| 1 | A bill to be entitled |
| 2 | An act relating to driving under the influence; amending |
| 3 | s. 316.193, F.S.; requiring placement of an ignition |
| 4 | interlock device for a certain time period on the vehicles |
| 5 | of a person convicted for a fourth or subsequent offense |
| 6 | of driving under the influence if that person obtains a |
| 7 | restricted license or permit; amending s. 322.01, F.S.; |
| 8 | defining the term "continuous alcohol monitoring"; |
| 9 | amending s. 322.16, F.S.; providing for penalties for |
| 10 | violating ignition interlock restrictions; amending s. |
| 11 | 322.271, F.S.; revising the authority of the Department of |
| 12 | Highway Safety and Motor Vehicles to modify a driver |
| 13 | license revocation, cancellation, or suspension order; |
| 14 | revising requirements for reinstatement of driving |
| 15 | privileges and issuance of a license on a restricted basis |
| 16 | to a person whose license has been revoked for specified |
| 17 | DUI offenses; providing requirements for reinstatement of |
| 18 | driving privileges and issuance of a license on a |
| 19 | restricted basis to a person whose license has been |
| 20 | permanently revoked; revising requirements for |
| 21 | reinstatement of driving privileges for certain persons |
| 22 | convicted of DUI manslaughter whose driving privileges |
| 23 | were permanently revoked; requiring demonstration of |
| 24 | abstinence by use of continuous alcohol monitoring for a |
| 25 | certain time period; amending s. 322.2715, F.S.; requiring |
| 26 | installation of an ignition interlock device for a certain |
| 27 | time period if a person is convicted of a fourth or |
| 28 | subsequent offense; amending s. 322.28, F.S.; providing |
| 29 | for exceptions to a prohibition against issuing a driver |
| 30 | license or granting driving privileges to a person whose |
| 31 | license was permanently revoked for certain DUI |
| 32 | convictions; providing an effective date. |
| 33 |
|
| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
|
| 36 | Section 1. Subsection (2) of section 316.193, Florida |
| 37 | Statutes, is amended to read: |
| 38 | 316.193 Driving under the influence; penalties.-- |
| 39 | (1) A person is guilty of the offense of driving under the |
| 40 | influence and is subject to punishment as provided in subsection |
| 41 | (2) if the person is driving or in actual physical control of a |
| 42 | vehicle within this state and: |
| 43 | (a) The person is under the influence of alcoholic |
| 44 | beverages, any chemical substance set forth in s. 877.111, or |
| 45 | any substance controlled under chapter 893, when affected to the |
| 46 | extent that the person's normal faculties are impaired; |
| 47 | (b) The person has a blood-alcohol level of 0.08 or more |
| 48 | grams of alcohol per 100 milliliters of blood; or |
| 49 | (c) The person has a breath-alcohol level of 0.08 or more |
| 50 | grams of alcohol per 210 liters of breath. |
| 51 | (2)(a) Except as provided in paragraph (b), subsection |
| 52 | (3), or subsection (4), any person who is convicted of a |
| 53 | violation of subsection (1) shall be punished: |
| 54 | 1. By a fine of: |
| 55 | a. Not less than $250 or more than $500 for a first |
| 56 | conviction. |
| 57 | b. Not less than $500 or more than $1,000 for a second |
| 58 | conviction; and |
| 59 | 2. By imprisonment for: |
| 60 | a. Not more than 6 months for a first conviction. |
| 61 | b. Not more than 9 months for a second conviction. |
| 62 | 3. For a second conviction, by mandatory placement for a |
| 63 | period of at least 1 year, at the convicted person's sole |
| 64 | expense, of an ignition interlock device approved by the |
| 65 | department in accordance with s. 316.1938 upon all vehicles that |
| 66 | are individually or jointly leased or owned and routinely |
| 67 | operated by the convicted person, when the convicted person |
| 68 | qualifies for a permanent or restricted license. The |
| 69 | installation of such device may not occur before July 1, 2003. |
| 70 | (b)1. Any person who is convicted of a third violation of |
| 71 | this section for an offense that occurs within 10 years after a |
| 72 | prior conviction for a violation of this section commits a |
| 73 | felony of the third degree, punishable as provided in s. |
| 74 | 775.082, s. 775.083, or s. 775.084. In addition, the court shall |
| 75 | order the mandatory placement for a period of not less than 2 |
| 76 | years, at the convicted person's sole expense, of an ignition |
| 77 | interlock device approved by the department in accordance with |
