Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. CS for SB 1394
Ì462752,Î462752
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/19/2016 .
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Appropriations Subcommittee on Transportation, Tourism, and
Economic Development (Latvala) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 191 - 373
4 and insert:
5 Section 4. Subsection (2), present paragraph (j) of
6 subsection (6), and subsection (11) of section 316.193, Florida
7 Statutes, are amended, present paragraphs (k), (l), and (m) of
8 subsection (6) are redesignated as paragraphs (j), (k), and (l),
9 respectively, and subsections (15) and (16) are added to that
10 section, to read:
11 316.193 Driving under the influence; penalties.—
12 (2)(a) Except as provided in paragraph (b), subsection (3),
13 or subsection (4), any person who is convicted of a violation of
14 subsection (1) shall be punished:
15 1. By a fine of:
16 a. Not less than $500 or more than $1,000 for a first
17 conviction.
18 b. Not less than $1,000 or more than $2,000 for a second
19 conviction; and
20 2. By imprisonment for:
21 a. Not more than 6 months for a first conviction.
22 b. Not more than 9 months for a second conviction.
23 3. For a second conviction, by mandatory placement for a
24 period of at least 1 year, at the convicted person’s sole
25 expense, of an ignition interlock device approved by the
26 department in accordance with s. 316.1938 upon all vehicles that
27 are individually or jointly leased or owned and routinely
28 operated by the convicted person, when the convicted person
29 qualifies for a permanent or restricted license. Effective
30 October 1, 2016, the court in the Fourth Judicial Circuit may
31 order an offender to participate in a qualified sobriety and
32 drug monitoring program, as defined in subsection (15) and
33 authorized by 23 U.S.C. s. 164, under the pilot program in
34 subsection (16), as an alternative to the placement of an
35 ignition interlock device required by this section The
36 installation of such device may not occur before July 1, 2003.
37 (b)1. Any person who is convicted of a third violation of
38 this section for an offense that occurs within 10 years after a
39 prior conviction for a violation of this section commits a
40 felony of the third degree, punishable as provided in s.
41 775.082, s. 775.083, or s. 775.084. In addition, the court shall
42 order the mandatory placement for a period of not less than 2
43 years, at the convicted person’s sole expense, of an ignition
44 interlock device approved by the department in accordance with
45 s. 316.1938 upon all vehicles that are individually or jointly
46 leased or owned and routinely operated by the convicted person,
47 when the convicted person qualifies for a permanent or
48 restricted license. Effective October 1, 2016, the court in the
49 Fourth Judicial Circuit may order an offender to participate in
50 a qualified sobriety and drug monitoring program, as defined in
51 subsection (15) and authorized by 23 U.S.C. s. 164, under the
52 pilot program in subsection (16), as an alternative to the
53 placement of an ignition interlock device required by this
54 section The installation of such device may not occur before
55 July 1, 2003.
56 2. Any person who is convicted of a third violation of this
57 section for an offense that occurs more than 10 years after the
58 date of a prior conviction for a violation of this section shall
59 be punished by a fine of not less than $2,000 or more than
60 $5,000 and by imprisonment for not more than 12 months. In
61 addition, the court shall order the mandatory placement for a
62 period of at least 2 years, at the convicted person’s sole
63 expense, of an ignition interlock device approved by the
64 department in accordance with s. 316.1938 upon all vehicles that
65 are individually or jointly leased or owned and routinely
66 operated by the convicted person, when the convicted person
67 qualifies for a permanent or restricted license. Effective
68 October 1, 2016, the court in the Fourth Judicial Circuit may
69 order an offender to participate in a qualified sobriety and
70 drug monitoring program, as defined in subsection (15) and
71 authorized by 23 U.S.C. s. 164, under the pilot program in
72 subsection (16), as an alternative to the placement of an
73 ignition interlock device required by this section The
74 installation of such device may not occur before July 1, 2003.
75 3. Any person who is convicted of a fourth or subsequent
76 violation of this section, regardless of when any prior
77 conviction for a violation of this section occurred, commits a
78 felony of the third degree, punishable as provided in s.
79 775.082, s. 775.083, or s. 775.084. However, the fine imposed
80 for such fourth or subsequent violation may be not less than
81 $2,000.
82 (c) In addition to the penalties in paragraph (a), the
83 court may order placement, at the convicted person’s sole
84 expense, of an ignition interlock device approved by the
85 department in accordance with s. 316.1938 for at least 6
86 continuous months upon all vehicles that are individually or
87 jointly leased or owned and routinely operated by the convicted
88 person if, at the time of the offense, the person had a blood
89 alcohol level or breath-alcohol level of .08 or higher.
90 (6) With respect to any person convicted of a violation of
91 subsection (1), regardless of any penalty imposed pursuant to
92 subsection (2), subsection (3), or subsection (4):
93 (j)1. Notwithstanding the provisions of this section, s.
94 316.1937, and s. 322.2715 relating to ignition interlock devices
95 required for second or subsequent offenders, in order to
96 strengthen the pretrial and posttrial options available to
97 prosecutors and judges, the court may order, if deemed
98 appropriate, that a person participate in a qualified sobriety
99 and drug monitoring program, as defined in subparagraph 2., in
100 addition to the ignition interlock device requirement.
