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A bill to be entitled

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An act relating to driving under the influence; providing

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a short title; amending s. 316.193, F.S.; requiring that

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ignition interlock devices be used for a specified period

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after a first conviction of certain offenses; revising

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provisions relating to the period for which an ignition

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interlock device may be required for a second conviction

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of certain offenses; amending s. 322.21, F.S.; requiring a

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service fee for ignition interlock devices; requiring that

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the service fee be deposited into the DUI Programs

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Coordination Trust Fund; amending s. 322.2715, F.S.;

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requiring that ignition interlock devices be set to

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prevent the vehicle from starting if the operator's blood-

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alcohol level exceeds a specified amount; revising the

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time that ignition interlock devices must be used after a

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first conviction of certain offenses; providing an

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effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. This act may be cited as the "Grace Redgate

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Act."

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     Section 2.  Subsection (2) and paragraph (c) of subsection

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(4) of section 316.193, Florida Statutes, are amended to read:

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     316.193  Driving under the influence; penalties.--

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     (2)(a)  Except as provided in paragraph (b), subsection (3),

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or subsection (4), any person who is convicted of a violation of

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subsection (1) shall be punished:

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     1.  By a fine of:

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     a.  Not less than $250 or more than $500 for a first

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conviction; or.

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     b.  Not less than $500 or more than $1,000 for a second

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conviction; and

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     2.  By imprisonment for:

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     a. Not more than 6 months for a first conviction; or.

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     b. Not more than 9 months for a second conviction; and.

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     3. For a second conviction, By mandatory placement for a

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period of at least 1 year, at the convicted person's sole

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expense, of an ignition interlock device approved by the

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department in accordance with s. 316.1938 upon all vehicles that

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are individually or jointly leased or owned and routinely

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operated by the convicted person, when the convicted person

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qualifies for a permanent or restricted license, for:

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     a. At least 6 months for a first conviction if the person

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had a blood-alcohol level or breath-alcohol level of 0.15 or

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higher but less than 0.20 at the time of the offense; or

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     b. Up to 1 year for a second conviction. The installation

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of such device may not occur before July 1, 2003.

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     (b)1.  Any person who is convicted of a third violation of

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this section for an offense that occurs within 10 years after a

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prior conviction for a violation of this section commits a felony

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of the third degree, punishable as provided in s. 775.082, s.

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775.083, or s. 775.084. In addition, the court shall order the

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mandatory placement for a period of not less than 2 years, at the

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convicted person's sole expense, of an ignition interlock device

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approved by the department in accordance with s. 316.1938 upon

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all vehicles that are individually or jointly leased or owned and

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routinely operated by the convicted person, when the convicted

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person qualifies for a permanent or restricted license. The

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installation of such device may not occur before July 1, 2003.

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     2.  Any person who is convicted of a third violation of this

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section for an offense that occurs more than 10 years after the

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date of a prior conviction for a violation of this section shall

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be punished by a fine of not less than $1,000 or more than $2,500

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and by imprisonment for not more than 12 months. In addition, the

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court shall order the mandatory placement for a period of at

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least 2 years, at the convicted person's sole expense, of an

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ignition interlock device approved by the department in

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accordance with s. 316.1938 upon all vehicles that are

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individually or jointly leased or owned and routinely operated by

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the convicted person, when the convicted person qualifies for a

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permanent or restricted license. The installation of such device

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may not occur before July 1, 2003.

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     3.  Any person who is convicted of a fourth or subsequent

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violation of this section, regardless of when any prior

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conviction for a violation of this section occurred, commits a

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felony of the third degree, punishable as provided in s. 775.082,

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s. 775.083, or s. 775.084. However, the fine imposed for such

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fourth or subsequent violation may be not less than $1,000.

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     (4)  Any person who is convicted of a violation of

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subsection (1) and who has a blood-alcohol level or breath-

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alcohol level of 0.20 or higher, or any person who is convicted

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of a violation of subsection (1) and who at the time of the

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offense was accompanied in the vehicle by a person under the age

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of 18 years, shall be punished:

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     (c)  In addition to the penalties in paragraphs (a) and (b),

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the court shall order the mandatory placement, at the convicted

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person's sole expense, of an ignition interlock device approved

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by the department in accordance with s. 316.1938 upon all

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vehicles that are individually or jointly leased or owned and

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routinely operated by the convicted person for up to 1 year 6

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months for the first offense and for at least 2 years for a

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second offense, when the convicted person qualifies for a

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permanent or restricted license. The installation of such device

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may not occur before July 1, 2003.