| 78 | s. 316.1938 upon all vehicles that are individually or jointly |
| 79 | leased or owned and routinely operated by the convicted person, |
| 80 | when the convicted person qualifies for a permanent or |
| 81 | restricted license. The installation of such device may not |
| 82 | occur before July 1, 2003. |
| 83 | 2. Any person who is convicted of a third violation of |
| 84 | this section for an offense that occurs more than 10 years after |
| 85 | the date of a prior conviction for a violation of this section |
| 86 | shall be punished by a fine of not less than $1,000 or more than |
| 87 | $2,500 and by imprisonment for not more than 12 months. In |
| 88 | addition, the court shall order the mandatory placement for a |
| 89 | period of at least 2 years, at the convicted person's sole |
| 90 | expense, of an ignition interlock device approved by the |
| 91 | department in accordance with s. 316.1938 upon all vehicles that |
| 92 | are individually or jointly leased or owned and routinely |
| 93 | operated by the convicted person, when the convicted person |
| 94 | qualifies for a permanent or restricted license. The |
| 95 | installation of such device may not occur before July 1, 2003. |
| 96 | 3. Any person who is convicted of a fourth or subsequent |
| 97 | violation of this section, regardless of when any prior |
| 98 | conviction for a violation of this section occurred, commits a |
| 99 | felony of the third degree, punishable as provided in s. |
| 100 | 775.082, s. 775.083, or s. 775.084. However, the fine imposed |
| 101 | for such fourth or subsequent violation may be not less than |
| 102 | $1,000. In addition, the court shall order the mandatory |
| 103 | placement for a period of at least 10 years, at the convicted |
| 104 | person's sole expense, of an ignition interlock device approved |
| 105 | by the department in accordance with s. 316.1938 upon all |
| 106 | vehicles that are individually or jointly leased or owned and |
| 107 | routinely operated by the convicted person if he or she obtains |
| 108 | a restricted license or permit regardless of whether the |
| 109 | conviction was for a misdemeanor or a felony. |
| 110 | Section 2. Subsections (9) through (44) of section 322.01, |
| 111 | Florida Statutes, are renumbered as subsections (10) through |
| 112 | (45), respectively, and a new subsection (9) is added to that |
| 113 | section to read: |
| 114 | 322.01 Definitions.--As used in this chapter: |
| 115 | (9) "Continuous alcohol monitoring" means automatically |
| 116 | testing breath, blood, or transdermal alcohol concentration |
| 117 | levels and identifying any attempts to tamper or obstruct the |
| 118 | testing process at least once every hour, regardless of the |
| 119 | location of the person who is being monitored, and regularly |
| 120 | transmitting the data to a licensed DUI supervision program |
| 121 | provider. |
| 122 | Section 3. Subsection (5) of section 322.16, Florida |
| 123 | Statutes, is amended, and subsection (7) is added to that |
| 124 | section, to read: |
| 125 | 322.16 License restrictions.-- |
| 126 | (5) It is a misdemeanor of the second degree, punishable |
| 127 | as provided in s. 775.082 or s. 775.083, for any person to |
| 128 | operate a motor vehicle in any manner in violation of the |
| 129 | restrictions imposed in a license issued to him or her except as |
| 130 | described in subsection (6) or subsection (7) for a violation of |
| 131 | paragraph (1)(d), subsection (2), or subsection (3). |
| 132 | (6) Any person who operates a motor vehicle in violation |
| 133 | of the restrictions imposed in subsection (2) or subsection (3) |
| 134 | will be charged with a moving violation and fined in accordance |
| 135 | with chapter 318. |
| 136 | (7) Any person who operates a motor vehicle in violation |
| 137 | of an ignition interlock restriction commits an offense of the |
| 138 | same degree and punishable in the same manner as driving or |
| 139 | being in actual physical control of a vehicle under the |
| 140 | suspension or revocation for which the permit or restricted |
| 141 | license was issued as described in s. 322.34 or s. 322.341. |
| 142 | Section 4. Paragraph (b) of subsection (2) and paragraph |
| 143 | (a) of subsection (4) of section 322.271, Florida Statutes, are |
| 144 | amended to read: |
| 145 | 322.271 Authority to modify revocation, cancellation, or |
| 146 | suspension order.-- |
| 147 | (2) |
| 148 | (b)1. A person whose license has been revoked for a period |
| 149 | of 5 years or less pursuant to s. 322.28(2)(a) or (e): |
