Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7005, 2nd Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 14/WD/3R         .                                
             05/02/2014 05:04 PM       .                                

       Senator Brandes moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 409 - 597
    4  and insert:
    5         Section 5. Paragraphs (i), (j), and (k) of subsection (6)
    6  of section 316.193, Florida Statutes, are redesignated as
    7  paragraphs (j), (k), and (l), and a new paragraph (i) is added
    8  to that section, 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         (i) The court may also dismiss the order of impoundment or
   14  immobilization if the defendant provides proof to the
   15  satisfaction of the court that a functioning, certified ignition
   16  interlock device has been installed upon all vehicles that are
   17  individually or jointly leased or owned and routinely operated
   18  by the convicted person.
   19         (j)(i) All costs and fees for the impoundment or
   20  immobilization, including the cost of notification, must be paid
   21  by the owner of the vehicle or, if the vehicle is leased or
   22  rented, by the person leasing or renting the vehicle, unless the
   23  impoundment or immobilization order is dismissed. All provisions
   24  of s. 713.78 shall apply. The costs and fees for the impoundment
   25  or immobilization must be paid directly to the person impounding
   26  or immobilizing the vehicle.
   27         (k)(j) The person who owns a vehicle that is impounded or
   28  immobilized under this paragraph, or a person who has a lien of
   29  record against such a vehicle and who has not requested a review
   30  of the impoundment pursuant to paragraph (e), paragraph (f), or
   31  paragraph (g), may, within 10 days after the date that person
   32  has knowledge of the location of the vehicle, file a complaint
   33  in the county in which the owner resides to determine whether
   34  the vehicle was wrongfully taken or withheld from the owner or
   35  lienholder. Upon the filing of a complaint, the owner or
   36  lienholder may have the vehicle released by posting with the
   37  court a bond or other adequate security equal to the amount of
   38  the costs and fees for impoundment or immobilization, including
   39  towing or storage, to ensure the payment of such costs and fees
   40  if the owner or lienholder does not prevail. When the bond is
   41  posted and the fee is paid as set forth in s. 28.24, the clerk
   42  of the court shall issue a certificate releasing the vehicle. At
   43  the time of release, after reasonable inspection, the owner or
   44  lienholder must give a receipt to the towing or storage company
   45  indicating any loss or damage to the vehicle or to the contents
   46  of the vehicle.
   47         (l)(k) A defendant, in the court’s discretion, may be
   48  required to serve all or any portion of a term of imprisonment
   49  to which the defendant has been sentenced pursuant to this
   50  section in a residential alcoholism treatment program or a
   51  residential drug abuse treatment program. Any time spent in such
   52  a program must be credited by the court toward the term of
   53  imprisonment.
   55  For the purposes of this section, any conviction for a violation
   56  of s. 327.35; a previous conviction for the violation of former
   57  s. 316.1931, former s. 860.01, or former s. 316.028; or a
   58  previous conviction outside this state for driving under the
   59  influence, driving while intoxicated, driving with an unlawful
   60  blood-alcohol level, driving with an unlawful breath-alcohol
   61  level, or any other similar alcohol-related or drug-related
   62  traffic offense, is also considered a previous conviction for
   63  violation of this section. However, in satisfaction of the fine
   64  imposed pursuant to this section, the court may, upon a finding
   65  that the defendant is financially unable to pay either all or
   66  part of the fine, order that the defendant participate for a
   67  specified additional period of time in public service or a
   68  community work project in lieu of payment of that portion of the
   69  fine which the court determines the defendant is unable to pay.
   70  In determining such additional sentence, the court shall
   71  consider the amount of the unpaid portion of the fine and the
   72  reasonable value of the services to be ordered; however, the
   73  court may not compute the reasonable value of services at a rate
   74  less than the federal minimum wage at the time of sentencing.
   75         Section 6. Subsection (7) of section 316.1937, Florida
   76  Statutes, is amended to read:
   77         316.1937 Ignition interlock devices, requiring; unlawful
   78  acts.—
   79         (7) Notwithstanding the provisions of this section, if a
   80  person is required to operate a motor vehicle in the course and
   81  scope of his or her employment and if the vehicle is owned or
   82  leased by the employer, the person may operate that vehicle
   83  without installation of an approved ignition interlock device if
   84  the employer has been notified of such driving privilege
   85  restriction. and if Proof of that notification must be is with
   86  the vehicle. This employment exemption does not apply, however,
   87  if the business entity which owns the vehicle is owned or
   88  controlled by the person whose driving privilege has been
   89  restricted.
   90         Section 7. Section 316.1938, Florida Statutes, is amended
   91  to read:
   92         316.1938 Ignition interlock devices, certification; warning
   93  label.—
   94         (1) The department shall contract with a minimum of three
   95  providers, who have been selected through a competitive
   96  procurement process pursuant to s. 287.057, needed to implement
   97  the ignition interlock requirements of this chapter and chapter
   98  322. Such contract shall be at no cost to the state. The
   99  contract between the department and the selected providers of
  100  ignition interlock devices shall be for a term of five years.
  101  The department is authorized to adopt rules to implement the
  102  ignition interlock requirements of this chapter and chapter 322.
  103  Such rules may include, but shall not be limited to, medical
  104  waivers, specifications for such devices, and their approval,
  105  installation, removal, servicing, and monitoring. The Department
  106  of Highway Safety and Motor Vehicles shall certify or cause to
  107  be certified the accuracy and precision of the breath-testing
  108  component of the ignition interlock devices as required by s.
  109  316.1937, and shall publish a list of approved devices, together
  110  with rules governing the accuracy and precision of the breath
  111  testing component of such devices as adopted by rule in
  112  compliance with s. 316.1937. The cost of certification shall be
  113  borne by the manufacturers of ignition interlock devices.
  114         (2) Ignition interlock devices required by this chapter and
  115  chapter 322 shall conform to specification of the rules or
  116  contracts of the department. No model of ignition interlock
  117  device shall be certified unless it meets the accuracy
  118  requirements specified by rule of the department.
  119         (3) The department shall design and adopt by rule A warning
  120  label must which shall be affixed to each ignition interlock
  121  device upon installation. The label must shall contain a warning
  122  that any person who tampers with, circumvents, tampering,
  123  circumventing, or otherwise misuses misusing the device commits
  124  is guilty of a violation of law and may be subject to civil
  125  liability.
  127  ================= T I T L E  A M E N D M E N T ================
  128  And the title is amended as follows:
  129         Delete lines 21 - 43
  130  and insert:
  131         the roadside; amending s. 316.193, F.S.; authorizing
  132         the court to dismiss the order of impoundment or
  133         immobilization under certain circumstances; amending
  134         s. 316.1937, F.S.; revising provisions relating to the
  135         authority to operate a vehicle without installation of
  136         an approved ignition interlock device; amending s.
  137         316.1938, F.S.; requiring the Department of Highway
  138         Safety and Motor Vehicles to contract with certain
  139         providers of ignition interlock devices; specifying
  140         contract years; authorizing the department to adopt
  141         rules; requiring ignition interlock devices to conform
  142         to department rules; specifying a warning label
  143         requirement; amending s. 316.1975, F.S.;