Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 1244
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LEGISLATIVE ACTION
Senate . House
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The Committee on Judiciary (Simmons) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (2) of section 316.193, Florida
6 Statutes, is amended to read:
7 316.193 Driving under the influence; penalties.—
8 (2)(a) Except as provided in paragraph (b), subsection (3),
9 or subsection (4), any person who is convicted of a violation of
10 subsection (1) shall be punished:
11 1. By a fine of:
12 a. Not less than $500 or more than $1,000 for a first
13 conviction.
14 b. Not less than $1,000 or more than $2,000 for a second
15 conviction; and
16 2. By imprisonment for:
17 a. Not more than 6 months for a first conviction.
18 b. Not more than 9 months for a second conviction.
19 3. By mandatory placement, at the convicted person’s sole
20 expense, of an ignition interlock device approved by the
21 department in accordance with s. 316.1938:
22 a. For a first conviction, for a period of at least 6
23 months; or
24 b. For a second conviction, by mandatory placement for a
25 period of at least 1 year, at the convicted person’s sole
26 expense, of an ignition interlock device approved by the
27 department in accordance with s. 316.1938
28
29 upon all vehicles that are individually or jointly leased or
30 owned and routinely operated by the convicted person, when the
31 convicted person qualifies for a permanent or restricted
32 license. The installation of such device may not occur before
33 July 1, 2003.
34 (b)1. Any person who is convicted of a third violation of
35 this section for an offense that occurs within 10 years after a
36 prior conviction for a violation of this section commits a
37 felony of the third degree, punishable as provided in s.
38 775.082, s. 775.083, or s. 775.084. In addition, the court shall
39 order the mandatory placement for a period of not less than 2
40 years, at the convicted person’s sole expense, of an ignition
41 interlock device approved by the department in accordance with
42 s. 316.1938 upon all vehicles that are individually or jointly
43 leased or owned and routinely operated by the convicted person,
44 when the convicted person qualifies for a permanent or
45 restricted license. The installation of such device may not
46 occur before July 1, 2003.
47 2. Any person who is convicted of a third violation of this
48 section for an offense that occurs more than 10 years after the
49 date of a prior conviction for a violation of this section shall
50 be punished by a fine of not less than $2,000 or more than
51 $5,000 and by imprisonment for not more than 12 months. In
52 addition, the court shall order the mandatory placement for a
53 period of at least 2 years, at the convicted person’s sole
54 expense, of an ignition interlock device approved by the
55 department in accordance with s. 316.1938 upon all vehicles that
56 are individually or jointly leased or owned and routinely
57 operated by the convicted person, when the convicted person
58 qualifies for a permanent or restricted license. The
59 installation of such device may not occur before July 1, 2003.
60 3. Any person who is convicted of a fourth or subsequent
61 violation of this section, regardless of when any prior
62 conviction for a violation of this section occurred, commits a
63 felony of the third degree, punishable as provided in s.
64 775.082, s. 775.083, or s. 775.084. However, the fine imposed
65 for such fourth or subsequent violation may be not less than
66 $2,000.
67 (c) In addition to the penalties in paragraph (a), the
68 court may order placement, at the convicted person’s sole
69 expense, of an ignition interlock device approved by the
70 department in accordance with s. 316.1938 for at least 6
71 continuous months upon all vehicles that are individually or
72 jointly leased or owned and routinely operated by the convicted
73 person if, at the time of the offense, the person had a blood
74 alcohol level or breath-alcohol level of .08 or higher.
75 Section 2. This act shall take effect October 1, 2016.
76 ================= T I T L E A M E N D M E N T ================
77 And the title is amended as follows:
78 Delete everything before the enacting clause
79 and insert:
80 A bill to be entitled
81 An act relating to driving under the influence;
82 amending s. 316.193, F.S.; requiring mandatory
83 placement, at the convicted person’s sole expense, of
84 an ignition interlock device for a specified period
85 for a first conviction for driving under the
86 influence; deleting obsolete provisions; conforming
87 provisions to changes made by the act; providing an
88 effective date.