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

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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 CS for SB 924 
 
By the Committees on Criminal Justice; and Transportation; and 
Senator Wise 
591-04775-10                                           2010924c2 
1                        A bill to be entitled 
2         An act relating to driver’s licenses; amending s. 
3         322.271, F.S.; providing procedures for the 
4         restoration of the driving privileges of certain 
5         persons whose driving privileges have been revoked; 
6         providing for a hearing; providing for the adoption of 
7         rules; providing a phase-in period; amending s. 
8         322.2715, F.S.; requiring the installation of an 
9         ignition interlock device under certain circumstances; 
10         providing effective dates. 
11 
12  Be It Enacted by the Legislature of the State of Florida: 
13 
14         Section 1. Effective October 1, 2010, present subsection 
15  (5) of section 322.271, Florida Statutes, is renumbered as 
16  subsection (6), and a new subsection (5) is added to that 
17  section, to read: 
18         322.271 Authority to modify revocation, cancellation, or 
19  suspension order.— 
20         (5) Notwithstanding the provisions of s. 322.28(2)(e), a 
21  person whose driving privilege has been permanently revoked 
22  because he or she has been convicted four or more times of 
23  violating s. 316.193 or former s. 316.1931 may, upon the 
24  expiration of 10 years after the date of the last conviction or 
25  the expiration of 10 years after the termination of any 
26  incarceration under s. 316.193 or former s. 316.1931, whichever 
27  is later, petition the department for reinstatement of his or 
28  her driving privilege. 
29         (a) Within 30 days after receipt of a petition, the 
30  department shall provide for a hearing, at which the petitioner 
31  must demonstrate that he or she: 
32         1. Has not been arrested for a drug-related offense for at 
33  least 5 years prior to filing the petition; 
34         2. Has not driven a motor vehicle without a license for at 
35  least 5 years prior to the hearing; 
36         3. Has been drug-free for at least 5 years prior to the 
37  hearing; and 
38         4. Has completed a DUI program licensed by the department. 
39         (b)Â At the hearing, the department shall determine the 
40  petitioner’s qualification, fitness, and need to drive, and may, 
41  after such determination, reinstate the petitioner’s driver’s 
42  license. The reinstatement shall be subject to the following 
43  qualifications: 
44         1. The petitioner’s license must be restricted for 
45  employment purposes for not less than 1 year; and 
46         2. The petitioner must be supervised by a DUI program 
47  licensed by the department and must report to the program for 
48  supervision and education at least four times a year or more, as 
49  required by the program, for the remainder of the revocation 
50  period. The supervision shall include evaluation, education, 
51  referral into treatment, and other activities required by the 
52  department. 
53         (c)Â The petitioner must assume the reasonable costs of 
54  supervision. If the petitioner does not comply with the required 
55  supervision, the program shall report the failure to the 
56  department, and the department shall cancel such person’s 
57  driving privilege. 
58         (d)Â If, after reinstatement, the petitioner is convicted of 
59  an offense for which mandatory license revocation is required, 
60  the department shall revoke his or her driving privilege. 
61         (e) The department shall adopt rules regulating the 
62  services provided by DUI programs pursuant to this section. 
63         Section 2. Effective October 1, 2011, subsection (5) of 
64  section 322.271, Florida Statutes, as created by this act, is 
65  amended to read: 
66         322.271 Authority to modify revocation, cancellation, or 
67  suspension order.— 
68         (5) Notwithstanding the provisions of s. 322.28(2)(e), a 
69  person whose driving privilege has been permanently revoked 
70  because he or she has been convicted four or more times of 
71  violating s. 316.193 or former s. 316.1931 may, upon the 
72  expiration of 5 10 years after the date of the last conviction 
73  or the expiration of 5 10 years after the termination of any 
74  incarceration under s. 316.193 or former s. 316.1931, whichever 
75  is later, petition the department for reinstatement of his or 
76  her driving privilege. 
77         (a) Within 30 days after receipt of a petition, the 
78  department shall provide for a hearing, at which the petitioner 
79  must demonstrate that he or she: 
80         1. Has not been arrested for a drug-related offense for at 
81  least 5 years prior to filing the petition; 
82         2. Has not driven a motor vehicle without a license for at 
83  least 5 years prior to the hearing; 
84         3. Has been drug-free for at least 5 years prior to the 
85  hearing; and 
86         4. Has completed a DUI program licensed by the department. 
87         (b)Â At the hearing, the department shall determine the 
88  petitioner’s qualification, fitness, and need to drive, and may, 
89  after such determination, reinstate the petitioner’s driver’s 
90  license. The reinstatement shall be subject to the following 
91  qualifications: 
92         1. The petitioner’s license must be restricted for 
93  employment purposes for not less than 1 year; and 
94         2. The petitioner must be supervised by a DUI program 
95  licensed by the department and must report to the program for 
96  supervision and education at least four times a year or more, as 
97  required by the program, for the remainder of the revocation 
98  period. The supervision shall include evaluation, education, 
99  referral into treatment, and other activities required by the 
100  department. 
101         (c)Â The petitioner must assume the reasonable costs of 
102  supervision. If the petitioner does not comply with the required 
103  supervision, the program shall report the failure to the 
104  department, and the department shall cancel such person’s 
105  driving privilege. 
106         (d)Â If, after reinstatement, the petitioner is convicted of 
107  an offense for which mandatory license revocation is required, 
108  the department shall revoke his or her driving privilege. 
109         (e) The department shall adopt rules regulating the 
110  services provided by DUI programs pursuant to this section. 
111         Section 3. Paragraph (e) is added to subsection (3) of 
112  section 322.2715, Florida Statutes, to read: 
113         322.2715 Ignition interlock device.— 
114         (3) If the person is convicted of: 
115         (e) A fourth or subsequent offense of driving under the 
116  influence, the ignition interlock device shall be installed for 
117  a period of not less than 5 years. 
118         Section 4. Except as otherwise expressly provided in this 
119  act, this act shall take effect July 1, 2010.