Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 865, 1st Eng.
       
       
       
       
       
       
                                Ì316050lÎ316050                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 1e/AD/2R         .           Floor: RC            
             05/05/2017 02:31 PM       .      05/05/2017 08:14 PM       
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       Senator Simmons moved the following:
       
    1         Senate Amendment to Amendment (102880) (with title
    2  amendment)
    3  
    4         Between lines 159 and 160
    5  insert:
    6         Section 3. Subsection (2) of section 316.193, Florida
    7  Statutes, is amended to read:
    8         316.193 Driving under the influence; penalties.—
    9         (2)
   10         (a) Except as provided in paragraph (b), subsection (3), or
   11  subsection (4), any person who is convicted of a violation of
   12  subsection (1) shall be punished:
   13         1. By a fine of:
   14         a. Not less than $500 or more than $1,000 for a first
   15  conviction.
   16         b. Not less than $1,000 or more than $2,000 for a second
   17  conviction; and
   18         2. By imprisonment for:
   19         a. Not more than 6 months for a first conviction.
   20         b. Not more than 9 months for a second conviction.
   21         3. For a second conviction, by mandatory placement for a
   22  period of at least 1 year, at the convicted person’s sole
   23  expense, of an ignition interlock device approved by the
   24  department in accordance with s. 316.1938 upon all vehicles that
   25  are individually or jointly leased or owned and routinely
   26  operated by the convicted person, when the convicted person
   27  qualifies for a permanent or restricted license. The
   28  installation of such device may not occur before July 1, 2003.
   29         (b)1. Any person who is convicted of a third violation of
   30  this section for an offense that occurs within 10 years after a
   31  prior conviction for a violation of this section commits a
   32  felony of the third degree, punishable as provided in s.
   33  775.082, s. 775.083, or s. 775.084. In addition, the court shall
   34  order the mandatory placement for a period of not less than 2
   35  years, at the convicted person’s sole expense, of an ignition
   36  interlock device approved by the department in accordance with
   37  s. 316.1938 upon all vehicles that are individually or jointly
   38  leased or owned and routinely operated by the convicted person,
   39  when the convicted person qualifies for a permanent or
   40  restricted license. The installation of such device may not
   41  occur before July 1, 2003.
   42         2. Any person who is convicted of a third violation of this
   43  section for an offense that occurs more than 10 years after the
   44  date of a prior conviction for a violation of this section shall
   45  be punished by a fine of not less than $2,000 or more than
   46  $5,000 and by imprisonment for not more than 12 months. In
   47  addition, the court shall order the mandatory placement for a
   48  period of at least 2 years, at the convicted person’s sole
   49  expense, of an ignition interlock device approved by the
   50  department in accordance with s. 316.1938 upon all vehicles that
   51  are individually or jointly leased or owned and routinely
   52  operated by the convicted person, when the convicted person
   53  qualifies for a permanent or restricted license. The
   54  installation of such device may not occur before July 1, 2003.
   55         3. Any person who is convicted of a fourth or subsequent
   56  violation of this section, regardless of when any prior
   57  conviction for a violation of this section occurred, commits a
   58  felony of the third degree, punishable as provided in s.
   59  775.082, s. 775.083, or s. 775.084. However, the fine imposed
   60  for such fourth or subsequent violation may be not less than
   61  $2,000.
   62         (c) In addition to the penalties in paragraph (a), as a
   63  condition of probation, the court may order placement, at the
   64  convicted person’s sole expense, of an ignition interlock device
   65  approved by the department in accordance with s. 316.1938 for at
   66  least 6 continuous months upon all vehicles that are
   67  individually or jointly leased or owned and routinely operated
   68  by the convicted person if, at the time of the offense, the
   69  person had a blood-alcohol level or breath-alcohol level of .08
   70  or higher. If the convicted person is convicted of a first
   71  offense misdemeanor of the second degree, has not violated
   72  subsection (4), and has not caused injury to, or the death of, a
   73  person or damage to property and such person voluntarily places,
