Florida Senate - 2017 CS for SB 918
By the Committee on Criminal Justice; and Senator Simmons
591-03324-17 2017918c1
1 A bill to be entitled
2 An act relating to driving under the influence;
3 amending s. 316.193, F.S.; authorizing a court to
4 order placement of an ignition interlock device as a
5 condition of probation, subject to certain
6 requirements; requiring the court to withhold
7 adjudication if a person convicted of a certain
8 offense voluntarily places, or if the court orders
9 placement of, an ignition interlock device, under
10 certain circumstances; providing that failure of the
11 person to comply with the full terms of the order
12 requiring placement of an ignition interlock device
13 may result in the court ordering an adjudication of
14 guilt; defining the term “conviction”; amending s.
15 316.1937, F.S.; requiring a court that imposes the use
16 of an ignition interlock device to provide certain
17 discounts on the monthly leasing fee for the device,
18 if the person documents that he or she meets certain
19 income requirements; waiving costs associated with
20 installation and removal of the device in certain
21 circumstances; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsection (2) of section 316.193, Florida
26 Statutes, is amended to read:
27 316.193 Driving under the influence; penalties.—
28 (2)
29 (a) Except as provided in paragraph (b), subsection (3), or
30 subsection (4), any person who is convicted of a violation of
31 subsection (1) shall be punished:
32 1. By a fine of:
33 a. Not less than $500 or more than $1,000 for a first
34 conviction.
35 b. Not less than $1,000 or more than $2,000 for a second
36 conviction; and
37 2. By imprisonment for:
38 a. Not more than 6 months for a first conviction.
39 b. Not more than 9 months for a second conviction.
40 3. For a second conviction, by mandatory placement for a
41 period of at least 1 year, at the convicted person’s sole
42 expense, of an ignition interlock device approved by the
43 department in accordance with s. 316.1938 upon all vehicles that
44 are individually or jointly leased or owned and routinely
45 operated by the convicted person, when the convicted person
46 qualifies for a permanent or restricted license. The
47 installation of such device may not occur before July 1, 2003.
48 (b)1. Any person who is convicted of a third violation of
49 this section for an offense that occurs within 10 years after a
50 prior conviction for a violation of this section commits a
51 felony of the third degree, punishable as provided in s.
52 775.082, s. 775.083, or s. 775.084. In addition, the court shall
53 order the mandatory placement for a period of not less than 2
54 years, at the convicted person’s sole expense, of an ignition
55 interlock device approved by the department in accordance with
56 s. 316.1938 upon all vehicles that are individually or jointly
57 leased or owned and routinely operated by the convicted person,
58 when the convicted person qualifies for a permanent or
59 restricted license. The installation of such device may not
60 occur before July 1, 2003.
61 2. Any person who is convicted of a third violation of this
62 section for an offense that occurs more than 10 years after the
63 date of a prior conviction for a violation of this section shall
64 be punished by a fine of not less than $2,000 or more than
65 $5,000 and by imprisonment for not more than 12 months. In
66 addition, the court shall order the mandatory placement for a
67 period of at least 2 years, at the convicted person’s sole
68 expense, of an ignition interlock device approved by the
69 department in accordance with s. 316.1938 upon all vehicles that
70 are individually or jointly leased or owned and routinely
71 operated by the convicted person, when the convicted person
72 qualifies for a permanent or restricted license. The
73 installation of such device may not occur before July 1, 2003.
74 3. Any person who is convicted of a fourth or subsequent
75 violation of this section, regardless of when any prior
76 conviction for a violation of this section occurred, commits a
77 felony of the third degree, punishable as provided in s.
78 775.082, s. 775.083, or s. 775.084. However, the fine imposed
79 for such fourth or subsequent violation may be not less than
80 $2,000.
81 (c) In addition to the penalties in paragraph (a), as a
82 condition of probation, the court may order placement, at the
83 convicted person’s sole expense, of an ignition interlock device
84 approved by the department in accordance with s. 316.1938 for at
85 least 6 continuous months upon all vehicles that are
86 individually or jointly leased or owned and routinely operated
87 by the convicted person if, at the time of the offense, the
88 person had a blood-alcohol level or breath-alcohol level of .08
89 or higher. Notwithstanding s. 316.656, if a person convicted of
90 a first offense misdemeanor of the second degree voluntarily
91 places, or if the court orders placement of, an ignition
92 interlock device under this subsection, the court shall withhold
93 adjudication if the person does not have a prior withholding of
94 adjudication or adjudication of guilt for any other offense.
95 Failure of the person to comply with the full terms of the order
96 of placement of the ignition interlock device may result in,
97 among other penalties, the court ordering an adjudication of
98 guilt.
99
100 For purposes of this subsection, the term “conviction” means a
101 determination of guilt which is the result of a plea or a trial,
102 regardless of whether adjudication is withheld or a plea of nolo
103 contendere is entered.
104 Section 2. Subsection (2) of section 316.1937, Florida
105 Statutes, is amended to read:
106 316.1937 Ignition interlock devices, requiring; unlawful
107 acts.—
108 (2) If the court imposes the use of an ignition interlock
109 device, the court shall:
110 (a) Stipulate on the record the requirement for, and the
111 period of, the use of a certified ignition interlock device.
112 (b) Order that the records of the department reflect such
113 requirement.
114 (c) Order that an ignition interlock device be installed,
115 as the court may determine necessary, on any vehicle owned or
116 operated by the person.
117 (d) If the person claims inability to pay, provide the
118 following discounts on the monthly leasing fee:
119 1. If a person’s family income is at or below 100 percent
120 of the federal poverty level as documented by written order of
121 the court, the regular monthly leasing fee charged to all
122 customers by the interlock provider shall be discounted by 50
123 percent.
124 2. If a person’s family income is at or below 149 percent
125 of the federal poverty level as documented by written order of
126 the court, the regular monthly leasing fee charged to all
127 customers by the interlock provider shall be discounted by 25
128 percent.
129
130 Persons who qualify for a reduced leasing fee as provided in
131 this paragraph are not required to pay the costs of installation
132 or removal of the device. Determine the person’s ability to pay
133 for installation of the device if the person claims inability to
134 pay. If the court determines that the person is unable to pay
135 for installation of the device, the court may order that any
136 portion of a fine paid by the person for a violation of s.
137 316.193 shall be allocated to defray the costs of installing the
138 device.
139 (e) Require proof of installation of the device and
140 periodic reporting to the department for verification of the
141 operation of the device in the person’s vehicle.
142 Section 3. This act shall take effect October 1, 2017.