SB 1396 — Driving Under the Influence

Florida Senate - 2020 CS for SB 1396 By Senatorthe SimmonsCommittee 9-01629-20on 20201396__Criminal AJustice; bill to be entitled An act relating to driving under the influence;

and Senator Simmons 591-03074-20 20201396c1 A bill to be entitled An act relating to driving under the influence;

316.193 the opportunity to avoid a permanentconviction criminalfor history record associated with the offense while ensuring the person receives substance abuse treatment if necessary.

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.

In developing such policies and procedures, the state attorney shall consult local law enforcement agency representatives, county probation officers, the public defender, and local program providers.

(2) ELIGIBILITY REQUIREMENTS.— (a) A person charged with driving under the influenceinfluence, is eligible for participation in theviolation pilotof programs. if he or she:

316.193, is eligible for participation in the pilot program if he or she:

2. Does not have a priorpending felony or pendingprior felony conviction.

6. Did not, at the time of the offense, have a blood alcohol level of 0.20 or breath-alcoholmore levelgrams of 0.20alcohol orper higher.100 milliliters of blood;

or a breath-alcohol level of 0.20 or more grams of alcohol per 210 liters of breath.

8. Waives the speedy trial period.

The speedy trial period is tolled immediately upon entry into the pilot program until the participant completes all terms and enters a plea pursuant to subsection (4) or the participant is discharged from the pilot program pursuant to subsection (5).

(3) PILOT PROGRAM REQUIREMENTS.— (a) A person whomust participatesparticipate in the pilot program must do so for 12 months, during which period he or she may not possess or consume alcohol, illegalor drugs,any orcontrolled prescriptionsubstance drugsas notset prescribedforth forin himchapter 893, unless the controlled substance was lawfully obtained from a practitioner or herpursuant to a valid prescription, and must complete the following as administered by an approved program provider:

1. Fifty hours of community service if, at the time of the offense, the person had a blood-alcohol level of 0.15 or breath-alcoholless levelgrams of 0.15alcohol orper lower.100 milliliters of blood;

2. Seventy-fiveor hours of community service if, at the time of the offense, the person had a blood-alcohol level or breath alcohol level higherof than 0.15 but lower than 0.20 or didless notgrams provideof aalcohol bloodper or210 breathliters sample.of breath.

2. Seventy-five hours of community service if, at the time of the offense, the person had a blood-alcohol level of more than 0.15, but less than 0.20 grams of alcohol per 100 milliliters of blood;

or a breath-alcohol level of more than 0.15, but less than 0.20 grams of alcohol per 210 liters of breath;

or did not provide a blood or breath sample.

322.292, which shall include a psychosocial evaluation of the person, and any substance abuse treatment requiredrecommendations by such program.

a. Ninety days if, at the time of the offense, the person had a blood-alcohol level of 0.15 or breath-alcoholless levelgrams of 0.15alcohol orper lower.100 milliliters of blood;

b. Oneor hundred eighty days if, at the time of the offense, the person had a blood-alcohol level or breath-alcohol level higherof than 0.15 but lower than 0.20 or didless notgrams provideof aalcohol bloodper or210 breathliters sample.of breath.

b. One hundred eighty days if, at the time of the offense, the person had a blood-alcohol level of more than 0.15, but less than 0.20 grams of alcohol per 100 milliliters of blood;

or a breath-alcohol level more than 0.15, but less than 0.20 grams of alcohol per 210 liters of breath;

or did not provide a blood or breath sample.

(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 or nolo contendere to the offense of reckless driving as provided in s.

(6) ANNUAL REPORT.—By October 1 of each yearyear, 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.