Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7061, 1st Eng.
       
       
       
       
       
       
                                Ì382316#Î382316                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/3R          .                                
             03/11/2016 10:25 AM       .                                
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       Senator Gibson moved the following:
       
    1         Senate Amendment to Amendment (691108) (with title
    2  amendment)
    3  
    4         Between lines 3116 and 3117
    5  insert:
    6         Section 79. Subsection (2), present paragraph (j) of
    7  subsection (6), and subsection (11) of section 316.193, Florida
    8  Statutes, are amended, present paragraphs (k), (l), and (m) of
    9  subsection (6) are redesignated as paragraphs (j), (k), and (l),
   10  respectively, and subsections (15) and (16) are added to that
   11  section, to read:
   12         316.193 Driving under the influence; penalties.—
   13         (2)(a) Except as provided in paragraph (b), subsection (3),
   14  or subsection (4), any person who is convicted of a violation of
   15  subsection (1) shall be punished:
   16         1. By a fine of:
   17         a. Not less than $500 or more than $1,000 for a first
   18  conviction.
   19         b. Not less than $1,000 or more than $2,000 for a second
   20  conviction; and
   21         2. By imprisonment for:
   22         a. Not more than 6 months for a first conviction.
   23         b. Not more than 9 months for a second conviction.
   24         3. For a second conviction, by mandatory placement for a
   25  period of at least 1 year, at the convicted person’s sole
   26  expense, of an ignition interlock device approved by the
   27  department in accordance with s. 316.1938 upon all vehicles that
   28  are individually or jointly leased or owned and routinely
   29  operated by the convicted person, when the convicted person
   30  qualifies for a permanent or restricted license. Effective
   31  October 1, 2016, the court in the Fourth Judicial Circuit may
   32  order an offender to participate in a qualified sobriety and
   33  drug monitoring program, as defined in subsection (15) and
   34  authorized by 23 U.S.C. s. 164, under the pilot program in
   35  subsection (16), as an alternative to the placement of an
   36  ignition interlock device required by this section, when the
   37  convicted person qualifies for a permanent or restricted license
   38  The installation of such device may not occur before July 1,
   39  2003.
   40         (b)1. Any person who is convicted of a third violation of
   41  this section for an offense that occurs within 10 years after a
   42  prior conviction for a violation of this section commits a
   43  felony of the third degree, punishable as provided in s.
   44  775.082, s. 775.083, or s. 775.084. In addition, the court shall
   45  order the mandatory placement for a period of not less than 2
   46  years, at the convicted person’s sole expense, of an ignition
   47  interlock device approved by the department in accordance with
   48  s. 316.1938 upon all vehicles that are individually or jointly
   49  leased or owned and routinely operated by the convicted person,
   50  when the convicted person qualifies for a permanent or
   51  restricted license. Effective October 1, 2016, the court in the
   52  Fourth Judicial Circuit may order an offender to participate in
   53  a qualified sobriety and drug monitoring program, as defined in
   54  subsection (15) and authorized by 23 U.S.C. s. 164, under the
   55  pilot program in subsection (16), as an alternative to the
   56  placement of an ignition interlock device required by this
   57  section, when the convicted person qualifies for a permanent or
   58  restricted license The installation of such device may not occur
   59  before July 1, 2003.
   60         2. Any person who is convicted of a third violation of this
   61  section for an offense that occurs more than 10 years after the
   62  date of a prior conviction for a violation of this section shall
   63  be punished by a fine of not less than $2,000 or more than
   64  $5,000 and by imprisonment for not more than 12 months. In
   65  addition, the court shall order the mandatory placement for a
   66  period of at least 2 years, at the convicted person’s sole
   67  expense, of an ignition interlock device approved by the
   68  department in accordance with s. 316.1938 upon all vehicles that
   69  are individually or jointly leased or owned and routinely
   70  operated by the convicted person, when the convicted person
   71  qualifies for a permanent or restricted license. Effective
   72  October 1, 2016, the court in the Fourth Judicial Circuit may
   73  order an offender to participate in a qualified sobriety and
   74  drug monitoring program, as defined in subsection (15) and
   75  authorized by 23 U.S.C. s. 164, under the pilot program in
   76  subsection (16), as an alternative to the placement of an
   77  ignition interlock device required by this section, when the
   78  convicted person qualifies for a permanent or restricted license
   79  The installation of such device may not occur before July 1,
   80  2003.
   81         3. Any person who is convicted of a fourth or subsequent
   82  violation of this section, regardless of when any prior
   83  conviction for a violation of this section occurred, commits a
   84  felony of the third degree, punishable as provided in s.
