Florida 2020 Regular Session Status: In Committee

HB 1145 — Driving Under the Influence Diversion Programs

Last action — Died in Judiciary Committee

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Driving Under the Influence Diversion Programs; Authorizes judicial circuits to implement Driving Under Influence Diversion Program; specifies state attorney shall operate program; provides for program eligibility & requirements; requires reduced charge of reckless driving & withhold of adjudication for participant who successfully completes program; requires report to Governor & Legislature; requires person's new driving-under-the-influence offense after successful program completion to be charged as though person had prior driving-under-the-influence conviction.

Bill Text

What changed in the latest version

764 added · 177 removed

764 line(s) added, 177 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1145 2020 A bill to be entitled An act relating to driving under the influence;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 A bill to be entitled An act relating to driving under the influence diversion programs;
requiring each judicial circuit to establish a Driving Under the Influence Diversion Pilot Program;
authorizing judicial circuits to implement a Driving Under the Influence Diversion Program;
providing the purpose of the pilot program;
providing guidelines for establishing a diversion program;
requiring the state attorney of the judicial circuit to develop and operate the pilot program;
specifying that the state attorney of the judicial circuit shall operate the program;
requiring the policies and procedures of the pilot program to be published on the website of the office of the state attorney;
providing for program eligibility;
providing eligibility requirements;
requiring the program to provide certain services;
defining the term "conviction";
requiring a participant to complete specified program requirements;
providing pilot program requirements;
providing other diversion program requirements;
requiring a person who completes the pilot program to be offered a certain plea agreement;
encouraging judicial circuits to negotiate with providers of alcohol monitoring devices to offset costs for indigent persons;
providing for withholding of adjudication;
requiring a reduced charge to reckless driving and a withhold of adjudication for a participant who successfully completes the program;
authorizing the state attorney to discharge a person who fails to complete the pilot program and pursue prosecution of driving under the influence;
authorizing the state attorney of the judicial circuit to prosecute an offender who fails to successfully complete program requirements;
requiring annual reports to the Governor and Legislature;
directing the state attorney to make a report to the Governor and the Legislature;
requiring the Department of Highway Safety and Motor Vehicles to establish a statewide database by a certain date;
amending s.
requiring monthly reports to the department;
316.193, F.S.;
providing that a person's new driving-under-the-influence offense after successful program completion shall be charged as though the person had a prior driving-under-the- Page 1 of 28 CODING:
Words stricken are deletions;
words underlined are additions.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 influence conviction;
amending s.
921.0022, F.S.;
conforming cross-references;
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Section 1.
Section 316.19395, Florida Statutes, is created to read:
316.19395 Driving Under the Influence Model Diversion Program.— (1) PROGRAM DEVELOPMENT, IMPLEMENTATION, AND OPERATION.— Each judicial circuit may establish a Driving Under the Influence Diversion Program to give eligible first-time driving- under-the-influence offenders the opportunity to avoid a permanent criminal history record associated with the offense while ensuring offenders receive substance abuse treatment, when necessary.
If established, the state attorney of each judicial circuit shall operate the program and may develop the program's policies and procedures, including program implementation, operation, and selection of approved programming providers.
If the state attorney chooses to establish the program, the state attorney shall consult representatives of local law enforcement agencies, the public defender, and local programming providers in developing the program's policies and procedures.
The program Page 2 of 28 CODING:
hb1145-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1145 2020 Section 1.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 terms and conditions must be published on the website of the office of the state attorney in each circuit.
Section 316.19395, Florida Statutes, is created to read:
(2) ELIGIBILITY REQUIREMENTS.—A person charged with driving under the influence is eligible for diversion program participation if the person:
316.19395 Driving Under the Influence Diversion Pilot Program.— (1) DEVELOPMENT;
(a) Has no prior conviction for an alcohol-related or drug-related criminal traffic offense.
IMPLEMENTATION;
(b) Has no prior felony conviction.
OPERATION.—A Driving Under the Influence Diversion Pilot Program shall be established in each judicial circuit for the purpose of offering a person charged with a first offense of driving under the influence as provided in s.
(c) Has no more than two prior misdemeanor convictions.
316.193 the opportunity to avoid a permanent criminal history record associated with the offense while ensuring the person receives substance abuse treatment if necessary.
(d) Has not previously participated in a diversion program for a driving-under-the-influence charge.
The state attorney of the judicial circuit shall develop the policies and procedures of the pilot program, including program implementation and operation and the selection of approved program providers.
(e) Was not involved in a motor vehicle crash or accident relating to the driving-under-the-influence charge.
