Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for CS for SB 1992

263764

CHAMBER ACTION

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.