Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1394
       
       
       
       
       
       
                                Ì927104zÎ927104                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: PEND           .                                
                  01/27/2016           .                                
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       The Committee on Transportation (Simpson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 174 and 175
    4  insert:
    5         Section 4. Subsection (2), paragraph (c) of subsection (4),
    6  paragraph (j) of subsection (6), and subsection (11) of section
    7  316.193, Florida Statutes, are amended, paragraphs (k), (l), and
    8  (m) of subsection (6) of that section are redesignated as (j),
    9  (k), and (l), respectively, and subsection (15) is added to that
   10  section, to read:
   11         316.193 Driving under the influence; penalties.—
   12         (2)(a) Except as provided in paragraph (b), subsection (3),
   13  or subsection (4), any person who is convicted of a violation of
   14  subsection (1) shall be punished:
   15         1. By a fine of:
   16         a. Not less than $500 or more than $1,000 for a first
   17  conviction.
   18         b. Not less than $1,000 or more than $2,000 for a second
   19  conviction; and
   20         2. By imprisonment for:
   21         a. Not more than 6 months for a first conviction.
   22         b. Not more than 9 months for a second conviction.
   23         3. For a second conviction, by mandatory placement for a
   24  period of at least 1 year, at the convicted person’s sole
   25  expense, of an ignition interlock device approved by the
   26  department in accordance with s. 316.1938 upon all vehicles that
   27  are individually or jointly leased or owned and routinely
   28  operated by the convicted person, when the convicted person
   29  qualifies for a permanent or restricted license. The
   30  installation of such device may not occur before July 1, 2003.
   31  Effective October 1, 2016, a qualified sobriety and drug
   32  monitoring program as defined in subsection (15) and authorized
   33  by 23 U.S.C. s. 164 may be ordered by the court as an
   34  alternative to the placement of an ignition interlock device
   35  required by this section.
   36         (b)1. Any person who is convicted of a third violation of
   37  this section for an offense that occurs within 10 years after a
   38  prior conviction for a violation of this section commits a
   39  felony of the third degree, punishable as provided in s.
   40  775.082, s. 775.083, or s. 775.084. In addition, the court shall
   41  order the mandatory placement for a period of not less than 2
   42  years, at the convicted person’s sole expense, of an ignition
   43  interlock device approved by the department in accordance with
   44  s. 316.1938 upon all vehicles that are individually or jointly
   45  leased or owned and routinely operated by the convicted person,
   46  when the convicted person qualifies for a permanent or
   47  restricted license. The installation of such device may not
   48  occur before July 1, 2003. Effective October 1, 2016, a
   49  qualified sobriety and drug monitoring program as defined in
   50  subsection (15) and authorized by 23 U.S.C. s. 164 may be
   51  ordered by the court as an alternative to the placement of an
   52  ignition interlock device required by this section.
   53         2. Any person who is convicted of a third violation of this
   54  section for an offense that occurs more than 10 years after the
   55  date of a prior conviction for a violation of this section shall
   56  be punished by a fine of not less than $2,000 or more than
   57  $5,000 and by imprisonment for not more than 12 months. In
   58  addition, the court shall order the mandatory placement for a
   59  period of at least 2 years, at the convicted person’s sole
   60  expense, of an ignition interlock device approved by the
   61  department in accordance with s. 316.1938 upon all vehicles that
   62  are individually or jointly leased or owned and routinely
   63  operated by the convicted person, when the convicted person
   64  qualifies for a permanent or restricted license. The
   65  installation of such device may not occur before July 1, 2003.
   66  Effective October 1, 2016, a qualified sobriety and drug
   67  monitoring program as defined in subsection (15) and authorized
   68  by 23 U.S.C. s. 164 may be ordered by the court as an
   69  alternative to the placement of an ignition interlock device
   70  required by this section.
   71         3. Any person who is convicted of a fourth or subsequent
   72  violation of this section, regardless of when any prior
   73  conviction for a violation of this section occurred, commits a
   74  felony of the third degree, punishable as provided in s.
   75  775.082, s. 775.083, or s. 775.084. However, the fine imposed
   76  for such fourth or subsequent violation may be not less than
   77  $2,000.
   78         (c) In addition to the penalties in paragraph (a), the
   79  court may order placement, at the convicted person’s sole
   80  expense, of an ignition interlock device approved by the
   81  department in accordance with s. 316.1938 for at least 6
   82  continuous months upon all vehicles that are individually or
   83  jointly leased or owned and routinely operated by the convicted
   84  person if, at the time of the offense, the person had a blood
   85  alcohol level or breath-alcohol level of .08 or higher.
   86  Effective October 1, 2016, a qualified sobriety and drug
   87  monitoring program as defined in subsection (15) and authorized
   88  by 23 U.S.C. s. 164 may be ordered by the court as an
   89  alternative to the placement of an ignition interlock device
   90  required by this section.
   91         (4) Any person who is convicted of a violation of
   92  subsection (1) and who has a blood-alcohol level or breath
   93  alcohol level of 0.15 or higher, or any person who is convicted
   94  of a violation of subsection (1) and who at the time of the
   95  offense was accompanied in the vehicle by a person under the age
   96  of 18 years, shall be punished:
   97         (c) In addition to the penalties in paragraphs (a) and (b),
   98  the court shall order the mandatory placement, at the convicted
   99  person’s sole expense, of an ignition interlock device approved
  100  by the department in accordance with s. 316.1938 upon all
  101  vehicles that are individually or jointly leased or owned and
  102  routinely operated by the convicted person for not less than 6