In developing such policies and procedures, the state attorney shall consult local law enforcement agency representatives, the public defender, and local program providers.
(f) Was not, at the time of the offense, accompanied in the vehicle by a person under the age of 18 years.
The state attorney of each judicial circuit shall operate that circuit's pilot program.
(g) Did not, at the time of the offense, have a blood- alcohol or breath-alcohol level of 0.20 or greater.
Each judicial circuit shall publish the terms and conditions of the pilot program on the website of the office of the state attorney.
(h) Did not cause property damage or damage to another person relating to the driving-under-the-influence charge.
(2) ELIGIBILITY REQUIREMENTS.— (a) A person charged with driving under the influence is eligible for participation in the pilot program if he or she:
As used in this section, the term "conviction" means being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction.
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hb1145-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1145 2020 1.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 (3) PROGRAM REQUIREMENTS.—A person must participate in the diversion program for a minimum of 12 months, during which time he or she may not possess or consume alcohol, illegal drugs, or prescription drugs not prescribed for him or her, and must complete the following conditions administered by a program provider approved by the state attorney:
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Has not been charged with a prior alcohol-related or drug-related criminal traffic offense, regardless of disposition.
(a) Fifty hours of community service if, at the time of the offense, the participant had a blood-alcohol or breath- alcohol level of 0.15 or lower;
2.
(b) Seventy-five hours of community service if, at the time of the offense, the participant had a blood-alcohol or breath-alcohol level higher than 0.15 but lower than 0.20 or did not provide a blood-alcohol or breath-alcohol sample;
Does not have a prior or pending felony conviction.
(c) A substance abuse course conducted by a DUI program licensed by the department under s.
3.
322.292, which must include a psychosocial evaluation of the participant, and any substance abuse treatment required by such program;
Has no more than two prior misdemeanor convictions.
(d) A Victim Impact Class or a victim's impact panel session or, if no such class or panel exists in the judicial circuit, a department-approved driver improvement course relating to the rights of vulnerable road users relative to vehicles on the roadway under s.
4.
322.0261(2);
Was not involved in a motor vehicle crash or accident relating to the charge of driving under the influence.
(e) Impoundment or immobilization of all vehicles that are individually or jointly leased or owned and routinely operated by the participant for a period of 10 days;
5.
and Page 4 of 28 CODING:
Was not, at the time of the offense, accompanied in the vehicle by a person under 18 years of age.
Words stricken are deletions;
6.
words underlined are additions.
Did not, at the time of the offense, have a blood- alcohol level or breath-alcohol level of 0.20 or higher.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 (f) One of the following conditions, chosen by the state attorney, based on the participant's individual circumstances:
7.
Has not previously participated in the pilot program.
(b) For purposes of this subsection, the term "conviction" means a determination of guilt which is the result of a plea or trial, regardless of whether adjudication is withheld or a plea of nolo contendere is entered.
(3) PILOT PROGRAM REQUIREMENTS.— (a) A person who participates in the pilot program must do so for 12 months, during which period he or she may not possess or consume alcohol, illegal drugs, or prescription drugs not prescribed for him or her and must complete the following as administered by an approved program provider:
Fifty hours of community service if, at the time of the offense, the person had a blood-alcohol level or breath-alcohol level of 0.15 or lower.
Installation of an ignition interlock device, approved by the department in accordance with s.
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316.1938, on all vehicles that are individually or jointly leased or owned and routinely operated by the participant for a period of at least 30 days;
or 2.
Wearing of a continuous transdermal alcohol monitoring device or use of a mobile alcohol monitoring device or other continuous alcohol monitoring device approved by a DUI program licensed by the department under s.
322.292 for a period of at least 30 days.
The Legislature encourages each judicial circuit to negotiate with providers of alcohol monitoring devices to establish a procedure for offsetting the cost of all or part of an ignition interlock device, transdermal alcohol monitoring device, mobile alcohol monitoring device, or other continuous alcohol monitoring device when a participant demonstrates a genuine inability to pay for the device.
(4) COMPLETION OF PROGRAM REQUIREMENTS.—If a person successfully completes the diversion program requirements, the state attorney operating the program shall:
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hb1145-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1145 2020 2.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 (a) Reduce the criminal charge of driving under the influence to a charge of reckless driving, as provided in s.
Seventy-five hours of community service if, at the time of the offense, the person had a blood-alcohol level or breath- alcohol level higher than 0.15 but lower than 0.20 or did not provide a blood or breath sample.
316.192;
3.
and (b) Allow the person to enter a plea to the charge of reckless driving with adjudication withheld.
A substance abuse course conducted by a DUI program licensed by the department under s.
