Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. PCS (726940) for CS for SB 1394
       
       
       
       
       
       
                                Ì481820}Î481820                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/29/2016           .                                
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       The Committee on Fiscal Policy (Bean) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 878 - 958
    4  and insert:
    5         Section 17. Subsection (2) of section 322.251, Florida
    6  Statutes, is amended to read:
    7         322.251 Notice of cancellation, suspension, revocation, or
    8  disqualification of license.—
    9         (2) The giving of notice and an order of cancellation,
   10  suspension, revocation, or disqualification by mail is complete
   11  upon expiration of 20 days after deposit in the United States
   12  mail for all notices except those issued under chapter 324 or
   13  ss. 627.732–627.734, which are complete 15 days after deposit in
   14  the United States mail. Proof of the giving of notice and an
   15  order of cancellation, suspension, revocation, or
   16  disqualification in either manner shall be made by entry in the
   17  records of the department that such notice was given. The entry
   18  is admissible in the courts of this state and constitutes
   19  sufficient proof that such notice was given. Whenever notice is
   20  given that a driving privilege will be suspended for nonpayment
   21  of a fine, the department shall include in the notice a
   22  statement informing the violator that, if he or she is unable to
   23  pay the citation in full, he or she may avoid a suspension by
   24  agreeing to a payment plan, based on his or her ability to pay,
   25  which will be provided through the clerk of the court in the
   26  county in which the citation was written.
   27         Section 18. Subsections (1), (3), and (4) of section
   28  322.2715, Florida Statutes, are amended to read:
   29         322.2715 Ignition interlock device.—
   30         (1) Before issuing a permanent or restricted driver license
   31  under this chapter, the department shall require the placement
   32  of a department-approved ignition interlock device for any
   33  person convicted of committing an offense of driving under the
   34  influence as specified in subsection (3), except that
   35  consideration may be given to those individuals having a
   36  documented medical condition that would prohibit the device from
   37  functioning normally. If a medical waiver has been granted for a
   38  convicted person seeking a restricted license, the convicted
   39  person is shall not be entitled to a restricted license until
   40  the required ignition interlock device installation period under
   41  subsection (3) expires, in addition to the time requirements
   42  under s. 322.271. If a medical waiver has been approved for a
   43  convicted person seeking permanent reinstatement of the driver
   44  license, the convicted person must be restricted to an
   45  employment-purposes-only license and be supervised by a licensed
   46  DUI program until the required ignition interlock device
   47  installation period under subsection (3) expires. An interlock
   48  device shall be placed on all vehicles that are individually or
   49  jointly leased or owned and routinely operated by the convicted
   50  person. Effective October 1, 2016, if a court in the Fourth
   51  Judicial Circuit orders a qualified sobriety and drug monitoring
   52  program as defined in s. 316.193(15) and authorized by 23 U.S.C.
   53  s. 164 under the pilot program implemented under s. 316.193(16),
   54  the department shall use the monitoring program as an
   55  alternative to the placement of an ignition interlock device
   56  required by this section.
   57         (3) If the person is convicted of:
   58         (a) A first offense of driving under the influence under s.
   59  316.193 and has an unlawful blood-alcohol level or breath
   60  alcohol level as specified in s. 316.193(1), the ignition
   61  interlock device may be installed for at least 6 continuous
   62  months.
   63         (b) A first offense of driving under the influence under s.
   64  316.193 and has an unlawful blood-alcohol level or breath
   65  alcohol level as specified in s. 316.193(4), or if a person is
   66  convicted of a violation of s. 316.193 and was at the time of
   67  the offense accompanied in the vehicle by a person younger than
   68  18 years of age, the person shall have the ignition interlock
   69  device installed for at least 6 continuous months for the first
   70  offense and for at least 2 continuous years for a second
   71  offense.
   72         (c) A second offense of driving under the influence, the
   73  ignition interlock device shall be installed for a period of at
   74  least 1 continuous year.
   75         (d) A third offense of driving under the influence which
   76  occurs within 10 years after a prior conviction for a violation
   77  of s. 316.193, the ignition interlock device shall be installed
   78  for a period of at least 2 continuous years.
   79         (e) A third offense of driving under the influence which
   80  occurs more than 10 years after the date of a prior conviction,
   81  the ignition interlock device shall be installed for a period of
   82  at least 2 continuous years.
   83         (f) A fourth or subsequent offense of driving under the
   84  influence, the ignition interlock device shall be installed for
   85  a period of at least 5 years.
   86  
   87  Effective October 1, 2016, if a court in the Fourth Judicial
   88  Circuit orders a qualified sobriety and drug monitoring program
   89  as defined in s. 316.193(15) and authorized by 23 U.S.C. s. 164
   90  under the pilot program implemented under s. 316.193(16), the
   91  department shall use the monitoring program as an alternative to
   92  the placement of an ignition interlock device required by this
   93  section.
   94         (4) If the court fails to order the mandatory placement of
   95  the ignition interlock device or fails to order for the
   96  applicable period the mandatory placement of an ignition
   97  interlock device under s. 316.193 or s. 316.1937 at the time of
   98  imposing sentence or within 30 days thereafter, the department
   99  shall immediately require that the ignition interlock device be
  100  installed as provided in this section, except that consideration
  101  may be given to those individuals having a documented medical
  102  condition that would prohibit the device from functioning
  103  normally. Effective October 1, 2016, if a court in the Fourth
  104  Judicial Circuit orders a qualified sobriety and drug monitoring
  105  program as defined in s. 316.193(15) and authorized by 23 U.S.C.
  106  s. 164 under the pilot program implemented under s. 316.193(16),
  107  the department shall use the monitoring program as an
  108  alternative to the placement of an ignition interlock device
  109  required by this section. This subsection applies to the
  110  reinstatement of the driving privilege following a revocation,
  111  suspension, or cancellation that is based upon a conviction for
  112  the offense of driving under the influence which occurs on or
  113  after July 1, 2005.
  114         Section 19. Present subsections (2) and (3) of section
  115  765.521, Florida Statutes, are redesignated as subsections (3)
  116  and (4), respectively, and a new subsection (2) is added to that
  117  section, to read:
  118         765.521 Donations as part of driver license or
  119  identification card process.—
  120         (2) The department shall maintain an integrated link on its
  121  website referring a visitor renewing a driver license or
  122  conducting other business to the donor registry operated under
  123  s. 765.5155.
  124  
  125  ================= T I T L E  A M E N D M E N T ================
  126  And the title is amended as follows:
  127         Delete lines 108 - 112
  128  and insert:
  129         322.251, F.S.; requiring the department to include in
  130         a notice that a driving privilege will be suspended
  131         for nonpayment of a fine a statement informing
  132         violators that, if they are unable to pay their
  133         citation in full to avoid suspension of their driving
  134         privileges, they may avoid a suspension by agreeing to
  135         a certain payment plan; amending s. 322.2715, F.S.;
  136         requiring the department to use a certain qualified
  137         sobriety and drug monitoring program as an alternative
  138         to the placement of an ignition interlock device as of
  139         a specified date under certain circumstances; amending
  140         s. 765.521; requiring the department to maintain an
  141         integrated link on its website referring certain
  142         visitors to a donor registry; directing the Department
  143         of Transportation to