Florida Senate - 2013 SB 796
By Senator Hukill
8-01037-13 2013796__
1 A bill to be entitled
2 An act relating to ignition interlock devices;
3 amending s. 316.193, F.S.; requiring mandatory
4 placement of an ignition interlock device on all
5 vehicles owned or operated by a person convicted of
6 driving under the influence for specified periods
7 based on the violation; revising the required
8 installation periods for certain violations; amending
9 s. 316.1937, F.S.; revising the maximum allowable
10 blood-alcohol level at which an ignition interlock
11 device will allow operation of a vehicle; revising
12 provisions prohibiting tampering with or circumventing
13 an ignition interlock device; revising provisions
14 concerning operation of vehicles owned or leased by
15 the employer of a person subject to ignition interlock
16 restrictions when such operation is required in the
17 scope of his or her employment; amending s. 322.25,
18 F.S.; requiring that court orders for reinstatement of
19 a license privilege for driving under the influence
20 include a requirement for an ignition interlock
21 device; amending s. 322.2615, F.S.; deleting
22 provisions relating to temporary licenses for business
23 or employment purposes; providing for ignition
24 interlock licenses and requirements for such licenses;
25 amending s. 322.28, F.S.; providing for ignition
26 interlock licenses following driver license or driving
27 privilege suspension; providing requirements for such
28 licenses; providing that a driver who obtains an
29 ignition interlock license during a period of
30 revocation shall receive credit on a day-for-day basis
31 for the period the person holds a valid ignition
32 interlock license toward any mandatory period of
33 ignition interlock device-restricted use arising from
34 the same incident; providing for ignition interlock
35 licenses for persons whose driver license or driving
36 privilege has been permanently revoked; providing
37 requirements for such licenses; amending s. 322.271,
38 F.S.; deleting provisions providing for petitions for
39 reinstatement of a driving privilege in certain
40 circumstances following a revocation for a period of 5
41 years or less under specified provisions; amending s.
42 322.2715, F.S.; revising requirements for installation
43 of ignition interlock devices as a condition of
44 issuance of a permanent or restricted license for
45 persons convicted of driving under the influence;
46 requiring that the ignition interlock device
47 restriction remain in effect until the Department of
48 Highway Safety and Motor Vehicles receives a
49 declaration from the person’s ignition interlock
50 device vendor certifying that certain incidents did
51 not occur during a specified period; providing an
52 effective date.
53
54 WHEREAS, ignition interlocks are devices that can be
55 installed in motor vehicles to prevent operation of the vehicle
56 by a driver who has a blood alcohol concentration (BAC) above a
57 specified level, and
58 WHEREAS, strong research evidence establishes the
59 effectiveness of ignition interlocks in reducing the number of
60 people previously convicted of alcohol-impaired driving from
61 reoffending and being rearrested, and
62 WHEREAS, more widespread and sustained use of ignition
63 interlocks by those previously convicted of alcohol-impaired
64 driving could result in the significant reduction in alcohol
65 related vehicle crashes and save lives, NOW, THEREFORE,
66
67 Be It Enacted by the Legislature of the State of Florida:
68
69 Section 1. Subsections (1), (2), and (4) of section
70 316.193, Florida Statutes, are amended to read:
71 316.193 Driving under the influence; penalties.—
72 (1) A person commits is guilty of the offense of driving
73 under the influence and is subject to punishment as provided in
74 subsection (2) if the person is driving or in actual physical
75 control of a vehicle within this state and:
76 (a) The person is under the influence of alcoholic
77 beverages, any chemical substance set forth in s. 877.111, or
78 any substance controlled under chapter 893, when affected to the
79 extent that the person’s normal faculties are impaired;
80 (b) The person has a blood-alcohol level of 0.08 or more
81 grams of alcohol per 100 milliliters of blood; or
82 (c) The person has a breath-alcohol level of 0.08 or more
83 grams of alcohol per 210 liters of breath.
84 (2)(a) Except as provided in paragraph (b), subsection (3),
85 or subsection (4), any person who is convicted of a violation of
86 subsection (1) shall be punished:
87 1. By a fine of:
88 a. At least Not less than $500 but not or more than $1,000
89 for a first conviction.
