Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. PCS (376118) for CS for SB 1272
Ì489780HÎ489780
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/24/2014 .
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The Committee on Appropriations (Bean) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 575 and 576
4 insert:
5 Section 6. Paragraphs (j) and (k) of subsection (6) of
6 section 316.193, Florida Statutes, are redesignated as
7 paragraphs (k) and (l), respectively, and a new paragraph (j) is
8 added to that subsection, to read:
9 316.193 Driving under the influence; penalties.—
10 (6) With respect to any person convicted of a violation of
11 subsection (1), regardless of any penalty imposed pursuant to
12 subsection (2), subsection (3), or subsection (4):
13 (j)1. Notwithstanding the provisions of this section, s.
14 316.1937, and s. 322.2715 relating to ignition interlock devices
15 required for second or subsequent offenders, in order to
16 strengthen the pretrial and posttrial options available to
17 prosecutors and judges, the court may order, if deemed
18 appropriate, that a person participate in a qualified sobriety
19 and drug monitoring program, as defined in subparagraph 2., in
20 lieu of the ignition interlock device requirement. Participation
21 shall be at the person’s sole expense.
22 2. As used in this paragraph, the term “qualified sobriety
23 and drug monitoring program” means an evidence-based program,
24 approved by the department, in which participants are regularly
25 tested for alcohol and drug use. As the court deems appropriate,
26 the program may monitor alcohol or drugs through one or more of
27 the following modalities: breath testing twice a day; continuous
28 transdermal alcohol monitoring in cases of hardship; or random
29 blood, breath, urine, or oral fluid testing. Testing modalities
30 that provide the best ability to sanction a violation as close
31 in time as reasonably feasible to the occurrence of the
32 violation should be given preference. This paragraph does not
33 preclude a court from ordering an ignition interlock device as a
34 testing modality.
35 3. For purposes of this paragraph, the term “evidence-based
36 program” means a program that satisfies the requirements of at
37 least two of the following:
38 a. The program is included in the federal registry of
39 evidence-based programs and practices.
40 b. The program has been reported in a peer-reviewed journal
41 as having positive effects on the primary targeted outcome.
42 c. The program has been documented as effective by informed
43 experts and other sources.
44
45 For the purposes of this section, any conviction for a violation
46 of s. 327.35; a previous conviction for the violation of former
47 s. 316.1931, former s. 860.01, or former s. 316.028; or a
48 previous conviction outside this state for driving under the
49 influence, driving while intoxicated, driving with an unlawful
50 blood-alcohol level, driving with an unlawful breath-alcohol
51 level, or any other similar alcohol-related or drug-related
52 traffic offense, is also considered a previous conviction for
53 violation of this section. However, in satisfaction of the fine
54 imposed pursuant to this section, the court may, upon a finding
55 that the defendant is financially unable to pay either all or
56 part of the fine, order that the defendant participate for a
57 specified additional period of time in public service or a
58 community work project in lieu of payment of that portion of the
59 fine which the court determines the defendant is unable to pay.
60 In determining such additional sentence, the court shall
61 consider the amount of the unpaid portion of the fine and the
62 reasonable value of the services to be ordered; however, the
63 court may not compute the reasonable value of services at a rate
64 less than the federal minimum wage at the time of sentencing.
65
66 ================= T I T L E A M E N D M E N T ================
67 And the title is amended as follows:
68 Between lines 22 and 23
69 insert:
70 amending s. 316.193, F.S.; authorizing the court to
71 order sobriety and drug monitoring in lieu of
72 specified ignition interlock device requirements;
73 defining terms;