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     Section 3.  Subsection (8) of section 322.21, Florida

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Statutes, is amended to read:

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     322.21  License fees; procedure for handling and collecting

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fees.--

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     (8)  Any person who applies for reinstatement following the

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suspension or revocation of the person's driver's license shall

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pay a service fee of $35 following a suspension, and $60

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following a revocation, which is in addition to the fee for a

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license. Any such applicant required to have an ignition

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interlock device installed under this chapter or chapter 316

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shall also pay a service fee of $15. Any person who applies for

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reinstatement of a commercial driver's license following the

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disqualification of the person's privilege to operate a

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commercial motor vehicle shall pay a service fee of $60, which is

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in addition to the fee for a license. The department shall

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collect all of these fees at the time of reinstatement. The

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department shall issue proper receipts for such fees and shall

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promptly transmit all funds received by it as follows:

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     (a)  Of the $35 fee received from a licensee for

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reinstatement following a suspension, the department shall

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deposit $15 in the General Revenue Fund and $20 in the Highway

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Safety Operating Trust Fund.

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     (b)  Of the $60 fee received from a licensee for

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reinstatement following a revocation or disqualification, the

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department shall deposit $35 in the General Revenue Fund and $25

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in the Highway Safety Operating Trust Fund.

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     (c) The entire $15 fee received from a licensee required to

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have an interlock device installed shall be deposited by the

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department into the DUI Programs Coordination Trust Fund.

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If the revocation or suspension of the driver's license was for a

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violation of s. 316.193, or for refusal to submit to a lawful

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breath, blood, or urine test, an additional fee of $115 must be

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charged. However, only one $115 fee may be collected from one

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person convicted of violations arising out of the same incident.

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The department shall collect the $115 fee and deposit the fee

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into the Highway Safety Operating Trust Fund at the time of

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reinstatement of the person's driver's license, but the fee may

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not be collected if the suspension or revocation is overturned.

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If the revocation or suspension of the driver's license was for a

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conviction for a violation of s. 817.234(8) or (9) or s. 817.505,

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an additional fee of $180 is imposed for each offense. The

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department shall collect and deposit the additional fee into the

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Highway Safety Operating Trust Fund at the time of reinstatement

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of the person's driver's license.

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     Section 4.  Subsection (1) and paragraph (a) of subsection

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(3) of section 322.2715, Florida Statutes, are amended to read:

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     322.2715  Ignition interlock device.--

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     (1)  Before issuing a permanent or restricted driver's

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license under this chapter, the department shall require the

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placement of a department-approved ignition interlock device,

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installed in such a manner that the vehicle will not start if the

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operator's blood-alcohol level is in excess of the level provided

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in s. 316.1937(1), for any person convicted of committing an

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offense of driving under the influence as specified in subsection

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(3), except that consideration may be given to those individuals

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having a documented medical condition that would prohibit the

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device from functioning normally. An interlock device shall be

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placed on all vehicles that are individually or jointly leased or

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owned and routinely operated by the convicted person.

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     (3)  If the person is convicted of:

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     (a)  A first offense of driving under the influence under s.

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316.193 and has an unlawful blood-alcohol level or breath-alcohol

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level as specified in s. 316.193(4), or if a person is convicted

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of a violation of s. 316.193 and was at the time of the offense

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accompanied in the vehicle by a person younger than 18 years of

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age, the person shall have the ignition interlock device

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installed for up to 1 year 6 months for the first offense and for

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at least 2 years for a second offense. The ignition interlock

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device shall be installed for at least 6 months for a first

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conviction if the person had a blood-alcohol level or breath-

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alcohol level of 0.15 or higher but less than 0.20 at the time of

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the offense and up to 1 year for a second conviction as specified

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in s. 316.193(2). If the court fails or neglects to order the

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ignition interlock device to be installed pursuant to this

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section, the department shall require the installation of the

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device.

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     Section 5.  This act shall take effect October 1, 2008.