CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 1316
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Webster moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 1, line 24, through page 2, line 29, delete
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17 and insert:
18 Section 1. Section 316.1937, Florida Statutes, is
19 amended to read:
20 316.1937 Ignition interlock devices, requiring;
21 unlawful acts.--
22 (1)(a) Discretionary ignition interlock device--In
23 addition to any other authorized penalties, the court may
24 require that any person who is convicted of driving under the
25 influence in violation of s. 316.193, and who is granted
26 probation, shall not operate a motor vehicle during the period
27 of probation unless that vehicle is equipped with a
28 functioning ignition interlock device certified by the
29 department as provided in s. 316.1938, and installed in such a
30 manner that the vehicle will not start if the operator's blood
31 alcohol level is in excess of 0.05 percent or as otherwise
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SENATE AMENDMENT
Bill No. CS for SB 1316
Amendment No.
1 specified by the court. The court may require the use of an
2 approved ignition interlock device for the period of
3 probation, said period to be for not less than 6 months, if
4 the person is permitted to operate a motor vehicle, whether
5 the privilege to operate a motor vehicle is restricted or
6 not, as determined by the court.
7 (b) Mandatory ignition interlock device--On or after
8 July 1, 2000, in addition to any other authorized penalties,
9 the court shall require that any person whose license is
10 revoked pursuant to s. 322.28(2)(a)2. or s. 322.28(2)(a)3. and
11 who obtains a restricted license pursuant to s. 322.271 shall
12 not operate a motor vehicle unless the vehicle is equipped
13 with a functioning ignition interlock device certified by the
14 department as provided in s. 316.1938 for at least the first
15 year following the issuance of the restricted license. The
16 ignition interlock device must be installed in such a manner
17 that the vehicle will not start if the operator's
18 blood-alcohol level is in excess of .05 or otherwise as
19 provided by department rule. If the requirement for the
20 ignition interlock device is not specified by the court at the
21 time of imposing sentence, or within 30 days thereafter, the
22 department shall require an ignition interlock device as
23 specifed herein prior to issuing a restricted license.
24 (2) If the court imposes the use of an ignition
25 interlock device pursuant to subsection (1) as a condition of
26 probation, the court shall:
27 (a) Stipulate on the record the requirement for, and
28 the period of, the use of a certified ignition interlock
29 device.
30 (b) Order that the records of the department reflect
31 such requirement.
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SENATE AMENDMENT
Bill No. CS for SB 1316
Amendment No.
1 (c) Order that an ignition interlock device be
2 installed, as the court may determine necessary, on any
3 vehicle owned or operated by the offender probationer.
4 (d) Determine the offender's probationer's ability to
5 pay for installation and monitoring of the device if the
6 offender probationer claims inability to pay. If the court
7 determines that the offender probationer is unable to pay for
8 installation and monitoring of the device, the court may order
9 that any portion of a fine paid by the offender probationer
10 for a violation of s. 316.193 shall be allocated to defray the
11 costs of installing and monitoring the device.
12 (e) Require proof of installation of the device and
13 periodic reporting to the probation officer if the offender is
14 on probation or to the department if the offender's
15 probationary period has ended for verification of the
16 operation of the device in the offender's probationer's
17 vehicle.
18 (3) If the court imposes the use of an ignition
19 interlock device as a term of probation on a person whose
20 driving privilege is not suspended or revoked, the court shall
21 require the person to provide proof of compliance to the
22 probation officer within 30 days. If the person fails to
23 provide proof of installation within that period, absent a
24 finding by the court of good cause for that failure which is
25 entered in the court record, the court shall revoke or
26 terminate the person's probation.
27 (4) If the court imposes the use of an ignition
28 interlock device as a term of probation on a person whose
29 driving privilege is suspended or revoked for a period of less
30 than 3 years, the department shall require proof of compliance
31 before reinstatement of the person's driving privilege.
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Amendment No.
1 (5)(a) In addition to any other provision of law, upon
2 conviction of a violation of this section the department shall
3 revoke the person's driving privilege for 1 year from the date
4 of conviction. Upon conviction of a separate violation of
5 this section during the same period of required use of an
6 ignition interlock device, the department shall revoke the
7 person's driving privilege for 5 years from the date of
8 conviction.
9 (b) Any person convicted of a violation of subsection
10 (6) who does not have a driver's license shall, in addition to
11 any other penalty provided by law, pay a fine of not less than
12 $250 or more than $500 per each such violation. In the event
13 that the person is unable to pay any such fine, the fine shall
14 become a lien against the motor vehicle used in violation of
15 subsection (6) and payment shall be made pursuant to s.
16 316.3025(4).
17 (6)(a) It is unlawful to tamper with, or to circumvent
18 the operation of, a court-ordered ignition interlock device.
19 (b) It is unlawful for any person whose driving
20 privilege is restricted pursuant to this section to request or
21 solicit any other person to blow into an ignition interlock
22 device or to start a motor vehicle equipped with the device
23 for the purpose of providing the person so restricted with an
24 operable motor vehicle.
25 (c) It is unlawful to blow into an ignition interlock
26 device or to start a motor vehicle equipped with the device
27 for the purpose of providing an operable motor vehicle to a
28 person whose driving privilege is restricted pursuant to this
29 section.
30 (d) It is unlawful to knowingly lease or lend a motor
31 vehicle to a person who has had his or her driving privilege
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Amendment No.
1 restricted under a condition of probation as provided in this
2 section, unless the vehicle is equipped with a functioning,
3 certified ignition interlock device. Any person whose driving
4 privilege is restricted by under a condition of probation
5 requiring an ignition interlock device shall notify any other
6 person who leases or loans a motor vehicle to him or her of
7 such driving restriction.