(5) EFFECT OF SUBSEQUENT DUI.—If after successfully completing the diversion program a person is charged with a new driving-under-the-influence offense, the person shall be charged for the new driving-under-the-influence offense in the same manner as if the person had a prior conviction for driving under the influence under s.
322.292, which shall include a psychosocial evaluation of the person, and any substance abuse treatment required by such program.
316.193(1).
4.
(6) FAILURE TO COMPLETE PROGRAM REQUIREMENTS.—If a person fails to successfully complete the diversion program requirements, the state attorney may discharge the person from the program and prosecute the original offense.
A victim's impact panel session, if such a panel exists within the judicial circuit, or a victim's impact class.
(7) ANNUAL REPORT REQUIREMENTS.—By October 1, 2021, and on October 1 each year thereafter, the state attorney of each judicial circuit that establishes a diversion program shall report the results of the program to the Governor, the President of the Senate, and the Speaker of the House of Representatives.
(b) A person who participates in the pilot program must pay all fines and standard costs imposed by the judicial circuit.
The report shall include the total number of:
(c) Upon commencement of the person's participation in the pilot program, all motor vehicles that are individually or jointly leased or owned and routinely operated by the person shall be impounded or immobilized for a period of 10 days.
(a) Cases diverted from prosecution.
(d)1.
(b) Persons who successfully completed the program.
After the impoundment or immobilization period required by paragraph (c), the person shall have installed on all such vehicles, and must successfully use, an ignition interlock device approved by the department in accordance with s.
(c) Persons who failed to successfully complete the program and were discharged from participation.
316.1938 for a period of:
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a.
Ninety days if, at the time of the offense, the person had a blood-alcohol level or breath-alcohol level of 0.15 or lower.
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hb1145-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1145 2020 b.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 (d) Persons who successfully completed the program and were later charged with another alcohol-related or drug-related criminal traffic offense.
One hundred eighty days if, at the time of the offense, the person had a blood-alcohol level or breath-alcohol level higher than 0.15 but lower than 0.20 or did not provide a blood or breath sample.
(e) Persons who failed to successfully complete the program and were later charged with another alcohol-related or drug-related criminal traffic offense.
2.
Section 2.
If the person claims inability to pay for an ignition interlock device and:
Paragraphs (b) and (c) of subsection (2) of section 316.193, Florida Statutes, are redesignated as paragraphs (c) and (d), respectively, paragraph (a) of that subsection is amended, and a new paragraph (b) is added to that subsection, to read:
316.193 Driving under the influence;
penalties.— (2)(a) Except as provided in paragraph (c) (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:
1.
By a fine of:
The person's family income is at or below 100 percent of the federal poverty level as documented by written order of the court, the regular monthly leasing fee charged to all customers by the ignition interlock device provider shall be discounted for that person by 50 percent.
Not less than $500 or more than $1,000 for a first conviction.
The person's family income is greater than 100 percent but at or below 149 percent of the federal poverty level as documented by written order of the court, the regular monthly leasing fee charged to all customers by the ignition interlock device provider shall be discounted for that person by 25 percent.
Not less than $1,000 or more than $2,000 for a second conviction;
and 2.
By imprisonment for:
a.
Not more than 6 months for a first conviction.
b.
Not more than 9 months for a second conviction.
A person who qualifies for a discounted monthly leasing fee pursuant to subparagraph 2.
For a second conviction, by mandatory placement for a period of at least 1 year, at the convicted person's sole Page 7 of 28 CODING:
is not required to pay the cost of installation or deinstallation of the ignition interlock device.
(4) COMPLETION OF PILOT PROGRAM.—If a person complies with this section and successfully completes the pilot program, he or she shall be offered an agreement providing for a plea of guilty to the offense of reckless driving as provided in s.
316.192.
A Page 5 of 7 CODING:
hb1145-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1145 2020 person who accepts such plea agreement is not subject to the provisions of this chapter relating to the offense of driving under the influence, and the trial judge shall withhold adjudication for reckless driving notwithstanding s.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 expense, of an ignition interlock device approved by the department in accordance with s.
316.656.
316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person, when the convicted person qualifies for a permanent or restricted license.
(5) FAILURE TO COMPLETE PILOT PROGRAM.—If a person does not comply with this section and fails to successfully complete the pilot program, the state attorney operating the pilot program may discharge the person from the program and pursue prosecution of the offense of driving under the influence.
The installation of such device may not occur before July 1, 2003.
(6) ANNUAL REPORT.—By October 1 of each year beginning in 2021, the state attorney of each judicial circuit shall report the results of the pilot program to the Governor, the President of the Senate, and the Speaker of the House of Representatives.
The portion of a fine imposed in excess of $500 pursuant to sub- subparagraph 1.a.
The report shall include:
