Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 1394
Ì336412xÎ336412
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/27/2016 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Transportation (Simpson) recommended the
following:
1 Senate Substitute for Amendment (927104) (with title
2 amendment)
3
4 Between lines 174 and 175
5 insert:
6 Section 4. Subsection (2), paragraph (c) of subsection (4),
7 paragraph (j) of subsection (6), and subsection (11) of section
8 316.193, Florida Statutes, are amended, and subsection (15) is
9 added to that section, to read:
10 316.193 Driving under the influence; penalties.—
11 (2)(a) Except as provided in paragraph (b), subsection (3),
12 or subsection (4), any person who is convicted of a violation of
13 subsection (1) shall be punished:
14 1. By a fine of:
15 a. Not less than $500 or more than $1,000 for a first
16 conviction.
17 b. Not less than $1,000 or more than $2,000 for a second
18 conviction; and
19 2. By imprisonment for:
20 a. Not more than 6 months for a first conviction.
21 b. Not more than 9 months for a second conviction.
22 3. For a second conviction, by mandatory placement for a
23 period of at least 1 year, at the convicted person’s sole
24 expense, of an ignition interlock device approved by the
25 department in accordance with s. 316.1938 upon all vehicles that
26 are individually or jointly leased or owned and routinely
27 operated by the convicted person, when the convicted person
28 qualifies for a permanent or restricted license. The
29 installation of such device may not occur before July 1, 2003.
30 Effective October 1, 2016, the court shall order a qualified
31 sobriety and drug monitoring program as defined in subsection
32 (15) and authorized by 23 U.S.C. s. 164 in addition to the
33 placement of an ignition interlock device required by this
34 section.
35 (b)1. Any person who is convicted of a third violation of
36 this section for an offense that occurs within 10 years after a
37 prior conviction for a violation of this section commits a
38 felony of the third degree, punishable as provided in s.
39 775.082, s. 775.083, or s. 775.084. In addition, the court shall
40 order the mandatory placement for a period of not less than 2
41 years, at the convicted person’s sole expense, of an ignition
42 interlock device approved by the department in accordance with
43 s. 316.1938 upon all vehicles that are individually or jointly
44 leased or owned and routinely operated by the convicted person,
45 when the convicted person qualifies for a permanent or
46 restricted license. The installation of such device may not
47 occur before July 1, 2003. Effective October 1, 2016, the court
48 shall order a qualified sobriety and drug monitoring program as
49 defined in subsection (15) and authorized by 23 U.S.C. s. 164 in
50 addition to the placement of an ignition interlock device
51 required by this section.
52 2. Any person who is convicted of a third violation of this
53 section for an offense that occurs more than 10 years after the
54 date of a prior conviction for a violation of this section shall
55 be punished by a fine of not less than $2,000 or more than
56 $5,000 and by imprisonment for not more than 12 months. In
57 addition, the court shall order the mandatory placement for a
58 period of at least 2 years, at the convicted person’s sole
59 expense, of an ignition interlock device approved by the
60 department in accordance with s. 316.1938 upon all vehicles that
61 are individually or jointly leased or owned and routinely
62 operated by the convicted person, when the convicted person
63 qualifies for a permanent or restricted license. The
64 installation of such device may not occur before July 1, 2003.
65 Effective October 1, 2016, the court shall order a qualified
66 sobriety and drug monitoring program as defined in subsection
67 (15) and authorized by 23 U.S.C. s. 164 in addition to the
68 placement of an ignition interlock device required by this
69 section.
70 3. Any person who is convicted of a fourth or subsequent
71 violation of this section, regardless of when any prior
72 conviction for a violation of this section occurred, commits a
73 felony of the third degree, punishable as provided in s.
74 775.082, s. 775.083, or s. 775.084. However, the fine imposed
75 for such fourth or subsequent violation may be not less than
76 $2,000.
77 (c) In addition to the penalties in paragraph (a), the
78 court may order placement, at the convicted person’s sole
79 expense, of an ignition interlock device approved by the
80 department in accordance with s. 316.1938 for at least 6
81 continuous months upon all vehicles that are individually or
82 jointly leased or owned and routinely operated by the convicted
83 person if, at the time of the offense, the person had a blood
84 alcohol level or breath-alcohol level of .08 or higher.
85 Effective October 1, 2016, the court shall order a qualified
86 sobriety and drug monitoring program as defined in subsection
87 (15) and authorized by 23 U.S.C. s. 164 in addition to the
88 placement of an ignition interlock device required by this
89 section.
90 (4) Any person who is convicted of a violation of
91 subsection (1) and who has a blood-alcohol level or breath
92 alcohol level of 0.15 or higher, or any person who is convicted
93 of a violation of subsection (1) and who at the time of the
94 offense was accompanied in the vehicle by a person under the age
95 of 18 years, shall be punished:
96 (c) In addition to the penalties in paragraphs (a) and (b),
97 the court shall order the mandatory placement, at the convicted
98 person’s sole expense, of an ignition interlock device approved
99 by the department in accordance with s. 316.1938 upon all
100 vehicles that are individually or jointly leased or owned and
101 routinely operated by the convicted person for not less than 6
102 continuous months for the first offense and for not less than 2
103 continuous years for a second offense, when the convicted person
104 qualifies for a permanent or restricted license. Effective
105 October 1, 2016, the court shall order a qualified sobriety and
106 drug monitoring program as defined in subsection (15) and
107 authorized by 23 U.S.C. s. 164 in addition to the placement of
108 an ignition interlock device required by this section.
