Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. PCS (376118) for CS for SB 1272 Ì489780HÎ489780 LEGISLATIVE ACTION Senate . House Comm: WD . 04/24/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Bean) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 575 and 576 4 insert: 5 Section 6. Paragraphs (j) and (k) of subsection (6) of 6 section 316.193, Florida Statutes, are redesignated as 7 paragraphs (k) and (l), respectively, and a new paragraph (j) is 8 added to that subsection, to read: 9 316.193 Driving under the influence; penalties.— 10 (6) With respect to any person convicted of a violation of 11 subsection (1), regardless of any penalty imposed pursuant to 12 subsection (2), subsection (3), or subsection (4): 13 (j)1. Notwithstanding the provisions of this section, s. 14 316.1937, and s. 322.2715 relating to ignition interlock devices 15 required for second or subsequent offenders, in order to 16 strengthen the pretrial and posttrial options available to 17 prosecutors and judges, the court may order, if deemed 18 appropriate, that a person participate in a qualified sobriety 19 and drug monitoring program, as defined in subparagraph 2., in 20 lieu of the ignition interlock device requirement. Participation 21 shall be at the person’s sole expense. 22 2. As used in this paragraph, the term “qualified sobriety 23 and drug monitoring program” means an evidence-based program, 24 approved by the department, in which participants are regularly 25 tested for alcohol and drug use. As the court deems appropriate, 26 the program may monitor alcohol or drugs through one or more of 27 the following modalities: breath testing twice a day; continuous 28 transdermal alcohol monitoring in cases of hardship; or random 29 blood, breath, urine, or oral fluid testing. Testing modalities 30 that provide the best ability to sanction a violation as close 31 in time as reasonably feasible to the occurrence of the 32 violation should be given preference. This paragraph does not 33 preclude a court from ordering an ignition interlock device as a 34 testing modality. 35 3. For purposes of this paragraph, the term “evidence-based 36 program” means a program that satisfies the requirements of at 37 least two of the following: 38 a. The program is included in the federal registry of 39 evidence-based programs and practices. 40 b. The program has been reported in a peer-reviewed journal 41 as having positive effects on the primary targeted outcome. 42 c. The program has been documented as effective by informed 43 experts and other sources. 44 45 For the purposes of this section, any conviction for a violation 46 of s. 327.35; a previous conviction for the violation of former 47 s. 316.1931, former s. 860.01, or former s. 316.028; or a 48 previous conviction outside this state for driving under the 49 influence, driving while intoxicated, driving with an unlawful 50 blood-alcohol level, driving with an unlawful breath-alcohol 51 level, or any other similar alcohol-related or drug-related 52 traffic offense, is also considered a previous conviction for 53 violation of this section. However, in satisfaction of the fine 54 imposed pursuant to this section, the court may, upon a finding 55 that the defendant is financially unable to pay either all or 56 part of the fine, order that the defendant participate for a 57 specified additional period of time in public service or a 58 community work project in lieu of payment of that portion of the 59 fine which the court determines the defendant is unable to pay. 60 In determining such additional sentence, the court shall 61 consider the amount of the unpaid portion of the fine and the 62 reasonable value of the services to be ordered; however, the 63 court may not compute the reasonable value of services at a rate 64 less than the federal minimum wage at the time of sentencing. 65 66 ================= T I T L E A M E N D M E N T ================ 67 And the title is amended as follows: 68 Between lines 22 and 23 69 insert: 70 amending s. 316.193, F.S.; authorizing the court to 71 order sobriety and drug monitoring in lieu of 72 specified ignition interlock device requirements; 73 defining terms;