90 b. At least Not less than $1,000 but not or more than
91 $2,000 for a second conviction; and
92 2. By imprisonment for:
93 a. Not more than 6 months for a first conviction.
94 b. Not more than 9 months for a second conviction.
95 3. For a second conviction, By mandatory placement for the
96 following a period of at least 1 year, at the convicted person’s
97 sole expense, of an ignition interlock device approved by the
98 department in accordance with s. 316.1938 upon all vehicles that
99 are individually or jointly leased or owned or and routinely
100 operated by the convicted person, when the convicted person
101 qualifies for a permanent or restricted license:
102 a.(I) Except as provided in sub-sub-subparagraph (II), for
103 a first conviction at least 6 months; or
104 (II) For a first conviction in which the convicted person
105 had a blood-alcohol level or breath-alcohol level of 0.15 or
106 higher, or the convicted person at the time of the offense was
107 accompanied in the vehicle by a person younger than 18 years of
108 age, for at least 6 continuous months;
109 b.(I) Except as provided in sub-sub-subparagraph (II), for
110 a second conviction at least 1 year; or
111 (II) For a second conviction in which the convicted person
112 had a blood-alcohol level or breath-alcohol level of 0.15 or
113 higher, or the convicted person at the time of the offense was
114 accompanied in the vehicle by a person younger than 18 years of
115 age, for at least 2 continuous years; or
116 c. For a third conviction, for at least 2 years. The
117 installation of such device may not occur before July 1, 2003.
118 (b)1. Any person who is convicted of a third violation of
119 this section for an offense that occurs within 10 years after a
120 prior conviction for a violation of this section commits a
121 felony of the third degree, punishable as provided in s.
122 775.082, s. 775.083, or s. 775.084. In addition, the court shall
123 order the mandatory placement for a period of not less than 2
124 years, at the convicted person’s sole expense, of an ignition
125 interlock device approved by the department in accordance with
126 s. 316.1938 upon all vehicles that are individually or jointly
127 leased or owned and routinely operated by the convicted person,
128 when the convicted person qualifies for a permanent or
129 restricted license. The installation of such device may not
130 occur before July 1, 2003.
131 2. Any person who is convicted of a third violation of this
132 section for an offense that occurs more than 10 years after the
133 date of a prior conviction for a violation of this section shall
134 be punished by a fine of at least not less than $2,000 but not
135 or more than $5,000 and by imprisonment for not more than 12
136 months. In addition, the court shall order the mandatory
137 placement for a period of at least 2 years, at the convicted
138 person’s sole expense, of an ignition interlock device approved
139 by the department in accordance with s. 316.1938 upon all
140 vehicles that are individually or jointly leased or owned and
141 routinely operated by the convicted person, when the convicted
142 person qualifies for a permanent or restricted license. The
143 installation of such device may not occur before July 1, 2003.
144 3. Any person who is convicted of a fourth or subsequent
145 violation of this section, regardless of when any prior
146 conviction for a violation of this section occurred, commits a
147 felony of the third degree, punishable as provided in s.
148 775.082, s. 775.083, or s. 775.084. However, the fine imposed
149 for such fourth or subsequent violation must may be at least not
150 less than $2,000.
151 (4) Any person who is convicted of a violation of
152 subsection (1) and who has a blood-alcohol level or breath
153 alcohol level of 0.15 or higher, or any person who is convicted
154 of a violation of subsection (1) and who at the time of the
155 offense was accompanied in the vehicle by a person under the age
156 of 18 years, shall be punished:
157 (a) By a fine of:
158 1. At least Not less than $1,000 but not or more than
159 $2,000 for a first conviction.
160 2. At least Not less than $2,000 but not or more than
161 $4,000 for a second conviction.
162 3. At least Not less than $4,000 for a third or subsequent
163 conviction.
164 (b) By imprisonment for:
165 1. Not more than 9 months for a first conviction.
166 2. Not more than 12 months for a second conviction.
