Florida Senate - 2020 SB 1396 By Senator Simmons 9-01629-20 20201396__ 1 A bill to be entitled 2 An act relating to driving under the influence; 3 creating s. 316.19395, F.S.; requiring each judicial 4 circuit to establish a Driving Under the Influence 5 Diversion Pilot Program; providing the purpose of the 6 pilot program; requiring the state attorney of each 7 judicial circuit to develop and operate the pilot 8 program; requiring the policies and procedures of the 9 pilot program to be published on the website of the 10 office of the state attorney; providing eligibility 11 requirements; defining the term “conviction”; 12 providing pilot program requirements; requiring that a 13 person who completes the pilot program be offered a 14 certain plea agreement; providing for withholding of 15 adjudication; authorizing the state attorney to 16 discharge a person who fails to complete the pilot 17 program and pursue prosecution of driving under the 18 influence; requiring state attorneys to annually 19 report certain information to the Governor and the 20 Legislature, by a specified date; requiring the 21 Department of Highway Safety and Motor Vehicles to 22 establish a certain statewide database, by a certain 23 date; requiring judicial circuits to provide a certain 24 monthly report to the department; providing an 25 effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 316.19395, Florida Statutes, is created 30 to read: 31 316.19395 Driving Under the Influence Diversion Pilot 32 Program.— 33 (1) DEVELOPMENT; IMPLEMENTATION; OPERATION.—A Driving Under 34 the Influence Diversion Pilot Program shall be established in 35 each judicial circuit for the purpose of offering a person 36 charged with a first offense of driving under the influence as 37 provided in s. 316.193 the opportunity to avoid a permanent 38 criminal history record associated with the offense while 39 ensuring the person receives substance abuse treatment if 40 necessary. The state attorney of the judicial circuit shall 41 develop the policies and procedures of the pilot program, 42 including program implementation and operation and the selection 43 of approved program providers. In developing such policies and 44 procedures, the state attorney shall consult local law 45 enforcement agency representatives, the public defender, and 46 local program providers. The state attorney of each judicial 47 circuit shall operate that circuit’s pilot program. Each 48 judicial circuit shall publish the terms and conditions of the 49 pilot program on the website of the office of the state 50 attorney. 51 (2) ELIGIBILITY REQUIREMENTS.— 52 (a) A person charged with driving under the influence is 53 eligible for participation in the pilot program if he or she: 54 1. Has not been charged with a prior alcohol-related or 55 drug-related criminal traffic offense, regardless of 56 disposition. 57 2. Does not have a prior or pending felony conviction. 58 3. Has no more than two prior misdemeanor convictions. 59 4. Was not involved in a motor vehicle crash or accident 60 relating to the charge of driving under the influence. 61 5. Was not, at the time of the offense, accompanied in the 62 vehicle by a person under 18 years of age. 63 6. Did not, at the time of the offense, have a blood 64 alcohol level or breath-alcohol level of 0.20 or higher. 65 7. Has not previously participated in the pilot program. 66 (b) For purposes of this subsection, the term “conviction” 67 means a determination of guilt which is the result of a plea or 68 trial, regardless of whether adjudication is withheld or a plea 69 of nolo contendere is entered. 70 (3) PILOT PROGRAM REQUIREMENTS.— 71 (a) A person who participates in the pilot program must do 72 so for 12 months, during which period he or she may not possess 73 or consume alcohol, illegal drugs, or prescription drugs not 74 prescribed for him or her and must complete the following as 75 administered by an approved program provider: 76 1. Fifty hours of community service if, at the time of the 77 offense, the person had a blood-alcohol level or breath-alcohol 78 level of 0.15 or lower. 79 2. Seventy-five hours of community service if, at the time 80 of the offense, the person had a blood-alcohol level or breath 81 alcohol level higher than 0.15 but lower than 0.20 or did not 82 provide a blood or breath sample. 83 3. A substance abuse course conducted by a DUI program 84 licensed by the department under s. 322.292, which shall include 85 a psychosocial evaluation of the person, and any substance abuse 86 treatment required by such program. 87 4. A victim’s impact panel session, if such a panel exists 88 within the judicial circuit, or a victim’s impact class. 89 (b) A person who participates in the pilot program must pay 90 all fines and standard costs imposed by the judicial circuit. 91 (c) Upon commencement of the person’s participation in the 92 pilot program, all motor vehicles that are individually or 93 jointly leased or owned and routinely operated by the person 94 shall be impounded or immobilized for a period of 10 days. 95 (d)1. After the impoundment or immobilization period 96 required by paragraph (c), the person shall have installed on 97 all such vehicles, and must successfully use, an ignition 98 interlock device approved by the department in accordance with 99 s. 316.1938 for a period of: 100 a. Ninety days if, at the time of the offense, the person 101 had a blood-alcohol level or breath-alcohol level of 0.15 or 102 lower. 103 b. One hundred eighty days if, at the time of the offense, 104 the person had a blood-alcohol level or breath-alcohol level 105 higher than 0.15 but lower than 0.20 or did not provide a blood 106 or breath sample. 107 2. If the person claims inability to pay for an ignition 108 interlock device and: 109 a. The person’s family income is at or below 100 percent of 110 the federal poverty level as documented by written order of the 111 court, the regular monthly leasing fee charged to all customers 112 by the ignition interlock device provider shall be discounted 113 for that person by 50 percent. 114 b. The person’s family income is greater than 100 percent 115 but at or below 149 percent of the federal poverty level as 116 documented by written order of the court, the regular monthly 117 leasing fee charged to all customers by the ignition interlock 118 device provider shall be discounted for that person by 25 119 percent. 120 3. A person who qualifies for a discounted monthly leasing 121 fee pursuant to subparagraph 2. is not required to pay the cost 122 of installation or deinstallation of the ignition interlock 123 device. 124 (4) COMPLETION OF PILOT PROGRAM.—If a person complies with 125 this section and successfully completes the pilot program, he or 126 she shall be offered an agreement providing for a plea of guilty 127 to the offense of reckless driving as provided in s. 316.192. A 128 person who accepts such plea agreement is not subject to the 129 provisions of this chapter relating to the offense of driving 130 under the influence, and the trial judge shall withhold 131 adjudication for reckless driving notwithstanding s. 316.656. 132 (5) FAILURE TO COMPLETE PILOT PROGRAM.—If a person does not 133 comply with this section and fails to successfully complete the 134 pilot program, the state attorney operating the pilot program 135 may discharge the person from the program and pursue prosecution 136 of the offense of driving under the influence. 137 (6) ANNUAL REPORT.—By October 1 of each year beginning in 138 2021, the state attorney of each judicial circuit shall report 139 the results of the pilot program to the Governor, the President 140 of the Senate, and the Speaker of the House of Representatives. 141 The report shall include: 142 (a) The number of cases diverted from prosecution of 143 driving under the influence. 144 (b) The number of persons who successfully completed the 145 pilot program. 146 (c) The number of persons who failed to successfully 147 complete the pilot program and were discharged from the program. 148 (d) The number of persons who successfully completed the 149 pilot program who were later charged with another alcohol 150 related or drug-related criminal traffic offense. 151 (e) The number of persons who failed to successfully 152 complete the pilot program who were later charged with another 153 alcohol-related or drug-related criminal traffic offense. 154 (7) STATEWIDE DATABASE.—By July 1, 2023, the department 155 shall establish a statewide database of persons who participate 156 in the pilot program. Each judicial circuit must provide monthly 157 reports to the department of the number of persons who have 158 elected to participate in the pilot program. 159 Section 2. This act shall take effect July 1, 2020.