Florida Senate - 2020                             CS for SB 1396
       
       
        
       By the Committee on Criminal Justice; and Senator Simmons
       
       
       
       
       
       591-03074-20                                          20201396c1
    1                        A bill to be entitled                      
    2         An act relating to driving under the influence;
    3         creating s. 316.19395, F.S.; requiring each judicial
    4         circuit to establish a Driving Under the Influence
    5         Diversion Pilot Program; providing the purpose of the
    6         pilot program; requiring the state attorney of each
    7         judicial circuit to develop and operate the pilot
    8         program; requiring the policies and procedures of the
    9         pilot program to be published on the website of the
   10         office of the state attorney; providing eligibility
   11         requirements; defining the term “conviction”;
   12         providing pilot program requirements; requiring that a
   13         person who completes the pilot program be offered a
   14         certain plea agreement; providing for withholding of
   15         adjudication; authorizing the state attorney to
   16         discharge a person who fails to complete the pilot
   17         program and pursue prosecution of driving under the
   18         influence; requiring state attorneys to annually
   19         report certain information to the Governor and the
   20         Legislature, by a specified date; requiring the
   21         Department of Highway Safety and Motor Vehicles to
   22         establish a certain statewide database, by a certain
   23         date; requiring judicial circuits to provide a certain
   24         monthly report to the department; providing an
   25         effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 316.19395, Florida Statutes, is created
   30  to read:
   31         316.19395Driving Under the Influence Diversion Pilot
   32  Program.—
   33         (1)DEVELOPMENT; IMPLEMENTATION; OPERATION.—A Driving Under
   34  the Influence Diversion Pilot Program shall be established in
   35  each judicial circuit for the purpose of offering a person
   36  charged with a first offense of driving under the influence as
   37  provided in s. 316.193 the opportunity to avoid a conviction for
   38  the offense while ensuring the person receives substance abuse
   39  treatment if necessary. The state attorney of the judicial
   40  circuit shall develop policies and procedures of the pilot
   41  program, including program implementation and operation and the
   42  selection of approved program providers. In developing such
   43  policies and procedures, the state attorney shall consult local
   44  law enforcement agency representatives, county probation
   45  officers, the public defender, and local program providers. The
   46  state attorney of each judicial circuit shall operate that
   47  circuit’s pilot program. Each judicial circuit shall publish the
   48  terms and conditions of the pilot program on the website of the
   49  office of the state attorney.
   50         (2)ELIGIBILITY REQUIREMENTS.—
   51         (a)A person charged with driving under the influence, in
   52  violation of s. 316.193, is eligible for participation in the
   53  pilot program if he or she:
   54         1.Has not been charged with a prior alcohol-related or
   55  drug-related criminal traffic offense, regardless of
   56  disposition.
   57         2.Does not have a pending felony or prior felony
   58  conviction.
   59         3.Has no more than two prior misdemeanor convictions.
   60         4.Was not involved in a motor vehicle crash or accident
   61  relating to the charge of driving under the influence.
   62         5.Was not, at the time of the offense, accompanied in the
   63  vehicle by a person under 18 years of age.
   64         6.Did not, at the time of the offense, have a blood
   65  alcohol level of 0.20 or more grams of alcohol per 100
   66  milliliters of blood; or a breath-alcohol level of 0.20 or more
   67  grams of alcohol per 210 liters of breath.
   68         7.Has not previously participated in the pilot program.
   69         8. Waives the speedy trial period. The speedy trial period
   70  is tolled immediately upon entry into the pilot program until
   71  the participant completes all terms and enters a plea pursuant
   72  to subsection (4) or the participant is discharged from the
   73  pilot program pursuant to subsection (5).
   74         (b)For purposes of this subsection, the term “conviction”
   75  means a determination of guilt which is the result of a plea or
   76  trial, regardless of whether adjudication is withheld or a plea
   77  of nolo contendere is entered.
   78         (3)PILOT PROGRAM REQUIREMENTS.—
   79         (a) A person must participate in the pilot program for 12
   80  months, during which period he or she may not possess or consume
   81  alcohol, or any controlled substance as set forth in chapter
   82  893, unless the controlled substance was lawfully obtained from
   83  a practitioner or pursuant to a valid prescription, and must
   84  complete the following as administered by an approved program
   85  provider:
   86         1.Fifty hours of community service if, at the time of the
   87  offense, the person had a blood-alcohol level of 0.15 or less
   88  grams of alcohol per 100 milliliters of blood; or a breath