   85  775.082, s. 775.083, or s. 775.084. However, the fine imposed
   86  for such fourth or subsequent violation may be not less than
   87  $2,000.
   88         (c) In addition to the penalties in paragraph (a), the
   89  court may order placement, at the convicted person’s sole
   90  expense, of an ignition interlock device approved by the
   91  department in accordance with s. 316.1938 for at least 6
   92  continuous months upon all vehicles that are individually or
   93  jointly leased or owned and routinely operated by the convicted
   94  person if, at the time of the offense, the person had a blood
   95  alcohol level or breath-alcohol level of .08 or higher.
   96         (6) With respect to any person convicted of a violation of
   97  subsection (1), regardless of any penalty imposed pursuant to
   98  subsection (2), subsection (3), or subsection (4):
   99         (j)1. Notwithstanding the provisions of this section, s.
  100  316.1937, and s. 322.2715 relating to ignition interlock devices
  101  required for second or subsequent offenders, in order to
  102  strengthen the pretrial and posttrial options available to
  103  prosecutors and judges, the court may order, if deemed
  104  appropriate, that a person participate in a qualified sobriety
  105  and drug monitoring program, as defined in subparagraph 2., in
  106  addition to the ignition interlock device requirement.
  107  Participation shall be at the person’s sole expense.
  108         2. As used in this paragraph, the term “qualified sobriety
  109  and drug monitoring program” means an evidence-based program,
  110  approved by the department, in which participants are regularly
  111  tested for alcohol and drug use. As the court deems appropriate,
  112  the program may monitor alcohol or drugs through one or more of
  113  the following modalities: breath testing twice a day; continuous
  114  transdermal alcohol monitoring in cases of hardship; or random
  115  blood, breath, urine, or oral fluid testing. Testing modalities
  116  that provide the best ability to sanction a violation as close
  117  in time as reasonably feasible to the occurrence of the
  118  violation should be given preference. This paragraph does not
  119  preclude a court from ordering an ignition interlock device as a
  120  testing modality.
  121         3. For purposes of this paragraph, the term “evidence-based
  122  program” means a program that satisfies the requirements of at
  123  least two of the following:
  124         a. The program is included in the federal registry of
  125  evidence-based programs and practices.
  126         b. The program has been reported in a peer-reviewed journal
  127  as having positive effects on the primary targeted outcome.
  128         c. The program has been documented as effective by informed
  129  experts and other sources.
  130  
  131  For the purposes of this section, any conviction for a violation
  132  of s. 327.35; a previous conviction for the violation of former
  133  s. 316.1931, former s. 860.01, or former s. 316.028; or a
  134  previous conviction outside this state for driving under the
  135  influence, driving while intoxicated, driving with an unlawful
  136  blood-alcohol level, driving with an unlawful breath-alcohol
  137  level, or any other similar alcohol-related or drug-related
  138  traffic offense, is also considered a previous conviction for
  139  violation of this section. However, in satisfaction of the fine
  140  imposed pursuant to this section, the court may, upon a finding
  141  that the defendant is financially unable to pay either all or
  142  part of the fine, order that the defendant participate for a
  143  specified additional period of time in public service or a
  144  community work project in lieu of payment of that portion of the
  145  fine which the court determines the defendant is unable to pay.
  146  In determining such additional sentence, the court shall
  147  consider the amount of the unpaid portion of the fine and the
  148  reasonable value of the services to be ordered; however, the
  149  court may not compute the reasonable value of services at a rate
  150  less than the federal minimum wage at the time of sentencing.
  151         (11) The Department of Highway Safety and Motor Vehicles is
  152  directed to adopt rules providing for the implementation of the
  153  use of ignition interlock devices and qualified sobriety and
  154  drug monitoring programs, as defined in subsection (15), to be
  155  used in the pilot program under subsection (16).
  156         (15) As used in this chapter and chapter 322, the term:
  157         (a)“Qualified sobriety and drug monitoring program” means
  158  an evidence-based program approved by the department which
  159  authorizes a court or an agency with jurisdiction, as a
  160  condition of bond, sentence, probation, parole, or restricted
  161  driving privileges, to require a person who was arrested for,
  162  pleaded guilty to, or was convicted of driving under the
  163  influence of alcohol or drugs to be regularly tested for alcohol
  164  and drug use. As the court deems appropriate, the program shall
  165  monitor alcohol or drugs through one or more of the following
  166  modalities: breath testing twice a day at a testing location;
  167  continuous transdermal alcohol monitoring via an electronic
  168  monitoring device; random breath or urine testing; or drug patch
  169  or oral fluid testing. Testing modalities that provide the best
  170  ability to detect a violation as close in time as reasonably
  171  feasible to the occurrence of the violation should be given
  172  preference. Participation shall be at the person’s sole expense.