8 (7) Notwithstanding the provisions of this section, if
9 a person is required to operate a motor vehicle in the course
10 and scope of his or her employment and if the vehicle is owned
11 by the employer, the person may operate that vehicle without
12 installation of an approved ignition interlock device if the
13 employer has been notified of such driving privilege
14 restriction and if proof of that notification is with the
15 vehicle. This employment exemption does not apply, however,
16 if the business entity which owns the vehicle is owned or
17 controlled by the person whose driving privilege has been
18 restricted.
19 Section 2. Subsection (2), of section 322.271, Florida
20 Statutes, 1998 Supplement, is amended to read:
21 322.271 Authority to modify revocation, cancellation,
22 or suspension order.--
23 (2)(a) Upon such hearing, the person whose license has
24 been suspended, canceled, or revoked may show that such
25 suspension, cancellation, or revocation of his or her license
26 causes a serious hardship and precludes the person's carrying
27 out his or her normal business occupation, trade, or
28 employment and that the use of the person's license in the
29 normal course of his or her business is necessary to the
30 proper support of the person or his or her family. Except as
31 otherwise provided in this subsection, the department shall
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Amendment No.
1 require proof of the successful completion of an approved
2 driver training or substance abuse education course and may
3 require letters of recommendation from respected
4 businesspersons in the community, law enforcement officers, or
5 judicial officers in determining whether such person should be
6 permitted to operate a motor vehicle on a restricted basis for
7 business or employment use only and in determining whether
8 such person can be trusted to so operate a motor vehicle. If a
9 driver's license has been suspended under the point system or
10 pursuant to s. 322.2615, the department shall require proof of
11 enrollment in an approved driver training course or substance
12 abuse education course, and may require the letters of
13 recommendation described in this subsection to determine if
14 the driver should be reinstated on a restricted basis; if such
15 person fails to complete the approved course within 90 days
16 after reinstatement, the department shall cancel his or her
17 driver's license until the course is successfully completed.
18 The privilege of driving on a limited or restricted basis for
19 business or employment use shall not be granted to a person
20 who has been convicted of a violation of s. 316.193 until
21 completion of such education or training course. Except as
22 provided in paragraph (b), the privilege of driving on a
23 limited or restricted basis for business or employment use
24 shall not be granted to a person whose license is revoked
25 pursuant to s. 322.28 or suspended pursuant to s. 322.2615 and
26 who has been convicted of a violation of s. 316.193 two or
27 more times or whose license has been suspended two or more
28 times for refusal to submit to a test pursuant to s. 322.2615
29 or former s. 322.261.
30 (b) A person whose license has been revoked for a
31 period of 5 years or less pursuant to s. 322.28(2)(a) may,
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SENATE AMENDMENT
Bill No. CS for SB 1316
Amendment No.
1 upon the expiration of 12 months after the date said
2 revocation was imposed, petition the department for
3 reinstatement of his or her driving privilege on a restricted
4 basis. A person whose license has been revoked for a period
5 of more than 5 years under s. 322.28(2)(a) may, upon the
6 expiration of 24 months after the date the revocation was
7 imposed, petition the department for reinstatement of his or
8 her driving privilege on a restricted basis. Reinstatement of
9 the driving privilege pursuant to this subsection shall be
10 restricted to business or employment purposes only. In
11 addition, the department shall require such persons upon
12 reinstatement to have not driven and to have been drug free
13 for at least 12 months immediately prior to such
14 reinstatement, to show compliance with s. 316.1937 or
15 paragraph (d) of this subsection, to be supervised by a DUI
16 program licensed by the department, and to report to the
17 program at least three times a year as required by the program
18 for the duration of the revocation period for supervision.
19 Such supervision shall include evaluation, education, referral
20 into treatment, and other activities required by the
21 department. Such persons shall assume reasonable costs of
22 supervision. If such person fails to comply with the required
23 supervision, the program shall report the failure to the
24 department, and the department shall cancel such person's
25 driving privilege. This paragraph does not apply to any
26 person whose driving privilege has been permanently revoked.
27 (c) For the purpose of this section, a previous
28 conviction of driving under the influence, driving while
29 intoxicated, driving with an unlawful blood-alcohol level, or
30 any other similar alcohol-related or drug-related offense
31 outside this state or a previous conviction of former s.
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SENATE AMENDMENT
Bill No. CS for SB 1316
Amendment No.
1 316.1931, former s. 316.028, or former s. 860.01 shall be
2 considered a previous conviction for violation of s. 316.193.
3 (d) The department, based upon review of the
4 licensee's application for reinstatement, may require use of
5 an ignition interlock device pursuant to s. 316.1937.
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7 (Redesignate subsequent sections.)
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10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 On page 1, lines 2-8, delete those lines
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14 and insert:
15 An act relating to revocation and suspension of
16 driver's licenses; amending s. 316.1937, F.S.;
17 requiring the use of an ignition interlock
18 device on or after July 1, 2000 for any person
19 whose license is revoked pursuant to s. 322.28,
20 F.S. and who obtains a restricted license
21 pursuant to s. 322.271, F.S; requiring the
22 court to determine the offender's ability to
23 pay for installation and monitoring of the
24 device; requiring that proof of installation of
25 the device and periodic reporting of the device
26 be made to the probation officer or the
27 department depending on the circumstances;
28 providing certain nomenclature changes;
29 amending s. 322.271, F.S.; providing that a
30 person who seeks reinstatement of a driver's
31 license revoked pursuant to s. 322.28, F.S.,
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SENATE AMENDMENT
Bill No. CS for SB 1316
Amendment No.
1 must show the department proof of the
2 installation of an ignition interlock device if
3 ordered; amending s. 322.2616, F.S.;
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