Florida Senate - 2017 SENATOR AMENDMENT
Bill No. CS/CS/CS/HB 865, 1st Eng.
Ì316050lÎ316050
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: 1e/AD/2R . Floor: RC
05/05/2017 02:31 PM . 05/05/2017 08:14 PM
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Simmons moved the following:
1 Senate Amendment to Amendment (102880) (with title
2 amendment)
3
4 Between lines 159 and 160
5 insert:
6 Section 3. Subsection (2) of section 316.193, Florida
7 Statutes, is amended to read:
8 316.193 Driving under the influence; penalties.—
9 (2)
10 (a) Except as provided in paragraph (b), subsection (3), or
11 subsection (4), any person who is convicted of a violation of
12 subsection (1) shall be punished:
13 1. By a fine of:
14 a. Not less than $500 or more than $1,000 for a first
15 conviction.
16 b. Not less than $1,000 or more than $2,000 for a second
17 conviction; and
18 2. By imprisonment for:
19 a. Not more than 6 months for a first conviction.
20 b. Not more than 9 months for a second conviction.
21 3. For a second conviction, by mandatory placement for a
22 period of at least 1 year, at the convicted person’s sole
23 expense, of an ignition interlock device approved by the
24 department in accordance with s. 316.1938 upon all vehicles that
25 are individually or jointly leased or owned and routinely
26 operated by the convicted person, when the convicted person
27 qualifies for a permanent or restricted license. The
28 installation of such device may not occur before July 1, 2003.
29 (b)1. Any person who is convicted of a third violation of
30 this section for an offense that occurs within 10 years after a
31 prior conviction for a violation of this section commits a
32 felony of the third degree, punishable as provided in s.
33 775.082, s. 775.083, or s. 775.084. In addition, the court shall
34 order the mandatory placement for a period of not less than 2
35 years, at the convicted person’s sole expense, of an ignition
36 interlock device approved by the department in accordance with
37 s. 316.1938 upon all vehicles that are individually or jointly
38 leased or owned and routinely operated by the convicted person,
39 when the convicted person qualifies for a permanent or
40 restricted license. The installation of such device may not
41 occur before July 1, 2003.
42 2. Any person who is convicted of a third violation of this
43 section for an offense that occurs more than 10 years after the
44 date of a prior conviction for a violation of this section shall
45 be punished by a fine of not less than $2,000 or more than
46 $5,000 and by imprisonment for not more than 12 months. In
47 addition, the court shall order the mandatory placement for a
48 period of at least 2 years, at the convicted person’s sole
49 expense, of an ignition interlock device approved by the
50 department in accordance with s. 316.1938 upon all vehicles that
51 are individually or jointly leased or owned and routinely
52 operated by the convicted person, when the convicted person
53 qualifies for a permanent or restricted license. The
54 installation of such device may not occur before July 1, 2003.
55 3. Any person who is convicted of a fourth or subsequent
56 violation of this section, regardless of when any prior
57 conviction for a violation of this section occurred, commits a
58 felony of the third degree, punishable as provided in s.
59 775.082, s. 775.083, or s. 775.084. However, the fine imposed
60 for such fourth or subsequent violation may be not less than
61 $2,000.
62 (c) In addition to the penalties in paragraph (a), as a
63 condition of probation, the court may order placement, at the
64 convicted person’s sole expense, of an ignition interlock device
65 approved by the department in accordance with s. 316.1938 for at
66 least 6 continuous months upon all vehicles that are
67 individually or jointly leased or owned and routinely operated
68 by the convicted person if, at the time of the offense, the
69 person had a blood-alcohol level or breath-alcohol level of .08
70 or higher. If the convicted person is convicted of a first
71 offense misdemeanor of the second degree, has not violated
72 subsection (4), and has not caused injury to, or the death of, a
73 person or damage to property and such person voluntarily places,
74 or if the court orders placement of, an interlock device or
75 other equivalent device approved by the department which would
76 prevent an impaired driver from operating a vehicle under this
77 subsection, the court, upon proper showing that the person has
78 received counseling, treatment, or rehabilitation or is enrolled
79 in a substance abuse course pursuant to subsection (5), may
80 withhold adjudication if the person does not have a prior
81 withholding of adjudication or adjudication of guilt for any
82 other criminal or noncriminal offense. Failure of the person to
83 comply with all the terms of the order, including placement of
84 the ignition interlock device or an equivalent device for the
85 entire term required by the order, must result in, among other
86 penalties, the court ordering an adjudication of guilt.
87
88 For purposes of this subsection, the term “conviction” means a
89 determination of guilt which is the result of a plea or a trial,
90 regardless of whether adjudication is withheld or a plea of nolo
91 contendere is entered.
92 Section 4. Subsection (2) of section 316.1937, Florida
93 Statutes, is amended to read:
94 316.1937 Ignition interlock devices, requiring; unlawful
95 acts.—
96 (2) If the court imposes the use of an ignition interlock
97 device, the court shall:
98 (a) Stipulate on the record the requirement for, and the
99 period of, the use of a certified ignition interlock device.
100 (b) Order that the records of the department reflect such
101 requirement.
102 (c) Order that an ignition interlock device be installed,
103 as the court may determine necessary, on any vehicle owned or
104 operated by the person.
105 (d) If the person claims inability to pay, provide the
106 following discounts on the monthly leasing fee:
107 1. If a person’s family income is at or below 100 percent
108 of the federal poverty level as documented by written order of
109 the court, the regular monthly leasing fee charged to all
110 customers by the interlock provider shall be discounted by 50
111 percent.
112 2. If a person’s family income is at or below 149 percent
113 of the federal poverty level as documented by written order of
114 the court, the regular monthly leasing fee charged to all
115 customers by the interlock provider shall be discounted by 25
116 percent.
117
118 Persons who qualify for a reduced leasing fee as provided in
119 this paragraph are not required to pay the costs of installation
120 or removal of the device. Determine the person’s ability to pay
121 for installation of the device if the person claims inability to
122 pay. If the court determines that the person is unable to pay
123 for installation of the device, the court may order that any
124 portion of a fine paid by the person for a violation of s.
125 316.193 shall be allocated to defray the costs of installing the
126 device.
127 (e) Require proof of installation of the device and
128 periodic reporting to the department for verification of the
129 operation of the device in the person’s vehicle.
130
131 ================= T I T L E A M E N D M E N T ================
132 And the title is amended as follows:
133 Delete line 660
134 and insert:
135 date; providing for repeal; amending s. 316.193, F.S.;
136 authorizing a court to order placement of an ignition
137 interlock device as a condition of probation, subject
138 to certain requirements; authorizing the court to
139 withhold adjudication if a person convicted of a
140 certain offense voluntarily places, or if the court
141 orders placement of, an ignition interlock device or
142 other equivalent device, under certain circumstances;
143 providing that failure of the person to comply with
144 all the terms of the order, including placement of an
145 ignition interlock device or other equivalent device,
146 must result in the court ordering an adjudication of
147 guilt; defining the term “conviction”; amending s.
148 316.1937, F.S.; requiring a court that imposes the use
149 of an ignition interlock device to provide certain
150 discounts on the monthly leasing fee for the device,
151 if the person documents that he or she meets certain
152 income requirements; waiving costs associated with
153 installation and removal of the device in certain
154 circumstances; amending s. 316.545, F.S.;