Bill Text: FL S1192 | 2015 | Regular Session | Introduced


Bill Title: Penalties for Driving Under the Influence

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-05-01 - Died in Transportation [S1192 Detail]

Download: Florida-2015-S1192-Introduced.html
       Florida Senate - 2015                                    SB 1192
       
       
        
       By Senator Simpson
       
       
       
       
       
       18-01292-15                                           20151192__
    1                        A bill to be entitled                      
    2         An act relating to penalties for driving under the
    3         influence; amending s. 316.193, F.S.; providing that a
    4         court may order a transdermal monitor device or
    5         treatment program, or both, in lieu of an ignition
    6         interlock device for violations of driving under the
    7         influence under certain circumstances; requiring the
    8         offender to assume reasonable costs for such
    9         transdermal monitoring under certain circumstances;
   10         deleting obsolete provisions; providing an effective
   11         date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsections (2), (4), and (5) and paragraphs (i)
   16  and (j) of subsection (6) of section 316.193, Florida Statutes,
   17  are amended to read:
   18         316.193 Driving under the influence; penalties.—
   19         (2)(a) Except as provided in paragraph (b), subsection (3),
   20  or subsection (4), any person who is convicted of a violation of
   21  subsection (1) shall be punished:
   22         1. By a fine of:
   23         a. Not less than $500 or more than $1,000 for a first
   24  conviction.
   25         b. Not less than $1,000 or more than $2,000 for a second
   26  conviction; and
   27         2. By imprisonment for:
   28         a. Not more than 6 months for a first conviction.
   29         b. Not more than 9 months for a second conviction.
   30         3. For a second conviction, by mandatory placement for a
   31  period of at least 1 year, at the convicted person’s sole
   32  expense, of an ignition interlock device approved by the
   33  department in accordance with s. 316.1938 upon all vehicles that
   34  are individually or jointly leased or owned and routinely
   35  operated by the convicted person, when the convicted person
   36  qualifies for a permanent or restricted license. The court may,
   37  in lieu of an ignition interlock device, order a transdermal
   38  monitor device or treatment program, or both. The installation
   39  of such device may not occur before July 1, 2003.
   40         (b)1. Any person who is convicted of a third violation of
   41  this section for an offense that occurs within 10 years after a
   42  prior conviction for a violation of this section commits a
   43  felony of the third degree, punishable as provided in s.
   44  775.082, s. 775.083, or s. 775.084. In addition, the court shall
   45  order the mandatory placement for a period of not less than 2
   46  years, at the convicted person’s sole expense, of an ignition
   47  interlock device approved by the department in accordance with
   48  s. 316.1938 upon all vehicles that are individually or jointly
   49  leased or owned and routinely operated by the convicted person,
   50  when the convicted person qualifies for a permanent or
   51  restricted license. The court may, in lieu of an ignition
   52  interlock device, order a transdermal monitor device or
   53  treatment program, or both. The installation of such device may
   54  not occur before July 1, 2003.
   55         2. Any person who is convicted of a third violation of this
   56  section for an offense that occurs more than 10 years after the
   57  date of a prior conviction for a violation of this section shall
   58  be punished by a fine of not less than $2,000 or more than
   59  $5,000 and by imprisonment for not more than 12 months. In
   60  addition, the court shall order the mandatory placement for a
   61  period of at least 2 years, at the convicted person’s sole
   62  expense, of an ignition interlock device approved by the
   63  department in accordance with s. 316.1938 upon all vehicles that
   64  are individually or jointly leased or owned and routinely
   65  operated by the convicted person, when the convicted person
   66  qualifies for a permanent or restricted license. The court may,
   67  in lieu of an ignition interlock device, order a transdermal
   68  monitor device or treatment program, or both. The installation
   69  of such device may not occur before July 1, 2003.
   70         3. Any person who is convicted of a fourth or subsequent
   71  violation of this section, regardless of when any prior
   72  conviction for a violation of this section occurred, commits a
   73  felony of the third degree, punishable as provided in s.
   74  775.082, s. 775.083, or s. 775.084. However, the fine imposed
   75  for such fourth or subsequent violation may be not less than
   76  $2,000.
   77         (c) In addition to the penalties in paragraph (a), the
   78  court may order placement, at the convicted person’s sole
   79  expense, of an ignition interlock device approved by the
   80  department in accordance with s. 316.1938 for at least 6
   81  continuous months upon all vehicles that are individually or
   82  jointly leased or owned and routinely operated by the convicted
