment purposes only if the person
555	is otherwise eligible for the driving privilege pursuant to s.
556	322.271.
557	(a)  If the suspension of the driver driver's license of
558	the person for refusal or failure to submit to a breath, urine,
559	or blood test is sustained, the person is not eligible to
560	receive a license for business or employment purposes only,
561	pursuant to s. 322.271, until 90 days have elapsed after the
562	expiration of the last temporary permit issued. If the driver is
563	not issued a 10-day permit pursuant to this section or s. 322.64
564	because he or she is ineligible for the permit and the
565	suspension for failure to submit to a breath, urine, or blood
566	test is sustained not invalidated by the department, the driver
567	is not eligible to receive a business or employment license
568	pursuant to s. 322.271 until 90 days have elapsed from the date
569	of the suspension.
570	(b)  If the suspension of the driver driver's license of
571	the person relating to unlawful blood-alcohol level or breath-
572	alcohol level of 0.08 or higher is sustained, the person is not
573	eligible to receive a license for business or employment
574	purposes only pursuant to s. 322.271 until 30 days have elapsed
575	after the expiration of the last temporary permit issued. If the
576	driver is not issued a 10-day permit pursuant to this section or
577	s. 322.64 because he or she is ineligible for the permit and the
578	suspension relating to unlawful blood-alcohol level or breath-
579	alcohol level of 0.08 or higher is sustained not invalidated by
580	the department, the driver is not eligible to receive a business
581	or employment license pursuant to s. 322.271 until 30 days have
582	elapsed from the date of the suspension.
583	(11)  A The formal review hearing may be conducted upon a
584	review of the reports of a law enforcement officer or a
585	correctional officer, including documents relating to the
586	administration of a breath test or blood test or the refusal to
587	take either test or the refusal to take a urine test. However,
588	as provided in subsection (6), the driver may subpoena the
589	officer or any person who administered or analyzed the a breath
590	or blood test. The hearing officer may permit witnesses at the
591	formal review hearing to appear telephonically.
592	(12)  The Formal and informal review hearings hearing and
593	the informal review hearing are exempt from the provisions of
594	chapter 120. The department may adopt rules for the conduct of
595	reviews under this section.
596	(13)  Pursuant to s. 322.21, a person may appeal any
597	decision of the department sustaining a suspension of his or her
598	driver driver's license by a petition for writ of certiorari to
599	the circuit court in the county in which the wherein such person
600	resides or wherein a formal or informal review was conducted
601	pursuant to s. 322.31. However, an appeal does shall not stay
602	the suspension. A law enforcement agency may appeal any decision
603	of the department invalidating a suspension by a petition for
604	writ of certiorari to the circuit court in the county in which
605	wherein a formal or informal review was conducted. For
606	telephonic hearings, the law enforcement agency shall file the
607	petition for writ of certiorari to the circuit court in the
608	county in which the law enforcement agency is located. This
609	subsection does shall not be construed to provide for a de novo
610	appeal.
611	(14)(a)  The decision of the department under this section
612	or any circuit court review thereof may not be considered in any
613	trial for a violation of s. 316.193, and a written statement
614	submitted by a person in his or her request for departmental
615	review under this section may not be admitted into evidence
616	against him or her in any such trial.
617	(b)  The disposition of any related criminal proceeding
618	proceedings does not affect a suspension for refusal to submit
619	to a blood, breath, or urine test imposed under this section.
620	(15)  If the department suspends a person's license under
621	s. 322.2616, it may not also suspend the person's license under
622	this section for the same episode that was the basis for the
623	suspension under s. 322.2616.
624	(16)  The department shall invalidate a suspension for
625	driving with an unlawful blood-alcohol level or breath-alcohol
626	level imposed under this section if the suspended person is
627	found not guilty at trial of an underlying violation of s.
628	316.193. If the person obtained a license restricted to business
629	purposes only pursuant to paragraph (1)(c), the department shall
630	remove the restriction from the person's driver license.
631	Section 3.  Subsections (5), (7), (12), and (14) of section
632	322.2616, Florida Statutes, are amended to read:
633	322.2616  Suspension of license; persons under 21 years of
634	age; right to review.-
635	(5)  If the person whose license is suspended requests an
636	informal review under subparagraph (2)(b)3., the department
637	shall conduct the informal review by a hearing officer employed
638	by the department within 30 days after the request is received
639	by the department and shall issue such person a temporary
640	driving permit for business purposes only to expire on the date
641	that the such review is scheduled to be conducted if the person
642	is otherwise eligible. The informal review hearing must consist
643	solely of an examination by the department of the materials
644	submitted by the a law enforcement officer or correctional
645	officer and by the person whose license is suspended, and the
646	testimony presence of the an officer or witness is not required.