167
168 For the purposes of this subsection, only the instant offense is
169 required to be a violation of subsection (1) by a person who has
170 a blood-alcohol level or breath-alcohol level of 0.15 or higher.
171 (c) In addition to the penalties in paragraphs (a) and (b),
172 the court shall order the mandatory placement, at the convicted
173 person’s sole expense, of an ignition interlock device approved
174 by the department in accordance with s. 316.1938 upon all
175 vehicles that are individually or jointly leased or owned and
176 routinely operated by the convicted person for not less than 6
177 continuous months for the first offense and for not less than 2
178 continuous years for a second offense, when the convicted person
179 qualifies for a permanent or restricted license.
180 Section 2. Subsection (1), paragraphs (a) and (d) of
181 subsection (6), and subsection (7) of section 316.1937, Florida
182 Statutes, are amended to read:
183 316.1937 Ignition interlock devices, requiring; unlawful
184 acts.—
185 (1) In addition to any other authorized penalties, the
186 court may require that any person who is convicted of driving
187 under the influence in violation of s. 316.193 may shall not
188 operate a motor vehicle unless that vehicle is equipped with a
189 functioning ignition interlock device certified by the
190 department as provided in s. 316.1938, and installed in such a
191 manner that the vehicle will not start if the operator’s blood
192 alcohol level is in excess of 0.025 0.05 percent or as otherwise
193 specified by the court. The court may require the use of an
194 approved ignition interlock device for a period of not less than
195 6 continuous months, if the person is permitted to operate a
196 motor vehicle, whether or not the privilege to operate a motor
197 vehicle is restricted, as determined by the court. The court,
198 however, shall order placement of an ignition interlock device
199 in those circumstances required by s. 316.193.
200 (6)(a) It is unlawful to tamper with, or to circumvent the
201 operation of, an a court-ordered ignition interlock device for
202 the purpose of providing the person so restricted with an
203 operable motor vehicle.
204 (d) It is unlawful to knowingly lease or lend a motor
205 vehicle to a person who has had his or her driving privilege
206 restricted as provided in this section, unless the vehicle is
207 equipped with a functioning, certified ignition interlock
208 device. Any person whose driving privilege is restricted under a
209 condition of probation requiring an ignition interlock device
210 shall notify any other person who leases or loans a motor
211 vehicle to him or her of such driving restriction.
212 (7) Notwithstanding the provisions of this section, if a
213 person is required to operate a motor vehicle in the course and
214 scope of his or her employment and if the vehicle is owned or
215 leased by the employer, the person may operate that vehicle
216 without installation of an approved ignition interlock device if
217 the department has received notification in a form acceptable to
218 the department that the employer has been notified of the such
219 driving privilege restriction before the restricted person
220 operates the vehicle and if proof of that notification is with
221 the vehicle. This employment exemption does not apply, however,
222 if the business entity which owns or leases the vehicle is owned
223 or controlled by the person whose driving privilege has been
224 restricted.
225 Section 3. Subsection (7) of section 322.25, Florida
226 Statutes, is amended to read:
227 322.25 When court to forward license to department and
228 report convictions; temporary reinstatement of driving
229 privileges.—
230 (7) Any licensed driver convicted of driving, or being in
231 the actual physical control of, a vehicle within this state
232 while under the influence of alcoholic beverages in violation of
233 s. 316.193, any chemical substance set forth in s. 877.111, or
234 any substance controlled under chapter 893, when affected to the
235 extent that his or her normal faculties are impaired, and whose
236 license and driving privilege have been revoked as provided in
237 subsection (1) may be issued a court order for reinstatement of
238 a driving privilege on a temporary basis; provided that, as a
239 part of the penalty, upon conviction, the defendant is required
240 to enroll in and complete a driver improvement course for the
241 rehabilitation of drinking drivers and the driver is otherwise
242 eligible for reinstatement of the driving privilege as provided
243 by s. 322.282. The court order for reinstatement shall require
244 that the person operate only a motor vehicle equipped with a
245 functioning ignition interlock device, and the person must
246 provide proof to the satisfaction of the department be on a form
247 provided by the department that a functioning ignition interlock
248 device has been installed on one or more vehicles to be operated
249 by the person, and the form must be taken by the person
250 convicted to a Florida driver driver’s license examining office,
251 where a temporary driving permit may be issued. The period of
252 time for which a temporary permit issued in accordance with this
253 subsection is valid shall be deemed to be part of the period of
254 revocation imposed by the court.
