Bill Text: FL S0612 | 2019 | Regular Session | Introduced

---

Bill Title: Driving Under the Influence

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-05-03 - Died in Criminal Justice [S0612 Detail]

Download: Florida-2019-S0612-Introduced.html

---

       Florida Senate - 2019                                     SB 612
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-00869-19                                            2019612__
    1                        A bill to be entitled                      
    2         An act relating to driving under the influence;
    3         amending s. 316.193, F.S.; defining the term
    4         “conviction”; amending s. 316.1937, F.S.; requiring
    5         that the monthly leasing fee for an ignition interlock
    6         device be discounted by specified percentages under
    7         certain circumstances when a person claims inability
    8         to pay; providing that a person who qualifies for a
    9         discount is not required to pay certain costs;
   10         amending s. 316.656, F.S.; authorizing a court, upon
   11         agreement by a state attorney, to withhold
   12         adjudication of guilt for certain criminal violations
   13         relating to driving under the influence, under certain
   14         circumstances; providing that a person is eligible to
   15         petition the court to enter a withhold of adjudication
   16         within a specified period after the date of his or her
   17         conviction for a certain criminal violation, under
   18         certain circumstances; making technical changes;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Present paragraphs (a) through (d) of subsection
   24  (14) of section 316.193, Florida Statutes, are redesignated as
   25  paragraphs (b) through (e), respectively, and a new paragraph
   26  (a) is added to that subsection, to read:
   27         316.193 Driving under the influence; penalties.—
   28         (14) As used in this chapter, the term:
   29         (a) “Conviction” means a determination of guilt which is
   30  the result of a plea or a trial, regardless of whether
   31  adjudication is withheld or a plea of nolo contendere is
   32  entered.
   33         Section 2. Subsection (2) of section 316.1937, Florida
   34  Statutes, is amended to read:
   35         316.1937 Ignition interlock devices, requiring; unlawful
   36  acts.—
   37         (2) If the court imposes the use of an ignition interlock
   38  device, the court shall:
   39         (a) Stipulate on the record the requirement for, and the
   40  period of, the use of a certified ignition interlock device.
   41         (b) Order that the records of the department reflect such
   42  requirement.
   43         (c) Order that an ignition interlock device be installed,
   44  as the court may determine necessary, on any vehicle owned or
   45  operated by the person.
   46         1. If the person claims inability to pay for an ignition
   47  interlock device, the following discounts on the monthly leasing
   48  fee must be provided:
   49         a. If a person’s family income is at or below 100 percent
   50  of the federal poverty level, as documented by written order of
   51  the court, the regular monthly leasing fee charged to all
   52  customers by the interlock provider must be discounted for such
   53  person by 50 percent.
   54         b. If the person’s family income is greater than 100
   55  percent but at or below 149 percent of the federal poverty
   56  level, as documented by written order of the court, the regular
   57  monthly leasing fee charged to all customers by the interlock
   58  provider must be discounted for such person by 25 percent.
   59         2. A person who qualifies for a reduced fee pursuant to
   60  this paragraph is not required to pay the costs for installation
   61  or deinstallation of the device.
   62         (d) Determine the person’s ability to pay for installation
   63  of the device if the person claims inability to pay. If the
   64  court determines that the person is unable to pay for
   65  installation of the device, the court may order that any portion
   66  of a fine paid by the person for a violation of s. 316.193 shall
   67  be allocated to defray the costs of installing the device.
   68         (d)(e) Require proof of installation of the device and
   69  periodic reporting to the department for verification of the
   70  operation of the device in the person’s vehicle.
   71         Section 3. Section 316.656, Florida Statutes, is amended to
   72  read:
   73         316.656 Mandatory adjudication; exceptions; prohibition
   74  against accepting plea to lesser included offense.—
   75         (1)(a) Notwithstanding the provisions of s. 948.01, a no
   76  court may not suspend, defer, or withhold adjudication of guilt
   77  or imposition of sentence for any violation of s. 316.193,
   78  except as otherwise provided in this subsection; for
   79  manslaughter resulting from the operation of a motor vehicle;,
   80  or for vehicular homicide.
   81         (b) Upon agreement by the state attorney, the court may
   82  withhold adjudication of guilt for a first offense second degree
   83  misdemeanor violation of s. 316.193, other than a violation of
   84  s. 316.193(4), if the person does not have a prior withhold of
   85  adjudication for any other criminal offense and, in addition to
   86  the penalties prescribed in s. 316.193, the court orders either
   87  of the following:
   88         1. Installation of an ignition interlock device certified
   89  by the department as provided in s. 316.1938, or the person
   90  voluntarily installs such device, for at least 6 continuous
   91  months upon all vehicles that are routinely operated by the
   92  person. If the person fails to complete the entire term of the
   93  ignition interlock device program, the court must order an
   94  adjudication of guilt.
   95         2. Revocation of the person’s driving privileges, or the
   96  person voluntarily relinquishes such privileges, for at least 6
   97  continuous months during which time the person must participate
   98  in a qualified sobriety and drug monitoring program as defined
   99  in s. 316.193(6)(j). Such person is not eligible for a
  100  restricted driver license pursuant to s. 322.271 during this
  101  period of time. If the person operates a motor vehicle during
  102  the term of license revocation or fails to complete the entire
  103  term of a qualified sobriety and drug monitoring program, the
  104  court must order an adjudication of guilt.
  105         (c) Notwithstanding paragraph (b), a person is eligible to
  106  petition the court to enter a withhold of adjudication 5 years
  107  after the date of his or her conviction for a first offense
  108  second degree misdemeanor violation of s. 316.193, other than a
  109  violation of s. 316.193(4), if such person does not have a prior
  110  withhold of adjudication for any other criminal offense and has
  111  not committed any additional criminal offenses for the period of
  112  5 years after the date of his or her conviction.
  113         (2)(a) A No trial judge may not accept a plea of guilty to
  114  a lesser offense from a person charged under the provisions of
  115  this act who has been given a breath or blood test to determine
  116  blood or breath alcohol content, the results of which show a
  117  blood or breath alcohol content by weight of 0.15 percent or
  118  more.
  119         (b) A No trial judge may not accept a plea of guilty to a
  120  lesser offense from a person charged with a violation of s.
  121  316.193(3), manslaughter resulting from the operation of a motor
  122  vehicle, or vehicular homicide.
  123         Section 4. This act shall take effect July 1, 2019.