   83  person if, at the time of the offense, the person had a blood
   84  alcohol level or breath-alcohol level of .08 or higher. The
   85  court may, in lieu of an ignition interlock device, order a
   86  transdermal monitor device or treatment program, or both.
   87         (4) Any person who is convicted of a violation of
   88  subsection (1) and who has a blood-alcohol level or breath
   89  alcohol level of 0.15 or higher, or any person who is convicted
   90  of a violation of subsection (1) and who at the time of the
   91  offense was accompanied in the vehicle by a person under the age
   92  of 18 years, shall be punished:
   93         (a) By a fine of:
   94         1. Not less than $1,000 or more than $2,000 for a first
   95  conviction.
   96         2. Not less than $2,000 or more than $4,000 for a second
   97  conviction.
   98         3. Not less than $4,000 for a third or subsequent
   99  conviction.
  100         (b) By imprisonment for:
  101         1. Not more than 9 months for a first conviction.
  102         2. Not more than 12 months for a second conviction.
  103  
  104  For the purposes of this subsection, only the instant offense is
  105  required to be a violation of subsection (1) by a person who has
  106  a blood-alcohol level or breath-alcohol level of 0.15 or higher.
  107         (c) In addition to the penalties in paragraphs (a) and (b),
  108  the court shall order the mandatory placement, at the convicted
  109  person’s sole expense, of an ignition interlock device approved
  110  by the department in accordance with s. 316.1938 upon all
  111  vehicles that are individually or jointly leased or owned and
  112  routinely operated by the convicted person for not less than 6
  113  continuous months for the first offense and for not less than 2
  114  continuous years for a second offense, when the convicted person
  115  qualifies for a permanent or restricted license. The court may,
  116  in lieu of an ignition interlock device, order a transdermal
  117  monitor device or treatment program, or both.
  118         (5) The court shall place all offenders convicted of
  119  violating this section on monthly reporting probation and shall
  120  require completion of a substance abuse course conducted by a
  121  DUI program licensed by the department under s. 322.292, which
  122  must include a psychosocial evaluation of the offender. The
  123  court may also order a transdermal monitor device in addition to
  124  a treatment program. If the DUI program refers the offender to
  125  an authorized substance abuse treatment provider for substance
  126  abuse treatment, in addition to any sentence or fine imposed
  127  under this section, completion of all such education,
  128  evaluation, and treatment is a condition of reporting probation.
  129  The offender shall assume reasonable costs for such education,
  130  evaluation, transdermal monitoring, and treatment. The referral
  131  to treatment resulting from a psychosocial evaluation shall not
  132  be waived without a supporting independent psychosocial
  133  evaluation conducted by an authorized substance abuse treatment
  134  provider appointed by the court, which shall have access to the
  135  DUI program’s psychosocial evaluation before the independent
  136  psychosocial evaluation is conducted. The court shall review the
  137  results and recommendations of both evaluations before
  138  determining the request for waiver. The offender shall bear the
  139  full cost of this procedure. The term “substance abuse” means
  140  the abuse of alcohol or any substance named or described in
  141  Schedules I through V of s. 893.03. If an offender referred to
  142  treatment under this subsection fails to report for or complete
  143  such treatment or fails to complete the DUI program substance
  144  abuse education course and evaluation, the DUI program shall
  145  notify the court and the department of the failure. Upon receipt
  146  of the notice, the department shall cancel the offender’s
  147  driving privilege, notwithstanding the terms of the court order
  148  or any suspension or revocation of the driving privilege. The
  149  department may temporarily reinstate the driving privilege on a
  150  restricted basis upon verification from the DUI program that the
  151  offender is currently participating in treatment and the DUI
  152  education course and evaluation requirement has been completed.
  153  If the DUI program notifies the department of the second failure
  154  to complete treatment, the department shall reinstate the
  155  driving privilege only after notice of completion of treatment
  156  from the DUI program. The organization that conducts the
  157  substance abuse education and evaluation may not provide
  158  required substance abuse treatment unless a waiver has been
  159  granted to that organization by the department. A waiver may be
  160  granted only if the department determines, in accordance with
  161  its rules, that the service provider that conducts the substance
  162  abuse education and evaluation is the most appropriate service
  163  provider and is licensed under chapter 397 or is exempt from
  164  such licensure. A statistical referral report shall be submitted
  165  quarterly to the department by each organization authorized to
  166  provide services under this section.
  167         (6) With respect to any person convicted of a violation of