  173         (b)“Evidence-based program” means a program that satisfies
  174  the requirements of at least two of the following:
  175         1.The program is included in the federal registry of
  176  evidence-based programs and practices.
  177         2.The program has been reported in a peer-reviewed journal
  178  as having positive effects on the primary targeted outcome.
  179         3.The program has been documented as effective by informed
  180  experts and other sources.
  181         (16)The Fourth Judicial Circuit, in coordination with the
  182  department, shall implement a qualified sobriety and drug
  183  monitoring pilot program effective October 1, 2016, for offenses
  184  where an ignition interlock device is mandated under
  185  subparagraphs (2)(a)3., (2)(b)1., and (2)(b)2. The Fourth
  186  Judicial Circuit may order a qualified sobriety and drug
  187  monitoring program, as defined in subsection (15) and authorized
  188  by 23 U.S.C. s. 164, as an alternative to the ignition interlock
  189  device. The Fourth Judicial Circuit shall provide a report on
  190  the results of the pilot program to the Governor, the President
  191  of the Senate, and the Speaker of the House of Representatives
  192  by March 1, 2018.
  193         Section 80. Subsection (1) of section 316.1937, Florida
  194  Statutes, is amended to read:
  195         316.1937 Ignition interlock devices, requiring; unlawful
  196  acts.—
  197         (1) In addition to any other authorized penalties, the
  198  court may require that any person who is convicted of driving
  199  under the influence in violation of s. 316.193 shall not operate
  200  a motor vehicle unless that vehicle is equipped with a
  201  functioning ignition interlock device certified by the
  202  department as provided in s. 316.1938, and installed in such a
  203  manner that the vehicle will not start if the operator’s blood
  204  alcohol level is in excess of 0.025 percent or as otherwise
  205  specified by the court. The court may require the use of an
  206  approved ignition interlock device for a period of at least 6
  207  continuous months, if the person is permitted to operate a motor
  208  vehicle, whether or not the privilege to operate a motor vehicle
  209  is restricted, as determined by the court. The court, however,
  210  shall order placement of an ignition interlock device in those
  211  circumstances required by s. 316.193. Effective October 1, 2016,
  212  for offenses where an ignition interlock device is mandated
  213  under s. 316.193(2)(a)3., (2)(b)1., and (2)(b)2., the court in
  214  the Fourth Judicial Circuit may order a qualified sobriety and
  215  drug monitoring program, as defined in s. 316.193(15) and
  216  authorized by 23 U.S.C. s. 164, under the pilot program in s.
  217  316.193(16) as an alternative to the ignition interlock device,
  218  when the convicted person qualifies for a permanent or
  219  restricted license.
  220         Section 81. Subsections (1), (3), and (4) of section
  221  322.2715, Florida Statutes, are amended to read:
  222         322.2715 Ignition interlock device.—
  223         (1) Before issuing a permanent or restricted driver license
  224  under this chapter, the department shall require the placement
  225  of a department-approved ignition interlock device for any
  226  person convicted of committing an offense of driving under the
  227  influence as specified in subsection (3), except that
  228  consideration may be given to those individuals having a
  229  documented medical condition that would prohibit the device from
  230  functioning normally. If a medical waiver has been granted for a
  231  convicted person seeking a restricted license, the convicted
  232  person is shall not be entitled to a restricted license until
  233  the required ignition interlock device installation period under
  234  subsection (3) expires, in addition to the time requirements
  235  under s. 322.271. If a medical waiver has been approved for a
  236  convicted person seeking permanent reinstatement of the driver
  237  license, the convicted person must be restricted to an
  238  employment-purposes-only license and be supervised by a licensed
  239  DUI program until the required ignition interlock device
  240  installation period under subsection (3) expires. An interlock
  241  device shall be placed on all vehicles that are individually or
  242  jointly leased or owned and routinely operated by the convicted
  243  person. Effective October 1, 2016, if a court in the Fourth
  244  Judicial Circuit orders a qualified sobriety and drug monitoring
  245  program as defined in s. 316.193(15) and authorized by 23 U.S.C.
  246  s. 164 under the pilot program implemented under s. 316.193(16),
  247  the department shall use the monitoring program as an
  248  alternative to the placement of an ignition interlock device
  249  required by this section, when the convicted person qualifies
  250  for a permanent or restricted license.
