Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 545, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
               Floor: 1i/AD/2R         .                                
             05/05/2017 03:26 PM       .                                

       Senator Simmons moved the following:
    1         Senate Amendment to Amendment (183848) (with title
    2  amendment)
    4         Delete lines 99 - 111
    5  and insert:
    6  or higher. If the convicted person is convicted of a first
    7  offense misdemeanor of the second degree, has not violated
    8  subsection (4), and has not caused injury to, or the death of, a
    9  person or damage to property and such person voluntarily places,
   10  or if the court orders placement of, an interlock device or
   11  other equivalent device approved by the department which would
   12  prevent an impaired driver from operating a vehicle under this
   13  subsection, the court, upon proper showing that the person has
   14  received counseling, treatment, rehabilitation or is enrolled in
   15  a substance abuse course pursuant to subsection (5), may
   16  withhold adjudication if the person does not have a prior
   17  withholding of adjudication or adjudication of guilt for any
   18  other criminal or noncriminal offense. Failure of the person to
   19  comply with all the terms of the order, including placement of
   20  the ignition interlock device or an equivalent device for the
   21  entire term required by the order, must result in, among other
   22  penalties, the court ordering an adjudication of guilt.
   24  ================= T I T L E  A M E N D M E N T ================
   25  And the title is amended as follows:
   26         Delete lines 2457 - 2461
   27  and insert:
   28         placement of, an ignition interlock device or other
   29         equivalent device, under certain circumstances;
   30         providing that failure of the person to comply with
   31         all the terms of the order, including placement of an
   32         ignition interlock device or other equivalent device,
   33         must result in the court ordering an adjudication of