| 1 | The Transportation Committee recommends the following: | 
| 2 | 
  | 
| 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. |