Bill Amendment: FL S1394 | 2016 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Department of Highway Safety and Motor Vehicles

Status: 2016-03-11 - Died on Calendar, companion bill(s) passed, see CS/CS/HB 231 (Ch. 2016-77), HB 7027 (Ch. 2016-181), CS/CS/HB 7061 (Ch. 2016-239) [S1394 Detail]

Download: Florida-2016-S1394-Senate_Committee_Amendment_462752.html

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       Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1394
       
       
       
       
       
       
                                Ì462752,Î462752                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/17/2016           .                                
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       Appropriations Subcommittee on Transportation, Tourism, and
       Economic Development (Latvala) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 191 - 373
    4  and insert:
    5         Section 4. Subsection (2), present paragraph (j) of
    6  subsection (6), and subsection (11) of section 316.193, Florida
    7  Statutes, are amended, present paragraphs (k), (l), and (m) of
    8  subsection (6) are redesignated as paragraphs (j), (k), and (l),
    9  respectively, and subsections (15) and (16) are added to that
   10  section, to read:
   11         316.193 Driving under the influence; penalties.—
   12         (2)(a) Except as provided in paragraph (b), subsection (3),
   13  or subsection (4), any person who is convicted of a violation of
   14  subsection (1) shall be punished:
   15         1. By a fine of:
   16         a. Not less than $500 or more than $1,000 for a first
   17  conviction.
   18         b. Not less than $1,000 or more than $2,000 for a second
   19  conviction; and
   20         2. By imprisonment for:
   21         a. Not more than 6 months for a first conviction.
   22         b. Not more than 9 months for a second conviction.
   23         3. For a second conviction, by mandatory placement for a
   24  period of at least 1 year, at the convicted person’s sole
   25  expense, of an ignition interlock device approved by the
   26  department in accordance with s. 316.1938 upon all vehicles that
   27  are individually or jointly leased or owned and routinely
   28  operated by the convicted person, when the convicted person
   29  qualifies for a permanent or restricted license. Effective
   30  October 1, 2016, the court in the Fourth Judicial Circuit may
   31  order an offender to participate in a qualified sobriety and
   32  drug monitoring program, as defined in subsection (15) and
   33  authorized by 23 U.S.C. s. 164, under the pilot program in
   34  subsection (16), as an alternative to the placement of an
   35  ignition interlock device required by this section The
   36  installation of such device may not occur before July 1, 2003.
   37         (b)1. Any person who is convicted of a third violation of
   38  this section for an offense that occurs within 10 years after a
   39  prior conviction for a violation of this section commits a
   40  felony of the third degree, punishable as provided in s.
   41  775.082, s. 775.083, or s. 775.084. In addition, the court shall
   42  order the mandatory placement for a period of not less than 2
   43  years, at the convicted person’s sole expense, of an ignition
   44  interlock device approved by the department in accordance with
   45  s. 316.1938 upon all vehicles that are individually or jointly
   46  leased or owned and routinely operated by the convicted person,
   47  when the convicted person qualifies for a permanent or
   48  restricted license. Effective October 1, 2016, the court in the
   49  Fourth Judicial Circuit may order an offender to participate in
   50  a qualified sobriety and drug monitoring program, as defined in
   51  subsection (15) and authorized by 23 U.S.C. s. 164, under the
   52  pilot program in subsection (16), as an alternative to the
   53  placement of an ignition interlock device required by this
   54  section The installation of such device may not occur before
   55  July 1, 2003.
   56         2. Any person who is convicted of a third violation of this
   57  section for an offense that occurs more than 10 years after the
   58  date of a prior conviction for a violation of this section shall
   59  be punished by a fine of not less than $2,000 or more than
   60  $5,000 and by imprisonment for not more than 12 months. In
   61  addition, the court shall order the mandatory placement for a
   62  period of at least 2 years, at the convicted person’s sole
   63  expense, of an ignition interlock device approved by the