| 150 | a. For a second conviction for an offense that occurred |
| 151 | within a period of 5 years after the date of a prior conviction |
| 152 | for a violation of s. 316.193 or former s. 316.1931 or a |
| 153 | combination of such sections may, upon the expiration of 12 |
| 154 | months after the date said revocation was imposed, petition the |
| 155 | department for reinstatement of his or her driving privilege on |
| 156 | a restricted basis. Reinstatement of the driving privilege |
| 157 | pursuant to this sub-subparagraph shall be restricted to |
| 158 | business or employment purposes only. The department shall |
| 159 | require the person to remain abstinent from alcohol and other |
| 160 | drugs through the petition and approval process as demonstrated |
| 161 | by continuous alcohol monitoring for not less than 90 days as |
| 162 | reported to the licensed DUI program to which the petitioner |
| 163 | applied for supervision services. In addition, the department |
| 164 | shall require the person to have not driven and to have |
| 165 | abstained from alcohol and other drugs for at least 12 months |
| 166 | prior to reinstatement, to be supervised by a DUI program |
| 167 | licensed by the department, and to report to the program at |
| 168 | least three times a year as required by the program for the |
| 169 | duration of the revocation period for supervision. The |
| 170 | supervision shall include evaluation, education, referral into |
| 171 | treatment, and other activities required by the department. The |
| 172 | person shall assume reasonable costs of supervision. If the |
| 173 | person fails to comply with the required supervision, the |
| 174 | program shall report the failure to the department, and the |
| 175 | department shall cancel the person's driving privilege. |
| 176 | b. For a third conviction for an offense that occurred |
| 177 | within a period of 10 years after the date of a prior conviction |
| 178 | for a violation of s. 316.193 or former s. 316.1931 or a |
| 179 | combination of such sections A person whose license has been |
| 180 | revoked for a period of more than 5 years under s. 322.28(2)(a) |
| 181 | may, upon the expiration of 24 months after the date the |
| 182 | revocation was imposed, petition the department for |
| 183 | reinstatement of his or her driving privilege on a restricted |
| 184 | basis. Reinstatement of the driving privilege pursuant to this |
| 185 | sub-subparagraph shall be restricted to business or employment |
| 186 | purposes only. The department shall require the person to remain |
| 187 | abstinent from alcohol and other drugs through the petition and |
| 188 | approval process as demonstrated by continuous alcohol |
| 189 | monitoring for not less than 90 days as reported to the licensed |
| 190 | DUI program to which the petitioner applied for supervision |
| 191 | services. In addition, the department shall require the person |
| 192 | to have not driven and to have abstained from alcohol and other |
| 193 | drugs for at least 12 months prior to reinstatement, to be |
| 194 | supervised by a DUI program licensed by the department, and to |
| 195 | report to the program at least three times a year as required by |
| 196 | the program for the duration of the revocation period for |
| 197 | supervision. The supervision shall include evaluation, |
| 198 | education, referral into treatment, and other activities |
| 199 | required by the department. The person shall assume reasonable |
| 200 | costs of supervision. If the person fails to comply with the |
| 201 | required supervision, the program shall report the failure to |
| 202 | the department, and the department shall cancel the person's |
| 203 | driving privilege. |
| 204 | c. For a fourth or subsequent conviction for a violation |
| 205 | of s. 316.193 or former s. 316.1931 or a combination of such |
| 206 | sections may, upon the expiration of 5 years after the date said |
| 207 | revocation was imposed, petition the department for |
| 208 | reinstatement of his or her driving privilege on a restricted |
| 209 | basis. Reinstatement of the driving privilege pursuant to this |
| 210 | sub-subparagraph shall be restricted to business or employment |
| 211 | purposes only. The department shall require the person to remain |
| 212 | abstinent from alcohol and other drugs through the petition and |
| 213 | approval process as demonstrated by continuous alcohol |
| 214 | monitoring for not less than 180 days as reported to the |
| 215 | licensed DUI program to which the petitioner applied for |
