Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 1394
Ì119230qÎ119230
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/27/2016 .
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The Committee on Transportation (Simpson) recommended the
following:
1 Senate Substitute for Amendment (512206) (with title
2 amendment)
3
4 Between lines 362 and 363
5 insert:
6 Section 13. Subsections (1), (3), and (4) of section
7 322.2715, Florida Statutes, are amended to read:
8 322.2715 Ignition interlock device.—
9 (1) Before issuing a permanent or restricted driver license
10 under this chapter, the department shall require the placement
11 of a department-approved ignition interlock device for any
12 person convicted of committing an offense of driving under the
13 influence as specified in subsection (3), except that
14 consideration may be given to those individuals having a
15 documented medical condition that would prohibit the device from
16 functioning normally. If a medical waiver has been granted for a
17 convicted person seeking a restricted license, the convicted
18 person shall not be entitled to a restricted license until the
19 required ignition interlock device installation period under
20 subsection (3) expires, in addition to the time requirements
21 under s. 322.271. If a medical waiver has been approved for a
22 convicted person seeking permanent reinstatement of the driver
23 license, the convicted person must be restricted to an
24 employment-purposes-only license and be supervised by a licensed
25 DUI program until the required ignition interlock device
26 installation period under subsection (3) expires. An interlock
27 device shall be placed on all vehicles that are individually or
28 jointly leased or owned and routinely operated by the convicted
29 person. Effective October 1, 2016, a qualified sobriety and drug
30 monitoring program as defined in s. 316.193(15) and authorized
31 by 23 U.S.C. s. 164 shall be used by the department in addition
32 to the placement of an ignition interlock device required by
33 this section.
34 (3) If the person is convicted of:
35 (a) A first offense of driving under the influence under s.
36 316.193 and has an unlawful blood-alcohol level or breath
37 alcohol level as specified in s. 316.193(1), the ignition
38 interlock device may be installed for at least 6 continuous
39 months.
40 (b) A first offense of driving under the influence under s.
41 316.193 and has an unlawful blood-alcohol level or breath
42 alcohol level as specified in s. 316.193(4), or if a person is
43 convicted of a violation of s. 316.193 and was at the time of
44 the offense accompanied in the vehicle by a person younger than
45 18 years of age, the person shall have the ignition interlock
46 device installed for at least 6 continuous months for the first
47 offense and for at least 2 continuous years for a second
48 offense.
49 (c) A second offense of driving under the influence, the
50 ignition interlock device shall be installed for a period of at
51 least 1 continuous year.
52 (d) A third offense of driving under the influence which
53 occurs within 10 years after a prior conviction for a violation
54 of s. 316.193, the ignition interlock device shall be installed
55 for a period of at least 2 continuous years.
56 (e) A third offense of driving under the influence which
57 occurs more than 10 years after the date of a prior conviction,
58 the ignition interlock device shall be installed for a period of
59 at least 2 continuous years.
60 (f) A fourth or subsequent offense of driving under the
61 influence, the ignition interlock device shall be installed for
62 a period of at least 5 years.
63
64 Effective October 1, 2016, for the offenses specified in this
65 subsection, a qualified sobriety and drug monitoring program as
66 defined in s. 316.193(15) and authorized by 23 U.S.C. s. 164
67 shall be used by the department in addition to the placement of
68 an ignition interlock device required by this section.
69 (4) If the court fails to order the mandatory placement of
70 the ignition interlock device or fails to order for the
71 applicable period the mandatory placement of an ignition
72 interlock device under s. 316.193 or s. 316.1937 at the time of
73 imposing sentence or within 30 days thereafter, the department
74 shall immediately require that the ignition interlock device be
75 installed as provided in this section, except that consideration
76 may be given to those individuals having a documented medical
77 condition that would prohibit the device from functioning
78 normally. Effective October 1, 2016, a qualified sobriety and
79 drug monitoring program as defined in s. 316.193(15) and
80 authorized by 23 U.S.C. s. 164 shall be used by the department
81 in addition to the placement of an ignition interlock device
82 required by this section. This subsection applies to the
83 reinstatement of the driving privilege following a revocation,
84 suspension, or cancellation that is based upon a conviction for
85 the offense of driving under the influence which occurs on or
86 after July 1, 2005.
87 ================= T I T L E A M E N D M E N T ================
88 And the title is amended as follows:
89 Delete line 53
90 and insert:
91 mental condition; amending s. 322.2715, F.S.;
92 providing that a certain qualified sobriety and drug
93 monitoring program shall be used by the department on
94 or after a specified date in addition to the placement
95 of an ignition interlock device; providing an
96 effective date.