   64  department in accordance with s. 316.1938 upon all vehicles that
   65  are individually or jointly leased or owned and routinely
   66  operated by the convicted person, when the convicted person
   67  qualifies for a permanent or restricted license. Effective
   68  October 1, 2016, the court in the Fourth Judicial Circuit may
   69  order an offender to participate in a qualified sobriety and
   70  drug monitoring program, as defined in subsection (15) and
   71  authorized by 23 U.S.C. s. 164, under the pilot program in
   72  subsection (16), as an alternative to the placement of an
   73  ignition interlock device required by this section The
   74  installation of such device may not occur before July 1, 2003.
   75         3. Any person who is convicted of a fourth or subsequent
   76  violation of this section, regardless of when any prior
   77  conviction for a violation of this section occurred, commits a
   78  felony of the third degree, punishable as provided in s.
   79  775.082, s. 775.083, or s. 775.084. However, the fine imposed
   80  for such fourth or subsequent violation may be not less than
   81  $2,000.
   82         (c) In addition to the penalties in paragraph (a), the
   83  court may order placement, at the convicted person’s sole
   84  expense, of an ignition interlock device approved by the
   85  department in accordance with s. 316.1938 for at least 6
   86  continuous months upon all vehicles that are individually or
   87  jointly leased or owned and routinely operated by the convicted
   88  person if, at the time of the offense, the person had a blood
   89  alcohol level or breath-alcohol level of .08 or higher.
   90         (6) With respect to any person convicted of a violation of
   91  subsection (1), regardless of any penalty imposed pursuant to
   92  subsection (2), subsection (3), or subsection (4):
   93         (j)1. Notwithstanding the provisions of this section, s.
   94  316.1937, and s. 322.2715 relating to ignition interlock devices
   95  required for second or subsequent offenders, in order to
   96  strengthen the pretrial and posttrial options available to
   97  prosecutors and judges, the court may order, if deemed
   98  appropriate, that a person participate in a qualified sobriety
   99  and drug monitoring program, as defined in subparagraph 2., in
  100  addition to the ignition interlock device requirement.
  101  Participation shall be at the person’s sole expense.
  102         2. As used in this paragraph, the term “qualified sobriety
  103  and drug monitoring program” means an evidence-based program,
  104  approved by the department, in which participants are regularly
  105  tested for alcohol and drug use. As the court deems appropriate,
  106  the program may monitor alcohol or drugs through one or more of
  107  the following modalities: breath testing twice a day; continuous
  108  transdermal alcohol monitoring in cases of hardship; or random
  109  blood, breath, urine, or oral fluid testing. Testing modalities
  110  that provide the best ability to sanction a violation as close
  111  in time as reasonably feasible to the occurrence of the
  112  violation should be given preference. This paragraph does not
  113  preclude a court from ordering an ignition interlock device as a
  114  testing modality.
  115         3. For purposes of this paragraph, the term “evidence-based
  116  program” means a program that satisfies the requirements of at
  117  least two of the following:
  118         a. The program is included in the federal registry of
  119  evidence-based programs and practices.
  120         b. The program has been reported in a peer-reviewed journal
  121  as having positive effects on the primary targeted outcome.
  122         c. The program has been documented as effective by informed
  123  experts and other sources.
  124  
  125  For the purposes of this section, any conviction for a violation
  126  of s. 327.35; a previous conviction for the violation of former
  127  s. 316.1931, former s. 860.01, or former s. 316.028; or a
  128  previous conviction outside this state for driving under the
  129  influence, driving while intoxicated, driving with an unlawful
  130  blood-alcohol level, driving with an unlawful breath-alcohol
  131  level, or any other similar alcohol-related or drug-related
  132  traffic offense, is also considered a previous conviction for
  133  violation of this section. However, in satisfaction of the fine
  134  imposed pursuant to this section, the court may, upon a finding
  135  that the defendant is financially unable to pay either all or
