Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. SB 1396
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/04/2020 .
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The Committee on Criminal Justice (Simmons) recommended the
following:
1 Senate Amendment
2
3 Delete lines 37 - 131
4 and insert:
5 provided in s. 316.193 the opportunity to avoid a conviction for
6 the offense while ensuring the person receives substance abuse
7 treatment if necessary. The state attorney of the judicial
8 circuit shall develop policies and procedures of the pilot
9 program, including program implementation and operation and the
10 selection of approved program providers. In developing such
11 policies and procedures, the state attorney shall consult local
12 law enforcement agency representatives, county probation, the
13 public defender, and local program providers. The state attorney
14 of each judicial circuit shall operate that circuit’s pilot
15 program. Each judicial circuit shall publish the terms and
16 conditions of the pilot program on the website of the office of
17 the state attorney.
18 (2) ELIGIBILITY REQUIREMENTS.—
19 (a) A person charged with driving under the influence,
20 contrary to s. 316.193, is eligible for participation in the
21 pilot program if he or she:
22 1. Has not been charged with a prior alcohol-related or
23 drug-related criminal traffic offense, regardless of
24 disposition.
25 2. Does not have a pending felony or prior felony
26 conviction.
27 3. Has no more than two prior misdemeanor convictions.
28 4. Was not involved in a motor vehicle crash or accident
29 relating to the charge of driving under the influence.
30 5. Was not, at the time of the offense, accompanied in the
31 vehicle by a person under 18 years of age.
32 6. Did not, at the time of the offense, have a blood
33 alcohol level of 0.20 or more grams of alcohol per 100
34 milliliters of blood; or a breath-alcohol level of 0.20 or more
35 grams of alcohol per 210 liters of breath.
36 7. Has not previously participated in the pilot program.
37 8. Waives the speedy trial period. The speedy trial period
38 is tolled immediately upon entry into the pilot program until
39 the participant completes all terms and enters a plea pursuant
40 to subsection (4) or the participant is discharged from the
41 pilot program pursuant to subsection (5).
42 (b) For purposes of this subsection, the term “conviction”
43 means a determination of guilt which is the result of a plea or
44 trial, regardless of whether adjudication is withheld or a plea
45 of nolo contendere is entered.
46 (3) PILOT PROGRAM REQUIREMENTS.—
47 (a) A person must participate in the pilot program for 12
48 months, during which period he or she may not possess or consume
49 alcohol, or any controlled substance as set forth in ch. 893,
50 unless the controlled substance was lawfully obtained from a
51 practitioner or pursuant to a valid prescription, and must
52 complete the following as administered by an approved program
53 provider:
54 1. Fifty hours of community service if, at the time of the
55 offense, the person had a blood-alcohol level of 0.15 or less
56 grams of alcohol per 100 milliliters of blood; or a breath
57 alcohol level of 0.15 or less grams of alcohol per 210 liters of
58 breath.
59 2. Seventy-five hours of community service if, at the time
60 of the offense, the person had a blood-alcohol level more than
61 0.15, but less than 0.20 grams of alcohol per 100 milliliters of
62 blood; or breath-alcohol level more than 0.15, but less than
63 0.20 grams of alcohol per 210 liters of breath; or did not
64 provide a blood or breath sample.
65 3. A substance abuse course conducted by a DUI program
66 licensed by the department under s. 322.292, which shall include
67 a psychosocial evaluation of the person, and any substance abuse
68 treatment recommendations by such program.
69 4. A victim’s impact panel session, if such a panel exists
70 within the judicial circuit, or a victim’s impact class.
71 (b) A person who participates in the pilot program must pay
72 all fines and standard costs imposed by the judicial circuit.
73 (c) Upon commencement of the person’s participation in the
74 pilot program, all motor vehicles that are individually or
75 jointly leased or owned and routinely operated by the person
76 shall be impounded or immobilized for a period of 10 days.
77 (d)1. After the impoundment or immobilization period
78 required by paragraph (c), the person shall have installed on
79 all such vehicles, and must successfully use, an ignition
80 interlock device approved by the department in accordance with
81 s. 316.1938 for a period of:
82 a. Ninety days if, at the time of the offense, the person
83 had blood-alcohol level of 0.15 or lower, grams of alcohol per
84 100 milliliters of blood; or breath-alcohol level of 0.15 or
85 lower, grams of alcohol per 210 liters of breath.
86 b. One hundred eighty days if, at the time of the offense,
87 the person had a blood-alcohol level more than 0.15, but less
88 than 0.20 grams of alcohol per 100 milliliters of blood; or
89 breath-alcohol level more than 0.15, but less than 0.20 grams of
90 alcohol per 210 liters of breath; or did not provide a blood or
91 breath sample.
92 2. If the person claims inability to pay for an ignition
93 interlock device and:
94 a. The person’s family income is at or below 100 percent of
95 the federal poverty level as documented by written order of the
96 court, the regular monthly leasing fee charged to all customers
97 by the ignition interlock device provider shall be discounted
98 for that person by 50 percent.
99 b. The person’s family income is greater than 100 percent
100 but at or below 149 percent of the federal poverty level as
101 documented by written order of the court, the regular monthly
102 leasing fee charged to all customers by the ignition interlock
103 device provider shall be discounted for that person by 25
104 percent.
105 3. A person who qualifies for a discounted monthly leasing
106 fee pursuant to subparagraph 2. is not required to pay the cost
107 of installation or deinstallation of the ignition interlock
108 device.
109 (4) COMPLETION OF PILOT PROGRAM.—If a person complies with
110 this section and successfully completes the pilot program, he or
111 she shall be offered an agreement providing for a plea of guilty
112 or nolo contendre to the offense of reckless driving as provided
113 in s. 316.192. A person who accepts such plea agreement is not
114 subject to the provisions of this chapter relating to the
115 offense of driving under the influence, and the trial judge
116 shall withhold adjudication for reckless driving notwithstanding
117 s. 316.656.