255 Section 4. Subsection (10) of section 322.2615, Florida
256 Statutes, is amended to read:
257 322.2615 Suspension of license; right to review.—
258 (10) A person whose driver driver’s license is suspended
259 under subsection (1) or subsection (3) may apply for issuance of
260 a license for business or employment purposes only if the person
261 is otherwise eligible for the driving privilege pursuant to s.
262 322.271.
263 (a) If the suspension of the driver driver’s license of the
264 person for failure to submit to a breath, urine, or blood test
265 is sustained, and the person is otherwise not eligible, the
266 person may apply for an ignition interlock license upon proof of
267 enrollment in and subject to the successful completion of a
268 department-approved driver training or substance abuse education
269 course to receive a license for business or employment purposes
270 only, pursuant to s. 322.271, until 90 days have elapsed after
271 the expiration of the last temporary permit issued. If the
272 driver is not issued a 10-day permit pursuant to this section or
273 s. 322.64 because he or she is ineligible for the permit and the
274 suspension for failure to submit to a breath, urine, or blood
275 test is not invalidated by the department, the driver is not
276 eligible to receive a business or employment license pursuant to
277 s. 322.271 until 90 days have elapsed from the date of the
278 suspension.
279 (b) If the suspension of the driver driver’s license of the
280 person relating to unlawful blood-alcohol level or breath
281 alcohol level of 0.08 or higher is sustained, and the person is
282 otherwise not eligible, the person may apply for an ignition
283 interlock license upon proof of enrollment in and subject to
284 enrollment in and the successful completion of a department
285 approved driver training or substance abuse education course to
286 receive a license for business or employment purposes only
287 pursuant to s. 322.271 until 30 days have elapsed after the
288 expiration of the last temporary permit issued. If the driver is
289 not issued a 10-day permit pursuant to this section or s. 322.64
290 because he or she is ineligible for the permit and the
291 suspension relating to unlawful blood-alcohol level or breath
292 alcohol level of 0.08 or higher is not invalidated by the
293 department, the driver is not eligible to receive a business or
294 employment license pursuant to s. 322.271 until 30 days have
295 elapsed from the date of the suspension.
296 Section 5. Subsections (2) and (4) of section 322.28,
297 Florida Statutes, are amended to read:
298 322.28 Period of suspension or revocation.—
299 (2) In a prosecution for a violation of s. 316.193 or
300 former s. 316.1931, the following provisions apply:
301 (a) Upon conviction of the driver, the court, along with
302 imposing sentence, shall revoke the driver driver’s license or
303 driving privilege of the person so convicted, effective on the
304 date of conviction, and shall prescribe the period of such
305 revocation in accordance with the following provisions:
306 1. Upon a first conviction for a violation of the
307 provisions of s. 316.193, except a violation resulting in death,
308 the driver driver’s license or driving privilege shall be
309 revoked for at least not less than 180 days but not or more than
310 1 year. Any time after the driver license or driving privilege
311 has been revoked and the convicted person has proof of
312 enrollment in and subject to the successful completion of a
313 department-approved driver training or substance abuse education
314 course, the convicted person may obtain an ignition interlock
315 license restricting the convicted person to operating only motor
316 vehicles equipped with a functioning ignition interlock device
317 certified by the department as provided in s. 316.1938. Further,
318 the convicted person shall have installed, at the convicted
319 person’s sole expense, an ignition interlock device approved by
320 the department in accordance with s. 316.1938 upon all vehicles
321 owned or operated by the convicted person.
322 2. Upon a second conviction for an offense that occurs
323 within a period of 5 years after the date of a prior conviction
324 for a violation of the provisions of s. 316.193 or former s.