  136  part of the fine, order that the defendant participate for a
  137  specified additional period of time in public service or a
  138  community work project in lieu of payment of that portion of the
  139  fine which the court determines the defendant is unable to pay.
  140  In determining such additional sentence, the court shall
  141  consider the amount of the unpaid portion of the fine and the
  142  reasonable value of the services to be ordered; however, the
  143  court may not compute the reasonable value of services at a rate
  144  less than the federal minimum wage at the time of sentencing.
  145         (11) The Department of Highway Safety and Motor Vehicles is
  146  directed to adopt rules providing for the implementation of the
  147  use of ignition interlock devices and qualified sobriety and
  148  drug monitoring programs, as defined in subsection (15), to be
  149  used in the pilot program under subsection (16).
  150         (15) As used in this section, the term:
  151         (a) “Qualified sobriety and drug monitoring program” means
  152  an evidence-based program approved by the department which
  153  authorizes a court or an agency with jurisdiction, as a
  154  condition of bond, sentence, probation, parole, or restricted
  155  driving privileges, to require a person who was arrested for,
  156  pleaded guilty to, or was convicted of driving under the
  157  influence of alcohol or drugs to be regularly tested for alcohol
  158  and drug use. As the court deems appropriate, the program shall
  159  monitor alcohol or drugs through one or more of the following
  160  modalities: breath testing twice a day at a testing location;
  161  continuous transdermal alcohol monitoring via an electronic
  162  monitoring device; random blood, breath, or urine testing; or
  163  drug patch or oral fluid testing. Testing modalities that
  164  provide the best ability to detect a violation as close in time
  165  as reasonably feasible to the occurrence of the violation should
  166  be given preference. Participation shall be at the person’s sole
  167  expense.
  168         (b) “Evidence-based program” means a program that satisfies
  169  the requirements of at least two of the following:
  170         1. The program is included in the federal registry of
  171  evidence-based programs and practices.
  172         2. The program has been reported in a peer-reviewed journal
  173  as having positive effects on the primary targeted outcome.
  174         3. The program has been documented as effective by informed
  175  experts and other sources.
  176         (16) The Fourth Judicial Circuit, in coordination with the
  177  department, shall implement a qualified sobriety and drug
  178  monitoring pilot program effective October 1, 2016, for offenses
  179  where an ignition interlock device is mandated under
  180  subparagraphs (2)(a)3., (2)(b)1., and (2)(b)2. The Fourth
  181  Judicial Circuit may order a qualified sobriety and drug
  182  monitoring program, as defined in subsection (15) and authorized
  183  by 23 U.S.C. s. 164, as an alternative to the ignition interlock
  184  device. The Fourth Judicial Circuit shall provide a report on
  185  the results of the pilot program to the Governor, the President
  186  of the Senate, and the Speaker of the House of Representatives
  187  by March 1, 2018.
  188  
  189  ================= T I T L E  A M E N D M E N T ================
  190  And the title is amended as follows:
  191         Delete lines 15 - 26
  192  and insert:
  193         certain tasks on the roadside; amending s. 316.193,
  194         F.S.; authorizing, as of a specified date, a specified
  195         court to order a certain qualified sobriety and drug
  196         monitoring program under a specified pilot program as
  197         an alternative to the placement of an ignition
  198         interlock device; deleting obsolete provisions;
  199         deleting provisions relating to a qualified sobriety
  200         and drug monitoring program; directing the department
  201         to adopt rules providing for the implementation of the
  202         use of certain qualified sobriety and drug monitoring
  203         programs; redefining the term “qualified sobriety and
  204         drug monitoring program”; creating a qualified
  205         sobriety and drug monitoring pilot program effective
  206         on a specified date, subject to certain requirements;
  207         requiring a specified court to provide a report to the
  208         Governor and the Legislature by a specified date;
  209         amending s.