SB377,83,162
343.305
(10) (d) The assessment report shall order compliance with a driver
3safety plan. The report shall inform the person of the fee provisions under s. 46.03
4(18) (f). The driver safety plan may include a component that makes the person
5aware of the effect of his or her offense on a victim and a victim's family. The driver
6safety plan may include treatment for the person's misuse, abuse or dependence on
7alcohol,
tetrahydrocannabinols, controlled substances or controlled substance
8analogs, attendance at a school under s. 345.60, or both. If the plan requires
9inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan
10under this paragraph shall include a termination date consistent with the plan
11which shall not extend beyond one year. The county department under s. 51.42 shall
12assure notification of the department of transportation and the person of the person's
13compliance or noncompliance with assessment and treatment. The school under s.
14345.60 shall notify the department, the county department under s. 51.42 and the
15person of the person's compliance or noncompliance with the requirements of the
16school. Nonpayment of the assessment fee or, if the person has the ability to pay,
17nonpayment of the driver safety plan fee is noncompliance with the court order. If
18the department is notified of noncompliance, other than for nonpayment of the
19assessment fee or driver safety plan fee, it shall revoke the person's operating
20privilege until the county department under s. 51.42 or the school under s. 345.60
21notifies the department that the person is in compliance with assessment or the
22driver safety plan. If the department is notified that a person has not paid the
23assessment fee, or that a person with the ability to pay has not paid the driver safety
24plan fee, the department shall suspend the person's operating privilege for a period
25of 2 years or until it receives notice that the person has paid the fee, whichever occurs
1first. The department shall notify the person of the suspension or revocation, the
2reason for the suspension or revocation and the person's right to a review. A person
3may request a review of a revocation based upon failure to comply with a driver safety
4plan within 10 days of notification. The review shall be handled by the subunit of
5the department of transportation designated by the secretary. The issues at the
6review are limited to whether the driver safety plan, if challenged, is appropriate and
7whether the person is in compliance with the assessment order or the driver safety
8plan. The review shall be conducted within 10 days after a request is received. If the
9driver safety plan is determined to be inappropriate, the department shall order a
10reassessment and if the person is otherwise eligible, the department shall reinstate
11the person's operating privilege. If the person is determined to be in compliance with
12the assessment or driver safety plan, and if the person is otherwise eligible, the
13department shall reinstate the person's operating privilege. If there is no decision
14within the 10-day period, the department shall issue an order reinstating the
15person's operating privilege until the review is completed, unless the delay is at the
16request of the person seeking the review.
SB377,138
17Section 138
. 343.305 (10) (em) of the statutes is amended to read:
SB377,84,318
343.305
(10) (em) One penalty for improperly refusing to submit to a test for
19intoxication regarding a person arrested for a violation of s. 346.63 (2m)
, (2p), or (7)
20or a local ordinance in conformity therewith is revocation of the person's operating
21privilege for 6 months. If there was a minor passenger under 16 years of age in the
22motor vehicle at the time of the incident that gave rise to the improper refusal, the
23revocation period is 12 months. After the first 15 days of the revocation period, the
24person is eligible for an occupational license under s. 343.10. Any such improper
25refusal or revocation for the refusal does not count as a prior refusal or a prior
1revocation under this section or ss. 343.30 (1q), 343.307 and 346.65 (2). The person
2shall not be required to submit to and comply with any assessment or driver safety
3plan under pars. (c) and (d).
SB377,139
4Section 139
. 343.307 (1) (d) of the statutes is amended to read:
SB377,84,125
343.307
(1) (d) Convictions under the law of another jurisdiction that prohibits
6a person from refusing chemical testing or using a motor vehicle while intoxicated
7or under the influence of a controlled substance or controlled substance analog, or
8a combination thereof; with an excess or specified range of alcohol
or
9tetrahydrocannabinols concentration; while under the influence of any drug to a
10degree that renders the person incapable of safely driving; or while having a
11detectable amount of a restricted controlled substance in his or her blood, as those
12or substantially similar terms are used in that jurisdiction's laws.