   74  or if the court orders placement of, an interlock device or
   75  other equivalent device approved by the department which would
   76  prevent an impaired driver from operating a vehicle under this
   77  subsection, the court, upon proper showing that the person has
   78  received counseling, treatment, or rehabilitation or is enrolled
   79  in a substance abuse course pursuant to subsection (5), may
   80  withhold adjudication if the person does not have a prior
   81  withholding of adjudication or adjudication of guilt for any
   82  other criminal or noncriminal offense. Failure of the person to
   83  comply with all the terms of the order, including placement of
   84  the ignition interlock device or an equivalent device for the
   85  entire term required by the order, must result in, among other
   86  penalties, the court ordering an adjudication of guilt.
   87  
   88  For purposes of this subsection, the term “conviction” means a
   89  determination of guilt which is the result of a plea or a trial,
   90  regardless of whether adjudication is withheld or a plea of nolo
   91  contendere is entered.
   92         Section 4. Subsection (2) of section 316.1937, Florida
   93  Statutes, is amended to read:
   94         316.1937 Ignition interlock devices, requiring; unlawful
   95  acts.—
   96         (2) If the court imposes the use of an ignition interlock
   97  device, the court shall:
   98         (a) Stipulate on the record the requirement for, and the
   99  period of, the use of a certified ignition interlock device.
  100         (b) Order that the records of the department reflect such
  101  requirement.
  102         (c) Order that an ignition interlock device be installed,
  103  as the court may determine necessary, on any vehicle owned or
  104  operated by the person.
  105         (d) If the person claims inability to pay, provide the
  106  following discounts on the monthly leasing fee:
  107         1. If a person’s family income is at or below 100 percent
  108  of the federal poverty level as documented by written order of
  109  the court, the regular monthly leasing fee charged to all
  110  customers by the interlock provider shall be discounted by 50
  111  percent.
  112         2. If a person’s family income is at or below 149 percent
  113  of the federal poverty level as documented by written order of
  114  the court, the regular monthly leasing fee charged to all
  115  customers by the interlock provider shall be discounted by 25
  116  percent.
  117  
  118  Persons who qualify for a reduced leasing fee as provided in
  119  this paragraph are not required to pay the costs of installation
  120  or removal of the device. Determine the person’s ability to pay
  121  for installation of the device if the person claims inability to
  122  pay. If the court determines that the person is unable to pay
  123  for installation of the device, the court may order that any
  124  portion of a fine paid by the person for a violation of s.
  125  316.193 shall be allocated to defray the costs of installing the
  126  device.
  127         (e) Require proof of installation of the device and
  128  periodic reporting to the department for verification of the
  129  operation of the device in the person’s vehicle.
  130  
  131  ================= T I T L E  A M E N D M E N T ================
  132  And the title is amended as follows:
  133         Delete line 660
  134  and insert:
  135         date; providing for repeal; amending s. 316.193, F.S.;
  136         authorizing a court to order placement of an ignition
  137         interlock device as a condition of probation, subject
  138         to certain requirements; authorizing the court to
  139         withhold adjudication if a person convicted of a
  140         certain offense voluntarily places, or if the court
  141         orders placement of, an ignition interlock device or
  142         other equivalent device, under certain circumstances;
  143         providing that failure of the person to comply with
  144         all the terms of the order, including placement of an
  145         ignition interlock device or other equivalent device,
  146         must result in the court ordering an adjudication of
  147         guilt; defining the term “conviction”; amending s.
  148         316.1937, F.S.; requiring a court that imposes the use
  149         of an ignition interlock device to provide certain
  150         discounts on the monthly leasing fee for the device,
  151         if the person documents that he or she meets certain
  152         income requirements; waiving costs associated with
  153         installation and removal of the device in certain
  154         circumstances; amending s. 316.545, F.S.;