Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1992
263764
Senate
Comm: RS
4/10/2008
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House
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The Committee on Transportation and Economic Development
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Appropriations (Webster) recommended the following amendment:
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Senate Amendment (with title amendment)
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Delete line(s) 303-651
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and insert:
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Section 3. Effective July 1, 2006, subsection (6) of
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section 316.1895, Florida Statutes, is amended to read:
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316.1895 Establishment of school speed zones, enforcement;
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designation.--
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(6) Permanent signs designating school zones and school
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zone speed limits shall be uniform in size and color, and shall
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have the times during which the restrictive speed limit is
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enforced clearly designated thereon. Flashing beacons activated
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by a time clock, or other automatic device, or manually activated
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may be used as an alternative to posting the times during which
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the restrictive school speed limit is enforced. Beginning July 1,
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2008, for any newly established school zone or any school zone in
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which the signing has been replaced, a sign stating "Speeding
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Fines Doubled" shall be installed within the school zone. The
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Department of Transportation shall establish adequate standards
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for the signs and flashing beacons.
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Section 4. Whoever willfully displays on a vehicle an
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obscene word, image, or device, including, but not limited to,
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reproductive glands, commits a noncriminal traffic violation,
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punishable as a moving violation as provided in chapter 318.
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Section 5. Subsection (4) of section 316.193, Florida
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Statutes, is amended to read:
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316.193 Driving under the influence; penalties.--
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(4) Any person who is convicted of a violation of
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subsection (1) and who has a blood-alcohol level or breath-
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alcohol level of 0.15 0.20 or higher, or any person who is
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convicted of a violation of subsection (1) and who at the time of
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the offense was accompanied in the vehicle by a person under the
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age of 18 years, shall be punished:
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(a) By a fine of:
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1. Not less than $500 or more than $1,000 for a first
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conviction.
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2. Not less than $1,000 or more than $2,000 for a second
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conviction.
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3. Not less than $2,000 for a third or subsequent
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conviction.
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(b) By imprisonment for:
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1. Not more than 9 months for a first conviction.
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2. Not more than 12 months for a second conviction.
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For the purposes of this subsection, only the instant offense is
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required to be a violation of subsection (1) by a person who has
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a blood-alcohol level or breath-alcohol level of 0.15 0.20 or
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higher.
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(c) In addition to the penalties in paragraphs (a) and (b),
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the court shall order the mandatory placement, at the convicted
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person's sole expense, of an ignition interlock device approved
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by the department in accordance with s. 316.1938 upon all
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vehicles that are individually or jointly leased or owned and
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routinely operated by the convicted person for not less than up
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to 6 continuous months for the first offense and for not less
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than at least 2 continuous years for a second offense, when the
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convicted person qualifies for a permanent or restricted license.
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The installation of such device may not occur before July 1,
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2003.
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Section 6. Subsection (1) of section 316.1937, Florida
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Statutes, is amended to read:
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316.1937 Ignition interlock devices, requiring; unlawful
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acts.--
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(1) In addition to any other authorized penalties, the
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court may require that any person who is convicted of driving
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under the influence in violation of s. 316.193 shall not operate
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a motor vehicle unless that vehicle is equipped with a
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functioning ignition interlock device certified by the department
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as provided in s. 316.1938, and installed in such a manner that
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the vehicle will not start if the operator's blood alcohol level
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is in excess of 0.05 percent or as otherwise specified by the
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court. The court may require the use of an approved ignition
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interlock device for a period of not less than 6 continuous
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months, if the person is permitted to operate a motor vehicle,
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whether or not the privilege to operate a motor vehicle is
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restricted, as determined by the court. The court, however, shall
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order placement of an ignition interlock device in those
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circumstances required by s. 316.193.
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Section 7. Subsection (1), subsection (2) of section
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316.2397, Florida Statutes, are amended to read:
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316.2397 Certain lights prohibited; exceptions.--
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(1) A No person may not shall drive or move or cause to be
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moved any vehicle or equipment upon any highway within this state
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with any lamp or device thereon showing or displaying a red or
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blue light visible from directly in front thereof except for
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certain vehicles hereinafter provided.
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(2) It is expressly prohibited for any vehicle or
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equipment, except police vehicles, to show or display blue
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lights. However, vehicles owned, operated, or leased by the
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Department of Corrections or any county correctional agency may
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show or display blue lights when responding to emergencies.
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Section 8. Subsection (2) of section 316.251, Florida
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Statutes, is amended to read:
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316.251 Maximum bumper heights.--
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(2) "New motor vehicles" as defined in s. 319.001(9)(8),
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"antique automobiles" as defined in s. 320.08, "horseless
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carriages" as defined in s. 320.086, and "street rods" as defined
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in s. 320.0863 shall be excluded from the requirements of this
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section.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete line(s) 12-72
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and insert:
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a law enforcement officer; amending s. 316.1895, F.S.;
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requiring the placement of signs in certain school zones
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stating that speeding fines are doubled within the zone;
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providing noncriminal penalties for the display of obscene
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words, images, or devices on a motor vehicle; amending s.
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316.193, F.S.; lowering the blood-alcohol or breath-
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alcohol level for which enhanced penalties are imposed
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against a person who was accompanied in the vehicle by a
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minor at the time of the offense; clarifying that an
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ignition interlock device is installed for a continuous
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period; amending s. 316.1937, F.S.; revising the
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conditions under which the court may require the use of an
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ignition interlock device; amending s. 316.2397, F.S.;
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authorizing specified agencies to display blue lights when
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responding to emergencies; amending s. 316.251, F.S.;
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conforming a cross-reference; amending
4/9/2008 2:13:00 PM TR.TA.07153
CODING: Words stricken are deletions; words underlined are additions.