and the portion of a fine imposed in excess of $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund.
(a) The number of cases diverted from prosecution of driving under the influence.
(b) A person who successfully completes a diversion program under s.
(b) The number of persons who successfully completed the pilot program.
316.19395 and is thereafter charged with a new driving-under-the-influence offense shall be charged for the new offense in the same manner as if the person had a prior conviction for driving under the influence.
(c) The number of persons who failed to successfully complete the pilot program and were discharged from the program.
Section 3.
(d) The number of persons who successfully completed the pilot program who were later charged with another alcohol- related or drug-related criminal traffic offense.
Paragraphs (c) and (f) of subsection (3) of section 921.0022, Florida Statutes, are amended to read:
(e) The number of persons who failed to successfully complete the pilot program who were later charged with another Page 6 of 7 CODING:
921.0022 Criminal Punishment Code;
offense severity ranking chart.— (3) OFFENSE SEVERITY RANKING CHART (c) LEVEL 3 Florida Felony Description Page 8 of 28 CODING:
hb1145-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 1145 2020 alcohol-related or drug-related criminal traffic offense.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 Statute Degree 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
(7) STATEWIDE DATABASE.—By July 1, 2023, the department shall establish a statewide database of persons who participate in the pilot program.
316.066 3rd Unlawfully obtaining or using (3)(b)-(d) confidential crash reports.
Each judicial circuit must provide monthly reports to the department of the number of persons who have elected to participate in the pilot program.
316.193(2)(c) 3rd Felony DUI, 3rd conviction.
Section 2.
316.193(2)(b) 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
This act shall take effect July 1, 2020.
319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
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319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
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hb1145-00
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
327.35(2)(b) 3rd Felony BUI.
328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
379.2431 3rd Taking, disturbing, mutilating, (1)(e)5.
destroying, causing to be Page 10 of 28 CODING:
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words underlined are additions.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
379.2431 3rd Possessing any marine turtle (1)(e)6.
species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
379.2431 3rd Soliciting to commit or (1)(e)7.
conspiring to commit a violation of the Marine Turtle Protection Act.
400.9935(4)(a) 3rd Operating a clinic, or offering or (b) services requiring licensure, without a license.
400.9935(4)(e) 3rd Filing a false license Page 11 of 28 CODING:
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words underlined are additions.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 application or other required information or failing to report information.
440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.
501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
624.401(4)(b)1.
3rd Transacting insurance without a certificate of authority;
premium collected less than $20,000.
626.902(1)(a) & 3rd Representing an unauthorized (b) insurer.
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words underlined are additions.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 697.08 3rd Equity skimming.
790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
812.014(2)(c)2.
3rd Grand theft;
$5,000 or more but less than $10,000.
812.0145(2)(c) 3rd Theft from person 65 years of age or older;
$300 or more but less than $10,000.
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hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 812.015(8)(b) 3rd Retail theft with intent to sell;
conspires with others.
815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
817.034(4)(a)3.
3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
817.233 3rd Burning to defraud insurer.
817.234 3rd Unlawful solicitation of (8)(b) & (c) persons involved in motor vehicle accidents.
817.234(11)(a) 3rd Insurance fraud;
property value less than $20,000.
817.236 3rd Filing a false motor vehicle insurance application.
817.2361 3rd Creating, marketing, or Page 14 of 28 CODING:
Words stricken are deletions;
words underlined are additions.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 presenting a false or fraudulent motor vehicle insurance card.
817.413(2) 3rd Sale of used goods of $1,000 or more as new.
831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
838.021(3)(b) 3rd Threatens unlawful harm to public servant.
843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
860.15(3) 3rd Overcharging for repairs and Page 15 of 28 CODING:
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words underlined are additions.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 parts.
870.01(2) 3rd Riot;
inciting or encouraging.
893.13(1)(a)2.
3rd Sell, manufacture, or deliver cannabis (or other s.
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
893.13(1)(d)2.
2nd Sell, manufacture, or deliver s.
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
893.13(1)(f)2.
2nd Sell, manufacture, or deliver s.
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public Page 16 of 28 CODING:
Words stricken are deletions;
words underlined are additions.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 housing facility.
893.13(4)(c) 3rd Use or hire of minor;
deliver to minor other controlled substances.
893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
893.13(7)(a)8.
3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
893.13(7)(a)9.
3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
893.13(7)(a)10.