647	(7)(a)  If the person whose license is suspended requests a
648	formal review, the department must schedule a hearing to be held
649	within 30 days after the request is received by the department
650	and must notify the person of the date, time, and place of the
651	hearing and shall issue the such person a temporary driving
652	permit for business purposes only to expire on the date that the
653	such review is scheduled to be conducted if the person is
654	otherwise eligible.
655	(b)  The formal review hearing must be held before a
656	hearing officer employed by the department, and the hearing
657	officer may administer oaths, examine witnesses and take
658	testimony, receive relevant evidence, issue subpoenas, regulate
659	the course and conduct of the hearing, and make a ruling on the
660	suspension. The department and the person whose license was
661	suspended may subpoena witnesses, and the party requesting the
662	presence of a witness is responsible for paying any witness fees
663	and for notifying in writing the state attorney's office in the
664	appropriate circuit of the issuance of the subpoena. If the
665	person who requests a formal review hearing fails to appear and
666	the hearing officer finds the failure to be without just cause,
667	the right to a formal hearing is waived, and the suspension is
668	sustained. The hearing officer may permit witnesses at the
669	formal review hearing to appear telephonically.
670	(c)  A party may seek enforcement of a subpoena under
671	paragraph (b) by filing a petition for enforcement in the
672	circuit court of the judicial circuit in which the person
673	failing to comply with the subpoena resides. A failure to comply
674	with an order of the court constitutes contempt of court.
675	However, a person may not be held in contempt while a subpoena
676	is being challenged. The department is not a party to any
677	subpoena enforcement action.
678	(d)  The department must, within 7 days after the a formal
679	review hearing, provide send notice to the person of the hearing
680	officer's decision as to whether sufficient cause exists to
681	sustain, amend, or invalidate the suspension.
682	(12)  The formal review hearing may be conducted upon a
683	review of the reports of the a law enforcement officer or
684	correctional officer, including documents relating to the
685	administration of a breath test or the refusal to take a test.
686	However, as provided in subsection (7), the driver may subpoena
687	the officer or any person who administered the a breath or blood
688	test. The hearing officer may permit witnesses at the formal
689	review hearing to appear telephonically.
690	(14)  Pursuant to s. 322.31, a person may appeal any
691	decision of the department sustaining a suspension of his or her
692	driver driver's license by a petition for writ of certiorari to
693	the circuit court in the county in which the wherein such person
694	resides or in which the wherein a formal or informal review was
695	conducted under s. 322.31. However, an appeal does not stay the
696	suspension. This subsection does not provide for a de novo
697	appeal.
698	Section 4.  Subsections (6) and (7) are added to section
699	322.2715, Florida Statutes, to read:
700	322.2715  Ignition interlock device.-
701	(6)  Notwithstanding the provisions of ss. 322.271 and
702	322.28(2), upon a second conviction for a violation of the
703	provisions of s. 316.193, the convicted person may elect to
704	install an ignition interlock device on all vehicles that are
705	individually or jointly leased or owned and routinely operated
706	by the convicted person, in lieu of the 5-year license
707	revocation required by s. 322.28(2). The ignition interlock
708	device must be installed for a period of 2 consecutive years,
709	and must be followed by a third consecutive year, during which
710	the convicted person is entitled to a driving privilege
711	restricted to business purposes only, as defined in s.
712	322.271(1).
713	(7)  Notwithstanding the provisions of ss. 322.271 and
714	322.28(2), upon a third conviction for a violation of the
715	provisions of s. 316.193, the convicted person may elect to
716	install an ignition interlock device on all vehicles that are
717	individually or jointly leased or owned and routinely operated
718	by the convicted person, in lieu of the 10-year license
719	revocation required by s. 322.28(2). The installation of an
720	ignition interlock device under this subsection may not occur
721	until the convicted person has served a 1-year license
722	revocation period. The ignition interlock device must be
723	installed for a period of 3 consecutive years, and must be
724	followed by a period of 2 additional consecutive years, during
725	which the convicted person is entitled to a driving privilege
726	restricted to business purposes only, as defined in s.
727	322.271(1).
