November 12, 2018
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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    5         persons whose driving privileges have been revoked;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) 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) 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) 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) 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) 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) 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.

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