Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1458
       
       
       
       
       
       
                                Barcode 253100                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/18/2013           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Transportation (Evers) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 3540 - 3633
    4  and insert:
    5         Section 59. Subsections (4) and (5) of section 322.271,
    6  Florida Statutes, are amended, and subsection (7) is added to
    7  that section, to read:
    8         322.271 Authority to modify revocation, cancellation, or
    9  suspension order.—
   10         (4) Notwithstanding the provisions of s. 322.28(2)(d)
   11  322.28(2)(e), a person whose driving privilege has been
   12  permanently revoked because he or she has been convicted of DUI
   13  manslaughter in violation of s. 316.193 and has no prior
   14  convictions for DUI-related offenses may, upon the expiration of
   15  5 years after the date of such revocation or the expiration of 5
   16  years after the termination of any term of incarceration under
   17  s. 316.193 or former s. 316.1931, whichever date is later,
   18  petition the department for reinstatement of his or her driving
   19  privilege.
   20         (a) Within 30 days after the receipt of such a petition,
   21  the department shall afford the petitioner an opportunity for a
   22  hearing. At the hearing, the petitioner must demonstrate to the
   23  department that he or she:
   24         1. Has not been arrested for a drug-related offense during
   25  the 5 years preceding the filing of the petition;
   26         2. Has not driven a motor vehicle without a license for at
   27  least 5 years prior to the hearing;
   28         3. Has been drug-free for at least 5 years prior to the
   29  hearing; and
   30         4. Has completed a DUI program licensed by the department.
   31         (b) At such hearing, the department shall determine the
   32  petitioner’s qualification, fitness, and need to drive. Upon
   33  such determination, the department may, in its discretion,
   34  reinstate the driver driver’s license of the petitioner. Such
   35  reinstatement must be made subject to the following
   36  qualifications:
   37         1. The license must be restricted for employment purposes
   38  for at least not less than 1 year; and
   39         2. Such person must be supervised by a DUI program licensed
   40  by the department and report to the program for such supervision
   41  and education at least four times a year or additionally as
   42  required by the program for the remainder of the revocation
   43  period. Such supervision shall include evaluation, education,
   44  referral into treatment, and other activities required by the
   45  department.
   46         (c) Such person must assume the reasonable costs of
   47  supervision. If such person fails to comply with the required
   48  supervision, the program shall report the failure to the
   49  department, and the department shall cancel such person’s
   50  driving privilege.
   51         (d) If, after reinstatement, such person is convicted of an
   52  offense for which mandatory revocation of his or her license is
   53  required, the department shall revoke his or her driving
   54  privilege.
   55         (e) The department shall adopt rules regulating the
   56  providing of services by DUI programs pursuant to this section.
   57         (5) Notwithstanding the provisions of s. 322.28(2)(d)
   58  322.28(2)(e), a person whose driving privilege has been
   59  permanently revoked because he or she has been convicted four or
   60  more times of violating s. 316.193 or former s. 316.1931 may,
   61  upon the expiration of 5 years after the date of the last
   62  conviction or the expiration of 5 years after the termination of
   63  any incarceration under s. 316.193 or former s. 316.1931,
   64  whichever is later, petition the department for reinstatement of
   65  his or her driving privilege.
   66         (a) Within 30 days after receipt of a petition, the
   67  department shall provide for a hearing, at which the petitioner
   68  must demonstrate that he or she:
   69         1. Has not been arrested for a drug-related offense for at
   70  least 5 years prior to filing the petition;
   71         2. Has not driven a motor vehicle without a license for at
   72  least 5 years prior to the hearing;
   73         3. Has been drug-free for at least 5 years prior to the
   74  hearing; and
   75         4. Has completed a DUI program licensed by the department.
   76         (b) At the hearing, the department shall determine the
   77  petitioner’s qualification, fitness, and need to drive, and may,
   78  after such determination, reinstate the petitioner’s driver
   79  driver’s license. The reinstatement shall be subject to the
   80  following qualifications:
   81         1. The petitioner’s license must be restricted for
   82  employment purposes for at least not less than 1 year; and
   83         2. The petitioner must be supervised by a DUI program
   84  licensed by the department and must report to the program for
   85  supervision and education at least four times a year or more, as
   86  required by the program, for the remainder of the revocation
   87  period. The supervision shall include evaluation, education,
   88  referral into treatment, and other activities required by the
   89  department.
   90         (c) The petitioner must assume the reasonable costs of
   91  supervision. If the petitioner does not comply with the required
   92  supervision, the program shall report the failure to the
   93  department, and the department shall cancel such person’s
   94  driving privilege.
   95         (d) If, after reinstatement, the petitioner is convicted of
   96  an offense for which mandatory license revocation is required,
   97  the department shall revoke his or her driving privilege.
   98         (e) The department shall adopt rules regulating the
   99  services provided by DUI programs pursuant to this section.
  100         (7) A person who has never had a driver license suspended
  101  under s. 322.2615, has never been disqualified under s. 322.64,
  102  has never been convicted of a violation of s. 316.193, has never
  103  applied for a business purposes only license, as defined in this
  104  section, whose driving privilege has been suspended pursuant to
  105  this section may apply for a business purposes only driver
  106  license without a hearing if the person meets the requirements
  107  of this section and s. 322.291, and is otherwise eligible for a
  108  driver license.
  109         (a) For purposes of this subsection, a previous conviction
  110  outside of this state for driving under the influence, driving
  111  while intoxicated, driving with an unlawful blood-alcohol level,
  112  or any other alcohol-related or drug-related traffic offense
  113  similar to the offense of driving under the influence as
  114  provided in s. 316.193 will be considered a previous conviction
  115  for a violation of s. 316.193, and a conviction for violation of
  116  former s. 316.028, former s. 316.1931, or former s. 860.01 is
  117  considered a conviction for a violation of s. 316.193.
  118         (b) The reinstatement shall be restricted to business
  119  purposes only for the duration of the suspension imposed under
  120  s. 322.2615.
  121         (c)Acceptance of the reinstated driving privilege as
  122  provided in this subsection is deemed a waiver of the right to
  123  formal and informal review under s. 322.2615. The waiver may not
  124  be used as evidence in any other proceeding.
  125  
  126  ================= T I T L E  A M E N D M E N T ================
  127         And the title is amended as follows:
  128         Delete lines 232 - 235
  129  and insert:
  130         316.550, 317.0003, 320.08, 320.0847, 322.282, 324.023,
  131         324.171, 324.191, 627.733, and 627.7415, F.S.;
  132         correcting cross-references and conforming provisions
  133         to changes made by the act; amending s. 322.271, F.S.;
  134         providing procedures for certain persons who have no
  135         previous convictions for certain alcohol-related
  136         driving offenses to be issued a driver license for
  137         business purposes only; providing an