Florida Senate - 2017                       CS for CS for SB 918
       
       
        
       By the Committees on Transportation; and Criminal Justice; and
       Senator Simmons
       
       
       
       
       596-04107-17                                           2017918c2
    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; authorizing 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. If the convicted person is convicted of a first
   90  offense misdemeanor of the second degree and has not caused
   91  injury to, or the death of, a person or damage to property and
   92  such person voluntarily places, or if the court orders placement
   93  of, an interlock device under this subsection, the court, upon
   94  proper showing that the person has received counseling,
   95  treatment, rehabilitation or is enrolled in a substance abuse
   96  course pursuant to subsection (5), may withhold adjudication if
   97  the person does not have a prior withholding of adjudication or
   98  adjudication of guilt for any other offense. Failure of the
   99  person to comply with the full terms of the order of placement
  100  of the ignition interlock device may result in, among other
  101  penalties, the court ordering an adjudication of guilt.
  102  
  103  For purposes of this subsection, the term “conviction” means a
  104  determination of guilt which is the result of a plea or a trial,
  105  regardless of whether adjudication is withheld or a plea of nolo
  106  contendere is entered.
  107         Section 2. Subsection (2) of section 316.1937, Florida
  108  Statutes, is amended to read:
  109         316.1937 Ignition interlock devices, requiring; unlawful
  110  acts.—
  111         (2) If the court imposes the use of an ignition interlock
  112  device, the court shall:
  113         (a) Stipulate on the record the requirement for, and the
  114  period of, the use of a certified ignition interlock device.
  115         (b) Order that the records of the department reflect such
  116  requirement.
  117         (c) Order that an ignition interlock device be installed,
  118  as the court may determine necessary, on any vehicle owned or
  119  operated by the person.
  120         (d) If the person claims inability to pay, provide the
  121  following discounts on the monthly leasing fee:
  122         1. If a person’s family income is at or below 100 percent
  123  of the federal poverty level as documented by written order of
  124  the court, the regular monthly leasing fee charged to all
  125  customers by the interlock provider shall be discounted by 50
  126  percent.
  127         2. If a person’s family income is at or below 149 percent
  128  of the federal poverty level as documented by written order of
  129  the court, the regular monthly leasing fee charged to all
  130  customers by the interlock provider shall be discounted by 25
  131  percent.
  132  
  133  Persons who qualify for a reduced leasing fee as provided in
  134  this paragraph are not required to pay the costs of installation
  135  or removal of the device. Determine the person’s ability to pay
  136  for installation of the device if the person claims inability to
  137  pay. If the court determines that the person is unable to pay
  138  for installation of the device, the court may order that any
  139  portion of a fine paid by the person for a violation of s.
  140  316.193 shall be allocated to defray the costs of installing the
  141  device.
  142         (e) Require proof of installation of the device and
  143  periodic reporting to the department for verification of the
  144  operation of the device in the person’s vehicle.
  145         Section 3. This act shall take effect October 1, 2017.