3rd Affix false or forged label to package of controlled substance.
893.13(7)(a)11.
3rd Furnish false or fraudulent Page 17 of 28 CODING:
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hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 material information on any document or record required by chapter 893.
893.13(8)(a)1.
3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.
893.13(8)(a)2.
3rd Employ a trick or scheme in the practitioner's practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
893.13(8)(a)3.
3rd Knowingly write a prescription for a controlled substance for a fictitious person.
893.13(8)(a)4.
3rd Write a prescription for a Page 18 of 28 CODING:
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hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
944.47 3rd Introduce contraband to (1)(a)1.
& 2.
correctional facility.
944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
(f) LEVEL 6 Florida Felony Description Page 19 of 28 CODING:
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words underlined are additions.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 Statute Degree 316.027(2)(b) 2nd Leaving the scene of a crash involving serious bodily injury.
316.193(2)(c) 3rd Felony DUI, 4th or subsequent 316.193(2)(b) conviction.
400.9935(4)(c) 2nd Operating a clinic, or offering services requiring licensure, without a license.
499.0051(2) 2nd Knowing forgery of transaction history, transaction information, or transaction statement.
499.0051(3) 2nd Knowing purchase or receipt of prescription drug from unauthorized person.
499.0051(4) 2nd Knowing sale or transfer of prescription drug to unauthorized person.
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words underlined are additions.
hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 775.0875(1) 3rd Taking firearm from law enforcement officer.
784.021(1)(a) 3rd Aggravated assault;
deadly weapon without intent to kill.
784.021(1)(b) 3rd Aggravated assault;
intent to commit felony.
784.041 3rd Felony battery;
domestic battery by strangulation.
784.048(3) 3rd Aggravated stalking;
credible threat.
784.048(5) 3rd Aggravated stalking of person under 16.
784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
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hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 784.08(2)(b) 2nd Aggravated assault on a person years of age or older.
784.081(2) 2nd Aggravated assault on specified official or employee.
784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
784.083(2) 2nd Aggravated assault on code inspector.
787.02(2) 3rd False imprisonment;
restraining with purpose other than those in s.
787.01.
790.115(2)(d) 2nd Discharging firearm or weapon on school property.
790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
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hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 790.164(1) 2nd False report concerning bomb, explosive, weapon of mass destruction, act of arson or violence to state property, or use of firearms in violent manner.
790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
794.05(1) 2nd Unlawful sexual activity with specified minor.
800.04(5)(d) 3rd Lewd or lascivious molestation;
victim 12 years of age or older but less than 16 years of age;
offender less than 18 years.
800.04(6)(b) 2nd Lewd or lascivious conduct;
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hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 offender 18 years of age or older.
806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
810.02(3)(c) 2nd Burglary of occupied structure;
unarmed;
no assault or battery.
810.145(8)(b) 2nd Video voyeurism;
certain minor victims;
2nd or subsequent offense.
812.014(2)(b)1.
2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
812.014(6) 2nd Theft;
property stolen $3,000 or more;
coordination of others.
812.015(9)(a) 2nd Retail theft;
property stolen $750 or more;
second or subsequent conviction.
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hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 812.015(9)(b) 2nd Retail theft;
aggregated property stolen within 30 days is $3,000 or more;
coordination of others.
812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
817.505(4)(b) 2nd Patient brokering;
10 or more patients.
825.102(1) 3rd Abuse of an elderly person or disabled adult.
825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
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hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 825.103(3)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $10,000.
827.03(2)(c) 3rd Abuse of a child.
827.03(2)(d) 3rd Neglect of a child.
827.071(2) & (3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
836.05 2nd Threats;
extortion.
836.10 2nd Written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
843.12 3rd Aids or assists person to escape.
847.011 3rd Distributing, offering to distribute, or possessing with Page 26 of 28 CODING:
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hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 intent to distribute obscene materials depicting minors.
847.012 3rd Knowingly using a minor in the production of materials harmful to minors.
847.0135(2) 3rd Facilitates sexual conduct of or with a minor or the visual depiction of such conduct.
914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
944.35(3)(a)2.
3rd Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm.
944.40 2nd Escapes.
944.46 3rd Harboring, concealing, aiding Page 27 of 28 CODING:
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hb1145-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1145 2020 escaped prisoners.
944.47(1)(a)5.
2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
951.22(1)(i) 3rd Firearm or weapon introduced into county detention facility.
Section 4.
This act shall take effect October 1, 2020.
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hb1145-01-c1
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How this bill changes current law