325 316.1931 or a combination of such sections, the driver driver’s
326 license or driving privilege shall be revoked for at least not
327 less than 5 years. Any time after the driver license or driving
328 privilege has been revoked and the convicted person has proof of
329 enrollment in and subject to successful completion of a
330 department-approved driver training or substance abuse education
331 course, the convicted person may obtain an ignition interlock
332 license restricting the convicted person to operating only motor
333 vehicles equipped with a functioning ignition interlock device
334 certified by the department as provided in s. 316.1938. Further,
335 the convicted person shall have installed, at the convicted
336 person’s sole expense, an ignition interlock device approved by
337 the department in accordance with s. 316.1938 upon all vehicles
338 owned or operated by the convicted person.
339 3. Upon a third conviction for an offense that occurs
340 within a period of 10 years after the date of a prior conviction
341 for the violation of the provisions of s. 316.193 or former s.
342 316.1931 or a combination of such sections, the driver driver’s
343 license or driving privilege shall be revoked for at least not
344 less than 10 years. Any time after the driver license or driving
345 privilege has been revoked and the convicted person has proof of
346 enrollment in and subject to the successful completion of a
347 department-approved driver training or substance abuse education
348 course, the convicted person may obtain an ignition interlock
349 license restricting the convicted person to operating only motor
350 vehicles equipped with a functioning ignition interlock device
351 certified by the department as provided in s. 316.1938. Further,
352 the convicted person shall have installed, at the convicted
353 person’s sole expense, an ignition interlock device approved by
354 the department in accordance with s. 316.1938 upon all vehicles
355 owned or operated by the convicted person.
356 4. A driver who obtains an ignition interlock license
357 during the period of revocation under subparagraph 1.,
358 subparagraph 2., or subparagraph 3. shall receive credit on a
359 day-for-day basis for the period the person holds a valid
360 ignition interlock license toward any mandatory period of
361 ignition interlock device-restricted use arising from the same
362 incident.
363
364 For the purposes of this paragraph, a previous conviction
365 outside this state for driving under the influence, driving
366 while intoxicated, driving with an unlawful blood-alcohol level,
367 or any other alcohol-related or drug-related traffic offense
368 similar to the offense of driving under the influence as
369 proscribed by s. 316.193 will be considered a previous
370 conviction for violation of s. 316.193, and a conviction for
371 violation of former s. 316.028, former s. 316.1931, or former s.
372 860.01 is considered a conviction for violation of s. 316.193.
373 (b) If the period of revocation was not specified by the
374 court at the time of imposing sentence or within 30 days
375 thereafter, and is not otherwise specified by law, the
376 department shall forthwith revoke the driver driver’s license or
377 driving privilege for the maximum period applicable under
378 paragraph (a) for a first conviction and for the minimum period
379 applicable under paragraph (a) for any subsequent convictions.
380 The driver may, within 30 days after such revocation by the
381 department, petition the court for further hearing on the period
382 of revocation, and the court may reopen the case and determine
383 the period of revocation within the limits specified in
384 paragraph (a).
385 (c) The forfeiture of bail bond, not vacated within 20
386 days, in any prosecution for the offense of driving while under
387 the influence of alcoholic beverages, chemical substances, or
388 controlled substances to the extent of depriving the defendant
389 of his or her normal faculties shall be deemed equivalent to a
390 conviction for the purposes of this paragraph, and the
391 department shall forthwith revoke the defendant’s driver
392 driver’s license or driving privilege for the maximum period
393 applicable under paragraph (a) for a first conviction and for
394 the minimum period applicable under paragraph (a) for a second
395 or subsequent conviction; however, if the defendant is later
396 convicted of the charge, the period of revocation imposed by the
397 department for such conviction may shall not exceed the
398 difference between the applicable maximum for a first conviction
399 or minimum for a second or subsequent conviction and the
400 revocation period under this subsection that has actually
401 elapsed; upon conviction of such charge, the court may impose
402 revocation for a period of time as specified in paragraph (a).
403 This paragraph does not apply if an appropriate motion
404 contesting the forfeiture is filed within the 20-day period.
