Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 7005, 2nd Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             05/01/2014 02:16 PM       .                                

       Senator Latvala moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 522 - 597
    4  and insert:
    5  been certified and who has been selected to provide service
    6  pursuant to a competitive solicitation process under s. 287.057.
    7         (4)(3) The contract between the department and an ignition
    8  interlock device service provider must include the following:
    9  shall design and adopt by rule
   10         (a) Provisions for the effective and efficient installation
   11  and removal of the ignition interlock device.
   12         (b) Requirements for the provision of services, inspection,
   13  and monitoring of the ignition interlock device.
   14         (c) A requirement for the provider to electronically
   15  transmit reports to the department regarding driver activity,
   16  bypass approval, compliance, client violations, and other
   17  reports in a format determined by the department.
   18         (d) Requirements for a detailed implementation plan that
   19  outlines the steps and the timeframe necessary for the ignition
   20  interlock device provider to be fully operational.
   21         (e) Provisions for the collection and remittance of all
   22  state revenues.
   23         (f) Provisions for corrective action to be taken if the
   24  ignition interlock device provider is out of compliance,
   25  including penalty provisions and liquidated damages.
   26         (g) Requirements for security protection for ignition
   27  interlock devices, including, but not limited to, each device
   28  being capable of recording each event and providing visual
   29  evidence of any actual or attempted tampering, alteration,
   30  bypass, or circumvention.
   31         (h) A provision to ensure processing and continuous
   32  monitoring are achieved for all ignition interlock device
   33  clients who require transition of services.
   34         (i) Provisions for training for service center technicians,
   35  clients, toll-free help line staff, the department, and DUI
   36  programs.
   37         (j) A requirement for the ignition interlock device
   38  provider to maintain a readily accessible service center in each
   39  judicial circuit. The service center must be adequately staffed
   40  and equipped to provide all ignition interlock device support
   41  services.
   42         (k) Requirements for a transition plan for the ignition
   43  interlock device provider before the provider leaves the state
   44  to ensure that continuous monitoring is achieved.
   45         (l) A requirement for the ignition interlock device
   46  provider to have and maintain a surety bond or irrevocable
   47  letter of credit in the amount of $200,000 executed by the
   48  applicant.
   49         (m) A requirement that, before beginning work, the ignition
   50  interlock device provider have and maintain insurance as
   51  approved by the department, including workers’ compensation
   52  insurance, vendor’s public liability and property damage
   53  insurance, and subcontractors’ public liability and property
   54  damage insurance.
   55         (n) Requirements for the ignition interlock device provider
   56  to maintain client information and financial records, including
   57  requirements for electronic storage media formats. Such records
   58  must be maintained in accordance with generally accepted
   59  accounting procedures and practices that sufficiently and
   60  properly reflect all revenues and expenditures of funds. Such
   61  records are subject to inspection, review, or audit by state
   62  personnel authorized by the department. Upon termination or
   63  expiration of the contract, all such client records shall be
   64  submitted to the department at no cost to the department.
   65         (o) A requirement for a warning label to which shall be
   66  affixed to each ignition interlock device upon installation. The
   67  label must shall contain a warning that any person who tampers
   68  with, circumvents, tampering, circumventing, or otherwise
   69  misuses misusing the device commits is guilty of a violation of
   70  law and may be subject to civil liability.
   71         (p) A provision requiring the provider to replace defective
   72  ignition interlock devices at no cost to the client.
   73         (5) An ignition interlock device provider must maintain the
   74  confidentiality of all personal information received under its
   75  duties as an ignition interlock device provider in accordance
   76  with chapter 119 and the federal Driver’s Privacy Protection Act
   77  of 1994, 18 U.S.C. ss. 2721 et seq.
   79  ================= T I T L E  A M E N D M E N T ================
   80  And the title is amended as follows:
   81         Delete lines 42 - 43
   82  and insert:
   83         under specified provisions; amending s. 316.1975,
   84         F.S.;