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         316.19395Driving 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.