SB377,140
13Section 140
. 343.307 (2) (e) of the statutes is amended to read:
SB377,84,2114
343.307
(2) (e) Convictions under the law of another jurisdiction that prohibits
15a person from refusing chemical testing or using a motor vehicle while intoxicated
16or under the influence of a controlled substance or controlled substance analog, or
17a combination thereof; with an excess or specified range of alcohol
or
18tetrahydrocannabinols concentration; while under the influence of any drug to a
19degree that renders the person incapable of safely driving; or while having a
20detectable amount of a restricted controlled substance in his or her blood, as those
21or substantially similar terms are used in that jurisdiction's laws.
SB377,141
22Section 141
. 343.31 (1) (am) of the statutes is amended to read:
SB377,85,623
343.31
(1) (am) Injury by the operation of a vehicle while under the influence
24of an intoxicant,
tetrahydrocannabinols, a controlled substance or a controlled
25substance analog, or any combination of an intoxicant,
tetrahydrocannabinols, a
1controlled substance and a controlled substance analog, under the influence of any
2other drug to a degree which renders him or her incapable of safely driving, or under
3the combined influence of an intoxicant and any other drug to a degree which renders
4him or her incapable of safely driving or while the person has a detectable amount
5of a restricted controlled substance in his or her blood or has a prohibited alcohol
or
6tetrahydrocannabinols concentration and which is criminal under s. 346.63 (2).
SB377,142
7Section 142
. 343.31 (2) of the statutes is amended to read:
SB377,85,228
343.31
(2) The department shall revoke the operating privilege of any resident
9upon receiving notice of the conviction of such person in another jurisdiction for an
10offense therein which, if committed in this state, would have been cause for
11revocation under this section or for revocation under s. 343.30 (1q). Such offenses
12shall include violation of any law of another jurisdiction that prohibits a person from
13using a motor vehicle while intoxicated or under the influence of a controlled
14substance or controlled substance analog, or a combination thereof; with an excess
15or specified range of alcohol
or tetrahydrocannabinols concentration; while under
16the influence of any drug to a degree that renders the person incapable of safely
17driving; or while having a detectable amount of a restricted controlled substance in
18his or her blood, as those or substantially similar terms are used in that jurisdiction's
19laws. Upon receiving similar notice with respect to a nonresident, the department
20shall revoke the privilege of the nonresident to operate a motor vehicle in this state.
21Such revocation shall not apply to the operation of a commercial motor vehicle by a
22nonresident who holds a valid commercial driver license issued by another state.
SB377,143
23Section 143
. 343.315 (2) (a) 2. of the statutes is amended to read:
SB377,86,524
343.315
(2) (a) 2. Section 346.63 (1) (b) or (5) (a) or a local ordinance in
25conformity therewith or a law of a federally recognized American Indian tribe or
1band in this state in conformity with s. 346.63 (1) (b) or (5) (a) or the law of another
2jurisdiction prohibiting driving or operating a commercial motor vehicle while the
3person's alcohol concentration is 0.04 or more or with an excess or specified range of
4alcohol
or tetrahydrocannabinols concentration, as those or substantially similar
5terms are used in that jurisdiction's laws.
SB377,144
6Section 144
. 343.315 (2) (a) 5. of the statutes is amended to read:
SB377,86,147
343.315
(2) (a) 5. Section 343.305 (7) or (9) or a local ordinance in conformity
8therewith or a law of a federally recognized American Indian tribe or band in this
9state in conformity with s. 343.305 (7) or (9) or the law of another jurisdiction
10prohibiting refusal of a person driving or operating a motor vehicle to submit to
11chemical testing to determine the person's alcohol
or tetrahydrocannabinols 12concentration or intoxication or the amount of a restricted controlled substance in
13the person's blood, or prohibiting positive results from such chemical testing, as
14those or substantially similar terms are used in that jurisdiction's laws.
