The State Attorney's Office rolled out changes to the Back on Track Program for first time DUI offenders without warning the Florida Association of Criminal Defense Lawyers. The changes included reintroducing the Ignition Interlock Device requirement and introducing the SCRAM device as an alternative. However, after meetings between FACDL and the State Attorney's Office, it was agreed that SCRAM would not be part of the program and those unable to use an Ignition Interlock Device would have to complete a higher number of community service hours instead. Future policy changes will also be discussed with FACDL before implementation.

1. Dear
Friends
and
Colleagues,
As
many
of
you
are
aware,
this
week
the
SAO
and
Advocate
rolled
out
changes
to
the
Back
on
Track
Program
(BOT)
for
first
time
DUI
offenders.
We
at
FACDL
were
not
warned
of
the
impending
changes
and
where
admittedly
caught
off
guard.
As
has
been
reported,
the
changes
include
the
reintroduction
of
the
Ignition
Interlock
Device
and
in
the
alternative
the
imposition
of
a
SCRAM
device.
The
Ignition
Interlock
Device
(IID)
condition
has
always
been
a
part
of
BOT
protocol
but
was
temporarily
suspended
as
a
requirement
due
to
a
lack
of
devices.
The
contract
bidding
and
related
appeals
now
having
come
to
an
end,
the
shortage
of
devices
is
no
longer
an
issue
and
just
as
had
always
been
intended,
the
IID
is
now
a
condition
of
BOT
Tier
1
and
2
(its
cost
will
be
somewhat
offset
by
the
reduction
in
community
service
hours).
The
SCRAM
device
is
another
matter
altogether.
SCRAM
is
not
designed
for
the
types
of
clients
eligible
for
BOT.
Since
learning
of
the
new
changes
to
BOT,
I
have
met
with
and
been
in
discussions
with
members
of
the
State
Attorney's
Office.
I
am
happy
to
report
that
we
have
reached
an
agreement
that
SCRAM
will
not
be
a
part
of
BOT.
BOT
candidates
who
cannot
fulfill
the
Ignition
Interlock
Device
requirement
(because
they
do
not
own
a
car,
do
not
have
valid
registration/insurance,
or
do
not
have
a
valid
driver's
license)
will
be
permitted
to
participate
in
BOT
without
the
need
for
a
SCRAM
device.
In
lieu
of
the
IID
(and
since
SCRAM
is
now
off
the
table),
BOT
participants
who
cannot
fulfill
the
Interlock
requirement
will
be
required
to
complete
the
old
(higher)
number
of
community
service
hours.
The
Chief
of
County
Court,
ASA
Joe
Mansfield,
has
agreed
to
inform
Advocate
and
his
ASAs
of
this
agreement
and
policy
reversal.
In
addition,
we
have
been
assured
that
future
policy
changes
will
be
discussed
with
FACDL
before
being
implemented
so
as
to
avoid
future
confusion
and
allow
for
the
voicing
of
concerns
from
the
defense
bar
before
decisions
are
finalized.
Even
though
we
all
appreciate
the
opportunities
afforded
our
clients
by
programs
like
BOT,
I
will
continue
to
impress
upon
the
powers
that
be
that
while
people
may
make
a
mistake,
they
do
not
need
onerous
or
shame-­‐

2. inducing
sanctions
to
become
educated
or
rehabilitated.
I
have
high
hopes
that
we
will
be
able
to
continue
meaningful
and
prductive
discussions
with
members
of
the
SAO
in
hopes
of
making
this
and
other
programs
more
beneficial
and
appealing
to
our
clients
and
the
community
at
large.
If
anyone
has
any
questions,
concerns
or
suggestions,
please
feel
free
to
contact
me
directly.
Best,
Eddie
Pereira
President
FACDL-­‐Miami