Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1272
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/11/2014           .                                

       Economic Development (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 419 and 420
    4  insert:
    5  Section 6. Paragraph (c) is added to subsection (2) of section
    6  316.193, Florida Statutes, present paragraphs (i) through (k) of
    7  subsection (6) of that section are redesignated as paragraphs
    8  (j) through (l), respectively, and a new paragraph (i) is added
    9  to that subsection, to read:
   10  	316.193 Driving under the influence; penalties.—
   11  	(2)
   12  	(c) In addition to the penalties in paragraph (a), the
   13  court may order the placement, at the convicted person's sole
   14  expense, of an ignition interlock device approved by the
   15  department in accordance with s. 316.1938 upon all vehicles that
   16  are individually or jointly leased or owned and routinely
   17  operated by the convicted person for not less than 6 continuous
   18  months for the first offense if, at the time of the offense, the
   19  person had a blood-alcohol level or breath-alcohol level of .08
   20  or higher, but less than .15; had not refused to submit to a
   21  lawful breath, blood, or urine test; and was not accompanied in
   22  the vehicle by a person under the age of 18 years.
   23  	(6)	With respect to any person convicted of a violation of
   24  subsection (1), regardless of any penalty imposed pursuant to
   25  subsection (2), subsection (3), or subsection (4):
   26  	(i)The court may also dismiss the order of impoundment or
   27  immobilization if the defendant provides proof to the
   28  satisfaction of the court that a functioning, certified ignition
   29  interlock device has been installed upon all vehicles that are
   30  individually or jointly leased or owned and routinely operated
   31  by the convicted person.
   32  For the purposes of this section, any conviction for a violation
   33  of s. 327.35; a previous conviction for the violation of former
   34  s. 316.1931, former s. 860.01, or former s. 316.028; or a
   35  previous conviction outside this state for driving under the
   36  influence, driving while intoxicated, driving with an unlawful
   37  blood-alcohol level, driving with an unlawful breath-alcohol
   38  level, or any other similar alcohol-related or drug-related
   39  traffic offense, is also considered a previous conviction for
   40  violation of this section. However, in satisfaction of the fine
   41  imposed pursuant to this section, the court may, upon a finding
   42  that the defendant is financially unable to pay either all or
   43  part of the fine, order that the defendant participate for a
   44  specified additional period of time in public service or a
   45  community work project in lieu of payment of that portion of the
   46  fine which the court determines the defendant is unable to pay.
   47  In determining such additional sentence, the court shall
   48  consider the amount of the unpaid portion of the fine and the
   49  reasonable value of the services to be ordered; however, the
   50  court may not compute the reasonable value of services at a rate
   51  less than the federal minimum wage at the time of sentencing.
   52         Section 7.  Subsection (7) of section 316.1937, Florida
   53  Statutes, is amended to read:
   54  	316.1937 Ignition interlock devices, requiring; unlawful
   55  acts.—
   56         	(7)	Notwithstanding the provisions of this section,
   57  if a person is required to operate a motor vehicle in the course
   58  and scope of his or her employment and if the vehicle is owned
   59  or leased by the employer, the person may operate that vehicle
   60  without installation of an approved ignition interlock device if
   61  the department receives notification that the employer has been
   62  notified of such driving privilege restriction. Proof and if
   63  proof of that notification must be is with the vehicle. This
   64  employment exemption does not apply, however, if the business
   65  entity which owns the vehicle is owned or controlled by the
   66  person whose driving privilege has been restricted.
   67         Section 8.  Section 316.1938, Florida Statutes, is amended
   68  to read:
   69  	316.1938 Ignition interlock devices, certification; warning
   70  label.—
   71  	(1)	The Department of Highway Safety and Motor Vehicles
   72  shall certify or cause to be certified the accuracy and
   73  precision of the testing breath-testing component of the
   74  ignition interlock devices as required by s. 316.1937, and shall
   75  publish a list of approved devices, together with rules
   76  governing the accuracy and precision of the testing breath
   77  testing component of such devices as adopted by rule in
   78  compliance with s. 316.1937. The cost of certification shall be
   79  borne by the manufacturers of ignition interlock devices.
   80  	(2)	No model of ignition interlock device shall be
   81  certified unless it meets or exceeds current National Highway
   82  Traffic Safety Administration standards the accuracy
   83  requirements specified by rule of the department.
   84  	(3) Providers of ignition interlock devices and services
   85  whose devices have been certified, must contract with the
   86  department to become a service provider in this state. The
   87  department shall contract with any provider whose devices have
   88  been certified and who has made a request to be a provider in
   89  this state.