  251         (3) If the person is convicted of:
  252         (a) A first offense of driving under the influence under s.
  253  316.193 and has an unlawful blood-alcohol level or breath
  254  alcohol level as specified in s. 316.193(1), the ignition
  255  interlock device may be installed for at least 6 continuous
  256  months.
  257         (b) A first offense of driving under the influence under s.
  258  316.193 and has an unlawful blood-alcohol level or breath
  259  alcohol level as specified in s. 316.193(4), or if a person is
  260  convicted of a violation of s. 316.193 and was at the time of
  261  the offense accompanied in the vehicle by a person younger than
  262  18 years of age, the person shall have the ignition interlock
  263  device installed for at least 6 continuous months for the first
  264  offense and for at least 2 continuous years for a second
  265  offense.
  266         (c) A second offense of driving under the influence, the
  267  ignition interlock device shall be installed for a period of at
  268  least 1 continuous year.
  269         (d) A third offense of driving under the influence which
  270  occurs within 10 years after a prior conviction for a violation
  271  of s. 316.193, the ignition interlock device shall be installed
  272  for a period of at least 2 continuous years.
  273         (e) A third offense of driving under the influence which
  274  occurs more than 10 years after the date of a prior conviction,
  275  the ignition interlock device shall be installed for a period of
  276  at least 2 continuous years.
  277         (f) A fourth or subsequent offense of driving under the
  278  influence, the ignition interlock device shall be installed for
  279  a period of at least 5 years.
  280  
  281  Effective October 1, 2016, if a court in the Fourth Judicial
  282  Circuit orders a qualified sobriety and drug monitoring program
  283  as defined in s. 316.193(15) and authorized by 23 U.S.C. s. 164
  284  under the pilot program implemented under s. 316.193(16), the
  285  department shall use the monitoring program as an alternative to
  286  the placement of an ignition interlock device required by this
  287  section, when the convicted person qualifies for a permanent or
  288  restricted license.
  289         (4) If the court fails to order the mandatory placement of
  290  the ignition interlock device or fails to order for the
  291  applicable period the mandatory placement of an ignition
  292  interlock device under s. 316.193 or s. 316.1937 at the time of
  293  imposing sentence or within 30 days thereafter, the department
  294  shall immediately require that the ignition interlock device be
  295  installed as provided in this section, except that consideration
  296  may be given to those individuals having a documented medical
  297  condition that would prohibit the device from functioning
  298  normally. Effective October 1, 2016, if a court in the Fourth
  299  Judicial Circuit orders a qualified sobriety and drug monitoring
  300  program as defined in s. 316.193(15) and authorized by 23 U.S.C.
  301  s. 164 under the pilot program implemented under s. 316.193(16),
  302  the department shall use the monitoring program as an
  303  alternative to the placement of an ignition interlock device
  304  required by this section, when the convicted person qualifies
  305  for a permanent or restricted license. This subsection applies
  306  to the reinstatement of the driving privilege following a
  307  revocation, suspension, or cancellation that is based upon a
  308  conviction for the offense of driving under the influence which
  309  occurs on or after July 1, 2005.
  310  
  311  ================= T I T L E  A M E N D M E N T ================
  312  And the title is amended as follows:
  313         Delete line 3436
  314  and insert:
  315         references; amending s. 316.193, F.S.; authorizing, as
  316         of a specified date, a specified court to order a
  317         certain qualified sobriety and drug monitoring program
  318         under a specified pilot program as an alternative to
  319         the placement of an ignition interlock device;
  320         deleting obsolete provisions; deleting provisions
  321         relating to a qualified sobriety and drug monitoring
  322         program; directing the department to adopt rules
  323         providing for the implementation of the use of certain
  324         qualified sobriety and drug monitoring programs;
  325         redefining the terms “qualified sobriety and drug
  326         monitoring program” and “evidence-based program”;
  327         creating a qualified sobriety and drug monitoring
  328         pilot program effective on a specified date, subject
  329         to certain requirements; requiring a specified court
  330         to provide a report to the Governor and the
  331         Legislature by a specified date; amending s. 316.1937,
  332         F.S.; authorizing, as of a specified date, a specified
  333         court to order a certain qualified sobriety and drug
  334         monitoring program under a specified pilot program as
  335         an alternative to the placement of an ignition
  336         interlock device; amending s. 322.2715, F.S.;
  337         requiring the department to use a certain qualified
  338         sobriety and drug monitoring program as an alternative
  339         to the placement of an ignition interlock device as of
  340         a specified date under certain circumstances;
  341         providing an effective date.