THE BILL ITSELF
HB 1549
Penalties for Driving Under the Influence
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A bill to be entitled
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An act relating to penalties for driving under the
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influence; providing a short title; amending s.
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316.193, F.S.; increasing penalties for driving under
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the influence; amending s. 322.28, F.S.; increasing
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driver license or driving privilege revocation periods
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for driving under the influence; amending s. 322.271,
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F.S.; conforming provisions to changes made by the
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act; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as "Michael's Law."
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Section 2. Paragraph (a) of subsection (2) of section 316.193, Florida Statutes, is amended to read:
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316.193 Driving under the influence; penalties.—
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(2)(a) Except as provided in paragraph (b), subsection
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(3), or subsection (4), any person who is convicted of a
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violation of subsection (1) shall be punished:
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1. By a fine of:
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a. Not less than $1,000 $500 or more than $2,000 $1,000
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for a first conviction.
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b. Not less than $2,000 $1,000 or more than $3,000 $2,000
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for a second conviction; and
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2. By imprisonment for:
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a. Not more than 9 6 months for a first conviction.
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b. Not more than 12 9 months for a second conviction.
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3. For a second conviction, by mandatory placement for a
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period of at least 1 year, at the convicted person's sole
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expense, of an ignition interlock device approved by the
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department in accordance with s. 316.1938 upon all vehicles that
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are individually or jointly leased or owned and routinely
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operated by the convicted person, when the convicted person
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qualifies for a permanent or restricted license.
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The portion of a fine imposed in excess of $1,000 $500 pursuant
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to sub-subparagraph 1.a. and the portion of a fine imposed in
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excess of $2,000 $1,000 pursuant to sub-subparagraph 1.b., shall
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be remitted by the clerk to the Department of Revenue for
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deposit into the General Revenue Fund.
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Section 3. Paragraph (a) of subsection (2) and paragraph
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(a) of subsection (4) of section 322.28, Florida Statutes, are
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amended to read:
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322.28 Period of suspension or revocation.—
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(2) In a prosecution for a violation of s. 316.193 or
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former s. 316.1931, the following provisions apply:
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(a) Upon conviction of the driver, the court, along with
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imposing sentence, shall revoke the driver license or driving
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privilege of the person so convicted, effective on the date of
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conviction, and shall prescribe the period of such revocation in
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accordance with the following provisions:
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1. Upon a first conviction for a violation of the
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provisions of s. 316.193, except a violation resulting in death,
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the driver license or driving privilege shall be revoked for at
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least 3 years 180 days but not more than 5 years 1 year.
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2. Upon a second conviction for an offense that occurs
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within a period of 5 years after the date of a prior conviction
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for a violation of the provisions of s. 316.193 or former s.
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316.1931 or a combination of such sections, the driver license
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or driving privilege shall be revoked for at least 7 5 years.
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3. Upon a third conviction for an offense that occurs
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within a period of 10 years after the date of a prior conviction
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for the violation of the provisions of s. 316.193 or former s.
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316.1931 or a combination of such sections, the driver license
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or driving privilege shall be revoked for at least 10 years.
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For the purposes of this paragraph, a previous conviction
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outside this state for driving under the influence, driving
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while intoxicated, driving with an unlawful blood-alcohol level,
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or any other alcohol-related or drug-related traffic offense
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similar to the offense of driving under the influence as
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proscribed by s. 316.193 will be considered a previous
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conviction for violation of s. 316.193, and a conviction for
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violation of former s. 316.028, former s. 316.1931, or former s.
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860.01 is considered a conviction for violation of s. 316.193.
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(4)(a) Upon a conviction for a violation of s.
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316.193(3)(c)2., involving serious bodily injury, a conviction
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of manslaughter resulting from the operation of a motor vehicle,
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or a conviction of vehicular homicide, the court shall revoke
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the driver license of the person convicted for a minimum period
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of 5 3 years. If a conviction under s. 316.193(3)(c)2.,
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involving serious bodily injury, is also a subsequent conviction
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as described under paragraph (2)(a), the court shall revoke the
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driver license or driving privilege of the person convicted for
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the period applicable as provided in paragraph (2)(a) or
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paragraph (2)(d).
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Section 4. Paragraph (c) of subsection (2) of section
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322.271, Florida Statutes, is amended to read:
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322.271 Authority to modify revocation, cancellation, or
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suspension order.—
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(2) At such hearing, the person whose license has been
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suspended, canceled, or revoked may show that such suspension,
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cancellation, or revocation causes a serious hardship and
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precludes the person from carrying out his or her normal
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business occupation, trade, or employment and that the use of
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the person's license in the normal course of his or her business
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is necessary to the proper support of the person or his or her
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family.
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(c) A person whose license has been revoked for a period
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of 7 5 years or less pursuant to s. 322.28(2)(a) may, 12 months
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after the date the revocation was imposed, petition the
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department for reinstatement of his or her driving privilege on
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a restricted basis. A person whose license has been revoked for
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more than 7 5 years under s. 322.28(2)(a) may, 24 months after
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the date the revocation was imposed, petition the department for
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reinstatement of his or her driving privilege on a restricted
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basis. Reinstatement under this subsection is restricted to
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business or employment purposes only. In addition, the
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department shall require such persons upon reinstatement to have
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not driven and to have been drug free for at least 12 months
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immediately before the reinstatement, to be supervised by a DUI
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program licensed by the department, and to report to the program
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at least three times a year as required by the program for the
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duration of the revocation period for supervision. Such
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supervision includes evaluation, education, referral into
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treatment, and other activities required by the department. Such
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persons shall assume reasonable costs of supervision. If the
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person fails to comply with the required supervision, the
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program shall report the failure to the department, and the
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department shall cancel the person's driving privilege. This
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paragraph does not apply to any person whose driving privilege
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has been permanently revoked.
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Section 5. This act shall take effect October 1, 2026.