Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. PCS (376118) for CS for SB 1272
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/24/2014           .                                

       The Committee on Appropriations (Bean) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 575 and 576
    4  insert:
    5         Section 6. Paragraphs (j) and (k) of subsection (6) of
    6  section 316.193, Florida Statutes, are redesignated as
    7  paragraphs (k) and (l), respectively, and a new paragraph (j) is
    8  added to that subsection, to read:
    9         316.193 Driving under the influence; penalties.—
   10         (6) With respect to any person convicted of a violation of
   11  subsection (1), regardless of any penalty imposed pursuant to
   12  subsection (2), subsection (3), or subsection (4):
   13         (j)1.Notwithstanding the provisions of this section, s.
   14  316.1937, and s. 322.2715 relating to ignition interlock devices
   15  required for second or subsequent offenders, in order to
   16  strengthen the pretrial and posttrial options available to
   17  prosecutors and judges, the court may order, if deemed
   18  appropriate, that a person participate in a qualified sobriety
   19  and drug monitoring program, as defined in subparagraph 2., in
   20  lieu of the ignition interlock device requirement. Participation
   21  shall be at the person’s sole expense.
   22         2.As used in this paragraph, the term “qualified sobriety
   23  and drug monitoring program” means an evidence-based program,
   24  approved by the department, in which participants are regularly
   25  tested for alcohol and drug use. As the court deems appropriate,
   26  the program may monitor alcohol or drugs through one or more of
   27  the following modalities: breath testing twice a day; continuous
   28  transdermal alcohol monitoring in cases of hardship; or random
   29  blood, breath, urine, or oral fluid testing. Testing modalities
   30  that provide the best ability to sanction a violation as close
   31  in time as reasonably feasible to the occurrence of the
   32  violation should be given preference. This paragraph does not
   33  preclude a court from ordering an ignition interlock device as a
   34  testing modality.
   35         3.For purposes of this paragraph, the term “evidence-based
   36  program” means a program that satisfies the requirements of at
   37  least two of the following:
   38         a.The program is included in the federal registry of
   39  evidence-based programs and practices.
   40         b.The program has been reported in a peer-reviewed journal
   41  as having positive effects on the primary targeted outcome.
   42         c.The program has been documented as effective by informed
   43  experts and other sources.
   45  For the purposes of this section, any conviction for a violation
   46  of s. 327.35; a previous conviction for the violation of former
   47  s. 316.1931, former s. 860.01, or former s. 316.028; or a
   48  previous conviction outside this state for driving under the
   49  influence, driving while intoxicated, driving with an unlawful
   50  blood-alcohol level, driving with an unlawful breath-alcohol
   51  level, or any other similar alcohol-related or drug-related
   52  traffic offense, is also considered a previous conviction for
   53  violation of this section. However, in satisfaction of the fine
   54  imposed pursuant to this section, the court may, upon a finding
   55  that the defendant is financially unable to pay either all or
   56  part of the fine, order that the defendant participate for a
   57  specified additional period of time in public service or a
   58  community work project in lieu of payment of that portion of the
   59  fine which the court determines the defendant is unable to pay.
   60  In determining such additional sentence, the court shall
   61  consider the amount of the unpaid portion of the fine and the
   62  reasonable value of the services to be ordered; however, the
   63  court may not compute the reasonable value of services at a rate
   64  less than the federal minimum wage at the time of sentencing.
   66  ================= T I T L E  A M E N D M E N T ================
   67  And the title is amended as follows:
   68         Between lines 22 and 23
   69  insert:
   70         amending s. 316.193, F.S.; authorizing the court to
   71         order sobriety and drug monitoring in lieu of
   72         specified ignition interlock device requirements;
   73         defining terms;