405 (d) When any driver driver’s license or driving privilege
406 has been revoked pursuant to the provisions of this section, the
407 department may shall not grant a new license, except upon
408 reexamination of the licensee after the expiration of the period
409 of revocation so prescribed. However, the court may, in its
410 sound discretion, issue an order of reinstatement on a form
411 furnished by the department which the person may take to any
412 driver driver’s license examining office for reinstatement by
413 the department pursuant to s. 322.282.
414 (e) The court shall permanently revoke the driver driver’s
415 license or driving privilege of a person who has been convicted
416 four times for violation of s. 316.193 or former s. 316.1931 or
417 a combination of such sections. The court shall permanently
418 revoke the driver driver’s license or driving privilege of any
419 person who has been convicted of DUI manslaughter in violation
420 of s. 316.193. If the court has not permanently revoked such
421 driver driver’s license or driving privilege within 30 days
422 after imposing sentence, the department shall permanently revoke
423 the driver driver’s license or driving privilege pursuant to
424 this paragraph. A driver No driver’s license or driving
425 privilege may be issued or granted to any such person during the
426 remainder of the person’s lifetime must require the person to
427 operate only motor vehicles equipped with a functioning ignition
428 interlock device. For the safety of the public, any time after
429 the driver license or driving privilege has been revoked and the
430 convicted person has proof of enrollment in and subject to the
431 successful completion of a department-approved driver training
432 or substance abuse education course, the convicted person may
433 obtain an ignition interlock license restricting the convicted
434 person to operating only motor vehicles equipped with a
435 functioning ignition interlock device certified by the
436 department as provided in s. 316.1938. Further, the convicted
437 person shall have installed, at the convicted person’s sole
438 expense, an ignition interlock device approved by the department
439 in accordance with s. 316.1938 upon all vehicles owned or
440 operated by the convicted person. This paragraph applies only if
441 at least one of the convictions for violation of s. 316.193 or
442 former s. 316.1931 was for a violation that occurred after July
443 1, 1982. For the purposes of this paragraph, a conviction for
444 violation of former s. 316.028, former s. 316.1931, or former s.
445 860.01 is also considered a conviction for violation of s.
446 316.193. Also, a conviction of driving under the influence,
447 driving while intoxicated, driving with an unlawful blood
448 alcohol level, or any other similar alcohol-related or drug
449 related traffic offense outside this state is considered a
450 conviction for the purposes of this paragraph.
451 (4)(a) Upon a conviction for a violation of s.
452 316.193(3)(c)2., involving serious bodily injury, a conviction
453 of manslaughter resulting from the operation of a motor vehicle,
454 or a conviction of vehicular homicide, the court shall revoke
455 the driver driver’s license of the person convicted for a
456 minimum period of 3 years. If a conviction under s.
457 316.193(3)(c)2., involving serious bodily injury, is also a
458 subsequent conviction as described under paragraph (2)(a), the
459 court shall revoke the driver driver’s license or driving
460 privilege of the person convicted for the period applicable as
461 provided in paragraph (2)(a) or paragraph (2)(e). Any time after
462 the driver license or driving privilege has been revoked and the
463 convicted person has proof of enrollment in and subject to the
464 successful completion of a department-approved driver training
465 or substance abuse education course, the convicted person may
466 obtain an ignition interlock license restricting the convicted
467 person to operating only motor vehicles equipped with a
468 functioning ignition interlock device certified by the
469 department as provided in s. 316.1938. Further, the convicted
470 person shall have installed, at the convicted person’s sole
471 expense, an ignition interlock device approved by the department
472 in accordance with s. 316.1938 upon all vehicles owned or
473 operated by the convicted person.
474 (b) If the period of revocation was not specified by the
475 court at the time of imposing sentence or within 30 days
476 thereafter, the department shall revoke the driver driver’s
477 license for the minimum period applicable under paragraph (a)
478 or, for a subsequent conviction, for the minimum period
479 applicable under paragraph (2)(a) or paragraph (2)(e).
