Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. PCS (726940) for CS for SB 1394
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/29/2016 .
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The Committee on Fiscal Policy (Bean) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 878 - 958
4 and insert:
5 Section 17. Subsection (2) of section 322.251, Florida
6 Statutes, is amended to read:
7 322.251 Notice of cancellation, suspension, revocation, or
8 disqualification of license.—
9 (2) The giving of notice and an order of cancellation,
10 suspension, revocation, or disqualification by mail is complete
11 upon expiration of 20 days after deposit in the United States
12 mail for all notices except those issued under chapter 324 or
13 ss. 627.732–627.734, which are complete 15 days after deposit in
14 the United States mail. Proof of the giving of notice and an
15 order of cancellation, suspension, revocation, or
16 disqualification in either manner shall be made by entry in the
17 records of the department that such notice was given. The entry
18 is admissible in the courts of this state and constitutes
19 sufficient proof that such notice was given. Whenever notice is
20 given that a driving privilege will be suspended for nonpayment
21 of a fine, the department shall include in the notice a
22 statement informing the violator that, if he or she is unable to
23 pay the citation in full, he or she may avoid a suspension by
24 agreeing to a payment plan, based on his or her ability to pay,
25 which will be provided through the clerk of the court in the
26 county in which the citation was written.
27 Section 18. Subsections (1), (3), and (4) of section
28 322.2715, Florida Statutes, are amended to read:
29 322.2715 Ignition interlock device.—
30 (1) Before issuing a permanent or restricted driver license
31 under this chapter, the department shall require the placement
32 of a department-approved ignition interlock device for any
33 person convicted of committing an offense of driving under the
34 influence as specified in subsection (3), except that
35 consideration may be given to those individuals having a
36 documented medical condition that would prohibit the device from
37 functioning normally. If a medical waiver has been granted for a
38 convicted person seeking a restricted license, the convicted
39 person is shall not be entitled to a restricted license until
40 the required ignition interlock device installation period under
41 subsection (3) expires, in addition to the time requirements
42 under s. 322.271. If a medical waiver has been approved for a
43 convicted person seeking permanent reinstatement of the driver
44 license, the convicted person must be restricted to an
45 employment-purposes-only license and be supervised by a licensed
46 DUI program until the required ignition interlock device
47 installation period under subsection (3) expires. An interlock
48 device shall be placed on all vehicles that are individually or
49 jointly leased or owned and routinely operated by the convicted
50 person. Effective October 1, 2016, if a court in the Fourth
51 Judicial Circuit orders a qualified sobriety and drug monitoring
52 program as defined in s. 316.193(15) and authorized by 23 U.S.C.
53 s. 164 under the pilot program implemented under s. 316.193(16),
54 the department shall use the monitoring program as an
55 alternative to the placement of an ignition interlock device
56 required by this section.
57 (3) If the person is convicted of:
58 (a) A first offense of driving under the influence under s.
59 316.193 and has an unlawful blood-alcohol level or breath
60 alcohol level as specified in s. 316.193(1), the ignition
61 interlock device may be installed for at least 6 continuous
62 months.
63 (b) A first offense of driving under the influence under s.
64 316.193 and has an unlawful blood-alcohol level or breath
65 alcohol level as specified in s. 316.193(4), or if a person is
66 convicted of a violation of s. 316.193 and was at the time of
67 the offense accompanied in the vehicle by a person younger than
68 18 years of age, the person shall have the ignition interlock
69 device installed for at least 6 continuous months for the first
70 offense and for at least 2 continuous years for a second
71 offense.
72 (c) A second offense of driving under the influence, the
73 ignition interlock device shall be installed for a period of at
74 least 1 continuous year.
75 (d) A third offense of driving under the influence which
76 occurs within 10 years after a prior conviction for a violation
77 of s. 316.193, the ignition interlock device shall be installed
78 for a period of at least 2 continuous years.
79 (e) A third offense of driving under the influence which
80 occurs more than 10 years after the date of a prior conviction,
81 the ignition interlock device shall be installed for a period of
82 at least 2 continuous years.
83 (f) A fourth or subsequent offense of driving under the
84 influence, the ignition interlock device shall be installed for
85 a period of at least 5 years.
86
87 Effective October 1, 2016, if a court in the Fourth Judicial
88 Circuit orders a qualified sobriety and drug monitoring program
89 as defined in s. 316.193(15) and authorized by 23 U.S.C. s. 164
90 under the pilot program implemented under s. 316.193(16), the
91 department shall use the monitoring program as an alternative to
92 the placement of an ignition interlock device required by this
93 section.
94 (4) If the court fails to order the mandatory placement of
95 the ignition interlock device or fails to order for the
96 applicable period the mandatory placement of an ignition
97 interlock device under s. 316.193 or s. 316.1937 at the time of
98 imposing sentence or within 30 days thereafter, the department
99 shall immediately require that the ignition interlock device be
100 installed as provided in this section, except that consideration
101 may be given to those individuals having a documented medical
102 condition that would prohibit the device from functioning
103 normally. Effective October 1, 2016, if a court in the Fourth
104 Judicial Circuit orders a qualified sobriety and drug monitoring
105 program as defined in s. 316.193(15) and authorized by 23 U.S.C.
106 s. 164 under the pilot program implemented under s. 316.193(16),
107 the department shall use the monitoring program as an
108 alternative to the placement of an ignition interlock device
109 required by this section. This subsection applies to the
110 reinstatement of the driving privilege following a revocation,
111 suspension, or cancellation that is based upon a conviction for
112 the offense of driving under the influence which occurs on or
113 after July 1, 2005.
114 Section 19. Present subsections (2) and (3) of section
115 765.521, Florida Statutes, are redesignated as subsections (3)
116 and (4), respectively, and a new subsection (2) is added to that
117 section, to read:
118 765.521 Donations as part of driver license or
119 identification card process.—
120 (2) The department shall maintain an integrated link on its
121 website referring a visitor renewing a driver license or
122 conducting other business to the donor registry operated under
123 s. 765.5155.
124
125 ================= T I T L E A M E N D M E N T ================
126 And the title is amended as follows:
127 Delete lines 108 - 112
128 and insert:
129 322.251, F.S.; requiring the department to include in
130 a notice that a driving privilege will be suspended
131 for nonpayment of a fine a statement informing
132 violators that, if they are unable to pay their
133 citation in full to avoid suspension of their driving
134 privileges, they may avoid a suspension by agreeing to
135 a certain payment plan; amending s. 322.2715, F.S.;
136 requiring the department to use a certain qualified
137 sobriety and drug monitoring program as an alternative
138 to the placement of an ignition interlock device as of
139 a specified date under certain circumstances; amending
140 s. 765.521; requiring the department to maintain an
141 integrated link on its website referring certain
142 visitors to a donor registry; directing the Department
143 of Transportation to