   90         (4)(3) The contract between the department and all service
   91  providers of ignition interlock devices shall design and adopt
   92  by rule include all of the following provisions:
   93  	(a)	The effective and efficient installation and removal
   94  of the ignition interlock device.
   95  	(b)	The provision of services, inspection, and monitoring
   96  of the ignition interlock device.
   97  	(c) A requirement for an ignition interlock device provider
   98  to electronically transmit reports to the department regarding
   99  driver activity, bypass approval, compliance, client violations,
  100  and other reports in a format determined by the department.
  101  	(d)	A detailed implementation plan that outlines the steps
  102  and the timeframe necessary for an ignition interlock device
  103  provider to be fully operational.
  104  	(e)	The collection and remittance of all state revenues.
  105  	(f)	Corrective action to be taken if an ignition interlock
  106  device provider is out of compliance, including penalty
  107  provisions and liquidated damages.
  108  	(g) The provision of security protection for ignition
  109  interlock devices, including, but not limited to, each device
  110  being capable of recording each event and providing visual
  111  evidence of any actual or attempted tampering, alteration,
  112  bypass, or circumvention.
  113  	(h) All ignition interlock device clients who require
  114  transition of services to ensure processing and continuous
  115  monitoring are achieved.
  116  	(i) Training for service center technicians, clients, toll
  117  free help line staff, the department, and DUI programs.
  118  	(j) A requirement for an ignition interlock device provider
  119  in each judicial circuit to maintain a service center in the
  120  circuit that is readily accessible. The service center must be
  121  adequately staffed and equipped to provide all ignition
  122  interlock device support services.
  123  	(k) A transition plan for all ignition interlock device
  124  providers prior to the provider leaving the circuit to ensure
  125  that continuous monitoring is achieved.
  126  	(l) A requirement for ignition interlock device providers
  127  to have and maintain a surety bond or irrevocable letter of
  128  credit in the amount of $200,000 executed by the applicant.
  129  	(m) A requirement for ignition interlock device providers
  130  to have and maintain before the commencement of work insurance
  131  as approved by the department, including, workers compensation
  132  insurance, vendor's public liability and property damage
  133  insurance, and subcontractors public liability and property
  134  damage insurance.
  135  	(n) A requirement for ignition interlock device providers
  136  to maintain client information and financial records, including
  137  requirements for electronic storage media formats. Such records
  138  must be maintained in accordance with generally accepted
  139  accounting procedures and practices, which sufficiently and
  140  properly reflect all revenues and expenditures of funds. Such
  141  records shall be subject to inspection, review, or audit by
  142  state personnel authorized by the department.
  143  	(o) A a warning label which shall be affixed to each
  144  ignition interlock device upon installation. The label shall
  145  contain a warning that any person tampering, circumventing, or
  146  otherwise misusing the device is guilty of a violation of law
  147  and may be subject to civil liability.
  148  	(p) A provision requiring the provider to replace defective
  149  ignition interlock devices at no cost to the client.
  150         (5) An ignition interlock device provider shall access, use
  151  and maintain the confidentiality of all pertinent information
  152  received under its duties as an ignition interlock device
  153  provider in accordance with chapter 119, and the federal
  154  Driver's Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et
  155  seq.
  157  ================= T I T L E  A M E N D M E N T ================
  158  And the title is amended as follows:
  159         Delete line 23
  160  and insert:
  161         certain circumstances; amending s. 316.193, F.S.;
  162         authorizing the court to order the placement of an
  163         ignition interlock device for certain first time
  164         offenders of driving under the influence; authorizing
  165         the court to dismiss an order of impoundment or
  166         immobilization as a result of driving under the
  167         influence if the defendant provides proof to the court
  168         of the installation of a functioning, certified
  169         ignition interlock device upon certain vehicles;
  170         amending s. 316.1937, F.S.; requiring certain persons
  171         to notify the department to satisfy requirements to
  172         operate a motor vehicle in the course and scope of
  173         employment without installation of an approved
  174         ignition interlock device; amending s. 316.1938, F.S.;
  175         authorizing the department to adopt rules to implement
  176         an ignition interlock device program; requiring an
  177         ignition interlock device to meet or exceed certain
  178         standards; authorizing contract authority; requiring
  179         the department to contract with all vendors that
  180         request certification; requiring an interlock device
  181         provider to meet certain privacy standards; amending
  182         s. 316.1975, F.S.;