101 Participation shall be at the person’s sole expense.
102 2. As used in this paragraph, the term “qualified sobriety
103 and drug monitoring program” means an evidence-based program,
104 approved by the department, in which participants are regularly
105 tested for alcohol and drug use. As the court deems appropriate,
106 the program may monitor alcohol or drugs through one or more of
107 the following modalities: breath testing twice a day; continuous
108 transdermal alcohol monitoring in cases of hardship; or random
109 blood, breath, urine, or oral fluid testing. Testing modalities
110 that provide the best ability to sanction a violation as close
111 in time as reasonably feasible to the occurrence of the
112 violation should be given preference. This paragraph does not
113 preclude a court from ordering an ignition interlock device as a
114 testing modality.
115 3. For purposes of this paragraph, the term “evidence-based
116 program” means a program that satisfies the requirements of at
117 least two of the following:
118 a. The program is included in the federal registry of
119 evidence-based programs and practices.
120 b. The program has been reported in a peer-reviewed journal
121 as having positive effects on the primary targeted outcome.
122 c. The program has been documented as effective by informed
123 experts and other sources.
124
125 For the purposes of this section, any conviction for a violation
126 of s. 327.35; a previous conviction for the violation of former
127 s. 316.1931, former s. 860.01, or former s. 316.028; or a
128 previous conviction outside this state for driving under the
129 influence, driving while intoxicated, driving with an unlawful
130 blood-alcohol level, driving with an unlawful breath-alcohol
131 level, or any other similar alcohol-related or drug-related
132 traffic offense, is also considered a previous conviction for
133 violation of this section. However, in satisfaction of the fine
134 imposed pursuant to this section, the court may, upon a finding
135 that the defendant is financially unable to pay either all or
136 part of the fine, order that the defendant participate for a
137 specified additional period of time in public service or a
138 community work project in lieu of payment of that portion of the
139 fine which the court determines the defendant is unable to pay.
140 In determining such additional sentence, the court shall
141 consider the amount of the unpaid portion of the fine and the
142 reasonable value of the services to be ordered; however, the
143 court may not compute the reasonable value of services at a rate
144 less than the federal minimum wage at the time of sentencing.
145 (11) The Department of Highway Safety and Motor Vehicles is
146 directed to adopt rules providing for the implementation of the
147 use of ignition interlock devices and qualified sobriety and
148 drug monitoring programs, as defined in subsection (15), to be
149 used in the pilot program under subsection (16).
150 (15) As used in this section, the term:
151 (a) “Qualified sobriety and drug monitoring program” means
152 an evidence-based program approved by the department which
153 authorizes a court or an agency with jurisdiction, as a
154 condition of bond, sentence, probation, parole, or restricted
155 driving privileges, to require a person who was arrested for,
156 pleaded guilty to, or was convicted of driving under the
157 influence of alcohol or drugs to be regularly tested for alcohol
158 and drug use. As the court deems appropriate, the program shall
159 monitor alcohol or drugs through one or more of the following
160 modalities: breath testing twice a day at a testing location;
161 continuous transdermal alcohol monitoring via an electronic
162 monitoring device; random blood, breath, or urine testing; or
163 drug patch or oral fluid testing. Testing modalities that
164 provide the best ability to detect a violation as close in time
165 as reasonably feasible to the occurrence of the violation should
166 be given preference. Participation shall be at the person’s sole
167 expense.
168 (b) “Evidence-based program” means a program that satisfies
169 the requirements of at least two of the following:
170 1. The program is included in the federal registry of
171 evidence-based programs and practices.
172 2. The program has been reported in a peer-reviewed journal
173 as having positive effects on the primary targeted outcome.
174 3. The program has been documented as effective by informed
175 experts and other sources.
176 (16) The Fourth Judicial Circuit, in coordination with the
177 department, shall implement a qualified sobriety and drug
178 monitoring pilot program effective October 1, 2016, for offenses
179 where an ignition interlock device is mandated under
180 subparagraphs (2)(a)3., (2)(b)1., and (2)(b)2. The Fourth
181 Judicial Circuit may order a qualified sobriety and drug
182 monitoring program, as defined in subsection (15) and authorized
183 by 23 U.S.C. s. 164, as an alternative to the ignition interlock
184 device. The Fourth Judicial Circuit shall provide a report on
185 the results of the pilot program to the Governor, the President
186 of the Senate, and the Speaker of the House of Representatives
187 by March 1, 2018.
188
189 ================= T I T L E A M E N D M E N T ================
190 And the title is amended as follows:
191 Delete lines 15 - 26
192 and insert:
193 certain tasks on the roadside; amending s. 316.193,
194 F.S.; authorizing, as of a specified date, a specified
195 court to order a certain qualified sobriety and drug
196 monitoring program under a specified pilot program as
197 an alternative to the placement of an ignition
198 interlock device; deleting obsolete provisions;
199 deleting provisions relating to a qualified sobriety
200 and drug monitoring program; directing the department
201 to adopt rules providing for the implementation of the
202 use of certain qualified sobriety and drug monitoring
203 programs; redefining the term “qualified sobriety and
204 drug monitoring program”; creating a qualified
205 sobriety and drug monitoring pilot program effective
206 on a specified date, subject to certain requirements;
207 requiring a specified court to provide a report to the
208 Governor and the Legislature by a specified date;
209 amending s.