  103  continuous months for the first offense and for not less than 2
  104  continuous years for a second offense, when the convicted person
  105  qualifies for a permanent or restricted license. Effective
  106  October 1, 2016, a qualified sobriety and drug monitoring
  107  program as defined in subsection (15) and authorized by 23
  108  U.S.C. s. 164 may be ordered by the court as an alternative to
  109  the placement of an ignition interlock device required by this
  110  section.
  111         (6) With respect to any person convicted of a violation of
  112  subsection (1), regardless of any penalty imposed pursuant to
  113  subsection (2), subsection (3), or subsection (4):
  114         (j)1.Notwithstanding the provisions of this section, s.
  115  316.1937, and s. 322.2715 relating to ignition interlock devices
  116  required for second or subsequent offenders, in order to
  117  strengthen the pretrial and posttrial options available to
  118  prosecutors and judges, the court may order, if deemed
  119  appropriate, that a person participate in a qualified sobriety
  120  and drug monitoring program, as defined in subparagraph 2., in
  121  addition to the ignition interlock device requirement.
  122  Participation shall be at the person’s sole expense.
  123         2.As used in this paragraph, the term “qualified sobriety
  124  and drug monitoring program” means an evidence-based program,
  125  approved by the department, in which participants are regularly
  126  tested for alcohol and drug use. As the court deems appropriate,
  127  the program may monitor alcohol or drugs through one or more of
  128  the following modalities: breath testing twice a day; continuous
  129  transdermal alcohol monitoring in cases of hardship; or random
  130  blood, breath, urine, or oral fluid testing. Testing modalities
  131  that provide the best ability to sanction a violation as close
  132  in time as reasonably feasible to the occurrence of the
  133  violation should be given preference. This paragraph does not
  134  preclude a court from ordering an ignition interlock device as a
  135  testing modality.
  136         3.For purposes of this paragraph, the term “evidence-based
  137  program” means a program that satisfies the requirements of at
  138  least two of the following:
  139         a.The program is included in the federal registry of
  140  evidence-based programs and practices.
  141         b.The program has been reported in a peer-reviewed journal
  142  as having positive effects on the primary targeted outcome.
  143         c.The program has been documented as effective by informed
  144  experts and other sources.
  145  
  146  For the purposes of this section, any conviction for a violation
  147  of s. 327.35; a previous conviction for the violation of former
  148  s. 316.1931, former s. 860.01, or former s. 316.028; or a
  149  previous conviction outside this state for driving under the
  150  influence, driving while intoxicated, driving with an unlawful
  151  blood-alcohol level, driving with an unlawful breath-alcohol
  152  level, or any other similar alcohol-related or drug-related
  153  traffic offense, is also considered a previous conviction for
  154  violation of this section. However, in satisfaction of the fine
  155  imposed pursuant to this section, the court may, upon a finding
  156  that the defendant is financially unable to pay either all or
  157  part of the fine, order that the defendant participate for a
  158  specified additional period of time in public service or a
  159  community work project in lieu of payment of that portion of the
  160  fine which the court determines the defendant is unable to pay.
  161  In determining such additional sentence, the court shall
  162  consider the amount of the unpaid portion of the fine and the
  163  reasonable value of the services to be ordered; however, the
  164  court may not compute the reasonable value of services at a rate
  165  less than the federal minimum wage at the time of sentencing.
  166         (11) The Department of Highway Safety and Motor Vehicles is
  167  directed to adopt rules providing for the implementation of the
  168  use of ignition interlock devices and qualified sobriety and
  169  drug monitoring programs defined in subsection (15).
  170         (15) As used in this chapter and chapter 322, the term
  171  “qualified sobriety and drug monitoring program” means an
  172  evidence-based program, approved by the department, in which
  173  participants are regularly tested for alcohol and drug use. As
  174  the court deems appropriate, the program may monitor alcohol or
  175  drugs through one or more of the following modalities: breath
  176  testing twice a day; continuous transdermal alcohol monitoring
  177  in cases of hardship; or random blood, breath, urine, drug
  178  patch, or oral fluid testing. Testing modalities that detect a
  179  violation as soon after it occurs as is reasonably feasible
  180  should be given preference. Participation shall be at the
  181  person’s sole expense. The term “evidence-based program” means a
  182  program that satisfies the requirements of at least two of the
  183  following:
  184         (a)The program is included in the federal registry of
  185  evidence-based programs and practices.
  186         (b)The program has been reported in a peer-reviewed
  187  journal as having positive effects on the primary targeted
  188  outcome.
  189         (c)The program has been documented as effective by
  190  informed experts and other sources.
  191  ================= T I T L E  A M E N D M E N T ================
  192  And the title is amended as follows:
  193         Delete line 15
  194  and insert:
  195         certain tasks on the roadside; amending s. 316.193,
  196         F.S.; authorizing the court to order a certain
  197         qualified sobriety and drug monitoring program as an
  198         alternative to the placement of an ignition interlock
  199         device on a specified date; deleting provisions
  200         relating to a qualified sobriety and drug monitoring
  201         program ordered by the court in addition to the
  202         ignition interlock device requirement; directing the
  203         department to adopt rules providing for the
  204         implementation of the use of certain qualified
  205         sobriety and drug monitoring programs; redefining the
  206         terms “qualified sobriety and drug monitoring program”
  207         and “evidence-based program”; providing requirements
  208         for the program; amending s. 316.303,