109 (6) With respect to any person convicted of a violation of
110 subsection (1), regardless of any penalty imposed pursuant to
111 subsection (2), subsection (3), or subsection (4):
112 (j)1. Notwithstanding the provisions of this section, s.
113 316.1937, and s. 322.2715 relating to ignition interlock devices
114 required for second or subsequent offenders, in order to
115 strengthen the pretrial and posttrial options available to
116 prosecutors and judges, the court shall may order, if deemed
117 appropriate, that a person participate in a qualified sobriety
118 and drug monitoring program, as defined in subsection (15)
119 subparagraph 2., in addition to the ignition interlock device
120 requirement. Participation is shall be at the person’s sole
121 expense.
122 2. As used in this paragraph, the term “qualified sobriety
123 and drug monitoring program” means an evidence-based program,
124 approved by the department, in which participants are regularly
125 tested for alcohol and drug use. As the court deems appropriate,
126 the program may monitor alcohol or drugs through one or more of
127 the following modalities: breath testing twice a day; continuous
128 transdermal alcohol monitoring in cases of hardship; or random
129 blood, breath, urine, or oral fluid testing. Testing modalities
130 that provide the best ability to sanction a violation as close
131 in time as reasonably feasible to the occurrence of the
132 violation should be given preference. This paragraph does not
133 preclude a court from ordering an ignition interlock device as a
134 testing modality.
135 3. For purposes of this paragraph, the term “evidence-based
136 program” means a program that satisfies the requirements of at
137 least two of the following:
138 a. The program is included in the federal registry of
139 evidence-based programs and practices.
140 b. The program has been reported in a peer-reviewed journal
141 as having positive effects on the primary targeted outcome.
142 c. The program has been documented as effective by informed
143 experts and other sources.
144
145 For the purposes of this section, any conviction for a violation
146 of s. 327.35; a previous conviction for the violation of former
147 s. 316.1931, former s. 860.01, or former s. 316.028; or a
148 previous conviction outside this state for driving under the
149 influence, driving while intoxicated, driving with an unlawful
150 blood-alcohol level, driving with an unlawful breath-alcohol
151 level, or any other similar alcohol-related or drug-related
152 traffic offense, is also considered a previous conviction for
153 violation of this section. However, in satisfaction of the fine
154 imposed pursuant to this section, the court may, upon a finding
155 that the defendant is financially unable to pay either all or
156 part of the fine, order that the defendant participate for a
157 specified additional period of time in public service or a
158 community work project in lieu of payment of that portion of the
159 fine which the court determines the defendant is unable to pay.
160 In determining such additional sentence, the court shall
161 consider the amount of the unpaid portion of the fine and the
162 reasonable value of the services to be ordered; however, the
163 court may not compute the reasonable value of services at a rate
164 less than the federal minimum wage at the time of sentencing.
165 (11) The Department of Highway Safety and Motor Vehicles is
166 directed to adopt rules providing for the implementation of the
167 use of ignition interlock devices and qualified sobriety and
168 drug monitoring programs defined in subsection (15).
169 (15) As used in this chapter and chapter 322, the term
170 “qualified sobriety and drug monitoring program” means an
171 evidence-based program, approved by the department, in which
172 participants are regularly tested for alcohol and drug use. As
173 the court deems appropriate, the program may monitor alcohol or
174 drugs through one or more of the following modalities: breath
175 testing twice a day; continuous transdermal alcohol monitoring
176 in cases of hardship; or random blood, breath, urine, drug
177 patch, or oral fluid testing. Testing modalities that detect a
178 violation as soon after it occurs as is reasonably feasible
179 should be given preference. Participation is at the person’s
180 sole expense. The term “evidence-based program” means a program
181 that satisfies at least two of the following requirements:
182 (a) The program is included in the federal registry of
183 evidence-based programs and practices.
184 (b) The program has been reported in a peer-reviewed
185 journal as having positive effects on the primary targeted
186 outcome.
187 (c) The program has been documented as effective by
188 informed experts and other sources.
189 ================= T I T L E A M E N D M E N T ================
190 And the title is amended as follows:
191 Delete line 15
192 and insert:
193 certain tasks on the roadside; amending s. 316.193,
194 F.S.; requiring, as of a specified date, that the
195 court order a certain qualified sobriety and drug
196 monitoring program in addition to the placement of an
197 ignition interlock device; deleting provisions
198 relating to a qualified sobriety and drug monitoring
199 program; directing the department to adopt rules
200 providing for the implementation of the use of certain
201 qualified sobriety and drug monitoring programs;
202 redefining the terms “qualified sobriety and drug
203 monitoring program” and “evidence-based program”;
204 providing requirements for the program; amending s.
205 316.303,