Bill Text: FL S0924 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Driver's Licenses [CPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-30 - Placed on Special Order Calendar; Died on Calendar, companion bill(s) passed, see CS/CS/HB 971 (Ch. 2010-223) [S0924 Detail]

Download: Florida-2010-S0924-Comm_Sub.html

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Florida Senate - 2010                              CS for SB 924 
 
By the Committee on Transportation; and Senator Wise 
596-03691-10                                           2010924c1 
1                        A bill to be entitled 
2         An act relating to driving under the influence; 
3         amending s. 322.28, F.S.; deleting a requirement for 
4         permanent revocation of the driver’s license or 
5         driving privilege of a person who has been convicted 
6         four times for violating specified offenses of driving 
7         under the influence; providing that a person who has 
8         been convicted three times for violating specified 
9         offenses of driving under the influence may obtain a 
10         driver’s license upon satisfying certain conditions; 
11         providing an effective date. 
12 
13  Be It Enacted by the Legislature of the State of Florida: 
14 
15         Section 1. Paragraphs (a) and (e) of subsection (2) of 
16  section 322.28, Florida Statutes, are amended, and paragraph (f) 
17  is added to that subsection, to read: 
18         322.28 Period of suspension or revocation.— 
19         (2) In a prosecution for a violation of s. 316.193 or 
20  former s. 316.1931, the following provisions apply: 
21         (a) Upon conviction of the driver, the court, along with 
22  imposing sentence, shall revoke the driver’s license or driving 
23  privilege of the person so convicted, effective on the date of 
24  conviction, and shall prescribe the period of such revocation in 
25  accordance with the following provisions: 
26         1. Upon a first conviction for a violation of the 
27  provisions of s. 316.193, except a violation resulting in death, 
28  the driver’s license or driving privilege shall be revoked for 
29  not less than 180 days or more than 1 year. 
30         2. Upon a second conviction for an offense that occurs 
31  within a period of 5 years after the date of a prior conviction 
32  for a violation of the provisions of s. 316.193 or former s. 
33  316.1931 or a combination of such sections, the driver’s license 
34  or driving privilege shall be revoked for not less than 5 years. 
35         3. Upon a third or subsequent conviction for an offense 
36  that occurs within a period of 10 years after the date of a 
37  prior conviction for the violation of the provisions of s. 
38  316.193 or former s. 316.1931 or a combination of such sections, 
39  the driver’s license or driving privilege shall be revoked for 
40  not less than 10 years. 
41 
42  For the purposes of this paragraph, a previous conviction 
43  outside this state for driving under the influence, driving 
44  while intoxicated, driving with an unlawful blood-alcohol level, 
45  or any other alcohol-related or drug-related traffic offense 
46  similar to the offense of driving under the influence as 
47  proscribed by s. 316.193 will be considered a previous 
48  conviction for violation of s. 316.193, and a conviction for 
49  violation of former s. 316.028, former s. 316.1931, or former s. 
50  860.01 is considered a conviction for violation of s. 316.193. 
51         (e) The court shall permanently revoke the driver’s license 
52  or driving privilege of a person who has been convicted four 
53  times for violation of s. 316.193 or former s. 316.1931 or a 
54  combination of such sections. The court shall permanently revoke 
55  the driver’s license or driving privilege of any person who has 
56  been convicted of DUI manslaughter in violation of s. 316.193. 
57  If the court has not permanently revoked such driver’s license 
58  or driving privilege within 30 days after imposing sentence, the 
59  department shall permanently revoke the driver’s license or 
60  driving privilege pursuant to this paragraph. No driver’s 
61  license or driving privilege may be issued or granted to any 
62  such person. This paragraph applies only if at least one of the 
63  convictions for violation of s. 316.193 or former s. 316.1931 
64  was for a violation that occurred after July 1, 1982. For the 
65  purposes of this paragraph, a conviction for violation of former 
66  s. 316.028, former s. 316.1931, or former s. 860.01 is also 
67  considered a conviction for violation of s. 316.193. Also, a 
68  conviction of driving under the influence, driving while 
69  intoxicated, driving with an unlawful blood-alcohol level, or 
70  any other similar alcohol-related or drug-related traffic 
71  offense outside this state is considered a conviction for the 
72  purposes of this paragraph. 
73         (f)1. A person who has been convicted three or more times 
74  of a violation of s. 316.193 or former s. 316.1931 or a 
75  combination of such sections may obtain a driver’s license only 
76  upon satisfying the following conditions: 
77         a. At least 5 years have passed since the applicant’s most 
78  recent violation. 
79         b. The applicant has not been convicted of driving with a 
80  suspended or revoked license. 
81         c. The applicant has completed within the last 6 months a 
82  driver improvement course and a DUI program pursuant to s. 
83  316.193(5). 
84         2. A person receiving a license under this paragraph shall 
85  be required to install an ignition interlock device approved by 
86  the department in accordance with s. 316.1938 for a period of 
87  not less than 5 continuous years and be subject to special 
88  supervision requirements under ss. 322.271 and 322.292 and rules 
89  adopted pursuant thereto. 
90         Section 2. This act shall take effect July 1, 2010.