Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. PCS (726940) for CS for SB 1394 Ì481820}Î481820 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/29/2016 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Fiscal Policy (Bean) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 878 - 958 4 and insert: 5 Section 17. Subsection (2) of section 322.251, Florida 6 Statutes, is amended to read: 7 322.251 Notice of cancellation, suspension, revocation, or 8 disqualification of license.— 9 (2) The giving of notice and an order of cancellation, 10 suspension, revocation, or disqualification by mail is complete 11 upon expiration of 20 days after deposit in the United States 12 mail for all notices except those issued under chapter 324 or 13 ss. 627.732–627.734, which are complete 15 days after deposit in 14 the United States mail. Proof of the giving of notice and an 15 order of cancellation, suspension, revocation, or 16 disqualification in either manner shall be made by entry in the 17 records of the department that such notice was given. The entry 18 is admissible in the courts of this state and constitutes 19 sufficient proof that such notice was given. Whenever notice is 20 given that a driving privilege will be suspended for nonpayment 21 of a fine, the department shall include in the notice a 22 statement informing the violator that, if he or she is unable to 23 pay the citation in full, he or she may avoid a suspension by 24 agreeing to a payment plan, based on his or her ability to pay, 25 which will be provided through the clerk of the court in the 26 county in which the citation was written. 27 Section 18. Subsections (1), (3), and (4) of section 28 322.2715, Florida Statutes, are amended to read: 29 322.2715 Ignition interlock device.— 30 (1) Before issuing a permanent or restricted driver license 31 under this chapter, the department shall require the placement 32 of a department-approved ignition interlock device for any 33 person convicted of committing an offense of driving under the 34 influence as specified in subsection (3), except that 35 consideration may be given to those individuals having a 36 documented medical condition that would prohibit the device from 37 functioning normally. If a medical waiver has been granted for a 38 convicted person seeking a restricted license, the convicted 39 person isshallnotbeentitled to a restricted license until 40 the required ignition interlock device installation period under 41 subsection (3) expires, in addition to the time requirements 42 under s. 322.271. If a medical waiver has been approved for a 43 convicted person seeking permanent reinstatement of the driver 44 license, the convicted person must be restricted to an 45 employment-purposes-only license and be supervised by a licensed 46 DUI program until the required ignition interlock device 47 installation period under subsection (3) expires. An interlock 48 device shall be placed on all vehicles that are individually or 49 jointly leased or owned and routinely operated by the convicted 50 person. Effective October 1, 2016, if a court in the Fourth 51 Judicial Circuit orders a qualified sobriety and drug monitoring 52 program as defined in s. 316.193(15) and authorized by 23 U.S.C. 53 s. 164 under the pilot program implemented under s. 316.193(16), 54 the department shall use the monitoring program as an 55 alternative to the placement of an ignition interlock device 56 required by this section. 57 (3) If the person is convicted of: 58 (a) A first offense of driving under the influence under s. 59 316.193 and has an unlawful blood-alcohol level or breath 60 alcohol level as specified in s. 316.193(1), the ignition 61 interlock device may be installed for at least 6 continuous 62 months. 63 (b) A first offense of driving under the influence under s. 64 316.193 and has an unlawful blood-alcohol level or breath 65 alcohol level as specified in s. 316.193(4), or if a person is 66 convicted of a violation of s. 316.193 and was at the time of 67 the offense accompanied in the vehicle by a person younger than 68 18 years of age, the person shall have the ignition interlock 69 device installed for at least 6 continuous months for the first 70 offense and for at least 2 continuous years for a second 71 offense. 72 (c) A second offense of driving under the influence, the 73 ignition interlock device shall be installed for a period of at 74 least 1 continuous year. 75 (d) A third offense of driving under the influence which 76 occurs within 10 years after a prior conviction for a violation 77 of s. 316.193, the ignition interlock device shall be installed 78 for a period of at least 2 continuous years. 79 (e) A third offense of driving under the influence which 80 occurs more than 10 years after the date of a prior conviction, 81 the ignition interlock device shall be installed for a period of 82 at least 2 continuous years. 83 (f) A fourth or subsequent offense of driving under the 84 influence, the ignition interlock device shall be installed for 85 a period of at least 5 years. 86 87 Effective October 1, 2016, if a court in the Fourth Judicial 88 Circuit orders a qualified sobriety and drug monitoring program 89 as defined in s. 316.193(15) and authorized by 23 U.S.C. s. 164 90 under the pilot program implemented under s. 316.193(16), the 91 department shall use the monitoring program as an alternative to 92 the placement of an ignition interlock device required by this 93 section. 94 (4) If the court fails to order the mandatory placement of 95 the ignition interlock device or fails to order for the 96 applicable period the mandatory placement of an ignition 97 interlock device under s. 316.193 or s. 316.1937 at the time of 98 imposing sentence or within 30 days thereafter, the department 99 shall immediately require that the ignition interlock device be 100 installed as provided in this section, except that consideration 101 may be given to those individuals having a documented medical 102 condition that would prohibit the device from functioning 103 normally. Effective October 1, 2016, if a court in the Fourth 104 Judicial Circuit orders a qualified sobriety and drug monitoring 105 program as defined in s. 316.193(15) and authorized by 23 U.S.C. 106 s. 164 under the pilot program implemented under s. 316.193(16), 107 the department shall use the monitoring program as an 108 alternative to the placement of an ignition interlock device 109 required by this section. This subsection applies to the 110 reinstatement of the driving privilege following a revocation, 111 suspension, or cancellation that is based upon a conviction for 112 the offense of driving under the influence which occurs on or 113 after July 1, 2005. 114 Section 19. Present subsections (2) and (3) of section 115 765.521, Florida Statutes, are redesignated as subsections (3) 116 and (4), respectively, and a new subsection (2) is added to that 117 section, to read: 118 765.521 Donations as part of driver license or 119 identification card process.— 120 (2) The department shall maintain an integrated link on its 121 website referring a visitor renewing a driver license or 122 conducting other business to the donor registry operated under 123 s. 765.5155. 124 125 ================= T I T L E A M E N D M E N T ================ 126 And the title is amended as follows: 127 Delete lines 108 - 112 128 and insert: 129 322.251, F.S.; requiring the department to include in 130 a notice that a driving privilege will be suspended 131 for nonpayment of a fine a statement informing 132 violators that, if they are unable to pay their 133 citation in full to avoid suspension of their driving 134 privileges, they may avoid a suspension by agreeing to 135 a certain payment plan; amending s. 322.2715, F.S.; 136 requiring the department to use a certain qualified 137 sobriety and drug monitoring program as an alternative 138 to the placement of an ignition interlock device as of 139 a specified date under certain circumstances; amending 140 s. 765.521; requiring the department to maintain an 141 integrated link on its website referring certain 142 visitors to a donor registry; directing the Department 143 of Transportation to