| 216 | supervision services. In addition, the department shall require |
| 217 | the person to have not driven and to have abstained from alcohol |
| 218 | and other drugs for at least 5 years prior to reinstatement, to |
| 219 | be supervised by a DUI program licensed by the department, and |
| 220 | to report to the program at least three times a year as required |
| 221 | by the program for the duration of the revocation period for |
| 222 | supervision. The supervision shall include evaluation, |
| 223 | education, referral into treatment, and other activities |
| 224 | required by the department. The person shall assume reasonable |
| 225 | costs of supervision. If the person fails to comply with the |
| 226 | required supervision, the program shall report the failure to |
| 227 | the department, and the department shall cancel the person's |
| 228 | driving privilege. |
| 229 | 2. Reinstatement of the driving privilege pursuant to this |
| 230 | subsection shall be restricted to business or employment |
| 231 | purposes only. In addition, the department shall require such |
| 232 | persons upon reinstatement to have not driven in violation of |
| 233 | their revocations, and to have been drug free for at least 12 |
| 234 | months immediately prior to such reinstatement, to be supervised |
| 235 | by a DUI program licensed by the department, and to report to |
| 236 | the program at least three times a year as required by the |
| 237 | program for the duration of the revocation period for |
| 238 | supervision. Such supervision shall include evaluation, |
| 239 | education, referral into treatment, and other activities |
| 240 | required by the department. Such persons shall assume reasonable |
| 241 | costs of supervision. If such person fails to comply with the |
| 242 | required supervision, the program shall report the failure to |
| 243 | the department, and the department shall cancel such person's |
| 244 | driving privilege. This paragraph does not apply to any person |
| 245 | whose driving privilege has been permanently revoked. |
| 246 | (4) Notwithstanding the provisions of s. 322.28(2)(e), a |
| 247 | person whose driving privilege has been permanently revoked |
| 248 | because he or she has been convicted of DUI manslaughter in |
| 249 | violation of s. 316.193 and has no prior convictions for DUI- |
| 250 | related offenses may, upon the expiration of 5 years after the |
| 251 | date of such revocation or the expiration of 5 years after the |
| 252 | termination of any term of incarceration under s. 316.193 or |
| 253 | former s. 316.1931, whichever date is later, petition the |
| 254 | department for reinstatement of his or her driving privilege. |
| 255 | (a) Within 30 days after the receipt of such a petition, |
| 256 | the department shall afford the petitioner an opportunity for a |
| 257 | hearing. At the hearing, the petitioner must demonstrate to the |
| 258 | department that he or she: |
| 259 | 1. Has not been arrested for a drug-related offense during |
| 260 | the 5 years preceding the filing of the petition; |
| 261 | 2. Has not driven a motor vehicle without a license for at |
| 262 | least 5 years prior to the hearing; |
| 263 | 3. Has been drug-free for at least 5 years prior to the |
| 264 | hearing; |
| 265 | 4. Has abstained from alcohol for at least 5 years prior |
| 266 | to the hearing as demonstrated by not less than 180 days of |
| 267 | continuous alcohol monitoring as reported to the petitioner's |
| 268 | licensed DUI program; and |
| 269 | 5.4. Has completed a DUI program licensed by the |
| 270 | department. |
| 271 | Section 5. Section 322.2715, Florida Statutes, is amended |
| 272 | to read: |
| 273 | 322.2715 Ignition interlock device.-- |
| 274 | (1) Before issuing a permanent or restricted driver's |
| 275 | license under this chapter, the department shall require the |
| 276 | placement of a department-approved ignition interlock device for |
| 277 | any person convicted of committing an offense of driving under |
| 278 | the influence as specified in subsection (3), except that |
| 279 | consideration may be given to those individuals having a |
| 280 | documented medical condition that would prohibit the device from |
| 281 | functioning normally. An interlock device shall be placed on all |
| 282 | vehicles that are individually or jointly leased or owned and |
| 283 | routinely operated by the convicted person. |
| 284 | (2) For purposes of this section, any conviction for a |
| 285 | violation of s. 316.193, a previous conviction for a violation |
| 286 | of former s. 316.1931, or a conviction outside this state for |
