November 12, 2018
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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.

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