  168  subsection (1), regardless of any penalty imposed pursuant to
  169  subsection (2), subsection (3), or subsection (4):
  170         (i) The court may also dismiss the order of impoundment or
  171  immobilization if the defendant provides proof to the
  172  satisfaction of the court that a functioning, certified ignition
  173  interlock device has been installed upon all vehicles that are
  174  individually or jointly leased or owned and routinely operated
  175  by the convicted person. The court may, in lieu of an ignition
  176  interlock device, order a transdermal monitor device or
  177  treatment program, or both.
  178         (j)1. Notwithstanding the provisions of this section, s.
  179  316.1937, and s. 322.2715 relating to ignition interlock devices
  180  required for second or subsequent offenders, in order to
  181  strengthen the pretrial and posttrial options available to
  182  prosecutors and judges, the court may order, if deemed
  183  appropriate, that a person participate in a qualified sobriety
  184  and drug monitoring program, as defined in subparagraph 2., in
  185  addition to the ignition interlock device requirement.
  186  Participation shall be at the person’s sole expense.
  187         2. As used in this paragraph, the term “qualified sobriety
  188  and drug monitoring program” means an evidence-based program,
  189  approved by the department, in which participants are regularly
  190  tested for alcohol and drug use. As the court deems appropriate,
  191  the program may monitor alcohol or drugs through one or more of
  192  the following modalities: breath testing twice a day; continuous
  193  transdermal alcohol monitoring in cases of hardship; or random
  194  blood, breath, urine, or oral fluid testing. Testing modalities
  195  that provide the best ability to sanction a violation as close
  196  in time as reasonably feasible to the occurrence of the
  197  violation should be given preference. This paragraph does not
  198  preclude a court from ordering an ignition interlock device as a
  199  testing modality.
  200         3. For purposes of this paragraph, the term “evidence-based
  201  program” means a program that satisfies the requirements of at
  202  least two of the following:
  203         a. The program is included in the federal registry of
  204  evidence-based programs and practices.
  205         b. The program has been reported in a peer-reviewed journal
  206  as having positive effects on the primary targeted outcome.
  207         c. The program has been documented as effective by informed
  208  experts and other sources.
  209  
  210  For the purposes of this section, any conviction for a violation
  211  of s. 327.35; a previous conviction for the violation of former
  212  s. 316.1931, former s. 860.01, or former s. 316.028; or a
  213  previous conviction outside this state for driving under the
  214  influence, driving while intoxicated, driving with an unlawful
  215  blood-alcohol level, driving with an unlawful breath-alcohol
  216  level, or any other similar alcohol-related or drug-related
  217  traffic offense, is also considered a previous conviction for
  218  violation of this section. However, in satisfaction of the fine
  219  imposed pursuant to this section, the court may, upon a finding
  220  that the defendant is financially unable to pay either all or
  221  part of the fine, order that the defendant participate for a
  222  specified additional period of time in public service or a
  223  community work project in lieu of payment of that portion of the
  224  fine which the court determines the defendant is unable to pay.
  225  In determining such additional sentence, the court shall
  226  consider the amount of the unpaid portion of the fine and the
  227  reasonable value of the services to be ordered; however, the
  228  court may not compute the reasonable value of services at a rate
  229  less than the federal minimum wage at the time of sentencing.
  230  
  231  For the purposes of this section, any conviction for a violation
  232  of s. 327.35; a previous conviction for the violation of former
  233  s. 316.1931, former s. 860.01, or former s. 316.028; or a
  234  previous conviction outside this state for driving under the
  235  influence, driving while intoxicated, driving with an unlawful
  236  blood-alcohol level, driving with an unlawful breath-alcohol
  237  level, or any other similar alcohol-related or drug-related
  238  traffic offense, is also considered a previous conviction for
  239  violation of this section. However, in satisfaction of the fine
  240  imposed pursuant to this section, the court may, upon a finding
  241  that the defendant is financially unable to pay either all or
  242  part of the fine, order that the defendant participate for a
  243  specified additional period of time in public service or a
  244  community work project in lieu of payment of that portion of the
  245  fine which the court determines the defendant is unable to pay.
  246  In determining such additional sentence, the court shall
  247  consider the amount of the unpaid portion of the fine and the
  248  reasonable value of the services to be ordered; however, the
  249  court may not compute the reasonable value of services at a rate
  250  less than the federal minimum wage at the time of sentencing.
  251         Section 2. This act shall take effect July 1, 2015.

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