480 Section 6. Paragraphs (a), (c), (d), and (e) of subsection
481 (2) of section 322.271, Florida Statutes, are amended to read:
482 322.271 Authority to modify revocation, cancellation, or
483 suspension order.—
484 (2) At such hearing, the person whose license has been
485 suspended, canceled, or revoked may show that such suspension,
486 cancellation, or revocation causes a serious hardship and
487 precludes the person from carrying out his or her normal
488 business occupation, trade, or employment and that the use of
489 the person’s license in the normal course of his or her business
490 is necessary to the proper support of the person or his or her
491 family.
492 (a) Except as otherwise provided in this subsection, the
493 department shall require proof of the successful completion of
494 the applicable department-approved driver training course
495 operating pursuant to s. 318.1451 or DUI program substance abuse
496 education course and evaluation as provided in s. 316.193(5).
497 Letters of recommendation from respected business persons in the
498 community, law enforcement officers, or judicial officers may
499 also be required to determine whether the person should be
500 permitted to operate a motor vehicle on a restricted basis for
501 business or employment use only and in determining whether such
502 person can be trusted to so operate a motor vehicle. If a driver
503 driver’s license has been suspended under the point system or
504 under s. 322.2615, the department shall require proof of
505 enrollment in the applicable department-approved driver training
506 course or licensed DUI program substance abuse education course,
507 including evaluation and treatment, if referred, and may require
508 letters of recommendation described in this paragraph to
509 determine if the driver should be reinstated on a restricted
510 basis. If the person fails to complete the approved course
511 within 90 days after reinstatement or subsequently fails to
512 complete treatment, the department shall cancel his or her
513 driver driver’s license until the course and treatment, if
514 applicable, is successfully completed, notwithstanding the terms
515 of the court order or any suspension or revocation of the
516 driving privilege. The department may temporarily reinstate the
517 driving privilege on a restricted basis upon verification from
518 the DUI program that the offender has reentered and is currently
519 participating in treatment and has completed the DUI education
520 course and evaluation requirement. If the DUI program notifies
521 the department of the second failure to complete treatment, the
522 department shall reinstate the driving privilege only after
523 notice of completion of treatment from the DUI program. The
524 privilege of driving on a limited or restricted basis for
525 business or employment use may not be granted to a person who
526 has been convicted of a violation of s. 316.193 until completion
527 of the DUI program substance abuse education course and
528 evaluations as provided in s. 316.193(5). Except as provided in
529 paragraph (c), The privilege of driving on a limited or
530 restricted basis for business or employment use may not be
531 granted to a person whose license is revoked pursuant to s.
532 322.28 or suspended pursuant to s. 322.2615 and who has been
533 convicted of a violation of s. 316.193 two or more times or
534 whose license has been suspended two or more times for refusal
535 to submit to a test pursuant to s. 322.2615 or former s.
536 322.261.
537 (c) A person whose license has been revoked for a period of
538 5 years or less pursuant to s. 322.28(2)(a) may, 12 months after
539 the date the revocation was imposed, petition the department for
540 reinstatement of his or her driving privilege on a restricted
541 basis. A person whose license has been revoked for more than 5
542 years under s. 322.28(2)(a) may, 24 months after the date the
543 revocation was imposed, petition the department for
544 reinstatement of his or her driving privilege on a restricted
545 basis. Reinstatement under this subsection is restricted to
546 business or employment purposes only. In addition, the
547 department shall require such persons upon reinstatement to have
548 not driven and to have been drug free for at least 12 months
549 immediately before the reinstatement, to be supervised by a DUI
550 program licensed by the department, and to report to the program
551 at least three times a year as required by the program for the
552 duration of the revocation period for supervision. Such
553 supervision includes evaluation, education, referral into
554 treatment, and other activities required by the department. Such
555 persons shall assume reasonable costs of supervision. If the
556 person fails to comply with the required supervision, the
557 program shall report the failure to the department, and the
558 department shall cancel the person’s driving privilege. This
559 paragraph does not apply to any person whose driving privilege
560 has been permanently revoked.