SB377,145
15Section 145
. 343.315 (2) (a) 6. of the statutes is amended to read:
SB377,87,216
343.315
(2) (a) 6. Section 346.63 (2) or (6), 940.09 (1) or 940.25 or a law of a
17federally recognized American Indian tribe or band in this state in conformity with
18s. 346.63 (2) or (6), 940.09 (1) or 940.25, or the law of another jurisdiction prohibiting
19causing or inflicting injury, great bodily harm or death through use of a motor vehicle
20while intoxicated or under the influence of alcohol,
tetrahydrocannabinols, a
21controlled substance, a controlled substance analog or a combination thereof, or with
22an alcohol concentration of 0.04 or more or with an excess or specified range of alcohol
23or tetrahydrocannabinols concentration, while under the influence of any drug to a
24degree that renders the person incapable of safely driving, or while having a
1detectable amount of a restricted controlled substance in the person's blood, as those
2or substantially similar terms are used in that jurisdiction's laws.
SB377,146
3Section 146
. 343.315 (2) (bm) 2. of the statutes is amended to read:
SB377,87,64
343.315
(2) (bm) 2. The offense relates to a vehicle operator's alcohol
or
5tetrahydrocannabinols concentration or intoxication or the amount of a restricted
6controlled substance in the operator's blood.
SB377,147
7Section 147
. 343.32 (2) (bj) of the statutes is amended to read:
SB377,87,128
343.32
(2) (bj) The scale adopted by the secretary shall assess, for each
9conviction, 6 demerit points for a violation of s. 346.63 (6), 4 demerit points for a
10violation of s. 346.63 (2m)
or (2p), and 3 demerit points for a violation of s. 346.63 (7)
11(a) 3. The scale adopted by the secretary shall not assess any demerit points for
12conviction of a violation of s. 346.63 (5) or (7) (a) 1. or 2.
SB377,148
13Section 148
. 343.38 (1) (d) 2. of the statutes is amended to read:
SB377,87,1814
343.38
(1) (d) 2. Not more than 45 days before applying for reinstatement, the
15person submits to and complies with an assessment by an approved public treatment
16facility, as defined in s. 51.45 (2) (c), for examination of the person's use of alcohol,
17tetrahydrocannabinols, controlled substances, or controlled substance analogs and
18development of a driver safety plan for the person.
SB377,149
19Section 149
. 343.44 (1) (a) of the statutes is amended to read:
SB377,88,420
343.44
(1) (a)
Operating while suspended. No person whose operating privilege
21has been duly suspended under the laws of this state may operate a motor vehicle
22upon any highway in this state during the period of suspension or in violation of any
23restriction on an occupational license issued to the person during the period of
24suspension. A person's knowledge that his or her operating privilege is suspended
25is not an element of the offense under this paragraph. In this paragraph, “
restriction
1on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to
2hours of the day, area, routes or purpose of travel, vehicles allowed to be operated,
3use of an ignition interlock device, sobriety or use of alcohol,
tetrahydrocannabinols, 4controlled substances or controlled substance analogs.
SB377,150
5Section 150
. 343.44 (1) (b) of the statutes is amended to read:
SB377,88,156
343.44
(1) (b)
Operating while revoked. No person whose operating privilege
7has been duly revoked under the laws of this state may operate a motor vehicle upon
8any highway in this state during the period of revocation or in violation of any
9restriction on an occupational license issued to the person during the period of
10revocation. A person's knowledge that his or her operating privilege is revoked is not
11an element of the offense under this paragraph. In this paragraph, “restriction on
12an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to
13hours of the day, area, routes or purpose of travel, vehicles allowed to be operated,
14use of an ignition interlock device, sobriety or use of alcohol,
tetrahydrocannabinols, 15controlled substances or controlled substance analogs.
SB377,151
16Section 151
. 344.576 (2) (b) of the statutes is amended to read:
SB377,88,2017
344.576
(2) (b) The damage occurs while the renter or authorized driver
18operates the private passenger vehicle in this state while under the influence of an
19intoxicant or other drug, as described under s. 346.63 (1) (a), (am), or (b)
or, (2m)
, or
20(2p).