Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1394
       
       
       
       
       
       
                                Ì512206uÎ512206                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: PEND           .                                
                  01/27/2016           .                                
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       The Committee on Transportation (Simpson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 362 and 363
    4  insert:
    5         Section 13. Subsections (1), (3), and (4) of section
    6  322.2715, Florida Statutes, are amended to read:
    7         322.2715 Ignition interlock device.—
    8         (1) Before issuing a permanent or restricted driver license
    9  under this chapter, the department shall require the placement
   10  of a department-approved ignition interlock device for any
   11  person convicted of committing an offense of driving under the
   12  influence as specified in subsection (3), except that
   13  consideration may be given to those individuals having a
   14  documented medical condition that would prohibit the device from
   15  functioning normally. If a medical waiver has been granted for a
   16  convicted person seeking a restricted license, the convicted
   17  person shall not be entitled to a restricted license until the
   18  required ignition interlock device installation period under
   19  subsection (3) expires, in addition to the time requirements
   20  under s. 322.271. If a medical waiver has been approved for a
   21  convicted person seeking permanent reinstatement of the driver
   22  license, the convicted person must be restricted to an
   23  employment-purposes-only license and be supervised by a licensed
   24  DUI program until the required ignition interlock device
   25  installation period under subsection (3) expires. An interlock
   26  device shall be placed on all vehicles that are individually or
   27  jointly leased or owned and routinely operated by the convicted
   28  person. Effective October 1, 2016, a qualified sobriety and drug
   29  monitoring program as defined in s. 316.193(15) and authorized
   30  by 23 U.S.C. s. 164 may be used by the department as an
   31  alternative to the placement of an ignition interlock device
   32  required by this section.
   33         (3) If the person is convicted of:
   34         (a) A first offense of driving under the influence under s.
   35  316.193 and has an unlawful blood-alcohol level or breath
   36  alcohol level as specified in s. 316.193(1), the ignition
   37  interlock device may be installed for at least 6 continuous
   38  months.
   39         (b) A first offense of driving under the influence under s.
   40  316.193 and has an unlawful blood-alcohol level or breath
   41  alcohol level as specified in s. 316.193(4), or if a person is
   42  convicted of a violation of s. 316.193 and was at the time of
   43  the offense accompanied in the vehicle by a person younger than
   44  18 years of age, the person shall have the ignition interlock
   45  device installed for at least 6 continuous months for the first
   46  offense and for at least 2 continuous years for a second
   47  offense.
   48         (c) A second offense of driving under the influence, the
   49  ignition interlock device shall be installed for a period of at
   50  least 1 continuous year.
   51         (d) A third offense of driving under the influence which
   52  occurs within 10 years after a prior conviction for a violation
   53  of s. 316.193, the ignition interlock device shall be installed
   54  for a period of at least 2 continuous years.
   55         (e) A third offense of driving under the influence which
   56  occurs more than 10 years after the date of a prior conviction,
   57  the ignition interlock device shall be installed for a period of
   58  at least 2 continuous years.
   59         (f) A fourth or subsequent offense of driving under the
   60  influence, the ignition interlock device shall be installed for
   61  a period of at least 5 years.
   62  
   63  Effective October 1, 2016, for the offenses specified in this
   64  subsection, a qualified sobriety and drug monitoring program as
   65  defined in s. 316.193(15) and authorized by 23 U.S.C. s. 164 may
   66  be used by the department as an alternative to the placement of
   67  an ignition interlock device required by this section.
   68         (4) If the court fails to order the mandatory placement of
   69  the ignition interlock device or fails to order for the
   70  applicable period the mandatory placement of an ignition
   71  interlock device under s. 316.193 or s. 316.1937 at the time of
   72  imposing sentence or within 30 days thereafter, the department
   73  shall immediately require that the ignition interlock device be
   74  installed as provided in this section, except that consideration
   75  may be given to those individuals having a documented medical
   76  condition that would prohibit the device from functioning
   77  normally. Effective October 1, 2016, a qualified sobriety and
   78  drug monitoring program as defined in s. 316.193(15) and
   79  authorized by 23 U.S.C. s. 164 may be used by the department as
   80  an alternative to the placement of an ignition interlock device
   81  required by this section. This subsection applies to the
   82  reinstatement of the driving privilege following a revocation,
   83  suspension, or cancellation that is based upon a conviction for
   84  the offense of driving under the influence which occurs on or
   85  after July 1, 2005.
   86  ================= T I T L E  A M E N D M E N T ================
   87  And the title is amended as follows:
   88         Delete line 53
   89  and insert:
   90         mental condition; amending s. 322.2715, F.S.;
   91         providing that a certain qualified sobriety and drug
   92         monitoring program may be used by the department by a
   93         specified date as an alternative to the placement of
   94         an ignition interlock device; providing an effective
   95         date.