561 (c)(d) For the purpose of this section, a previous
562 conviction of driving under the influence, driving while
563 intoxicated, driving with an unlawful blood-alcohol level, or
564 any other similar alcohol-related or drug-related offense
565 outside this state or a previous conviction of former s.
566 316.1931, former s. 316.028, or former s. 860.01 is considered a
567 previous conviction for violation of s. 316.193.
568 (d)(e) The department, based upon review of the licensee’s
569 application for reinstatement, may require use of an ignition
570 interlock device pursuant to s. 322.2715.
571 Section 7. Subsections (1) and (3) of section 322.2715,
572 Florida Statutes, are amended, subsection (5) is renumbered as
573 subsection (6), and a new subsection (5) is added to that
574 section, to read:
575 322.2715 Ignition interlock device.—
576 (1) Before issuing a permanent or restricted driver
577 driver’s license under this chapter, the department shall
578 require the placement of a department-approved ignition
579 interlock device for any person convicted of committing an
580 offense of driving under the influence as specified in
581 subsection (3), except that consideration may be given to those
582 individuals having a documented medical condition that would
583 prohibit the device from functioning normally. An interlock
584 device shall be placed on all vehicles that are individually or
585 jointly leased or owned or and routinely operated by the
586 convicted person.
587 (3) If the person is convicted of:
588 (a)1. A first offense of driving under the influence under
589 s. 316.193, except as provided in subparagraph 2., the person
590 shall have the ignition interlock device installed for at least
591 6 months; or
592 2. A first offense of driving under the influence under s.
593 316.193 for which offense the person had and has an unlawful
594 blood-alcohol level or breath-alcohol level as specified in s.
595 316.193(4), or if the a person is convicted of a violation of s.
596 316.193 and was at the time of the offense accompanied in the
597 vehicle by a person younger than 18 years of age, the person
598 shall have the ignition interlock device installed for at least
599 not less than 6 continuous months for the first offense and for
600 not less than 2 continuous years for a second offense.
601 (b)1. A second offense of driving under the influence under
602 s. 316.193, except as provided in subparagraph 2., the ignition
603 interlock device shall be installed for a period of at least not
604 less than 1 continuous year; or.
605 2. A second offense of driving under the influence under s.
606 316.193 for which offense the person had an unlawful blood
607 alcohol level or breath-alcohol level as specified in s.
608 316.193(4), or if the person was at the time of the offense
609 accompanied in the vehicle by a person younger than 18 years of
610 age, the person shall have the ignition interlock device
611 installed for at least 2 continuous years.
612 (c) A third offense of driving under the influence which
613 occurs within 10 years after a prior conviction for a violation
614 of s. 316.193, the ignition interlock device shall be installed
615 for a period of at least not less than 2 continuous years.
616 (d) A third offense of driving under the influence which
617 occurs more than 10 years after the date of a prior conviction,
618 the ignition interlock device shall be installed for a period of
619 not less than 2 continuous years.
620 (d)(e) A fourth or subsequent offense of driving under the
621 influence, the ignition interlock device shall be installed for
622 a period of at least not less than 5 years.
623 (5) An ignition interlock device restriction imposed under
624 subsection (3) or subsection (4) shall remain in effect until
625 the department receives a declaration from the person’s ignition
626 interlock device vendor, in a form provided or approved by the
627 department, certifying that none of the following incidents have
628 occurred during the 4 consecutive months before the date of the
629 declaration:
630 (a) Any attempt to start the vehicle with a breath-alcohol
631 level of 0.04 or more unless a subsequent test performed within
632 10 minutes registers a breath-alcohol level lower than 0.04.
633 (b) Failure to take any random retest unless a review of
634 the digital image confirms that the vehicle was not occupied by
635 the driver at the time of the missed retest.
636 (c) Failure to pass any random retest with a breath-alcohol
637 level of 0.025 or lower unless a subsequent test performed
638 within 10 minutes registers a breath-alcohol level lower than
639 0.025.
640 (d) Failure of the person to appear at the ignition
641 interlock device vendor when required for maintenance, repair,
642 calibration, monitoring, inspection, or replacement of the
643 device.
644 Section 8. This act shall take effect October 1, 2013.