| 287 | driving under the influence, driving while intoxicated, driving |
| 288 | with an unlawful blood-alcohol level, or any other similar |
| 289 | alcohol-related or drug-related traffic offense is a conviction |
| 290 | of driving under the influence. |
| 291 | (3) If the person is convicted of: |
| 292 | (a) A first offense of driving under the influence under |
| 293 | s. 316.193 and has an unlawful blood-alcohol level or breath- |
| 294 | alcohol level as specified in s. 316.193(4), or if a person is |
| 295 | convicted of a violation of s. 316.193 and was at the time of |
| 296 | the offense accompanied in the vehicle by a person younger than |
| 297 | 18 years of age, the person shall have the ignition interlock |
| 298 | device installed for 6 months for the first offense and for at |
| 299 | least 2 years for a second offense. |
| 300 | (b) A second offense of driving under the influence, the |
| 301 | ignition interlock device shall be installed for a period of not |
| 302 | less than 1 year. |
| 303 | (c) A third offense of driving under the influence which |
| 304 | occurs within 10 years after a prior conviction for a violation |
| 305 | of s. 316.193, the ignition interlock device shall be installed |
| 306 | for a period of not less than 2 years. |
| 307 | (d) A third offense of driving under the influence which |
| 308 | occurs more than 10 years after the date of a prior conviction, |
| 309 | the ignition interlock device shall be installed for a period of |
| 310 | not less than 2 years. |
| 311 | (e) A fourth or subsequent offense of driving under the |
| 312 | influence, the ignition interlock device shall be installed for |
| 313 | a period of not less than 10 years. |
| 314 | (4) If the court fails to order the mandatory placement of |
| 315 | the ignition interlock device or fails to order for the |
| 316 | applicable period the mandatory placement of an ignition |
| 317 | interlock device under s. 316.193 or s. 316.1937 at the time of |
| 318 | imposing sentence or within 30 days thereafter, the department |
| 319 | shall immediately require that the ignition interlock device be |
| 320 | installed as provided in this section, except that consideration |
| 321 | may be given to those individuals having a documented medical |
| 322 | condition that would prohibit the device from functioning |
| 323 | normally. This subsection applies to the reinstatement of the |
| 324 | driving privilege following a revocation, suspension, or |
| 325 | cancellation that is based upon a conviction for the offense of |
| 326 | driving under the influence which occurs on or after July 1, |
| 327 | 2005. |
| 328 | Section 6. Paragraph (e) of subsection (2) of section |
| 329 | 322.28, Florida Statutes, is amended to read: |
| 330 | 322.28 Period of suspension or revocation.-- |
| 331 | (2) In a prosecution for a violation of s. 316.193 or |
| 332 | former s. 316.1931, the following provisions apply: |
| 333 | (e) The court shall permanently revoke the driver's |
| 334 | license or driving privilege of a person who has been convicted |
| 335 | four times for violation of s. 316.193 or former s. 316.1931 or |
| 336 | a combination of such sections. The court shall permanently |
| 337 | revoke the driver's license or driving privilege of any person |
| 338 | who has been convicted of DUI manslaughter in violation of s. |
| 339 | 316.193. If the court has not permanently revoked such driver's |
| 340 | license or driving privilege within 30 days after imposing |
| 341 | sentence, the department shall permanently revoke the driver's |
| 342 | license or driving privilege pursuant to this paragraph. No |
| 343 | driver's license or driving privilege may be issued or granted |
| 344 | to any such person except as described in s. 322.271. This |
| 345 | paragraph applies only if at least one of the convictions for |
| 346 | violation of s. 316.193 or former s. 316.1931 was for a |
| 347 | violation that occurred after July 1, 1982. For the purposes of |
| 348 | this paragraph, a conviction for violation of former s. 316.028, |
| 349 | former s. 316.1931, or former s. 860.01 is also considered a |
| 350 | conviction for violation of s. 316.193. Also, a conviction of |
| 351 | driving under the influence, driving while intoxicated, driving |
| 352 | with an unlawful blood-alcohol level, or any other similar |
| 353 | alcohol-related or drug-related traffic offense outside this |
| 354 | state is considered a conviction for the purposes of this |
| 355 | paragraph. |
| 356 | Section 7. This act shall take effect October 1, 2008. |