Florida Senate - 2014 SENATOR AMENDMENT
Bill No. CS/CS/HB 7005, 2nd Eng.
Ì407748NÎ407748
LEGISLATIVE ACTION
Senate . House
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Floor: 14/WD/3R .
05/02/2014 05:04 PM .
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Senator Brandes moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 409 - 597
4 and insert:
5 Section 5. Paragraphs (i), (j), and (k) of subsection (6)
6 of section 316.193, Florida Statutes, are redesignated as
7 paragraphs (j), (k), and (l), and a new paragraph (i) is added
8 to that section, 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 (i) The court may also dismiss the order of impoundment or
14 immobilization if the defendant provides proof to the
15 satisfaction of the court that a functioning, certified ignition
16 interlock device has been installed upon all vehicles that are
17 individually or jointly leased or owned and routinely operated
18 by the convicted person.
19 (j)(i) All costs and fees for the impoundment or
20 immobilization, including the cost of notification, must be paid
21 by the owner of the vehicle or, if the vehicle is leased or
22 rented, by the person leasing or renting the vehicle, unless the
23 impoundment or immobilization order is dismissed. All provisions
24 of s. 713.78 shall apply. The costs and fees for the impoundment
25 or immobilization must be paid directly to the person impounding
26 or immobilizing the vehicle.
27 (k)(j) The person who owns a vehicle that is impounded or
28 immobilized under this paragraph, or a person who has a lien of
29 record against such a vehicle and who has not requested a review
30 of the impoundment pursuant to paragraph (e), paragraph (f), or
31 paragraph (g), may, within 10 days after the date that person
32 has knowledge of the location of the vehicle, file a complaint
33 in the county in which the owner resides to determine whether
34 the vehicle was wrongfully taken or withheld from the owner or
35 lienholder. Upon the filing of a complaint, the owner or
36 lienholder may have the vehicle released by posting with the
37 court a bond or other adequate security equal to the amount of
38 the costs and fees for impoundment or immobilization, including
39 towing or storage, to ensure the payment of such costs and fees
40 if the owner or lienholder does not prevail. When the bond is
41 posted and the fee is paid as set forth in s. 28.24, the clerk
42 of the court shall issue a certificate releasing the vehicle. At
43 the time of release, after reasonable inspection, the owner or
44 lienholder must give a receipt to the towing or storage company
45 indicating any loss or damage to the vehicle or to the contents
46 of the vehicle.
47 (l)(k) A defendant, in the court’s discretion, may be
48 required to serve all or any portion of a term of imprisonment
49 to which the defendant has been sentenced pursuant to this
50 section in a residential alcoholism treatment program or a
51 residential drug abuse treatment program. Any time spent in such
52 a program must be credited by the court toward the term of
53 imprisonment.
54
55 For the purposes of this section, any conviction for a violation
56 of s. 327.35; a previous conviction for the violation of former
57 s. 316.1931, former s. 860.01, or former s. 316.028; or a
58 previous conviction outside this state for driving under the
59 influence, driving while intoxicated, driving with an unlawful
60 blood-alcohol level, driving with an unlawful breath-alcohol
61 level, or any other similar alcohol-related or drug-related
62 traffic offense, is also considered a previous conviction for
63 violation of this section. However, in satisfaction of the fine
64 imposed pursuant to this section, the court may, upon a finding
65 that the defendant is financially unable to pay either all or
66 part of the fine, order that the defendant participate for a
67 specified additional period of time in public service or a
68 community work project in lieu of payment of that portion of the
69 fine which the court determines the defendant is unable to pay.
70 In determining such additional sentence, the court shall
71 consider the amount of the unpaid portion of the fine and the
72 reasonable value of the services to be ordered; however, the
73 court may not compute the reasonable value of services at a rate
74 less than the federal minimum wage at the time of sentencing.
75 Section 6. Subsection (7) of section 316.1937, Florida
76 Statutes, is amended to read:
77 316.1937 Ignition interlock devices, requiring; unlawful
78 acts.—
79 (7) Notwithstanding the provisions of this section, if a
80 person is required to operate a motor vehicle in the course and
81 scope of his or her employment and if the vehicle is owned or
82 leased by the employer, the person may operate that vehicle
83 without installation of an approved ignition interlock device if
84 the employer has been notified of such driving privilege
85 restriction. and if Proof of that notification must be is with
86 the vehicle. This employment exemption does not apply, however,
87 if the business entity which owns the vehicle is owned or
88 controlled by the person whose driving privilege has been
89 restricted.
90 Section 7. Section 316.1938, Florida Statutes, is amended
91 to read:
92 316.1938 Ignition interlock devices, certification; warning
93 label.—
94 (1) The department shall contract with a minimum of three
95 providers, who have been selected through a competitive
96 procurement process pursuant to s. 287.057, needed to implement
97 the ignition interlock requirements of this chapter and chapter
98 322. Such contract shall be at no cost to the state. The
99 contract between the department and the selected providers of
100 ignition interlock devices shall be for a term of five years.
101 The department is authorized to adopt rules to implement the
102 ignition interlock requirements of this chapter and chapter 322.
103 Such rules may include, but shall not be limited to, medical
104 waivers, specifications for such devices, and their approval,
105 installation, removal, servicing, and monitoring. The Department
106 of Highway Safety and Motor Vehicles shall certify or cause to
107 be certified the accuracy and precision of the breath-testing
108 component of the ignition interlock devices as required by s.
109 316.1937, and shall publish a list of approved devices, together
110 with rules governing the accuracy and precision of the breath
111 testing component of such devices as adopted by rule in
112 compliance with s. 316.1937. The cost of certification shall be
113 borne by the manufacturers of ignition interlock devices.
114 (2) Ignition interlock devices required by this chapter and
115 chapter 322 shall conform to specification of the rules or
116 contracts of the department. No model of ignition interlock
117 device shall be certified unless it meets the accuracy
118 requirements specified by rule of the department.
119 (3) The department shall design and adopt by rule A warning
120 label must which shall be affixed to each ignition interlock
121 device upon installation. The label must shall contain a warning
122 that any person who tampers with, circumvents, tampering,
123 circumventing, or otherwise misuses misusing the device commits
124 is guilty of a violation of law and may be subject to civil
125 liability.
126
127 ================= T I T L E A M E N D M E N T ================
128 And the title is amended as follows:
129 Delete lines 21 - 43
130 and insert:
131 the roadside; amending s. 316.193, F.S.; authorizing
132 the court to dismiss the order of impoundment or
133 immobilization under certain circumstances; amending
134 s. 316.1937, F.S.; revising provisions relating to the
135 authority to operate a vehicle without installation of
136 an approved ignition interlock device; amending s.
137 316.1938, F.S.; requiring the Department of Highway
138 Safety and Motor Vehicles to contract with certain
139 providers of ignition interlock devices; specifying
140 contract years; authorizing the department to adopt
141 rules; requiring ignition interlock devices to conform
142 to department rules; specifying a warning label
143 requirement; amending s. 316.1975, F.S.;