728	Section 5.  Section 322.64, Florida Statutes, is amended to
729	read:
730	322.64  Holder of commercial driver driver's license;
731	persons operating a commercial motor vehicle; driving with
732	unlawful blood-alcohol level or breath-alcohol level; refusal to
733	submit to breath, urine, or blood test.-
734	(1)(a)  A law enforcement officer or correctional officer
735	shall, on behalf of the department, disqualify from operating a
736	any commercial motor vehicle a person who, while operating or in
737	actual physical control of a commercial motor vehicle, is
738	arrested for a violation of s. 316.193, relating to unlawful
739	blood-alcohol level or breath-alcohol level, or a person who has
740	refused to submit to a breath, urine, or blood test authorized
741	by s. 322.63 or s. 316.1932 arising out of the operation or
742	actual physical control of a commercial motor vehicle. A law
743	enforcement officer or correctional officer shall, on behalf of
744	the department, disqualify the holder of a commercial driver
745	driver's license from operating a any commercial motor vehicle
746	if the licenseholder, while operating or in actual physical
747	control of a motor vehicle, is arrested for a violation of s.
748	316.193, relating to unlawful blood-alcohol level or breath-
749	alcohol level, or refused to submit to a breath, urine, or blood
750	test authorized by s. 322.63 or s. 316.1932. Upon
751	disqualification of the person, the officer shall take the
752	person's driver driver's license and issue the person a 10-day
753	temporary permit for the operation of noncommercial vehicles
754	only if the person is otherwise eligible for the driving
755	privilege and shall issue the person a notice of
756	disqualification. If the person has been given a blood, breath,
757	or urine test and, the results of the test which are not
758	available to the officer at the time of the arrest, the agency
759	employing the officer shall transmit such results to the
760	department within 5 days after receipt of the results. If the
761	department then determines that the person had a blood-alcohol
762	level or breath-alcohol level of 0.08 or higher, the department
763	shall disqualify the person from operating a commercial motor
764	vehicle pursuant to subsection (3).
765	(b)  For purposes of determining the period of
766	disqualification described in 49 C.F.R. s. 383.51, the
767	disqualification under paragraph (a) shall be treated as
768	conviction.
769	(c)(b)  The disqualification under paragraph (a) shall be
770	pursuant to, and the notice of disqualification shall inform the
771	driver of, the following:
772	1.a.  The driver refused to submit to a lawful breath,
773	blood, or urine test and he or she is disqualified from
774	operating a commercial motor vehicle for a period of 1 year, for
775	a first refusal, or permanently, if he or she has previously
776	been disqualified under this section; or
777	b.  The driver was driving or was in actual physical
778	control of a commercial motor vehicle, or any motor vehicle if
779	the driver holds a commercial driver driver's license, had an
780	unlawful blood-alcohol level or breath-alcohol level of 0.08 or
781	higher, and his or her driving privilege shall be disqualified
782	for a period of 1 year for a first offense, or permanently
783	disqualified if his or her driving privilege has been previously
784	disqualified under this section.
785	2.  The disqualification period for operating a commercial
786	vehicle begins vehicles shall commence on the date of issuance
787	of the notice of disqualification.
788	3.  The driver may request a formal or informal review of
789	the disqualification by the department within 10 days after the
790	date of issuance of the notice of disqualification.
791	4.  The temporary permit issued at the time of
792	disqualification expires at midnight of the 10th day following
793	the date of disqualification.
794	5.  The driver may submit to the department any material
795	materials relevant to the disqualification.
796	(2)  Except as provided in paragraph (1)(a), the law
797	enforcement officer shall forward to the department, within 5
798	days after the date of the issuance of the notice of
799	disqualification, a copy of the notice of disqualification
800	issued to the person;, the driver driver's license of the person
801	disqualified;, and an affidavit stating the officer's grounds
802	for belief that the person disqualified was operating or was in
803	actual physical control of a commercial motor vehicle, or holds
804	a commercial driver driver's license, and had an unlawful blood-
805	alcohol or breath-alcohol level; the results of any breath, or
806	blood, or urine test or an affidavit stating that a breath,
807	blood, or urine test was requested by the a law enforcement
808	officer or correctional officer and that the person arrested
809	refused to submit; a copy of the notice of disqualification
810	issued to the person; and the officer's description of the
811	person's field sobriety test, if any. The failure of the officer
812	to submit materials within the 5-day period specified in this
813	subsection or subsection (1) does not affect the department's
814	ability to consider any evidence submitted at or before prior to
815	the hearing. The officer may also submit a copy of a videotape
816	of the field sobriety test or the attempt to administer such
817	test and a copy of the crash report, if any. Notwithstanding s.
818	316.066, the crash report shall be considered by the hearing
819	officer. All materials may be submitted in electronic form.