   89  alcohol level of 0.15 or less grams of alcohol per 210 liters of
   90  breath.
   91         2.Seventy-five hours of community service if, at the time
   92  of the offense, the person had a blood-alcohol level of more
   93  than 0.15, but less than 0.20 grams of alcohol per 100
   94  milliliters of blood; or a breath-alcohol level of more than
   95  0.15, but less than 0.20 grams of alcohol per 210 liters of
   96  breath; or did not provide a blood or breath sample.
   97         3.A substance abuse course conducted by a DUI program
   98  licensed by the department under s. 322.292, which shall include
   99  a psychosocial evaluation of the person, and any substance abuse
  100  treatment recommendations by such program.
  101         4.A victim’s impact panel session, if such a panel exists
  102  within the judicial circuit, or a victim’s impact class.
  103         (b)A person who participates in the pilot program must pay
  104  all fines and standard costs imposed by the judicial circuit.
  105         (c)Upon commencement of the person’s participation in the
  106  pilot program, all motor vehicles that are individually or
  107  jointly leased or owned and routinely operated by the person
  108  shall be impounded or immobilized for a period of 10 days.
  109         (d)1.After the impoundment or immobilization period
  110  required by paragraph (c), the person shall have installed on
  111  all such vehicles, and must successfully use, an ignition
  112  interlock device approved by the department in accordance with
  113  s. 316.1938 for a period of:
  114         a.Ninety days if, at the time of the offense, the person
  115  had a blood-alcohol level of 0.15 or less grams of alcohol per
  116  100 milliliters of blood; or a breath-alcohol level of 0.15 or
  117  less grams of alcohol per 210 liters of breath.
  118         b.One hundred eighty days if, at the time of the offense,
  119  the person had a blood-alcohol level of more than 0.15, but less
  120  than 0.20 grams of alcohol per 100 milliliters of blood; or a
  121  breath-alcohol level more than 0.15, but less than 0.20 grams of
  122  alcohol per 210 liters of breath; or did not provide a blood or
  123  breath sample.
  124         2.If the person claims inability to pay for an ignition
  125  interlock device and:
  126         a.The person’s family income is at or below 100 percent of
  127  the federal poverty level as documented by written order of the
  128  court, the regular monthly leasing fee charged to all customers
  129  by the ignition interlock device provider shall be discounted
  130  for that person by 50 percent.
  131         b.The person’s family income is greater than 100 percent
  132  but at or below 149 percent of the federal poverty level as
  133  documented by written order of the court, the regular monthly
  134  leasing fee charged to all customers by the ignition interlock
  135  device provider shall be discounted for that person by 25
  136  percent.
  137         3.A person who qualifies for a discounted monthly leasing
  138  fee pursuant to subparagraph 2. is not required to pay the cost
  139  of installation or deinstallation of the ignition interlock
  140  device.
  141         (4)COMPLETION OF PILOT PROGRAM.—If a person complies with
  142  this section and successfully completes the pilot program, he or
  143  she shall be offered an agreement providing for a plea of guilty
  144  or nolo contendere to the offense of reckless driving as
  145  provided in s. 316.192. A person who accepts such plea agreement
  146  is not subject to the provisions of this chapter relating to the
  147  offense of driving under the influence, and the trial judge
  148  shall withhold adjudication for reckless driving notwithstanding
  149  s. 316.656.
  150         (5)FAILURE TO COMPLETE PILOT PROGRAM.—If a person does not
  151  comply with this section and fails to successfully complete the
  152  pilot program, the state attorney operating the pilot program
  153  may discharge the person from the program and pursue prosecution
  154  of the offense of driving under the influence.
  155         (6)ANNUAL REPORT.—By October 1 of each year, beginning in
  156  2021, the state attorney of each judicial circuit shall report
  157  the results of the pilot program to the Governor, the President
  158  of the Senate, and the Speaker of the House of Representatives.
  159  The report shall include:
  160         (a)The number of cases diverted from prosecution of
  161  driving under the influence.
  162         (b)The number of persons who successfully completed the
  163  pilot program.
  164         (c)The number of persons who failed to successfully
  165  complete the pilot program and were discharged from the program.
  166         (d)The number of persons who successfully completed the
  167  pilot program who were later charged with another alcohol
  168  related or drug-related criminal traffic offense.
  169         (e)The number of persons who failed to successfully
  170  complete the pilot program who were later charged with another
  171  alcohol-related or drug-related criminal traffic offense.
  172         (7)STATEWIDE DATABASE.—By July 1, 2023, the department
  173  shall establish a statewide database of persons who participate
  174  in the pilot program. Each judicial circuit must provide monthly
  175  reports to the department of the number of persons who have
  176  elected to participate in the pilot program.
  177         Section 2. This act shall take effect July 1, 2020.