Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1244
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Judiciary (Simmons) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 316.193, Florida
    6  Statutes, is amended to read:
    7         316.193 Driving under the influence; penalties.—
    8         (2)(a) Except as provided in paragraph (b), subsection (3),
    9  or subsection (4), any person who is convicted of a violation of
   10  subsection (1) shall be punished:
   11         1. By a fine of:
   12         a. Not less than $500 or more than $1,000 for a first
   13  conviction.
   14         b. Not less than $1,000 or more than $2,000 for a second
   15  conviction; and
   16         2. By imprisonment for:
   17         a. Not more than 6 months for a first conviction.
   18         b. Not more than 9 months for a second conviction.
   19         3. By mandatory placement, at the convicted person’s sole
   20  expense, of an ignition interlock device approved by the
   21  department in accordance with s. 316.1938:
   22         a.For a first conviction, for a period of at least 6
   23  months; or
   24         b. 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
   28  
   29  upon all vehicles that are individually or jointly leased or
   30  owned and routinely operated by the convicted person, when the
   31  convicted person qualifies for a permanent or restricted
   32  license. The installation of such device may not occur before
   33  July 1, 2003.
   34         (b)1. Any person who is convicted of a third violation of
   35  this section for an offense that occurs within 10 years after a
   36  prior conviction for a violation of this section commits a
   37  felony of the third degree, punishable as provided in s.
   38  775.082, s. 775.083, or s. 775.084. In addition, the court shall
   39  order the mandatory placement for a period of not less than 2
   40  years, at the convicted person’s sole expense, of an ignition
   41  interlock device approved by the department in accordance with
   42  s. 316.1938 upon all vehicles that are individually or jointly
   43  leased or owned and routinely operated by the convicted person,
   44  when the convicted person qualifies for a permanent or
   45  restricted license. The installation of such device may not
   46  occur before July 1, 2003.
   47         2. Any person who is convicted of a third violation of this
   48  section for an offense that occurs more than 10 years after the
   49  date of a prior conviction for a violation of this section shall
   50  be punished by a fine of not less than $2,000 or more than
   51  $5,000 and by imprisonment for not more than 12 months. In
   52  addition, the court shall order the mandatory placement for a
   53  period of at least 2 years, at the convicted person’s sole
   54  expense, of an ignition interlock device approved by the
   55  department in accordance with s. 316.1938 upon all vehicles that
   56  are individually or jointly leased or owned and routinely
   57  operated by the convicted person, when the convicted person
   58  qualifies for a permanent or restricted license. The
   59  installation of such device may not occur before July 1, 2003.
   60         3. Any person who is convicted of a fourth or subsequent
   61  violation of this section, regardless of when any prior
   62  conviction for a violation of this section occurred, commits a
   63  felony of the third degree, punishable as provided in s.
   64  775.082, s. 775.083, or s. 775.084. However, the fine imposed
   65  for such fourth or subsequent violation may be not less than
   66  $2,000.
   67         (c)In addition to the penalties in paragraph (a), the
   68  court may order placement, at the convicted person’s sole
   69  expense, of an ignition interlock device approved by the
   70  department in accordance with s. 316.1938 for at least 6
   71  continuous months upon all vehicles that are individually or
   72  jointly leased or owned and routinely operated by the convicted
   73  person if, at the time of the offense, the person had a blood
   74  alcohol level or breath-alcohol level of .08 or higher.
   75         Section 2. This act shall take effect October 1, 2016.
   76  ================= T I T L E  A M E N D M E N T ================
   77  And the title is amended as follows:
   78         Delete everything before the enacting clause
   79  and insert:
   80                        A bill to be entitled                      
   81         An act relating to driving under the influence;
   82         amending s. 316.193, F.S.; requiring mandatory
   83         placement, at the convicted person’s sole expense, of
   84         an ignition interlock device for a specified period
   85         for a first conviction for driving under the
   86         influence; deleting obsolete provisions; conforming
   87         provisions to changes made by the act; providing an
   88         effective date.