| 1 | The Transportation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to driving under the influence; amending |
| 7 | s. 316.1937, F.S.; authorizing the court to order a |
| 8 | portion of a DUI fine to be used to pay certain costs |
| 9 | related to ignition interlock devices; amending s. |
| 10 | 322.271, F.S.; correcting a cross reference; creating s. |
| 11 | 322.2715, F.S.; directing the Department of Highway Safety |
| 12 | and Motor Vehicles to require the placement of a |
| 13 | department-approved ignition interlock device on specified |
| 14 | vehicles operated by a person convicted of committing |
| 15 | certain DUI offenses; providing for an exception for |
| 16 | certain medical conditions; specifying the duration of the |
| 17 | installation period; directing the department to require |
| 18 | installation of the ignition interlock device when the |
| 19 | court fails to order the mandatory placement of the device |
| 20 | or fails to order placement for the applicable period upon |
| 21 | a conviction for a DUI offense; providing for an exception |
| 22 | for certain medical conditions; providing an effective |
| 23 | date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Paragraph (d) of subsection (2) of section |
| 28 | 316.1937, Florida Statutes, is amended to read: |
| 29 | 316.1937 Ignition interlock devices, requiring; unlawful |
| 30 | acts.-- |
| 31 | (2) If the court imposes the use of an ignition interlock |
| 32 | device, the court shall: |
| 33 | (d) Determine the person's ability to pay for installation |
| 34 | of the device if the person claims inability to pay. If the |
| 35 | court determines that the person is unable to pay for |
| 36 | installation of the device, the court may order that any portion |
| 37 | of a fine paid by the person for a violation of s. 316.193 shall |
| 38 | be allocated to defray the costs of installing the device and to |
| 39 | pay the monthly fees, surcharges, insurance costs, and deposit |
| 40 | costs. |
| 41 | Section 2. Paragraph (d) of subsection (2) of section |
| 42 | 322.271, Florida Statutes, is amended to read: |
| 43 | 322.271 Authority to modify revocation, cancellation, or |
| 44 | suspension order.-- |
| 45 | (2) |
| 46 | (d) The department, based upon review of the licensee's |
| 47 | application for reinstatement, may require use of an ignition |
| 48 | interlock device pursuant to s. 322.2715 316.1937. |
| 49 | Section 3. Section 322.2715, Florida Statutes, is created |
| 50 | to read: |
| 51 | 322.2715 Ignition interlock device.-- |
| 52 | (1) Before issuing a permanent or restricted driver's |
| 53 | license under this chapter, the department shall require the |
| 54 | placement of a department-approved ignition interlock device for |
| 55 | any person convicted of committing an offense of driving under |
| 56 | the influence as specified in subsection (3), except that |
| 57 | consideration may be given to those individuals with a |
| 58 | documented medical condition that would prohibit the device from |
| 59 | functioning normally. An ignition interlock device shall be |
| 60 | placed on all vehicles that are individually or jointly leased |
| 61 | or owned and routinely operated by the convicted person. |
| 62 | (2) For purposes of this section, any conviction for a |
| 63 | violation of s. 316.193, a previous conviction for a violation |
| 64 | of former s. 316.1931, or a conviction outside this state for |
| 65 | driving under the influence, driving while intoxicated, driving |
| 66 | with an unlawful blood-alcohol level, or any other similar |
| 67 | alcohol-related or drug-related traffic offense is a conviction |
| 68 | of driving under the influence. |
| 69 | (3) If the person is convicted of: |
| 70 | (a) A first offense of driving under the influence under |
| 71 | s. 316.193 and has an unlawful blood-alcohol level or breath- |
| 72 | alcohol level as specified in s. 316.193(4) or, if the person is |
| 73 | convicted of a violation of s. 316.193 and was at the time of |
| 74 | the offense accompanied in the vehicle by a person younger than |
| 75 | 18 years of age, the person shall have the ignition interlock |
| 76 | device installed for a period of 6 months for the first offense |
| 77 | and for a period of not less than 2 years for a second offense. |
| 78 | (b) A second offense of driving under the influence, the |
| 79 | ignition interlock device shall be installed for a period of not |
| 80 | less than 1 year. |
| 81 | (c) A third offense of driving under the influence which |
| 82 | occurs within 10 years after a prior conviction for a violation |
| 83 | of s. 316.193, the ignition interlock device shall be installed |
| 84 | for a period of not less than 2 years. |
| 85 | (d) A third offense of driving under the influence which |
| 86 | occurs more than 10 years after the date of a prior conviction, |
| 87 | the ignition interlock device shall be installed for a period of |
| 88 | not less than 2 years. |
| 89 | (4) If the court fails to order the mandatory placement of |
| 90 | the ignition interlock device or fails to order for the |
| 91 | applicable period the mandatory placement of an ignition |
| 92 | interlock device under s. 316.193 or s. 316.1937 at the time of |
| 93 | imposing sentence or within 30 days thereafter, the department |
| 94 | shall immediately require that the ignition interlock device be |
| 95 | installed as provided in this section, except that consideration |
| 96 | may be given to those individuals with a documented medical |
| 97 | condition that would prohibit the device from functioning |
| 98 | normally. This subsection applies to the reinstatement of the |
| 99 | driving privilege following a revocation, suspension, or |
| 100 | cancellation that is based upon a conviction for the offense of |
| 101 | driving under the influence which occurs on or after July 1, |
| 102 | 2005. |
| 103 | Section 4. This act shall take effect July 1, 2005. |