4 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill creates a Driving Under the Influence Diversion Program allowing first-time offenders to avoid a permanent criminal record and sets guidelines for program operation and participant requirements.

  • 316.19395

    316.19395 Driving Under the Influence Model Diversion Program.—

    Establishes a new section in Florida law that provides for a DUI diversion program.

  • 316.193

    Except as provided in paragraph (c), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished: → Except as provided in paragraph (c) (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:

    Corrects the numbering and references within the DUI penalties section.

  • 316.193

    A person who successfully completes a diversion program under s. 316.19395 and is thereafter charged with a new driving-under-the-influence offense shall be charged for the new offense in the same manner as if the person had a prior conviction for driving under the influence.

    Specifies that completion of the diversion program results in subsequent DUI charges being treated as if the individual has a prior conviction.

  • 921.0022

    The offense severity ranking chart shall include adjustments for individuals charged after completing a DUI diversion program.

    Aligns the criminal punishment code regarding DUI offenses with the new diversion program.

Action History

  1. Died in Judiciary Committee

  2. Indefinitely postponed and withdrawn from consideration

  3. Now in Judiciary Committee

  4. Favorable by Justice Appropriations Subcommittee; YEAS 10 NAYS 1

  5. On Committee agenda-- Justice Appropriations Subcommittee, 02/11/20, 1:30 pm, Sumner Hall

  6. Now in Justice Appropriations Subcommittee

  7. CS referred to Justice Appropriations Subcommittee; Judiciary Committee

  8. Original reference(s) removed: Appropriations Committee

  9. CS by Criminal Justice Subcommittee read 1st time

  10. Pending review of CS under Rule 7.18(c)

  11. CS by Criminal Justice Subcommittee; YEAS 11 NAYS 2

  12. On Committee agenda-- Criminal Justice Subcommittee, 02/03/20, 2:00 pm, Sumner Hall

  13. Introduced

  14. Referred to Criminal Justice Subcommittee; Appropriations Committee; Judiciary Committee

  15. Filed

Sponsors

  • Altman · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 163 not signed on · 1 voted No

Sponsors (1)

  • Altman

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable (Justice Appropriations Subcommittee)

Passed 10 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democrat 1100
Republican 1001
Total 10101
% of votes cast 83%8%0%8%
How each member voted (12)
Member Party Vote
Beltran — Yea
Byrd — Yea
Fernandez-Barquin — Yea
Payne — Yea
Pritchett — Yea
Renner — Yea
Silvers — Yea
Slosberg — Yea
Gottlieb, Michael "Mike" Democrat Nay
Gregory, Emily Democrat Yea
Plakon, Rachel Saunders Republican Not Voting
Yarborough, Clay Republican Yea

Official roll call →

Favorable With Committee Substitute (Criminal Justice Subcommittee)

Passed 11 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9102
Republican 2000
Democrat 0100
Total 11202
% of votes cast 73%13%0%13%
How each member voted (15)
Member Party Vote
Alexander — Yea
Bush — Yea
Byrd — Yea
Donalds — Yea
Eagle — Not Voting
Fernandez-Barquin — Not Voting
Grant, J. — Yea
Grieco — Nay
Roach — Yea
Robinson — Yea
Sabatini — Yea
Webb — Yea
Gottlieb, Michael "Mike" Democrat Nay
Andrade, Robert Alexander "Alex" Republican Yea
McClain, Stan Republican Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1145 do?
Driving Under the Influence Diversion Programs; Authorizes judicial circuits to implement Driving Under Influence Diversion Program; specifies state attorney shall operate program; provides for program eligibility & requirements; requires reduced charge of reckless driving & withhold of adjudication for participant who successfully completes program; requires report to Governor & Legislature; requires person's new driving-under-the-influence offense after successful program completion to be charged as though person had prior driving-under-the-influence conviction.
Who sponsors HB 1145?
HB 1145 is sponsored by Altman.
What is the current status of HB 1145?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 1145?
Track HB 1145 free on One Click Politics — get push/email alerts when it moves.

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