820	(3)  If the department determines that the person arrested
821	should be disqualified from operating a commercial motor vehicle
822	pursuant to this section and if the notice of disqualification
823	has not already been served upon the person by the a law
824	enforcement officer or correctional officer as provided in
825	subsection (1), the department shall issue a notice of
826	disqualification and, unless the notice is mailed pursuant to s.
827	322.251, a temporary permit that which expires 10 days after the
828	date of issuance if the driver is otherwise eligible.
829	(4)  If the person disqualified requests an informal review
830	pursuant to subparagraph (1)(c)3. (1)(b)3., the department shall
831	conduct the informal review by a hearing officer employed by the
832	department. The Such informal review hearing shall consist
833	solely of an examination by the department of the materials
834	submitted by the a law enforcement officer or correctional
835	officer and by the person disqualified, and the presence of the
836	an officer or a witness is not required.
837	(5)  After completion of the informal review, notice of the
838	department's decision sustaining, amending, or invalidating the
839	disqualification must be provided to the person. The such notice
840	must be mailed to the person at the last known address shown on
841	the department's records, and to the address provided in the law
842	enforcement officer's report if the such address differs from
843	the address of record, within 21 days after the expiration of
844	the temporary permit issued pursuant to subsection (1) or
845	subsection (3).
846	(6)(a)  If the person disqualified requests a formal
847	review, the department must schedule a hearing to be held within
848	30 days after the such request is received by the department and
849	must notify the person of the date, time, and place of the
850	hearing.
851	(b)  The such formal review hearing shall be held before a
852	hearing officer employed by the department, and the hearing
853	officer may shall be authorized to administer oaths, examine
854	witnesses and take testimony, receive relevant evidence, issue
855	subpoenas for the officers and witnesses identified in documents
856	as provided in subsection (2), regulate the course and conduct
857	of the hearing, and make a ruling on the disqualification. The
858	department and the person disqualified may subpoena witnesses,
859	and the party requesting the presence of a witness is shall be
860	responsible for the payment of any witness fees. If the person
861	who requests a formal review hearing fails to appear and the
862	hearing officer finds such failure to be without just cause, the
863	right to a formal hearing is waived. The hearing officer may
864	permit witnesses at the formal review hearing to appear
865	telephonically.
866	(c)  A party may seek enforcement of a subpoena under
867	paragraph (b) by filing a petition for enforcement in the
868	circuit court of the judicial circuit in which the person
869	failing to comply with the subpoena resides or by filing a
870	motion for enforcement in any criminal court case resulting from
871	the driving or actual physical control of the motor vehicle that
872	gave rise to the disqualification under this section. A failure
873	to comply with an order of the court shall result in a finding
874	of contempt of court. However, a person is shall not be in
875	contempt while a subpoena is being challenged. The department is
876	not a party to any subpoena enforcement action.
877	(d)  The department must, within 7 working days after the a
878	formal review hearing, send notice to the person of the hearing
879	officer's decision as to whether sufficient cause exists to
880	sustain, amend, or invalidate the disqualification.
881	(7)  In a formal review hearing under subsection (6) or an
882	informal review hearing under subsection (4), the hearing
883	officer shall determine by a preponderance of the evidence
884	whether sufficient cause exists to sustain, amend, or invalidate
885	the disqualification. Notwithstanding s. 316.1932, the hearing
886	officer may not consider the lawfulness of the arrest and shall
887	limit the scope of the review shall be limited to the following
888	issues:
889	(a)  If the person was disqualified from operating a
890	commercial motor vehicle for driving with a an unlawful blood-
891	alcohol level or breath-alcohol level of 0.08 or higher:
892	1.  Whether the arresting law enforcement officer had
893	probable cause to believe that the person was driving or was in
894	actual physical control of a commercial motor vehicle, or any
895	motor vehicle if the driver holds a commercial driver driver's
896	license, in this state while he or she had any alcohol, chemical
897	substance substances, or controlled substance substances in his
898	or her body.
899	2.  Whether the person had a an unlawful blood-alcohol
900	level or breath-alcohol level of 0.08 or higher.
901	(b)  If the person was disqualified from operating a
902	commercial motor vehicle for refusal to submit to a breath,
903	blood, or urine test:
904	1.  Whether the law enforcement officer had probable cause
905	to believe that the person was driving or was in actual physical
906	control of a commercial motor vehicle, or any motor vehicle if
907	the driver holds a commercial driver driver's license, in this
908	state while he or she had any alcohol, chemical substance
909	substances, or controlled substance substances in his or her
910	body.
