Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 918
       
       
       
       
       
       
                                Ì636140rÎ636140                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2017           .                                
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       The Committee on Criminal Justice (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)
    9         (a) Except as provided in paragraph (b), subsection (3), or
   10  subsection (4), any person who is convicted of a violation of
   11  subsection (1) shall be punished:
   12         1. By a fine of:
   13         a. Not less than $500 or more than $1,000 for a first
   14  conviction.
   15         b. Not less than $1,000 or more than $2,000 for a second
   16  conviction; and
   17         2. By imprisonment for:
   18         a. Not more than 6 months for a first conviction.
   19         b. Not more than 9 months for a second conviction.
   20         3. For a second conviction, by mandatory placement for a
   21  period of at least 1 year, at the convicted person’s sole
   22  expense, of an ignition interlock device approved by the
   23  department in accordance with s. 316.1938 upon all vehicles that
   24  are individually or jointly leased or owned and routinely
   25  operated by the convicted person, when the convicted person
   26  qualifies for a permanent or restricted license. The
   27  installation of such device may not occur before July 1, 2003.
   28         (b)1. Any person who is convicted of a third violation of
   29  this section for an offense that occurs within 10 years after a
   30  prior conviction for a violation of this section commits a
   31  felony of the third degree, punishable as provided in s.
   32  775.082, s. 775.083, or s. 775.084. In addition, the court shall
   33  order the mandatory placement for a period of not less than 2
   34  years, at the convicted person’s sole expense, of an ignition
   35  interlock device approved by the department in accordance with
   36  s. 316.1938 upon all vehicles that are individually or jointly
   37  leased or owned and routinely operated by the convicted person,
   38  when the convicted person qualifies for a permanent or
   39  restricted license. The installation of such device may not
   40  occur before July 1, 2003.
   41         2. Any person who is convicted of a third violation of this
   42  section for an offense that occurs more than 10 years after the
   43  date of a prior conviction for a violation of this section shall
   44  be punished by a fine of not less than $2,000 or more than
   45  $5,000 and by imprisonment for not more than 12 months. In
   46  addition, the court shall order the mandatory placement for a
   47  period of at least 2 years, at the convicted person’s sole
   48  expense, of an ignition interlock device approved by the
   49  department in accordance with s. 316.1938 upon all vehicles that
   50  are individually or jointly leased or owned and routinely
   51  operated by the convicted person, when the convicted person
   52  qualifies for a permanent or restricted license. The
   53  installation of such device may not occur before July 1, 2003.
   54         3. Any person who is convicted of a fourth or subsequent
   55  violation of this section, regardless of when any prior
   56  conviction for a violation of this section occurred, commits a
   57  felony of the third degree, punishable as provided in s.
   58  775.082, s. 775.083, or s. 775.084. However, the fine imposed
   59  for such fourth or subsequent violation may be not less than
   60  $2,000.
   61         (c) In addition to the penalties in paragraph (a), as a
   62  condition of probation, the court may order placement, at the
   63  convicted person’s sole expense, of an ignition interlock device
   64  approved by the department in accordance with s. 316.1938 for at
   65  least 6 continuous months upon all vehicles that are
   66  individually or jointly leased or owned and routinely operated
   67  by the convicted person if, at the time of the offense, the
   68  person had a blood-alcohol level or breath-alcohol level of .08
   69  or higher. Notwithstanding s. 316.656, if a person convicted of
   70  a first offense misdemeanor of the second degree voluntarily
   71  places, or if the court orders placement of, an ignition
   72  interlock device under this subsection, the court shall withhold
   73  adjudication if the person does not have a prior withholding of
   74  adjudication or adjudication of guilt for any other offense.
   75  Failure of the person to comply with the full terms of the order
   76  of placement of the ignition interlock device may result in,
   77  among other penalties, the court ordering an adjudication of
   78  guilt.
   79  
   80  For purposes of this subsection, the term “conviction” means a
   81  determination of guilt which is the result of a plea or a trial,
   82  regardless of whether adjudication is withheld or a plea of nolo
   83  contendere is entered.
   84         Section 2. Subsection (2) of section 316.1937, Florida
   85  Statutes, is amended to read:
   86         316.1937 Ignition interlock devices, requiring; unlawful
   87  acts.—
   88         (2) If the court imposes the use of an ignition interlock
   89  device, the court shall:
   90         (a) Stipulate on the record the requirement for, and the
   91  period of, the use of a certified ignition interlock device.
   92         (b) Order that the records of the department reflect such
   93  requirement.
   94         (c) Order that an ignition interlock device be installed,
   95  as the court may determine necessary, on any vehicle owned or
   96  operated by the person.
   97         (d) If the person claims inability to pay, provide the
   98  following discounts on the monthly leasing fee:
   99         1. If a person’s family income does not exceed 100 percent
  100  of the federal poverty level as documented by written order of
  101  the court, the regular monthly leasing fee charged to all
  102  customers by the interlock provider shall be discounted by 50
  103  percent.
  104         2. If the person’s family income does not exceed 149
  105  percent of the federal poverty level as documented by written
  106  order of the court, the regular monthly leasing fee charged to
  107  all customers by the interlock provider shall be discounted by
  108  25 percent.
  109  
  110  Persons who qualify for a reduced leasing fee as provided in
  111  this paragraph are not required to pay the costs of installation
  112  or removal of the device. Determine the person’s ability to pay
  113  for installation of the device if the person claims inability to
  114  pay. If the court determines that the person is unable to pay
  115  for installation of the device, the court may order that any
  116  portion of a fine paid by the person for a violation of s.
  117  316.193 shall be allocated to defray the costs of installing the
  118  device.
  119         (e) Require proof of installation of the device and
  120  periodic reporting to the department for verification of the
  121  operation of the device in the person’s vehicle.
  122         Section 3. This act shall take effect October 1, 2017.
  123  
  124  ================= T I T L E  A M E N D M E N T ================
  125  And the title is amended as follows:
  126         Delete everything before the enacting clause
  127  and insert:
  128                        A bill to be entitled                      
  129         An act relating to driving under the influence;
  130         amending s. 316.193, F.S.; authorizing a court to
  131         order placement of an ignition interlock device as a
  132         condition of probation, subject to certain
  133         requirements; requiring the court to withhold
  134         adjudication if a person convicted of a certain
  135         offense voluntarily places, or if the court orders
  136         placement of, an ignition interlock device, under
  137         certain circumstances; providing that failure of the
  138         person to comply with the full terms of the order
  139         requiring placement of an ignition interlock device
  140         may result in the court ordering an adjudication of
  141         guilt; defining the term “conviction”; amending s.
  142         316.1937, F.S.; requiring a court that imposes the use
  143         of an ignition interlock device to provide certain
  144         discounts on the monthly leasing fee for the device,
  145         if the person documents that he or she meets certain
  146         income requirements; waiving costs associated with
  147         installation and removal of the device in certain
  148         circumstances; providing an effective date.