911	2.  Whether the person refused to submit to the test after
912	being requested to do so by the a law enforcement officer or
913	correctional officer.
914	3.  Whether the person was told that if he or she refused
915	to submit to such test, he or she would be disqualified from
916	operating a commercial motor vehicle for a period of 1 year or,
917	if previously disqualified under this section, permanently.
918	(8)  Based on the determination of the hearing officer
919	pursuant to subsection (7) for both informal hearings under
920	subsection (4) and formal hearings under subsection (6), the
921	department shall:
922	(a)  Sustain the disqualification for a period of 1 year
923	for a first refusal, or permanently if the such person has been
924	previously disqualified from operating a commercial motor
925	vehicle under this section. The disqualification period begins
926	commences on the date of the issuance of the notice of
927	disqualification.
928	(b)  Sustain the disqualification:
929	1.  For a period of 1 year if the person was driving or was
930	in actual physical control of a commercial motor vehicle, or any
931	motor vehicle if the driver holds a commercial driver driver's
932	license, and had an unlawful blood-alcohol level or breath-
933	alcohol level of 0.08 or higher; or
934	2.  Permanently if the person has been previously
935	disqualified from operating a commercial motor vehicle under
936	this section or his or her driving privilege has been previously
937	suspended for driving or being in actual physical control of a
938	commercial motor vehicle, or any motor vehicle if the driver
939	holds a commercial driver driver's license, and had an unlawful
940	blood-alcohol level or breath-alcohol level of 0.08 or higher.
941
942	The disqualification period begins commences on the date of the
943	issuance of the notice of disqualification.
944	(9)  A request for a formal review hearing or an informal
945	review hearing does shall not stay the disqualification. If the
946	department fails to schedule the formal review hearing to be
947	held within 30 days after receipt of the request therefor, the
948	department shall invalidate the disqualification. If the
949	scheduled hearing is continued at the department's initiative,
950	the department shall issue a temporary driving permit limited to
951	noncommercial vehicles which is valid until the hearing is
952	conducted if the person is otherwise eligible for the driving
953	privilege. The Such permit may shall not be issued to a person
954	who sought and obtained a continuance of the hearing. The
955	temporary permit issued under this subsection grants a driving
956	privilege restricted to employment purposes only, as defined in
957	s. 322.271 shall authorize driving for business purposes only.
958	(10)  A person who is disqualified from operating a
959	commercial motor vehicle under subsection (1) or subsection (3)
960	is eligible for issuance of a license for business or employment
961	purposes only under s. 322.271 if the person is otherwise
962	eligible for the driving privilege. However, such business or
963	employment purposes license does shall not authorize the driver
964	to operate a commercial motor vehicle.
965	(11)  The formal review hearing may be conducted upon a
966	review of the reports of the a law enforcement officer or a
967	correctional officer, including documents relating to the
968	administration of a breath test or blood test or the refusal to
969	take a breath, blood, or urine either test. However, as provided
970	in subsection (6), the driver may subpoena the officer or any
971	person who administered or analyzed the a breath or blood test.
972	The hearing officer may permit witnesses at the formal review
973	hearing to appear telephonically.
974	(12)  The formal review hearing and the informal review
975	hearing are exempt from the provisions of chapter 120. The
976	department may is authorized to adopt rules for the conduct of
977	reviews under this section.
978	(13)  Pursuant to s. 322.31, a person may appeal any
979	decision of the department sustaining the disqualification from
980	operating a commercial motor vehicle by a petition for writ of
981	certiorari to the circuit court in the county in which the
982	wherein such person resides or wherein a formal or informal
983	review was conducted pursuant to s. 322.31. However, an appeal
984	does shall not stay the disqualification. This subsection does
985	shall not be construed to provide for a de novo appeal.
986	(14)  The decision of the department under this section may
987	shall not be considered in any trial for a violation of s.
988	316.193, s. 322.61, or s. 322.62, and a nor shall any written
989	statement submitted by a person in his or her request for
990	departmental review under this section may not be admitted be
991	admissible into evidence against him or her in any such trial.
992	The disposition of any related criminal proceeding may
993	proceedings shall not affect a disqualification imposed pursuant
994	to this section.
995	(15)  This section does not preclude the suspension of the
996	driving privilege pursuant to s. 322.2615. The driving privilege
997	of a person who has been disqualified from operating a
998	commercial motor vehicle also may also be suspended for a
999	violation of s. 316.193.
1000	Section 6.  This act shall take effect July 1, 2012.

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